West Ben. Act XXII of 1993.

notifications · 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. 5 of 1970. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act XXXII of 1997 THE WEST BENGAL MUNICIPAL (AMENDMENT) ACT, 1997. [Passed by the West Bengal Legislature.] [Assent of the President of India was first published in the Calcutta Gazette, Extraordinary, of the 9th March, 1998.] [9th March, 1998.] 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-eighth Year of the Republic of India, by the Legislature of West Bengal, as follows:- This Act may be called the West Bengal Municipal (Amendment) Act, 1997. It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. In section 2 of the West Bengal Municipal Act, 1993 (hereinafter referred to as the principal Act),— clause (1) shall be renumbered as clause (1A) and before clause (1A) as so renumbered, the following clause shall be inserted:— `(1) "Annual Development Plan" means the Annual Development Plan prepared under section 300;'; clause (IA) shall be renumbered as clause (1B); after clause (10), the following clause shall be inserted:— (10A) "corporate sector" means a financial institution. Explanation.—"Financial institution" shall mean- (a) a bank to which the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, do not apply, Short title and commencement. Amendment of section 2 of West Ben. Act XXII of 1993. (Section 2.) (b) a financial institution which is not maintained or managed by the Central Government or the State Government, (c) a private company,or a limited company (being a public company), as defined in t

Rule TOC

5 · of 1970.

1 · of 1956.

14 · of 1920.

2 · of 1924.

21B · (1) Notwithstanding anything to the contrary contained in this Act or in any other laW for the time being in force, such competent authority for a Municipality as may be appointed by the State Government by notification in this behalf (hereinafter referred to in this section as the competent authority), may, subject to the other provisions of this section, declare, for reasons to be recorded in writing, a Councillor of such Municipality to be disqualified for being a Councillor thereof, if—

7 · In sub-section (2) of section 54 of the principal Act, the word "also" shall be omitted.

8 · After sub-section (2) of section 71 of the principal Act, the following sub-section shall be inserted:—

9 · In Part III of the principal Act, in Chapter VII, after section 73, the following section shall be inserted:—

73A · No expenditure for any work or for purchase of any material as may be necessary for the purposes of this Act shall be made without the approval of the Board of Councillors at a meeting, if the estimated cost of such work or purchase exceeds rupees five thousand but does not exceed rupees five lakh:

59 · of 1988.

10 · In sub-section (1) of section 93 of the principal Act, for clause (e), the following clause shall be substituted:—

100A · Notwithstanding anything contained in the foregoing provisions of this chapter, the Board of Councillors may, by a resolution, exempt 25 percent. of the property tax in respect of any holding belonging to an ex-serviceman, or family of a deceased soldier, who has no other land or building in any part of the State

14 · For section 117 of the principal Act, the following section shall be substituted:—

117A · (1) The Board of Councillors shall levy a surcharge on the transfer of immovable property situated within the municipal area, in the form of additional stamp duty.

15 · In section 118 of the principal Act, for the words "not exceeding rupees ten,", the words "not exceeding rupees five hundred," shall be substituted.

2 · of 1974.

17 · ' After section 204 of the principal Act, the following section shall be inserted:—

204A · (1) Notwithstanding anything contained in this Act or the rules made thereunder or in any other law for the time being in force, any person, who, being responsible by himself or by any other person on his behalf, so constructs or attempts to so construct or conspires to so construct any new building or additional floor or floors of any building in contravention of the provisions of this Act or the rules made thereunder as endangers or is likely to endanger human life, or any property of the Municipality whereupon the water-supply, drainage or sewerage or the road traffic is disrupted or is likely to be disrupted, or is likely to cause a fire hazard, shall be punishable with imprisonment of either description for a term which may extend to five years and also with fine which may extend to fifty thousand rupees.

18 · In section 208 of the principal Act, after the words "nor granted permission to execute a work,", the words and figures "the applicant may appeal to the Municipality, in writing, in this regard, and if the appeal as aforesaid is not disposed of within 30 days from the date of the appeal, this section," shall be inserted.

19 · To section 208A of the principal Act, the following proviso shall be added:—

20 · For section 297 of the principal Act, the following section shall be substituted:—

297 · (1) The Board of Councillors shall prepare a Draft Development Plan for the municipal area or notified area, as the case may be, in consultation with the District Planning Committee for a period of five years, and shall submit to the Urban Development Sub-Committee at least one year before completion of the term of the preceding Draft Development Plan: "Preparation of Draft Development Plan.

298 · A financial statement shall be submitted with the Draft Development Plan containing—

23 · For section 300 of the principal Act, the following section shall be substituted:—