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West Bengal Act XXXII of 1983

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West Bengal Act XXXII of 1983 GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act XXXII of 1983 THE CALCUTTA MUNICIPAL CORPORATION (AMENDMENT) ACT, 1983. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 1st November, 1983.] [1st November, 1983.] An Act to amend the Calcutta Municipal Corporation Act, 1980. West Ben. WHEREAS it is expedient to amend the Calcutta Municiphl Corporation Act LIX of 1980. Act, 1980, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Thirty-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows:- 1. (1) This Act may be called the Calcutta Municipal Corporation Short title (Amendment) Act, 1983. and commence- (2) It shall come into force on such date as the State Government ment. may, by notification in the Official Gazette, appoint. 2. In section 2 of the Calcutta Municipal Corporation Act, 1980 Amendment (hereinafter referred to as the principal Act), after clause (83), the following of section 2 of West Ben. clause shall be inserted:— Act LIX of `(83A) "thika tenant" shall have the same meaning as in the 1980. West Ben. Act XXXVII Calcutta Thika Tenancy (Acquisition and Regulation) of 1981. Act, 1981:'. 3. In section 5 of the principal Act,— Amendment (a) in sub-section (1),— of section 5. (1) in clause (a), for the words "one hundred", the words "one hundred and forty-one" shall be substituted, and (ii) in clause (c), for the word "five", the word "seven" shall be substituted; (b) in sub-section (2), for the words "one hundred", the words "one hundred and forty-one" shall be substituted; (c) in sub-section (3), for the word "five", the word "seven" shall be substituted. 201 The Calcutta Municipal Corporation (Amendment) Act, 1983. [West Ben. Act (Sections 4-7.) Amendment 4. In sub-section (1) of section 11 of the principal Act, for the word of section 11. "ten", the word "fifteen" shall be substituted. Amendment 5. To section 50 of the principal Act, the following proviso shall of section 50 . be added:— "Provided that for the purpose of first election of Councillors to the Corporation, an electoral roll prepared and published in accordance with the provisions of the Calcutta Municipal Act, 1951 and the rules made West Ben. thereunder, which was in force immediately before the coming into force Act XXXIII of 1951. of this Act, may be adopted by the election authority as an electoral roll under this Act.". Amendment 6. In section 56 of the principal Act, for sub-section (3), the following of section 56. sub-section shall be substituted:— "(3) The electoral roll shall, unless otherwise directed by the State Government for reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date as often as the State Government may consider necessary and— (i) before each general election to the Corporation, and (ii) before each bye-election to fill a casual vacancy in the seat of a Councillor: Provided that if the State Government is satisfied that the electoral roll cannot be revised before any general election or bye-election as aforesaid, the validity or continued operation of such electoral roll for the purpose of such general election or bye-election shall not be affected.". Amendment 7. In section 171 of the principal Act,— of section 171. (a) in sub-section (8),— (i) in clause (b), for the words, letter and brackets "in clause (a) or for", the words, letter and brackets "in clause (a) for" shall be substituted; (ii) in clause (c), after the words "owned by", the words "Government or" shall be inserted; (b) in sub-section (9), for the words "such bustee", the words, letters and brackets "such land, hut or building in a bustee referred to in clause (a) or clause (b), as the case may be," shall be substituted. 202 The Calcutta Municipal Corporation (Amendment) Act, 1983. XXXII of 1983.] (Sections 8-10.) 8. In section 174 of the principal Act, after sub-section (4), the Amendment following sub-section shall be inserted:— of section 174. "(4A) If the gross annual rent of any land or building or part thereof cannot be easily estimated, the gross annual rent of such land or building for the purposes of sub-section (1) shall be deemed to be seven and half per cent. of the value of the building obtained by adding the estimated present cost of erecting the building at the time of assessment less a reasonable amount to be deducted on account of depreciation, if any, to the estimated present market value of the land: Provided that the estimated present cost shall not include the cost of any plant or machinery, excepting those enumerated in Schedule VIII, on the land or the building as aforesaid.". 9. For section 175 of the principal Act, the following section shall Substitution be substituted:— of new section for "Annual valuation 175. (1) Notwithstanding anything to the contrary section 175. of land, but and building comprised contained in this Chapter, the annual value of any land in thika tenancies. comprised in a thika tenancy with hut or building made thereon, either in a bustee or otherwise, shall be deemed to be the gross annual rent at which such land with hut or building made thereon may reasonably be expected to let from year to year less ten per cent. of such annual rent to maintain the said hut or building in a state to command such gross rent. (2) The annual value of any land, which is not built upon, comprised in a thika tenancy, either in a bustee or otherwise, excluding the land used for roads and other public uses, shall be deemed to be the amount of annual rent payable to the State Government under the Calcutta Thika West Ben. Tenancy (Acquisition and Regulation) Act, 1981.". Act XXXVII of 1981. 10. In sub-section (2) of section 178 of the principal Act, for Amendment clause (v), the following clauses shall be substituted:— of section 178. "(v) every land comprised in a thika tenancy with hut or building made thereon, either in a bustee or otherwise, shall be assessed separately as a single unit; (vi) every land, which is not built upon, comprised in a thika tenancy, either in a bustee or otherwise, shall be assessed separately as a single unit". 203 The Calcutta Municipal Corporation (Amendment) Act, 1983. [West Ben. Act (Sections 11-19.) Amendment 11. In clause (i) of sub-section (4) of section 180 of the principal Act, of section for the words, figures and brackets "sub-section (1) or sub-section (2) 180. of section 180,", the words, figures and brackets "sub-section (3) of section 180," shall be substituted. Amendment 12. In section 181• of the principal Act,— of section 181. (a) sub-section (4) shall be omitted; (b) sub-section (6) shall be omitted. Amendment 13. In section 182 of the principal Act, the third proviso shall be of section 182. omitted. Amendment 14. In section 193 of the principal Act, after sub-section (3) and the of section proviso thereto, the following sub-section shall be inserted:— 193. "(4) Notwithstanding the vesting of any land in the State under the Tenancy (Acquisition and Regulation) Act, 1981, in the West Ben. Calcutta Thika Act XXXVII case of any land comprised in a thika tenancy, the consolidated rate of 1981. assessed in respect of such land and any hut or building made thereon shall be primarily leviable upon the thika tenant.". Omission 15. Section 198 of the principal Act shall be omitted. of section 198. In sub-section (5) of section 200 of the principal Act, the words Amendment 16. of section "not exceeding rupees five" shall be omitted. 200. Amendment 17. Sub-section (6) of section 203 of the principal Act shall be of section 203. omitted. Amendment 18. To clause (b) of sub-section (1) of section 234 of the principal of section 234. Act, the following proviso shall be added:— "Provided that the Corporation may, at any time, levy an annual fee, subject to the regulations made in this behalf, on the occupier of every house to which such supply is made;". For Schedule Ito the principal Act, the following Schedule shall Substitution 19. of new Schedule for be substituted:— Schedule I. 204 The Calcutta Municipal Corporation (Amendment) Act, 1983. XXXII of 1983.] (Section 19.) "SCHEDULE I. CALCUTTA [See sections 2(9), 601 and 625.] BOUNDARIES A line drawn along the outer edge of Pramanick Ghat Road, Kashinath Dutta Road, Kali Charan Ghose Road and Ramkrishna Ghose Road, thence southward along the western edge of the Eastern Railways where the boundary line meets the New Canal, thence eastward along the southern bank of the New Canal and Kestopur Canal up to the point where it meets the Eastern Metropolitan Bypass; thence southward along the western edge of the Eastern Metropolitan Bypass to the point where it meets the New Canal; thence southward along the eastern bank of New Canal to the point where it meets the outlet for stormwater; thence south-east along the western edge of Dr. B. N. Dey Road to the end of Dhapa mauza (J.L. No. 2); thence southward along the eastern boundary of Dhapa mauza (J.L. No. 2); thence westward along the southern boundary of Dhapa mauza (J.L. No. 2) up to the point where it meets the southern boundary of Chowbhaga mauza (J.L. No. 3), thence further west along the southern boundary of Chowbhaga mauza (J.L.
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