The howrah improvement act, 1956

0 West Bengal Act X N o f 1956 T W H OWRAH IMPROVEMENT ACT, 1956. CONTENTS. C W R I. Preliminary. Sccrion. 1. Shon title, commcnccment and cxrcnt. 2. Dcfinilions. CHAPTER II. Thc Doard of Trustees. Corrsrirrrriotr of tire Board. 3. Crcarion and Incorporauon of Board. 4. Consli~uliono f ~hcBo ard. 4A. (Otsitted.) 5. Disqualificalions for being appointed or elccled a Truslee. 6. Appoinuncnr of Chairman of thc Board. 7. Rerrmnera~iono f Chairmm. 8. Tcmporaly appointment OF a salaried officer as Chairman of the Board. 9. Leavc of abscncc or deputation of ~hCch airman. - 10. Appointmenr, elc.. of acung Chairman. I I. Leave of absence of other Truslees. 12. Removal of Chairman or Trustees. 13. Filling of casual vacancies in certain cases. 14. Term or officc of Truslces. 15. Mecting of Board. 16. Temporary asscciatian of members wilh the Board for particular purposes. 17. Consri~utiona nd funclions of Cornmiltee. 18. Mccting of Comrniltezs. 19. Fces Tor attendance at meetings. 20. Trusrces and associated members oi Board or any Committee not to rake part in proceedings in which rhcy are personally inreresrzd. 20A. Powcr of Board to exrcutc ccnin works ar to render ceFlain services. 2 1. Power to rnakc and perform contracts. 32. Execution or contrads and approval of cstimatcs. 23. Further provisions as to execution of contracts md provision as to scal of Board. 24. Tenders. 25. Security for pcrrormnnce of conmact. 26. Supply of documents and informaion to h eS rare Government. Tlre Howmh Inlproverrreflr Act, 1956. [Wcst Den. Act 2'1. Staremcnt ol strength and rcmuncration of st&. 28. Board to make rules. 29. Powcrs of appoinrmenl. etc.. in whom vested. 30. Sanction of Slate Govcrnnlent rcquired to cenain statemcnts, rules and orders. 3 1. Conlrol by Chairman. 32. Delegation of certain powers, durics and iu~ictionso f thc Chairman. Improvement Schemes. 33. Improvcmcnt schemes. 34. Maltcrs to be considcrcd when framing improvemenl schemes. 35. Mnlrcrs to be provided Tor in improvemen1 schemes. 36. Duly of Municipality lo prevcnl misuse of rescivcd areas. 37. Whcn gcncral improvcmcnl scheme may be framcd. i 35. Authoriry for making an oificial represenr;l!ion for a gcneral improvemenl schcmc. 39. Considerarion or official represcn~alions. 40. Wllen streel schcmc may be frarncd. 4 l. Wid~ho f slreers. I I 42. Scheme for the improvcmcnt 01 insanitary brrstee area. I 13. Re-housing pcrsons displaced by inlprovemenl schcmc. I 44. Housing accommodalion scllcmc. I 45. Prepamuon, publicarion and uansmission of nouce as la improvement scheme, and supply I of docuinents to applicanu. 46. Transmission to Board of reprcsen~ationb y Municipality or olher Iocal Au thorily. 47. Scrvice of noricc as to proposed acquisition of land or recovcry of betterment fee. 48. Furnishing of copy of, or extracls from, Ihe municipal assessmenr-book. $9. Abandonment of irnprovemenr scheme, or npplicalion to Stale Governmcnr to sanction il. 50. Powcr to sancrion or rejecl improvement schemc. 5 1. Nuiificarions of sanciion to jrnprovcmcnt scheme. 52. Alleralion of jmprnvcment scheme afier sanclion. 53. Combinarion of improvement schemes. 54. Transfer lo Board for purposes of improvemenl schcme, of builiding or land vcsrcd in h e Commissioners of Municipality. 55. Lands acquircd for drainage schemc 10 vest in heB oard. 56. Provisions of drain or walenvork lo rcpjacc another siluated on land vested in he Board under section 54. 57. Bar lo applicarion of cemin secuon of the Calculta Municipal Acr. 1923, to sweets vested 1 in rhc Bonrd. 58. Repair and watering of streets ves~edi n Ihc Board. 59. Guarding and lighling whcn weel vested in heB oard is opened or broken up or when i slrrcl is under conslrucuon and speedy cornpIction of work. Tlie Howrali hrrprovenrerir Acr, 1956. 713 Section. 60. Prevention of restriclion of Lralfic in sireel vestcd in Ihe Board during progress of work. ,. . , ,. 6 1. Provision of facililics whcn work is cxccuted by Board in public sueel vested in them. 62. Powcr to Bo,d lo lurn or closc public sucer or square vcsrcd in thcm. 63. Projected public srreet and parks. 64. Board may makc plans for future cx~ensiono f sewage disposal sire. 65.. Vesting in Commissioners of Hownh Municipality of-streels laid out or altered, and open spnces providcd, by rhc Board under an irnprovcment scheme. 66. Applicauo~lo f scclion 65 lo othcr Municipalities. CHAPTER IV. ... .. Acquisition and disposal of land. . . Acqrrisiriorr by agreetset~ra t~dc ot~ipulsoryo cqrrisitioa 67. Powcr lo purchase or lcase by agrccmcnt and to acquire land under the Land Acquisition Acl, 1894. 68. Power of Board to acquire land for fulurc improvcmcnr schcme. I 69. Tribunal lo be constituted. 70. Modificarion of the Land Acquisirion Act, 1894. 1 7 1. Cons~itutiono f Tribunal. 72. Ramunem~iono f mcmbcrs of Tribunal. 73. Officers and servanrs of Tribunal. 73. Pitymenls by Board on accounl orTribuna1. 75. Power to make rules Cor Tribunal. 76. Award of Tribunal how ro be dercrmincd. 77. Appcal. 78. Stale Govcrnmc~llm ay appoinr the Tribunal for Calculta lo bc thc Tribunal for Howrah. 79. Abandonment of acquisition in considerarion of spccial payment. Bertenrle~zrf ee. SO. Payrneni of bcuern~enrf ee. 8 1. Assessmenr of be~rcrmentf ee by Board. 82. Settlen~ento f berlcrmcnt Fee by arbitrators. 83. Fecs for arbi~ators. 84. Proceedings of arbi~rators. 85. Board to give notice to persons liablc 10 payment of beuermenr fees. 86. Agrecrnenl to inakc payment of beltermenl fcc a charge on land. Recovev of special puyitrerrrs orrd berrerrrrent fees. 87. Recovery of moncy payable in pursuance of sccrions 79,Sl. 82, or 86. 88. Board to appojnl persons for enforccmcnt 01p rocesses for recovcry or dues. [Wet Ben. Act Scc~iou. Acqrrisition 011 fresh declaration. 4 39. Agreemcnl or pqmcnl no1 to bar acquisilion under a fresh declaration. Disposal 01 land. 90. Powcr to dispose of land. 91. Calculla Tlzika Tenancy Act, 1949, and West Bcngal Non-Agriculluml Tenancy Act, 1949, nol to apply. CHAPTER V Taxation. 92. Duly on cerlain transfers of immavablc prapcrly. 93. Par~icularst o bc sct forlh in documents making uansfcr of propeny. 94. Dislribuuon of cusloms duty on exports of jure. 95. Powcr ro Slarc Govcrnmcnt 10 mnkc mlcs. 95A. Powcr to Starc Govcrnmcnt to issuc direction. CHAFER VI. Finance. 96. (Orjrirred.) 97. State Governn~enrt o pay lo the Board a share of h en et proceeds of he lerrrtinal taxes assigned to it. Loarrs. 98. Power of Board to borrow money. 99. Loans from Banks. 100. Diversion of borrowcd moncy lo purposcs othcr than those first approved. 10 1. Form, signature, exchange, Lranskr and cfrccl or dcbcnwres. 102. Signature of coupons attached 10 dcbcnlurcs. 103. Paymcnrs to survivnrj of joint payers. 104. Receip~b y joint holdcr for intcrcsl or dividend. 105. Priorily of payments for interest and repayment of loans. 106. Rcpaymcnt of loans taken under section 98. 107. Establishmcni and n~aintcnanceo f sinking funds. 108. Power to discon~inucp aymenb into sinking funds. 109. Investmenr of sinking runds. 7lc Howrah Inrprove~nerlrA ct,-1956. XIV of 1956.1 1 10. Application or sinking runds. 1 11 . ,Annual ssratcmcnrs by uuslccs. 112. Annual examination of sinking iunds. 1 13. Proccdurc ifB oard fail to make any pa$ncnt or invcsrment in respect of loans. 1 14. (Olllirred) 1 15. Paymcnls undcr sccdon 1 13 to be a charge on the property of rhc Board. 116. Procedure if Board fails to rcpay loans obtained from the State Govcrnmcn~. 1 17. Estimarcs oT income and expendilute to be laid annuaIly bcforc thc Board. 1 18. Sanclion of Board lo cslimalcs. 1 19. Approval of S~areG overnment to estimalcs. 120. Transmission or copy of es~irnntet o Chairman of Howrah Municipality. 12 1. Special provisions as lo the first cslimate aner the conslimlion of thc Board. 122. Supplementary cslirnalcs. 123. Adherence ro estimare, and maintenance of closing balance. 124. Rccciprs or moneys, and deposit to S~aleB ank of India. 125. Invcs~mcno~f surplus money. 126. Paymenu by cheque. 127. Signalum of orders under section 125 and chequc. 128. Duly of Chairman and others before signing cheque. 129. Accounts of receipts and disburserncnls how to be kept. 130. Defini [ion of "cast of managemenl". 1 3 1. Keeping of capital account and revenue accounL. 132. Crcdits to capital account. 1 33. Application of capital account. 134. Credits to revenue account. 1 35. Applicnlion of revenue account. 136. Power 10 direcr snlc of securirics in which any surplus of the rcvcnuc account is invcswd. , - 137. Advanccs rrom revenue accounl to capital account. 138. Advances Irom capital account to revenue account. 139. Striking off irrccovcrable sum. :I 140. Submission of abs~racko f accounls to Slate Governmenl. 14 1. Annual audit of accounrs. 142. Powers of audiror. Tlre Howralr Itrrproven~entA ct, 1956. [West Bcn. Act Secdon. 443. Remunerarion of auditor. 144. Reports and information lo be furnished by auditor to the Board. 145. Board to remedy dcfects pointed out by audiror. 146. Audiror's report to be sen1 lo each trustee end considered by Board. 147. Publica~iona nd msmission of an abstracr of thc accounts. CHAPTER W. 148. Further powers lo Slale Govcromcnl for making rulcs. 149. Funher powers lo Board for making rules. 150. Condirions prcccdenr to (he making of rules under secuons 95, 148 or 149. 15 1. Publicalion of rules. 152. Prinling and salc or copies of rules. 153. Exhibirion of copies of rules. CHArnR VIII. Supplemental Provisions. Stat~rso f Trtfsrees, elc. 154. Truslees, elc., dccmcd public servants. Coti(ribrr/iot~lso wads leave allo~~~arracre~sd p ensions ofseivatrrs of the 1 Govemnlenr. 155. Contributions by Board lowards lcave allowances and pcnsions of servants of [he : ' Government employcd under this Act. Erlertsion of Act to nreas it1 the neigkbourlrood ofthe Howrah Mrinicipality. 158. Saving of Telegraph and Railways Acls. Legal proceedings 159. Cognizance of offences. 160. Limi~aliono f lime for proseculion. 16 1. Powcs of Chairman as to institurioo, etc.. of legal proceedings and obtaining legal advice. 162. Indemnily lo Board, elc. 163. Noiici of suit against Board. etc. The Howruh h~rprnve~t~Aacrtt, 1956. Seciion. Police. 164. Co-operalion of the policc. 165. h e s o~f o ffenders. - Evidence. 166. Proof of conscnl, elc.. of Board or Chairman or oflicer or servanr of Board. 167. Validalion of acls and proceedings. Compel tsorion. 168. Gcneral power of Board to pay cornpensadon. ' 169. Cornpensarion to be paid by offenders for damage caused by hem. Public rzorices ond advertise~~~err~s. 170. Public notices how ro be made known. 17 I. Newspapers in which advcrriscrnenls or nolices 10 be publishcd. Sigtiatrrre atrd service of notices or bills. 172. Slamping signarurcs on nolices or bills. 173. Services how to be effected. Surveys. 174. Powcr to make surveys, or conlribulc towards heir cost. Polver- of etifty. 175. Power of enq. Penalties. 176. Punishment for acquiring share or inlcrcst in conuacl, etc., wih the Board. 177. PenaIty for removing fence, elc., in streel. 178. Pcnalty for building wilhin smeet alignment or building line of a projected public srreel. ,. . 179. Penalty for failurc to remove wall or building in respect of which agreement has ken execured. 180. Penalty for failure to comply with requisition made by auditor. 18 1. Penalty for obsmcting conrraclor or removing mark. Recovery of expetlses. 182. Removal of wall or building and rccovcry of expenses. Swsperrsiotl or abolitiori, at~dre -i)trpositbi, of tarltfion or trt~ttiicipalc onrribrrtiorls. 1 S3. Suspension or aboli~ion,a nd re-imposiuon, of laxation or municipal conlrjbutions. Dissolrr~ioro~J Board. 154. Power of Srarc Government to supersede the Board. 184A. Conscqucncics of supersession. Schedule I. Schcdule U. 0 West Bengal Act XIV of 19561 THE HOWRAH ZMPROVEMFNT ACT, 1956.' - IVcsl Bcn. Acr m1 of 1966. Wcsl Ben. Acr XVLI of 1969. Wesr Ben. Act VUl of 1972. Wes~B en. Act XI of 1972. West Bcn. Acl XLIll or 1983. West Bcn. Act XV of 1995. [91h J~rle,1 956.1 A11 Acr ro provide for rhe 611pivvettrenro f Hawra/~. WHERFAjlS i s cxpedient ro make provision for !he improvemer~ta nd expansion of Howrah in he milnncr hereinaftcr appearing; AND WHEREAS it is expcdient that n Board of Trustees should be constilutcd and invcsrcd wi~hsp ccid powers for carrying our thc objects of [his ACI: It is hcrcby enacted in thc Seventh Year oFthc Rcpublic of India, by lhc Lcgisla~urco f Wcst Bengal, as follows:- CHAFER I. Preliminary. 1. (I) This Acl may bc calIed hc Howrdi lmprovcmcnt Act. 1956, si:$g- (2) It shall cornc inlo forcc' on such day as thc ~~alc~~overnmmcenn1 a~nd cxtcnt. may, be norificalion, appoint. "(3) 11 extends LO he wholc of Howrah. or rhr m~crncn~of Objuclr and Kc;usons. set he Calcufrtr Guzerre. fitrurrrdinuq: da~cdh c5!hSeplcnikrV 1955, Prui IVA, pqc 153RThc Rcponofrht:Joini Sclccr Commirirc ofhc \Vat Bengal Lfrislaturc was published in thc Colcurru Garfee. Errruordi~raqd: atcd rbiz ??nd Much., 1956. Pan IVA, pagc 407; for pmctcdings of hcW csr Bengal Lcgisla~ivc Asscn~blys, cecheprocccdingsolrhr. nrclingsoirht \Vat BcngdLrg~hivcAsscmblyhe ld on the 10th Scprcmkr. 1955, and 111c 15rh. ZDlh, 21~12,3 nl and 34th Mnrch, 1956;,yld for pmcecdinpsoC11ic Wcs~BengalL rgisl~liueCouncil.~ehci : pmwdingsof ~hmzr zilngs of the \Vest Bcngal Lfislalivc Cuuncil held on he4 1h Octobcr, 1955 and ~hc2 Isr and 28ihMarch. 1956. The provisions ofhis Act rrla ing to rhc sewyc dispsal scheme for ~hMc unicipality or Howmhshs!I stand rcdedni~chff ccl lromthc da~colvminpiln thc CdcuaaMcrmnolim \Valcr and Smitalion ;brurhorily of Ihc works rclaring to such ;chcme, vide scc~iont( k(2) or the Calcutia McmpaLiian Watcr and S~ita~iAounth orily Acr 1966 (Wcst Ben. Act XlIl or 1966). 'This Aci ws bmught inro force \\$lhcffr~ftr omtht261h Imunry, 1957, ride NouCulion No. 595-M1. A 39156,datcdrhe I81h Jmuw 1957,cithcS~e lf-Govcmrtwnr h ~ m n l . published in thr: C(11clrr1d Gaierre, dalcd rhc 241h Imuuy, 1957, Pan I, pagz?61. ' 'Sub-scclion (3) was subsri~u~cfodr thc clriginal sub-scclim by s. 2 of rhc llownh I~uprovemxnt( Anwndmenl) ACI, 1995 (WatB en. Act XV of 1995). Prior:o [his subsrj~uuon. the ~ollowingchangcsa cmdi n original sub-scdion (I),n mcly:- (i) thc words "and the Bdly Municipality" wuc inserted by s. ?(I) of the Howd Impmucri~~n(At ~n~ndrncnAtc) t 1983 (Wcst Bcn.A cl XLlIl of 1983). and (ii) lhe words %or Municipali~ics"s crcsub~ilulcdTo r tk w d"rh ar Municipaliry" by 5.2 (2), ibid. Tlte Holvmh I~i~provertterArtc t. 1956. ['CYcst Ben. Act kfinilions. 2. In this Act, unless ~hercis anyrhing rcpugnanl in rhc subject or b context,- (a) "betterment fee" rncans the fec prescribed by scction 80 in respect of an increase in value of land resulling from the execution of an inlprovemcnt scheme; (6) "the Board" means ~ h cBo ard of Trustees for rhc irnprovcment of Howrah, consri~utedu nder [his ACI; (c) "building" includes a house, out-house, stable, privy, urinal, shed, hut, wall (orhcr than a boundary wall not cxceeding ten fecl in height) and any other srructure, whcther of masonry, bricks, wood, mud, rnecal or any combination of rhesc materials, or any other mawrial wharsocver but does not include a tent or ohcr ponable shclter and docs not also include any temporary shcd erecred on ccrernonial or festive occasions; (d) "building line" rncans a line (in scar of hes rreet alignmenl) up lo which [he main wall of a building abutting on a projecled public slreei may lawfully exlend; (e) "Chairman" means the Chairman of [he Board; '(cc) "Chief Exccutive O1ficcr1' means the person appointed by the Slare Govcrnrnent lo be [he Chicf E~ecutivcO ficer of ~hcB oard; =(f)" IfIowrah" rncans the area within rhc jurisdiction of rhe district of Howmh; -'(A) "Howrah Municipal Corporation" means the Howrall Municipal Corporation cstablished under the Howrah Municipal Corporation Act, 1980; (g) "irnprovcment scheme" means a scheme falling undcr any of the categories mentioned in section 33 bul does not include a projected public sweet or a projecied public park referrcd lo in sec~ion6 3; (h) "land" has the samc meaning as in clause (a) of section 3 of [he Land Acquisition Act, 1894; (i) "municipal assessment-book" means rhc municipal assessment-book referred to in sub-scction (1) of scclion 143 of the Calcutta Municipal Act, 1923, as cxlended to rhe Ben. Act 111 Howrah Municipalily 4[and the assessmenl list prepared for of 1913. the Bally Municipality under secuon 136 of the Bengal Municipal Act, 1932, as !he case may be]; 'Claw (ee) wa inxncd by s. 3 (2)o f ~hcHowmhlmpmvemenr(Arrwndmen[A)C L 1995 (\Vcsf Bcn.ActXV or 1995). 'Clause(0 was subsli~utcdT or origind clause by s. 3 (b),i bid R-iorio rhissubstiturion, ltac words "and lhc Bally Municipality" were inscnrd. in original clausc (0.b y s. 3( 1) of.lhe Hownh impmvcrnent (Amcndmenr)Aa, 1983 (Wat Ben.Aa XLIlI of 1983), 'Cl~use[I Fj wva inseried by s. 3(c) olthc Howmh Impmvcrncn~(A mendmcn1)Act. 1995 (Wcjt Ben. ACLX V of 1995). 'Thc words md figurn wirhin Ihc square bnckek werc inserled by s, 3(2)of lhc Hownh Impmvemnr (Arnendrnenr)Act. 1983 (iVestBen.Aci XLlIlaF 19831. XTV of 1956.1 (Cl~clpte1r 1.-Tlre Board of Tnrstees.-Sectiorls 3, 4.) iti.51 Ecn. '(ii) "Municipality" has [he same meaning as in clause (38A) of - AcIXXLI : section 2 of [he West Bengal MunicipaI Act, 1993; of 1993. ti) "nolificarion" means a notificalion published in thc Oficiul Gazerre; (k) "Sccrclary to thc Board" mcans h ep erson for [he lime being appoinrcd by hc Board to discharge [he funcdons of the Sccrctary to rhc Board; (I) [hc "Tribunal" mcans ~hTcr ibunal consurured under seclion 71; (m) "Trustcc" mcans a Mcmbcr of [he Board; and In) [he expressions "brrs~ee"", drain", "public street" and "smeel align men^" have a he same meaning as in clauses (41, (13), Ben. Acr XV (44) and (52), respecdvely, of section 3 of the Bengal or 1432. Municipal Act, 1932. CHAPTER 11. I I The Board of Truslees. Co~~stirrrrioof r~r l~eB oard, I 3. The duty of carrying our [he provisions or this Act shall. subjecl Creation I :$ken to thc conditions and limi~alionsh creinancr contained, bc vested in a 1 Boad, lo bc callcd, 'The Trustccs Ibr rhc Irnprovcmcnt or Hownh" : of~oard. I I and such Board shall be a body corporarc and havc pcrpclual succession and a common seal, and shall by [he said name sue and be sued. i I '4. The Board shall consis[ oreleven Truslees as specified below:- Constitu~ion I I of Bod, (a) the Mayor of lhc Howrah Municipal Corporation (hcrcinafter referred lo as [he Mayor); , . (b) one representative of [he Department of Urban Development, Governmen[ of West Bengal; (c) one representative of the Finance Deparmcnl, Governrncnl of Mst Bengal; . , 'Clause (ii) was inserted by s. 3(d] ofrhcHowrah Irnpmvemnr (Amcndrncnr) Acl. 1995. (\PC41 Bcn. Act XV of 1995). !Stc~ion4 was substiiulrd Tor the original section by s. 4. ibid. Prior to this suhslilulion, rhc fo!lowingchmgcso~currcdi n original scciion 4, nmly:- (il subscaion (1) wusubstiru~edb y s.4 (a) of rhc Hownhhpm~rnwnr(Amcndmcn~) Act. 1983 (Wcst Bcn. Act XLIII of 1983). (ii) in sub-=&on (2).- (a) the words, bnckca and Icucrs "claucs (c). (0 and (g)" were subsrilu~edl or !hcwor&, bnckelsmd lcltcn 'Tlauxs(c) and (d)" by s. 4(b)(i). ibid., and ". (b) rhe words thl: Chairmvl of thc Bdly Municipality" wcn: inscned by s. 4(b)(ii), ibid., and (iii) in sub-scclion (3),- (3) hew ords, bmkfrsand le~rcrs" clausls( el. (I) nnd (g)"wcresubsritu~edf orrhc words, bnckets and Icilcrs "clauxs (c) md (d)" by s.4(c)(i), ilrid..a nd (6) hew ords "or such Coi~~nus~ionelrhoe fB dly Muuicipdi~y"w crcinscncd by S.~(C~[U;)b.; d, Tlie Ho~vrufIt t~rpn-enrerlrA ct, 1956. [West Ben. Act (Clrapter II.-TII~ Boord of Tr~tslecs.-Sectio~1.s4 A, 5.) (d) onc official of the Calculta Mclropolilan Dcvclopment Aulhority ro be appointed by llle Smlc Govcmmcnt; (c) ~hCch icf Execuli vz Officer; (f) fivc pcrsons [a bc appointed by h eS tate Govcrnmcnt; (g) 111c pcrson appointed by the S~areG overnmcnl lo bc ~hc Secretary of tlic Board, who shall be the Member-Secretary: Provided rhnr wl~cnn n ordcr ~Tsupc~scssioonf the Howrah Municipal Corporarion bas becn madc undcr the Howrah Municipal Corporalion wC51U tn. Act, 1980, and is in force, it shall br: compctcnl for [he Slate Government of 1980. lo nominarc in place of the Mayor a person having spccial knowledge or cxpericncc in Municipal adminis~ration. '4A. [(Corrsritrrtio)~0 1 rl~eB ourd u11 nppoinntret~ro f Exccrrtiuc Oficer for Holvrah M~rr~icipalitsyr rder sccrio~l6 7A of the Bellgal Mrrtricipal Acr, 1932,+0nrirred by s. 5 of rlrc Ho~vrallI ttr~~ro~~et~rerlr (ilrrre~rd~~rAeic~t,r )1 983 1W esr ,3e11.A ct XLIII of 1983J.l Di\qu~l~- 5. (1) A pcrson shall be disqualified for bcing appointed licarions '" * * * a Truslee if he- for+in: . appo~nledo r (a) hns been convicted and sentenced by my Court for an oifence cltc~cdn punishable with in~prisonrnentf or a period of not lcss than Tustcc. six monhs; or (b) is an undischarged insolvcnl; or (c) holds any ofice or place of profil undcr Ihc Board; or (d) has, dircclly or indirecrly. by himself, or by any panncr, clnploycr or crnployec, any share or interest in any conlracl or elnployrncnt wih, by, or on behalF of, [he Board; or (e) is a director, or a sccrcrary, manager or other salaried olficer, of any jncorporatcd company which has any share orinleresl in any conmct or crnploy mcnt wilh, by, or on behalf of, thc Board. (2) But a person shall not bc disqualified as aforesaid or be deemed to I~avcan y share or in~ereslin such contract ar employment as aforesaid, by rcason only of his having a sllruc or intcrest in- (i) any sale, purchase, leasc, or cxchangc of land, or any agrcemcnt for the same; or (ii) any agrccmenl Tor lhc loan of money, or any sccurity Tor Ihc paymen[ of moncy only; or (iii) any newspaper in which nny advertiscrnenr rehung la he afrairs of the Board is inscrled; or 'Scction Jh\ vs inscncd by s,2 or the How& lnipmrcmcnt (Arncndmrnt) Act. 1969 (\Vest Bcn. Acl XVlI or 1969). -The ix40rds" 'orclec~cJ"~vrrotm incd by s. 5 of hcH owmh Improvcmcnr (Amendmcn~) he IIO(I5 IIV,.rr Rrn Arl \'\rnr 100<\ Tlie Ho 1uru11I nrpmvetnenr Acr, 1956. XIV of 1956.1 (Ci~upfe/Ir. -The Board of Tr~rslee~~.-Secr~u6~-9ls. ) (iv) the occasional salc lo he Board, to a valuc nor exceeding two thousand rupces in any onc financial yeear, of any article in which hc rradcs; or by reason only of his having a sharc or inlcrcsr, olllerwise lhan as director, or sccrctay, manager or o~hcsra laricd oliicer, in any incorporated company which has any share or in~eresitn any conlracl or employment wi(h, by, or on bchall or, thc Board. (3) Thc S ta!c Govcrnnlcnt may, if it lhinks fil, remove by an order the disqualificntion mcntioned in clause (a) of sub-seclion (1) and shall do so if, in IIIC opinion of !he Srate Government, the offence does not involve moral ~urpi~ude. 6. (I) The Slate Govcrnmcnl shall appoint, by nolification, Appinlriwnt [[Mayor] ro be the Chairman or Ihc Board. or C h i m * * * * * * ?* s ofthc Board. 7. .'(I) The Chairman shall reccivc such monthIy "[honorarium or Rrrnulicn- allowance] as may bc fixcd by rhc Srarc Govcrnmc~~l. lion or Chimn. 8. Nothing in section 6 shalI be deemed lo prevent the Stale T~c~rn~po~r;l~ry~ Government from appoinring a salaried officcr lo bc thc Chairman of the Board in addition 10 his own duties as a remporary measure, in olliccra fkL':&, which casc such Chairman shall rcccive in addition lo his pay such allowanccs as rhc Statc Govcrnrncnr may fix bul shall no1 be entitled to receive he b[honorarium or allowance] mcnuoncd in scc~ion7 . 9. (1) IleS late Government may, afier consultation wih the Board, haveo f gram lcvve of absence to [he Chairman, or depute him to other dudes. ~$~~~~ for such pcriod as it thinks lit. ofl llc Chmm. 'The word within hesqunb nclrcls wassubs~i~urcTdo r hcw ords "apfrson" by s. 6(a)oT thr:Hoivr;rh ln~provc~~i(eAnmt end~wnl)A ct, 1995 (Wat Bcn. Act XV 01 1995). 'Sub-section (2) was o~niltcdb y s, 6(b),; bid. Sub-sec~ion( 1) wm substitu~cdf or thc original subs-scction by s. 6 or rhc How& Irnprovcmcnt( Ar~icndrnent)Act, 1983 (\Vest Ben. Act fill1o f 1983). 'Thcwords wihin thcsquarcbnckc&w crcsubslituled iorthe word "Salxy" by s.7(a) of thc How& Ir~~pwveme(nAtm endmcn1)Acr. 1995 (JVCSI Ben, Act XV of 1995). 'Sub-scctions (2). (3) md (4)r vcrc ornincd by s. 7(b)i,b irl. Thc w o k within he square bnckcrs wcrc subsliiuicd lor the words "Saluy nnd nllnwnnrr~"h v s R ihid Tlre Hoalrall lr~rprove~~Arcet~, ~19r 56. [West Ben. Act (Cliapter !I.-The Board of Trrrsrees.-Sectioas 10-12.) (2) Tl~ea llowancc (ii any) lo be paid to the Chairman while absent on leave or dcpu~arions hall bc such amount, not exceeding his '[honorarium or allowancc under subseclion (I) of secrion 7,] as may be fixed by thc Stale Governmenr: Providcd ha[, if the Chairman is a servanr of the Statc Govcmmcnt, the amounl or such allowance shall be such ns he may bc cnutled lo under thc conditions of his service under the Govcrnmcnt rclaling to rransrer lo iorcign scrvicc. Appnilil- 10. (1) When [he Chainnan is granted lcavc oi abscncc or deputed mcnr, trc. lo olhcr dutics or when the post of Chairman falls vacanr by reason of of ac~ilig. Chairman. his death, resignadon or rcmoval or otl~crwise,t he Stale Government ,maya ppoinr n person to act as Chairman for such period as it thinks fit. - (2) The salary and house-rent and conveyance allowance (if any) of any pcrson appoinled to act as Chairman shall be fixed by thc Sralc '* * * * *. Govcrnmcn~ (3) Any person appointed to act as Chairman shall cxcrcisc [he powers and perform he dutics confcrrcd and irnposcd by and under dus Acr on tbc Chairman, and shall be-subjecr ro [he same liabjliries, restrictions and conditions as hc Chairman. 11. Thc Board may permit any Truslee, olher than [he Chairman '* * * * *, ro absent himself from meetings or h eB oard for any pcriod not exceeding six months. Rt~uclvalof 12. (1) If a[ any time it appears to the State Govcrnmcnt hat he Chairman or Chairman has becn guilty of any misconducl or neglec~in hed ischarge Trusrm, of his dutics or has shown himself to be ohenvise unsuitable for the office. which renders his rcmova1 cxpedicnl, it may, after giving him an opportunity of showing cause against the proposed aclion, declarc, by notilicalion, that he shall cease to hold officc a thc Chairman. (2) The Slate Govcrnmcnr may, by notification, declarc ha1 any Truslce shall cease 10 bc a Trusrcc jf- (a) hc has actcd in conuavenuon of secuon 20, or (b) he has been absent from, or is unable 10 auend, hem eetings of the Board for any period exceeding six consecutive months, or 'Thc words, ligum and bnckru within thesquur: bnckcuwercsubsriruted forlheword 'sda~b~y" s. 9 olhc H o ~Irdnpr ovcnicni (Amcndmcnr) ACL 1995 (Wat Bcn. Aci XV of 199.5). 'The words and figure "subjcct ~othcpron'sionso f xclion 7" wereomitlcd by 5.10, ibirl, 'ThewTdS"QrhcC himanof hc Bdly Municipdity" wcrc first inscncd by s.7 olrhe Huwnh Improvement (Ameodmmt) Act, 1983 (West Ben. Acl XLIIl of 1983). ThereaRer, lhc wonk "or thc Chairman of thc Hownh Municipality or the C h h mo f the Bally Municiplity" were omitted by s. 11 of heH ownh Improvement (hndment) Act 1995 (West Bcn. Act XV or 1995). The Holvroh It~lpm~renlerArtc r, 1956. XIV of 1956.1 (Cltap~erI !.-The Board of Tnrsrees.-Sectio~rs 13, 14.) (c) hc has, without the permission of the Board, been absent from the meetings of the Board for any period exceeding h e ec onseculivr months, or (d) he is a salaried scrvant of he Governmenr, and if his continuance in oCIice as a Trusree is in the opinion or !he S~a!eG overnmen1 undesirable, or (e) in the opinion of the Slate Governmcnr hc has become incapable of acting as a Tmstee or has so abuscd his position as a Trustee u to rendcr his caniinuance as such derrimcntal to the public in~ercst: Provided that when the Starc Government proposes to take action under this sub-scction. an opportunily of showing causc ngains~t he proposcd aclion shall be given to the Truslcc conccrncd, and when such acrion is rnkcn, her easons therefor shall bc placcd on record. (3) Thc Statc Government shall, by no~ificaliond. cclarc !ha! a liusree shall cease to bc a Truslcc- (i) if hc incurs any of rhe disqualifications n~entioncdi n sccrion 5 aftcr his appoinlment or election, as the cast may bc, as a Trusree; or * * * * I* 13. If any Trusrcc bc pcrmiltcd by heB oard to absent himsclf from Filling of rneedngs of [lie Board for any period cxcecding thrcc months or if any ~, a,,ual Trustee, I* * * * * * *, dies, or resigns thc inccnin oiiicc oiTrustcc, or ccoscs lo hold Ihc office of Truslee in pursuance of a M. nolification published undcr scction 12, the vacancy shall be filled by a fresh appojntmen~o r election, m thc case may be, under secdon 4. 314. The term of office of [he Trustees, olher [han [he Chairman, Terrnol shall be hree years. 0lli~0r Trustrxs. 'Clausc (ii) was omiltcd by s.12 of thc Hawmh Impmvcmen~( Arnendrncn~)A cr. 1995 (Wrt Ben. Act XV 01 1995). Thc words "or of hc Bdly Municipality" wcnr rust inrficd by s. 9 of he Howmh Improvement (Amendmenl)Act. I983 (Wcrt Ben. Act XLIII 01 1983). Themher, the word< "orher Ihm rhc Chairman of ~hHco w& Municipality or of lhc Bay Municiflw' were orniucdby s. 13 olrhe Hownh Impmvrnlenl (&txndmznOAa, 1995 (West Ben-Act XVof 1995). 'Section 14 was subsliiutcd for originid sccrion by s.14, Bid. Prior 10 this substitution, there occumd following chmgci in origknl seelion 14, nmly:- (i) rhc words 'brI heChim.B dly Municipnlily" wcrcinserled by s. Iqe) ollhe HowdI~m provcmcnt (A~ncndmcni)A ci. 1983 (Wcsl Ben. Act XLllI or 1963), rrnd (ii) rhc rvods, bndrels and Icners "chux (c) or claw (I) or claw( g)" wuts ilkrimred for~herv ords. hnckels nnd Ieuers "clauscIc) orclni~se(d Y bv s. lab).; hid, Tlre Hou,rulr Itrrprovetrre~A~cr t, 1956. I\Vwt Ben. Act (Clruprer It. -Tlte Bond of Tr~rsfees.-Secrio~ls1 5, 16.) Colldrrcr of bvsilzess. .; hlc~iing 15. The Board shall mecr, and shall, from lime to time, make such of board. arrangcmenls wid1 rrspcct to tl~cp lace, day, hour, nolice, managemen1 and adjournment of their meeting, as they may ~hinkf it, subject lo thc following provisions, nan1cly:- (a) an ordinary mccling shall be hcld once at Icast in cvcry tnon!h; (b) die Chairman may, whenever he lhinks fit, and shall upon thc wril[.cn rcqucst of not lcss than lwo othcr Trustccs, call a special rnccting; (e) ~hechnirrnansh all ar~cndc vcry meering of [he Board unlcss absent on Icavc or prcventcd by sickncss or olhcr reasonable causc; '(d) onc-half of thc cxisting numbcr of the Trustccs shall makc n quorum for transac~iono f busincss at any mccling: Providcd tlkni no quorum shall bc ncccssary for an adjourned meeijng; (e) every meeting shall be presided ovcr by rhc Chairman and in his absence by a Trustee chosen by he memhrs presenl to preside over thc meeting; (Ij all quesrions shall be decided by a majority of votes of rhe Trustccs prcscnr, rhc person presiding having a sccond or casling vore in all cases of equalily of vorcs; (g) if a poll be demanded, the names of the Truslccs voring, and [he nature of their votes, shall be rccordcd by thc pcrson presiding; (h) minutes of !he proceedings of each meeting (together with the names of the Trustees prcsent) shall bc rccordcd and such rnjnures shall be read and signcd ar the ncxl mccring by rhc pcrson presiding at such meeling and shall be open Lo inspeclion by any Trustcc during office hours. 'Trn~ponry 16. (1) The Board may associate with themselves, in such manner aqEM.i3'i0n and for such period as may bc prescribed by rules made under section of~twnlkrs wi~hIII C 149, any person or pcrsons whose assistance or advice [hey may desire lor in carrying our any of h ep rovisions of his Act. p.uricular purposcf, (2) A person associated wirh thcmsclvcs by the Board under sub- scclion (1) [or any purpose shall have n righr lo takc part in the discussions or lhc Board relative to [hat purpose, but shall not havc a right to vote at a rneeling of Ihc Board, and shalI not be a membcr of rhc Board for any other purpose. 'Clausc (d) was substirutcd Tor thc original by s. I I of the Howmh Improvcrnent (Amendmcn~)Ac~1,9 83 (West Ben. ACIX LIIIof 1983). The Ho~vraliI ~~rprovenzeAt~crr. 1956. [West Ben. Act (Cl~nprer!I .-Tire Bonrd of Tnrsrees.-Secriotrs 19, 20.) 19. Subject to rhe rules made under section 145 in this behalf, every Trusree (other than the Chairman) and every person associated wilh he Board under secuon 16 shall bc enli~ledto receive a fee of '[Gr~yr upees], and cvcry mcrnbcr of a Conimiltee a fee of ?[twcncy-fivc rupees], for attending a rnceting of rhc Board or a Comrniucc at which busincss is rransacted: Providcd (hat a pcrson who is a salaried scrvant of rhe Stntr: or [he Ccntral Goi~cmmcnst hall not bc cnurled lo rcccivc any fcc as arorcsaid. Trustees and mocia~cd ~ucnlkrsof (a) has, directly or indireclly, by himscli or by any parrner, Uomd or any e~nployero r employee, any such share or intercst as is Corn~ililtw 1101 lo rakc described in sub-seclion (2) of secdon 5, in respect of any pmi n mailer, or pronrdinp inwhich they yu (6) has acted professionally, in rclarion to any matlcr, on behalf pcnonally of any person having [herein any such sharc or inrcrest as inlrwncd. aforesaid, shall not vote or take any olhcr part in any proceeding of lhe Board or any Comrniltcc rclating to such maucr. (2) IT any Trusrcc, or any pcrson associated wirh the B o d u nder section 16, or any oher member of a Conlmiitec appoinlcd undcr his Act, has, direc~lyo r indireclly, any beneficial intcresr in any land situalcd in an arca comprised in any improvement scheme framed under this Act, or in an area in which it is proposed LO acquire land for any of the purposes or [his Act,- (i) he shall, before taking par1 in any proceeding at a meeting of the Board or any Comrniuee relaung to such area, inform the person presiding at he meeting of he nature of such inrercst, (ii) hc shall not vole at any meeting of the Board or any Commit~eeu pon any rcsoIution or question relating to such land, and (iii) he shall no1 take any olher parr in any procccding at a meeting of the Board or any Committee rclating ro such area if the person presiding ar the meering considers it incxpedient [hat he should do so. 'Tkw ords wilhinthesquare bmckels weresubsti~utedf or the words "twenty rupees" by s, 13[1), d he How& Improvcrncn~(A ~ncnd~nenAt)c t, 1983 C\Vest Ben. Act XLIII or 1983). 'The words wi~hin~ hcsq uare bmkels wcre subsrirutcd lor rhc words 'tcn rupecs" by s. 1312). ibid. The Ho~~~Irttu~ptr~o vcn~etAllc t. 1956. '20A. The Board may, on behalf of any pcrson or the Siale Fbwcrof ", Govcrnmcnt, cxccutc any work or rcnder any service, not being a work h ex o e a c r u d t c to or scrvicc which is inconsisrcnt wilh ~hcpr ovisions of [his Act, in any ccmin arca lo which this Act applies on such lcms and conditions as may bc w 10 o r r r k n s d o c r r agrccd upan belwecn rhc Board and such pcrson or the SWc Govcmment, certain services. as the case may be: Provided [hat whcn any work is cxcculcd or any service is rendered on behalf of any person, no such work shall bc cxccutcd or senGccs rzndcrrd cxcepl wilh [he previous sanclion of the SI~LGCov cmmenr. 21. Thc Board may pcrform all such work and enter into and perform Powcr to a11 such canlracls as hcy may consider necessary or cxpulicn~f ~carrr ying out any of [he purposes of [his Act. contracts. 22. (1) Evcry such con tract shall be made on behalf of [he Board by Exxu~iono f the Chairman: conuacts md anproval Provided ~liat- orestikes. (a) a contract involving an expendi~uree xcecding ?[fir~y rhousand rupees] shall not be made by he Chairman wilhoul ~hpcr evi~uss anc~iono f rhe Board; and (b) a contract involving an cxpcndilurc cxcccding -'[~wen~y-five Iahs of rupees] shall not bc rnadc by the Chairman wilhout the previous sanction of the Board and or ~ h cSt ate Govcrnmcnt. (2) Evcry cstimate for the expendilute of any sum for carrying out any of [he purposcs of his Act shall be subject to the approval of he authoriry who is cmpowered by sub-secdon (1) lo make or sanclion [ha making of a conkact involving the expenditure of a like sum. (3) Sub-scciions (I)n nd (2) shall apply lo every variarian or ahandonmen( of a conmcL or csirnatc, as we1 I as to an original conlract or cslima~c. 23. (I) Every conmcl rnadc by thc Chairman on behalf of the Board Funk? provlsrom shall bc cntcred inlo in such manner and form as would bind h eC hairman a roerecu- ir such contract were made on his own behalf, except that he common ::;Lk seal of he Board shall be uscd (where necessary); and cvcry such conrnct ~ , j may in the like manner and form be varied or discharged. 'Section 20A w ui nscried by s. 3 of Bc Wcst Bengal Impmvcmenl Laws (Amcndmnk) AcI, 1972 (Wesl Bcn. Act VIII of 1971). Tl~lw:aonl\svi vilhin Ihcsqu~br;icl;cawcrcsubslir~~Ioordh crhevords'k huxtndrups'' by s. 141) oirhc Hownh Improvcmeot (Amendrncnr) Act. 1983 West Bcn. Acl XLIll 01 1983). 'Thc work within wresubsriturcd lorhw ords "one lakhof rupees" by s. l4(2), ibirl. Tlre Ho~vralrI ~~~prnvetaAecntt, 1956. [West Den. Act (Clrup~cr/I .-The Boonl of Tnrsrees.-Sccriotr 23.) (2) Every conlracl lor thc cxecu!ion of any work or the supply of any rr, marerials or goods which will involve an expenditure exceeding '[five rhousand rupees] shall bc in wiring, and shall bc sealed. (3) The common scal of the Board shall remain in the custody 01[ he Secrerary ro the Board, and shall nor hc ~Ffixcd!o any conrracL or other instrumcnt cxccp~in rhe presence or a Trusrcc {othcr than rllc Chairnun), who shall arlach his signature to the contracl or insrrumcnr in rokcn [hat rhe samc was scaled in his presence. (4) The signalurc of thc said Trustee sl~allb e in addition 10 thc signature of any wilncss to ~hecx ecution of such contracl or instrument. (5) A contncl not cxccutcd ns providrd in this section shall not bc binding on thc Board. 24. ( 1 ) The Board may dclcrminc cilhcr gcncrally for any class of cases or specially for any parricular case wherher a work should bc execu~edb y cunlract or o~hcrwisc. (2) When it is decidcd to cxccutc a work by contract or purchnse any malerials ar goods and thc cxpcnditure involved in such execution or purchasc is csrimilrcd to cxcced ?[five thousand rupees] [he Ch,7 i'm lnn shall, at lcasl scvcn days bcfore entering inlo such conlracl or making such purchase give nolice by advenisement in thc local ncwspapcrs invi~ngte nders Cor the samc: Provided [ha[ the Board may, at the instancc or thc Chainnan and with the sanction of rhc Statc Govcmmcnt, for rcasons to bc rccorded in the proceedings, authorise thc Chairman LO cnlcr inro a conlract without invi~ingt cndcrs: Provided further that every contracr madc by lhc Chairman involving an expendilurc cxuccding ?[Lhy rhousand rupccs) shall .bc reporled by thc Chainnan lo the Board wid~inf illern days aCter it is made. (3) In cvcry cast involving an cxpendi~urccx cccding J[lilty ~housand rupcesj in which lcndcrs arc invitcd, thc Chairman shall place before thc Board the specifica~ionsc, ondi[ions and cslimatcs and all thc rcndcrs rcceivcd, specirying rhc pnrricul,~t cndcr (if any which hc proposes to accept. "hc\vords within tksqum bnckurs wcnrsubs~itu~efdor hc+ vords" onc thousandrupccs" by s. IS oliheklounh Impmrcmcn~(Amndmnr)AcI.1 983 (Wcs~B cn. Acr XLlIlor 1983). Thct burtlr rvilhinrhcqm bnckcrs wrresuhiruted for Ihc words "one thouxu~dr up~," by s. I6 (a){i), ibid. 'Thcwards within thc squm bncketsuoeres ubsrituled Iorrhc rvords "onelhousmd rum and nor cxcccding thrcc thousand rup~.c%hy" s. 16 (a)(ii), ;bid. 'Thc wonk ~vithinhcbqm~k cls wcrcsubsri~utcdlo r rhc~vods'lhrccth ousand rup" hy s. 16(b), ;hid. Tlie Howraft I~np~vve~~lAscetl, tt1 956. (Cllnp~erIL -Tile Board of Trrurees.-Sectio~is 25-27.) (4) In every case in which hc acccplance or a icndcr would involvc ' an expenditurc cxcccding '[twenty-fivc lakhs of rupccs] and rhc Board propose to acccpl a rcndcr which is not rhe lowcsl lcndcr reccivcd, rhcy shall submit to [he Srarc Governrncnl h es pecificalions, conditions and eslirnates and all rhc tcndcrs rcccivcd, spccifying rhc pnlicular render which they proposc ro ncccpi wih rhc reasons for such proposal. (5) Nci~hcrt he Board nor [he S~atcG overnment shall bc bound to sanction thc ncccptancc of any rendcr which has becn made; b u ~[h e Board, or rhc Srale Govcrnmcn[, as [he case may be, may sanclion the ncceplancc of any of such lenders which appears to them, upon a view of all the circumsrances, to be the most advantageous, or may direcl [he rejection of all [he lcndcrs submitted lo ~lwm. 25. The Chairman shall take sufficien~s ecuri~yf or the due kcurityfor pcdomancc of cvcry conlracl involving an expendilure exceeding '[five $:~EF thousand rupccs]. 26. (1) Thc Chairman shall forward to rile Slale Government a copy Supply of or thc rninurcs of hc proceedings of each rnecting of the Board, wilhin &~mllls ten days rroni the dale on which the minutes of the proceedings of such inlomdon I meeting were signed as prescribed in clausz (h) of scc~ion1 5. t G o o th ir e m S ~ 1 u w c nt. i (2) If rhc Srarc Govcrnmcnl so dirccls in nny casc, rhc Chainnan shall forward ro il a copy of all papers which were laid before [he Board for consideration at any meeting. (3) Thc Slate Govcm~nenlm ay require [be Chainnnn lo rurnish il with- (a) any rcturn, statcmcnt, cs~imalc,s lalistics or other infomalion regarding any maucr undcr rhc conlrol of rhc . . Board, or . . (b) a rcporl on any such matter, or (c) a copy of any document in hec harge of [he Chairman. 27. The Board shall rrom lime ro lime preparc and maintain a Sttw~ncn~of srntcment sl~owing- drrnglh mJ rclnuncn- (a) thc number, designations and gndes of the officers and tionofsraff. scrvams (othcr lhan cmployces who .ue paid by lhe day or whose pay is chargcd lo temporary work) whom they considcr it necessary and proper to employ for [he purposes of this Acr, ITIic words within thcsyumbnckcts~vsrr:subsriru~rfdo rthe ~voR[S''oncI& olrupms" by s. 16(c) of thc Hownh l~nprovzriirnl (Amendmenl) Acr. 19S3 (IVrsr Ben. Act XLIll or 1983)- -7hc words wirhin ksquan:b nckcw~c nr subslitutcd Tor dm words "onc rhousand rupccs" by 5, 17, ;I);(/. T / IH~o nralr Intprovel~~nArrc r, 1956. [West Ben. Act (Clraprer 11.-The Board of Trrrslees.-Secriorrs 28, 29.) (b) thc amount and nalure of hc saIary, lccs and allowances lo be paid io cach oificcr and servant, and (c) he contributions payablc undcr sccrion 155 in respect of cach such officer and servanr. 28. Thc Board shall from time 10 drnc makc rulcs- (a) fixing the amount and nalure of [he security 10 be furnished by any officer or scrvant of the Board from whom it may bc dccmcd expedient ro require sccuri~y; (b) For regulating the grant orlcnvc of nbscnce, leave allowances and acling aIlowanccs lo the oficers and servanrs of rhc Board ; (c) for csrablishing and maintaining a provident or annui ty fund, Tor compelling all or any or h eo rficers or servants of [he Board (olhcr lhan any servanr of ~hGco vcmment in respect of whom a conrriburion is paid under seclion 155) to conlribute ro sucll fund, a[ such rates and subjeci to such condirjons as may be prescribed by such rules and for supplementing such conmibutions out of the funds of the Board; (d) for regulating compassionate allowance and gra~uiticst o oficcrs and servanls of the Board and imilies of deceased officers and servanrs; (e) prescribing rhc qualifica~ionsfo r employmcnr ns ofliccrs and scrvanrs undcr h eB oard; and (0 for regulating [he conduct of officers and servanrs of rhe Board : Provided thar a scrvanl of the Government employcd as an oficer or servant of the Board shall no1 be entitled to leave or leave allowances otherwise ihnn as may be prcscribcd by the condilions of his service under the Govcrnmenl relaung to transfcr to foreign service. po\vcrs of 29. !(I) Subject to any direcclions contained in any slatemcnt appolnltmnr, ctc,.in prcparcd under section 27 and any rules made undcr scction 28 and for whom ~htcim e being in force, the powcr of appoinling, promaling and gran~ing vcncd. lcave to officers and servants oirhe Board, and rcducing them in rank or suspending or dismissing them from scrvice for rnisconducl, and dispensing with their services for any reason other than mjsconduct, shall bc vcsted- (a) in the case of officers and servank whosc monthly saIary docs not exceed =[seven hundred and fifty rupccsl-in Ihe Chairman, and 'Seaion 19 was rcnumkrd as sub-seaion (I) of rhat section by s. 18 of lhc Hownh Irnpmvcnwnt (Amcndment) Act. 1983 (Wcst Bin.A aX lllI 01 1983). Thew ords within hc q u ab nckciii wcm subniiuted lorhh evords 'two hundrcd r u p " by s. 18(l )(a). ibid. (Cl~dprer1 1.-Tile Board ot Trrrsrees.-Sectior~s 30, 31 .) (b) in orher cases-in [he Board: Provided 1ha1a ny officer or servnnl in receipt of a monhly sali~rye xceeding '[five hundrcd rupees] who is rcduced in rank, suspended or dismissed from service by thc Chairman may appcal ro [he Board, whosc decision [hereon shall bc final: 'Provided rurllicr that [he Chairmnn or the Board, as the case may bc. may, with the previous sanction of the Slate Govcrnmcnt, place an oficcr or scrvanl under suspnsion whcrc a discipIinary procceding or a departmental enqujl against thc ofFicer or the servant is contemplated or is pending or whcre a case aginn such officer or servant in rcspcct of any criminal offencc is undcr invesiiga~on. -'(2) Notwithstanding any thing conlaincd in sub-section (I), ~hScla le Govcrnmcnt sl~albl avc powcr to appoint any person who is or has been in thc service of [he Starc Govcrnmenl 10 any post of thc Board carrying a monthly salary exceeding onc thousand and five hundrcd rupees: Provjdcd 1hu1r hc person so appoinlcd shnll be under the adminisr~tive control of [he Chairman. 30. (a) All slalcmcnls prcpared under seclion 27;so far as thcy rclalc ro officcrs carrying a salary oT more than '[one lhousand and five hundred rupccs] pcr mensem, (b) all rules made undcr ~IPU(bS), cCIa use (c), clausc (d), clause (e), or clause (1) of scc~ion2 8, and (c) all orders pssed by !he Board 5[under sub-seclion (1) of sccrion 291, and relating lo any olficcr appoinled to hold an nfice carrying a salary of more rhan '[one thousand and livc hundred rupccs] per mansem, exccpl ordcrs granling Icave to '* * * * * *, any such orfiucr, shall be subjccl to the previous sanction of the Starc Governn~ent. 31. Thc Chairnlan shall cxercise supervision and control over [he Control by acrs and proceedings of all oficcrs and servanls of rhc Board; and, subject Chairnu". lo thc foregoing sections, shall dispose of all queslions relating ro ~hc service of the said officcrs and servanls, and lhcir pay, privileges and allowances. 'Thc words wilhin tksqumb nckc~su c~subniruwdfo r rhcwonls "one hunddru~cs'' by s. 18(1 )(b)orthc How& hpmvcmcnr [Amndmrnr)Act, 1983 (Wcst Ben.Ac1 XLlll of 1983). 'The proviso \vim addcd by s. 181 I)[c), ibid. 'Sub-section (2)w ns inscncd by s. 18(2). ibid. 'Thc words wirhin Ihcsqum bncktts\~m:subsliruld Tor iheaonl5 "oncrhous;md wpm'' by S. 19(l). ibid. 'Thc words and figure< within rhc squm bnclic~sw crc subs~iruredf ar thc wards and figures "undcrscclion 19 by s. 19(?)(a), ibill. Thcw ords si~ht~ten s quuc bmlici~w ere subs~irutcdfo r IIX words "onc drownd r u w by s: 19(7,)lb), ibtd. 'Thc ihmnnl~o-'r. ~u~ocnd"i\vnc~m .nrni~rrrl hv E 1417llrl ilrid The Honrmlr I~l~prnver~~Aecrrr, l1 956. west Den. Act (Ciinprer !I.-T/I e Board of Trr rs~ees.-Secrio~l 32.-Clzaprer Ill.- I~llpt-overt~eSrc~i~t etrres.-Secriotr 33.) hlcfarion 32.

(1) The Chairman may, by gcncral or special order in writing, oi chain dclcgate ro l[lhe Chief Exccu~iveO fficcr] any of lhc Chairman's powcrs, pN-tfi, dulics and duries or funclions under this Act or any rule made hcrcundcr, cxccp~ funclions oi thosc conferred or imposcd upon or vestcd in him by scctions 15, 18,26, Ik Chair~rlan. 117, 121, 125, 127 and 161: Provided as follows:- (a) the Chairman shall no1 delegatc his powcr undcr scclion 22 lo make on bclialf of [he Board any conlracL involving an cxpcnditurc cxcccding ?[five lhousand rupees]; * * * * * * * ?* , (2) Thc cxercisc or discharge by J[the Chief Executive OFFicer] of any powers, dudes or iunclions dcIega!cd to him undcr sub-scction ( 1) shall be subjec~l o such condilions and limitations (if any) as may bc prescribed in rhe said order, and also lo conrrol and rev-ision by [he Chairnun. Improvement Schema; 33. (1) Tllc Board shall, as soon as Inay bc arter the coming inlo force of this Act, frame a sewage dhposal schcmc for Howrah and undcrrake all works and incur all expendirure necessary for carrying it into cffccl; and may from lime to time extend and add to [he size of lhe schemc. (2) The Board may, subjccl lo the provisions of [his Act, undenake any work and incur any cxpcnditure for the improvement and development of !he arca to which lhis Acl applics by framing and executing an improven~ensl cheme of onc of thc following lypcs or a combination or any ~ wOoF more of such lypes or of any special icaturcs rhcrcof, as may be ncccssary from time to time, namely:- (a) a gcncral improvcmcnl scheme; (b) a slreel schernc; (c) a brrsree i~nprovemenls chcmc; (d) a re-housing schemc; and (e) a housing accommodation schcmc. 'Thc words within hes quare bnckets were substirured for the words "my oOiccr of hc Board" by s. 15(a) of thc How& Irnpmvcmcn~( Amendmcnt)Acr. 1995 (iVesr Ben. Act XV or 1995). -%words within hcs quat bracke~weresubnitutcdf ork iords "oncrhoumdrupes" by s. 2C4 I) or lhc How& Irnpmremcnr (Amndmenr) Acl, 1983 (Wcsl Bcn. Act XLIll or 1983). 'Clauscs (a) and (b)w ere omiited by s. 20(1), ibid. 'Thc words within the square bncke~sx vcrc subsrirutcd Tor lhc words "any olticcf' by F I Tlhl nTrh+ Wnwnh Vrnnmvrrn~nr( Ain~nrlnirnA~rlf 1995 (WPCFI 1~nA rr Y\J nr l(lI)C\ Tile Holvrulr lt~~prove~~Acrte, ~1t9r5 6. XIY or 1956.1 (Cl~up~In~- I.-I~~~~~r~oJ~celriei~ze~n~re s.-Scctio3~4r,s 3 5.) 34. Whcn framing an improvemen1 scheme undcr section 33 in respccl of any area rcgard shall be had 10- (a) thu nalurc ~ n idhe condirions of nejghbouring arcas and of Howrah as a wholc; (b) the several direclions in which the expansion of Howrah appcars likcly lo takc place; and (c) the likchood of impravcment schcrnes being requircd for orhcr pads or Howrah. 35. (1) An improvemcnt schcmc nlentioncd in scction 33 may Mxicn ro k providc for all or any of the following mallcrs, namely- pmvied Tor in (i) lhc acquisition by ~ hBco ard of any land or orher properly in impmvcmnl rhc area comprised in [he schcrne or rcquired tor or affectcd schcnrs. by the excculion of the schcme; (ii) llie laying out or rclayjng out ol the land comprised in lhe scheme; (iii) the demolition, alleration or reconslruction ai buildings or pnrlions of buildings situated on ~hlca nd which ir is proposed lo acquire in the said area; (iv) [he conslruction of any building which ~ h Bco ard may consider neccssary ro erect for carrying out any of [lie purposes or h sA ct; (v) [he laying ou t. cons!ruction or alteration of streers (including bridges, causeways and culvcrls, if rcquired), and thc Icvelling, paving, mclalling, flagging and channelling of such srrcets and ~ hpcla nring of flowcr bushes or trees on h es idcs of such srreers; (vi) the scwering nnd draining of such succ~sa nd thc provision Ihcrein of wnlcr, lighting and othcr sanirary conveniences ordinarily provided in municipalities; (vii) rhc raising, lowering or levelling of any land in !he arca comprised in the schernc; (viii) he provision of i~ccommodationf or any'class of !he inhabitants; (ix) rhe provision of facililies for communication; (x) the Ibrmnhn and rctcnlion of open spaccs, gardens, parks, playgrounds, lakcs, ctc., and Lhc provision rhcrein of afile~ic tracks. recreation buildings and olher necessary aids to field or aquatic spons, arboriculture and any olher object which lhe Board consider dcsimblc lo providc for enhancing the bcaury of the arca or the enlcrrainment of the public; Tile Howmlr Irtrprovetne~rAr ct, 1956. [West Ben. Act (Cliupter Ill.-l~ripm~~emeSrrcl~1 emes.-Secriorrs 36-38.) (xi) controlling hc usc of land dcvclopcd by rhe Board by zoning or reserving areas exclusively for specilic purposes; (xii) any other mattcrs consislenl with [he provisions of tllis Act which rhc Board may rhink fit. (2) In addition to any of the provisions mentioned in sub-secrion (I), the sewagc disposal schcmc mcnlioncd in sub-section (I) or seclion 33 may provide for the constnrcrion of outhll works, pumping planls and scwngc trcalmcnt and disposal works togclhcr with ~hcco nstruction of such scwcrs and outfall channcls as may bc ncccssary for bringing he scwagc into the pumping plants and discharging the effluents. Duly of 36. When arcas are cxclusivcl y rcscrved for spcci fic purposes under Municipality clause (xi) of sub-seclion (1) of scclion 35 ir shall bc the duty of thc m to i p su re ~ v ro c : n r l Commissioncrs of the Municipaliry wirhin whose jurisdiction [he arca is 1mrvCd situate ro prohibit and prevenl their use in violalion of such purposes. m2.5. Whcn 37. Whcncvcr it appcxs to rhc Board, whether upon an official gcncnl rcpresen~ationm ade under sec~ion3 8 or willlout such reprcsent;luon,- i l m ix p nt m w- (a) that any buildings in any area whish arc uscd as dwclling schrm may plnccs arc unfi~fo r human habitation, or k Cnliicd. (b) {hat danger to the health of !he inhabilanrs of any arca or of a neighbouring area is caused by- (i) rhc narrowness, closeness and bad arrangemen1 and conditions of sueels or buildings or groups of buildings in such area, or (ii) the want of lighl, air, ventilation or propcr convcnienccs in such arca, or (iii) any athcr sani~aryd efects in this area, or (c) that any arc3 is undeveloped or has been developed wirhour a satisfactory plan or design and hat ir is ncccssary to develop or re-dcvclop i~ on a bctrcr plan after incorporating all or somc of the improvemenls menrioned in sub-sccrion (1) of section 35, the Board may pass a rzsolulion lo [he circct that a gencral improvement scheme as mcndoncd in sub-section (2) of section 33 oughl lo be framed in respect of such area and may hen procccd ro frame such a scheme. Auihority 38. (1) An official representation refemd ro in scction 37 may be lorliiaking made by thc '[Councillors or rhc Howrah Municipal Corporalion or of .an oficial any Municipality of Hownhl- rcpmenla- lion for a (a) of their own molion; or gcneml (b) on a wrirtcn comphint by the Health Officer of the irnpmvemcn~ schelre. ?[(Howrah Municipal Corporalion) or of thc Bally Municipalily]; or 'The words "orolrhc Bdly Municipdily" acrc first inscncd by s. 1 l(1) of hc How& I~nprovcmn(lA mcndmnr)Act, 1983 (\iksr Bcn.Acl XLIII or 1983).7hzmr1cr.I hr wo& within the squarc bnckcts wrw substituted lor !he \YDIJS "Commissioncrs at thlr Howmh hlunicipatily or or thr: Bully Municipality" by s. 16 (~){oi)t t he Hownh lmprovrmenr (Amcndlncnt) Act, 1995 (West Ben. Act XY ol1995). me words "or or thc Bdly Municipsliry" wcre lint inssncd by s. 21 ( 1) ofthc Haw& l~ilprovemen(t Amendmenl)Act, 1983 (It'cs~B cn. Act XLIII of 1983). Thtrralrtr, the words within rhc firs1 bnckers wcn: subs~i~urrTrolr ~hcw ords "Howmh Municiplity" by s. 16(a)(ii) of thc Hownh lnipmvcmcn~(A fncndmznt)Act1. 945 (W-I Bcn. ACI XV of I9951. Tlie Ho~vrakIt trprovea~enrA ct, 1 956. X W o f 1956.1 (Cllnprer III.-btrprove~~~Se~cl~ret n~es--Sectiotr3 9.) (c) in rcspccl of any area comprised in a municipal ward,--on a writ~enc omplaint signed by ~wenty-Fiveo r more residenls of such ward who arc liable lo pay either the owner's share or h eo ccupier's share of the consolidated rare leviable under BCILA CI 111 [he Calcutta Municipal Act, 1923, as cx~cndcdl o (he or 1913. Howrah Municipalily [[or of the Bally Municipality.] (2) If thc 2[(Councillors of thc Howah Municipal Corporalion or of any Municipalily of Howrah,) as the case nlay be,] decide not 10 make an official representabon on any complaint made to lhenl under clause (b) or clause (c), [hey shall cause a copy OF such complaint to be sent to thc Board, with a statement of thc rcasons for thcir decision. 39. (1) The Board shall consider cvcry orficial rcprcscnlalion made Col~idcn- lion of under scclion 35 and, if salisfied as lo [he correctness hereof and to the oficid sufficiency of their resources, shall decide wherher a general improvemcn~ Fpresen1* uom. scheme lo carry such representarion into effect should be framed iorlhwith or not, and shall forthwith intimate their decision to the councillors I of the Howrail Municipal Corporation or of any Municipality olHowrah,) as the case may he]. I (2) If lhe Board decide thar il is no1 necessay or expcdient lo irarne a genera1 improvement schen~ef orlhwi~h,t hey shall inform the 2[(Councillors of the Howrah Municipal Corporation or OF any Municipalily or Ilowrah,) as thc case may bc,] of the rc,?sons for thcir decision. (3) If the Board fail, for a period of six months aher the receipt of any oliicial reprcsenmtion made undcr section 38 to intimate heir decision thcrcon to thc =[(Councillors of he Howrah Municipal Corpora~iono r of any Municipality of Howrah,) as thc case may bc,] or if rhc Board jndmate to the =[(Councillors of [he Howrah Municipal Corporation or of any Municipaliry of Howrah,) as the case may be,] their decision hat it is not ncccssnry or cxpcdicnt to inmc a general improvement scheme iorthwith, Lhc '[(Councillors of thc Howrah Municipal Corporation or of any Municipality or Howrah,) as thc casc may bc,] may, il they think Lt, rcfcr rhe rnarLer lo the State Governmenl. 'ThcwordswilhinIhcquan: bnckc~s~vcirmc nod by s. 2L(1) ortheHowmh lrnpmvenicnt (Allicndllicnr) Acr, I983 (\Yes[ Bcn.Ac~X LlIl of 1983). -%c words "orof tht BdyM unicipality. asrkcnsemay bc," wcrc fin1 insencd in seclion 38(1).3 9(1), 39(2) and 39(3) by ss. ?I(?). 22(~1).22(ba)n d22(c). ~sgeclirzlyo, lthe Howmh I~~lprove~(wAnmle ndmcn~)Ac[.I 983 I\Vcsi Bcn. Aci XLIlI of 1983).n icrcalicr, ihc words within rhe first bnckrrs wsrc subs~iiulcdT or hc words "Co~n~nissioncrosr ihc Hownh Municipaliiy or oirhr Bally Municipality" in [he domaid scciio~~bsy, 5s. t6(b), 17(a), 17(b) and 17(c). rcspcct'ively.o fthe How& Irnprorrmnt (Amcndmcnl)Ac~,1 WS (WESI Den. Aci xv or 1995). The Ifovv-ah Itrrprovetne~irA ct, 1956. [West Ben. Act (Clraprer //I.-l~rlp~wverrrerrrS c1zerrres.-Sectio~~s 4042.) (4) Thc Slatc Govcmmcnt shall consider every reference made lo il undcr sub-scclian (3), and (a) if it considers that the Board ough~,u nder all the circun~stnnces,l o have passed a decision within thc pcriod mentioned in sub-secion (3), shall direcl [he Board to pass a dccision within such iurtlier period as it may think rcasonablc, or (b) if it considers [liar it is, urldcr all thc circurnstanccs, expedient [hat a schcmr: should forrhwirh bc framcd, shall dirccr thc Board to proceed fodhwith lo Franle a schemc. (5) Thc Board shall comply with every dircclion givcn by thc Slatc Govcrnmcnt undcr sub-section (4). 40. Whenever lht Board are of opinion thar, for ~hpcu rposc of- (a) providing building-sites, or (b) remedying dcfcctive vcn~ilation,o r (c) crenting new, or improving existing, mcans of communica- lion and facilitics for ~mffic,o r (d) affording bctter facilitics for conservancy, it is expedient lo lay our ncw s~rcclso r [o altcr existing streels (including bridges, causeways and culvem), [he Board may pass a resolution to thai effec~a,n d sllall hen procccd to frmmc a street scheme for such area as they [nay lhjnk fi~. Width 01 41. No srrcc~l id out or allcrcd by lhe Board shall be of less widlb ur~yls. ~han- (a) fony feer, if [lie steel be inrcndcd Tor carriage traffic, or (b) rwcnly fccr, if h cs ucct be intended for foot traffic only: Provided as follows:- (i) the widrh nf an existing street necd no1 be incrcascd lo rhc minimum rcquired by [his section, if he Board consider it ilnpraclicablc ro do so; (ii) no~liingi n this section shall bc dccmcd to prcvenr !he Board from laying out service passages for saniray purposcs of any widrh less than twenty feet. 42. (1) Whcncvcr it appears to the Board that ihc condition of a brrsree is insanilq or alrcndcd with risk oFdisease 10 the persons residing within [he area or in thc ncighbourhood of such busree by reason of h e manner in which huts and olher buildings are consmcred or crowdcd togclher or of wanl of drainage, sewerage or water-supply or of thc impracticability of scavenging or from any othcr cause, rhey may depu~e an officer or oficers 10 inspcc~a nd carry oul survey of thc arca and ro submit a report The Hoi~lrahI rrll~rvvenre~A~clt, 1956. XIV of 1956.1 (Cllrrpler IIl.-f~~~p~.ortSlc~lr~ete1rze~s.f- Secliot~s 43, 44.) (2) If the Board nre satisfied on rcccipl of such report or othcnvisc [ha[ the condilion of the brrstee is as mcn~ioncdi n sub-section (I), [hey may pass n resolulion to that cfrcct and sllall then procccd 10 i-mc a schernc lor [he improvenient of such area. (3) A schcmc prepared under sub-section (2) shall make provision for the pervious rc-housing of persons displaccd by the improvement of [he bratee and may,i n addition to any oi~hmc artcrs mentioned in scction 35. nlakc provision for all or any onc or more of [be following malrcrs, namely,- (a) he conslruction or srrects or passages within [ha area surficient in number and of sufficient width lo cnable [he proper scavenging of such arca and h ep rovision of IighBng of such slrcets and passages, (b) the construclion of drains and sewers in such rnanncr as lo render the arca sanitary, (c) [he filling up of tanks, wclls, dirches, drains or low lands and rhe construclion of ncw tanks or the re-excavation and improvcmcn[ of exisring tanks wi~hinth c ma, (d) the parlial or cnmpletc removal or denlolirion or any hut or buildings in the xea or [he a1 tention or rcconsrrucrion of any such hut or building, and (e) public water-supply, common bathing arrangenients and public privics and urinals for the use of the inhabilants of this area and ~ h clig hting of such cornnlon bathing arrangemenrs. privics and urinals. 43. Thc Board may frame schemes (in [his ACLc allcd rc-housing schemes) for the construcrion, mainlcnancc and managcmenL of such and so many dwellings and shops and orhrr classes of accommodation as they may considcr ought 10k provided for persons w h ~ (a) arc displaccd by thc execution of any improvement scheme snnclioncd under [his Act, or (b) are likcly to bc displaced by [he cxeculion of any improvcmcnt schcmc which it is intended ro Zmnle. or to submit lo thc Slate Govcrnmcnt for sancuon, under his Act. 44. Whenever the Board are of the opinion that it is expedient and Housing for the public good 10 provide housing accommodation for any class of 3cc01n- 111odaion persons in any area 10 which this ACLa pplies, the Board may f m ~ae xkW. scheme for the purpose 10 be called a housing accommodation scheme. The Holvralr Ir~~proven~Aecttl, ~1 956. [West Ben. Act Fbq~mlion, 45. (I) When any improvcmcnt scheme has been framed, the Bod publhiion shalI prcpare a notice slating- and Inns- rnission of (n) he facr hat thc scheme has becn framed, p Il o n l p ic r e n w ;IS - to (b) rhe boundaries of lhe area comprised in the scheme, and mnt (c) the place 31 which particulars of he schcrne. a map of [he srkliw. and supply or area compriscd in the scheme, and a statement of [he land documvnts which ir is proposcd.10 acquire and of h c land in regard ro tu npplic.m~s. which it is proposed to recover a bctrcrment fee, may be . sccn at rcasonable hours. (2) Tile Board shnll- li) cause thc said nolice to be published weekly for three consecutivc wceks in he OJfTcial Gazette and in local ncwspapers. with a statement of thc pcriod wirhin which objections will bc received, and '(ii) send a copy ol thc notice lo the ?[Mayor] to the Chairman or any olher Municipaliry constilu~cdu nder the Bengol ncn.Acl xv Municipal Act, 1932, in which, and 10 thc General Managcr 19-'?. of thc Calcutla Melropolilan Water and Sanilalian Authoriry and to thc Chief Execulivc Officcr of thc Calcutta MetropoIitan Dcvelopmenr Aulhorily under whose I jurisdiction, any ponion of [he area comprised in the scheme i is situa~ed. (3) The Chaimlan shall causc copies of all documcnis referred to in I clause (c) of sub-scction (1 ) to be dclivcrcd ro any applicant on payment I of such fec as may be prescribed by rule made undcr seclion 149. Tmsniis- '46. '[The Mayor,] Ihc Chainnan of any other Municipality, he Grnenl siun 10 Managcr of [he Calcurln Metropolitan Wntcr and Sanilation Aulhorily B o d or and rhc Chicf Execu~ivcO lficer of thc Calcutta Melropolitan mqmxnla- tion hy Development Authorily, lo whom a copy of the 'notice has bccn sen1 Municiluliiy under clausc (ii) of subsection (2) OF section 45 shall, within a pcriod of ur olllcr sixty days from thc date of reccip~o f the said copy, forward lo thc Board Iwd Auhorily. 'CIausc [ii)'wu subsiituwd Tor thc original clausc by s. 23 orrhc Hatvnh I~nprovemcnt ( - A '. m cndmmt)Acr, 1953 (We31 Hen. Act XLlll of 1983). Prior ID this subslilulion. thc words md lo rhc Gcncnl Managcr of the Cdcurta Mc~poli~iaV;nlr cr and Smitarion Aurhori~y wihin whose jurisdicrion," wcre insrncd in LhE original clau.cc. by s. 88(3)md Schcdulc 111. item B I, ofrhe Cillculrahlcvopolilan \Valerand Sanibtion Auhority Act. 19M(\Vesi Bcn. Act Xlll of 1866). 'Ihc word wilhin &~.qrun:b m kw as sukliruwd for Itc words "Chaimo ihH nwnh Municipdity. to LhcChzirmmof lhcBally Municipdi~y"bys. 18 olrk Hownh Irnpror~cment (AmcnJ~nent)Ac~19, 95 (West Ben.Ac1 XV of 1995). 'Scction 46 was Tar subsiirutcd lor heo rigind wction by s. 88(3) and Schcdulc Ill, itcm B 2. or the Cdcu~~Maz tmpolirm Wntcr and SmiIaIion Auihori~yA ct, 1966 (\Vest Ben.A cl XI11 or 1966. Larct. thc same tvx rcsubstiruted by s. 24 of lhe HotvFlh I~upmvcrnunt (Arnendmcnr) Act. 1983 (Wcsi Ben. Act XLIII of 1983). 'The words rviihin the squm bmcke~sw crc subsiituirct Tortk words "Thr Chirmm of ~hHc ow& Municipality, heC haimo lthc Bdly hlunicipdiry" by s. 19(a) olrheHownh Ii~inrnvcnwn(l Amcnd~ncn~)Ac1r9. 05 IiVt~tRt rn Arr XVnF 19rl5\ TIM Howral~I t~rprovemearA ct, 1956. XIV of 1956.1 (Cltapter IIl.-It~rpro vcrJrerIr Scl~etrres.-Seclio~ls4 7, 48.) any rcprcsentation which [[heM ayor, J thc Municipality or I he Aur hority may think fit wirh rgard to the scheme: Providcd thal any dirccuon issued by any aurhori~yc onstituud under Wcsl Ben. the Wcsr Bcngal Town and Counlry (Planning and Development) Act, A 1 C 9 C 7 X 9 I . I I or 1979 to thc Board as to the improvemen1 scheme BaH be carried out by thc Board. 47. (1) During he thirty days ncxt following the first day on which scniccof any tlotice is published undcr scction 45 in rcspect of any scheme, the no'iCC;Uj'O P W ~ Board shall serve a notice on- acoukilion or iand or (i) cvcry person whose name appcars in thc municipal ,,,,wDr asscssmcnt-booka s bcing primarily liable ro pay h co wncr's Mm-rmnl fec. sharc of rhc consolidated rate, or the rate on rhc annual valuc of holdings, as the cast may be, in respecl of any Iand which the Board proposc to acquirc in execuling h es cheme or in regard io which thcy propose to recover a bellennenl fee, and (ii) [he occupier (who nccd not be nand) of each premises or holding, enrcrcd in thc municipal assessment-book, which the Board propose ro acquirc in cxecu~ingth e scheme. (2) Such nolice shall- (a) state that the Boardproposc to acquire such land or ID mover such bet~crrnenfle e for the purpose of carrying our a general improvemcnr scheme or a street schernc, as Ihc case may be. and (b) require such pcrson, if he dissents from such acquisition or Fron~[ he rccovcry of such betlermenl fec, 10s tale his reuons in wriung wihin a period of thiny days rrom the service of he notice. (3) Every such notice shall be signed by, or by order of, [he Chairman. ~~~~~~~ 48. ?[The Mayor and the] Chairman of any other Municipality Furnishing Ben. ACI xv constirul~du nder Ihe BcngaI Municipal ACL,1 932, in any part of which of 1931, this Act is For the limc bcing in force, shall, rcspcctively, furnish he imm. the Board, a1 thcir requesl, wilh a copy of, or eracln irarn. the municipal ~ l ~ ~ c - assessmenr-book at such charges as may be murually agrccd upon. book. 'The rvods xilhin hq umb nckeu~ re hrtd by s. 19 (b) ofkH ownhIrnprovcmcni (Arncndmen1)Acl. 1995 (\Val Bcn.Acl XV 01 1995). Thc words ", rhcChairman oithc Rally Municipality" were Tiri nscncd by s. 25 or he How& Inlprovemenr (Arncndrnen~jA ct, 1983 (Wcsl Ben. AcC XLIIl of 1983). 7Iereafic.r. he w o kw ithin hcs qum bnckcls were substituled For the words "The Chairman olihe Hotvmh Municipali!y. the Chairman of thc Bally Municipdiiy and" by s. 20 olrhe Howmh ln~umvemnr(A nrndrnenrl Act. 1995 (\Val Rcn. Act Xv of 19951. The Howrah I~~~provemeAncrr, 1956. XfV of 1956.1 (Cltnprer III.-l~~rpr-avenictS~c~h e~~res.-Sectiol~51s -54,) ' 51. (1) Whenevcr llle Starc Govcrnrnenl sanctions ally schc~nc Nolifiaion submi~tedu nder seclion 43, jl shall announce the [act by notificarion, of sanction ro impruvc- and the Board shall forthwill1 proceed to excculc thc scheme. lmnt (2) Thc publica~iono f a notification under sub-sccrion (1 ), in mspccl schcm. of any schcmc, shall bc conclusive evidence Ilta! [hc schcmc has been duty framed and sanclioncd. 52. Al any ~i~nnficer any scheme has bcen sanctioncd by [he Statc Alrenrion Governmenl undcr scction 50 and before it has been cmicd into cxccution, orilnpmve- mnt thc Board may nller or cancel i~: schernc akcr Providcd as lol1ows:- smcuon. (3) if any alterarion is estimated to increase the estimated net cost of executing a scheme by more [ban Iivc per- cetzlrrrrr oi such cost, such al~crations hall no1 be made wilhour rllc previous sancrion oi rhc Stalc Governmenl; [b) if any nlicralion involves the acquisition, othenvisc lhan by ngrccment, of any land the acquisition of which has no1 bccn sanctioncd by [he State Govcrnmcnt. the procedure prescribed in thc roregoing sections of this Chapter shall, so far as applicable. bc rollowcd, as if lhc nllcrarion wcrc a scparare scheme; (c) if, owing to changes ~iladei n thc course of a scheme, any land no1 previously liable utrder h cs chcmc ta the paymcnt of a be~tcrmcnli cc, becomes liable 10 such payment. the provisions of sec~ions4 5,47 and 49 shall, so far as thcy arc applicable, be follo~vedin any such case; (d) no schcmc shall be cancelled without giving the Municipality or Municipalilics concerned an opportunily ro express their views wilhin sixty days of the reccipt of the notice of [he cancellarion nnd withaul [he previous sanction of the Srate Government. 53. Any number of artas in rcspccL of which improvcmenr schemes have been, or arc proposed to be, frarncd, may, ar any lime bc includcd in one comhined scheme. 54. (1) Whcncvcr any building, or any svcet, square or orhcr land, TmsCcrro or any part thereof, which- Bo.ud for purposcs of '(a) is si turned in thc Hnwrah Municipal Cnrpora~iona nd is improvcrm.nr vcsrcd therein, or scheme. of (b) is siluared in any parr of 'Iany Municipaliry of Howrah] buildingo r Imd resrcd Scn. Act XV constituted under rhc Eengal Municipal Act, 1932, in which in the of 1932. [his AcL is For [he time being in force, and is vcs~cdin the Colnnisc- ionrmol Co~nmissionerso f hat Municipality, Municiplli;~. 'Thc \vcrnl> '*or in tlls Bally Municipality" wcrc first inserled. in thc original claux (a), by s. 26of1h c Hoi~r~Imhp mvclncn! (Amend~nenr)r\ct, 1983 (\Vest Bcn. Act XLfIl or 1983). finally clausc (a) was substi~utcdT or the original clnusc by S. 2 I(a)(i) 01 rhc Howrah Irnpmvunlml (Ammdmtni) Act, 1995 ({Vest Bcn. Act XV of 1995). 'Thc words within thc square bnckcls IFCK subsiiiuird for thc words "any orher Municipality" by s, 2 I(n)liil. ;bid. T71e Howrrrfr I~~prwvc~At~crc, t1~9t5 6. [Wcsi Ben. Act (Cl~aprcril l.-Ir~rpmre~~~Secel1re nres.-Sccriot~ 54,) is within thc mca of any improvcmcnl schcmc and is rcquircd for the 9: purposcs GE such scheme, thc Board shall l[give noticc accordingly to !hc Mayor and the Chairman] of the Municipali~yc oncerncd and such building. slreet, square, other land or part, shalt thereupon vcst in h e Bod, subjecl, in the casc ot any building, or any land, noL being a slrcel or squarc lo the paymcnt of compcnsalion, if any, '[to [he Howrnh Municipal Corporation or Lhc Municipality concerncd, as the case may be,] under scction (3): Provided lhat ?Irhc Mayor or [he Councillors of hc Municipality concerncd, as the casc may be,] shall be alIowcd rcasonablc opporlunity to remove a1 thcirown cost any underground pipcs, cables or olher Fixturcs belonging to them, if [hey so dcsirc. (2) When any land, no1 bcing a street or squarc. vcsls in the Board undcr thc provisions OF subseclion (I) and the Board ~nakca dcclaralion hat such land will be retaincd by h eB oard only until it4[rc-vests in ~hc Howrah Municipal Corporarion or [he Municipality conccmed, as thc case may be,] as pal of a srrze!. park, lakc or garden under secdon 65 no compensation shdl be payable by the Board S[t.O heB owrah Municipd Corporation or h eM unicipalily conccmcd, as hec ase may bc,] in rcspect of that land. (3) Whcrc .my land, nol bcing a slrccr or square, or building vcsls in thc Board undcr sub-seclion (1) and no declaration is made by Ihc Board that thc land will be so retaincd, rhe B~ardsh all pay to 6[rhc Howrah Municipal Corporation or thc Municipality concerncd, as the case may be,] as compensaljon a sum cqual lo [he market valuc of h es aid land or building as on h ed ate of ~ hpcub licalion of the nolifica~ionu nder secdon 51 and whcre any building, siluated on land in rcspccl of which a declaradon has becn mdc by [he Board undcr sub-secrion (2), is vcstcd in the Board undcr sub-secdon (11, like compcnsalion shall be payable in respect of such building by rhe Board. 'TIE work within thequyc bnckcri wcre subnituted forkw ords"givc n~limh ingly tothe Chaim"b y s. ll(a)(iii) a r kH ownh lrnpmvcmcnr (Amendmcnt)Ac~.1 g95 (War Bcn, AcLXVo f 1995). Wwwordswi~hinIhes quarebncl;c~\vcn:substituredf orlhewo~'loLheCon~misi~ners orthe hlunicipality concerncd" by s. 71b)(iv). ibid. 'The words wirhin thesquw bnckets wcresubsrirurcd iorhcwords '-CommissioncsoI the Municipdily conccrncd" by s. 2I(a)(v). ibid. 'The words wi~hinB c squm bnckrts were subsururcd Ior rhe words "rc-vcsls in he Municipality concerned" by s. ?I (b)(i), ilrid. "h words wi~hinih e squm bmkclr, nrrcsuM~ukfdo r Ihc wo& "to heC ommiaioncrs of the Municipdi~yc onccmed" by s. 21 (b)(ii). ibid. The words wi~hinh cquarebmk&w zrcsubstitu~cdf orthcwonls'~hcCommissi~ners ~Fthehlr~nicinnlci~onvt crncd" hvs. 7,Ile). ibid. The Howroh 111zproverrre1A1tc t, 1956. XIV of 1956.1 (4) If. in any casc whcre thc Doard liavc madc 3 declaralion in respccl of any land u~ldcrs ub-scction (2), the Board rcrain or dispose of the land conrrxy 10 lhz tcrms of the declararion, so that the land does no1 '[rc- vest in rllc Hoivrah Municipal Corporalion or Ihc Municipalily cclncemcd, as the case may be,] as con~emplatedu ndcr such declara~ion,t he Board shall pay to :[such Corporation or MunicipaIi~y,a s [he case may be,] compcnsalion in respcct of such land in accordance with thc provisions of sub-scc~ion(3 ). (5) If any question or dispule arises- (3) as LO whelhcr compensation is payablc under sub-seclion (3) or sub-section (4), or (b) as ro the sulirciency of Ihc compensation paid or proposed 10 bc paid under sub-scction (3) or sub-scc~ion( 4). or (c) as to whettier any building, strce!, squnrc or olher land, or any pad lhereofis rcquircd for the purposcs of thc scheme, thc mnttcr shall be rcfcrrcd lo ~hcS we Governmcnr whose decision shall be final. 55. (1) All the lands acquired by the -'IHowrah Municipal b;nzdsn gh I or I x94 Curporu~iono r any Municipalily of Howrah] under lh6Land Acquiri [ion ACI, 1994, For rhcir drilinage scheme and described in Par1 A of schcmcro ::2,'hc Schcdulc 11, excluding tllc lands described in Par1 B 01 thc said Schedule, shall yes1 in thc Board. (2) The Starc Government may, by 4notificahon, altcr, add or cancel any enrry in ~hcsa id Schedulc. 56. (1) When any building, or any slrcct, square or olher land, or Provisi~n0 1 any part thereof, has vcsied in the Board undcr section 54, no municipal dnin or w~cnr.ark drain or wnlcnvork therein shall vesr in [he Bead until another drain or I0 rrplacc anolher watcnvork (LS the case may bc), if required, has bcen provided by thc sirumcd on Board, to the sacisfaction of rile '[Hownh Municipal Corporation or the land vcsled Municipality concerned, as rhe casemay bc,] in place of [he rorrnerdnin in r hc Board under or work. section 3. 'Thc words within hc squm bnckcrs wcn: subs~i~u~focrd t k words "re-vur in the Coi~~missioncrosr the Municipalily conccrnrd" by s. 21(d)(i) of thr Ho~vrahI mprovc- Incnr (Anlcndlneo~)A ct, 1995 (\Ves1 Bcn.Acl XV of 1995). The w~rdrjwirhinhsquanb:r akrlli wrrtsubsliluml forkw ords "such Co,nmissioocrs" by s. 21{1J)(ii), ibid 'Thc wurds "or ~hcBa lly Municipdi~y"w err: first inscncd by s. 77 of rk Hawrah Ilnprovrncnt (Arnendn~nt)A ci. 1983 (Wcsr Bcn. Act XLI11 of 1983). Themfrcr. he words within the squ~rcb nckrls WCN substilu~cdf or hc words "Commissioners ollhe How& Municipality or hcB ally Municipdi~y"b y s. 22 ofthe Hownh Improvement (Amcndmcni) Gcl. I995 (Wcsl Ben.Acr XV or 1995). 'Fornorilica~iona mending Schcdulc I1 to rhis Acl, Tee nolifiurion No. 8399/h4.H459, Ja~ed2 nd Augusl, 1960. published in thc Cakulw Grrzerre or 1960, Pm I, p~ggc2 787. 'The words wilhin the squm bnckcrr ~crseu hsli~u~c~do rhewo"~Cso ~nrnissioncsof thc Municipaliiy concrmed" by s. 23 of thc Howdl mprovclmn~( Amcndmcn~)A ct, 1995 (WcslBcn. ACIX Tof 1995). The Holvralr It~rpmvert~enArc r, 1956. [West Ben. Act (2) lr any quesrion or dispurc arises as to whether anothcr drain or watcnvork is required, or as to thc sufficiency of any drain or warenvork providcd by the Board, undcrsub-section (I), [he matter shall bc relerred to thc Slate Govcrnmcnl whose decision shall bc final. Unr to 57. (I) Sccdons 296 and 297, clausc (c) or scclion 306 and sccr ion applicalion 307 or lhc Calcutra Municipal Act, 1923, as cxtcnded lo [he '[Hownh Ben. Acllll ofctnain of 1923. xctiol~s Municipal Corporation], ?[and [he corrcsponding provisions, if any, undcr olthc ~hcBc ngal Municipal Act, 1932, as in force3(in any Municipality of Ben,AcrXV C M a u l n cu ic l i t p a a l Howrah,)] sllall not apply ro any slreet which vested in the Board. of 1932. Act, 1923.10 (2) Rules 4 and 5 in Schcdulc XVI 104[the Calcurla Municipal Act, SinrLs TCSIC~ in thc 1923, as extended to thc >(Howrah Municipal Corporation) and lhe Bod. corrcsponding provjsions or ~hcru les, if any, made undcr lhc Bengal Municipal ACI, 19321, shall not apply when any drain, pavclnenl or surface referred to in thc said rules is opened or brokcn up by the Board or when nny public sueel is under consvuction by 111e Board. Rcpir Y I ~ 58. Whenevcr he Board allow any strcet vcstcd in them to be used rvarcnng ror public rraff~c, O~SITCCIS crslrd in (a) they shall, as far a praclicablc, keep ~hsctr ccl in good repair thl: Board. and do all things necessary [or [hc sarc~ya nd canveniencc of pcrsons using it, and (b) they shall cause the steel. to k wmcrcd, if they consider it ncccssary to do so for the public convenience. 59. Whenevcr any drain in, or he pavement or surracc of, any street vcsrcd in the Board is opcncd or broken up by die Board Tor thc purpose vcstsd iu fhc of carrying on any work or whenever the Board allow any sueet which Bo.ud is they have undcr construcrion 10 bc used for public traffic, !he Board op~icdor bmken up shall cnusc rlle place to be fenced and guarded and lo be sumcicnrIy or why lightcd during lhe nigh(, and shall takc proper precautions for guarding SlKtl IS against accident by shoring up and prolecling adjoining buildings, and undcr cons~ruclion shall, with a11 convenient speed, complcrc Ihc said work, fill in the ground, aid spwdy and repair d~sea id drain, pnvcmcnt or surface, and carry away thc rubbish completion oruorli. occasioned thercby or complctc [he consuuction of the said strccr, as [he casc may bc. I'lhc rvords wilhin Ihc s q mb r3ckcE were suhs~itutadf orkt vords "klowr;rh Munitipiiry" by s. 24(n)(i)o f rhe H o dIm pmvcwnr (Arncndmcnr) Act, 1995 (\Vest Rcn. ACI XV of 1995). Thcwordsand figures wilhin rhc squsn: brackc~swcn:in scncd by s.28(a)oflhc Howmh Improvemenr (Amendrnen~)A CI, 1983 (Wcst Dcn. Act XLlIl of 1983). The words within thc firs1 bnckcrs rvcre substitutcd tor thl: words "in rhc Bdly Municipality" by s.ZJ(a)(ii) orthc Howrali In~provcnlcn(i Amcndment)Act. 1995(W&t Ben. Act XV of 1995). I 'Thc words and fiyrcs within rksquarc bnckca wcm subsli~u~cfodr hewords "thesaid Acr as cxlc~idcdt o rhc Hovmh Municipdiry" by s. 28(b) or the Howmh Improvement (Amendment)Act. 1983 (\Vesl Brn.Ac! XLIIl of 1983), 'The words wi~hinI hf rat brdkrrs wcrc suh~imicdlo r thc words "k1owr;lh Municiplity" ht. r qdlhl nrrhr Unl*,nhI rn-m?v.~rn+nIr~l r~vnrlnmrA\ rr 1995 IU'rrr Rm Art XVnF 1995) XIV of 1956.1 60. (1) Whcn any work refemd 10 in section 59 is bcing execurcd FVevenlion orrenriction by the Board in any public skeet vesled in them, or whcn any olher work oraizc wliich may lawfully bc done is being cxccutcd by the Board in any streel in s w r vested in them, the Board may direa tha~s uch sueel shall. during [he \*csled in Ih c Bod progrcss of such wark, bc either wholly or parlially closcd lo lralfic during gcncrally or to tralfic of any specified description. PmT=S alwok. (2) When any such dircclion has been givcn, the Board shall sel up in a conspicuous position in or ncar thc streel an ordcr prohibiring mffic to the extent so dircclcd, and shall hx such bars, chains or posts across or in the street as rhcy may think propcr for preventing or res~ricting balfic therein, afrcr norirying in local newspapers their inienrion to do SO. 61. Whcn any work is bcing executed by lhc Board in any public Rovision of succr vested in ~hcmt,h e Board shall, so far as may reasonably be facilities wbcn work practicable, make adequatc provision for- is exccutcd by Board in (a) [he passoge or diversion of lrafic; publicsmt (b) securing access lo all prcmises appro~chcdfr om such sucet; vesred in ~knc and (c) any drainage, watcr-supply or means OF Iighring which is inlerruprcd by reason of Ihc cxccution of thc work. 62. (1) The Board may- - Powcr o r Bovd to {a) turn, divcn, disconrinue ~hpcu blic use of, or permancnlly I,, nrclosc cIose, any public slrctt vestcd in lhcm or any pan lhcrcof, ~ublics-l or squwc or \ - ~ ~int d (b) disconlinue the public use of, or pcrmanentIy closc, any public square vested in Ihcm, or any part [hereof. (2) Whenever heB oard discondnuc thc public usc of, or permanenlly closc, any public srreet vesled in them or any parl hereof, thcy shall pay reasonable compensdion lo every person who was entitled, orhcnvisc than as n mei-e liccnsee, to use such slreel or part as a means or access and has sulfered damage Irom such discondnuancc or closing. (3) Whenevcr [he Board disconrinue the public use of, or pcrmanenlly close, any public square ves~edi n Ihcrn. or any pan thereof, they shall pay rcasonahle compensation lo evcry person- (a) who was cntided, olhcrwisc than as a mcrc licensee, to use such square or pan as a mcans of access, or jb) whose im~novablep roperly was ventilalcd by such squarc or part, and who has suffered damage,- (i) in case (a), irom such discon~inuaocco r closing. or (ii) in case (b), rronl the usc ro which h eB oard havc put such XIV of 1956.1 (ii) forward a copy of thc said nolicc LO any person whose name appcars in the municipal asessmcnr-book as being prirnari ly liablc lo pay [hc owner's share of the consolidarcd rare, or [hc ra[c on thc annual value of holdings, as thc casc may bc, in respect of any land includcd within the proposed public strccl or ~hpcr oposcd public park, and (iii) forward a copy nf the said nolice and of h ep lan lo which it relates to the '[Mayor, the Chainnan of any Municipaliry or Howrah] and, if any area in [he '[(neighbourhood of lhc Howrah Municipal Corporalion and of any Muncipalily of liowrall) is] ~ncludcdi n such plan, lo he Chairman of the local authority administering any portion of such arca, and (iv) causc copics of lhc said notice and plan lo be delivered to any applicant on payment of such Tcc as may be prescribed by mlc made under section 149. (3) On or aftcr a date (no1 being less than thirty days from thc datc of 111c firs[ publicalion of thc notice) to be appointed by the Board in this bchali, rhc Board shall consider- (a) all objections in writing received from any pcrson ~rfcctcd by ~hpcl an, and (b) any rcprescntation in regard to such plan madc to thc Board by rhc3[Hownh Municipal Corporalion or nny Municipalj~y of Howrah] of the aforesaid local authori~y, and rhc Board may [hereupon either widldrarv rhc plan or apply to the Stale Governnlcnl for sanclion thereto with such mdificalion (if any) as thc Board may considcr ncccssary. (4) If the Board apply for sancuon as provided in sub-section (3), lhcy shall simul~aneouslyfo rward lo thc Stalc Govcrnnlent a full slatemen1 of all objeclions and rcprescn~a~ianmsa de to [hem undcr rhc said sub- section. (5) When a plan as aforesaid has been submitted to he Stare Govcrnrnent under sub-sccrion (3), the Board shall cause norice of the fac~lo be published for rrvo consecutive weeks in the Oficiul Guzette and in local newspapers. 'Thc words ", 10 lhr Chsimlan ortht Bdyh lunicipdi~y"w ck fifil inscncd by s. 29(2)(a) olkH rnvdl rnpmvcn~cn(rA mRd~ncnl)AcL1 983 (\Vat Btn AaXLltl of 1983). Thcrcaltm, the wnrds wilhin thcsqua hrackru weresubstituted Torthc words "Chin~lmortkH ow& hlunicipdi(y, lo he Chairman of the Bally hluic~paliiy"b y s. ?5(b)(i) ol the Howmh ln~provzmsn(lA n~ndmcn1)AcL1 995 (Wmr Ben.Ac~X Vof 1995). Tllc r~ord"H~o ~vmbM unicipdi~ya nd o r kB ally Municipalily is" rvcn: his ubstiturcd lor tlic words "klownh Municipali~yis " by s. 29(2)(b) or thc Hownh Irnprovcmcn~ (Amendnlcn~A) ct, 1983 (\YCSLB cn. Acr XLlII of 19.53). Themfrrr, hew ords urirhin ihc Tmt br~chcrsn crc subq~i~ulro~rr tlh c words "ncighburhood olthr: Hownh blvnicipaliry and OF Ihs tlnlly hlunlc~pnlily"b y s. ZS(b)(ii) orlhc Hownh lmprovernenr [hrncndr~lcnrA) CI,1 995 (\Vcsi Ucn. Act Xvor 1995). 'The words "or thc Bally Municipaliiy" rwrc first inscncd hy s. 79(3) of ~hHco wr;.h I~~ipmvcrrwn(A! nlcndnxnt) Act. 1983 (War Ben.Acr XLIlI of 1983). Thrrcaller. ~hrc\ o~ds within tllc .square bncke~wr crc substirutcd Cor Ihe wurds "Conlmissioncrs or rk Hownh Municipal~tuy r the Bnlly Municipality" by s. 25(c) ortkH owmh ln~prnvcmcnr( Amcndnrnt) Acl. 1'145 (i1'2sl flrn.Acr XV of 1995), The Howrah Inrproverrretrr Act, 1956. [West Bcn. Act (6) The State Governmcnt may sanclion, ciher with or wilhout b modificalion, or may rcfusc lo sanc~iona, ny plan submiued to i~ under sub-seclion (3). (7) Whenever the Slate Governrncnt sanc~ionsa plan it shall announce the fact by notification and the publicalion of such notificalion shall be conclusive evidence that the plan has bccn duly made and sanctioned; and the proposed public swcct or public park to which such notifica~ionr crcrs shall be dccmcd LO be a projcctcd public steel, or a projected public park, a he case may be, and shall be so deemed mil- (a) such sweet or park has becn declarcd undcr sccdon 65 lo bc a public slrccl, or public park, or (b) thc said nolificalion has been cancelled by another nolificarion: Provided lhat such cancellation shall not arfcct thc validity of any action takcn by hc Board in pursuancc or h es aid nolificalion. (8) If any persons desires to erect. re-erect or add to any wall (exceeding ten feet in height) or building which falls wilhin the arca comprised in a projcclcd public park or rvilhin rhc slrecl alignrnenl or building line of a projecled public street shown in any plan sanctioned by the Slate Government under this section, he shall submil an application in writing to the Chairman for pcrrnission SO to do: Provided as follows:- (i) no such application shall bc necessary for pcrrnission to erccl or re-erect, between a building line and [he street a6gnmenl,- (a) a porch or balcony, or (b) along nor more than onc-rhird of the fronlage, an oulhouse nor exceeding fifteen fccl in hcight; (ji) nolhing in lhis sub-section shall relieve any person From Ihe liabjli~yt o obrain such sanction as it may be ncccssary ro obrain under any law for Ihc timc bcing in forcc from he local authority. (9) The Chairman shall in no casc rcfuse an application submitted under sub-secuon (8) if Il~ea pplicanl cxccutcs an agrccmcnL binding hi mscl la nd his successors in interest 10 remove, wilhour compensalion, any wall or building to which that applicalion relalcs, in hcc vcnL of h e Board- (a) deciding (at any Bme after a scheme hx been sanctioned under section 50 for an area wilhin which such building or wall is situare) [hat the said wall or building, or any portion thercof, ought to be removed, and The Howmk ltwproverrrer~At ct, 1956. XLV 01 1956.1 (6) calling upon the owncr far Ihc time-being, by wri~tcnn olicc, LO removc chc same within a lime (no1 being lcss ihan sixty days from hed ale olthc scrvjce ofdle nolicc) io be specihcd in ~hsca id nolice. (1 0) If heC hairn~and oes not, within thirty days from thc rccejpl of an apflica~ions ubmiltcd under sub-section (8), grant or refuse rhc pcmission applicd Tor rhereundcr, such perniission shall be dcemed !o have kcn grantcd. (I I) If thc Chairman refuscs pcmission to any pcrson lo erecl, rc- erecl or add 10 a ny wall or building as aforesaid which falls- (i) wii11in rhc slrcel align~ncnt of a projected public streel, or witliin a projccted public piirk, or (ii) belween thc strect alignmcnl and [he building linc of a pmjectcd public street, the owncr of the land on which il was sought lo crccl, re-erect or add to such wall or building, may call upon thc Board, at any rime, within three monhs from the date of such relusal cilher- (a) to pay him conipensation for any damage sustained by him in consequencc of such refusal. or (b) lo acquire so much of his land as falls within thc sueei alignment, or be~ween1 11es mcct alignmenr and thc building line ur wirhin lj~ep ark or spacc, as Ihe case may bc: and Ihc Board shall lhcrcupon- in case (a), makc lull compensa~ionr o he said owncr for any damage which hc may be found to have sustained in conscquence of such rcfusal, and in case (b), forthwjrh takc sleps to acquire thc said land: Provjded thar, in thc case of such land as falls within ihc street alignmcnt only, it shalt be optional wirh he Board to acquire [he sanlc in licu of paying compensation dlerefor. (12) An appeal shall lic to [he Board fram any refusal by thc Chairman lo grant m appIicalion undcr his secuon. 64. (1) The Board may, for the purpose of hc scwage disposal schemc Bomd [nay rcrcrrcd to in sub-scc~ion( 1) of section 33, make plans for the proposed deplms for fulurc extension of lhe scwage disposal si tc showing by reference to thc cadasual ,,,,,ion ,[ ... survey map or otherwise, h el ocalion, arca, cxlcnr and configuralion of sfivw , . . . thc lands no1 immcdiatzly required For sewagc ucalment and disposal disposal si~c. but likely to be so required in iuturc. (2) The lands rererred to in sub-secdon (1) may fall wholly wirhoul he municipal limits of Howrah or partly within and pady without such limits as the Board may think fit. The Ho~sr~rllr~ rrpmven~erArlc t. 1956. [West Ben. Act (3) Whcn the Board make a plan of a proposed exrznsion of d~e sewagc disposal site tllc provisions or sub-secdons (2) ro (6) of scclion 63 shall as far as practicable apply. (4) Whcn ~ h cS rate Government sanc~ionsw ith or without modifica~iona proposcd extension of he sewagc disposal sire ir shall announce thc (act by notification. The publicar ion of such noti licauon shall be conclusive evidencc that thc plan has bccn duly madc and sanciioncd and the proposed extension of the sewage disposal siic to which such nolificarion rcrers shall bc deemed LO be a projccted scwngc disposal sitc. (5) No ncw building or wnll sl~nlbl c ercc~edn or any cxisling building re-crccrcd or addcd lo on any land within [he projected scwage disposal sile but the o\\mcr of the land on which jr wns sough[ LO crcci, re-erecr or add (0t l~cb uilding or wall may call upon thc Board at any time either- (a) ro pay him compensation, or (b) LO acquire so much of his land as falls within the projccted scwage disposal sire, and thc Board shdl lhereupon- in casc (a), pay reasonable cornpensalion lo ~hocw ner, and in casc (b), Forthwith lake stcps 10 acquifc the land. Vistinp in 65. (1) When thc Board are of apinion- 'Il~toivralr hlu~~icipal (a) that any strccr laid our OF al~eredb y thcm has bccn duly Corponrion Ievellcd, paved. mctalted, nagged, channelled, sewcrcd and or any hluni- dmincd in the manner providcd in rhl: plan sanc~ioncdb y ci~;~loif~ y rhc Sratc Governmenr undcr scction 50, Hownl1.) LS rhv c.uc may (b) thar such lamps, lamp-posts or orher apparalus as are k.]o r necessary for rhc Iighting of such slrect have beet) provided, SIKCIS laid ULI! or and alrcwd.and u ~spnits (c) that wntcr and other sanitary convcniences ordinarily providtd. by provided in a niunicipality havc heen duly provided in such ihs board undcrnn street, i1n@wvcmcnt they shall repor1 [his fact ro tllc Commissioners of ~ h cH owrall SC~CIIE. Municipality and it shall bc the duly OF the '[(Howrah Municipal Corpora!ion or any Municipality OF HOW^^^,) as rhc case may bc,] wilhin Ilwcc rnon~laF rom rhc date of rcccipl of such report, oftcr such inquiry as they think fit to makc, eilller to dwlare thc strecl \o hc a public street by wri~!enn otice afljxcd in somc conspicuous posi~ioni n such strcct, 'Tbc tvords'brihc 8~1lyM unicipality.= thccaw may bc." were first inscncd. in sturion 65, by s. 30 or [he Hntvnh Ir~ipro\~tmc(nAlm cndnlcnl) Act, 1983 (IVesr Bcn. Aci XLIII (IT I9RB). ThereaT(cr [he words within rhc firs1 br3clicis wcre subsiilurrd for 11ic word\ "Com~uiss~ontofif [he Hmvd hiunicipali~yo r rhc Bally Municipality." by s. 26(n) or the HownlI~~ nprovciu~~(Anrrn cnd~llenA~)c r. 1495 (\\'csr Bcn.A cr XV of 1995). Tlre Ho\rlmll Intprovei~~oA~dr, 1956. XIV of 1956.1 (Clrnpter- III.-Itrlpro~~o1re,1S, cl~crrles.-Sccriol~ 65.1 ' whereupon such slreet shall1 vcsl in thc [(Howrah Municipal Corporauon orany Municipality of Howrah,) as the case may hc,] and bc maintained, kept in rcpilir, ligllted and clearcd by them; nr, if thc '[(Howrah Municipal Corparation or any Municipality of Howrah,) as Ihc cnsc may bc,] are of opinion that ccrtain works are requircdro bc donc hcforc sucll dcclara~ion may hc mndc, 10 require the Board lo complctc sucll works: Providcd as follows:- (a) no engineering or acuon~modarionw orks. not included in rile schemes s:~nctioncdb y the Staic Governnicn~u ndcr seclion 50, shall bc rcquircd lo be done by the Board except with 111u Iarlcr's consenr as a condition or such ~ransfcr; (b) wllcn cer~ainw orks in conncction wi~hth e street can be taken up orily al'tcr a lapsc or time lo allow forconsotidntion of roads or thc crcction of buildings on borh sidcs, the declnration sliall no1 be put off ill they arc completed, but sllall be madc, within rhc ~imcp rescribed under this suh- sccrion on thc Board giving an underlaking [ha!

they shall complete the works whcn askcd by ~I~e-~[(HowMrauhn icipnl , Corporation or any Municipality of Howrah,) thc cnsc ;IS may be,] lo do so. (2) As soon as thc works rcquircd 10 bc do~lcb y he '[(Howrah Municipal Corpornrion or any Municipality or Howrai~.a) s the casc may bc,] as aroresaid are cnmplcrcd, thc Board sllall repon the lac1 to thcm; and il sball be thcir duly to dcclarc thc strecl lu be ;r public strcc! by wri~renn otice arlixcd in somc conspicuous position in such strcct within two monrhs From rhc darc or receipt of the reporl, an thc cxpiry of which pcriod rhc liability of the Board lo maintain tl~cs lrccr and the slreet ligll~ingo r lo pay rhc municipal rarcs, if any. asscsscd on the lands comprised within sucl~s treet shall ccasc. (3) Whcn ;my opcn space, park, garden or lakc has bccn provided by thc Board in cxccuring any iniprovcmcnl sctlcmc, and die Board are or npinion that sucll open space. park, gardcn or lakc should be translemed lo thc Comnlissioncrs of the Howrah Municipality, lhcy may pas a resolution to that cll'cct, and such open spacc, park, garden or lake shall lhcrcupon \pcsl in and be ~naintaineda t lhc expcnsc or the '[(Howrah Municipal Corporauon or any Municipality or Howrail,) as he casc may be,]: Prt~vidcdt hat rhc: Com~l~issioneOrsF thc Howrah Municipality may rcquirc lhc Board. bcfore any such opcn spucc, park, garden or lake is [West Bcn. Act (Cl~crpterI ll.-Irrrprove~~re~Srrc lierrres.Secrio~l6 6.-Clropter I V- Acqrriritio~tc rird Disposal of L.uljrl.-Sectio~r 67.) umslcrrcd, 10 enclose, level, drain and lay oul such opcn space, park, pardcn or lake and provide foolpaths therein and, if necessary, to provide lamps and o~t~aeprp aratus for lighting it: Provided lurther that no open space, park, garden or lake transfcrrcd to thc '[(Howrah Municipal Corporation or any Municipality of Howrah,) as thc casc may be,] shall bc pcimanenlly closcd or Icascd out for building purposcs without thc prcvious approval OF thc Sralc Govcrnmcnt. (4) If any diffcrencc of opinion arises between [he Board and lhc '[(Howrah Municipal Corporation or any Municipalily of Howrah,) as the casc may bc,] in rcspccl of any martcr rcfcrrcd ro in thc rorcgoing provisions of [his section, the matter shall be referred lo [he Slare Government whose decision shall be 6nal: Providcd ha1 thc Sratc Govcmmcnt, in dcciding a dispurc regarding rhc taking ovcr by rhc '[(Howrah Municipal Corpora!ion or any Municipality of Howrah,) as Ihe case may bc,] of a public smcr, opcn spacc. park or gardcn providcd by rhc Board, may ?[direct hc Corporation or heM unicipalily, LS h ec ase may be,] 10t akc it ovcr within a specified date and ?[or the Corporation or he Municipalj~y,a s h ec ase may be, falling] to comply wiih [he direcrion lo pay lo heB oard the cost of ils maintenance from thc said specihd date ro rhe dale on which ir is raken over. 66. [Appticario~lo f secrior~6 5 ro ollrer Mrwicipali/iex.-Ot~~i~rebdy s. 27 oj rlie Howrah Itrzpro~~enrerz(lA nieridrizenr) Acr. 1995 (Wcsl Bell. Act XV of 1995)l. Acquisition and Disposal of Land. Pawcrlo 67. Thc Baard may, for canying out lhc purposes of this Act, and p 1f u i r w c h by m or with thc prcvious sanclion of he Statc Govcmmcnt- ~rccnmt (i) cntcr into an agrcerncnL with any pcrson for chc purchase. a o n cq d u r i o r e lmd or taking on Icase by the Board from such pcrson, of any under the land or any interest in such land; or l a d Acquisition Act. 1894. 'The words "or II-IC Bdly Municipality, u hwscn iay h." wcn: first inscncd, in section 65, by s. 30 or the Horumh ilhmpmvemen~( Amtndrnm~)A CI, 1983 (WCSI Bcn. Act XLllI of 1983). Theredtcr, thc words within Ihc firs1 bmckca wcre substituted Tor the words "Cor~~r~~issioofn rehne HowdM unicipality or hcB dyM unicipality" in sub-sefuons (2); (31, (4) md 'proviso lo sub-section (4)',by $5, 26(b). 26(c). 26)d)(i) and 7qd)(ii)(A). nspxtiv ely, of the Hownh lmpmvcnrnt (Arncndnlcnt)A m 1995 (WEI Ben. AaX V of 1995). Thc words within the square bnckcts werc subsri~utcdT or thc words "dirccr Ihc Commissioners" by s. 26(d)(ii)[B), ibid. 'The work wilhin II-sqIwC b nckw~e re subsulu~edf or the words "on he Commisionus idling" by s. Zd(d)(ii)(C), ibid. The Holvrnlr I~ilprovertietnA cr, 1956. XIV of 1956.1 (Chapter IF-Acqvisitio~l a11d Disposal of lnnd.-Sectiot~s 68-71.) - (ii) acquire land under the provisions of he Land Acquisi~ion I or I 841: ACL, 1894. 68. The power of rhc Board to purchase, lake on lease or acquirc Poweror land or any intercst in such land undcr section 67 may bc exercised not a B c o q x u d i 1 n 0 t :rn d only in respect of land falling within an irnprovemcnt scheme already rorf~lu~ improvcnmt fran~cdb ul also in rcspcct of land relating lo which the Board may SC~W. frame improvemcnl schemes in iulurc. 69. A Tribunal shall bc consliluled, as provided in scclion 7 1, Tor Tribunal 10 the purposc of performing [he functions of thc Coun in refercncc to the $-:: . . acquisition oi land for the Board under rhe Land Acquisirion Act, 1894. 70. For he purposc of acquiring land undcr [he said Ac[ for lhe Mdificaion Board ,- or~heLu nd Aquisilion (a) thc Tribunal shall (cxccpl for [he purposes of section 54 or Acr, 1894. I that Acl) bc dccmed to be thc Coun. and 11ie President of [he Tribunal shall be decmcd 10b e the Judgc, undcr rhe said ! Acr: (b) he said Act shall be subject to Ihc furlher midifications indicaled in Schcdulc I; (c) he Presjden t of thc Tribunal shall have powcr 10 summon and cnrorce the attcndancc of wilnesses, and to compcl rhe producrion ddocuments, by Ihe sarnc means, and (so far as may be) in L ~sCm c manner, as is providcd in thc case OF a Civil Coun under he Code or Civil Procedure, 1908; and (d) the award of [he TribunaI shall bc deemed 10 be Ihc award of Ihc Court under the said Land Acquisition Act, 1594, and shall bc final. 71. (1) The said Tribunal shall consist of a Prcsidcnt and two Consiilurion asessofi. orTribuna1. (2) The Presidenl of heT ribunal shall be cilhcr- (a) a pcrson who was or has becn a member of the Judicial Service as defined in dcIe2 36 of the Conslitution of India for at leal teh years and held a rank nor inferior lo that of a Subordinate Judgc lor a1 kart three years; or (b) a barrister or an advocare who has practised as such in the Calculh High Court for not Iess lhan rcn years. The Holvrul~i t~iprove~rrAec~t,~ t1 956. [West Ilen. Acl (Chapter IK-Acqrrisiriou arrd Disposal of Land.-Sectio~i 71.) (3) Thc Przsidenl of the Tribunal and onc of the assessors shall be appoinlcd by r!le Slalc Governn~cnla nd [he othcr assessor shall bc appoi~ltcdb y the '[Howrah Municipal Corporalion and thc Municjpdilics of Howrah] within thc Lime 6xed by [he Stale Government or in dcfault of thc '[Howrah Municipal Corporalion and [he Municipalities of Howrah] by ~ hSc~ alcG ovzrnlncni; Providcd that no person shall bc cligi ble for appoinlmenl as a mcmbcr of the Tribunal if he is a Trustee or is, Tor any or hcr casons men~ioncd in scc~ion5 . disqualified for appoinrn~cnla s a Trus~ec. (4) The Icrm of office oic ach membcr of the Tribunal shall be Lwo years; bur any nictnber shall, subject to the proviso 10 sub-section (3). be cligiblc for reappoinlmenr at the cnd of ll~atI crm: Provided thar n member who is an asscssor shall na bc cligible for reappoin~menlf or mom lhan a funher lerm or ~wyoe ars. (5) The Srnlc Government may, on llic ground oi incapacity or misbchilviour, or lor any other good and surficienl reason, cancel rhe appointmcn~o f any person as a melnbcr of the Tribunal afler ~ivingth e person an opportunity of showing causc againsl the proposed aclion. (6) Whcn any person ccnses for any reason-lo bc n membrr of the Tribunal, or whcn any mcrnbcr is temporarily absenl in consequence or ilIncss or any othcr unavoidable cause, rhc State Govcmment or (if h c person whose pIacc is to be fillcd was appointed '[by thc Howrah Municipal Carpomion or any Municipality of Howrah] the -'[Howah Municipnl Corporation or rhc Municipalily, as the casc may he. or] in default or the![said Corporarion or Municipali~y,a s thc case may be,] ibe Slalc Govermncnl shall fonhwith appoint a t7 t person lo bc a member in llis place. (7) All appoinlmcnt's madc under rlJs scc~ions hall be published by nolification. 'The words "and thr: Bally Municipality" wcn: first inscncd by s. 3111) of rhc Hotbh I~nprovc~nc(nAl n~ndmcnt)Acl1.9 83 (\Vut Bm.Ac\ XLIllof 1983), Thcw?firr,h c words within thc squarc bncli~tsw crc suhs(itutcd for thc wolds "Co~nniissioncno i1 11c Hownh Municipalily and rhc 8d1y Municipality" by s. 28(3) oflhc Howmh Impmr,c~nc.(nAl mdnlcnt) Acl, 1995 (\Vcs~B cn. Acr XV 01 1995). 'Thc w o k- 'and hhc Bally Municipality" werc fils[ inszncd by s.. 1?(2) of the Honnh I~~lpro\~crn(eAnlrr lendrncru)A ci, 1983(\Vut Bcn.AclXLlIIof 1983).~crc~~tcrw.o1rdhs~ within~lirs qum bnckcts rvcrrr subsliiuled for rk words "by thcCo~n~nissioncorTs Hownh Municipality and tlic Balls Municipality" by s. 28(b)(i) 01 thc Hotvnh Imprtwcn~cni (Amendnlcnl) Act, 1995 (\Vest Hen. AclXVof 1995). 'The words '-and rite BaUy Municipaliv" wcrc fin! inscnt'd by s. 31(2) 01 the Howd lrnprover~~e(nAt ~ncndmcnrA) CI1, 983 0k.1D cn. Ad XLltI of t 985). Thcrcdlcr. the \voids wiihin the squm bnckr~s\v trc substituted forlhc words "Cornrnissimrrs of rhc Howmh htunicipaliry and Ihc Ilally Municipalily, 01'' by s. ?S(b)(ii)o f lllc Hounh lrnpmvcmcnl IA~ncndmm)Ac1l,9 95 (\Vest 0m.Acr XVoT 1995). 'Tixrvods williin tksqum bnckcrs wcn:subslitutrd for kc wods"saidConunissioncs," by s. 28(b){iii)r,b irl, The Hcr~vrahI t~~prove~~Arccttt r1 956. XIV or 1956.1 (Clroprcr IK-Acqrrisitioa and Disposal of htrd.-Sectiwrs 72, 7-1.) 72. Each member of ~hTcr ibunal sl~allb e entillcd to rcccive such Rclnuncn- ilon of remuncrarion, either by way of monrhly salary or by way of fccs, or pmly ,,,,h,,r in onc of lhose ways and partly in the o~her,a s thc Srate Governmenr Tribunal. may prescribe. 73. (1) The Prcsidenr of rhc Tri bun31 shalI, from lime to time, prcpare Orficers and a srarenlenl showing- s T c ri r b vm un 1 a s l o , f (a) the number and gradcs of the cterks and othcr oificcrs and servants who he considers should bc mainlained for carrying on the busincss of 111c Tribunal. (b) thc amount of the salary to be paid ro cach such officer and servant, and (c) thc conlribuuons payable under secliun 155 in respecl of cach such officer and scrvnnl. (2) The President of the Tribunal shall, from lime 10 rime, milkc rules- (i) prcscribing the quatificalions, [he period and conditions of servicc, hc agc of supemnnuarion of thedfficcrs and scrvmrs of [he Tribunal; (ii) for rcgula~ing[h e grant of leave of absence, leave allownnczs and acting allowanccs to thc officers or servants of the Tribunal; and (iii) for eslablishing and maintaining a providcnt or annuiiy hnd, lor compelling all or any of the officers or servants of rhc Tribunal (othcr than any servant of the Government in respect of whom n conlriburion is paid under seclion 155) 10 contribule lo such Fund, ar such rates and subject to such condiuons, as may be prescrj bcd by such rules and, with the sancdon of thc Board, for supplcmcndng such conlriburjon out of Ihc Funds or the Board: Prouidcd rhar a servanr of h eG overnment employed as an orficcr or scrvanl of he Tribunal shall not bc cnli~lcdl o lcavc or lcnvc allowanccs olhcrwisc rhan as may be prcscribcd by the condirions of his scrvicc under the Governmcni rclnling ro uanslcr lo forcign scrvice. (3) No statemcnr prcparcd undcr sub-scc~ion( I) and no rule made under sub-section (2) shall havc any validity unlcss and until it is sancrioned by the State Government. (4) Bciore sanctiuning any such slarenlen t or rule, h eS rare Govern- men1 may modify it. The Holvrnlr I~~~proven~Aectt.r i1 956. [West Ben. Act (ClfaprerI V-Acqrrisirioa atid Disposal of Lar~d.- Secrio~u7 4-76.) (5) Subject to any directions contained in any slalenlcnt prepared I#, undcr sub-seclion (1) and any rules made under sub-scction (2) and for the time being in forcc. thc power of appointing, promaling and granting leave to oFficers and scrvanrs of rhc Tribunal, and [he powcr of rcducing rhcm in rank, or suspendi~~ogr dismissing them from service, shall vest in lhe President of rhc Tribunal. Paymtnlsb~ 74. Ttie re~nunerauonp rescribed under seclion 72 for members of Dn;lrd un rhe Tribunal. and thc salaries, Ieave allowances and acting allowances accou,,lo,- Tribunal. prcscriM undcr seclion 73 for officcrs and servanls of rhc Tribunal, shall bc paid by the Boxd lo [he Presidcnr of [he Tribunal For disuibulion: . . Provided ha^ when under the provisions of sec~ion7 8, rhc Cunclions of [he Tribunal arc pcrlormed by the Tribunal constiruted under secrion 70 of the Calculta Improvement Act, 19 11, thc Board shall pay to the ~cnA.C v ~ i Chairman of the Board of Trustees for the Irnprovcmcnt of Calculta such lqfl- 1 ponion or the remuneration of [hc assessors and of thc salaries and 1 - ' allowances of officers and servants or rhc said Tribunal as rhe Statc ! Govcrnmcn~m ay, having rcgard LO [ha work done by [he said Tribunal ~vilhre fcrcncc to the acquisition of land Tor the Board of Trustees for the Improvement of Hownh undcr the Land Acquisition An, 1894, determine I OT 1891. from lime ro timc. l'otvcr lo 75. (I) The President of [he Tribunal may, from rime ro timc, with makc rules ~hpcr evious sanction of the Stare Govzmmcnt, make rules, no1 repugnant fur Tribunal. to the Code of Civil Procedure, 1908, for rhc conduct of business by h e ACv~o f Tribunal. 1908. (2) All such rulcs shall be published by norificaiion. . 4 ~a~ t d 76. (1) For rile purposc or determining the orvnrd to be made by the Tribunal undcr the Land Acquisilion Acr. 1894,- drtcmincd. )' if there is any disagrccmcnt as lo rhc mcasurcmcnt of land, or the arnounl of cornpcnsation or costs to bc allowcd, the opinion of the majorj~yo ilhe members or rhc Tribunal shall prcvnil; (b) questions relating lo the delerminalion of the persons lo whom compensalion is payablc or rhc apporconmcnt OF compcnsa~iono r the invesrmcnl oi money deposircd in respect of Iands belonging to pcrsons who have no powcr lo alienare Ihc lands may be rried and dccided in the absence of the assessors if thc President of [hc Tribunal considers lhcir presencc unnecessary; and when so tried and decided. Ihc decision of the Presjdeni shall be deemed to be Ihe deciqinn nF l h T~ri h~innl.n nrl The Howrolr It~zpmvetwet~Atc r, 1956. XIV of 1956.1 (Clinp~cr1 K-Acqtrisirion nrtd Disposal ojLonr1.-Sectio~t 77.) (c) nolwilhsranding anyrhing coniained in the iorcgoing clauscs, the decision on all questions of law and proccdure shall rcst solely with the President or [he Tribunal. 12) Evcry award of the Tribunal and every order madc by the~ribunal for [he payment of moncy shall be enforced by the Courl of lie Disuicl Judgc oEHownh as if it werc a dccrcc of [hat Coun. 77. (I) An appeal shall lit to the High Court Irom an award made AP@, under [his Chapler, in any of the following cases, namcl y :- (a) where thc dccision is that ol the President of rhc Tribunal silting alone in pursuincc olclause (b) of sub-seclion (I) of section 76; (b) where [he dccision is that of the Tribunal, and (i) [lie Presiden~o f he Tribunal granrs a cenifrcate that he case is a fil one for appeal, or (ii) the High Courl grants special Icavc to appeal: Provided [hat thc High Court shall not grant such special Icave unless the Prcsidenl of the Tribunal has reruscd lo grant a ccrtificalc under sub-clause (i) and [hc amounl in dispule is not lcss than five ihousnnd rupces. (2) An appcal under clausc (b) of sub-section (1) shall on1 y lic on (one or nlorc of) the following grounds, namely:- (i) rhc decision being conu-ary to law or to some usagc having the force 01l aw; (ii) thc dccision having railcd ID determine some malerial issuc of law or usagc having tile force OF Iaw; (iii) a substantial error or defect in the proccdure provided by I I)[ 1591. ~hLca nd Acquisition Act, 1894, which may possibly havc produced error or defcct in thc dccision of [he case upon the mcrits. (3) Subjcct LO rlle provisions of subscclions (1 ) and (2), thc provisions ACI V or of !he Codc of Civil Proccdurc, 1903, wilh respect ro appeals from original 1906. dccrces shall, so far as may be, apply to appeals undcr this section. (4) An appcal under this scction shall be deemed (o be an appeal undcr thc Codc of Civil Procedure, 1908, within the meaning of article Ix of 19US. 156 of rljc First Schedule 10 lhc Indian Limi~adonA cr, 1908. (5) Thc Court of llie Districl Judgc, Howrah, shall, on applicntion. execulc any ordcr passed by [he High Court on appeal under this Act as if it wwrp n dm-rrr nf ihgr rnllrf The Ho~~.raIlttt~ p~wvertretArrc r, 1956. [Wcst Ben. Act (C11q)terI P-Acqllisiriot~ a~ldD isposal of lnrvh- Sec!iorrs 78. 79.) Sr.~rt 78. Notrvirlis~mdinga nything contained in sections 69, 71 and 72, Go\'crryllclll thc Slate Govcrnme~ltm ay, by notificnlion, dircct thal ihc Tribunal rn:iy ap$in~ I~LT'n bunnl conslitu~edu ndcr sec~ion7 0 of the Calcutta In~provemenA~c t, 19 I I, for Ben, Ac! V for Cnlcu~ra of 1911. ro bc 11v performilig the luncrions or the Court in reference to 111ea cquisi~iono f 'Tribunal Tor land for the Board of Trustccs for he Improvenlent or Calcutra shall in I4umth. additiun to thc durics assigncd to it undcr the said Act, perform the runclions of lhc Courl, in rcfcrence to [he acquisition of 1a11df or the Board or Trustrcs for the Irnprovcmenl of Howrah; nnd thereupon all rtfercnccs ro rhc Tribunal in this Act shall be conslrucd as references in the said Tribunal as if the said Tribunal wcre constiturcd undcr scction 69 or this Act. Abu~don- 79. (1) In any case in rvhich the Slatc Government 113s sanaioncd a tn c m qu l i s o i r ,i un I ~ aCcq uisilion or land, in any area comprised in an improvement scheme inconsidcn- which is no1 requircd For ~hccx eculion OC he schemc. the owncr or the tion oi land, or any person I~avinga n inrcrcsl lherein, may ~nakca n applicalion s&rid pfi?'nul", LO [he Board, requesling that the acquisition or the land should be abandoned in co~~sidera~oiof n[h e payment by him of a sum to bc fixed by thc Board in ~harb ehaIi. (2) 'Jhr: Bnard shall admit cvcry such application if it- (a) reaches them bcfore hc time fixcd by Be Collector. under scction 9 or rhe Land Acquisition Act, 1894, [or making l of I 891. claims in rcrcrcnce lo hc land, and @) is made by all persons who have jnlcresb in rhc land greater than a leasc for years having seven ycars lo run. (3) If the Board decide to allow any such application, they shall forthwith inform the Collector; and he Colleclur shall thereupon slay For a pcriod of tlucc months all further proceedings for rhe acquisilion of \he land, and the Boxd shall procccd to fix thc sum in considcra~ion of which the acquisition oi thc land may bc abandoned. (4) Wi~hin[ he said period of thee months, or. with [he permission of rhc Board, ar any lime bciorc [he Collcclor has takcn possession or he land, undcr section 16 of thc Land Acquisition Acl, 1894, rllz pcrson from whom thc Board have arranged to acccpl thc sum so fixed may, if heB oard are satisfied thal rhc security offcred by him is suficient, execute an agrcenlznl with the Board, eilher- (i) to pay thc said sum three years after the da~co f the npreemenl, or The Ho~rrahI~ l~provenrnA~crt , 1956. X W o f 1956.1 (Cl~np~IeVr-A cquisirion ottd Disposal of Lotrd.-Sectiorr 79.) (ii) lo Icavc the said sum outstanding as n chargc on his interesl in h cl and, subject lo the payment in perperuity of inrerest aL such rate no1 cxcecding '[lcn per certrrun per ar~nraa]a s rl~eS tale Governmenl may fix by notification, and to make the first annual paymenr of such intcrcst four ycars aftcr rhc date of the agreemenl: Provided tha~lh c Board may, at any time before rhe Collector has taken possession of Ihe land under section 16 af rhe Land Acquisilion Acl, 1894, acccpt immedialc pilymcnt of he said sum inslead of an agreemenl LIS aforcsid. (5) When any agreemenr has bccn cxcculcd in pursuance of sub- scctifln (4), or when any payrnenl has been acceplcd in pursuance of the proviso to thal sub-sccdon, in respect of any land, hep roceedings for [he acquisi~iono f [he land shall bc dccmcd to be abalidoned- (6) Every paymcnr duc from any person under any agreemenl cxccuted under sub-secuon (4) shall bc a chxgc on the intcresl of lhal pcrson. (7) If any instalmenl of jnrcrcst pay ablc undcr an agreement executed in pursuance of clausc (ii) or sub-section (4) be not paid on the date on which it is due, hes um fixed by thc Board under sub-section (3) shall be payable on that date, in addhion lo rhc said instalment. (8) A1 any rimc ahcr an agreement has been executed in pursuance of clausc (ii) of sub-secrion (4), any pcrson may pay off the charge created thereby, with intcrcsr, at the rale fixed under the provisions of that clause up to the date of such paymcnt (9) Whrn an agrecmenl in respecl of any Iand has bccn executed by any pcrson in pursuance of sub-sec~on(4 ), no suit with respect to such agreement shall bc brought agains~[h e Board by any oher person (except an heir, execulor or administnlor of 1he person firs1 aforesaid) chiming to have an interest in thc land. (10) Whcn an application has been madc undcr subsection (1) and llic Board are of opinion that [he whole or any pan of thc land belonging to ~hacp plicant is no1 requircd for he cxccution of the schernc bur that il is necessary hut some adjoining land should be purchased by hca pplicml and amalgamntcd with his land or thc porlion not so required, in order lo conform LO rhc genera1 layou1 of hes chcme, hey may permil he applicant to execule an agreement to purchasc [he adjoining land abovementioned and may at rhc smc ljme tix a fee in consideration of 'flit tvo& wirhin hc squarc brackets were subsururcd lor Ihc tvords "si~pe r ccrirurrr per atrn~rm"b y s. 33 of hc Howmh Improvemenr (Amcndrncn!) Acl, 1983 (West Ben. Arl Xl Ill nf 19R11 [West Den. Act which !lie land no! required ror the execution of the scheme may be excmpted horn acquisition. Thc price of the land sold together with the sum fixed as cxcrnp~ionk c shall lhcn be dcalt with in the manner provided in sub-scclion (41, and if rhe whole sum payablc or any part of it is kepl outstanding, it shall bc sccured as a chargc on hea pplicanl's inleres~in thc lola1 area of thc land sold to the applicant and of the land exempted. Sub-seaions (S), (7) and (8) shall apply to such agreemcnrs in the samc manner as in thc case of toial abandonment under thc foregoing provisions of his section. Bctlennnrr fee. 80. ( I) When by [he making of any improvemen[ schcmc, olher rhan a scwagc disposal schcmc any land in he area comprised in the schcmc which is not rcquired for thc execulion thereof will, in heo pinion or thc Board, be incrcascd in value, thc Board, in framing the schernc, may, in lieu of providing for Ihc acquisition of such land, declare [hat a bcuermenl fee shall be payablc by the owner of hc land or any person having an inkrest therein in respect of ~hcin crcasc in vlaue of the land rcsulling from the cxccurion of the schemc. (2) Such betrcrmcni fee sliall bc an amounl equal to one-rhird of thc incrcasc in value of thc land rcsul~ingf rom the excculion of [he schctnc, and sllall be calcularcd upon rhe amount by which the vlaue of 111e land on rhe complclion of the execution or hc scheme estin~atcda s if thc land wcre clear of buildings cxcccds [he value OF thc land prior ro Ihc execulion of the schcmc eslimaled in like manner. h'cslicnl 81. ( I) Whcn it appears to lhc Board that any particular scheme is olk ~tcmrcn~ fcc by sufficiently advanccd lo enable thc amount or rhc bctlcrmenL fee to be ~oard, deterrnincd, thc Board shall, by a resolution passcd in this behalf, declare ha^ Tor tllc purpose of determining such icc thc cxccu~iono f [he scheme shall bc deemed to have been complctcd and shall lhcrcupon give notice in writing lo every pcrson on whom a no~icein rcspecl OF the land lo bc assessed has bccn scrt~cdu nder clause (i) of sub-seclion (I) or sccrion 47 that thc Doard propose to assess the amount of thc bct~crrncnfte e payable in respect of such land undcr section SO. (2) The Board shall [hen assess [hc amount of betterment fec payablc by cach pcrson concerned after giving such person an oppor- runiiy lo be heard and such person shall, within ltrree rnonlhs from thc dale of reccipl of norice in writing OF such assessment From ~hcBo ard, inform thc Board by a declaration in wiling whether he acccpls or dissenb from the assessmenr. (3) When [he assessment proposed by he Board is acceptcd by lhe person concerned within the period specified in sub-seclion (2), . 1 . .. . .1..11 1.. r .1 XIV of 1956.1 (Clruptcr IV-Acqrlisifiorr arrd Disposal oJLarid.--Sectiorr 82.) (4) If thc person concerned dissents from the assessment made by [he Board or fails lo give the Board h e informarion reqlrircd by sub section (2) within he pcriod specified herein, the matter shall be delermincd by arbjlra~orsi n rhe manner provided by secdon 82. 82. (1) For [he dctcrmination of h e m ailer referred lo in sub- Sctdcnwnl section (4) OF secrion 8 1, Lhc SI~ICG overnment shall conslilute a panel olbcnennenl rfcby of arbitrators consisting of two pans, he first pas of which shall bc dirmors. cornposcd of persons having special knowlcdgc of Ihc valuarion of land and the second part of orhcr suitablc pcrsons. (2) When the Board havc, in accordance wilh the provisions of section 8 1, assessed the amount of kucrmenr fee payable by all persons in respecl of land in he arca comprised in the scheme, the Board shall serve a nolice on all thosc pcrsons who havc dissenied from the assessmen1 made by the Board, requiring hcm to mcct ar such time and place as may be fixed by thc Chairman for Ihc purpose of elecung an nrbitrator. (3) For each scheme therc shall bc a body of two arbilrators, one of whom shall be elected by vorc by hc persons presenL at the meeting rcrcrrcd to in sub-scclion (2) from one pan OF the pancl, and rhc orher shall be appointed by (he Starc Govcrnmenl from the oher part of the panel: Provided [hat for the purposes of a particular scheme the State Covernrncnt may, prior to the eleclion referred ro in this sub-scction, if it thinks Lil, modify either part of the panel. (4) In thc evcnl of a difrerence of opinion on any matter betwecn Lhc ~woar biualors, a rhird arbib-ator who shall act as an umpirc shall be selected by 101 from the first pad of the panel, and Ihe decision of the umpire on [he marter shall bc final. (5) If an slrbiirihlor dics, resigns, bccomcs disqualified, is removed undcr sub-scction (6), or rzfuses lo pehrm or in he opinion of thc Smle Govcrmnent neglects ro perform or becomes incapable of pcrrorming his hnclions, the authority who elcctcd or appoinlcd him shall for~hwilh clccr or appoint a fit person to takc Ihc placc of such arbimlor. (6) If the Stale Government is satisfied aRer such inquiry as il rhinks fil ~har[h e arbirrator has misconducted hirnselr, it may rcmove him. (7) When an award has been made under [his scclion by [he arbiuarors or thc umpire, as thc case may be. thc award shall bc signed by thc arbiaators or thc umpirc, as the case may be, and shall be rorwarded by the arbitrators to the Baard, and such award shall, subjccl lo the provisions of sub-section (S), bc final and conclusive and hind in^ on all ncrsons. The Howmh i~~~pmveAncwt, ~1r9 56. [West Ben. Act (Chapter IK-Acqeisiriotr arld Disposol of Ln1td.- Sectior~s8 3-86.) (8) IF the State Government is satisfied, aher such inquiry ns it thinks fit, [hat an award has becn improperly procurcd or !hat an arbitrator has misconduc~cdh imself in connection wilh an award, !hc State Government may set aside the award. 83. The Board shall pay to each arbitrator a fee 10 bc dclem~inedb y hcS tatc Governmcnl in respect of hc whole OF [he schcmc for which his serviccs are ulilized. 84. No~withs!andinga nything contained in any other enactment rhe proceedings of mbilrators under sec~ion8 2 shall be governed by rules lo bc made in this behalF under secuon 148: Provided [ha1 cvery party ro such proceedings shall be entirled lo appcar before the arbitrators either in person or by his auihorised agcnt. B o dl o 85. When the amount of all betterment Fces payabIc in rcspecl of givc noolicc land in h e arca compriscd in the scheme has been delemincd under 10 pcl3ons liable ro scction 8 1 or scclion 82, as the casc may be, thc Board shall, by a nolicc pllyrrrnt of in writing ro be served on all persons liable to such paymcnl, fix a dale hcllcntbcnl CM. by which such payrncnl shall be made, and interes! ai hc rate of six per cerrtrrnr per arv~ttnru pon any mount ouhtanding shall bc payable from that datc. 86. (1) Any person liable to the payment of a beltennent fcc may, a1 his option, instead or making a payment hereof lo lhc Bod,e xeculc an agrecmcnt with he Board Lo leavc the said paymcnt outstanding as a charge on his interest in hc land. subjcc t io the paymcnt in perpelu ity of interest at rhe rate of '[ten per certrrrm per anttun~],[ he first annual payment of such intcrest lo be made one year from the date referrcd lo in seclion 85. (2) Every paymcnt due from any Frson in rcspect of a bzltcrrnent fee and cvery charge rclcrred to in sub-section (1) shall, notwithstanding anyrhing contained in any other enacUnCdt and nolwithstanding the existence of any morlgage or orher charge whcthcr legal or equitable, be the i-~usr charge upon hei ntercsr of such person in such land. (3) The provisions of sub-sections (7), (8) and (9) of secrion 79 relating, in the case of [he paymcnts rnentioncd in that section, to the non-payment of inslalmen~so f intcrest, the paying off of h cc harge with inleren and the reslricljons in respect of suits against the Board, shall apply, ~t~uratnis~ ritutldisl,o [he payment of !hc money payabIc under an 'The words wihin heh zqum bnckets wre substi~u~eldo r lhc words "six per ctnrunt per onnuni' by s. 34 of the How& Improvcmcnt (Arnendmenr) Act. I983 (West Rm Art YT IVT -F I O*?I The Ho~vrahi n~provemex~Arc t, 1956. XIV of 1956.1 (Cl~aprerIC I-Acquisitiotr artd Disposal oJLo11d.- Sectioris 87-89.) agrecmcnt made in pursuancc of sub-section (1) and of the interesl - payable in respcct thcrcof. Recove7 of special payxtietrts arld betrent~e~flete s. 87. All moncy payablc in rcspccr of any land by any person under an z R~ y ov " er '&OyF agreement execuled in pursuance of sub-scction (4) of scction 79, or by any pcrson in rcspccl of a bcllennenl fee undcr sec~ion8 1 or seclion 82, pursu~ao:r or by any person under an agreement eneculed in pursuance of sub- ;;l:lE::.' section (1) of section 86, shall be recoverable by the Board (logeher 86. wirh interest due, up to the dare of realizarion, which shall, in Ihc case of bellerment fee undcr scclion 81 or scction 82, bc at thc ratc of [[ten per cetltrrrn per a~~rzrrrrfrr]o, m hc said person or his successor in Ben. Act 111 inlercst in such land, in thc rnanncr provided by thc Calculla Municipal of 1923. Act, 1923, as cxtcndcd lo ~hHco wrah Municipalily, for the recovery of [he consolidated rate; and, if nor so recovered, ~hCch airman may, afler giving public noticc of his inlcntion to do so, and no1 Icss than one monlh aficr rhc publjcalion of such notice, sell [he inreres~o f the said pcrson or his successor in such land by public auction, and may ddeducl the said money and the expenses of the sale from- the procccds of rhe sale, and shall pay the balancc (if any) lo ~hcdc faullcr. 88. Thc Board may dircct by what authorily any powers or duties 8oani to gFier incidcnr undcr the Calcuua Municipal Acr. 1923, as extended lo ihe Hownh Municipality, lo the enforcement of any process for the recovery cnfonrmrnt of the consolidaed rate shall be exercised and performed when thal $?rr~ry proccss is employed under secuon 87. oiduls. 89. If any land, in respccl OF which an agrecmcnl hiis bccn cxcculed Agrcc~ncnt or n pymeni hiq bccn accepied in pursuancc or sub-scction (4) ofsccrion ~~~~~~r 79. or in rcspccr of which thc paymcnl of a bcrtcrrncnt fee has been acquisition accepted in pursuance of sub-section (3) of seclion 81, or, has been ~~~~~~h made af!cr ib determinauon under seclion 82. or in respect of which an agrccmcnr for such payment has bccn execurcd under section 86, be subsequcntIy rcquircd for any of thc purposcs of [his Acl, (he agreemenl or paymcnt shall nor be deemed lo prevent the acquisition of rhc land in pursunncc or a iresh declaration published under seclion 6 of the Land 1 01 189-1. Acquisition Acr, 1894. 'Thc words ivilhin the squm bnckcts wcrc subsriturcd for rhc rvords "six per cenrlrnr per rrr~nirrrr" by s. 35 or the Howmh Improvcmcnr (Amendment) Acr, 1983 (\Vest Ben. Acr XLIIl of 19831. Tile Ho~vralrI r~rptvvee~rrr1~ A cr, 1956. [West Ben. Act (Clraprer IK-Acqrrisirioli atrd Dispowl oJLotid.- Secriotu 90,9 1.) Disposal of land 90. (1) The Board may rctain, ormay let on hirc, Icase, sell, exchangc or orhcrwise dispose of, any land vested in or acquired by lhcm undcr this ACI. (2) Whenever the Board decide lo lease or sell any land acquired by them under Ihis Act from any person. ~hcys hall give noticc by advertisement in local newspapers. . l(3) No~\vilhslandingm ything con~aincdin sub-seelion (2) or in any othcr provision OF this Acl whcn =[theS utc Governn~ento r n Govcrnmenl undertaking or] the Calcultn Metropolitan Developmenl Aulhority cons~itutedu ndcr the Calcutta Mctropoliran Dcvelopmenl Aurhorily Wcst Bcn. Ac!, 1972 (hcrcinaher referrcd to as the Au~hority)o r the Wcs~B engal ACI XI or 1972. Housing Board constiluted undcr the West Bcngal Housing Board Act, \Vest Ben. 1972 (hereinafter referred ro as hcH ousing Board), requires any land Act XXXIl 01 1977,. vcstcd in or acquired by the Board under this ACI,f or cmying out any of thc purpobes of heA CI undcr which thc Authori~yo r the Housing Board, as [he casc may be, was constilured, the Auihority or the Housing Board, as Ihc case may bc, may ask [he Board to-let on hirc, lease, sell, cxcllange or otherwise disposc of such land to itself and ~hcB oard shall comply with such demand and hhwith rransfcr possession of such land in favour of rhc Authorily or 1hc Housing Board, as the case may be. '(4) The amounL of consideraLion at which any land shall be Ict on hire, Icascd, sold, exchanged or orhcnviw disposed of under sub-scclion (3) shall be such as may be agrccd berween the Authority or the Housing Board, as rhe case may be, and the Board, and if thcy fail lo reach an agreemcnr, the parijes or any of hem shaIl refer the matter to the Srate Government and thc dccision of thc State Governmcnt hereon shall be final. 91. Nothing in rhc Calcutta Tlrika Tenancy Act, 1949, or in rhc West WwB en, Bcngal Non-Agricultural Tcnnncy Acl, 1949, shall apply 10- A19C4I I9t. o f \VW Bcn. (a) any land vcstcd in, or in thc possession of, the Board; or AC~XXOF 1949. (b) any land which is required lot carrying out any of [he provisions of this Act; or (c) any land held by any lenanL under the Board. lSub-wctions( 3)yld (4)wrrekncdb y s, 36 orthe How& Impmvcrnen~(A rmndml) Act. I983 (Wesl Ben. Act XLUIof 1983). 'Thc words wilhin Ihc square bnckcls \treerei nscncd by s. 29 olrhc How nh Impmvcma (Amendmcnr) Acr, 1995 (M'cst Ben. Act XV 01 1995). XIV of 1956.1 CHAPTER V. Taxation. 92. (1) The duly irnposcd by thc Indian Stamp Act. 1899, on Dulyon nslrumenls of sale, gift and usufrucluary mortgage, rcspeciivcly, 01 :z,"of mmovable propcrly shall, in [be case of insuu~nentsa ffccling imnlov- i-ovhlc ble prupcrly siluatcd '[in any area within rhc jurisdiclion of thc Howrah PmVq. llunicipal Corporaljon or of any Municipalily of Howrah] and executed In or afrcr the comrnenccment of this Act be incrcased by two per ,e~fru~on~ lt he value of the propcrly so siiualed, or (in thc case of a sufruc~uaryr norrgage) on the amount sccured by the insu-ument, as CI forth in the insuumcnl. (2) All coIleclions resuldng from the said increasc shall, after cducling incidental cxpenscs (if any), he paid lo the Board at such ime as may be prescribed by rule made undcr section 95. 93. ( I) For the purposes of sec~ion9 2 of this Acr, seclion 27 of thc Parriculm Indian Sramp Acr, 1899, shall be read 3s if it specihcally required the particulars referred to thcrcin to be sel fonh sepamlcly in respect of- bmulncnE (a) property situaled in ?Iany arca within the jurisdic~iono r the n&g msrcror Howrah Municipal CorporaBon or of any Municipalily of pmpeny. Howrahl, and (6) propcny si~ualedo utside 2[any area within the jurisdiction of Lhc Howrah Municipal Corporarion or of any Municipdiry of Hawrah]. (2) For (he purposcs of section 92 of this Act, scclion 64 of h eI ndian Slamp Acr, 1899, shall be read as if it rcfcrred to thc Board as well as h e Govcrnment. 94. One-half share of rhe customs duly on jule rcceived by [he fD:is;u:i:b'lr lion Board of Trurtccs for he Improvemenr of Calcuira undcr sub-sccuon (2) Rcn. AC v ~ O~SCCL~8O4 ~ of the Calcurla Iniprovement Act, 19 1 1, shall be lransferrcd, !xponsor 0F1911. ;, oflen as i! is received by [he Board of Trustees for [he Improvemenr lute. or Calcutta, to dle Board established under this Act. 'The words "or thc Bally Municipali~y"w ere first inscnd by s. 37 oir hc How& In~provcmenr( A~ncndmcnt)A cl. 1983 (MSIB en. ACI XLLll or 1983). Thercaircr, the words {vi~hinr hc squxe brackrrs WC~Cs ubsti~u~cfdo r the words "in thc Hownh Municipality or the Bally Municipality" by s. 30 or thc Howrah Irnprovcmenr (Amendn~cnr)Avr. 1995 (Wcsl Ben, Acr XV of 1 W5). ?The words "and rhe Bzlly Municipali~y"w ere first inserted by s. 38 of rhe Howrah lrnprovemcnt (Amendmcnt) Act, 1983 [West Bcn. Act XLIII of 1983). l'hcrcaltcr, rhe words within ~hscq uare bnckers wcre subsri~u~efdo r ~hwco rds "the Howrah Municipalily and ~hcB ally Municipality" by 5. 31 or the Howrah Impfovemcnl (Antcndmen~A) CI, I995 (West Bcr~A. ci XV of 1995). Tlr e Ho~vralI~t~ ~pmve~rerr rtA ct, 1956. [West Bcn. Act S~rpplerrretrralP mvisiorrs. 95. (1) Thc State Govcrnmenl may make 'rulcs For carrying oul lhc purposes of this Chaprcr. (2) In particular, and wirhoul prejudice to he generaliry of the foregoing powcr, the Sure Governmcm may make mlcs for regulaling the collcction of raws imposed by this Chapter, and lhc paymenr thereof to rhc Board. ?95A. Thc State Govcrnnlenl may, lor thc eficicnl administration of lhis Acr or for such other rcasons as it lhinks fit, issue from time lo time, directions noi inconsistent with the provisions of this Act. to the Board nod the Board shalI carry out such directions. CHArrER VI. Finance. 96. [(Cotlrribtrtions fmtrr Miulicipal Frutds).-0111il1cd by s. 40 of rlte Ho~rlralrI rrrprovealerrr (Araelrdrneat) Act, 1983 [IVesr Deli. Act XLIII of 19831.1 Slate 97. The S~arcG overnrncnt shall pay to ~hcB oud cvery financial Covcm~ucn~ In pay 10 thc year, on such bare or datcs as may be fixed by notificalion, a share \o be Uovd 1 determined by Lhc Stale Govcrnment, of the nct procecds of so much of shmor~ht ncl prorrrds rhc tcrminal raxcs, if any, levied on goods or passengers carried by railway, orthc sea or air, wilhin the State of Wcst Bcngal and colleclcd by the ~cnnind lay? Government OF India during rhc financial year next preceding ;~sm ay bc as~pcd assigncd to the Slate Govcmnient under arlicle 269 of the Consri~ution to it. of India. 98. The Board may from lime 10 rime borrow a[ such rale of interesl, md rclr such pcriod, and upon such tenns. as lo rhc time and method or repaymcnt and olherwisc, as h e S tate Govcrnment may approve, any sum necessary for hcp urposc or- (a) mceling cxpcnditurc debitablc to thc capital accounr undcr seclion 133, or (b) repaying any loan previously rilken undcr [his Acr. 'Fdrmlcs ndcincxcrci~ofhcpowecro nrcrrd by don95l ormqing wl Ihcpurposcs olChpicr V. see nolifiwtion NO.6 5JIM3R4S156,d aied 1hc21ndJ ~nuwy1, 957. of hch l SelEGowmnim~Dcpmrmnp~u.b lished in theCalcu~ruGi~re~drae~, rdth e 3Isi Imuuy, 1957, Pal I. pagcs 454-57. 'Sccrion 95A wai nrrtcd by s. 39oTrheHownh hpmvemer~(fA mendrncnll Act, 1983 (Wcs~8 cn.Acr XLlll of 1983). The Ho~rtruhI )~rpivvet~~Aacrr,t 1956. 769 XIV of 1956.1 .- , . 99. Whenever he borrowing of any sum has bccn approvcd under Lows from - seclion 98, rhc Board may, instcad of borrowing such sum or any part Banks. . . . thereof from rhc public, rake crcdi t rrorn any Bank. on a cash account to be kept in the name of the Board, [o the cxlenr of such sum or part; and, with rhe previous sanction ofrhc State Govcrnmenl, may grant mortgages 013 11 or any propcrly ves~edin the Board by way of sccuring the paymcnr of thc amounl of such credii or of [he sums from ljrnc to time advanced on such cash account with inrcrcst. 100. When any sum of money h z b een borrowed undcr section 98 Divcoionol' ,,.),b,orrowed orsecrion99~orthepurposcofmeetingparlicularcxpendirureorrcpaying a particular loan, a0 portion ficrcafshall bc applied lo any other purpose pwws wilhout the prcvious sanc~iono f the State Governrncnl. 0lhcr Ihm {how fin[ appmvd. 101. (1) Whcnever nloncy is borrowcd by heB oard on debcnlures, F O ~ , 2~Erh ~hcde benlures shall be in such loin^ as [he Board, with he previous I sancdon of the State Governmcnt. may from tirnc to time dercrmine. iransrernnd C ~af I (2) AH debcntures shall be signcd by the Chairman and one 011-ler dcknWh.5. Truslcc. (3) The holder of any dcben~urci n any ram prescribcd under sub-scuion (1) may obtain in cxchnge [herefor, upon such terns as the Board may from lime to linic delemine, a debenlure in any orhcr form so prescri bcd . (4) Every debenturc issued by chc Board shall be rransrcrable by endorscment, unlcss some other mode OF transfer bc prescribcd therein. (5) The right to sue in rcspect of moneys secured by debcntures issued by he Board shall vest in thc rcspeclivc holders of the,deben[ures for ~hc rime beins, withoul any preference by reason of somc of such dcbcntures being prior in dare ro others. 102. All coupons allached ro dcbcnlures issued under this Acl shall Signa~urco f bcar [he aignarurc of the Chairman; and such signalure may be engraved, lirhographed or jmpresscd by any mcchanical process. deknrurcs. 103. When any debenturc or security issucd under this Ac[ is hyriunlsto puyablc ro two or more pmnsj oinrly, and eilhrr ar any of them dies. ~ ~ ~ L i ~ ~ ~ ~ , IXuf 187:. then, norwi~hslandinga nything in sccrion 45 of ihe Indian Contract Act, 1872, rhc debcn~ureo r sccurily shall be payable to lhc survior or survivors of such pcrsons: Providcd [ha1 nolhing in this scciion shall affecl any claim by ihc represenlarive of a deceascd Frson againsl such survior or-survivors. The Hoivrutr ~tr~prnvc~~Arcct~, r1r9 56. [West Den. Act Rtccipt by 104. Whcre two or more persons arc joinl holders of any debcnturc joinr hgldcr or sccurily issucd under this Acl, any one of such persons may give for inrrnxi ordividcnd. an eUcc1ual receipr for any inrcrcsr or dividend payable in rcspect of such debcnlure or securiry, unless notict: to the contrary has been giveh lo [he Board by any othcr of such pcrsons. t'riorily 01 105. All payrnenls due from the Board for intcrest on, or the p~yltk'ritsf or repaymcnl of, loans, shall be made in priority to all olhcr paynrents due iolcresr and n.pdylicnl al from the Board. ~OUIS. Kc pay men1 106. Every loan rnkcn by rhc Board under section 98 shall bc rcpaid 0Cloms within the period approved by h cS late Governmcnr under [hat scction. rnlic~ul ndcr scclion 98. and, subject lo rhc provisions of sub-secrion (2) of scclion 135, by such of thc following melhods as may bc so approved, namc1y:- (a) lronl a sin king fund established under section 107 in respccl or h c loan. or (b) by payingequal ycarly or half-yearly instalmen ts of principal, or of principal and inrerest. throughoul lhe said pcriod, or, (c) if he Board have, before borrowing money on deben- rurcs, reserved, by public nolice, a power to pay off~hleo an by periodical jnstalrnents and to selec~b y lot thc parricular dcbenlures lo be discharged at pdcular pcriods- tltc~!b y paying such insraln~en~a i such periods, or (d) irom money borrowed lor h ep urposc under clause (6) of section 98, or (c) panly from hc sinhng fund cslablished undcr section 107 in respecr of h e loan, and par~ly from money borrowcd for the purpose under ciausc (b) of secuon 98. 107. (1) Whencvcr the Slate Government has approvcd [he rcpaymcnL of a loan from a sinking fund the Board shall establish such n fund and shall pay into it in cvery year, unrjl rhe loan is rcpaid, a sum so calculated that, if regularly paid lhroughout [he period approved by Ihe Slate Govemnent under sccuon 98, it would, wih accumuladons in the way of compound inlecesl be sufficienr, her payment OF all expcnscs, to pay off [he loan at the cnd of thar pcriod. (2) Thc ralc of intercsl on [he bais of which the sum rcferred lo in sub-scction (I) shall be calculated shall be such as may be prescribed by rhc State Government. PoK~~[o 108. Notwithsranding anylhing conmined in section 107, if at any diszonr~nue time rhe sum slanding al credil of thc sinking fund csrablished for [he pylncnrs inlo sinking repaymcn! of any loan, is of such mounl hat, if allowcd to accumuIate funds. a1 he rate OF intcresl prescribed undcr sub-section (2) of hat scc~ion, Tlr e Ho~oralb~r ~~roven~Aec~t, l1t9 56. XIV of 1956.1 it will be sufficicnr tomrepay[h e loan aL the end of the period approvcd by the Stalc Government under section 98, then, wirh rhc permission or thc Srate Government fuurthcr annual paymcnts into such fund may bc disconlinued. 109. (1) All money paid inro any sinking fund shall as soon as Inurslmnl ofsinking possible be invested, under Ihc orders of thc Board, in- funds. (a) Govcrnmcnl sccuritics, or (b) sccurirics guaranleed by the Cenlral or any State Govcrnrnent, or (c) Calcurra Municipal debentures, or Id) debcnturcs issucd by thc Commissioners for [he Porl of Calcurra, or (e) (i) dcbcntures issucd by thc Board of Trusrces for the improvcmcnl of Calculla, or (ii) debentures issucs by Lhc Board, in [he join1 names of the Secretary lo thc Government of Wcsr Bcngal in the Finance Depanrnenl and Lhe Accountnt-Gcncral, \Vcsl Bcngal, lo bc held by them as trusrccs for rhc purpose of repaying, from time ro timc, thc dcbenturcs issued by thc Board of Truslces for the improvement of Calcurla or by the Board of Truslees for [he in~provement of Howrah, as the case may be. (2) All dividends and olher sums received in respect of any such inves~ments hall, as soon as possible aAer receipt, be paid into the appropriate sinking fund and invested in the manner prescribed by sub-section (I). (3) Any invcstmenl made under lhis secuon may, from lime to lime, subject to the provisions of sub-seclion (I), be varied or mansposed. 110. Thc aforesaid uustccs may from time to time appIy any sinking Applicaion fund, or any pan hereof, in or towards thc discharge of the loan or ~ ~ ~ ~ ~ ' ' ~ any pan of the loan for which such fund was established; and until such loan is wholly discharged shall not apply the same for any orher purpose. 111. (1) Thc aforesaid lruslccs shall, at he end of every financial Annual year, mnsmit to he Chairman a slaternent showing- smenlenlr by Lnrsrees. (a) the amount which has been investcd during h ey ear undcr --. scction 109, (b) lhe date of the last investment madc prcvious lo thc ~ransmissiono f the statcrncnl, The Holvralr l~~~proverrrAecrt~, t1 956. [West Ben. Act (c) the aggrcgatc amount of he securities held by them, (d) the aggregalc amount which hu,. up to the date of hc statement, been applied under secdon 1 10 in or townrds repaying loans, and (e) [he aggregate amount already paid into each sinking hnd. (2) Every such starement shall be laid before heB oard and published by no~ifica~ion. Annual 112.

(1) Thc Board shall mainlain a propcr accoun! of every sinking cxaminaion fund established under section 107 and evcry such fund shall be subjecl ocainl;ing ru~lds. lo annual examination by [he Accounrant-Gencral, West Bengal, who shall ascer~ainw hether rhe cash and the current value of the securities 3t credit of such funds are acrually equal to the amount which would havc accumula~cdh ad invcsrmenls been regularly made and had the rate of intercsl as originally cslimnred been oblained rhzrefrom. (2) The Board shall forthwith pay into any sinking fund any amnunt which rhc Accounlant-General, Wes~B engal, may cerriiy lo be deficicnr, unlcss thc Slate Government specially sanction a gradual readjuslment: Providcd that not withstanding the exislence of a deficiency in any sinking fund he Accountant-Gencral, Wcst Bengal, shall no1 ceniry rhe deficiency if the cash and the current value of all hc sccurities in all thc sinking funds at [he time of the examination are equal to the amount mcntioncd in sub-scction (1). ~rwdurtlf 113. Il the Board fail- bodf ail to mal:~an y (3) to pay any interest due in respect of any loan takcn in paymenr or pursuance of section 98, or invcslri~ni ill rcspccr of (b), to makc any payment prescribed by sccrion 106. scction loms. 107 or sub-scction (2) of section 112. or (c) to make nny invcs~rncnr prescribed by section 109, he Accounrant-Gcncral. West Bengal, sl~atml ake such payment or set aside and invcst such sum as ough~to have been invesled under [be said scction 109, as the case may be; and the Stalc Government may atrach [Ill: rcnts and other income of the Board; and thereupon the provisions of sub-section (2) of section 118 of [he Calcutta Municipal Act, 1923, as cxtended to the Howrah Bcn.AclII1 Municipality, shall, with all necessary modificauons, be deemed lo o"''~- apply- 1L4. [(P~nccd~rreC osanissio~~o~fr Hs oa:rok M~rr~icipalfiafiyl to nmke nrty paynellr drre to Bond)-Onrirred by s. 32 of rlre Ho\vrah Itt~pru~~~~t(tArcrtarci~ ~dtrrerrAfcJt , 1995 (Wcsr Ben. Act XV of 1995).] 115. All moncys payablc undcr section 113 shall conslitule a chargc PayrmnB upon rhe propcrty of ihc Board. undcr scclion 113 lo bc a chqc on ' the pmpny or the Bod. 116. If any moncy borrowcd by he Board rrom the State Government Promdun: ii or any in~cresto r costs duc in rcspect Ihercof, is or are not repaid B Oril~s rorcp3y according to thc conditions of [he loan, the State Governmen1 may 'loans auach the renu- and othcr incomc of h e Board or any par1 thereof or obdncd horn the any properly of the Bowd, and ~hurcupont hc provisions of sub-seclion Smle Den. Acr 111 (2) of scclion 1 18 of I ~CCnI cutta Municipal Act, 1923, as exlended to Govcm- o""" [he Howrah Municipaliry, shall, wirh neccssmy rnodificaBons, he deemed ro apply. 117. (1) The Chainnun shall, at a spccinl mccling ro bc held in ke L1imare.s of I monh of Februq in cnch yew. lay belore [he Board an erlirnvle oft he ~ ~ ,II ~ ~ i ~ ~ income and expenditure of the Board for the next ensuing financial ycw. 10 bc laid annually (2) Evcry such cs~imatcs hdl make provision for the due fulfilmen[ kfoxlht: ! of all the liabilities of the Board and for he eflicient administration of his ACI. (3) Evcry such cstimatc shalI differentiate capital and revenue funds, and shall bc prcplued in such form, and shall conrain such details, as chc Srarc Govcmmcnt ar thc Boxd may from rimc 10 time direct. (4) Evcry such cslimatc shall tw: complckd and printcd, and a copy hereof sent, by posl or othcnvise, to tach Truslcc, a1 lcast ten clear days before he date of the meeting aL which the eslirnare is 10 be laid before the Board. 118. The Board shall consider every estirnale so laid before [hem, SmctionoT and shall sanction he same, either without alterarion or with such B - o - a , r a d , to alrerations, as [hey may think fit. Every such eshmare, a sanclioncd by rhc Board, shall be Appmvdol . . the Slare Govcrnrnen~,w ho may, at any drnc within two receipt of the same,- to CSI~ICS. (a) approve he estimale, or (b) disallow !he estimate or any porlion rhcrcoi, and rcturn ~ hrrc rirnn~rI n r h R~n nrd fnr nmrnrlmrnt rile Holvra11 I~~rprnvm~eArcrrt, 1956. XIV of 1956.1 (4) Whenevcr any sum exceeding five ihousand rupees is cxpcnded under clausc (e) of sub-seclion (3), the Chairman shall forhwith reporl the circumslances lo the State Govcmmcnr, and shdl at the sane time explain how [he Board propose lo covcr hc cxpcnditure. 124. All moneys payable 10 thc Board shall bc rcceived by he Rcceiptsof rz;;rd '[Chief Execulive Officer], and shall fonhwith bc paid inlo [he State Bank of India, or any othcr Bank approvcd by thc State Governmen[ Slate Bank to rhc crcdit of an account which shall bc slylcd '*The Account of the Truslecs for [he Improvcmcnt of Howrah. 125. (1) Surplus moneys at thc credit of the said accounL may from In\*cslnlmr timc to time be- of surplus nioncy. i (a) deposited a[ intcrcst in [he Sratc Bank of India or in any other Bank approved by rhc Slare Governmenr in this ! bchalF, or I (b) invested in any of the securilics or debcnturcs mcnrioned i in sub-sec~ion( 1) of seclion 109 of this Act or in section 20 of the Indian Trusrs Act, 1882. (2) All such dcposits and investments shall be madc by thc '[Chief Exccu~ivcO Tficcr] on bchalf of, and with the sanction of, thc Board; and, wirh thc like sanction, [he =[Chief Executive Ofliccr] may a1 any ii~ncw ithdraw any deposil so made, or dispose of any secudtics, and rcdcposit or rcinvest the money so withdrawn or the procecds of he disposal of such securities. 126. (I) No payment shall be made by any Bank oul orlhc account Ry~lrntsby referred lo io section 124, cxccpi upon a chcquc. chcquc. (2) Payment of any sum due by rhc Board cxcccding one hundred rupees in amount shall be made by mcans or a chcquc, and not in any orher way. 127. All ordcrs tor making any deposit, investment, wilhdrawal or Signatu~of disposal undcr sccdon 125, and all cheques referred lo in secdon 126. ;::i":g must be signed- and chcqucs. (a) by [he >(Chief Executive Officer) and the Secretary to thc Board, or 'Tlic \vords wilhin Lhz square bmckc~w en: substituted Cor thc word "Chairman" by s. 34 of hc How& Improvcmcnt (Amcndmcnr) Act. IYYS (Wcsr Ben. Act XV of t995). :Tkc \voids within llic squarc bnckcts wen: subsritu~cd Tor ~hcw ord "Chaim" hy s. 35, ibitl. 'The words within the firs[ bnckeis were subslitu~edr or the word "Chirrnan" by < 76 :t.:,t The Ho~vmliL lrprovenrerrt Act, 1956. [West Ben. Act (b) in h e cvcnt of the illness or occasiona1 absence from Howrah of he Chairman or the Secretaq, thcn by thc Secretary or 111e Chairman, a h e case may be. and '[by an oificcr or the Board authoriscd by the ?(ChiefExecu[ive Oficcr) in this behalf.] ~ U I Y O ~ 128. Before the ?(Chief E?;zcutive Officcr) '[or [he Secre~aryr o h e Chairnun Board or thc Ollicer of tlie Board auhoriscd by the 3(ChieF Executive and oikrs ais Idore Officer) in bchalfl signs a cheque undcr section 127, he must signing salisfy himscIf that the sum for wluch such cheque is drawn is eilher ckqoc. requircd for a purpose or work specifically sanctioned by the Board or is an ilcm of one OF the exceprcd descriptions specified in sub-section (3) of sccrion 123. Accounlsof 129. Subjcct to any rulcs made by ~hcSt ate Governmenk in [his ~cciplms d behalf, accounts of receip~sa nd disbursemcnls of the Board shall be kepl disbunc- Ilicnrs how in such manner and in such form as the Board may from timc to time to k kcp1. prcscribe by rule made undcr section 149. Lkfini~ionor 130. (1) The expression "cast of management', as uscd in lhe "cost of following sections in dlis Chaptcr, means- (a) the salary and hous-rcnt and [he conveyancc allowance (if any) of the Chairman or axing Chairman, and the allowances and contributions referrcd to in sub-section (2) of secljon 7; (b) all fees pid undcr section 19, for rrt~cndaocca t meetings; (c) [hc salaries, fees and dlowanccs of, and the conlribulions paid undcr sec~ion1 55 in rcspccl of, oficers and servants of the Board including persons cmployed for the coHection of thc rcnts and other proceeds of land vesled in he Board who are includcd in starernen& preparcd under seclion 27; (d) he remuneration of ohcr employees or thc Board, excepr ernployccs whose pay is charged lo lemporary work; 'The words within the square bmckels wen: subs~iiuiedlo r Ihr: words "by a Trustec other rhan itic Chairman" by s. 43 of the Howrah lmprovcrncnt (Amendment) Acl, 1983 (\Ves1 Bcn. Aci XLIlI 01 1983). :See foo~.nott:3 on pap 223, unre. 'Thc words wirhin the iinr bnckcrs wcrc substi!utcd for dic word "Chdrman" by s. 37 of [he Howd lrnpmvcmznt (Amendmcnr) ACL 1995 (\Yes1 Bcn. Aci XV of 1995). 'The words wilhin thcsqum bncke~\~s~ucbsati tuted for rhc\r.ords "orany otherTruscee or lhc Secrrrvy ra the Bod"by s.44 ollhc Hownh lmprnvemcnl (Amcndn~nt)A ct, 1983 (\Vc~rcr Ben Arl Yl 1II nl 19R1) T1re Hoivrah Itr~prove~~A~cern, r1 956. XIV OF 1956.1 (c) all paymenls made under section 74 and scc~ion1 55 on accounr of lllc Board or the Tribunal: and (I) all ofice expcnscs incurred by rhc Board or tile Tribunal. (2) Thc cxprcssion "office expcnscs", in clause (0, m cans expenscs incurrcd for canying on ofiice work, including 11ic rcnt of oficcs, h e provision of furniture and 01 cquipmcnl herefor, the purchase of books. charges Tor prinling, pllolognphing, preparing modcls and slationcry. 131. (I) Ttie Board sllall keep a capital account and a revenuc Kccpinsoi accoun1. capital azcctouznl m,d (2) Thc capilal account shall show scpara~elyal l expenditure incurrcd by ~hcB oard on each improvcmcnt scheme. . 132. There shall bc crcdi~edl o lhc capiral account- Credirs ro wpid (a) all sums (cxccpt inleresl) rcccivcd by way of special payments account. i 1 for bcitcmcn~le es in pursuancc of seclions 79, 80 or 87; (b) all moneys rcccived on account of loans raken by the Board I in pursuancc of scclion 98 or scc~ion9 9; 1 (c) [he proceeds of the saie of any land vcsted in [he Board; (d) thc proceeds oF1hc sdc of any movable propcny (including securities for money invested irom thc capital account) belonging to the Board; (c) all lump sums reccivcd from any Governmcnt in aid of tlic capital accounl; (I) all prcmia received by thc Board in connection with leases; (g] all sums (if any) which thc Stale Govemmcnr direcls, undcr sub-section (2) of scction 135, to be crcdircd to h e capiral accounr; and (11) all moneys resulting from the sale of sccurirics by direction of rhe Slate Govcmment under section 136. 133. Thc rnoncys credited lo thc capital account shall be held by Applicaion [he Board in tnrs~,a nd shall bc applied to- of capid accounl. (a) meeling all cosrs or frarning and executing improvement schemes; (b) meeting thc cosr of acquiring Iand for carrying out any of the purposes of this Act; (c) rneering [he cost of constructing buildings required for carrying our any of thc purposes of [his Act including buildings requircd For accommoda~ingt he offices for carrying on the work of the Bod; [\Yest Den. Act (d) tl~er epayment or loans from money borrowed in pursuancc of clausc (b) of scction 98; (c) making, or contributing lawards thecost of making, survcys, in pursuancc of scclion 174; (0 rnccting such proporlion of the cosl of managcmcnt as h e Board may, with thc sanction of [he State Government, prescribe in this bchaIC; and (g) ~emporarilym aking god the deficil (if any) in thc rcvenue account at thc end of any financial year. Crcdits tu 134. There shall be crediled lo hc revcnue account- mvcnuc (a) all intercst reccivcd in pursuance of scc~ions7 9. 86 or 87; PCEOU~I. (b) ali procecds reccivcd by the Board or [axes imposed by Chapter V; (c) all sums conlributed from Municipal Funds which art: reccivcd by rhc Board under secrion 96; (d) all damagcs rcceived by Ihc Board under sec~ion1 69; (c) all annually recurring sums rcccived from the Governmcn~ in aid OF the funds of Ihc Board; (t) all renls of land vcsled in [he Board; and (g) all othcr reccip~sb y the Board which arc not required by sccrion 132 lo be crcditcd to the capital accounl. Applicaion 135. (1) Thc moneys credited lo ~hrcc venue accouni shaH bc hcld of xrvcnuc by the Board in uud, and shall be applicd to-- 3ccoun,. (a) meeting all charges for interest and sinking Fund due on account of any loan taken in pursuancc oi clause (a) of seclion 98, or sccuon 99, and all othcr charges incurred in connection with such loans; (b) paying all sums due from the Board in respecl of rates and taxes imposed undcr he Calculla Municipal Act, 1923, as Bcn. Aci 111 "". exrended lo the Howrah Municipaliry '[or under the Bengal Municipal Act, 1932, as [hc case may be,] upon land vcsted Bcn. ACLXV in the Board; oi 1931. (c) holding or participaring in conferences or exhibitions rclating ro urban improvement; (d) paying [he fees prescribed for arbimtors under seclion 83; (z) paying all sums which the &ale Government may dirccl to be paid lo any audilor under secdon 143; 'The word<a nd figures lvilhin rhc square bnckcw~c rc insencd by s. 45 of ~hHco wnh Ilnnrnt.rrnrnt I A ~nrndni~.nrAl ri 1092 IIlC-rl Ro-n A", Vl 111 ,r lop?\ The Hotvrah lrlrpmvmietr~A cr, 1956. XIV of 1956.1 (f) paying [he cost of managcmcnl, excluding such proponion thercof as niay bc dtbi~cdr o the capital accounl under clause (0 of scction 133: (g) paying all olhcr sums due from the Board, othcr ~hanth ose which are rcquircd by section 133 to be disnrbcd horn thc capiral accounl; and (h) meeting thc cost of survey, if any, made by rhc dircc~ion of the Board under section 174. (2) Thc surplus (if any) remaining aficr making h e payments reFerred to in sub-scction (1) shall. subjcct to Lhc nlaintcnance OF a closing baIance of rwenly-fivc thousand rupccs and unless conrributed pern~anently to Ihc capital accaunl under the direction of thc Srate Governmcn~o r advanccd lo [he capital account undcr thc provisions of scc~ion1 37, be invesled, in the manncr prcscrikd in secrion 109, towards thc service of any loans outstanding aitcr the expiry of sixly yem rronl thc commcncernent of this Act. 136. If, at any rimc afier any surplus referrcd to in sub-seclion (2) Powcr~o of scction 135. has been invested, the Sralc Govcrnmcnr is satisfied that dirccr sale or acuriliG in thc investuun~i s not needcd for h es crvice of any loan referred lo in whichmy surplus or iha~su b-section, i~ may dircct Ihc salc of [he securilies held under k,,,,, the iveslrnent. nccaunt is invt=ird. 137. (1) Notwiihslanding anything contained in scction 135, the Advan- Board may advande any sum standing a! thc credil of he revenue ,f,,,,m,, n~ account for the purpose of mccr ing capita1 expenditure. ~CCOUCII1 0 cnpilal (2) Evcry such advance shall, unless a direction is givcn by [he accounl- Slate Government under sub-seclion (2) or scction 135, bc refunded lo ~hcre venue account as soon as may bc practicable. 138. (1) Any deficit in 11ic revcnuc accounl at the cnd of any ~dvmccs Financia[ ycar may be madc baod by ,ur advance from the capilal ~ ~ u ~ ~ ~ ' account. revenue XCOUflI. (1)E vcry such advance shall be refunded to he capital accounL in [he following hnancial year, 139. Thc Board may, lor rcasons io be recorded in writing, order suikingoff ro bc suck off thc books any sum due lo rile Board which may appear f~mEO""'c ro chcm to bc irrecovcmblc: providcd that Ihc prior sanction of rhe Smre Govcrnment shall be obtaincd ir the sum cxcccds two hundrcd and fifty runeeq. The Ho\\'rah lr~prn~~errreAlcrr[. 1956. [West Ben. Act SUb ~ni.~sion 140. Tllc Board shall submit lo the Starc Government at the end . I o o fa f b . s l r h nc a ls u nlosf each half ofcvery Cinar~cial ycar, an abstracr of lllc accounts of their orsratz rcccipts and expcndirurc. Govcmn~n~. 141. The accounls of ~hBco ard shall, once in cvery financial year, be exarnincd and audited by such audiror as tllc State Governmcnl may 'appoint in his behalf. 142. Thc audiror so appointed may,- (a) by wriucn surnrnons require the production before him OC any documcnt which he may consider necessary ior the proper conduct of the audit; (6) by wriucri summons require any pcrson having [hc custody or control of, or bcing accoun~ablcf or, any such documeni lo appear in person before him; and (c) require arly person so appearing bcforc him LO makc and sign a declaration wih respect to any such document, to answer any question or lo prcpare and submit any statcment. Rcnllu~zra- 143. The Board shall pay ro [he said audilor such remuneration as rim of tbc Slole Government may direcl. nudi~or. Kcporu and 144. The said audi~ors hall- inlom\aIiun (a) report to Ihc Board any matcrial improprie~yo r irrcgulari~y which he may observc in tllc expenditure, or in the rccovery of mancys duc to hc Board, or in the accounrs, and report the same to he Statc Covcmment; (b) furnish to [he Board such inIorrnalion as rhcy may Irom time ro time ruquire concerning ~hcpr ogress of his audir; and (c) ~vjlhinf ourlecn days after tl~ec omple~onO F his audit, forward his report upon the accounls to h c Chairman. Board I0 145. (1) It shnll bc lhc duty of the Board fonliwi~lo -remedy any rC1trdy defects or irregularities hat may be pointed out by the auditor. dela poimcdaur (2) If rhcre is a difference of opinion between the Board and the by auditor. auditor or if h eB oard do not remedy any dcfecl or irregulari~yw irhin a period considered by the auditor lo be resonable, the marlers shall be reierrcd ro he Srate Govcrnrnent wihin such lime and in such IF& oo~i~c;lriaop poin~ingr hc Accounran~-GeneralW, est Bcngal, in rhc Local Audi~ hpmcnt3 s Auditor of the Accounu or lhc Uovd of Trusrcts Tor the lmpmvemcnt of Hownh, Jet nolificotion Wo. 81 I ZIhi.2A-2h157, dated 5.1 1.57.p ublishal in Ihc filcuiro Ga:frre oi 1957, Pm I, page 3958 manncc as rhc Stale Govcrnmtnl may prescribe by rule and it shall be competent to thc Slale Govcrnrnen~t o pass such orders tllcrcon as it thinks fir. The ordcrs of he Sraw Governmcnl shall bc final and the Board shall lake aclion in accordance ~hcrcwtih . (3) If within any pcriod fixrd by an ordcr madc by the Slatc Govcrnmcnt under sub-seclion (2), the Board Tail to comply with such order, thc Slate Government may direct the Chairman to comply with the order and rhc cost of rdhg acdon by the CIiairmnn for complying wirh the order shall be n charge on Ihe rcvcnuc account of the Board. 146. The Chairman shall cause he rcpon mentioned in clausc (c) Auditor's or section 144, to be prinrcd and shall forward a printed copy thcrcof ~ ~ ~ ~ J ~ 10 each Trustcc, and shall bring such rcporl beforc [he Board for T~UFICCJ~~ considcra~iona t lhcir ncxl mceling. cunsidcred by Board. 147. As soon as pracdcablc arier be rcceipr of thc said reporl, [he Publicalion d Board shall prcparc an abstract OF the accounts to which, j~ relales, and shall publish such abslract by nolifica~ion.a nd shall send a copy of thc of an absuacr ro the '[Mayor, [he Chairmcn of [he Municipalilics of Howrah ~ ~ a ~ ~ ~ ~ L S , and] the Slalc Governmcnr. CHAPTEK VIJ. Rules. 148. In addition to the power conferred by sccti~n9 5, the Srate Funhcr Government may make 'rules-- p st w at c n to J * + * * * Go\rrmlr*nt (2) for prescribing thc maximum sum which may be paid ro , f .,, o I-, r m*ng any person by way of iccs under section 19: IThc words ", rhc Chairnm of rhc IJally Municipalily" wcrc lim inscncd by s. 46 of ~hIzl ownh Irnpm\,cn~cn(lA rncndnlcnt) ACL 1983 (Wtvcst Bcn. Acr XLlII or 1983). Them dlcr, he words within [tic squm bn~kclsw ere subsrirurcd Tor (hc words "Chairman of the Hownh blunicipality md to" by s,3 8 u1 lhc Wownh Improrcriicnt (Amcndrncnt) Act, 1995 (Wcsl Bcn. ACI XV of I99S). 'For "rhc Howdl ~nprovc~ndn(Er lrcrion or TNSICCSb y Municipal Conunissioncrs) Rul-cs. 1957". made in cncrcisc ofthc power conrcmd by section 148. see no~ificationN o. 19701hl-RR-1157. dared ~hc13 th Mmh. 1957. oirhc Lwa1 SrlT-Covcrnmznl Ikpm~nent. published in IIIC C~llvrrfhrI; n:eae. hied rhc 21st Mmh. 1957, Pm I. pages 1059-1061. For rulus ~ndcin cxcrcise of ~hcp ower conicmd by scclion 148 for rcgulainp elcclions undcr clause (d) of sub-scc~ion( I) OF scclion 4 or this Act. aee norilicarion No. 153hl3R481Sb. dated rhc 21nd bnuq, 1957 of the Local Self-Govcmrncnr DepYr- rnrnl, pi~blishcdi n rhc L'crlcurm Guzerre, daird lhc 3151 January, 1957. Pan I, pages 953456. For rules niade undcr sub-section (3) or wcrion 4 and the proviso to sub-sccfion (2) of secrio~i 14. in cxcrcise of thc power conrcmd by xclion 148. srr notikcation No. 6531,113R-18~56.d ared lhz 2?nd Imuq 1957, puhlishrd in thc Cttlrurrn Goztrce. &led rhc 9 Is1 January, 1957, Pan I, pgc 456. !Clause (I)r o scction 1.18 rvz o1111tIcdb y s. 3Y of ihe Hot~nh11 1ipror.cnlcnl( Amend- nicnt) ACI. 1995 (~VCSBI en. Act XV nT 1995) [West Ben. Act (3) for derern~iningd ~qeu alificarions and disqualifications of, thc condirions and mode of cIccrion, sclcciion or appointmcnt of. an arbitrator and [or rcgularing rhc proceedings or arbitrators under section 52; and (4) for prescribing Ihc rorm of hea bstracts of accounrs referred to in sections 140 and 147. Funhcr 149. (1) In addirion ro power conferred by section 28, thc Board paffcs 10 may from limc to timc mnke rulcs (no1 inconsislcm with any rules madc Bodf or ~naliing by 11ic Srarc Govcmmcnt or the Presidenl of the Tribunal undcr this rulcs. Act) for canying out thc purposes of [his Acl. (2) In particul~,a nd wilhout prejudice lo the gcncraliry of the foregoing powcr, thc Board may make rules- (a) For associating mcmbers with [he Board undcr scction 16: (b) for nppoinung pcrsons (other than Trusrces and pcrsons associated with [he Board undcr section 16) ro be members ol Cammittees under secdon 17; (c) far regulaling thc dclegalion of powers or durics of the Board lo Cornmitrccs under section 17; (d) for the guidancc or pcrsons employed by [hem under (his Act; (e) for prescribing !hc fees payable for copirs of documenrs delivercd undcr sub-seclion (3) OF section 45, or clausc (iv) of sub-sccdon (2) of section 63; (r) for [he rnainlenancc and management of dwellin~sa nd shops construcled under rehousing schcrnes. (3) In making any rule under sub-sec~ion( I) or sub-section (2), the Board may provide [hat a brcach of it shall be punjshablc- (i) wilh fine which may cxtend lo five hundred rupees, or (ii) in case of a conrinuing breach, wih fine which may extend to filly rupees for cvcry day during which [he breach continues afier reccipt of written notice from he Chairman lo discontinue be breach. (4) No rule made under this secuon shalI have any validity unless and un~ilii is sancrioned, will1 or withoul modification, by the Statc Government. Col~ditions 150. The powcr 10 makc rulcs under seclion 95, secuon 148 or pre~rdenrlo secuon 149 shall be subject lo [he condirion of the rules being made rhc making of nrlcs after previous publication* and lo the following further condilions, under namely,- scclions 95. 148 or 139. (a) a draft of the rulcs shall be published by nouficauon and in local newspapers; Tlie IIot~v-alrI t~~prove~izAacrtf, 1956. (6) such draft shall not be rurlhcr proceeded with unLil after ~ h ccx pjrnlion of n period of onc month from such publicalion or such lungcr pcriod as h eS lalc Go\crnmenl or (in he case of rules madc under secrion 149) Ihc Board may appoin~; (c) for onc rnond~a [ least during such period, a prinrcd copy ol such drak shall hc kcpt at rhe Board's ofticc for public inspcc~iona nd cvcry pcrson shall bc pcrmillcd at any reasonable lime ro pcrusc he same, frcc oi charge; (d) printed copies of such draf~s llall be supplied to any person requiring [he samc, on payment of a fcc of '[one rupee] lor each copy. 151. Wbcn any rule has bcen made by or with lie sancdon of the Publicalion Slatc Govcrnrnenl under scction 95 or section 148 or section 149, it D5"1CS~ shall bc published by ~hcSr arc Governinenr by nolilicalion, and such i publicalion shall be conclusive proof ha1 he rule has bccn duly made. I 152. The Chairman shall cause all rules rnenlioncd in the iorcgoing :P$riviizngo mrd sectian la be printed and copier ro be supplied to any applicnnr on payment of a fez al '[onc rupee] for each copy. NIS. 153. Copies, in English and Bengali, of all rules made undrr mbitionof section 148 or seclion 149 shaIl bc hung or affixed in some conspicuous copis of rulcs. part of thc Board's office and in such places of public rcsorl affecled by the rulcs as the Chairman may think fil. CHAPTER VIlI. Supplemental Provisions. 154. Every Trustcc, and cvcry orficcr and scrvant of h eB oard, and Trusws.e~c,. cvery mcmbcr and olficcr and scrvant of h eT ribunal, shall be deemed dccd public An XLV or LO be a public scrvanl within h e meaning of seclion 21 of [he Indian ~~~~~. 11160. Pcnal Code. 'The words wihin thcsqum bnchrs wcrc subs~itu~fodr llic words "IWO annx," by s. o f kH oivr.r;lh Ini~rovcmenI[ Amencment)Acl. 1983 (West Ben. Act XLlll or 1983). . . 1. 'Thc words within the square bnckels wen: subclirutcd-fort hc words "lwo mn~b"y 49. ibid. The ffo~jrahhr iprovc~aenAr cr, 1956. [West Ben. Act Cotttribrrtiotis to\rnds leave allowance atd petrsiorls of servattts oJ lfre Goverrll~re~ir. Con~ribulions 155. The Board shall be liable ro pay such conmiburions Tor the by Board [cave al lo~vancesn nd pensions of any servant uf the Governmcnt cmployed (0ll.d )c314c as Chairman or as an omcer or scrvant of thc Borad, or as a mcmber dIotvmccs or oifiocr or servant of ~hTcr ibunal, as may be rcquircd. by [he conditions and pnsions olxnmlj of his scrvice under lIic Governmcnl to be piid by him or on his behal r. ortk Got1emment rrnploycd vnllerrhis Acl . 156, [(Power ro exterrd [Ire Bengal Mlnlicipal Act, 1932, to areas it1 tile r~eigfr~o~rr'lrouf oHd onlralr M~itticipalit~o ~vlricllt he provisions of tlrc presertt Acr /rove beerr e.rretlded.)-Oolirred by s. 40 of tlie Ho~vrnlt 1111provernen(rA tnerrdtllenr) Act, I995 (Wrst Ben. Act XV of 1995).1 157. [(P~rblicarioo~f t~ ~o~ifica~titoatdresr sectiorrs 113) arid 156(1) ill draj~f,o r crificist)l.)-01ni11edb y S. 41, i6id.l 158. Nothing in lhis Act shall be deerncd lo affect thc provisions of the Indian Telegaph Act, 1885, or the Indian Railways Act, 1890. XnIof 1885. 1X oi 1890. LegoI Pmceeditrgs. 159. No~wtih slanding con taincd in the Code or Criminal Procedure, A CV~ o f lS9S. 1898,- all offenccs against chis Act or any rule rnndc hereunder shall, whercvcr comrniltcd, be cogni-able by a Magisrrate of hc first or sccond class, and no suctl Magismare shall be dccmed to bc incapable of ~nkingc ognizance of any such offencc by reason only of bcing liable la pay any tax imposed by [his Act or of his being bcnefired by the funds to the credi~o f which any c fine imposcd by him will be payable. Linitdon ol 160. No pcrson shall be liable to punishment for any offencc against ririie Tor his Acr or any rule made hereunder unless con~plainto f such offcncc prusccu~ion. is made bcrore a Magistra~eo f he first or sccond class '[within thrcc monlhs nexL af er thc delec~iono f the commission of such offcncc]. 'The words within rhc squarc bnckels wen: substi~utcdT or ihc words "within ih~e rnonlhs nrxl al'ct ihe commission of mch offencc" by s. 50 of the Howrah lrnprovc~nznt (h~cndment).4 c1. 1983 (Wcsr den. Acr XLIlr or 1983). The Ho~vralt~ rrprovettzerrrA ct, 1956. XIV of 1956.1 161. Thc Chairman may, subject lo the conlrol of !he Board,- P*\u~rs~f Chaihun ns (a) institute, defend or direcl the wilhdrawal of, lcgal [oimli[ulion, ctc., oflcgal proccedings under his Acl or any rule made hereundcr; prncccdinFs and obtaining (b) compound any offence againsl this Act or any rulc made ~ ~ ~ d ~ d ~ i ~ ~ , hereunder which, under any law for Ihe Limc being in force, may lawfully bc compounded; (c) admil, compromise or withdraw any claim made undcr this Acl or any rule made hereunder; and (d) obtain such legal advice and assistance as he may from lime to lime [hink i~ necessary or expedient to obtain, or u he may be desired by the Board 10 obtain, for any of the purposes referred to in the foregoing clauses of this sec~on, or for securing thc IawFuI exercise or discharge of any power or duty vcsicd in or imposed upon thc Board or any omccr or scrvani of thc Board. 162. No sui~sh all be mainrainable againsr ~hBco ard, or any Trustee, Indc111~ilyto or any oi-ficcr or scrvnnr of the Board, or any person achg under the Board, CIC. dircclion of thc Board or of [he Chairman or of any oficer or senranlo f the Board, in rcspecr of any~hingd one la~vfully and in good faith and with due care and atlention under this Act or any rule made hereunder. 163. No suit shall be instituted against !he Board, or any Trustee, or NOUN of any officer or rervanl of he Board, or any penon acting under thc ~ ~ ~ ~ ~ ~ , [ direclion of Lhc Board or of thc Chairman or of any officer or scrvant of rlle Board, in respecr of ,my act put-porting lo bc donc undcr this Acr or any rule made hereunder- until he expiration of one rnonlh ncxt after writtcn notice has been delivered or lcr~a t thc Board's orficc or thc place of abode of such officer, servant or pcrson. slating thc causc of action, the name and placc of abodc of thc intending plaintiff, and the relief which hc claims; and tl~ep linl shall contain a slatcmenl that such notice has been so delivered or Icft. Pulice. 1 (1) The Superintendent of Policc, Howrah, and his subordinales C~pcn~ion oilhc police. shall co-opcrate with the Chairman for carrying into effect and enforcing the provisions of this Acl. Tile Holvrah I~ttprnve)tre/A~crr , 1956. [West Ben. Act (2) 1i shall be thc duly of cvcry police oficcr who is subordinate to thc Superintendent of Police, Howmh- (i) 10 co~nmunica~we irhout delay rr> thc proper officer or servant of the Board any informarion which he rcceives of a design to commit or of the commission of any offence against his Act or any rulc made hcrcundcr, and (ii) to nssisl the Chairman or any oficcr or servant of rhc Board rcasonahly demanding his aid for rhc lawful exercisc of any powcr vesling in thc Chairman or in such oficcr or scrvanl under this Act or any such rule. 165. (I) Evcry police officcr may arrcs! any person who commits, in his vicw, any offencc ogainsl [his Act or any rulc made hereunder, i F the n.mc and address of such person bc unknown to him, and if such pcrson, on demand, declincs lo give his name and address, or gives a name or addrcss which such officer has rcason to belicvc lo bc false. (2) No pcrson so arrested shall be dclaincd in cuslody artcr his m e name and addrcss are ascerraincd, or wirhout the order of a Magistrate, for any longcr lime, not exceeding ~wenly-fouhr ours from thc arrest, lhan is necessary for bringing him before a Magisirate. (3) Any policc officer abovc the nnk of n constable may mcst any person who obslructs any officcr or servant of thc Board in the excrcisc of any of [he powers conferred by rhis Act or any rulc made hercundcr. Pr00r0r 166. Whenever, undcr this Act or any rule ~nadeh crcunder, he coostnt. erc.. doing or [he ornilting to do anything or the validity of anything depends oTBod or Chairman or upon rhc approval, sanc~ionc, onsent, concurrencc, dcclaradon, opinion O~~~CI'IOT or satisfaction of- rrn.ult of Board. (a) the Board or the Chairman, or (6) any officcr or servant of the Board, a wriitcn documenl, signed, in casc (a) by rhc Chairman, and in casc (b) by rhc said officer or servant, purporting to convcy or set forth such approval, snnc t ion, conscn t, concurrence, declaradon. opinion or salisract ion, shall bc suficicnt cvidence 01 such approval, sancdon, consent, concurrencc, declaration, opinion or sa~isfaction. Vdi&i~iuno f 167. (I) No act done or pocceding rakcn under this Act shall be acls and questioned on the ground mercly of- prmwdinp (a) the exisrcnce of any vacancy in, or any defecl in the conslitution of, [he Board or any Commiltcc; or The Ho~vrrrlrI tt~provertrcnrA ct. 1956. XIV of 1956.1 (b) any person having ccucd 10 be a Truslee; or (c) any Truslee, or any pcrson associnrcd wilh thc Board undcr section 16, or any orher rnembcr of a con~mi[tcca ppointed undcr [his Act, having vored or lakcn any othcr pan in any proceeding in contravcnLion of seclion 20; or (d) thc failure 10 scrvc a notice undcr secdon 47 on any person where no substantial injustice has resultcd from such hlurc; or (c) any omission, defec~o r ittcgul~nio~t affecting the mcrils of rhc cxc. (2) Every mccting of the Boxd, the minules of 111ep roceedings of which have bcen duly signcd as prescribed in clause (h) OF scclion 1 5, shall be taken to have been duly convened and to bc free from all defecl and irregularity. I I 168. In any case not otl~nvisee xprcssly providcd for in this Acr, Gcncd thc Board may pay rcasonable compcnsnlion io any pcrson who suslains pot~eror Bod damage by reason of the exercisc of any of thc powers veslcd, by chis P Y i mmgma- ! Act or any rule madc or scheme suc~ionedh ercundcr, in ~hcB oard ,ion. or lhe Chairn~ano r any ofliccr or servant of the Board. ! 169. (I) If. on nccounl of any ncr or omission, any pcrson has bccn Co~npcw- convicted of an offence againsl [his Act or any rule made hcrcunder, lion ro k: by and. by reason of the same acl or omission or ~ hsca id person, damage ofkndrmfor has occurred lo any properly of !he Board, compensation shall be pnid d ,,&by y n3gr: by thc said person for the said damagc, notwilhstanding any punishrncnt lhcm- to which he may have been senrcnced Ibr [he said oKcnce. (2) In the event of disputc, h ea mount otcompensa[ion payable by lhc said person shall bc dc~erminedb y (hc Magisrrate beCorc whom hc was conviclcd of !he said ofrcncc. (3) If ~hcm ount or ;my compensation duc undtr this section be not paid, [he samc shall be recovcrcd undcr a warrant from h e said Magislrale, as if it were a fine inflicted by him on thc person IiabIc r herc for. 130. Every public nolice given undcr this ACLo r any rule made Public hereunder shall bc in wriling over the signature of the Chairman, and nouces how ,,k,,d, shall be widcly made known in h el ocality LO be aifccred hereby, by known. The Howoh Itr~proverrrerA~tc t, 1956- ['CVest Dcn. Act alfixing copies rhercof in conspicuous public places within he said Iocali t y, or by publishing the same by beal of drum or by advenisement in local hewspapers, or by any two ar morc of thesc means, and by any other means that the Chairman may (hink fi~. Newspaps 171. Whenevcr it is providcd by this Acl or any rule made hereundcr inwhich [ha[ nalicc shall be given by advertisement in local ncwspnpers, or that adwnisc- Irwnm or notifica~iono r any inrormarion shall be published in local newspapers, noticcs lo k published. such nolice, nodfication or infomarion shall be inserted, if practicable, in at Icasl rwo English newspapers and Iwo vernacular newspapers publishcd in Howrah or CaIcutia. Sigrrarrire otrd service of trotices or bills. Srmnping 172. Every notice or bill, which is rcquired by this A ~orL b y any slcnalFs on ~iouccsor rule modc hereundcr to bear the signature of the Chairman or of any hills. o~herT rustee or of any officer or servant of Ihe Board, shall bc dcemed ro be propcrly signcd if it bcars a facsimile of the signature of the Chairman or of such her Trustce or of such officcr or servant, as the case may bc, slampcd thereupon. Scruicc how 173. Whcn any nolicc, bill or olhcr docurncn~i s required by this 10 be ACLo r any rulc made hereundcr to be served upon or issued or presented effecrcd. to any pcrson, such service, issue or prescntalion shall be effec~cd- (a) by giving or ~endcrings uch document lo such person; or (b) if such person is not found, by leaving such document ;~r his laq~k nown place of abodc in Howrah, or by giving or rendering the samc to sornc adult ~nalcm ember or servant or his family; or (c) if such person docs not rcside in Howrah, and his address elsewhere is known lo the Chairman. by forwarding such documcnt to hirn by registcrcd post under cover bcaring the said address; or (d) if none of the means aforesaid bc availablc. by causing a copy of such docurncnl to be affixed on some conspicuous part of Ihc land (if any) to which the documenl relates. P0u.r r lo 174. The Board may- nlal;c surveys, or (a) cause a survey of any land to be made, whencvcr they cnnhibutc consider [hat 3 SU~VCYis necessary or cxpcdienr for cany ing lowards their con. out any of the purposes of this Acr. or Tlre Howrab 1trrprove11;etAi~c t, 1956. (b) uontribulc lowards the cost of any such survcy made by any olher lmnI authority. Power of errrq. 175. (1) The Chairman or any olhcr officcr of rhe Board authorized Poweror by him in this bchnlF may, with or without assislanrs or workrncn, enter Cn'lFY. into or upon any land, in order- (a) lo make any inspeclion, survey, measurcmcnt, valuarion or inquiry, (b) lo takc levels, (c) to dig or borc inro rhc sub-soil, (d) 10 sel out boundaries and intendcd Iines of work. (e) lo mark such levcls, boundxies and lincs by placing marks, and culling trenches, or (f) lo do any other ~hing, wheoever ir is neccssary lo do so for any of the purposes of this Act or any rule made or scheme sanctioned hereunder or any schemc which the Board intcnd io frame hereunder: Provided as follows:- (i) no such entry shall be mndc betwccn sunset and sunrise; (ii) no dwelling-house, and no public building or hul which is used as a dwelling-place, shall bc so entercd, unless wiih the consent of the occupier thereof, without giving [he said occupicr a1 leas1 twenly-four hours' prcvious writlen norice of rhc intention to makc such entry; (iii) suficient notice shall in evcry instance bc given, cvcn when any premises may o~hcrwiseb e entercd without notice, lo cnablc h ei nrnalcs of any apartment approprialcd to females lo rcrnovc lo some pan OF !he prcrnises where lhcir privacy nccd no1 be dislurbed: (iv) due regard shall always be had, so far as may bc cornpauble with the cxigencics of the purpose for which [he entry is made, 10 rhc social and rcIigious usages of the occupants of thc premises enrcred. (2) Whcnevcr the Chairman enters into or upon any landin pursuance of sub-sec~on( I), he shall at ~hcu mc of such enlry pay or tendcr payment of all neccssary damage to be done as aforesaid; and, in case of dispute as to thc suficiency of the amount so paid or tendered, he sbdl at oncc refer [he dispute lo Qe Board, whose dccision shall bc final. [West Ben. Act Punishn~ 176. If any Tms~ceo, r any officer or servant of [he Board, knowingly lor acquiring sllmor acquires, directly or indirectly, by himself or by any parlner, cmploycr i~~lcrcisn l or cmployce, otherwise than as such Trusree, ollicer or servanl, any vonlncl, crc., lvilh [he sharc or in[ercst in any conlracl or ernploymcnt wilh, by. or on behalf I3 o,ud. of, the Board, not being a s h m or interesr such as, under sub-section (2) of seclion 5, jr is permissible for a Trrustcc 10 have wilhoul being thereby disqualified for bcing appointed a Trus~ceh, e shall bc deerncd [o have comrniued the offence ~nadcp unishable by section 168 of thc ACX~L V OT Indian Pcnal Code. 1860. PCIIJ ly lor 177. Ir any person, wihou~la wful au1hority.- rrniovrn_c f llcc.cic.. in (a) removcs any fence or shoring-limber, or removes or SIRYI. exringuishcs any light, sci up under secrion 59. or (b) infringes my ordcr given, or removes any bar, chain or posi I lixcd, under sub-scclion (2) of secrion 60, I hc shall be punishable with line which may cxrcnd to fifty rupees. 178. If any person, wirhoul ihe permission of [he Chairman requircd by sub-sccrion (8) of sccrion 63, erccw. re-erects or adds [o any wall (exceeding ten Feel in heighr) or building which falls within thc sueet alignrncnl or building linc of a projectcd public skeet '[or a projected public park] shown in any plan sanctioncd by the Stale govern men^ undcr he said scction, or erecb, re-crcctr or adds lo any building or wall on any land scheduled [or the proposed fulurc cxtcnsjon of the scwagc disposal site undcr seclion 64, hc shall be punishablc- (a) with finc which may cxtcnd, in the casc of a masonry building or a wall, 10 five hundred rupees, and, in he casc of a hu~,[ o lif[y rupees, and (b) with Iurthcr fine which may extend, in h ec llsc oia masonry building or a wall, to onc hundred rupees, nnd, in [he casc of a hur, LO ten rupees for cach day alrer tlrc first during which rhc projection conlinues. Ycnahy for 179. If the owner for he time bcing or any wall or building in kilurc~o wll\ove wall rcspcct of which an agrcemenl hx bccn execuled as provided in sub- or building sec~ion( 9) of section 63, fails- in respec1 of ~vhich (a) to rcmovc such wall or buiIding, or any specified ponion ngrrcmnr ~hcrcofw, hen so required by nolice issued under hat sub- has ht.n cxccutc~. seclion, or, 'Thc ubordsw ithin thc squm hnckels were inscned by s. 5 1 olrhc Hownh Impmvemen~ The Ho~vrnnlj1 111provetrienAt ct. 1956. (b) wilhin liflcen days from rhc reccipr of such notice, to aurhorize [he Chnim~anb, y permission in wriling, to rcmove 11ie said wall, building or ponion, hc shall be punishablc- (i) wirh fine which may extcnd, in ~hcca se of a masonry wall or building, to one hundred rupccs. and, in the caqc of a hut, to Iwcnly rupees, and (ii) with fuflhzr fine which may cxlend, in [he casc of a masonry wall or building, lo tcn rupees, and, in he caw of a hut, lo five rupccs, for cach day altcr [he first during which ll~ch ilure continucs. I 180. If any person hils to comply with any requisition made under Pcndqfor ! scc~ion1 42, he shall be punishablc- iailurc I0 ! comply with requisilion (a) wilh fine which may cxtend lo one hundred rupces; or tmdrby f I audiroi i (b) in case ofa continuing failure, wirh fine which may extcnd i to fifty rupees Tor each day af~crth e first during which the ! failure continues. 181. IT any pcrson- Pcndty for obsuucung (a) ~bslruclso r moleils any pcrson with whom rhc Chairman o I,,,,,,, has cn~eredi nlo n conrract on bchalf of !he Board, in lhc z n g performance or execution by such person of his duly or of anything which he is cm'p~wcrcdo r rcquired lo do by virtue or in consequencc of this Act or any rulc made hcreunder, or (b) rcmores any mark set up Tor the purpose of indicating any Icvel or direclion necessary lo the cxccurion of works aulhorized by this Act or any rule made or scheme sanctioned hcreu ndcr, hc shall bc punishablc wilh fine which may extend lo two hundrcd rupees, or with irnprisonmcnt for a term which may exlend to two nion ths. Recoveql of expetrses. 182. Whcn a rvri~[enn otice, issued under sub-section (9) of scction ~ ~ ~ ~ d ~ r 63. Tor the removal or a wall or building, or any ponion ihereof, is not ;&!~gMo complied with by the owner ~bcrcoff or the hme bcing as provided in ~~~~~~~f . scction 179, h eC hairman may proceed io remove sucli wall, building cxpnm. -- or por~iona nd [he expenses incurred in eflccling such rcmoval shall I hp ,-,.P~,.~~LcI..-, -..I.. -r .L - ..- - , . , [West Bcn. Act S~tspe~rsioor ~a~b oliriorr, a~zdr e-i~~ipositoiof ~ta~r arion or t~rrrrricipalc onrribirrin~rs. Susperusion 183. (I) Whcnever rhe State Govcrnrnenl considers thal any duty oraboli~ion. mdr c- or lax imposcd by Chap~erV , or any paymcnl required by section 96, irnposil~on or any portion of any such duty, lax or paymcnr, as the case may bc, orru;ziol~ or municipal is no1 rcquired for the purposcs of his Act, i~ may by notification,- c~r~~nbu~iom. (a) suspend, for any spcciticd pcriod. the levy of such duly or tax or any specified pordon rhcrcof, or the making of such paymcnr or any specified portion thcreof, or (b) abolish such duty, tax or paymcnl, or any specificd portion [hcrcof, from a dale lo bc specihcd in he notification. (2) If at any timc h c Stale Government considcrs that any dury, [ax or payrncnt, or any porrion hcrcof, which has been suspended or abolishcd under sub-section (I) is rcquired for the purposcs of [his Acl, il may, by notification, cancel such suspension or abolition, wholly or in parl, as il may think fit, from a date to be specificd in the notification. Dissolst ioll of Board. Powcrof '184. (1) If in the opinion of [he Statc Government it is necessary Stye Govcnlncnl so to do ivih a vicw to bctter co-ordination and spccdier execulion of lo supcrscdc development work and rnain~cnancch crcof [he Stale Governmcn~m ay, rhc Bod. by an ordcr published in the Oflcial Guzet~ca nd mentioning thcrein the rcason for the ordcr, supcrscde the Board Tor such period as may bc spcciGcd in [he order. (2) For thc rcmoval of doubts it is hcrcby dcclared lha~n o notice wharsover is required ro be given lo the Board fur submission of any rcprcscnrarion before making any such arder of supersession under sub- sccrion (1). (3) The Statc Government may, if it considers necessary so to do, by order, extend or modify from h eto time the period of supersession. '18411, (1) When an ordcr of supersession has becn made under scction 184, ficn wilh effect from thc date of the order- (a) all Trustecs of thc Board and all membcrs of other persons . consti~udngc om~niuecssh al1 vacate heir respectivc ofices; 'Seclions 184nnd 184A werc subs~i~u~I~cdr ori~nscaclr ion 184 by thc scttcdulc, [which was insencd, in tk principal Act. by s, 6 or the Calcurw Mcmpoli~nnD e\*elopmntA ufhority (Amcndmenr) Acr, 1974 (\Val Bcn. Acl XXl or 1974).] to he Calculla Mcmplilm r)cr.clnprncnr Aulhoritv Acl. 1972 (WCFIB cn. Acc XI 01 1972). The Holvralr I~~lprovenreAr~ctr, 1956. XIV of 1956.1 (b) all properries, funds and ducs which are vesled in or reaIisablc by hc Board and the Chairman, respccrivcly, shall vest in and be realisablc by rhc Calcutta Melropolitan DeveIopmcnr Authority canstitured under seclion 3 of rhc Calcutta Metropoliran Developnlent Authority Act, 1972 (hereinafler rcferrcd lo as thc Mctropoli tan Authority); (c) all conuacrs and liabilities which are enforceabIc by or against thc Board shall be enforceable by or against the Mctropoliian Aulhority; (d) all the powers and duties which may, under [he provisions of this or any ohcr Acr or any rule, regularion, byc-law, order or no~ificu~iomn ade rbereundcr, bc cxcrcised or performcd by the Board, Cornrni~~cocr the Chairman shall bc excrcise or performcd by thc Melropolilan Authority; (c) a11 legal proceedings institulcd by or against [he Board may be continued or cnrorccd by or against hc Metropoli~on Aulhoriry; (f) all olficcrs and other employees of the Board conlinuing in orlice immediately before the dale of [he order shall be deemed ro bc cmployed by the Meuopoliian Authority on such terms and conditions not bcing less advanlageous than what lhcy were entitlcd to immedialely beforc thc said dare. (2) Thc State Government shall, before Ihc cxpriration of the pcriod of supersession, reconsliturc the Board in accordance wilh Ihc provisions of this Acl. (3) Tile Srnre Government may make such incidenhl or consequential ordcrs as may appear lo ir lo be necessary for giving effect lo h eo rder mode undcr sub-seccion (1) or (3) of scction 184 or undcr sub-seclion (2) of lhjs scction. Tire Holvralr I~~~provemAecrt,~ 1t 956. [West Ben. Act {Scfredule I.) (b) all liabilities which areenforceable against theBoard shall bc enforceable only against [he Commissioners of the Howrah Municipalily ; (c) for [he purposc of compleung the exccution of any scheme, sancrioned under this Act, which has not been fully cxeculed by the Board, and of realizing propenies, funds and ducs refcrrcd to in clause (a), ihc runctions of Ihc Board and he Chairman under this Acr shall bedischarged by heC haim~an of he Howrah Municipality; and (d) [hc Corn~nissioncrso f the Howrah Municipalily shaII keep sepmic accounts of a11 moneys respcciivcly reccivcd and cxpcndcd by thcm undcr his Act unril all loans raised hcrcunder have been repaid, and unril all orher liabilities referred to in clause (b) have been duly met. I SCHEDULE I.

(Referred to b secrior~7 0.) I i Further modifications in the Land Acquisition Act, 1891. I 01 1 t(94. Anlendmenr 1 scc'ion 3, 1. Alter clause (e) of seclion 3, h ef ollowing clause shall be deemed lo be inserted, mane1y:- '(e1 ) theexpression "Iocat authority" includes theBoard ofTrus~ccs I conslilutcd undcr rhe Howrah Improvement Act, 1956:'. I ~crvsc crioo I 6A. 2. Arlcr scction 6, Lhc IblIowing sccrion shall bc deemed lo be jnscncd, namc1y:- I "Publication or 6A. When acquisition is proposed lo be made of n hc o -p r ifiwiiond bjcc- land compriscd wirhin my improvcmenl schcme fmcd rionsmddcclm- by [he Board and published under sccuon 51 of [he [ H io u n w u n n h d e lm r I p h m r vc- Howrah In~provemenAl ct, 1 9 5 6 mrnr Acr. 1956. lo subsli[urcd lor (i) the publicationofanoticeof heimprovement scheme rhosc undcr under sub-section (2) OF seclion 45 of heH owrah soniuns 4, SA Improvement Acl, 1956, shall be substilured for and md 6. have [he same effect as publicarion of a notificarion in the Oficial Gazerre and giving public nolice of the subslance of such notification in [he locality under section 4; (ii) proceedings under section 47 and sub-section (1) of seclion 49 of chc Howrah improve men^ Act, 1956. shall be subsu~uledT or and have the same effect as proceedings under scction 5A: (Scitedrrle I.) (iij) tlle puhlica~ono f a notilication under section 51 of the Howrah Irnprovemenl Act, 1956,s hall be substituted for and have [he sane effecl as a declaration under seclion 6.". 3. In scclion 11, before the words "make an award under his hand" Anlcndn,l ,c,n l thc words "ailcr considering such cvidence as may be adduced by the ol Board under sub-sccdon (2) of secrion 50" shall be Jeemcd lo hc inserled. 4. In scclion 15, for !hc word and figures "and 24'' [he figures, word and letter "24 and 24A shall be deemed lo be subnitulcd. 5. (1) Tn sub-section (3) of secrion 17, afier the figures "24" the wards, figurcs and leuer "or scction 24A" shall be deemed to be inserled. (2) To the said secdon 17, [he following sub-suctions shall be deemed ro be added, namely:- "(5) Sub-scclions ( I) and (3) shall apply also in the case of any area which is stalcd in a ccrrificate granted by a salaried hlagisrrale of [he firs[ class to bc unhealthy. (6) Dciore granling any such cerlificalc, Ihc Magisuatc shall causc no~iccl o bc servcd as promplly as may be on the pcrsons rcfcrrcd ro in sub-scclion (3) of seclion 9, and shall hear wilhour any avoidablc dclay any objections which may be urged by them. (7) Whcn proceedings have bccn takcn under this seclion For [he acquisilion of any land, and any pcrson suslains damagc in consequence of bcing suddenly dispossessed or such land, compcnsarion shall be paid to such person for such dispossession.". 6. Afrcr seclion 17, [he following sccuon shall bc dccmcd to bc Ncw inscncd, numcly:- scclion 17A "'l'~mlsc r of land 17A. In cvcry case rcfcrrcd to in section 16 or io Hoanl. section 17, [he Collector shall, upon paymcnt or thc cosl of acquisilion, make overcharge of lhe land lo h eB oard; and thc land shall llicrcupon vest in the Board, subject lo the liabiliry of thc Board lo pay any funl~erc os~sw hich may be incurred on account of irs acquisition.". 7. '(I) Sub-section (2) of section 23 srands rc-in troduccd. Anxndment or secrion 23. 'Suh-par;~gmpll(Iw) ns subsriruicd for ~liacn ginal by s. 52 ofrheHowmh lmprovemenr (A~~:cnd~~iAccnlr. )1 983 (\Vcsr Ucn. Act XLllI or 1983). The Holvrnlr I~trproveeletrfA cr. 1956. [Wcsl Ben. Act (Scl~edttleI. ) (2) At~hccndofsec~ion23,tI1eColIowiogsub-sccrsihoanl l bcdccmcd lo be added, namely:- "(3) For the purposes of cIause firrr of sub-section (1) of this section,- (a) whcn acquisition is propnsed to be madc by ~liBc oard of land comprised within any improvement schcmc framed by rhc Board and published under scclion 51 of the Howrah Irnprovcment ACI,1 956, lhe markct-value of thc Iand shalI be dccmed to bc lhc market-valuc according to d~edisposirionofh c land at thcda~co€publicationo r~he notice undcr sub-section (2) of section 45 of the said Act; and in orllzr cues, the markel-valuc shall be deerncd 10b c rhc mdtt-valuc according to the disposition ofthe land at ~hcda le of publicalion of thc notification relating [hereto under senion 4; (h) if thc markel-value has bccn increased OF decreased owing lo he land falling willin-or near to thc alignment of a projcctcd public strecl, so much of [he incrcme or dccrease asmay beduc Lo suchcausc shall bedisregardcd; (c) if any pcrson, wilhout the permission of thc Chairman required by sub-section (8) of sccdon 63 of rhc Howah Irnprovcment Act, 1956. has crccicd, re-ercclcd or added to any wall (excecding ten fcei in height), or building within the skeet alignmenlor building line of a projcctcd pub1t c succl or u projcctcd public park, or havingercclcd, rc-crecled or added lo any wall or building as aforesaid wilhsuchpennission fails toremovesuch wallor building or any specified portion rhercof when so rcquircd by ,nolice jss~cdu nder sub-sec~ion( 9) of ithe said srclion, hen any increase in tl~mc arket-valuc rcsulring from such erzclion, re-erection or addition shall bc disregarded; (d) if any pcrson erccls, re-erccts or adds ro any wall: (exceedingtcn feelin hcight),or building wilhina pmjccred sewage disposal site or having crccted, re-erectcd or added to any wall or building as aforesaid fails lo rcmove such wall or building or any specified portion thereof when so rcquired by a nouce issued by the Board, then any increase in ae market-value resuIting rroni such crccdon, re-crcctinn or addition shall he clisrerrarded: Ttiu Holvrflh brpr-overtrerrr Acr, 1956. XIV of 1956.1 (Scf~edrtleI .) (e) if the rnarkct-value has bccn incrcascd by means of any improvement ~nadcb y the owncr or his prcdcccssor-in- ;meres[ ~vjlhinI wo years before he dalc with reference to which rhcmarket-valuei s to be deterrnincd, such increase shall bc disregardcd, unless il bc proved that thc improvctncnl was made boriafideand no~inconremplation of proceedings for lhc acquisi~iono of thc land being tnkcn under [his Aa; (0 if the markci-value isspecially highinconscqucnceof [he land bcing put to a usc which is unlawful or conlrxy to public policy, [hat use shall bc disregarded, and [he markc~-values hall bc dcemed lo bc rhc markecvaluc or the land if p ut~o ordir~aryu scs; and (g) if Lhc market-valuc of any building is specially high in consequencc of [he building bcing so ovcrcrorvdcd as 10 be dangerous to rhe hcalth of [he inmarcs, such overcrowding shall bc disregardcd, and the markcl-valuc shall be deemcd lo be the markct-valueo f Ihc building if occupied by such number of persons only as could bc accommodared in it wilhout risk of dangcr from overcrowding.". 8. For clause sevellrlils of secrion 24, the following shall be deemed Al~lcnd~nznr to bc substiruled, namely:- oi section 24. "sevetlrl1i~:a ny outlay on additions or in~provemcnlst o land acquircd, which was jncurrcdaiter thedatc wi [h reference lo which [he marker-value is ro be dcrcrmined, unless such additions orimprovcmcntsw ere neccssq for h em ainrcnance of any building in a proper srale of rcpair.". 9. ACcer scclion 24. [he following sectian shall be deemed [o be New sccrion insencd, namely:- Z4A. "Funhcr 24A. In delemining [hc amounr of compensa!ion to prov~sionsI or aclc.rl,,ining bc awarded for any land acquircd for he Board undcr [his cdll~~nsa~ion.A ct, heT ribunal shall also have regard to thc following provisions, namely:- (1) when any inrerest in any land acquircd under rlus Act has been acquircd airer \he dalc with reference lo which he rnarkcl- value is to bc detcrnlined. no scparate estimare of hc value of such interest shall bc made so as 10 increase the amount or comoensalion In he nnid for such Innd: TIM Howmlr Itizpr-ovcarcttr Act, 1956. [West Ben. Act (Sclzcdrrlc I.) (2) if, in ~hocp inion of thoTribuna1. any building is in adefective sratc. from a sanilary poinr of vicw. or is no[ in a reasonably good slare of rcpnir, thc anlounr of compcnsation shall nor cxcccd the sum wlich h eT ribunal considers the building would be worth if it were put inlo a sanitary condition or inlo a reasonably good sratc OF repair, as the cxc may bc, r~rirrlrs ihe es~iniatedc ost of pulling it into such co~tditiono r stnlc; (3) if, in rhc opinion of rhcTribunal, any building, which is used or is intended or is likely to be used for human habi~ationi,s not resonably capableof being madc lil For human habitarion, [he amount of compcnsation shall not exceed [lie vaIuc of rhc marcrials of [he building, i~lirr~th~es c ost of demolishing [be building; (1) i F any tank in any arca comprised within a schcmc rr,ul~cdb y thc Board and pubIisllcd under seclion 51 of [lie Howrah ln~prove~nenArc t, 1956, is, on account of accumulation or fjlth, rubbish or putrid matter or of the pcrcolation or foul water From the kirchen, courryard, privy or urinal, or For any orhcr cause, in an unl~ygicnicc ondi~iono r contains water which is discoloured or malodorous or unh~To r usc for domcsric purposes, or is a sourcc of nuisancc or diseasc, B~en norwithsranding anylhing contained in any law for the time being in rorcc, Ihc Tribunal shall, in dctcrmining !he amount of compcnsntion, make such dcduciion rronl the markel- vaIue of thc rank according to ils presenr disposition as will, in thcir opinion, be a reasonable scr-off agninit the cos[ to socicty in unhcalrhiness, disease and discomfort caused by the tank being kepl in such an unhygienic or insanitary condition.". . Anizndrnrnl 10. Sub-section (2) of scclion 27 shall be dzc~nedro bc omilrcd. of seclion 27. New 11. Allcr scction 48, t he following scctions shall be deemed to be scc~ions ~ SaAnd inscrred, namely:- 4sn, "Com~clisation 48A. (1) IT, wilhin a period ortwo years from thcdate lo be alvnrded whcn land no; of the issue of thc public notice under sub-seccion (1) of ~ ~ ~ ~ ~ seiclllonh 9, iin rncrp cclof any land, [he Collcctor has no1 made an award undcr section 11 with respec1 to such land, rhc owner oithe land shdE bc cntitled to receive compcnsation for thc damngc surlcrcd by him in consequence of rhc dclay. Tlre Holvrol~I t~rproverrrenAr ct, 1956. XlV of 1956.1 (ScI~edrrleI. ) (2) The provisions of Pa11 111 of this Acl shall apply, so far as may be, to he dcleminauon of the compensation payable under !his section. Stclinm 48 md 48B. No compensation shall be payable in pursuancc 4 in 8 . A y n no il 1 i n LO E m ap S. p ly of section 48 or scction 48A when proceedings Ibr the acquisician of lmd have bccn abandoned on thc execution of an ngrcement, or !he acccptance of a payment, in pursuance of sub- seciion (4) OF sccuon 79 of the Howrah lmprovcment Act, 1956.". 12. Forsub-scclion (1) of scclion 49, [he following sub-sccuonshall Amcndmcni be deerncd to be substituted, namely:- or sccrion 94. "(1) The provisions ol his Act shall not bc pu~in force for the purpose of acquiring a pad only of any housc, rnanufaciory or othcr building if lhe acquisiuon of thc par1 will render [he full and unimpaired usc of h er emaining porlion oflhc house, manuiac~oryo r bujIding irnpmc~icablc: i Provided ha1 if any qucslion shall x~saes to whe~hcr[h e pxl proposed~ohcacquiredw illrenderthc full and unimpaired ! use oi' he remaining portion of heh ouse, manufactory or building irnpraclicnble, thc Colleclor shall rcfcr the I dc~erminationo f such queslion to the Counand shdl not take possession of such part until aficr the qucsuon has been i dclermined. In deciding on such a rekrcnce the Court shall have rcgard only to [he question whelhcr Lhe land proposed to be taken is reasonably required for h el ull and unimpaired usc of the remaining portion of lhc house, manufactory or building.". Ichapur Norlh Banrn Do. Do. North Banrr Shahanpur Ichapur Do. Sou 111 Bantr Do. Do. Do. Do. Do. Chakrabcria B ator Do. Do. Padmapuku. Do. Padmapuku Do. Do. Dakshin Bu Do. Do. Do. Do. Makua olio: Thnna Mak! Makua Goaberia (Panchpad Land mc under the L: Gazette, dab 19th Augusl (cid:9) Registered No. WB/SC-247 No.WB(Part-III)/2017/SAR-19 &Mutts +icLict vi44.; Extraordinary Published by Authority (cid:9) CHAITRA 10] FRIDAY, MARCH 31, 2017(cid:9) [SAKA 1939 PART III—Acts of the West Bengal Legislature. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 385-L.-31st March, 2017.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general infonnation:— West Bengal Act X of 2017 THE HOWRAH IMPROVEMENT (AMENDMENT) ACT, 2017. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 31st March, 2017.] An Act to amend the Howrah Improvement Act, 1956. WHEREAS it is expedient to amend the Howrah Improvement Act, 1956, for the West Ben. Act XIV of 1956. purposes and in the manner hereinafter appearing; It is hereby enacted in the Sixty-eighth Year of the Republic of India, by the Legislature of West Bengal, as follows:- Short title and 1. (1) This Act may be called the Howrah Improvement (Amendment) Act, commencement. 2017. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. (cid:9) 2 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 31, 2017(cid:9) [PART III The Howrah Improvement (Amendment) Act, 2017. (Sections 2-4.) Amendment of 2. After clause (n) of section 2 of the Howrah Improvement Act, 1956 (hereinafter section 2 of West Ben. Act XIV of referred to as the principal Act), the following clause shall be inserted:— 1956. (o) "State Government" means the Government of West Bengal in the Department of Urban Development and Municipal Affairs;'. Insertion of new 3. After section 29 of the principal Act, the following section shall be inserted:— section after section 29. "Power of (cid:9) 29A. Notwithstanding anything contained elsewhere in this Act, appointment etc. the Municipal Service Commission constituted under the West Bengal West Ben. Act XXII of 1993. Municipal Act, 1993, or any other body as may be notified by the State Government, shall select candidates for being appointed in the Howrah Improvement Trust.". Amendment of 4. For section 95A of the principal Act, the following section shall be substituted:— section 95A. "Power of State(cid:9) 95A. (1) The State Government may, for the efficient Government to issue directions.(cid:9) administration of this Act or for such other reasons as it thinks fit, issue direction to the Board from time to time and the Board shall carry out such directions as issued to it from time to time by the State Government. (2) If any dispute arises between the State Government and the Board, the decision of the State Government on such dispute shall be final " By order of the Governor, MADHUMATI MITRA, Secy. to the Govt. of West Bengal, Law Department. Published by Law Department, Govemment of West Bengal and Printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700 056.