The Calcutta Metropolitan Development Authority Act, 1970

President's Act No. 17 of 1970 
Central 
Act 17 
of 1970. 
THE CALCUTTA METROPOLITAN DEVELOPMENT 
AUTHORITY ACT, 1970 
[16th July, 1970 
Enacted by the President in the Twenty-first Year of the 
Republic of India. 
An Act to provide for the establishment of an authority for 
the formulation and execution of plans for the develop-
ment of the Calcutta Metropolitan Area, for the co-
ordination and supervision of the execution of such 
plans and for matters connected therewith or incidental 
thereto. 
In exercise of the powers conferred by section 3 of the 
West Bengal State Legislature (Delegation of Powers) Act, 
1970, the President is pleased to enact as follows : — 
West 
Bengal 
Act XIV 
of 1965. 
CHAPTER I 
PRELIMINARY 
1. (1) This Act may be called the Calcutta Metropolitan 
Development Authority Act, 1970. 
(2) It shall come into force on such date as the State 
Government may, by notification in the Official Gazette, 
appoint. 
2. In this Act, unless the context otherwise requires,— 
(a) "Calcutta Metropolitan Area" means the areas 
within the Calcutta Metropolitan District; 
(b) "Calcutta Metropolitan District" means the area 
described as such in the Schedule to the Calcutta 
Metropolitan Planning Area (Use and Develop-
ment of Land) Control Act, 1965 ; 
(c) "prescribed" means prescribed by rules made under 
this Act by the State Government. 
CHAPTER II 
THE CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY 
3. (1) As soon as may be after the commencement of 
this Act, the State Government shall, by notification in the 
Official Gazette, constitute, for the purposes of this Act, an 
authority to be called the Calcutta Metropolitan Develop-
ment Authority (hereinafter referred tb as the Metropolitan 
Authority). 
(2) The Metropolitan Authority shall be a body corporate 
with perpetual succession and a common seal with power, 
subject to the provisions of this Act, to acquire, hold and 
dispose of property, and to contract, and may sue and be 
sued in its name. 
Short title 
and com-
mence-
ment. 
Definitions 
Establish. 
ment of the 
Calcutta 
Metropoli-
tan Deve-
lopment 
Authority. 
Composi-tion of the 
Metropoli-
tan Autho-
rity. 
2 The Calcutta Metropolitan Development Authority Act, 1970. 
[President's Act 
4. (1) The Metropolitan Authority shall consist of the 
following members, namely : — 
(a) the Chief Minister of the State of West Bengal, 
who shall be the Chairman thereof : 
Provided that when there is no Council of Ministers 
functioning in the State of West Bengal, the 
State Government may nominate such person, as 
it may think fit, to be a member and the Chairman 
of the Metropolitan Authority; 
(b) the Commissioner, Development and Planning 
Department of the Government of West Bengal, 
ea officio; 
(c) the Commissioner, Town and Country Planning 
Branch of the Department of Development and 
Planning, Government of West Bengal, 
ex officio; 
(d) the Financial Commissioner to the Government of 
West Bengal, ex officio; and 
(e) not more than three other persons, to be nominated 
by the State Government, of whom— 
(i) one shall be a Councillor of the Corporation of 
Calcutta, and 
(ii) the other two shall be persons who have been 
elected as commissioners of any municipality 
within the Calcutta Metropolitan Area. 
(2) The Chairman of the Metropolitan Authority shall 
discharge such functions and exercise such powers as may be 
prescribed. 
(3) (a) The State Government may appoint one member, 
from amongst the members referred to in clauses (b), (a), 
(d) and (e) of sub-section (1), as the Vice-Chairman of the 
Metropolitan Authority. 
(b) The Vice-Chairman shall discharge such functions 
and exercise such powers as may be delegated to him by the 
Chairman and shall, during the absence of 'the Chairman, 
perform the functions and exercise the powers of the 
Chairman. 
(4) The members referred to in clause (e) of sub-
section (1) shall hold office for a feint of three years, com-
puted from the date of their nomination by the State Gov-
ernment, and shall receive such allowances for attending 
the meetings of the Metropolitan Authority or any com-
mittee thereof, as may be prescribed : 
Provided that every such member, on ceasing to be a 
Councillor of the Corporation of Calcutta or the commissioner 
of any municipality within the Calcutta Metropolitan Area, 
as the case may be, shall cease to hold office as such member 
notwithstanding that the said term of three years has not 
expired and the vacancy caused by such cesser shall be filled 
by the State Government by making a fresh nomination. 
The Calcutta Metropolitan Development Authority Act, 1970. 3 
17 Of 1970,1 
(5) No act or proceeding of the Metropolitan Authority 
shall be deemed to be invalid merely by reason of any 
vacancy in, or defect in the constitution of, that Authority. 
5. (1) The Metropolitan Authority shall meet at such meetings  place and at such time, and shall observe such rules of 11/1"  et roli- thoP procedure in regard to the transaction of business at its tan meetings (including the quorum at its meetings) as may be Authority. prescribed. 
(2) The Chairman of the Metropolitan Authority, or, if 
for any reason he is unable to attend any meeting, the Vice-
Chairman, or, if for any reason both the Chairman and the 
Vice-Chairman are unable to attend any meeting, any other 
member of the Metropolitan Authority, elected by the 
, members thereof present at the meeting, shall preside at the meeting. 
6. The Metropolitan Authority may, with the previous Power of approval of the State Government, borrow any money for Metropoli-
carrying out the purposes of this Act or for servicing any Authority loan obtained by it. to borrow. 
7. There shall be a Fund for the Metropolitan Authority to which shall be credited— 
(a) such monies as may be paid to it by the State 
Government under the Taxes on Entry of Goods 
into Calcutta Metropolitan Area Act, 1970, 
(b) all monies borrowed by the Metropolitan Authority, 
(c) such other monies as may be paid to the 
Metropolitan Authority by the State Government 
or any other authority or agency. 
8. (1) The Metropolitan Authority shall maintain a 
sinking fund for the repayment of money borrowed by it, 
and shall pay every year into the said fund such sum as 
will be sufficient for repayment, within the period fixed for 
the repayment of the loan, of the money borrowed by it. 
(2) The money paid into the sinking fund shall be 
invested in such manner and in such securities as may be prescribed'. 
(3) The sinking fund or any part thereof shall be 
applied in, or towards, the discharge of the loan or part 
thereof for which such fund was created, and until such loan or part thereof is wholly discharged, the money 
standing to the credit of the fund shall not be applied for any other purpose. 
Funds 
of the 
Metropoli-
tan 
Authority. 
Sinking 
fund. 
9. The Metropolitan Authority shall keep accounts in Accounts. 
such form as may be prescribed and shall close such 
accounts at such time as the State Government may specify in this behalf. 
4 The Calcutta Metropolitan Development Authority Act, 1970. 
(president's Act 
10. The Metropolitan Authority shall prepare, every 
year, in such form and at such time as may be prescribed, 
a budget in respect of the financial year next ensuing show-
ing the estimated receipts and expenditure of the 
Metropolitan Authority and shall forward to the State 
. Government such number of copies thereof as may be 
specified in the rules made under this Act. 
11. (1) The audit of the accounts of the Metropolitan 
Authority shall be made by such person as may be 
appointed by the State Government. 
(2) The audit shall be made in such manner as may be 
prescribed. 
(3) The Auditor shall submit his Audit Report to the 
Metropolitan Authority and shall forward a copy thereof to 
the State Government. 
12. (1) The Metropolitan Authority may appoint a 
whole-time Secretary and such other staff as it may think 
fit for the exercise of its powers and discharge of its 
functions under this Act. 
(2) Every .  expenditure incurred by the Metropolitan 
Authority, including the expenditure incurred by it for 
meeting the salaries and allowances of the staff employed 
by it, shall be defrayed out of the Funds of the Metropolitan 
Authority. 
13. (1) The Metropolitan Authority shall, as soon as 
may be, constitute an Advisory Council for the purpose of 
advising it on the formulation and co-ordination of plans 
for the development of the Calcutta Metropolitan Area. 
(2) The Advisory Council shall consist of the following 
members, namely : — 
(a) the Chairman of the Metropolitan Authority, 
ex officio; who shall be the President thereof; 
(b) the Vice-Chairman of the Metropolitan Authority, 
ex officio; 
(c) the Chairman of the Board of Trustees for the 
Improvement of Calcutta; 
(d) the Chairman of the Board , -of Trustees for the 
Improvement of Howrab ; 
(e) one person holding office, for the time being, as the 
Commissioner of the Corporation of Calcutta; 
two persona with knowledge of town planning and 
architecture, to be nominated by the State 
Government; 
one representative of the Departaaent of Health of 
the State Government; 
(h) three representatives of the municipal corporations 
and other municipal authorities, other than the 
Corporation of Calcutta, within the Calcutta 
Metropolitan Area, to be nominated by the State 
Government; 
Budget. 
Audit. 
Power to 
appoint 
staff. 
Advisory 
Council. 
(I) 
(s) 
The Calcutta Metropolitan Development Auillority Act, 1970. 5 
17 of 1970.] 
(i) one representative of the Calcutta Electricity Supply 
.Corporation Limited, to be nominated by the 
State Government ; 
(j) one person representing the interests of the Calcutta 
Tramways Company Limited, to be nominated by 
the State (loveriment ; 
(k) a member of the Board. of Directors of the Calcutta 
Metropolitan Water and Sanitation Authority, 
to be nominated by that Board; 
(1) a. representative of the Calcutta Metropolitan 
Planning Organisation, to be nominated by the 
State Government; 
(m) two Members of the West Bengal Legislative 
Assembly, to be nominated by the. Speaker of that 
Asseinbly; 
(n) the Chief Administrative Officer, Metropolitan 
Transport Project (Railways), Calcutta; and 
(e) four other persons to be nominated ley the State 
Government. 
(3) If, for any reason the Chairman of the Metropolitan 
Authority is unable to attend any meeting of the Advisory 
Council, such meeting shall be presided over by such person 
as may be nominated by the Chairman of the Metropolitax 
Authority. 
(4) The Advisory Council shall meet as mad when 
necessary and shall have the power to regulate its own 
procedure. 
(5) The members of the Advisory Council shall hold office 
for such term, and shall receive such allowances for attending 
the meetings of the Advisory Council, as may be prescribed. 
14. (1) The Metropolitan Authority may constitute as fonstitu- many committees, consisting wholly of members of such tion of Authority or wholly of other persons or partly of members of commit-
such Authority and partly of other persons and for such toea• 
purpose or purposes, as it may think fit. 
(2) The committee constituted under this section shall 
meet at such place and at such time, and shall observe such 
rules of procedure in regard to the transaction of busieess 
at its meetings as may be determined lay the regulaticom made 
in this behalf. 
(3) The members of the committee, other than the members 
of the Metropolitan Authority, shall be paid such fees and 
allowances for attending its meetings and for attending to 
any other work of the Metropolitan Authority as may be 
determined by the regulations made in this behalf. 
6 The Calcutta Met opolitan Development Authority Act, 1970. 
[President's Act 
CHAPTER III 
Functions 
of the 
Metropoli-
tan 
Authority. 
POWERS AND FUNCTIONS OP THE METROPOLITAN AUTHORITY 
15. (1) Subject to such rules as may be made by the 
State Government in this behalf, the Metropolitan Authority 
shall be responsible for— 
(a) the formulation, subject to the approval of the State 
Government, of plans for the development of the 
Calcutta Metropolitan Area or such part thereof 
as it may think fit; 
(b) the co-ordination of the execution of plans, approved 
by the State Government, for the development of 
any area within the Calcutta Metropolitan Area; 
(c) the supervision of the execution of any project for 
the development of any area within the Calcutta 
Metropolitan Area, the expenses of the whole or 
any part of which are met from its funds; and 
(d) the financing and execution of any project in any 
plan for the development of the Calcutta Metro-
politan Area or any part thereof. 
(2) In particular, and without prejudice to the generality 
of the foregoing functions, the Metropolitan Authority shall 
also discharge the following functions, namely :— 
(a) to receive the money paid to it by the State Govern-
ment under the provisions of the Taxes on Entry 
of Goods into Calcutta Metropolitan Area Act, 
1970, and to apply such money for the purposes 
specified in sub-section (3) of section 12 of that 
Act; 
(b) to specify the development projects for the implemen-
tation of which any money referred to in clause (a) 
of this sub-section shall, subject to such conditions 
and restrictions as the Metropolitan Authority may 
impose, be applied by— 
(i) any municipal or other authority within the Cal-
cutta Metropolitan Area, or 
(ii) such other authority, not being a local authority or 
any authority specified in sub-clause (i), as the 
State Government may, by notification in the 
Official Gazette, specify in this behalf, or 
(iii) any Department of the State Government; 
Provided that the execution of such development project 
is approved by the State Government; 
(c) to receive any money borrowed by it and any money 
which may be paid to it by any authority other 
than the State Government; 
(d) to apply any money referred to in clause (c) of this 
sub-section for financing any project for the 
development of the Calcutta Metropolitan Area or 
any part thereof ; and 
(c) to perform such other functions as may be prescribed. 
The Calcutta Metropolitan Development Authority Act, 1970 7 
17 of 1970.] 
16. (1) Notwithstanding anything contained in any other Power of law for the time being in force, the Metropolitan Authority  motropoii-may give such directions with regard to the implementation tan 
of any development project, as it may think fit, to an authority Authority 
to which payment of any money has been made under directions.to  section 15. 
(2) The Metropolitan Authority shall so exercise the 
powers of supervision referred to in clause (c) of sub-section (1) of section 15 as may be necessary to ensure that each 
development project is executed in the interest of the aver-all 
development of the Calcutta Metropolitan Area and in 
accordance with the approved plan. 
17. (1) Where the Metropolitan Authority is satisfied Powers of that any direction given by it under sub-section (1) of section the Metro-16 with regard to any development project has not beenh t aoori ty  
carried out by the authority referred to therein or that any to execute such authority is unable to fully implement any scheme any plan. undertaken by it for the development of any part of the 
Calcutta Metropolitan Area, the Metropolitan Authority may 
itself undertake any works and incur any expenditure for the 
execution of such development project or implementation of 
such scheme, as the case may be. 
(2) The Metropolitan Authority may also undertake any 
works in the Calcutta Metropolitan Area as may be directed 
by the State Government and may incur such expenditure 
as may be necessary for the execution of such work. 
(3) Where any work is undertaken by the Metropolitan Authority under sub-section (1), it shall be deemed to have, 
for the purposes of the execution of such work, all the powers 
which may be exercised under any law for the time being in 
force by the authority referred to in sub-section (1) of section 16. 
(4) The Metropolitan Authority may, for the purpose of 
carrying out the powers conferred by sub-sections (1) and (2), undertake survey of any area within the Calcutta Metropolitan 
Area and for that purpose it shall be lawful for any officer of the Metropolitan Authority— 
(a) to enter in or upon any land and to take level of such land; 
(.6) to dig or bore into the sub-soil; 
(c) to mark levels and boundaries by placing marks and 
cutting trenches ; 
(d) where otherwise the survey cannot be completed and -levels taken and boundaries marked to cut down 
and clear away any part of any standing crop, fence or jungle : 
Provided that before entering upon any land the Metro-
politan Authority shall give notice of its intention 
to do so in such manner as may be specified in 
the regulations made under this Act. 
8 The Calcutta Metropolitan Development Authority Act, 1970. 
[president's Act 
CHAPTER IV 
Seminal-
sory acqui-
sition 
of land 
for Metro-
politan 
Authority. 
Officers 
and other 
employees 
of the 
Metropoli-
tan 
Authority 
to be 
public 
servants. 
Index*laity 
Power to 
make 
flees. 
Power to 
make 
- regula-
tions. 
MISGELLANBOIIS 
18. Any land required by the Metropolitan Authority 
for carrying out its functions under this Act shall be deemed 
to be needed for a public purpose and such land may be 
acquired by the State Government in accordance with any 
law for the time being in force. 
10. Every officer and other employee of the Metropolitan 
Authority shall be deemed to be a public servant within the 
meaning of section 21 of the Indian Penal Code. 
20. No suit, prosecutiOn or other legal proceeding shall 
lie against any officer or other employee of the Metropolitan 
Authority for anything done in good faith under this Act. 
21. (1) The Metropolitan Authority may, with the 
previous approval of the State Government, by notification 
in the Official Gazette, make rules for carrying out the 
purposes of this Act. 
(2) In particular, and without prejudice to the generality 
of the foregoing power, such rules may provide for all or 
any of the following matters, namely : — 
(a) place and time of meetings  procedure to be followed at 
such meetings; 
(h) such other matters as are required to be, or may be, 
prescribed. 
22. The Metropolitan Authority may make such regu-
lations as it may think fit for the exercise of its powers and 
discharge of its functions under this Act. 
4G of IS( 
The Calcutta Metropolitan Development Authori4 Act, 1970. 
tr 01970.] 
Reasons for the eneteisnent 
The Government of West Bengal had set up a high-powered planning 
body named the Calcutta Metropolitan Planning Organisation. This body in 
collaboration with the Ford Foundation formulated a detailed Basic 
Development Plan for the Calcutta Metropolitan District in 1966. This 
envisaged an investment of Rs.107 crores during first phase of five years. 
However, the State Government could not take up implementation of this. 
plan in the manner and to the extent proposed in this document. Com-
paratively small allocations could only be provided for this purpose in the 
years preceding the Fourth Plan. _ Even in the Fourth Plan the programme for 
this area is of the order of Rs.43.0 crores. This was considered inadequate in 
view of the magnitude of the problems of the area. Keeping these in view 
a thorough- reappraisal was undertaken and it was decided that a massive 
development and recovery programme may be undertaken. In this context 
necessary schemes in various sectors were identified. These schemes totalled 
up to about Rs.146.0 crores. It was realisedtk.that for financing the envisaged 
accelerated programme existing plan provisions are inadequate and therefore 
additional funds would have to be found. With this end in view it was decided 
that octroi duty should be levied in the Calcutta Metropolitan Area. A *Bill -. 
called "the Taxes on Entry of Goods in Calcutta Metropolitan Area Bill, 1970" 
is already under consideration separately. The Bill envisages a percentage of 
the tax proceeds to be given by the State Government to an authority for the- 
purpose of financing development programmes and servicing of loans raised for 
the purpose. 
Further, it was considered necessary that additional funds may also be raised-
by borrowings in the market. Since the Calcutta Metropolitan Area has a large 
number of municipal and other local authorities it was not considered feasible 
to let each of these bodies raise loans. 
Therefore, it was decided that a high-powered statutory body calle the-
Calcutta Metropolitan. Development Authority be set up to raise suck 
loans and to act as the authority envisaged in the aforesaid Bill. In order -to,  
secure effective implementation of the Development Plan, it was felt that this 
authority may also perform the functions of formulation of plans, co-ordination 
of their execution and supervision of such development projects as are financed 
by it. The present Bill incorporates these objectives. 
The Committee constituted under the proviso to sub-section (2) of section 
3 of the West Bengal State Legislature (Delegation of Powers) Act, 1970 (17 
of 1970) has been consulted before enactment of this measure as a President's Act. 
*Since enacted as the Taxes on Entry of Goods into Calm* Metropolitan Area Act, 1970 (president's Act 18 of 1970). 
WBGP-70/71-2228A-532 

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