West Bengal Municipal Act 1993

KEYWORDS:- MUNICIPALITY

EDITION 2018

West Bengal Municipal Act, 1993

West Bengal Act 22 of 1993

The following Act of the West Bengal Legislature, having been assented to by the President of India, is hereby published for general information :

Assent of the President of India was first published in the Calcutta Gazette. Extraordinary, of the 31st May. 1994.

An Act to consolidate and amend the law relating to urban municipal affairs in West Bengal. Whereas it is expedient to consolidate and amend the law relating to urban municipal affairs in West Bengal;

It is hereby enacted in the Forty-fourth 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
2 DEFINITIONS

PART II: THE MUNICIPAL AREAS

CHAPTER II: THE CONSTITUTION OF MUNICIPAL AREAS

3 DECLARATION OF INTENTION TO CONSTITUTE A MUNICIPAL AREA
4 PUBLICATION OF DECLARATION
5 CONSIDERATION OF OBJECTION
6 CONSTITUTION OF MUNICIPAL AREA
7 POWER TO CLASSIFY MUNICIPAL AREAS
8 POWER TO DETERMINE THE NUMBER OF WARDS IN MUNICIPAL AREAS
9 POWER TO ABOLISH OR ALTER LIMITS OF A MUNICIPAL AREA
10 POWER TO INCLUDE CERTAIN DWELLING HOUSE, MANUFACTORY, ETC. WITHIN A PARTICULAR MUNICIPAL AREA

11 POWER TO EXEMPT MUNICIPAL AREA FROM OPERATION OF ANY PROVISIONS OF THE ACT UNSUITED THERETO

CHAPTER III: THE MUNICIPAL AUTHORITIES.

12 MUNICIPAL AUTHORITIES
13 THE MUNICIPALITY
14 CONSTITUTION OF BOARD OF COUNCILLORS
15 CHAIRMAN-IN-COUNCIL
16 POWERS AND FUNCTIONS OF THE CHAIRMAN
17 ELECTION OF CHAIRMAN
18 TERMS OF OFFICE OF CHAIRMAN
19 VICE-CHAIRMAN
19A MAKING OVER OF CHARGE BY THE CHAIRMAN
20 MEMBERS OF CHAIRMAN-IN-COUNCIL
20A DELEGATION OF POWERS AND FUNCTIONS
21 TERM OF OFFICE OF VICE-CHAIRMAN AND OTHER MEMBERS OF CHAIRMAN-IN-COUNCIL
21A TERMS OF OFFICE OF COUNCILLOR
22 BOROUGH COMMITTEE
23 WARD COMMITTEE
23A CONSTITUTION OF STANDING COMMITTEE
23B POWERS, FUNCTIONS, AND DUTIES OF STANDING COMMITTEE
23C HERITAGE CONSERVATION COMMITTEE
24 FORMATION OF SPECIAL COMMITTEE
25 CONSTITUTION OF JOINT COMMITTEE

CHAPTER 4 : ELECTION OF COUNCILLORS

26 HOLDING OF GENERAL ELECTION
27 OMITTED
28 ELECTIONS TO THE MUNICIPALITIES
29-49 OMITTED .

CHAPTER 5: THE MUNICIPALITY AND THE MUNICIPAL ESTABLISHMENT

50 OATH OF ALLEGIANCE TO BE TAKEN BY COUNCILLORS
50A OATH OF SECRECY TO BE TAKEN BY CHAIRMAN, VICE-CHAIRMAN AND MEMBERS OF CHAIRMAN-IN- COUNCIL
50B FIRST MEETING OF THE BOARD OF COUNCILLORS
51 MEETING OF THE BOARD OF COUNCILLORS
52 REMUNERATION AND ALLOWANCES
53 MUNICIPAL ESTABLISHMENTS
54 CADRE OF COMMON MUNICIPAL SERVICE, APPOINTMENTS, ETC
55 MUNICIPAL SERVICE COMMISSION
55A MUNICIPAL VIGILANCE AUTHORITY
56 SALARIES AND ALLOWANCES OF OFFICERS AND EMPLOYEES
57 LEAVE AND OTHER CONDITIONS OF SERVICE
58 COMPULSORY RETIREMENT OF MUNICIPAL OFFICERS AND OTHER EMPLOYEES
59 POWER TO DECLARE ESSENTIAL SERVICE IN MUNICIPALITIES
60 APPOINTMENT OF OFFICERS OF STATE GOVERNMENT FOR MUNICIPALITIES
60A POWERS AND FUNCTIONS OF EXECUTIVE OFFICER AND FINANCE OFFICER
61 CLASSIFICATION, CONTROL AND APPEAL
62 APPOINTMENT OF A PAY REVIEW COMMITTEE

CHAPTER 6 : POWERS AND FUNCTIONS

63 OBLIGATORY FUNCTIONS
64 DISCRETIONARY FUNCTIONS OF THE MUNICIPALITY
65 TRANSFER OF FUNCTIONS OF STATE GOVERNMENT
66 POWER TO TRANSFER ANY FUNCTION OF MUNICIPALITY UNDER THE ACT TO ANY ORGANISATION
66A POWERS OF THE MUNICIPALITY TO ENTER INTO ANY BUSINESS OR VENTURE

PART III : FINANCE

CHAPTER 7 : MUNICIPAL FUND

67 MUNICIPAL FUND
68 CUSTODY OF MUNICIPAL FUND
69 APPLICATION OF MUNICIPAL FUND
70 EXCLUSIVE USE OF FUND FOR A PARTICULAR PURPOSE
71 FINANCIAL ASSISTANCE FROM THE STATE GOVERNMENT
72 LOANS
73 POWER TO INCUR EXPENDITURE BEYOND THE LIMITS OF A MUNICIPALITY
73A APPROVAL OF STATE GOVERNMENT IN RESPECT OF WORK ETC. ESTIMATED TO COST MORE THAN RUPEES FIVE LAKH
CHAPTER VIII : MUNICIPAL PROPERTY
74 POWER TO ACQUIRE AND HOLD PROPERTY
75 VESTING OF PROPERTY
76 ACQUISITION OF PROPERTY BY A MUNICIPALITY BY AGREEMENT, EXCHANGE, LEASE, GRANT, ETC
77 COMPULSORY ACQUISITION OF LAND
78 OMITTED
79 SPECIAL PROVISIONS FOR ACQUISITION OF LANDS ADJOINING STREETS
80 DISPOSAL OF PROPERTY
81 INVENTORY OF PROPERTIES OF THE MUNICIPALITY
CHAPTER IX : BUDGET, ACCOUNTS AND AUDIT
82 ANNUAL BUDGET ESTIMATES OF A MUNICIPALITY
83 POWER TO ALTER BUDGET GRANTS
84 ANNUAL FINANCIAL STATEMENT
85 BALANCE-SHEET
86 APPOINTMENT AND POWER OF THE AUDITOR
87 AUDIT REPORT
88 CHAIRMAN-IN-COUNCIL TO REMEDY THE DEFECTS UPON AUDIT REPORT
89 POWER OF THE STATE GOVERNMENT TO ENFORCE AN ORDER UPON AUDIT REPORT
90 SPECIAL AUDIT
91 INTERNAL AUDIT
92 MUNICIPAL ACCOUNTS COMMITTEE

PART IV : MUNICIPAL TAXATION AND APPLICATION FEE

CHAPTER 10 : TAXES AND FEES

93 POWER TO IMPOSE TAXES
94 LEVY ON CONGREGATIONS
94A LEVY ON TOURIST
95 LEVY OF FEES, CHARGES, ETC
95A LEVY OF TOLL ON HEAVY TRUCK AND BUS
95B LEVY OF SPECIAL CONSERVANCY CHARGE
96 PROPERTY TAX ON LANDS AND BUILDINGS
97 LEVY OF SURCHARGE
98 REBATE FOR RESIDENTIAL BUILDING
99 EXEMPTION OF DIPLOMATIC MISSIONS
100 EXEMPTION OF CENTRAL GOVERNMENT PROPERTIES
100A EXEMPTION OF PROPERTIES OF EX-SERVICEMEN
101 EXEMPTION OF HOLDINGS EXCLUSIVELY USED FOR PUBLIC WORSHIP ETC
102 EXEMPTION OF HOLDINGS EXCLUSIVELY USED FOR PUBLIC CHARITY OR MEDICAL RELIEF, OR EDUCATION OF THE POOR, FREE OF CHARGE
103 POWER TO REDUCE RATES IN CASE OF EXCESSIVE HARDSHIP
104 REMISSION ON ACCOUNT OF VACANT BUILDING
105 EXEMPTION OF CERTAIN HOLDINGS FROM PROPERTY TAX
106 DETERMINATION OF ANNUAL VALUATION
107 DETERMINATION OF ANNUAL VALUATION OF HOLDINGS EX EMPTED FROM PROPERTY TAX
108 UNIT OF ASSESSMENT
109 PERIODIC ASSESSMENT
110 PREPARATION OF VALUATION AND ASSESSMENT LIST
111 PUBLICATION OF ASSESSMENT LIST AND DETERMINATION OF OBJECTIONS
112 HEARING AND DETERMINATION OF APPLICATION BY REVIEW COMMITTEE
113 AMENDMENT AND ALTERATION OF ASSESSMENT LIST
114 ADDITION TO THE ASSESSMENT LIST
115 SUBMISSION OF RETURNS AND INSPECTION OF HOLDINGS FOR THE PURPOSE OF ASSESSMENT
115A SELF-ASSESSMENT AND SUBMISSION OF RETURN
116 NOTICE OF TRANSFER
117 LEVY OF SURCHARGE ON TRANSFER OF LANDS

CHAPTER 11 : APPLICATION FEE AND OTHER TAXES

118 CERTIFICATE OF ENLISTMENT FOR PROFESSION, TRADE AND CALLING
119 GRANT OF CERTIFICATE OF ENLISTMENT
120 CERTIFICATE OF ENLISTMENT TO BE OBTAINED WITHIN SIX MONTHS OF COMING INTO FORCE OF THE ACT
121 PROHIBITION OF ADVERTISEMENT WITHOUT WRITTEN PERMISSION OF CHAIRMAN
122 LICENCE FOR USE OF SITE FOR THE PURPOSE OF ADVERTISEMENT
123 TAX ON ADVERTISEMENTS
124 PRESUMPTION IN CASE OF CONTRAVENTION
125 POWER OF CHAIRMAN IN CASE OF CONTRAVENTION
126 FINE FOR NOT PAYING TAX ON ADVERTISEMENTS
127 REGISTRATION AND NUMBERING OF CARTS AND CARRIAGES
128 TAX FOR REGISTRATION
129 CARTS OR CARRIAGES NOT TO BE KEPT WITHOUT BEING REGISTERED AND WITHOUT NUMBER
130 SEIZURE AND SALE OF UNREGISTERED CARTS OR CARRIAGES
131 INCIDENTAL PROVISIONS RELATING TO CARTS AND CARRIAGES
132 FERRIES MAY BE DECLARED AS MUNICIPAL FERRIES
133 DUTIES OF CHAIRMAN-IN-COUNCIL IN REGARD TO MUNICIPAL FERRIES
134 RATE OF TOLLS TO BE ESTABLISHED AND PUBLISHED
135 KEEPING OF UNAUTHORISED FERRY-BOAT
136 WHEN PERSONS CROSSING RIVER NOT LIABLE TO TOLI
137 CANCELLATION OF FERRY LEASE ETC
138 FERRIES CONCERNING MORE THAN ONE MUNICIPALITY ETC
139 POWER OF BOARD OF COUNCILLORS TO ESTABLISH TOLL-BARS
140 EXISTING TOLL-BARS
141 PROHIBITION OF TAKING UNAUTHORISED TOLLS
142 SEIZURE AND SALE CONSEQUENT ON NON-PAYMENT OF TOLL
143 PROHIBITION AS TO THE REFUSAL TO PAY, OR THE AVOIDANCE OF PAYMENT OF, TOLL
144 EXEMPTIONS
145 BOARD OF COUNCILLORS TO COLLECT TOLLS IN A NAVIGABLE CHANNEL
146 POLICE-OFFICERS TO ASSIST

CHAPTER XII : RECOVERY OF TAXES

147 MANNER OF RECOVERY OF TAXES UNDER THE ACT
148 INCIDENCE OF PROPERTY TAX
149 PRESENTATION OF BILL
150 AMOUNT OF TAX PAYABLE, AND TAX TO BE PAID IN ADVANCE
151 NOTICE OF DEMAND AND NOTICE FEE
152 RECOVERY OF TAX
153 DISTRESS
154 DISPOSAL OF DISTRAINED PROPERTY
155 ATTACHMENT AND SALE OF IMMOVABLE PROPERTY
156 FEE FOR DISTRAINT AND ATTACHMENT
157 RECOVERY FROM A PERSON ABOUT TO LEAVE JURISDICTION OF MUNICIPALITY
158 SALE OF MOVABLE PROPERTY SITUATE BEYOND LIMITS OF MUNICIPAL AREA
159 RECOVERY UNDER BEN. ACT III OF 1913
160 DISTRAINT NOT UNLAWFUL FOR WANT OF FORM
161 OCCUPIERS TO PAY RENT TOWARDS SATISFACTION OF PROPERTY TAX
162 RECOVERY OF TAX FROM UNAUTHORISED OCCUPIER OF LAND OR BUILDING
163 RECOVERY OF PROPERTY TAX ON LAND OR BUILDING OR ANY OTHER TAX OR CHARGE IN THE CASE OF UNKNOWN OWNER OF LAND OR PREMISES OR DISPUTED OWNERSHIP
164 TAXES NOT INVALID FOR DEFECT OF FORM
165 WRITING OFF IRRECOVERABLE DUES

PART V : REGULATORY JURISDICTION

CHAPTER 13 : STREETS AND PUBLIC PLACES

166 POWER TO CLASSIFY PUBLIC AND PRIVATE STREET
167 VESTING OF PUBLIC STREETS, PARKING TERMINALS, SQUARES, PARKS AND GARDENS IN THE MUNICIPALITY
168 POWER TO THE MUNICIPALITY IN RESPECT OF CONTROL OF PUBLIC STREETS, ETC
169 RIGHTS OF WAY FOR UNDERGROUND UTILITIES
170 POWER TO MAINTAIN MAPS OF UNDERGROUND UTILITIES
171 POWER TO ACQUIRE LANDS AND BUILDINGS FOR PUBLIC STREETS, PUBLIC PARKING PLACES AND TRANSPORTATION TERMINALS
172 POWER TO PRESCRIBE BUILDING LINE AND STREET ALIGNMENT
173 RESTRICTIONS ON ERECTION OF, OR ADDITION TO, BUILDINGS OR WALLS WITHIN STREET ALIGNMENT OR BUILDING-LINE
174 POWER TO TAKE POSSESSION OF, AND ADD TO STREET, LAND SITUATED WITHIN STREET ALIGNMENT OR COVERED BY PROJECTING BUILDINGS
175 POWER OF SETTING BACK BUILDING TO REGULAR LINE OF STREET
176 POWER OF COMPULSORY SETTING BACK OF BUILDING TO REGULAR LINE OF STREET
177 SETTING FORWARD OF BUILDING TO REGULAR LINE OF STREET
178 PAYMENT OF COMPENSATION
179 PROJECTED PUBLIC STREETS
180 POWER TO PROHIBIT USE OF PUBLIC STREETS FOR CERTAIN KIND OF TRAFFIC
181 TEMPORARY CLOSURE OF PUBLIC STREET
182 CLOSURE OF PUBLIC STREET FOR PARKING PURPOSES
183 SANCTION OF BOARD OF COUNCILLORS TO PROJECTION OVER STREETS AND DRAINS
184 REMOVAL OF ENCROACHMENTS OVER PUBLIC STREETS, ETC
185 PENALTY FOR ENCROACHMENT OF STREET OR OPEN SPACE
186 PROHIBITION OF CAUSING DAMAGE TO STREET OR STREET FURNITURE
187 BOARD OF COUNCILLORS MAY REQUIRE OWNERS OF LAND TO REPAIR DAMAGE TO STREETS, ETC
188 NAMING AND NUMBERING OF STREETS AND NUMBERING OF PREMISES
189 POWER TO REQUIRE OWNER TO UPGRADE PRIVATE STREET
190 POWER OF ACCESS OVER PRIVATE STREET
191 POWER TO TAKE OVER PRIVATE STREETS
192 NEW PRIVATE STREET
193 LAYOUT PLANS
194 LIGHTING OF STREETS AND PUBLIC PLACES AND MEASURES FOR LIGHTING
195 POWER TO TAKE MEASURES FOR GENERATION OF ELECTRICITY
196 POWER TO PROHIBIT REMOVAL ETC. OF LAMPS

CHAPTER 14 : BUILDING

197 DEFINITIONS
198 POWER OF STATE GOVERNMENT TO MAKE BUILDING RULES AND TO CLASSIFY MUNICIPAL AREAS FOR THE PURPOSE OF APPLICATION OF BUILDING RULES
199 POWER TO REGULATE FUTURE CONSTRUCTION OF BUILDING IN PARTICULAR STREETS OR LOCALITIES
200 POWER TO PROHIBIT CHANGE OF AUTHORISED USE OF BUILDING
201 LICENCE TO BE OBTAINED FOR USE OF PREMISES FOR NON- RESIDENTIAL PURPOSES
202 POWER TO PREVENT USE OF PREMISES FOR SPECIFIED PURPOSE IN PARTICULAR AREA FOR ENVIRONMENTAL REASONS
203 APPROVAL OF BUILDING-SITES AND SANCTION OF PLAN FOR ERECTION OF BUILDINGS
204 PROHIBITION OF BUILDING WITHOUT SANCTION
204A CONSTRUCTION OF BUILDING IN CONTRAVENTION OF PROVISIONS OF THE ACT OR THE RULES MADE THEREUNDER
205 APPLICATION WITH BUILDING PLAN TO ERECT OR RE-ERECT BUILDING
206 PURPOSE FOR WHICH BUILDING TO BE USED AND CONDITIONS OF VALIDITY OF NOTICE
207 SANCTION OF BUILDING PLAN AND PERMISSION TO EXECUTE WORK
208 SANCTION TO BE DEEMED TO HAVE BEEN GRANTED IF THE BOARD OF COUNCILLORS DEFAULTS IN ACCORDING SANCTION
208A VALIDITY AND DURATION OF PERMISSION FOR ERECTION OR CONSTRUCTION OF STRUCTURE OR BUILDING UNDER WEST BEN. ACT XLI OF 1973
209 NOTICE TO BOARD OF COUNCILLORS BEFORE COMMENCEMENT OF WORK
210 GROUNDS ON WHICH SANCTION MAY BE REFUSED
211 PERIOD FOR COMPLETION OF BUILDING WORK
212 COMPLETION CERTIFICATE
213 POWER IN CASES OF BUILDINGS AT CORNERS OF STREETS
214 POWER TO PREVENT THE USE OF INFLAMMABLE MATERIALS FOR BUILDING, ETC
215 INSPECTION OF BUILDING OR WORK REQUIRING SANCTION
216 PROVISIONS OF THIS CHAPTER NOT TO APPLY IN CERTAIN CASES OF ADDITIONS AND ALTERATIONS
217 POWER TO BOARD OF COUNCILLORS TO CANCEL PERMISSION ON THE GROUND OF MATERIAL MISREPRESENTATION BY APPLICANT
218 ORDER FOR DEMOLITION OR ALTERATION OF BUILDINGS IN CERTAIN CASES
219 POWER TO STOP EXCAVATION
220 POWER OF CHAIRMAN TO STOP UNAUTHORISED CONSTRUCTION
221 POWER TO REQUIRE ALTERATION OF EXISTING BUILDINGS
222 MAINTENANCE OF BUILDINGS
223 POWER TO ORDER DEMOLITION OF BUILDINGS, DANGEROUS, RUINOUS OR UNFIT FOR HUMAN HABITATION
224 POWER TO FIX LAMPS, BRACKETS, ETC. TO BUILDINGS
225 POWERS TO MAKE REGULATIONS REGARDING BUILDINGS

CHAPTER XIVA : PRESERVATION AND CONSERVATION OF HERITAGE BUILDINGS

225A-225Q OMITTED

PART VI : CIVIC SERVICES

CHAPTER XV : WATER-SUPPLY

226 THE MUNICIPALITY TO PROVIDE WATER-SUPPLY
227 PUBLIC TANKS, SUB-SOIL WATER, ETC., TO VEST IN THE MUNICIPALITY
228 CONSTRUCTION OF WATER-WORKS
229 POWER TO LAY OR CARRY PIPES THROUGH PUBLIC OR PRIVATE LAND
230 CONTROL OF CONSTRUCTIONS ON LAND THROUGH WHICH WATER- MAIN ETC. PASSES
231 POWER TO PERMIT CONNECTION TO HOUSES AND LANDS
232 POWER TO REQUIRE WATER SUPPLY TO BE TAKEN
233 WATER SUPPLY THROUGH HYDRANTS, STAND-POSTS AND OTHER CONVENIENCES
234 VESTING OF PRIVATE CONNECTIONS TO PREMISES IN THE MUNICIPALITY
235 OWNER TO BEAR EXPENSES OF REPAIRS OF WORKS CONNECTED WITH THE SUPPLY OF WATER
236 PERMISSION TO PERSON OUTSIDE THE MUNICIPAL AREA TO TAKE WATER
237 POWER TO STATE GOVERNMENT TO TAKE CONTROL OVER IMPERFECT, INEFFICIENT OR UNSUITABLE WATER-WORKS ETC
238 WATER NOT TO BE WASTED
239 POWER TO CUT OFF OR TO TURN OFF SUPPLY OF WATER TO PREMISES
240 DIGGING OF WELLS ETC. WITHOUT PERMISSION PROHIBITED
241 POWER TO SET APART WELLS, TANKS, ETC. FOR DRINKING, CULINARY, BATHING AND WASHING PURPOSES
242 ANALYSIS OF WATER FOR DRINKING OR CULINARY PURPOSES
243 POWER TO MAKE RULES
244 POWER TO MAKE REGULATIONS

CHAPTER 16 : DRAINAGE AND SEWERAGE

245 THE MUNICIPALITY TO PROVIDE DRAINAGE, SEWERAGE, ETC
246 PUBLIC DRAINS, TRUNK-SEWERS ETC. TO VEST IN THE MUNICIPALITY
247 CONTROL OF BOARD OF COUNCILLORS OVER DRAINAGE
248 CLEANING OF DRAINS
249 PROVISION FOR TREATMENT AND DISPOSAL OF SEWAGE
250 CONSTRUCTION OR MAINTENANCE OF DRAINAGE AND SEWER AGE SYSTEMS ETC
251 POWER OF BOARD OF COUNCILLORS TO LAY OR CARRY PIPES THROUGH PRIVATE AND PUBLIC LAND
252 USE OF PUBLIC DRAINS BY PRIVATE OWNERS
253 POWER TO ORDER DEMOLITION OF DRAIN CONSTRUCTED WITHOUT CONSENT
254 DRAINING OF GROUP OR BLOCK OF BUILDINGS ETC. BY COMBINED OPERATION
255 POWER TO ENFORCE DRAINAGE OF UNDRAINED PREMISES AND SEPARATE DRAINAGE IN ANY PREMISES
256 POWER OF STATE GOVERNMENT TO EXERCISE CONTROL OVER IMPERFECT, INEFFICIENT OR UNSUITABLE DRAINAGE WORK
257 ENCROACHMENT ON MUNICIPAL DRAINS
258 POWER TO MAKE RULES
259 POWER TO BOARD OF COUNCILLORS TO MAKE REGULATIONS

CHAPTER 17 : SOLID WASTES FUNCTIONS IN RELATION TO SOLID WASTES

260 COLLECTION, REMOVAL AND DISPOSAL OF SOLID WASTES
261 PROVISION FOR RECEPTACLES, DEPOTS AND PLACES FOR TEMPORARY DEPOSIT
262 DUTIES OF OWNERS AND OCCUPIERS TO COLLECT AND DEPOSIT RUBBISH, ETC
263 THE MUNICIPALITY TO PROVIDE FOR CLEANSING OF STREETS AND REMOVAL OF SOLID WASTES
264 SOLID WASTES TO BE MUNICIPAL PROPERTY
265 PROVISION OF VEHICLES OR OTHER SUITABLE MEANS FOR REMOVAL OF SOLID WASTES
266 REMOVAL OF SOLID WASTES ACCUMULATED ON NON-RESIDENTIAL PREMISES
267 APPOINTMENT OF PLACES FOR DISPOSAL AND FINAL DISPOSAL OF SOLID WASTES
268 PROVISION FOR PROCESSING AND DISPOSAL OF SOLID WASTES
269 SPECIAL SANITARY ARRANGEMENTS AT CERTAIN PLACES
270 PROHIBITION AGAINST DEPOSIT OF SOLID WASTES
271 PRESUMPTION AS TO OFFENDER
272 DEPOSITING OR THROWING ANY SOLID WASTE IN CONTRAVENTION OF THE PROVISIONS OF THIS ACT
273 POWER OF THE MUNICIPALITY TO GET CERTAIN PLACES SCAVENGED AND CLEANSED

CHAPTER XVIII : MARKETS AND SLAUGHTER HOUSES

274 PROVISION OF MUNICIPAL MARKETS AND SLAUGHTER HOUSES
275 USE OF MUNICIPAL MARKETS
276 LEVY OF STALLAGE, RENT AND FEE
277 PREMIUM, STALLAGE, RENT, ETC., TO BE PUBLISHED
278 PRIVATE MARKETS AND SLAUGHTER HOUSES
279 POWER TO EXPEL PERSON CONTRAVENING REGULATIONS
280 PROHIBITION OF BUSINESS AND TRADE NEAR A MARKET
281 MUNICIPAL LICENCE SPECIALLY FOR SALE OF FLESH, FISH OR POULTRY
282 MUNICIPAL LICENCE FOR HAWKING ARTICLES, ETC
283 POWER TO INSPECT PLACES WHERE UNLAWFUL SLAUGHTER OF ANIMALS, ETC. IS SUSPECTED
284 POWER TO SEIZE FOOD OR DRUG, ETC
285 COMMERCIAL PROJECTS ETC. OF A MUNICIPALITY

CHAPTER XVIIIA : FIRE PREVENTION AND FIRE SAFETY

285A ARRANGEMENT FOR FIRE PREVENTION AND FIRE SAFETY

PART VII : URBAN AND REGIONAL PLANNING AND DEVELOPMENT

CHAPTER XIX: URBAN RENEWAL AND REGIONAL DEVELOPMENT

286 POWER OF BOARD OF COUNCILLORS TO DEFINE AND ALTER LIMIT OF BUSTEE OR SLUM
287 POWER TO PREPARE IMPROVEMENT SCHEMES
288 NOTICE FOR PARTICIPATION OF OWNERS AND OCCUPIERS
289 MANAGEMENT OF AREAS OF COMMON USES AND FACILITIES
290 LAY-OUT PLAN FOR SANCTION OF ERECTION OF HUT OR STRUCTURE IN A BUSTEE
291 REMOVAL OF CONGESTED BUILDINGS
292 POWER TO REQUIRE IMPROVEMENT OF BUILDINGS UNFIT FOR HUMAN HABITATION
293 AREA DEVELOPMENT
294 MATTERS TO BE PROVIDED IN AN AREA DEVELOPMENT PROJECT
295 EXECUTION OF AN AREA DEVELOPMENT PROJECT
296 POWER TO ACQUIRE LAND OR BUILDING FOR ORDERLY GROWTH
297 PREPARATION OF DRAFT DEVELOPMENT PLAN
298 FINANCIAL STATEMENT IN REGARD TO DRAFT DEVELOPMENT PLAN
299 MODIFICATION OF DRAFT DEVELOPMENT PLAN
300 ANNUAL DEVELOPMENT PLAN
301 BOARD OF COUNCILLORS IN CHARGE OF URBAN DEVELOPMENT REGION
302 POWER TO MAKE RULES

CHAPTER 20 : MUNICIPALITIES IN HILL AREAS

303 APPLICATION OF THE ACT TO MUNICIPALITIES IN HILL AREAS
304 EXTENSION OF DEFINITIONS OF “DRAIN” AND “MASONRY BUILDING”
305 DEFINITIONS
306 ABSOLUTE CLOSING OF PUBLIC ROADS
307 POWER TO CLOSE PRIVATE ROAD
308 POWER TO CLOSE TEMPORARILY A ROAD OR PART OF A ROAD FOR REPAIRS OR OTHER PUBLIC PURPOSE
309 CONTROL OVER PRIVATE ROADS AND BRIDGES
310 CONTROL OVER CONSTRUCTION OR ALTERATION OF PRIVATE ROADS
311 RECONSTRUCTION ETC. OF PRIVATE ROAD
312 PROVISION FOR ENLARGEMENT OF WATERWAY ON PRIVATE ROAD
313 RULES AS TO CONSTRUCTION ETC. OF PRIVATE ROAD ETC
314 REMOVAL OF MATERIALS FALLING UPON OR INTO ROAD OR DRAINS
315 CONTROL OVER CONSTRUCTION OR ALTERATION OF PRIVATE DRAINS
316 RECONSTRUCTION, REPAIR, ETC. OF PRIVATE DRAINS, GUTTERS, ETC
317 POWER TO REQUIRE PROVISION OF PRIVATE DRAIN
318 PRIVATE DRAINAGE IN COMBINATION
319 POWER WHERE BUILDINGS ETC. THREATEN THE STABILITY OF OTHER IMMOVABLE PROPERTY
320 POWER WHERE HILLSIDE OR BANK THREATENS THE SAFETY OF BUILDINGS
321 POWER TO REQUIRE REVETTING, TURFING OR SLOPING
322 POWER TO EXECUTE WORK IN COMBINATION
323 POWER TO EXECUTE WORKS WHERE PUBLIC ROAD, DRAIN, REVETMENT OR RETAINING-WALL IS AFFECTED
324 RULES AS TO REVETTING, TURFING AND SLOPING
325 POWER TO PROHIBIT OCCUPATION OF UNSAFE OR INSANITARY BUILDING
326 ADDITIONAL POWER TO BOARD OF COUNCILLORS IN HILL AREAS TO MAKE REGULATIONS

PART VIII : COMMUNITY HEALTH

CHAPTER 21 : PUBLIC SAFETY AND NUISANCES

327 PRECAUTIONS IN CASE OF DANGEROUS STRUCTURES
328 PRECAUTIONS IN CASE OF DANGEROUS TREES
329 PRECAUTIONS IN CASE OF DANGEROUS TANKS, WELLS, HOLES, ETC
330 POWER TO STOP DANGEROUS QUARRYING
331 PRECAUTIONS AGAINST FIRE
332 PROHIBITION OF CONSTRUCTION OF WELLS, TANKS ETC. WITHOUT PERMISSION OF BOARD OF COUNCILLORS
333 PREVENTION OF MOSQUITO-BREEDING
334 REGULATION OR PROHIBITION OF CERTAIN PRACTICES RELATING TO CULTIVATION
335 CLEANSING OF INSANITARY PRIVATE TANK OR WELL USED FOR DRINKING PURPOSES
336 DUTY OF THE CHAIRMAN-IN-COUNCIL IN RESPECT OF PUBLIC WELL OR RECEPTACLE OF STAGNANT WATER
337 PROHIBITION AGAINST, OR REGULATION OF, WASHING ANIMALS OR CLOTHES OR FISHING IN PUBLIC WATER COURSES, TANKS, ETC
338 PROVISION OF PUBLIC TOILETS AND WASH-HOUSES
339 PROVISION AGAINST WASHING BY WASHER MEN AT UNAUTHORISED PLACES
340 PROHIBITION AGAINST DEFINING WATER OF TANKS ETC., WHETHER PUBLIC OR PRIVATE
341 UNOCCUPIED BUILDINGS OR LANDS
342 ABATEMENT OF OVERCROWDING IN DWELLING HOUSE OR DWELLING PLACE
343 PROHIBITION AGAINST FEEDING CERTAIN ANIMALS ON FILTH
344 PREMISES NOT TO BE USED FOR KEEPING ANIMALS, BIRDS, ETC., WITHOUT LICENCE
345 SEIZURE OF CERTAIN ANIMALS OR BIRDS
346 POWER TO DEAL WITH INFECTED DOGS OR ANIMALS
347 POWER TO STOP NUISANCES FROM ANIMALS WITHIN PREMISES
348 CONTROL AND REMOVAL OF KHATALS
349 POWER TO REQUIRE REPAIR, ALTERATION, REMOVAL OR CONVERSION OF LATRINES ETC
350 POWER TO ABATE NUISANCES CAUSED BY POLLUTION

CHAPTER 22 : RESTRAINT OF INFECTION

351 BOARD OF COUNCILLORS TO TAKE MEASURES FOR PREVENTION AND CHECKING OF DANGEROUS DISEASES
352 OBLIGATION TO GIVE INFORMATION OF DANGEROUS DISEASE
353 POWER OF CHAIRMAN TO CAUSE INSPECTION OF A PLACE AND TAKE MEASURES TO PREVENT SPREAD OF DANGEROUS DISEASE
354 POWER OF CHAIRMAN TO CAUSE DISINFECTION OF BUILDING, TANK, POOL OR WELL
355 POWER OF CHAIRMAN TO DESTROY INFECTIOUS BUILDINGS, STRUCTURES, HUTS OR SHEDS .
356 POWER OF CHAIRMAN TO CLOSE LODGING AND EATING HOUSES
357 POWER OF CHAIRMAN TO RESTRICT OR PROHIBIT SALE OF FISH, FLESH, FOOD, DRINK, ARTICLES, ETC
358 CONTROL OVER WELL AND TANKS, ETC
359 SPECIAL MEASURES IN CASE OF OUTBREAK OF DANGEROUS OR EPIDEMIC DISEASES
360 DISPOSAL OF INFECTIOUS CORPSES
361 PROHIBITION OF MAKING OR SELLING OF FOOD ETC. OR WASHING OF CLOTHES BY INFECTED PERSONS

CHAPTER 23 : VITAL STATISTICS

363 REGISTRATION OF BIRTHS AND DEATHS
364 INFORMATION OF BIRTHS
365 INFORMATION RESPECTING FINDING OF NEW-BORN CHILD
366 INFORMATION REGARDING DEATH
367 MEDICAL PRACTITIONER TO CERTIFY CAUSE OF DEATH
368 DUTIES OF POLICE IN REGARD TO UNCLAIMED CORPSES
369 SEXTONS, ETC., NOT TO BURY, ETC., CORPSE

CHAPTER 24: DISPOSAL OF THE DEAD

370 REGISTRATION OF PLACES FOR DISPOSAL OF THE DEAD
371 PROVISION FOR, AND REGISTRATION OF, NEW PLACES FOR DISPOSAL OF THE DEAD
372 PERMISSION FOR OPENING NEW PLACE FOR DISPOSAL OF THE DEAD OR REOPENING OF PLACE
373 POWER TO REQUIRE CLOSING OF BURNING AND BURIAL GROUNDS
374 POWER TO DIRECT REOPENING OF ANY PLACE CLOSED FOR THE DISPOSAL OF THE DEAD
375 PROHIBITIONS REGARDING BURIALS WITHIN PLACES OF WORSHIP AND EXHUMATION
376 ACTS PROHIBITED IN CONNECTION WITH DISPOSAL OF DEAD
377 DISPOSAL OF DEAD ANIMALS

PART IX : OTHER AUTHORITIES

CHAPTER 25 : NOTIFIED AREA

378 CONSTITUTION OF NOTIFIED AREA
379 APPLICATION OF PROVISIONS RELATING TO MUNICIPALITY TO NOTIFIED AREA AUTHORITY
380 OMITTED
381 DECLARATION OF NOTIFIED AREA AS MUNICIPAL AREA
382 CONSEQUENCES OF CONSTITUTION OF NOTIFIED AREA TO BE MUNICIPAL AREA
383 OMITTED
384 SPECIAL PROVISION RELATING TO NON-MUNICIPAL URBAN AREA
385 POWER TO MAKE RULES
CHAPTER XXVA : INDUSTRIAL TOWNSHIP
385A CONSTITUTION OF INDUSTRIAL TOWNSHIP
385B APPLICATION OF THE ACT AND THE RULES MADE THEREUNDER
385C CONSEQUENCES OF APPLICATION OF THE ACT TO AN INDUSTRIAL TOWNSHIP
385D ABOLITION OR ALTERATION OF AN INDUSTRIAL TOWNSHIP
385E CONSEQUENCES OF ABOLITION OR ALTERATION OF AN INDUSTRIAL TOWNSHIP
385F OFFICERS AND OTHER EMPLOYEES
385G POWER TO MAKE RULES

PART X : POWERS, PROCEDURES, PENALTIES AND SAVINGS

CHAPTER 26 : PROCEDURE

386 SIGNATURE, CONDITIONS, DURATION, SUSPENSION, REVOCATION, ETC, OF LICENCES AND WRITTEN PERMISSIONS
387 POWERS OF ENTRY AND INSPECTION
388 POWER TO ENTER LAND OR ADJOINING LAND IN RELATION TO ANY WORK
389 BREAKING INTO BUILDING
390 TIME OF MAKING ENTRY
391 NOTICE FOR ENTRY
392 PUBLIC NOTICES HOW TO BE MADE KNOWN
393 PROOF OF CONSENT ETC. OF BOARD OF COUNCILLORS OR ANY OFFICER OF THE MUNICIPALITY
394 NOTICES ETC. TO FIX REASONABLE TIME
395 SIGNATURE ON NOTICES ETC. TO BE STAMPED
396 NOTICE ETC. BY WHOM TO BE SERVED OR ISSUED
397 SERVICE OF NOTICES ETC
398 TIME FOR COMPLYING WITH REQUISITION OR ORDER, AND POWER OF BOARD OF COUNCILLORS TO ENFORCE REQUISITION OR ORDER IN DEFAULT
399 SUBMISSION OF OBJECTIONS TO COMPLY WITH NOTICE
400 POWER OF BOARD OF COUNCILLORS TO ENTER INTO AGREEMENT FOR PAYMENT OF EXPENSES IN INSTALLMENTS
401 EXECUTION OF WORK BY OCCUPIER ON THE FAILURE OF OWNER
402 RELIEF TO RECEIVERS, AGENTS AND TRUSTEES
403 GENERAL POWER OF MUNICIPALITY TO PAY COMPENSATION
404 COMPENSATION TO BE PAID FOR DAMAGE TO PROPERTY OF MUNICIPALITY
405 RECOVERY OF CERTAIN DUES OF MUNICIPALITY
406 POWER TO INSTITUTE ETC. LEGAL PROCEEDINGS AND OBTAIN LEGAL ADVICE
407 NOTICE, LIMITATION AND TENDER OF RELIEF IN SUITS AGAINST BOARD OF COUNCILLORS ETC
408 INDEMNITY
409 CO-OPERATION OF THE POLICE
410 POWER OF POLICE TO ARREST OFFENDERS
411 VALIDITY OF NOTICES AND OTHER DOCUMENTS
412 ADMISSIBILITY OF DOCUMENT OR ENTRY AS EVIDENCE
413 EVIDENCE OF OFFICER OR OTHER EMPLOYEE OF MUNICIPALITY
414 PROHIBITION AGAINST REMOVAL OF MARK
415 PROHIBITION AGAINST REMOVAL OR OBLITERATION OF NOTICE
416 PROHIBITION AGAINST UNAUTHORISED INTERMEDDLING WITH PROPERTY OF THE MUNICIPALITY

CHAPTER 27 : RULES AND REGULATIONS

417 POWER TO MAKE RULES
418 POWER TO AMEND SCHEDULE
419 POWER TO MAKE REGULATIONS
420 REGULATIONS TO BE SUBJECT TO APPROVAL OF STATE GOVERNMENT
421 POWER OF STATE GOVERNMENT TO CANCEL OR MODIFY REGULATIONS
422 PENALTY FOR BREACH OF RULES OR REGULATIONS
423 RULES AND REGULATIONS TO BE AVAILABLE FOR INSPECTION AND PURCHASE
424 DOUBTS AS TO POWERS, DUTIES OR FUNCTIONS OF MUNICIPAL AUTHORITIES
CHAPTER XXVIII : DELEGATION, CO-OPERATION AND CONTROL
425 DELEGATION OF POWER BY THE STATE GOVERNMENT
426 SUPERVISION BY DIRECTOR OF LOCAL BODIES
427 POWER OF STATE GOVERNMENT TO CALL FOR DOCUMENTS, RETURNS OR INFORMATION FROM CHAIRMAN OR ANY OFFICER OF MUNICIPALITY
428 INSPECTION OF MUNICIPAL WORKS AND INSTITUTIONS BY GOVERNMENT OFFICERS
429 POWER TO SUSPEND ACTION UNDER THE ACT
429A OMITTED
429B DIRECTIONS BY THE STATE GOVERNMENT
430 POWERS OF STATE GOVERNMENT IN CASE OF DEFAULT
431 POWER OF THE STATE GOVERNMENT TO INTERVENE IN CASE OF GROSS NEGLECT OR SERIOUS IRREGULARITY
431A SPECIAL PROVISION IN THE CASE OF PROHIBITORY ORDER FROM COURT
432 CO-ORDINATION FOR PURPOSES OF PLANNING AND DEVELOPMENT
433 CIVIC PARTICIPATION
433A (1) THE BOARD OF COUNCILLORS SHALL CONVENE A MEETING OF THE CITIZENS IN EACH ARE COVERED BY ONE OR MORE WARDS, AS THE BOARD OF COUNCILLORS MAY DECIDE, ONCE A YEAR FOR PLACING ITS ANNUAL ADMINISTRATION REPORT AND ANNUAL FINANCIAL STATEMENT OF THE PRECEDING YEAR FOR PUBLIC INFORMATION AND DELIBERATION THEREON.
433B STATE GOVERNMENT TO PLACE OFFICERS AND EMPLOYEES AT THE DISPOSAL OF MUNICIPALITIES
434 SERVICES OF MUNICIPAL ENGINEERING DIRECTORATE
435 TRAINING AND RESEARCH PROGRAMMES OF INSTITUTE OF LOCAL GOVERNMENT AND URBAN STUDIES
435A FINANCIAL AND TECHNICAL HELP BY DARJEELING GORKHA HILL COUNCIL TO MUNICIPALITY
436 OMITTED
437 WITHDRAWAL OF SECTIONS EXTENDED BY STATE GOVERNMENT
438 DISPUTES
439 SAVINGS AS TO CERTAIN SUITS AND PROCEEDINGS
440 PENALTIES AND PUNISHMENTS
441 REPEAL AND SAVING
442 REMOVAL OF DIFFICULTIES
OMITTED
OMITTED
OMITTED
OMITTED

Devider

Schedule I

(See section 118)

Professions, trades and callings

Every certificate of enlistment shall be granted under one or other of the claSses mentioned in the second column of the following table :

Serial No. Classes
(1) (2)
  1. Company or association or body of individuals which exercises any profession, trade or calling whatsoever for profit or as a benefit society, not being a registered co-operative society. 2. Statutory Corporation set up by the Government for trading concerns sponsored by the Government and carrying on business for profit. 3. Company, club, association or body of individuals, having no paid-up capital, which exercises any profession, trade or calling whatsoever for profit or as a benefit society, not being a registered co-operative society, merchant, banker, not being a registered co-operative society, money-lender, whore-sale trader, owner or occupier of a market, bazar or theatre or place of public entertainment, broker or dalal in jute, cotton, precious stones, landed property, country produce, silk or other merchandise, retail trader or shop-keeper, boarding-house-keeper, hotel-keeper, lodging-house-keeper, tea-stall-keeper and eating-house-keeper. 4. Commission agent, broker not included in serial number 3, architect, engineer. contractor, medical practitioner, dentist, barrister, an legal practitioner. 5. Itinerant vendors hawking goods for sale. 6. Any other trade, profession or calling not enumerated in serial numbers 1 to 5.

Schedule II

(See section 201)

Purposes for which premises may not be used without a licence or written permission

1.Aerated water – manufacturing. 2. Asafoetida – storing. 3. Aloe fibre and yarn – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 4. Ammunition – storing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 5. Arecanut – soaking of. 6. Article made of flour – baking, preparing, keeping or storing for human consumption (for other than domestic use). 7. Ash-storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever, dumping or shifting. 8. Bakelite goods – manufacturing or processing. 9. Bamboo – storing for sale, hire or manufacture. 10. Bidi leaves – storing or processing. 11. Biscuit – baking, preparing, keeping or storing for human consumption (for other than domestic use). 12. Blasting powder – storing. 13. Blood – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 14. Bone – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 15. Bread – baking, preaparing, keeping or storing for human consumption (for other than domestic use). 16. Brick – manufacturing. 17. Camphor – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever or boiling_ 18. Candle – packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 19. Carbide of calcium – storing. 20. Cardboard – storing. 21. Carpet – manufacturing. 22. Cashewnut – storing, packing, preparing or manufacturing by any process whatsoever. 23. Catgut – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 24. Celluloid goods – storing. 25. Cement – packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 26. Charcoal – dumping, shifting, selling or storing. 27. Chemical preparation – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 28. Chilli – grinding by machinery. 29. Chilli (dried) – selling wholesale or storing for wholesale trade. 30. Chlorate mixture – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 31. Cinder – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever, dumping or shifting. 32. Cinematograph film – shooting of, treating or processing. 33. Cloth – dyeing, bleaching, mercerizing or storing. 34. Coal – dumping, shifting, selling or storing. 35. Coconut fibre – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 36. Coconut husk – soaking of. 37. Coconut shell – storing. 38. Coir yarn – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 39. Coke – storing. 40. Combustible material – storing. 41. Combustible – baking, preparing, keeping or storing for human consumption (for other than domestic use). 42. Compound gas (oxygen, nitrogen, hydrogen, carbon-dioxide, sulpher, chlorine, acetylene) – storing. 43. Copra – preparing or storing or selling wholesale. 44. Cotton of all kinds, cotton refuse, cotton seed – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 45. Cow-dung cake – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 46. Detonator – storing. 47. Dry leaf – storing. 48. Dye (stuff) – packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 49. Dynamite – storing. 50. Explosive – storing. 51. Explosive paint (nitro-cellulose, lacquer, enamel) – storing. 52. Fibre – selling or storing. 53. Fat – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 54. Felt – storing. 55 Fin – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 56. Firewood – selling or storing. 57. Firework – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 58. Fish – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 59. Fish oil – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 60. Flax – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 61. Fleshing – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 62. Flour – packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 63. Fuel – using for any industrial purpose. 64. Fulminate of mercury – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 65. Furniture – making or storing for sale. 66. Gas – storing. packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 67. Gelatin – storing. 68. Ghee – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 69. Gold – refining.

70 Grain – selling wholesale or storing for wholesale trade. 71. Gram – husking by machinery. 72. Grass – storing. 73. Groundnut – selling wholesale or storing for wholesale trade. 74. Gun-cotton – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 75. Gunny-bag – storing, packing, pressing, cleansing. preparing or manufacturing by any process whatsoever. 76. Gunpowder – storing, packing, pressing, preparing or manufacturing by any process whatsoever. 77. Hair – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever, dyeing or drying. 78. Hay – selling or storing. 79. Hemp – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 80. Hessian cloth – storing. 81. Hides – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 82. Hoof – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 83. Horn – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 84. Ice – manufacturing. 85. Incense – storing. 86. Jaggery – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever or selling wholesale. 87. Jute – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 88. Khaki – preparing. 89. Lac – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 90. Lead – melting. 91. Leather – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 92. Lime – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 93. Lime shell – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 94. Manure – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 95. Machinery – using for any industrial purpose. 96. Match – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 97. Meat – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 98. Metals (including precious metals) – beating, breaking, hammering and casting. 99. Methylated spirit or denatured spirit – storing. 100. Nitro-compound – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever.

101. Nitro-mixture – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 102. Offal – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 103. Oil – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever or boiling. 104. Oilseeds – storing. 105. Paddy – boiling or husking by machinery. 106. Paint – manufacturing or storing. 107.Paper – packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 108. Petroleum product storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 109. Phosphorus – storing. 110. Pitch – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 111. Plastic or plastic goods – manufacturing or storing. 112. Plywood – storing. 113. Pottery – packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 114. Polythene – manufacturing or storing. 115. Radio – manufacturing, assembling, servicing and repairing. 116. Resin (including rosin) – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 117. Rug – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 118. Sago – manufacturing or distilling. 119. Saltpetre – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 120. Shellac – storing, packing. pressing, cleansing, preparing or manufacturing by any process whatsoever. 121. Silk – packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 122. Sisal fibre – storing. 123. Skin – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 124. Soap – packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 125. Spirit – storing. packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 126. Straw – selling or storing. 127. Sugar – packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 128. Sugar-candy – packing. pressing, cleansing, preparing or manufacturing by any process whatsoever. 129. Sulphur – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 130. Surki – storing, packing, pressing, cleansing preparing or manufacturing by any process whatsoever. 131. Sweetmeat – baking, preparing, keeping or storing for human consumption (for other than domestic use). 132. Tallow – storing, packing. pressing, cleansing, preparing or manufacturing by any process whatsoever or melting. 133. Tar – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 134. Tarpaulin – storing. 135. Thatching material – selling or storing. 136. Thinner – storing. 137. Tiles – manufacturing. 138. Timber – selling or storing. 139. Tobacco (including snuff, cigar, cigarette and bidi) – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever.

140. Turpentine – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 141. Varnish – manufacturing or storing. 142. Wool – storing, packing, pressing, cleansing, preparing or manufacturing by any process whatsoever. 143. Yarn – dyeing or bleaching. 144. Manufacturing article from which offensive or unwholesome smell, fume, dust or noise arises. In general, premises may not be used without a licence or written permission for the purpose, or the doing, in the course of any industrial process, of anything, which, in the opinion of the Board of Councilors, is likely to be dangerous to human life or health or property or is likely to create or cause a nuisance : Provided that no licence shall be required for the storage only of any of the articles mentioned in this Schedule for domestic use and limited to such quantity as may, from time to time, be fixed by the Board of Councilors.

Schedule III

[See section 106(4)]

Parts of plant or of combination of plant and machinery in certain cases not be excluded in calculating the annual value of any land or building

The following parts of a plant or combination of plant and machinery whenever and only to such extent as any such part is, or is in the nature of, a building or structure : Acid Concentrators; Sins and Hoppers; Blast Furnaces; Burners, Forges, Furnaces, Kilns, Ovens and Stoves, Chambers for- Absorption of gases or fumes, Aerographing and Spraying, Bleaching, Chemical Reaction, Conditioning or Treatment, Cooling, Dyeing, Dust or Fume Collecting, Fibre Separation (Wool Carbonising), Fuming, Impregnating. Refrigerating, Sandblasting, Sterilising, Sulphuric Acid, Chimneys, Cooking Ovens; Condensers and Scrubbers Acid, Alkali, Gas, Oil, Tar, Conveyor Gantries; Cooling Ponds; Crane Gantries; Cupolas; Economisers; Elevators and Hoists; Evaporators: Fan Drifts; Floating Docks and Pontoons with any Bridges or Gangways not of a temporary nature used in connection therewith;

Flues; Flumes and Conduits: Foundations, Settings, Gantries, Supports, Platforms and Stagings for plant and machinery; Gas- Holders, Producers and Generators, Purifiers and Cleaners: Head Gear- Mine, Quarry and Pit, Hydraulic Accumulators, Well; Pits, Beds and Bays- Casing, Cooling, Drop, Inspecting or Testing, Liming, Soaking, Tanning, or other treatment, Settling; Rack; Refuse, Destructors and Incinerators; Restorts; Ship Construction and Repair; Cradles, Grids, Slipways, Uprights; Silos; Stages, Staithes and Platforms for loading. unloading and handling materials; Stills; Superheaters; Tanks; Towers for- Absorption of gases or fumes, Chemicals Reaction, Cooling, Oil Refining and Condensing Treatment, Water, Transporter Gantries, Transversers and Turntables, Vats, Weighbridges, Wireless Masts.

Schedule IV

(See section 440)

Penalties

Explanation. – The entries in the second column of the following table, headed “Subject”, are not intended as definition of the offences referred to in the provisions mentioned in the first column, or as abstracts of those provisions, but are inserted as reference to the subject thereof.

Sections sub-sections, clauses or provisos. Subject. Maximum fine or imprisonment which may be imposed for contravention Daily fine which may, in addition be imposed for continuing offences.
1 2 3 4
Section 115, sub-section (2) Submission of returns and inspection of holdings for the purpose of assessment. Five hundred rupees. _
Section 115, Sub-section (3) Inspection of holding for the purpose of assessment. Five hundred rupees. _
Section 116. Sub-Sections (1) and (2). Notice of transfer. Fifty rupees. _
Section 120, sub-section (2) Certificate of enlishment to be obtained within six months of coming into force of the Act. One Hundred rupees. _
Section 121, sub-section (2). Prohibition of advertisement without written permission of Chairman. Five hundred rupees. One hundred rupees.
Section 122, sub-section (1). Licence for use of site for the purpose of advertisement. Five hundred rupees. One hundred rupees.
Section 129. Carts of carriages not to be kept without being registered and without number. Fifty rupees. Five rupees.
Section 135. Keeping of unauthorized ferry-boat. Five hundred rupees. One hundred rupees.
Section 141. Prohibition of taking un-authorized tools. Three hundred rupees. _
Section 173, sub-section (3). Restriction on erection of, or addition to, buildings or walls within street alignment or building-line. Two thousand rupees. One hundred rupees.
Section 196, sub-section (3) Power to prohibit removal etc. of lamps. Five hundred rupees. _
Section 199, sub-section (4). Power to regulate future construction of building in particular streets or localities. Two thousands rupees and/or imprisonment for three months. One hundred rupees.
Section 200 sub-section (1). Power to prohibit change of authorized use of building. Two thousand rupees and/or imprisonment for three months. Five hundred rupees.
Section 201, sub-section (1). Licence to be obtained for use of premises for non-residential purposes. Two thousand rupees and/or imprisonment for three months. Five hundred rupees.
Section 202, sub-section (5). Premises not to be used for specified purposes. One thousand rupees. One hundred rupees.
Section 204. Prohibition of building without sanction. Five thousand rupees and/or imprisonment for six months. One thousands rupees.
Section 209. Notice to Board of councillors before commencement of work. Two hundred rupees. _
Section 212, sub-section (2). Completion certificate. Five hundred rupees. Fifty rupees.
Section 240, sub-section (1). Digging for wells etc. without permission. Five hundred rupees. Fifty rupees.
Section 270, sub-sections (1) and (2). Prohibition solid wastes. One hundred rupees. Ten rupees.
Section 278, sub-sections (1) and (2). Private markets and slaughter-houses. One hundred rupees. Ten rupees.
Section 282. Municipal licence for articles etc. Twenty-five rupees. Ten rupees.
Section 310, sub-section (5). Control over construction or alteration of private roads. One thousand rupees. One hundred rupees.
Section 314. Removal of materials falling upon or into road or drains. Five hundred rupees. Fifty rupees.
Section 315, sub-section (4). Control over construction or alteration of private drains. Five hundred rupees. Fifty rupees.
Section 330. Power to stop dangerous quarrying. One thousands rupees. One hundred rupees.
Section 331. Precautions against fire. One thousands rupees. One hundred rupees.
Section 333, sub-section (1). Filling in of pools etc. which are a nuisance. Five hundred rupees. Fifty rupees.
Section 339. Prohibition against washing by washermen at unauthorized places. One hundred rupees. Ten rupees.
Section 340. [Prohibition against defilling of water of public and private tanks and uses and throwing of plastic in the public streets and tanks, whether private or public.] Five hundred rupees. One hundred rupees.
Section 341. Unoccupied building in dwelling house or lands. Five hundred rupees. Fifty rupees.
Section 342, sub-section (3). Abatement of overcrowding in dwelling house or dwelling place. One hundred rupees. Ten rupees.
Section 343. Prohibition against feeding certain animals on fifth. One hundred rupees. Ten rupees.
Section 344. Premises not to be used for keeping animals, birds, etc, without licence. Three thousand rupees and/or imprisonment for six months. Two months fifty rupees.
Section 361. Prohibition of making or selling of food etc. or washing of clothes by infected persons. Five hundred rupees. Fifty Rupees
Section 372, sub-section (3). Permission for opening new place for disposal of the dead or reopening of place. Five hundred rupees. Fifty rupees.
Section 373. Power to require closing of burning and burial grounds. Five hundred rupees. Fifty rupees.
Section 376. Acts Prohibited in connection with disposal of dead. One thousands rupee and/or imprisonment for three months. Two hundred rupees.
Section 377. Disposal of dead animals. One hundred rupees. Twenty rupees.
Section 387. Power of entry and inspection. Five hundred rupees. One hundred rupees.
Section 414. Prohibition against removal of mark. Two hundred rupees. _
Section 415. Prohibition against removal or obliteration of notice. Two hundred rupees. _
Section 416. Prohibition against un authorized inter-meddling with property of the municipality. One thousands rupees. One hundred rupees.

Devider

CONNECTED LAWS    newnew

West Bengal Municipal (Building) Rules, 2007

West Bengal Municipal (Employees’ Service) Rules, 2010

West Bengal Municipal Elections Act, 1994

West Bengal Municipal Employees (Compulsory Retirement) Act, 1976

West Bengal Municipal Employees (Compulsory Retirement) Repealing Act, 1978

West Bengal Municipal Employees’ (Classification, Control, Appeal and Conduct) Rules, 2010