West Bengal Central Valuation Board Act, 1978
No: 57 Dated: Feb, 05 1979
THE WEST BENGAL CENTRAL VALUATION BOARD ACT, 1978
West Bengal Act LVII of 1978
An Act to provide for a Central Valuation Board and Valuation Authorities for the purpose of valuation of lands and buildings in West Bengal.
Whereas it is expedient to establish a Central Valuation Board and Valuation Authorities for the purpose of valuation of lands and buildings in West Bengal;
It is hereby enacted as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Central Valuation Board Act, 1978.
(2) It extends to the whole of West Bengal.
(3) It shall come into force in such area and on such date as the State Government may, by notification, appoint and different dates may be appointed for different areas.
2. Definitions. - (1) In this Act, unless there is anything repugnant in the subject or context,-
(a) "Authority" means a Valuation Authority constituted under section 27;
(b) "Board" means the Central Valuation Board established under section 4;
(c) "Calcutta" means Calcutta as defined in the Calcutta Municipal Corporation Act, 1980;
(d) "Chandernagore" means Chandernagore as defined in the Chandernagore Municipal Corporation Act, 1990;
(e) "Commissioners of a municipality" includes a notified area authority;
(f) "Corporation" means the Calcutta Municipal Corporation, the Howrah Municipal Corporation, the Siliguri Municipal Corporation, the Asansol Municipal Corporation, or the Chandernagore Municipal Corporation;
(g) "Fund" means the Central Valuation Board Fund referred to in section 20;
(h) "Garden Reach area" has the same meaning as in the Garden Reach Municipality Act, 1932;
(i) "land or building" includes a holding;
(j) "municipality" means a municipality constituted under the Bengal Municipal Act, 1932 and includes a notified area constituted under tthat Act and also Garden Reach area;
(k) "notification" means a notification published in the Official Gazette;
(l) "prescribed" means prescribed by rules made under this Act;
(m) "regulations" means regulations made under section 29;
(2) Words and expressions used in this Act but not defined shall have the same meaning as in the Howrah Municipal Corporation Act, 1980 or the Calcutta Municipal Corporation Act, 1980 or the Siliguri Municipal Corporation Act, 1990 or the Asansol Municipal Corporation Act, 1990 or the Chandernagore Municipal Corporation Act, 1990 or the West Bengal Municipal Act, 1993.
3. Act to override other laws. - With effect from the date of notification referred to in sub-section (1) of section 9, the provisions of the Howrah Municipal Corporation Act, 1980 or the Calcutta Municipal Corporation Act, 1980 or the Siliguri Municipal Corporation Act, 1990 or the Asansol Municipal Corporation Act, 1990 or the Chandernagore Municipal Corporation Act, 1990 or the West Bengal Municipal Act, 1993 or any other law relating to any of the matters provided for in this Act shall be deemed, in respect of such area, to have been modified to the extent of the provisions made in this Act.
4. Establishment of the Board. - (1) The State Government may, by notification, establish, for the purposes of this Act, a Board to be called the Central Valuation Board.
(2) The Board shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and shall be competent to acquire, hold and dispose of any property, both movable and immovable, to enter into contracts and to do all things necessary for the purposes of this Act.
5. Members of the Board. - (1) The Board shall consist of a Chairman and four other members to be appointed by the State Government.
(2) The Chairman shall be a person who is or has been an officer of the State Government not below the rank of Secretary including ex officio Secretary
(3) Of the two other members—
(a) one shall be a person who is or has been a member of the judicial service for not less than seven years and has experience in municipal affairs, and
(b) the other shall be a person holding a degree in Civil Engineering and having knowledge and experience in the work of valuation and assessment for not less than seven years.
(4) The Chairman and the other members of the Board shall hold office for such period not exceeding four years as the State Government may determine and the terms and conditions of their service, including salaries and allowances shall be such as may be prescribed.
6. Officers and other staff:- (1) The Board shall have a Secretary who shall be its chief executive officer.
(2) The Secretary shall be appointed by the Board on such terms and conditions as the State Government may determine.
(3) The Board may appoint such other officers and employees as it may consider necessary for the efficient performance of its functions:
Provided that the Board shall not, without the previous approval of the State Government, appoint any officer in the scale of pay, the maximum of which exceeds one thousand rupees a month.
(4) The terms and conditions of service, including salaries and allowances, of the officers and employees appointed under subsection (3) shall be determined by regulations.