Short title and commencement.

notifications · 1993 · West Bengal

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Parent: The West Bengal Municipal Act, 1993 (f70e3dec0f9244e22d8749999ecde72abb792f56)

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SRAVANA 28] Short title and commencement. aGrye °Matt( agile gartiqqrA Extraordinary Published by Authority MONDAY, AUGUST 19, 2002 PART III—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 1338-L.-19th August, 2002.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XVI of 2002 THE WEST BENGAL MUNICIPAL (AMENDMENT) ACT, 2002. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 19th August, 2002.] An Act to amend the West Bengal Municipal Act, 1993. WHEREAS it is expedient to amend the West Bengal Municipal Act, 1993, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Fifty-third Year of the Republic of India, by the Legislature of West Bengal, as follows:- (1) This Act may be called the West Bengal Municipal (Amendment) Act, 2002. This section shall come into force at once; and the remaining sections shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different sections of this Act. [SAKA 1924 West Ben. Act XXII of 1993. Amendment of section 2 of West Ben. Act XXII of 1993. Amendment of section 3. Amendment of section 7. Amendment of section 14. The West Bengal Municipal (Amendment) Act, 2002. (Sections 2-5.) In section 2 of the West Bengal Municipal Act, 1993 (hereinafter referred to as the principal Act),— (a) after clause (49), the following clause shall be inserted:— `(49A) "Property tax" means a rate assessed, on building or buildings, or on lands or on both, and includes surcharge levied on pr

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3 · In clause (i) of section 3 of the principal Act, for the figures "20,000", the figures "30,000" shall be substituted.

5 · For sub-section (3) of section 14 of the principal Act, the following sub-section shall be substituted:—

6 · For sub-section (1) of section 15 of the principal Act, the following sub-section shall be substituted:—

16 · (1) The Chairman shall be the whole time functionary of the Municipality and he shall exercise such powers and functions as conferred on him by or under this Act.

23A · (1) At the first meeting of the Board of Councillors or at the meetings subsequent thereto, the Board of Councillors of every Municipality shall constitute the following Standing Committees:—

23B · (1) Each Standing Committee shall perform such functions, exercise such powers, and discharge such duties, as the Board of Councillors at a meeting delegate to it. Powers, functions and duties of Standing Committees.

66A · (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the Board of Councillors may, with the prior approval of the State Government, enter into any business alone, or a Joint Venture, or Partnership Business with any individual or organisation, on such terms and conditions as may be decided by the Board of Councillors and agreed to by the partner or partners of such Joint Venture or Partnership Business after being approved by the State Government.

96 · (1) For the purpose of this Act, a property tax on the annual value of lands and buildings as determined under this Chapter, shall be imposed by the Municipality. "Property tax on lands and buildings.

98 · of the principal Act shall be omitted.

22 · In section 105 of the principal Act, for the words "three hundred rupees.", the words "five hundred rupees." shall be substituted.

23 · In sub-section (3) of the section 106 of the principal Act, for the words "a reasonable amount to be deducted on account of depreciation,", the words and figures "an amount to be deducted as per rates provided under the Income Tax Act, 1961, applicable for the financial year of assessment on account of depreciation," shall be substituted.

24 · In sub-section (4) of section 108 of the principal Act, the following proviso shall be inserted:—

25 · In sub-section (3) of section 110 of the principal Act, for the words "once in every six years:", the words "once in every five years:" shall be substituted.

26 · After section 115 of the principal Act, the following section shall be inserted:—

43 · of 1961.

27 · In sub-section (5) of section 151 of the principal Act, the following proviso shall be inserted:—

28 · In sub-section (2) of section 207 of the principal Act, for the words "for another two years on payment of such fees as may be levied by the Board of Councillors by regulations.", the words "for such period, and on payment of such fee, as may be prescribed." shall be substituted.

30 · In the proviso to sub-section (2) of section 212 of the principal Act, after the words "to communicate its refusal to grant such permission,", the words "such person may make a representation in writing to the Chairman, and the Chairman shall, after such inquiry as he may think fit and after giving such person an opportunity of being heard, grant such permission, or communicate his refusal to grant such permission stating the reasons therefor, within a period of thirty days from the date of receipt of the representation as aforesaid failing which" shall be inserted.

31 · In sub-section (1) of section 215 of the principal Act, for the words "within two months of the receipt of the notice", the words "on receipt of the notice" shall be substituted.

32 · In Part V of the principal Act, Chapter XIVA shall be omitted.

34 · For section 232 of the principal Act, the following section shall be substituted:— "Power to require 232. (1) If, at any time, it appears to the Chairman-in-Council water supply to be taken. that any building or land in the municipal area is without a proper supply of wholesome water, the Chairman may, by written notice, require the owner or the lessee or the occupier of the building or the land or any person having any interest therein, as the case may be, to obtain from municipal water-mains such quantity of water as may be adequate for the requirement of the person usually occupying or employed upon the building or the land, and provide connection pipes of such size, materials and description, and take such necessary steps for the purpose, as may be provided by regulations within such period as may be specified in the notice.

35 · In section 235 of the principal Act, for the words "the occupier may, after giving the owner and the Chairman three days' notice in writing in such form as may be approved by the Municipality,", the words "the occupier may give to the owner and the Chairman three days' notice in writing in such form as may be approved by the Municipality, and if the Municipality fails to get the repairs of all works done connected with the supply of water to the premises within three days from the date of receipt of the notice, the occupier may" shall be substituted.

36 · After section 429 of the principal Act, the following sections shall be inserted:—

429A · (1) Notwithstanding anything contained elsewhere in this Act, the State Government may, by an order in writing, remove, thereunder or abuses the powers vested in him under this Act.

429B · In the discharge of their functions, the Municipalities shall be guided by such directions as may be given to them by the State Government in conformity with the provisions of this Act.".