The Calcutta Metropolitan Development Authority Act, 1972

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XI of 1972 
THE CALCUTTA METROPOLITAN 
DEVELOPMENT AUTHORITY ACT, 1972. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 4th May, 1972.] 
[4th May, 1972.] 
An Act to provide for the establishment of an Authority for theformulation 
andexecutionofplansfor the development oftheCalcuttaMetropolitan 
Area, for the co-ordination and supervision of the execution of such 
plans and for matters connected therewith or incidental thereto; 
WHEREAS it is expedient to provide for the establishment of an 
Authority for the formulation and execution of plans for the development 
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; 
It is hereby enacted in the Twenty-third Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. This Act may be called the Calcutta Metropolitan Development 
Authority Act, 1972. 
2. In this Act, unless the context otherwise requires,— 
Short title. 
Definitions. 
West Ben. 
Act XIV of 
1965. 
"Calcutta Metropolitan Area" means the areas within the 
Calcutta Metropolitan District; 
"Calcutta Metropolitan District" means the area described as 
such in the Schedule to the Calcutta Metropolitan Planning 
Area (Use and Development of Land) Control Act, 1965; 
"prescribed" means prescribed by rules made under this Act by 
the State Government. 
3. (1) As soon as may be after the commencement of this Act, the Establishment 
State Government shall, by notification in the Official Gazette, constitute, o f the 
for the purposes of this Act, an authority to be called the Calcutta Metropolitan 
Metropolitan Development Authority (hereinafter referred to as the Development 
Metropolitan Authority). 	 Authority. 
75 
The Calcutta Metropolitan Development Authority Act, 1972. 
[West Ben. Act 
Composition 
of the 
Metropolitan 
Authority. 
(Section 4.) 
(2) The Metropolitan Authority shall be a body corporate with per-
petual 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. 
4. (1) The Metropolitan Authority shall consist of the following 
members, namely:— 
(a) the Chief Minister of the State of West Bengal or any person 
nominated by him, 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, ex-officio ; 
(c) the Commissioner, Town and Country Planning Branch of the 
Department of Development and Planning, Government of 
West Bengal, ex-officio ; 
the Financial Commissioner to the Government ofW est 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: 
Provided that when an order of supersession of the Corporation of 
Calcutta has been made and is in force, it shall be competent for 
the State Government to nominate such person having experi-
ence or knowledge in the administration of local self-govern-
ment to be a member of the Metropolitan Authority as the State 
Government thinks fit. 
(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), (c), (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. 
76 
The Calcutta Metropolitan Development Authority Act, 1972. 
XI of 1972.1 
West Ben. 
Act V of 
1972. 
(Sections 5-8.) 
(4) The members referred to in clause (e) of sub-section (1) shall hold 
office for a term of three years, computed from the date of their nomi-
nation by the State Government, and shall receive such allowances for 
attending the meetings of the Metropolitan Authority or any committee 
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. 
(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 place and at Meetings of 
such time, and shall observe such rules of procedure in regard to the thpoeliMtanetro-
transaction of business at its meeting (including the quorum at its Authority. 
meetings) as may be 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 approval of Power of.  
the State Government, borrow any money for carrying out the purposes of A mueth
torityhttoan 
this Act or for servicing any loan obtained by it. 	 borrow. 
7. There shall be a Fund for the Metropolitan Authority to which Funds of the 
shall be credited— 	 Metropo- 
litan 
(a) such monies as may be paid to it by the State Government under Authority. 
the Taxes on Entry of Goods into Calcutta Metropolitan 
Area Act, 1972, 
(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 Sinking 
for the repayment of money borrowed by it, and shall pay every year into fond. 
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. 
77 
Accounts. 
Budget. 
Audit. 
Power to 
appoint staff. 
Advisory 
Council. 
The Calcutta Metropolitan Development Authority Act, 1972. 
(Sections 9-13.) 
(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. 
9. The Metropolitan Authority shall keep accounts in such form as 
may be prescribed and shall close such accounts at such time as the State 
Government may specify in this behalf. 
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 showing the estimated receipts and expen-
diture 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; 
[West Ben. Act 
78 
The Calcutta Metropolitan Development Authority Act, 1972. 
XI of 1972.] 
(Section 13.) 
(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 
Howrah; 
(e) one person holding office, for the time being, as the 
Commissioner of the Corporation of Calcutta; 
(t) two persons with knowledge of town planning and archi-
tecture, to be nominated by the State Government; 
(g) one representative of the Department 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; 
(i) one representative of the Calcutta Electricity Supply Corpora-
tion Limited, to be nominated by the State Government; 
(j) one person representing the interests of the Calcutta Tram-
ways Company Limited, to be nominated by the State 
Government; 
(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 Assembly; 
(n) the Chief Administrative Officer, Metropolitan Transport 
Project (Railways), Calcutta; and 
(o) four other persons to be nominated by 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 Metropolitan Authority. 
(4) The Advisory Council shall meet as and 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. 
79 
The Calcutta Metropolitan Development Authority Act, 1972. 
[West Ben. Act 
Constitution 
of commit-
tees. 
Functions of 
the Metro-
politan 
Authority. 
(Sections 14, 15.) 
14. (1) The Metropolitan Authority may constitute as many 
committees, consisting wholly of members of such Authority or wholly 
of other persons or partly of members of such Authority and partly of 
other persons and for such 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 business at its meetings as may be deter-
mined by the regulations 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. 
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 Metropo-
litan Area, the expenses of the whole or any part of which 
are met from its funds; and 
the financing and execution of any project in any plan for 
the development of the Calcutta Metropolitan 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 Government 
under the provisions of the Taxes on Entry of Goods into 
Calcutta Metropolitan Area Act, 1972, 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 implementation 
of which any money referred to in clause (a) of this sub- 
(d) 
West Ben. 
Act V of 
1972. 
80 
The Calcutta Metropolitan Development Authority Act, 1972. 
XI of 1972.] 
(Sections 16, 17.) 
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 Calcutta 
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 
(e) to perform such other functions as may be prescribed. 
16. (1) Notwithstanding anything contained in any other law for 
the time being in force, the Metropolitan Authority may give such 
directions with regard to the implementation of any development 
project, as it may think fit, to an authority to which payment of any money 
has been made under 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 over-all development of the Calcutta Metropolitan 
Area and in accordance with the approved plan. 
17. (1) Where the Metropolitan Authority is satisfied that any 
direction given by it under sub-section (1) of section 16 with regard to 
any development project has not been carried out by the authority 
referred to therein or that any such authority is unable to fully imple-
ment any scheme 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 projects or implementation of such schemes, 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 Govern-
ment and may incur such expenditure as may be necessary for the 
execution of such work. 
Power of 
Metropoli-
tan Autho-
rity to give 
directions. 
Power of 
Metropoli-
tan Autho-
rity to 
execute any 
plan. 
81 
The Calcutta Metropolitan Development Authority Act, 1972. 
[West Ben. Act 
Compulsory 
acquisition 
of land for 
Metropolitan 
Authority. 
Officers and 
other emplo-
yees of the 
Metropolitan 
Authority to 
be public 
servants. 
Indemnity. 
Power to 
make rules. 
(Sections 18, 21.) 
(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; 
(b) 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 Metropolitan 
Authority shall give notice of its intention to do so in such 
manner as may be specified in the regulations made under this 
Act. 
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. 
19. 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. 	 45 of 1860. 
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 State Government may, 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 of the Metropolitan Authority 
and the procedure to be followed at such meetings; 
82 
The Calcutta Metropolitan Development Authority Act, 1972. 
XI of 1972.1 
(Sections 22,23 .) 
(b) such other matters as are required to be, or may be, prescribed. 
22. The Metropolitan Authority may make such regulations as it Power to 
may think fit for the exercise of its powers and discharge of its func- make iattonsregu-
tions under this Act. 
West Ben. 
Ord. VII of 
1972. 
23. (1) The Calcutta Metropolitan Development Authority 
Ordinance, 1972, is hereby repealed. 
(2) Anything done or any action taken under the Calcutta Metro-
politan Development Authority Ordinance, 1972, shall be deemed to 
have been validly done or taken under this Act as if this Act had 
commenced on the 21st day of August, 1970. 
Repeal and 
savings. 
83 

‹ Prev All West Bengal acts Next ›