Durgapur Municipal Corporation Act, 1994
No: 53 Dated: Oct, 01 1996
THE DURGAPUR MUNICIPAL CORPORATION ACT, 1994
West Bengal Act LIII of 1994
An Act to provide for better administration of the municipal affairs of Durgapur by the establishment of a Municipal Corporation.
Whereas it is expedient to provide for better administration of the municipal affairs of Durgapur by the establishment of a Municipal Corporation;
It is hereby enacted as follows :-
1. Short title, application and commencement. - (1) This Act may be called the Durgapur Municipal Corporation Act, 1994.
(2) It shall apply to Durgapur.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(1) "Corporation" means the Durgapur Municipal Corporation established under this Act;
(2) "Durgapur" means the area within the jurisdiction of the Durgapur Notified Area Authority (hereinafter referred to in this clause as the said area):
Provided that the State Government may, by notification, add to the said area any local area contiguous to the said area, and thereupon such local area shall stand included in the said area;
(3) "Durgapur Notified Area Authority" means the Durgapur Notified Area Authority as constituted under the Bengal Municipal Act, 1932;
(4) "notification" means a notification published in the Official Gazette;
(5) "the Siliguri Municipal Corporation Act" means the Siliguri Municipal Corporation Act, 1990, as applied to Durgapur under section 4.
3. The Corporation. - (1) With effect from such date as the State Government may, by notification, appoint, there shall be a Corporation charged with the municipal government of Durgapur, to be known as the Durgapur Municipal Corporation.
(2) The Corporation shall be a body corporate with perpetual succession and a common seal, and may by its name sue and be sued.
(3) Subject to the provisions of this Act, the Corporation shall be entitled to acquire, hold and dispose of any property.
(4) The properties, if any, along with all rights therein of whatsoever description used, enjoyed or possessed by the Durgapur Notified Area Authority immediately before the date of commencement of this Act shall, on and from such date, become vested in the Corporation.
(5) All rights, liabilities and obligations of the Durgapur Notified Area Authority in relation to any matter provided for in or under this Act shall, in so far as they were subsisting immediately before the date of commencement of this Act, be enforceable by or against the Corporation.
4. Application of West Bengal Act 30 of 1990 to Durgapur. - (1) Notwithstanding anything contained in any other law for the time being in force, the provisions of the Siliguri Municipal Corporation Act as in force immediately before the date of commencement of this Act shall, as from that date, mutatis mutandis apply to and come into force in Durgapur:
Provided that a law coming into force after the date of commencement of this Act repealing, amending, or adding to the provisions of the Siliguri Municipal Corporation Act shall apply to [, and shall be deemed to have come into force in, Durgapur.]
(2) A notification applying to and bringing into force in Durgapur any law under the proviso to sub-section (1) may be issued so as to be retrospective to any date not earlier than the date of coming into force of such law and may provide for such modifications or exceptions as the State Government thinks fit subject to which such law shall apply to and come into force in Durgapur.
5. Application of rules under West Bengal Act 30 of 1990. - All rules made by the State Government under the Siliguri Municipal Corporation Act, 1990 and in force immediately before the date of commencement of this Act shall, as from such date, mutatis mutandis apply to and come into force in Durgapur to the extent to which they are not repugnant to the provisions of this Act read with the Siliguri Municipal Corporation Act:
Provided that all rules made by the State Government under the Siliguri Municipal Corporation Act, 1990, after the date of commencement of this Act and in force shall, to the extent they are not repugnant to the provisions of this Act read with the Siliguri Municipal Corporation Act, mutatis mutandis apply to and come into force in Durgapur if so directed by the State Government by notification and not otherwise.