Howrah Improvement Act, 1956

No: 14 Dated: Jun, 09 1956

THE HOWRAH IMPROVEMENT ACT, 1956

West Bengal Act XIV of 1956

An Act to provide for the improvement of Howrah.

    Whereas it is expedient to make provision for the improvement and expansion of Howrah in the manner hereinafter appearing;

    And Whereas it is expedient that a Board of Trustees should be constituted and invested with special powers for carrying out the objects of this Act;

    It is hereby enacted as follows :-

CHAPTER I

Preliminary

1. Short title, commencement and extent. - (1) This Act may be called the Howrah Improvement Act, 1956.

(2) It shall come into force on such day as the State Government may, by notification, appoint.

(3) It extends to the whole of Howrah.

2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -

(a) "betterment fee" means the fee prescribed by section 80 in respect of an increase in value of land resulting from the execution of an improvement scheme;

(b) "the Board" means the Board of Trustees for the improvement of Howrah constituted under this Act;

(c) "building" includes a house, out-house, stable, privy, urinal, shed, hut, wall (other than a boundary wall not exceeding ten feet in height) and any other structure, whether of masonry, bricks, wood, mud, metal or any combination of these materials, or any other material whatsoever but does not include a tent or other portable shelter and does not also include any temporary shed erected on ceremonial or festive occasions;

(d) "building line" means a line (in rear of the street alignment) up to which the main wall of a building abutting on a projected public street may lawfully extend;

(e) "Chairman" means the Chairman of the Board;

(ee) "Chief Executive Officer" means the person appointed by the State Government to be the Chief Executive Officer of the Board;

(f) "Howrah" means the area within the jurisdiction of the district - of Howrah;

(ff) "Howrah Municipal Corporation" means the Howrah Municipal Corporation established under the Howrah Municipal Corporation Act, 1980;

(g) "improvement scheme" means a scheme falling under any of the categories mentioned in section 33 but does not include a projected public street or a projected public park referred to in section 63;

(h) "land" has the same meaning as in clause (a) of section 3 of the Land Acquisition Act, 1894;

(i) "municipal assessment-book" means the municipal assessment-book referred to in sub-section (1) of section 143 of the Calcutta Municipal Act, 1923, as extended to the Howrah Municipality and the assessment list prepared for the Bally Municipality under section 136 of the Bengal Municipal Act, 1932, as the case may be;

(ii) "Municipality" has the same meaning as in clause (38A) of section 2 of the West Bengal Municipal Act, 1993;

(j) "notification" means a notification published in the Official Gazette -,

(k) "Secretary to the Board" means the person for the time being appointed by the Board to discharge the functions of the Secretary to the Board;

(l) the "Tribunal" means the Tribunal constituted under section 71;

(m) "Trustee" means a Member of the Board; and

(n) the expressions "bustee", "drain", "public street" and "street alignment" have the same meaning as in clauses (4), (13), (44) and (52), respectively, of section 3 of the Bengal Municipal Act, 1932.

(o) "State Government" means the Government of West Bengal in the Department of Urban Development and Municipal Affairs.

CHAPTER II; The Board of Trustees

Constitution of the Board

3. Creation and incorporation of Board. - The duty of carrying out the provisions of this Act shall, subject to the conditions and limitations hereinafter contained, be vested in a Board, to be called, "The Trustees for the Improvement of Howrah"; and such Board shall be a body corporate and have perpetual succession and a common seal, and shall by the said name sue and be sued.