The Durgapur Municipal Corporation Act, 1994

Updated 2018

The Durgapur Municipal CorporationCorporation A legally established entity that can enter into contracts, own assets and incur debt, as well as sue and be sued—all separately from its owner(s). The term covers both for-profit and nonprofit corporations and includes nonstock corporations, incorporated membership organizations, incorporated cooperatives, incorporated trade associations, professional corporations and, under certain circumstances, limited liability companies. Act, 1994

West Bengal Act 53 of 1994

1st October, 1996

Assent of the President of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more was published in the Calcutta Gazette, Extraordinary, dated the 1st October, 1996.

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 jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. 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. – [* * *] Notwithstanding anything contained in any other law for the timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) 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.

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.

6. Interpretation oi references. – (1) For the purposes of this Act, in the Siliguri Municipal Corporation Act (hereinafter referred to as the said Act) and the rules apply to Durgapur under section 7,-

(a) any reference to the Corporation as established under the said Act, and the Mayor-in-Council, the Mayor, the Chairman, the Deputy Mayor, the Board of Councillors or any Councillor or member thereof shall be construed as a reference to the Corporation established under this Act, and the Mayor-in-Council, the Mayor, the Chairman, the Deputy Mayor, the Board of Councillors or the Councillor or the member thereof as the context may require;
(b) any reference to the Chief Executive Officer, the Chief Engineer, the Health Officer, the Finance Officer, the Assessor, the Collector of Taxes or the Secretary shall be construed as a reference to the Chief Executive Officer, the Chief Engineer, the Health Officer, the Finance Officer, the Assessor, the Collector of Taxes or the Secretary of the Corporation established under this Act;
(c) any reference to Siliguri shall be construed as a reference to Durgapur as the context may require;
(d) any reference to a constituency shall be construed as a reference to a constituency of the Corporation established under this Act.
(2) If any doubt arises as to the authority or officer to which any particular power, duty or function under the Siliguri Municipal Corporation Act or the rules as apply to Durgapur under section 7 appertains, the Mayor of the Corporation shall refer the matter to the State Government and the decision of the State Government on such reference shall be final and shall not be called in question in any Court.