GOVERNMENT OF WEST BENGAL
No. 957-L. Date, 29th May, 2008.
The following Act of the West Bengal Legislature, having been assented to by the President of India, is hereby published for general information:-
West Bengal Act XXXIX of 2006
THE WEST BENGAL MUNICIPAL CORPORATION ACT, 2006.
An Act to consolidate and amend the laws relating to municipal corporations in West Bengal with a view to enabling such corporations to provide a belter and uniform municipal administration for the areas within their respective jurisdictions.
- Short title, extent and commencement.
Constitution of Corporation area
- Declaration of intention to constitute Corporation area.
- Publication of declaration.
- Consideration of objection.
- Constitution of Corporation area.
- Power to determine number of wards in a Corporation area.
- Power to abolish, or to niter the limits of. Corporation area.
- Municipal authorities.
- Constitution of Board of Councillors.
- Election to Corporation.
- Terms of office of Councillors.
- Disqualification for being a Councillor on change of political party.
- Leader of the Opposition.
- Oath of allegiance to be taken by Councillors.
- Election of Mayor and Chairman.
- Term of office of Mayor and Chairman.
- Constitution of Mayor-in-Council.
- Term of office of Deputy Mayor and other members of Mayor-in-Council.
- Municipal Accounts Committee.
- Borough Committee.
- Ward Committee.
- Constitution of Standing Committees.
- Functions of the Standing Committee.
- Education Committee.
- Poor Fund Committee.
- Remuneration and facilities of Mayor, Chairman, Deputy Mayor, members of Mayor-in-Council, Leader of the Opposition, Chairman of Borough Committee, the Councilor and members of Committee.
- Appointment of Special Committee.
A. Officers and other employees of Corporation
- Officers of Corporation.
- Code of Conduct for the elected functionaries.
- Salary and other conditions of service of Commissioner and other officers appointed by State Government.
- Establishment of Corporation.
- Compulsory retirement of officers and ether employees of Corporation.
- Terms and conditions of service of officers and other employees of Corporation.
B. Municipal Service Commission
- Constitution of Municipal Service Commission.
- Payment of salaries and allowances of Chairman and other members, and officers and other employees, of Municipal Service Commission.
- Selection of personnel.
C. Municipal Vigilance Authority
- Municipal Vigilance Authority.
D. Towers and functions of municipal authorities and officers of Corporation
- Powers and functions of Mayor-in-Council.
- Powers and functions of Mayor.
- Deputy Mayor to act as Mayor or Chairman or to discharge the functions of Mayor or Chairman during casual vacancy in the office of Mayor or Chairman or during the absence of Mayor or Chairman.
- Powers and functions of Commissioner.
- Powers and functions of Secretary.
46 Financial powers, of Board of Councillors. Mayor-in-Council and Commissioner.
- Delegation of powers and functions.
- Doubts as to powers or functions of municipal authorities.
Conduct of business
- Nomination of panel of Presiding Officers.
- First meeting of Corporation after general election.
- Notice of meeting.
- List of business.
- Presiding Officer of meeting of Corporation.
- Discussion on urgent public matters.
- Questions on matter relating to administration.
- Statement on matter relating to administration.
- Circulation of minutes of proceedings and inspection of minutes of proceedings.
- Power of State Government to dissolve Corporation.
- Consequences of dissolution.
Municipal Fund, Budget, Loans, Accounts and Audit
- Municipal Fund.
- Application of Municipal Fund.
- Expenditure on physical assets outside Corporation area.
- Operation of bank account.
- Approval of State Government in respect of work etc. estimated to cost more than rupee*. twenty-five lakhs.
- Payment not to be made out of Municipal Fund unless covered by budget grunt.
- Procedure when money, not covered by budget grant, is paid.
- Annual budget.
- Financial assistance by State Government.
- Power of Coqxvration to raise loan.
- Limit to power to raise loan.
- Power of Corporation to open credit account with bank.
- Repayment of loan.
- Form and effect of debenture.
- Sinking Fund.
- Investment of amount of Sinking Fund.
- Application of Sinking Fund.
- Statement of investment.
- Annual examination of Sinking Fund.
- Power of Corporation to borrow money from State Government.
- Attachment of Municipal Fund for securing any payment into Sinking Fund.
- Accounts to be kept by Finance Officer.
- Internal audit of accounts by Chief Auditor.
- Report by Chief Auditor.
- Rules of internal audit.
- Appointment of auditors.
- Report and information to be furnished by auditors.
- Mayor-in-Council to remove defects and to r-‘”ort to Corporation.
- Power of auditors to disallow, to surcharge, «. to charge.
- Reference of reports to Municipal Accounts Committee.
- Right of appeal to Civil Court or State Government.
- Payment of certified amount.
- Cost payable out of Municipal Fund.
- Effect of non-payment of certified amount.
- Power of State Government to make rules.
Powers and functions of Corporation
- Obligatory functions of Corporation.
- Discretionary functions of Corporation.
- Transfer of functions of State Government.
- Power to transfer any function of Corporation under the Act to any organization.
- Powers of the Corporation to enter into any business or venture.
A. Tax and fee
- Power to impose tax.
- Levy of fee on congregation.
- Levy of fee on tourist.
- Levy of special conservancy charge.
- Levy of administrative or special cleansing charges.
- Levy of fee. charge, etc.
B. Rating and valuation
- Property tax on land and building.
- Levy of surcharge.
- Exemption of diplomatic mission.
- Exemption of Central Government property.
- Exemption of holding exclusively used for public worship etc.
- Exemption of holding exclusively used for public charity or medical relief or education of the poor, free of charge.
- Exemption of holding used by educational institution.
- Exemption of properties of ex-serviceman.
- Power to reduce property tax in case of excessive hardship.
- Remission on account of vacant holding.
- Exemption of holding of low valuation.
- Determination of annual valuation.
- Determination of annual valuation of holding exempted from properly tax.
- Unit of assessment.
C. Valuation and assessment list
- Periodic assessment.
- Preparation of valuation and assessment list.
- Publication of assessment list.
- Application for review.
- Hearing of objection by Review Committee.
- Amendment or alteration of assessment list.
- Addition to assessment list.
- Intimation to Valuation Board regarding addition to, or alteration in, assessment list.
- Submission of return and inspection of holding for purpose of assessment.
- Transfer of title of land or building.
- Self-assessment and submission of return.
- Levy of surcharge on transfer of land.
- Incidence of property tax on land and building.
- Cases of annual value of land or building exceeding the amount of rent thereof.
- Recovery of sum due on account of property tax on land and building from occupier.
- Payment of property tax in quarterly instalment.
- Property tax in bustee.
- Person liable to pay surcharge to recover it from occupier.
- Default of payment of properly tax.
D. Profession, trade and calling
- Certificate of enlistment for profession, trade and calling.
E. Tax on advertisement
- Tax on advertisement.
- Licence for use of site for the purpose of advertisement.
- Prohibition of advertisement without payment of lax.
- Presumption in case of contravention.
- Power of Commissioner in case of contravention.
F. Tax on cart, carriage and animal
- Tax on cart, carriage and animal.
- Rale of tax.
- Tax on whom leviable.
- Power of Corporation to compound for tax.
- Power to make regulations providing for the manner of imposition etc. of tax.
- Levy of toll.
- Provision in regard to ferry.
A. Payment and recovery of tax
- Manner of recovery of tax under this Act.
- Time and manner of payment of tax.
- Presentation of bill.
- Notice of demand and notice fee.
- Penalty in case of default of payment of tax.
- Recovery of lax.
- Disposal of distrained property and attachment and sale of recoverable property.
- Recovery of tax from person about lo leave Corporation area.
- Recovery under Ben. Act III of 1913.
- Distraint not unlawful for want of form.
- Occupier to pay rent towards satisfaction of property tax.
- Recovery of tax from unauthorised occupier of land or building.
- Recovery of property tax on land and building or any other tax or charge when owner of land or premises is unknown or ownership is disputed.
- Tax not invalid for defect of form.
- Cancellation of irrecoverable dues.
B. Recovery of properly tax on lands and buildings by person primarily liable to pay such tax to Corporation
- Apportionment of property tax on lands and buildings by person primarily liable to pay such tax.
- Mode of recovery.
- Property tax on land and building to be first charge on premises.
Water-supply and drainage
B. Functions in relation to water-supply
- Duly of Corporation to supply water.
- Supply of unfiltered water.
- Water supply to huts or bustees.
- Water supply through hydrants, stand-posts or other conveniences.
- Supply of water for domestic purpose not to include supply of water for certain other purpose.
- Power to supply water for non-domestic purpose.
- Supply of water to ship.
- Supply of water to areas adjacent to Corporation area.
- Presumption as to supply of water.
- Presumption as to washing of vehicles.
C. Planning, construction, operation, maintenance, and management of waterworks
- Proprietary rights of Corporation over subsoil water resource.
- Power of Corporation relating to waterworks.
- Commissioner to manage waterworks.
- Power of access to waterworks.
- inspection of waterworks by person appointed by State Government.
- Purity of water for domestic purpose.
- Prohibition regarding sinking of lube-well.
- Direction by Commissioner to sink lube-well in some cases.
- Commissioner to maintain a register of tube-well sunk in Corporation area.
E. Water-supply mains and connection to premises
- Power to lay mains.
- Power to lay service mains etc.
- Provision for fire-hydrant.
- Power of Commissioner to allow connection of premises to service mains.
- Power of Commissioner to require separate supply-pipe.
- Water-pipe etc. not to be placed where water will be polluted.
- Supply-pipe to be kept in efficient repair.
- Taking charge of supply-pipes and water-fittings by Commissioner and vesting thereof in Corporation.
- Municipal Water-supply. Sewerage and Drainage Code.
F. Water meter
- Power of Corporation to establish block meter.
- Power of Commissioner to provide water meter.
- Presumption as to correctness of water meter.
- Prohibition of fraud on water meter.
- Payment for supply of water on the basis of readings shown by water meter.
- Exemption from payment of fee for supply of water.
G. General provisions regarding waler-supply and uses of waler supplied
- Presmises constructed or reconstructed after the commencement of this Act not to be occupied without arrangement for water-supply.
- Power to require water-supply to be taken.
- Power to close, or to restrict the use of water from, polluted sources of supply.
- Power to require filling up of well.
- Power of Corporation to require owner of premises to set up pump etc.
- Filtered water supplied for domestic purpose not to be used for non-domestic purpose.
- Use of unfiltercd water.
- Prohibition of waste or misuse of water.
- Power to enter premises to detect waste or misuse of water.
- Power to cut off or turn off supply of water to premises.
- Joint and several liability of owner and occupier for offence in relation to water-supply.
H. Drainage and sewerage
- Public drain and drain in, alongside, or under, public street to vest in Corporation.
- Drain etc. constructed, erected or set up in premises at charge of Municipal Fund, to vest in Corporation.
- Private street etc. not to be constructed over municipal drain without permission.
- Power of the Commissioner to levy fees for drainage and sewerage service.
I. Drainage of premises
- Right of owner or occupier of premises to empty his house-drain into municipal drain.
- Connection with municipal drain not to be made except in conformity with section 226.
- House-drain, closed cesspool, etc.
- Grouping or combination of house-drains and enforcement of drainage in undrained premises.
- Municipal drain may communicate with public drain etc.
- Certain matters not to be passed on to municipal drain.
- Placing or carrying any pipe etc., over, under or across any immovable property.
- Placing and maintenance of aqueduct etc., over, under or across any immovable property.
- Map of underground utilities.
J. Privies, urinals, and bathing and washing places
- Power of Corporation to provide and maintain public privies and urinals.
- Licence for public toilets and urinals.
- Conversion of service privies into sanitary toilets etc.
- Privy, urinal and other accommodation in premises for twenty or more labourers or workmen.
- Provisions for privy and urinal accommodation in premises intended for human habitation.
K. Cesspools and other filth receptacles
- Position of cesspools.
- House drains etc. to be subject to survey and control of Corporation.
- Power of Corporation to grant licence to plumbers.
- Prevention of mosquito breeding.
Streets and public places
- Vesting of public street in Corporation.
- Functions of Commissioner in respect of public street.
- Power of Corporation to make new public street etc.
- Power of Commissioner to remove or alter obstruction, encroachment or projection.
- Power of Commissioner to remove anything erected, deposited or hawked in contravention of the Act.
- Prohibition of tethering of animal and milking of cattle.
- Power to specify building line and street alignment.
- Power of Commissioner to authorise temporary construction on. or temporary closure of, part of public street.
- Rights of way for underground utilities.
- Closure of public street for parking purpose.
- Owner’s obligation to make street while disposing of any land.
- Private street to be public street.
- Prohibition of making new street Lighting
- Provision for lighting of public street, square, market and building.
Fire prevention and fire safety
- Arrangement for fire prevention and fire safety.
- Municipal Building Committee.
- Use of land for erection of new building.
- Application for sanction for erection or re-erection of building.
- Sanction or provisional sanction or refusal of sanction for erection of building.
- Validity and duration of permission for erection or construction of structure or building under West Ben. Act XXII of 1993 or West Ben. Act XLI of 1973.
- Commencement and completion of building vis-a-vis validity period of sanction.
- Order of demolition of building or stoppage of erection of building and appeal or execution of work.
- Prohibition on change of use of building.
- Power to order demolition of buildings, dangerous, ruinious or unfit for human habitation.
- Licensed Building Surveyor.
- Rules regulating use etc. of building.
- Power to regulate future construction of building in any particular street or locality.
- Power to prohibit change of authorised use of building.
- Licence to be obtained for use of premises for non-residential purpose.
- Power to prevent use of premises for specified purpose in particular area for reasons of environment.
- Approval of building site and sanction of plan for erection of building.
- Purpose of use of building and conditions of erection or re-erection of building.
- Sanction of building plan and permission to execute work.
- Sanction or permission to be deemed to have been granted in case of default in according sanction or permission.
- Notice to Commissioner before commencement of work.
- Grounds on which sanction may be refused.
- Period for completion of building or work.
- Completion certificate.
- Power to refuse sanction or to impose restrictions, etc. in case of building at comer of street.
- Power to prevent the use of inflammable materials for building, etc.
- Provisions of this chapter not to apply in certain cases of addition and alteration.
- Power of the Commissioner to cancel permission on the ground of metarial misrepresantation by applicant.
- Unauthorised construction.
- Power to slop excavation.
- Power to stop unauthorised construction.
- Power to require alteration of existing building.
- Maintenance of building.
- Premission for establishment of theatres, circuses, exhibitions and places of public amusement.
- Conditions for grant of permission.
- Power to fix lamps, brackets, etc. to the buildings.
- Construction of building in contravention of provisions of the Act or the rules made thereunder.
- Power to define and alter limits of bustee.
- Preparation of improvement scheme for bustee.
- Power to acquire the right of user in land or around bustee:
- Sanction of building plan for permanent construction etc. in a bustee.
- Collection, removal and disposal of soild waste.
- Procedure in the case of building deemed unfit for human habitation.
- Warehouse, godown, etc. not to be established without permission.
- Factory etc. not to be established etc. without permission of Commissioner.
- Eating-house etc. not to be kept without licence.
- Control of theatre, circus and place of public amusement.
- Power of Commissioner to stop use of premises when used without or otherwise than in conformity with terms of licence.
Market and slaughterhouse
- Power to provide and maintain municipal market, slaughterhouse and stockyard.
- Power of Commissioner to grant licence for private market etc.
- Licence for trade or business of butcher and sale of meat etc. outside municipal market or private market.
- Levy of stallage rent and fee.
- Depot for sale of essential commodities.
- Licence for hawking etc.
- Licence for sale of fish, poultry, etc.
- Power to seize food etc.
- Commercial projects of Corporation.
Food and drug
- Registration of manufactory.
- Prohibition of adulteration in place where butter, ghee. etc. are manufactured or stored.
- Place of manufacture, preparation, etc. for sale of any drug or food to be open to inspection.
- Licence for keeping shop or place for retail sale of drug.
- Corporation to take measures for prevention and checking of dangerous disease.
- Obligation to give information about dangerous disease.
Restraint of infection
- Power of Commissioner to inspect places and to take measures to prevent spread of dangerous disease.
- Power of Commissioner to disinfect building, tank, pool or well.
- Measures to prevent spread of dangerous disease.
Registration of births and deaths and disposal of the dead
- Registration -of births and deaths.
- Information about birth.
- Information about finding new-born child.
- Information about death.
- Medical practitioner to certify cause of death.
- Duties of police in regard to unclaimed corpse.
- Sextons etc. not to bury etc. corpse.
- Registration of places for disposal of the dead.
Preparation of Draft Development Plan
- Preparation of Draft Development Plan.
- Financial statement in regard to Draft Development Plan.
- Modification of Draft Development Plan.
- Annual Development Plan.
Corporation in hill areas
A. Special provisions
- Application of the Act to Corporation in hill areas.
- Extension of definitions of “drain” and “masonry building’.
- Absolute closing of public road.
- Power to close private road.
- Power to close temporarily public road or part of public road for repair or other purpose.
- Control over private road and bridge.
- Control over construction or alteration of private road.
- Reconstruction etc. of private road.
- Providing waterway on private road or enlargement of waterway on private road.
- Rules as to construction etc. of private road etc.
- Removal of obstruction on public road or private road or drain.
- Control over construction, or alteration, of private drain.
- Reconstruction, repair, etc. of private drain, roof-gutter, etc.
- Power to require owner of land or building to provide drain.
- Combination of drainage of land or building belonging to different owners.
D. Safety of hillside etc.
- Building etc. threatening stability or security of hillside or bank or immovable property thereon.
- Safety of building threatened by hillside or bank.
- Construction etc. of revetment etc. on. or turfing or sloping of, private land.
- Execution of work in combination.
- Construction, re-construction, etc. of revetment, retaining wall. etc. on private land.
- Rules of construction etc. of revetment etc.
E. Control over occupation of building
- Prohibition of occupation of unsafe or insanitary building.
- Power of Corporation to make regulations for hill areas.
Rules and regulations
- Power to make rules.
- Power of Corporation to make regulations.
- Penalty for breach of regulations.
- Power of State Government to cancel or to modify regulations.
- Power to amend Schedule.
Delegation, co-ordination and control
- Delegation of power by the State Government.
- Supervision by Director of Local Bodies.
- Power of State Government to call for document, return or information from Commissioner or any officer of Corporation.
- Inspection of works or institution constructed or maintained by Corporation, or register, book. etc. of Corporation, by officers of State Government.
- Power of State Government to annul proceedings etc. of Corporation or to prohibit passing of order etc. by Corporation.
- Directions by the State Government.
- Power of State Government to require Corporation to perform its duly in case of default.
- Special provision in case of prohibitory order of court.
- Co-ordination of planning and development.
- Meeting of citizens within the jurisdiction of Borough Committee.
- Members, and officers and other employees to be public servants.
- Power of State Government to direct officers and other employees of State Government to work under Corporation.
- Power of State Government to require Corporation to avail of services of Municipal Engineering Directorate etc.
- Corporation to participate in training and research programmes of Institute of Local Government and Urban Studies.
- Financial and technical help to Corporation by Hill Council in hill areas.
- Appointment of officer of State Government for Corporation to provide support service to Corporation.
- Savings as to certain suits and proceedings.
- Acquisition of property.
- Inventory of property.
- Disposal of property.
- Entry and inspection.
- Police-officers to assist the Corporation, Commissioner, etc.
- Removal of difficulty.
- Notice etc. to fix lime.
- Signature on notice etc. to be stamped.
- Notice etc. to be served or issued by officer or other employee of Corporation or by any person authorised by Commissioner.
- Service of notice etc.
- Cognizance of offences.
- Limitation of time for prosecution.
- Admissibility of document or entry as evidence.
- Councillors and Commissioner of Corporation to be public servants.
- Occupier to cany out work in place of owner.
- Prohibition of nuisance.
- Power of Commissioner to remove dangerous building etc.
- Heritage Conservation Committee.
- Cessation of application of West Ben. Act XL1 of 1973. West Ben. Act XXII of 1993, West Ben. Act XXX of 1990. West Ben. Act XXXI of 1990. West Ben. Act XXXII of 1990. and West Ben. Act LIII of 1994.
Schedule-I. Parts of plant or of combination of plant and machinery not to be excluded in determining the annual value of a holding comprising land and building.
Schedule-II. Professions, trades and callings.
Schedule-III. Rate of tax on advertisement.
Schedule-IV. Purposes for which premises may not be used without licence.