West Ben. Act XXII of 1993.

8baae96f403f7751920d270fc18d5b7cbd883789 · 1993 · West Bengal

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

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West Ben. Act XXII of 1993. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act XIII of 1995 THE WEST BENGAL MUNICIPAL (AMENDMENT) ACT, 1995. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 4th September, 1995.] [4th September, 1995.] 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 Forty-sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:- 1. (1) This Act may be called the West Bengal Municipal (Amendment) Act, 1995. (2) It 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 provisions of this Act. In section 2 of the West Bengal Municipal Act, 1993 (hereinafter referred to as the principal Act),— (a) clause (1) shall be re-numbered as clause (IA) and before clause (1A) as so re-numbered, the following clause shall be inserted:— `(1) "annual valuation" means annual value, and includes determination of annual value where the context so requires;'; (b) after clause (11), the following clause shall be inserted:— VIA) "Councillor" in relation to a Municipality means a person chosen by direct election from a ward of the Municipality;'; (c) for clause (35), the following clause shall be substituted:— `(35) "municipal area" means an area constituted as a municipal area under section 6;'; Short title and commencement. Amendment of section 2 of West Ben. Act XXII of 1993. Amendment of section 3. Amendment of section 7. Amendment of section 14. Amendment of section 18. Insertion o

Rule TOC

1 · (1) This Act may be called the West Bengal Municipal (Amendment) Act, 1995.

3 · To section 3 of the pricipal Act, the following proviso shall be added:—

4 · To section 7 of the principal Act, the following proviso shall be added:—

5 · For sub-section (1) of section 14 of the principal Act, the following sub-section shall be substituted:—

6 · In sub-section (3) of section 18 of the principal Act, for the word "members", wherever it occurs, the words "elected members" shall be substituted.

7 · After section 20 of the principal Act, the following section shall be inserted:—

8 · After section 21 of the principal Act, the following section shall

10 · In sub-section (1) of section 51A of the principal Act, for the word "member", the word "Councillor" shall be substituted.

11 · In sub-section (1) of section 58 of the principal Act, for the words "the date on which", the words "the last day of the month in which" shall be substituted.

13 · To section 66 of the principal Act, the following proviso shall be added:—

14 · To section 68 of the principal Act, the following Explanation shall be added at the end:—

17 · After section 94 of the principal Act, the following section shall be inserted:—

22 · In sub-section (4) of section 111 of the principal Act, the word "determined" shall be omitted.

24 · In sub-section (1) of section 114 of the principal Act, for the word ", transfer", the words "or by transfer or upon the inclusion of any local area within the municipal area" shall be substituted.

26 · In section 181 of the principal Act, for the words "Board of Councillors" in the two places where they occur, the word "Chairman" shall be substituted.

27 · In sub-section (1) of section 207 of the principal Act, for the word "Chairman" in the two places where it occurs, the words "Board of Councillors" shall be substituted.

28 · After section 208 of the principal Act, the following section shall be inserted and shall be deemed always to have been inserted:—

208A · Notwithstanding anything contained in this Chapter or elsewhere in this Act or in the West Bengal Panchayat Act, 1973, permission granted under that Act for erection or construction of any new structure or building or addition to any structure or building in any area shall, upon the constitution of such area a municipal area,—

31 · In section 251 of the principal Act, after the proviso, the following proviso shall be inserted:—

32 · In Part VI of the principal Act, after chapter XVIII, the following chapter shall be inserted:—

285A · On the coming into force of the West Bengal Fire Services Act, 1950, in any municipal area, the Municipality shall, in consultation with the Director of Fire Services or any officer authorised by him in this behalf by general or special order, require the owner or the occupier of all or any of the premises in the municipal area to make, or to carry, such arrangements as may be necessary for fire prevention and fire safety in the municipal area, and issue a fire safety certificate on such conditions as the State Government may prescribe from time to time. Arrangement for fire prevention and fire safety.

381 · Notwithstanding anything contained in chapter II or elsewhere in this Act, if, at any time, the Governor is satisfied, having regard to the provisions of a notified area may be constituted a municipal area, the by notification, declare such notified area to be a municipal "Declaration of notified area as municipal area. section 3, that Governor may, area.".