West Bengal Municipal Corporation Act, 2006
No: 39 Dated: May, 29 2008
THE WEST BENGAL MUNICIPAL CORPORATION ACT, 2006
West Bengal Act XXXIX of 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 better and uniform municipal administration for the areas within their respective jurisdictions.
Whereas it is expedient to consolidate and amend the laws relating to municipal corporations in West Bengal with a view to enabling such corporations to provide a better and uniform municipal administration for the areas within their respective jurisdictions:
It is hereby enacted in the Fifty-seventh Year of the 'Republic of India, by the Legislature of West Bengal, as follows:-
Part I
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Municipal Corporation Act, 2006.
(2) It extends to the whole of West Bengal, except Kolkata as defined in clause (9) of section 2 of the Kolkata Municipal Corporation Act, 1980, (West Ben. Act LVII of 1980) and Howrah as defined in the Howrah Municipal Corporation Act, 1980 (West Ben. Act of LIX 1980).
(3) It shall come into force on such date as the State Government may, by notification, appoint.
(4) Notwithstanding anything contained in sub-section (2), it shall not take effect in any cantonment or part of a cantonment without the consent of the Central Government previously obtained.
(5) Notwithstanding anything contained in sub-section (2), the provisions of this Act shall apply to the district of Darjeeling or any part thereof, subject to such exceptions and modifications as the State Government may, by notification direct:
Provided that nothing in this Act shall be construed to affect the powers of the Autonomous Hill Council for the hill areas specified under sub-section (1) of section 31 of the Darjeeling Gorkha Autonomous Hill Council Act, 1988 (West Ben. Act XIII of 1988).
2. Definitions. - In this Act, unless the context otherwise requires. -
(1) "adulterated" an article of food shall be deemed to be adulterated-
(a) if the article sold by a vendor is not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is nut of the nature, substance or quality which it purports oh is represented to be:
(b) if the article contains any other substance which affects, or if the article is so processed as to affect, injuriously the nature, substance or quality thereof:
(c) if any inferior or cheaper substance has been substituted wholly or in part for the article so as to affect injuriously the nature, substance or quality thereof:
(d) if any constituent of the article has been wholly or in pan abstracted so as to affect injuriously the nature, substance or quality thereof:
(e) if the article had been prepared, packed or kept under insanitary conditions whereby it has become contaminated or injurious to health:
(f) if the article consists wholly or in part of any filthy putrid, rotten, decomposed or diseased animal or vegetable substance or is insect-infested or is otherwise unfit for human consumption;
(g) if the article is obtained from a diseased animal;
(h) if the article contains any poisonous or other ingredient which renders it injurious to health;
(i) if the container of the article is composed, whether wholly or in part, of any poisonous or deleterious substance which renders its contents injurious to health;
(j) if any colouring matter other than that prescribed in respect thereof is present in the article, or if the amounts of the prescribed colouring matter which is present in the article are not within the prescribed limits of variability;
(k) if the article contains any prohibited preservative or permitted preservative in excess of the prescribed limits;
(l) if the quality or purity of the article falls below the prescribed standard of its constituents are present in quantities not within the prescribed limits of variability, which renders it injurious to health;
(m) if the quality or purity of the snide falls below the prescribed standard or its constituents arc present in quantities not within the prescribed limits of variability but which does not render it injurious to health:
Provided that, where the quality or purity of the article, being primary food, has fallen below the prescribed standards or its constituents are present in quantities not within the prescribed limits of variability, in either case, solely due to natural causes and beyond the control of human agency, then such article shall not be deemed to be adulterated within the meaning of this sub-clause.
Explanation. - Where two or more articles of primary food are mixed together and the resultant article of food-
(a) is stored, sold or distributed under a name which denotes the ingredients thereof:
(b) is not injurious to health,
then, such resultant article shall not be deemed to be adulterated within the meaning of this clause:
(2) "Annual Development Plan" means the Annual Development Plan prepared under section 336;
(3) "architect" means a person who is registered as an architect by the Council of Architecture under the Architects Act, 1972 (20 of 1972);
(4) "Assessment Book" means the Municipal Assessment Book, and includes any book subsidiary thereto:
(5) "Board of Councillors" means the Board of Councillors constituted under section 11;
(6) "budget-grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Corporation, and includes any sum by which such budget-grant may be increased or reduced by transfer from one or the other head in accordance with the provisions of this Act and the, regulations made thereunder;
(7) "building" means a structure constructed for whatsoever purpose or of whatsoever materials, and includes foundation, plinth, wall, floor, roof, chimney, fixed platform, verandah, balcony, cornice, projection or part of a building and anything affixed thereto, and any wall (other than boundary wall of less than two metres in height on the road side, having the solid portion not exceeding 1-5 metres in height) enclosing, or intended to enclose, any land, sign or outdoor display structure, but does not include a tent, shamiana or tarpauline shelter:
(8) "building line" means the line up to which the main wall of a building abutting on a street or a projected public street may lawfully extend;
(9) "bustee" means an area containing land, being not less than seven hundred square metres in area, occupied by, or for the purposes of, any collection of huts or other structures used or intended to be used for human habitation:
(10) "bye-law" means a bye-law made by the Corporation under this Act;
(11) "cantonment" has the same meaning as in section 3 of the Cantonments Act. 1924 (2 of 1924);
(12) "Cantonment Board" means a Cantonment Board constituted under the Cantonments Act, 1924;
(13) "cart" means any cart, hackney or wheeled vehicle with or without spring which is not a carriage. and includes a hand cart, a cycle van and a push van, but does not include any wheeled vehicle which is propelled by its traitor or mechanical power;
(14) "carriage" means any wheeled vehicle with springs or other appliances acting as springs, which is ordinarily used for the conveyance of human beings, and includes a jin-rickshaw, a cycle-rickshaw, a bicycle and tricycle, but does not include a perambulator or other form of vehicle designed for the conveyance of small children;
(15) "casual vacancy" means a vacancy, occurring otherwise than by efflux of time, in the office of a Councillor or in any other elective office;
(16) "Chairman" means the Chairman elected under section 17;
(17) "corporate sector" means a financial institution.
Explanation. - "Financial Institution" shall mean-
(a) a bank, other than a bank to which the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, (5 of 1970) apply.
(b) a financial institution which is not maintained or managed by the Central Government or the State Government.
(c) a private company, or a limited company (being a public company), as defined in the Companies Act, 1956, (1 of 1956) not being a public financial institution within the meaning of section 4A of that Act, or
(d) a co-operative society, by whatever name called, registered, or deemed to have been registered, under the West Bengal Co-Operative Societies Act, 1983; (West Ben. Act XLV of 1983).
(18) "Corporation" means a Municipal Corporation, by whatever name called, constituted under this Act;
(19) "Corporation area" means an area constituted as a Corporation area under section 6;
(20) "Councillor" , in relation to a Corporation means a person chosen by direct election from a ward of the Corporation;