GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Ordinance No. VI of 1979 THE CALCUTTA MUNICIPAL (AMENDMENT) ORDINANCE, 1979. [Published in the Calcutta Gazette, Extraordinary, of the 14th June, 1979.] West Ben. Act XXXIII WHEREAS it is expedient to amend the Calcutta Municipal Act, 1951, of 1951. for the purposes and in the ,nanner hereinafter appearing; AND WHEREAS the Legislative Assembly of the State of West Bengal is not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action; The Governor is pleased, in exercise of the power conferred clause (1) of article 213 of the Constitution of India, to make and promulgate the following Ordinance:- 1. (1) This Ordinance may be called the Calcutta Municipal Short title and (Amendment) Ordinance, 1979. commence- (2) It shall be deemed to have come into force on the 1st day of mein. January, 1979. 2. In section 5 of the Calcutta Municipal Act, 1951 (hereinafter Amendment of sections referred to as the principal Act), clause (63) shall be omitted. of West Ben. Act XXXIII of 1951. 3. For section 52A of the principal Act, the following section Substitution of new shall be substituted:— section for "The 52A. (1) The State Government shall, by section 52A. authority by whom notification and on such terms and conditions as it electoral roll thinks fit, appoint a person as the election authority shall be prepared or for the preparation, publication, revision, correction revised and and maintenance of the electoral roll and for holding his staff. of elections under this Act and such number of persons as assistant election authorities as may be necessary: Provided that a member of the Corporation or of a Committee thereof or an officer or employee of the Corporation shall not be eligible to be appointed as the election authority or an assistant election authority. 391 The Calcutta Municipal (Amendment) Ordinance, 1979. [West Ben. Ord. (Sections 4, 5.) (2) The election authority may appoint such staff for such period and on such pay as the State Government may sanction: Provided that a member of the Corporation or a Committe thereof or an officer or employee of the Corporation shall not be eligible to be appointed as a member of such staff. (3) The salary of the election authority, the assistant election authorities and the staff appointed under sub-section (2) and all other expenses relating to the establishment of such authority or authorities shall be paid out of the Municipal Fund. (4) An assistant election authority shall perform such functions of the election authority under this Act or the rules made thereunder as the election authority may delegate in this behalf and shall, while performing such functions, be deemed to be an election authority for the purposes of this Act.". Amendment 4. In the Explanation to section 52B of the principal Act, after the of section 52B. words "of this section", the word, figures and letter ", section 52C" shall be inserted. Substitution 5. For section 52C of the principal Act, the following section shall of new section for be substituted:— section 52C. "Meaning of 52C. (1) A person shall be deemed to be ordinarily resident. ordinarily resident in Calcutta if he generally resides in Calcutta for not less than 185 days in a period of 12 months preceding the qualifying date: Provided that-- (a) a person shall not be deemed to be ordinarily resident in Calcutta on the ground only that he owns, or is in possession of, a dwelling house or hut therein, or (b) a person, who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental diseases or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein. Explanation.— (i) A person shall be deemed to "reside" in any dwelling house or hut which or some portion of which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and 392 The Calcutta Municipal (Amendment) Ordinance, 1979. VI of 1979.] (Sections 6, 7.) (ii) a person shall not be deemed to cease to "reside" in any such dwelling house or hut merely because he is absent from it or has elsewhere another dwelling house or hut in which he resides, if there is liberty of, or if there is no abandonment of intention of, returning to it at any time. (2) If in any case a question arises as to whether a person is ordinarily resident in Calcutta at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the State Government". In section 236 of the principal Act, to sub-section (3), the Amendment 6. of section following proviso shall be added:— 236. "Provided that no such interest shall be payable on any amount of a consolidated rate payable on the previous valuation as altered after final determination of any objection under section 207, if such amount is paid within one year from the date of receipt of a notice of demand under sub-section (1).". 7. For Schedule Ito the principal Act, the following Schedule shall Substitution of new be substituted:— Schedule for Schedule I. "SCHEDULE I CALCUTTA [See section 5, clause (11) and sections 532, 592 and 594.] Boundaries A line drawn along the outer edge of Pramanick Ghat Road, Kashi Nath Dutta Road, Kali Charan Ghose Road and Ramkrishna Ghosh Road, thence southward along the western edge of the Eastern Railway to the point where the boundary line meets the New Canal; thence eastward along the southern and western bank of the New Canal to the point where it meets the outlet for storm water thence westward along the southern side of storm water outlet where it meets northern boundary of Chowbhaga and Paschim Chowbhaga; thence southward along the western, southern and northern boundary of Taschim Chowbhaga up to Rajdanga Road; thence along the eastern and southern edge of Rajdanga Road to the point where it meets Kasba Road; thence along the eastern edge of Kasba Road to the point where it meets Sarat Ghosh 393 The Calcutta Municipal (Amendment) Ordinance, 1979. [West Ben. Ord. (Section 7.) Garden Road; thence along the southern edge of Sarat Ghosh Garden Road to the point where it meets Kalipada Roy Lane; thence along the eastern edge of Kalipada Roy Lane to the point where it meets the south- western boundary of Haltoo Union Board; thence along the southern, western and northern boundary of Haltoo Union Board to the point where it meets Jheel Road; thence along the eastern edge of Jheel Road to the point where it meets Garfa Road; thence along the northern edge of Garfa Road and Jadavpore Station Road to the point where it meets Raja Subodh Chandra Mullick Road; thence southwards along the eastern edge of Raja Subodh Chandra Mullick Road up to the southern boundary of Mouza Jadavpore; thence along the western edge of Raja Subodh Mullick Road to the point where it meets Tolly's Nullah thence along the northern and eastern bank of Tolly's Nullah to the point where it meets Tollygunge Circular Road; thence westward along the southern edge of Tollygunge Circular Road to the point where it meets the southern boundary of the Port Commissioners' land acquired for the purpose of constructing King George's Dock and its connected works, and thence along the southern boundary of the Port Commissioners' land above referrd to, as it stands at the commencement of this Act up to the point where it meets Diamond Harbour Road; thence along the western boundary of Diamond Harbour Road to the point where it meets the southern boundary of the Port Commissioners' land above referred to; thence along the southern, western and northern boundary of the said land up to the point where it meets the Karl Marx Sarani at its junction with New Taratola Diversion Road; thence eastward along the northern edge of Circular Garden Reach Road to the point where it meets the Port Commissioners' land above referred to; thence northward along the western boundary of this land to the point where it meets Garden Reach Road; thence westward along the northern edge of Garden Reach Road to the point where it meets Prince Dilwarjan Lane; thence northward along the eastern edge of Prince Dilwarjan Lane and the western boundary of the Port Commissioners' land above referred to, to the point where it meets the River Hooghly; thence along the River Hooghly where it meets southern side road in continuation of Clyde Row, thence it meets eastern side of St. George's Gate Road, along the eastern boundary of St. George's Gate Road where it meets Kidderpore Road; thence along the western boundary of Kidderpore Road where it meets Casurina Avenue; thence along the western boundary of Casurina Avenue and Red Road where it meets to the southern point of Lawrence Road; thence along the southern side of Lawrence Road and Eden Garden Road and a line drawn in continuation of Eden Garden Road to the River Hooghly; thence along the River Hooghly to the western terminus to the outer edge of the Pramanick Ghat Road.". 394 The Calcutta Municipal (Amendment) Ordinance, 1979. VI of 1979.] (Section 8.) 8. For Schedule V to the principal Act, the following Schedule Substitution of new shall be substituted:— Schedule for Schedule V. "SCHEDULE V WARDS [See sections 8 and 172] Ward No. 1 On the North : Pramanick Ghat Road across Cossipore Road, Kashinath Dutta and across B.T.