GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative
West Bengal Act XV of 1995 THE FIOWRAH IMPROVEMENT (AMENDMENT) ACT, 1995. [Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 22nd September, 1995.] ,[22nd September, 1995.] An Act to amend the Howrah Improvement Act, 1956. West Ben. WHEREAS it Act XIV of is expedient to amend the Howrah Improvement Act, 1956. 1956, for the purpose 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 Howrah Improvement Short title (Amendment) Act, 1995. and commence- (2) It shall come into force at once. ment.
2. For sub-section (3) of section 1 of the Howrah Improvement Act, Amendment 1956 (hereinafter referred to as the principal Act), the following sub- of section I section shall be substituted:— of West Ben. Act XIV of "(3) It extends to the whole of Howrah.". 1956.
3. In section 2 of the principal Act,— Amendment (a) after clause (e), the following clause shall be inserted:— of section 2. ‘(ee) "Chief Executive Offic;er" means the person appointed by the State Government to be the Chief Executive Officer of the Board;'; (b) for clause (f), the following clause shall be substituted:— `()) "Howrah" means the area within the jurisdiction of the district of Howrah;'; (c) after clause (f), the following clause shall be inserted:— `(ff) "Howrah Municipal Corporation" means the Howrah West Ben. Act LVIII of Municipal Corporation established under the Howrah 1980. Municipal Corporation Act, 1980;';
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[West Ben. Act
(Sections 4-7.)
(d) after clause (i), the following clause shall be inserted:— `(ii) "Municipality" has the same meaning as in clause (38A) of section 2 of the West Bengal Municipal Act, West Ben. Act XXII of 1993;". 1993.
Substitution 4. For section 4 of the principal Act, the following section shall be of new section for substituted:— section 4. "Constitution 4. The Board shall consist of eleven Trustees as specified of Board. below:— (a) the Mayor of the Howrah Municipal Corporation (hereinafter referred to as the Mayor); (b) one representative of the Department of Urban Development, Government of West Bengal; (c) one representative of the Finance Department, Government of West Bengal; (d) one official of the Calcutta Metropolitan Development Authority to be appointed by the State Government; (e) the Chief Executive Officer; (f) five persons to be appointed by the State Government; (g) the person appointed by the State Government to be the Secretaryof the Board, who shall be the Member-Secretary: Provided that when an order of supersession of the Howrah West Ben. Municipal Corporation has been made under the Howrah Act LVIII of Municipal Corporation Act, 1980, and is in force, it shall 1980. be competent for the State Government to nominate in place of the Mayor a person having special knowledge or experience in Municipal administration.".
Amendment 5. In sub-section (1) of section 5 of the principal Act, the words "or of section 5. elected" shall be omitted.
Amendment 6. In section 6 of the principal Act,— of section 6. (a) in sub-section (1), for the words "a person", the word "Mayor"shall be substituted; (b) sub-section (2) shall be omitted.
Amendment 7. In section 7 of the principal Act,— of section 7. (a) in sub-section (1), for the word "salary", the words "honorarium or allowance" shall be substituted;
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(Sections 8-16.)
(b) sub-section (2), sub-section (3) and sub-section (4) shall be omitted.
8. In section 8 of the principal Act, for the words "salary and Amendment allowance", the words "honorarium or allowance" shall be substituted. of section 8.
9. In sub-section (2) of section 9 of the principal Act, for the word Amendment "salary,", the words, figures and brackets "honorarium or allowance under of section 9. sub-section (1) of section 7," shall be substituted.
10. In sub-section (2) of section 10 of the principal Act, the words Amendment of section 10. and figure "subject to the provisions of section 7" shall be omitted.
11. In section 11 of the principal Act, the words "or the Chairman of Amendment of section 11. the Howrah Municipality or the Chairman of the Bally Municipality" shall be omitted.
12. In sub-section (3) of section 12 of the principal Act, clause (ii) Amendment of section1 2. shall be omitted.
13. In section 13 of the principal Act, the words ", other than the Amendment Chairman of the Howrah Municipality or of the Bally Municipality," of section 13. shall be omitted.
14. For section 14 of the principal Act, the following section shall Substitution of new be substituted:— section for "Term of office 14. The term of office of the Trustees, other than the section 14. ofTrustees. Chairman, shall be three years.".
15. In section 32 of the principal Act,— Amendment of section 32. (a) in sub-section (1), for the words "any officer of the Board", the words "the Chief Executive Officer" shall be substituted; (b) in sub-section (2), for the words "any officer", the words "the Chief Executive Officer" shall be substituted.
16. In section 38 of the principal Act,— Amendment (a) in sub-section (1),— of section 38. (i) for the words "Commissioners of the Howrah Municipality or of the Bally Municipality", the words "Councillors of the Howrah Municipal Corporation or of any Municipality of Howrah" shall be substituted, and
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[West Ben. Act
(Sections 17-21.)
(ii) in clause (b), for the words "Howrah Municipality", the words "Howrah Municipal Corporation" shall be substituted; (b) in sub-section (2), for the words "Commissioners of the Howrah Municipality or of the Bally Municipality,", the words "Councillors of the Howrah Municipal Corporation or of any Municipality of Howrah," shall be substituted.
Amendment 17. In section 39 of the principal Act,— of section 39. (a) in sub-section (1), for the words "Commissioners of the Howrah Municipality or of the Bally Municipality,", the words "Councillors of the Howrah Municipal Corporation or of any Municipality of Howrah," shall be substituted; (b) in sub-section (2), for the words "Commissioners of the Howrah Municipality or of the Bally Municipality,", the words "Councillors of the Howrah Municipal Corporation or of any Municipality of Howrah," shall be substituted; (c) in sub-section (3), for the words "Commissioners of the Howrah Municipality or of the Bally Municipality,", wherever they occur, the words "Councillors of the Howrah Municipal Corporation or of any Municipality of Howrah," shall be substituted.
Amendment 18. In clause (ii) of sub-section (2) of section 45 of the principal of section 45. Act, for the words "Chairman of the Howrah Municipality, to the Chairman of the Bally Municipality,", the word "Mayor," shall be substituted.
Amendment 19. In section 46 of the principal Act,— of section 46. (a) for the words "The Chairman of the Howrah Municipality, the Chairman of the Bally Municipality,", the words "The Mayor," shall be substituted, and (b) after the words "any representation which", the words "the Mayor," shall be inserted.
Amendment 20. In section 48 of the principal Act, for the words "The Chairman of section 48. of the Howrah Municipality, the Chairman of the Bally Municipality and", the words "The Mayor and the" shall be substituted.
Amendment 21. In section 54 of the principal Act,— of section 54. (a) in sub-section (1),— (i) for clause (a), the following clause shall be substituted:— "(a) is situated in the Howrah Municipal Corporation and is vested therein, or",
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(Section 22.)
(ii) in clause (b), for the words "any other Municipality", the words "any Municipality of Howrah" shall be substituted, (iii) for the words "give notice accordingly to the Chairman", the words "give notice accordingly to the Mayor and the Chairman" shall be substituted, (iv) for the words "to the Commissioner of the Municipality concerned", the words "to the Howrah Municipal Corporation or the Municipality concerned, as the case may be," shall be substituted, and (v) in the proviso, for the words "Commissioners of the Municipality concerned", the words "the Mayor or the Councillors of the Municipality concerned, as the case may be," shall be substituted; (b) in sub-section (2),— (i) for the words "re-vests in the Municipality concerned", the words "re-vests in the Howrah Municipal Corporation or the Municipality concerned, as the case may be," shall be substituted, and (ii) for the words "to the Commissioners of the Municipality concerned", the words "to the Howrah Municipal Corporation or the Municipality concerned, as the case may be," shall be substituted; (c) in sub-section (3), for the words "the Commissioners of the Municipality concerned", the words "the Howrah Municipal Corporation or the Municipality concerned, as the case may be," shall be substituted; (d) in sub-section (4),— (i) for the words "re-vest in the Commissioners of the Municipality concerned", the words "re-vest in the Howrah Municipal Corporation or the Municipality concerned, as the case may be," shall be substituted, and (ii) for the words "such Commissioners", the words "such Corporation or Municipality, as the case may be," shall be substituted.
22. In sub-section (1) of section 55 of the principal Act, for the Amendment words "Commissioners of the Howrah Municipality or the Bally of section 55. Municipality", the words "Howrah Municipal Corporation or any Municipality of Howrah" shall be substituted.
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[West Ben. Act
(Sections 23-25.)
Amendment 23. In sub-section (1) of section 56 of the principal Act, for the words of section 56. "Commissioners of the Municipality concerned", the words "Howrah Municipal Corporation or the Municipality concerned, as the case may be," shall be substituted.
Amendment 24. In section 57 of the principal Act,— of section 57. (a) in sub-section (1),— (i) for the words "Howrah Municipality", the words "Howrah Municipal Corporation" shall be substituted, and (ii) for the words "in the Bally Municipality,", the words "in any Municipality of Howrah," shall be substituted; (b) in sub-section (2), for the words "Howrah Municipality", the words "Howrah Municipal Corporation" shall be substituted.
Amendment 25. In section 63 of the principal Act,— of section 63. (a) in sub-section (1),— (i) in clause (a), for the words "Howrah Municipality or the Bally Municipality,", the words "Howrah Municipal Corporation or any Municipality of Howrah," shall be substituted, and in clause (b), for the words "those Municipality,", the words "the said Corporation or the Municipality, as the case may be," shall be substituted; (b) in clause (iii) of sub-section (2),— (i) for the words "Chairman of the Howrah Municipality, to the Chairman of the Bally Municipality", the words "Mayor, the Chairman of any Municipality of Howrah" shall be substituted, and (ii) for the words "neighbourhood of the Howrah Municipality and of the Bally Municipality", the words "neighbourhood of the Howrah Municipal Corporation and of any Municipality of Howrah" shall be substituted; (c) in sub-section (3), for the words "Commissioners of the Howrah Municipality or of the Bally Municipality", the words "Howrah Municipal Corporation or any Municipality of Howrah" shall be substituted.
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(Sections 26-28.)
Amendment 26. In section 65 of the principal Act,— of section 65. (a) in sub-section (1), for the words "Commissioners of the Howrah Municipality or the Bally Municipality,", wherever they occur, the words "Howrah Municipal Corporation or any Municipality of.Howrah," shall be substituted; (b) in sub-section (2), for the words "Commissioners of the Howrah Municipality or the Bally Municipality,", the words "Howrah Municipal Corporation or any Municipality of Howrah," shall be substituted; (c) in sub-section (3), for the words "Commissioners of the Howrah Municipality or the Bally Municipality,", wherever they occur, the words "Howrah Municipal Corporation or any Municipality of Howrah," shall be substituted; (d) in sub-section (4),— (i) for the words "Commissioners of the Howrah Municipality or the Bally Municipality,", the words "Howrah Municipal Corporation or any Municipality of Howrah," shall be substituted, and (ii) in the proviso,— (A) for the words "Commissioners of the Howrah Municipality or the Bally Municipality,", the words "Howrah Municipal Corporation or any Municipality of Howrah," shall be substituted, (B) for the words "direct the Commissioner", the words "direct the Corporation or the Municipality, as the case may be," shall be substituted, and (C) for the words "or the Commissioners failing", the words "or the Corporation or the Municipality, as the case may be, falling" shall be substituted.
Omission of 27. Section 66 of the principal Act shall be omitted. section 66. Amendment 28. In section 71 of the principal Act,— of section 71. (a) in sub-section (3), for the words "Commissioners of the Howrah Municipality and the Bally Municipality" in the two places where they occur, the words "Howrah Municipal Corporation and the Municipalities of Howrah" shall be substituted;
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(Sections 29-35.)
(b) in sub-section (6),— (i) for the words "by the Commissioner of the Howrah Municipality and the Bally Municipality", the words "by the Howrah Municipal Corporation or any Municipality of Howrah" shall be substituted, (ii) for the words "Commissioners of the Howrah Municipality and the Bally Municipality or,", the words "Howrah Municipal Corporation or the Municipality, as the case may be, or" shall be substituted, and (iii) for the words "said Commissioners,", the words "said Corporation or Municipality, as the case may be," shall be substituted.
Amendment 29. In sub-section (3) of section 90 of the principal Act, after the of section 90. words "or in any other provision of this Act when", the words "the State Government or a Government undertaking or" shall be inserted.
Amendment 30. In sub-section (1) of section 92 of the principal Act, for the words of section 92. "in the Howrah Municipality or the Bally Municipality", the words "in any area within the jurisdiction of the Howrah Municipal Corporation or of any Municipality of Howrah" shall be substituted.
Amendment 31. In sub-section (1) of section 93 of the principal Act, for the words of section 93. "in the Howrah Municipality and the Bally Municipality," in the two places where they occur, the words "in any area within the jurisdiction of the Howrah Municipal Corporation or of any Municipality of Howrah," shall be substituted.
Omission of section 114. 32. Section 114 of the principal Act shall be omitted.
Amendment of 33. In section 120 of the principal Act, for the words "Chairman of section 120. the Howrah Municipality and of the Bally Municipality.", the words "Mayor and the Chairmen of all the Municipalities of Howrah." shall be substituted.
Amendment 34. of In section 124 of the principal Act, for the word "Chairman", section 124. the words "Chief Executive Officer" shall be substituted.
Amendment 35. of In sub-section (2) of section 125 of the principal Act, for the section 125. word "Chairman" in the two places where it occurs, the words "Chief Executive Officer" shall be substituted.
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(Sections 36-41.)
36. In section 127 of the principal Act, for the word "Chairman", Amendment of wherever it occurs, the words "Chief Executive Officer" shall be section 127. substituted.
37. In section 128 of the principal Act, for the word "Chairman" in Amendment the two places where it occurs, the words "Chief Executive Officer" shall of be substituted. section 128.
38. In section 147 of the principal Act, for the words "Chairman of Amendment the Howrah Municipality, the Chairman of the Bally Municipality and of to", the words "Mayor, the Chairmen of the Municipalities of Howrah section 147. and" shall be substituted.
39. ClaUse (1) of section 148 of the principal Act shall be omitted. Amendment of section 148. 40. Section 156 of the principal Act shall be omitted. Omission of section 156. 41. Section 157 of the principal Act shall be omitted. Omission of section 157.
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