The Howrah Municipal Corporation Act, 1980

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act LVIII of 1980 
THE HOWRAH MUNICIPAL CORPORATION 
ACT, 1980. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 30th November, 1981.] 
[30th November, 1981.] 
An Act to provide for better administration of the municipal affairs of 
Howrah by the establishment of a Municipal Corporation. 
WHEREAS it is expedient to provide for better administration of the 
municipal affairs of Howrah by the establishment of aMunicipal Corporation; 
It is hereby enacted in the Thirty-first Year of the Republic of India, by 
the Legislature of West Bengal, as follows:— 
PART I 
CHAPTER I 
Preliminary. 
1. (1) This Act may be called the Howrah Municipal Corporation 
Act, 1980. 
(2) It shall apply to Howrah as defined in this Act. 
(3) It shall come into force on such date as the State Government may, 
by notification, appoint. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(I) "building" includes a house, outhouse, stable, privy, urinals, 
shed, hut, walls (other than a boundary wall not exceeding 
three metres in height) and any other such structure, whether 
of masonry, bricks, wood, mud, metal or any other material 
whatsoever, but does not include a hogla or other similar kind 
of temporary shed erected on ceremonial or festive occasions; 
(2) "building line" means the line which is in rear of the street 
alignment and up to which the main wall of a building of a 
land abutting on a street or projected public street may 
lawfully extend; 
Short title, 
application 
and 
commence-
ment. 
275 
The Howrah Municipal Corporation Act, 1980. 
[West Ben. Act 
(Pan L—Chapter 1—Preliminary.—Section 2.) 
(3) "bustee" means an area containing land not less than seven 
hundred square metres in area occupied by or for the purposes 
of any collection of huts or other structures used or intended 
to be used for human habitation; 
Explanation.—If any question arises as to whetherparticular 
area is or is not a bustee, the Corporation shall decide the 
question and its decision shall be final; 
(4) "by-law" means a by-law made by the Corporation under this 
Act; 
(5) "consolidated rate" includes the surcharge levied on the 
consolidated rate under this Act; 
(6) "Corporation" means the Howrah Municipal Corporatin 
established under this Act; 
(7) "corrupt practice" means any act deemed to be a corrupt 
practice under rules to be made by the State Government in 
this behalf; 
(8) "dangerous disease" means— 
(a) cholera, plague, small-pox, cerebrospinal meningitis, 
diphtheria, tuberculosis, leprosy and syphilis, and 
(b) any other epidemic, endemic, or infectious disease 
which the State Government may, by notification, 
declare to be a dangerous disease for the purposes of 
this Act; 
(9) "drain" includes a sewer, a house drain, a drain of any other 
description, a tunnel, a culvert, a ditch, a channel and any 
other device for carrying off sullage, sewage, offensive 
matter, polluted water, rain water or sub-soil water; 
(10) "drug" means any substance used as medicine or in the 
composition or preparation of medicine, whether for internal 
or external use, but does not include a drug within the 
meaning of clause (b) of section 3 of the Drugs and Cosmetics 
Act, 1940; 	 23 of 1940. 
(11) "elected member" includes a Councillor and Alderman; 
(12) "election authority" means the authority appointed by the 
State Government under section 33; 
(13) "erection of a building" or "to erect a building" means—
(a) to erect a new building on any site, whether previously 
built upon or not, 
276 
The Howrah Municipal Corporation Act, 1980. 
LVIII of 1980.] 
(Part 1.—Chapter 1.—Preliminary.--Section 2.) 
(b) to re-erect— 
(i) any building of which more than one-half of 
the cubical contents above the level of plinth 
and within the exteral surface of its walls and 
roofs have been pulled down, burnt or destroyed, 
OT 
(ii) any building of which more than one-half of the 
superficial area of the external walls above the 
level of plinth has been pulled down, or 
(iii) any frame-building of which more than half of 
the number of posts or beams in the external 
walls have been pulled down; or 
(c) to make any addition to a building including roofing or 
covering an open space between walls or buildings, or 
closing permanently any door or window in any external 
wall, or removing or reconstructing the principal stair-
case, or 
(d) to make such conversion, including conversion from 
one occupancy or use group to another, as may be 
determined by the Corporation by regulation; 
(14) "food" includes every article used for food or drink by 
man, other than drugs or water, and any article which 
ordinarily enters into or is used in the composition or 
preparation of human food, and also includes confec-
tionary, flavouring and colouring matters, spices and 
condiments; 
(15) "Howrah" means the area described in Schedule I; 
(16) "hut" means any building, no substantial part of which 
excluding the walls up to a height of fifty centimetres above 
the floor or floor level is constructed of masonry, reinforced 
concrete, steel, iron or other metal; 
(17) "land or building" includes a bustee; 
(18) "market" shall be deemed to be synonymous with the 
expression "bazar" and shall mean— 
(a) a place where persons assemble for the sale of meat, 
fish, fruit, vegetables, livestock, or any other article of 
food of a perishable nature, whether or not there is any 
collection of shops or warehouses or stalls for the sale 
of other articles in such place, or 
277 
The Howrah Municipal Corporation Act, 1980. 
[West Ben. Act 
(Pan 1.—Chapter 1.—Preliminary.—Section 2.) 
(b) any place of trade, other than a place referred to in sub-
clause (a), where there is a collection of shops or 
warehouses or stalls exceeding such number as the 
Corporation may determine, 
declared and licensed by the Corporation as a market; 
(19) "misbranded" includes all drugs or articles of food which 
enter into the composition of food, the package or mark or 
label of which bears any statement, design or device regarding 
such drugs or articles of food or the ingredients or substances 
contained therein as may be false or may mislead in any 
particular, and a drug or an article of food shall also be 
deemed to be misbranded if it is offered for sale under the 
name of another drug or article of food; 
(20) "new building" means and includes— 
(a) any building constructed or in the process of construction 
after the commencement of this Act, 
(b) any building which, having collapsed or having been 
demolished or burnt down for more than one-half of its 
cubical extent of the space contained within the external 
surface of its walls and roof and the upper surface of the 
floor of its lowest or only storey, is reconstructed wholly 
or partially after the commencement of this Act, whether 
the dimensions of the reconstructed building are the 
same as those of the original building or not, 
(c) any building not originally constructed for human 
habitation which is converted into a place for human 
habitation after the commencement of this Act; 
Explanation.—Sub-clause (b) applies whether more than 
one-half of the cubical extent of any building has collapsed or 
been demolished or burnt down at the same time or at 
different times; 
(21) "notification" means a notification published in the Official 
Gazette; 
(22) "occupier" includes any person for the time being paying or 
liable to pay to the owner the rent or any portion of the rent 
of the land or building in respect of which the word is used or 
for damages on account of the occupation of such land or 
building, and also a rent-free tenant: 
Provided that an owner living in or otherwise using his 
own land or building shall be deemed to be the occupier 
thereof; 
278 
The Howrah Municipal Corporation Act, 1980. 
LVIII of 1980.] 
(Part 1.—Chapter 1.—Preliminary.—Section 2.) 
(23) "prescribed" with its grammatical variations means prescribed 
by rules made under this Act; 
(24) "private street" means any street, road, lane, gully, alley, 
passage or square which is not a public street, and includes 
any passage securing access to four or more premises 
belonging to the same or different owners, but does not 
include a passage provided in effecting a partition of 
any masonry building amongst joint owners where such 
passage is less than two metres and fifty centimetres 
wide; 
(25) "public street" means any street, road, lane, gully, alley, 
passage, pathway, square or court, whether a thoroughfare 
or not, over which the public have a right of way and 
includes— 
(a) the roadway over any public bridge or causeway, 
(b) the footway attached to any such street, public bridge or 
causeway, and 
(c) the drains attached to any such street, public bridge or 
causeway, 
and, where there is no drain attached to any such street, 
shall, unless the contrary is shown, be deemed to include 
all lands up to the outer wall of the premises abutting on 
the street, or, where a street alignment has been fixed and the 
area within such alignment has been acquired by the 
Corporation and the alignment has been demarcated or is 
capable of being demarcated, up to such alignment; 
(26) "regulation" means a regulation made by the Corporation 
under this Act; 
(27) "rules" means rules made by the State Government under 
this Act; 
(28) "slaughter-house" means any place used for the slaughter of 
cattle, sheep, goats, kids or pigs for the purpose of selling the 
flesh thereof as meat; 
(29) "street alignment" means the line dividing the land 
comprised in and forming part of a street from the adjoining 
land; 
(30) "year" means a financial year beginning on the first day of 
April. 
279 
The Howrah Municipal Corporation Act, 1980. 
[West Ben. Act 
(Part IL—Constitution and Government—Chapter 11.—The Municipal 
Authorities.—Sections 3-5.) 
PART II 
Constitution and Government. 
The 
municipal 
authorities. 
The 
Corporation. 
Constitution 
of the 
Corporation. 
CHAPTER II 
The Municipal Authorities. 
3. The following shall be the municipal authorities for the purposes 
of carrying out the provisions of the Act, namely:— 
(a) the Corporation, 
(b) the Mayor-in-Council, and 
(c) the Mayor. 
4. (I) With effect from such date as the State Government may, by 
notification, appoint, there shall be a Corporation charged with the 
municipal government of Howrah, to be known as the Howrah Municipal 
Corporation. 
(2) The Corporation shall be a body corporate with perpetual succes-
sion and a common seal, and may by its name sue and be sued. 
(3) All properties, along with all rights therein of whatever nature, 
used, enjoyed or possessed by the Commissioners of the Howrah 
Municipality constituted under the Bengal Municipal Act, 1932, or by any 
Gram Panchayat or Panchayat Samiti constituted under the West Bengal 
Panchayat Act, 1973, as the case may be, included within Howrah 
immediately before the date of constitution of the Corporation, shall, on 
and from that date vest in the Corporation. 
(4) All rights, liabilities and obligations of the Commissioners and the 
Gram Panchayats or Panchayat Samitis referred to in sub-section (3) 
subsisting immediately before the date of constitution of the Corporation, 
in relation to any matter provided for in this Act, shall be enforceable by 
or against the Corporation. 
(5) Subject to the provisions of this Act, the Corporation shall be 
entitled to acquire, hold and dispose of property. 
5. (1) The Corporation shall consist of the following members, 
namely:— 
(a) fifty elected Councillors, 
(b) two Councillors of whom— 
(i) one shall be the Chief Executive Officer of the Calcutta 
Metropolitan Development Authority, constituted under 
the Calcutta Metropolitan Development Authority 
Act, 1972, ex officio, and 
Ben. Act XV 
of 1932. 
West Ben. 
Act XLI of 
1973. 
West Ben. 
Act XI of 
1972. 
280 
The Howrah Municipal Corporation Act, 1980. 
LVIII of 1980.] 
(Pan IL—Constitution and Government—Chapter IL—The Municipal 
Authorities.—Sections 6, 7.) 
West Ben. 
Act XIV of 
1956. 
(ii) the other shall be the Chairman of the Board of Trustees 
for the Improvement of Howrah, constituted under the 
Howrah Improvement Act, 1956, ex officio, and 
(c) three Aldermen to be elected by the Councillors referred 
to in clause (a). 
(2) The fifty Councillors referred to in clause (a) of sub-section (1) 
shall be elected by the constituencies, each constituency electing one 
Councillor, and for this purpose each ward of the Corporation described 
in Schedule II shall constitute a constituency. 
(3) The three Aldermen referred to in clause (c) of sub-section (1) 
shall be elected in such manner as may be prescribed. 
6. (1) There shall be a Mayor-in-Council consisting of the Mayor, 
the Deputy Mayor and such number of other elected members of the 
Corporation, not exceeding five, as the State Government may from time 
to time determine. 
(2) The Deputy Mayor and other elected members referred to in 
sub-section (1) shall be nominated by the Mayor as soon as possible after 
he assumes office. 
(3) Any casual vacancy in the office of the Deputy Mayor or other 
member referred to in sub-section (1) by reason of death, resignation, 
removal or otherwise shall be filled up by the Mayor: 
Provided that no act or proceedings of the Mayor-in-Council shall 
be called in question or shall become invalid merely by reason of any 
vacancy in the office of the Deputy Mayor or other members referred to in 
sub-section (1). 
(4) The manner of transaction of business of the Mayor-in-Council 
shall be such as may be determined by the Corporation by regulation. 
(5) The Mayor-in-Council shall be collectively responsible to the 
Corporation. 
Constitution 
of Mayor-in-
Council. 
7. A member of the Mayor-in-Council other than the Mayor shall Term of 
hold office from the date of his nomination to the Mayor-in-Council office of the 
member of 
until— 	 the Mayor- 
in-Council. 
(a) he ceases to be a member of the Corporation, or 
(b) he resigns his office by writing under his hand addressed to 
the Mayor in which case the resignation shall take effect 
from he date of its acceptance, or 
(c) he is removed from office by a written order of the Mayor, or 
281 
The Howrah Municipal Corporation Act, 1980. 
[West Ben. Act 
(Part 1L—Constitution and Government—Chapter IL—The Municipal 
Authorities.—Sections 8, 9.) 
(d) the Mayor ceases to hold office, or 
(e) a newly elected Mayor in the event of the death of a Mayor 
enters upon his office. 
Election of 
Mayor and 
Chairman. 
Term of 
office of 
Mayor or 
Chairman. 
8. The elected members of the Corporation shall elect from amongst 
themselves,— 
(a) at the first meeting of the Corporation after a general 
election,—(i) one member to be the Mayor, and (ii) one 
member to be the Chairman, and 
(b) so often as a vacancy in the office of the Mayor or the 
Chairman, as the case may be, occurs by reason of death, 
resignation, removal or otherwise and within one month of 
the occurrence of such vacancy, one member to be the Mayor 
or the Chairman, as the case may be, 
who shall assume office forthwith after taking such oath of secrecy as may 
be prescribed. 
9. (1) A Mayor or a Chairman, as the case may be,— 
(a) shall cease to hold office as such forthwith if he ceases to be 
a member of the Corporation; 
(b) may, at any time, by giving notice in writing to the Corpora-
tion, resign his office and such resignation shall take effect 
from such date as may be specified in the notice or, if no 
such date is specified, from the date of its receipt by the 
Corporation; 
(c) may be removed from office by a resolution carried by a 
majority of the total number of elected members of the 
Corporation at a special meeting of the Corporation 
called for this purpose upon a requisition made in writing 
by not less than one-third of the elected members of the 
Corporation: 
Provided that no such resolution shall be moved before 
the expiry of six months from the date of assumption of office 
by a Mayor or a Chairman, as the case may be: 
Provided further that if such resolution is not carried by 
a majority of the total number of elected members of the 
Corporation, no further resolution for the removal of the 
Mayor or the Chairman, as the case may be, shall be moved 
before the expiry of a period of six months from the date on 
which the former resolution was moved. 
282 
The Howrah Municipal Corporation Act, 1980. 
LVIII of 1980.] 
(Part IL—Constitution and Government—Chapter IL—The Municipal 
Authorities.—Section 10.) 
(2) Notwithstanding the povisions of sub-section (1), except when an 
order of supersession has been made under section 53, the Mayor or the 
Chairman, as the case may be, whose office becomes vacant by reason of 
the provisions of sub-section (1), shall continue to hold office as such until 
his successor, elected under the provisions of this Chapter, enters upon his 
office. 
10. (1) The Corporation shall, at its first meeting in each year or as 
soon as may be at any meeting subsequent thereto, constitute a Municipal 
Accounts Committee. 
(2) The Municipal Accounts Committee shall consist of— 
(a) such number of persons, not being less than three and more 
than five, as the Corporation may determine, to be elected by 
the members of the Corporation from amongst themselves in 
accordance with the system of proportional representation by 
means of the single transferable vote by secret ballot, the 
members of the Mayor-in-Council not being eligible for 
election; and 
(b) such number of persons, not being more than two and not 
being members or officers or other employees of the 
Corporation, having knowledge and experience in financial 
matters, as may be nominated by the Mayor-in-Council. 
(3) The members of the Municipal Accounts Committee shall elect 
from amongst themselves one member to be its Chairman. 
(4) Subject to the other provisions of this Act, the members of the 
Municipal Accounts Committee shall hold office till a new committee is 
constituted. 
(5) Subject to the provisions of this Act and the rules and the regula-
tions made thereunder, it shall be the duty of the Municipal Accounts 
Committee— 
(a) to examine the accounts of the Corporation showing the 
appropriation of sums granted by the Corporation for its 
expenditure and the annual financial accounts of the 
Corporation; 
(b) to examine and scrutinise the report on the accounts of the 
Corporation by the auditors appointed under section 77 and 
to satisfy itself that the monies shown in the accounts as 
having been disbursed were available for, and applicable to, 
the services or purposes to which they have been applied and 
that the expenditure was incurred in accordance with the 
authority governing the same; 
Municipal 
Accounts 
Committee. 
283 
The Howrah Municipal Corporation Act, 1980. 
Borough 
Committee. 
[West Ben. Act 
(Part H.—Constitution and Government—Chapter IL—The Municipal 
Authorities.—Section 11.) 
(c) to submit a report to the Corporation every year and from 
time to time on such examination and scrutiny; 
(d) to consider the report of the auditor in cases where the 
Corporation requires him to conduct a special audit of any 
receipt or expenditure of the Corporation or to examine the 
accounts of stores and stocks of the Corporation; and 
(e) to discharge such other functions as may be prescribed. 
(6) The Municipal Accounts Committee may call for any book or 
document relating to the accounts of the Corporation under examina-
tion and may send for such officers of the Corporation as it may 
consider necessary for explaining any matter in connection with such 
examination. 
(7) The manner of transaction of business of the Municipal Accounts 
Committee shall be such as may be determined by the Corporation by 
regulations: 
Provided that the persons nominated under clause (b) of sub-
section (2) shall have no right of voting at the meeting of the Municipal 
Accounts Committee. 
11. (1) The Corporation shall, at its first meeting after the election of 
members thereto or as soon as may be thereafter, group the wards of the 
Corporation mentioned in Schedule II into five boroughs so that each 
borough consists of ten contiguous wards, and constitute a Borough 
Committee for each borough. 
(2) Each Borough Committee shall consist of the Councillors, other 
than the members of the Mayor-in-Council, elected from the wards 
constituting the Borough. 
(3) A member of the Borough Committee representing a constituent 
ward shall hold office till he ceases to be the Councillor representing such 
ward. 
(4) The members of each Borough Committee shall elect from amongst 
themselves one member to be its Chairman. 
(5) The Chairman may at any time resign his office by giving notice 
in writing to the Mayor and the resignation shall take effect from the date 
of its acceptance by the Mayor. 
(6) A Borough Committee shall, subject to the general supervision 
and control of the Mayor-in-Council, discharge, within the local limits of 
the borough, the functions of the Corporation relating to collection and 
removal of garbage, house connections for water supply and sewerage, 
removal of accumulated water on streets and public places due to rain or 
284 
The Howrah Municipal Corporation Act, 1980. 
LVIII of 1980.] 
(Part IL—Constitution and Government. Chapter1L—The Municipal 
Authorities.—Section 12.—Chapter 111—A. Officers and other 
employees of the Corporation.—Section 13.) 
any other causes, health immunization services, improvement of bustee 
and such other functions as the Corporation may require it to 
discharge or as may be specified by regulations, and the officers and 
employees of the Corporation working within the local limits of the 
borough shall carry out the directions of the Borough Committee given 
in this behalf. 
(7) The manner of transaction of business of the Borough Committee 
shall be such as may be determined by the Corporation by regulations. 
12. The Mayor, the Chairman, the Deputy Mayor, the members of 
the Mayor-in-Council and the members of the Committee constituted 
in accordance with the provisions of this Chapter shall be given such 
remuneration and facilities as may be prescribed. 
CHAPTER III 
A. Officers and other employees of the Corporation. 
13. (1) The Corporation shall have the following officers, namely:— 
(a) the Commissioner, 
(b) the Controller of Finances, 
(c) the Chief Auditor, 
(d) the Chief Engineer, 
(e) the Chief Architect, 
(f) the Health Officer, and 
(g) the Secretary. 
(2) The Commissioner, the Controller of Finance and the Chief 
Auditor shall be appointed— 
(a) by the State Government in consultation with the Mayor-in-
Council, by notification, from amongst persons who are or 
have been in the service of the Government, or 
(b) if so directed by the State Government, by the Mayor-in-
Council in consultation with the State Public Service 
Commission: 
Remunera-
tion and 
facilities of 
Mayor, 
Chairman, 
Deputy 
Mayor, 
members of 
the Mayor-
in-Council 
and 
members of 
Committees. 
Officers of 
the 
Corporation. 
285 
The Howrah Municipal Corporation Act, 1980. 
[West Ben. Act 
(Pan IL—Constitution and Government—Chapter !IL—A. Officers 
and other employees of the Corporation.—Section 14.) 
Provided that the appointment of officers under clause (a) 
shall be on such terms and conditions and for such period, not 
exceeding five years in the first instance, as the State 
Government may determine: 
Provided further that the State Government may, in 
consultation with the Mayor-in-Council, extend the 
period from time to time, so, however, that the total period of 
extension does not exceed five years. 
(3) The other officers referred to in clauses (d), (e), (f) and (g) of sub-
section (I) shall be appointed by the Mayor-in-Council in consultation 
with the State Public Service Commission. 
(4) The method of, and the qualifications required for, recruitment, 
and the terms and conditions of service including discipline, control and 
conduct, of the officers appointed by the Mayor-in-Council shall be such 
as may be prescribed. 
(5) Notwithstanding anything contained in the foregoing provisions 
of this section, the State Government may, at any time in the case of any 
officer appointed under clause (a) of sub-section (2) as the Commissioner 
or as the Controller of Finances or as the Chief Auditor, terminate his 
appointment as such: 
Provided that if, in the case of any such officer, the Mayor-in-Council 
so decides, the State Government shall terminate the appointment of such 
officer. 
Salary and 
other 
conditions of 
service of 
Commis-
sioner and 
other 
officers 
appointed by 
the State 
Government. 
14. (1) The Commissioner, the Controller of Finances and the Chief 
Auditor shall be paid out of the Municipal Fund such salaries and 
allowances as may, from time to time, be determined by the State 
Government. 
(2) If any of the officers referred to in sub-section (1) is in the service 
of Government, the Corporation shall make such contribution towards 
his passages, leave allowances, pension and provident fund as may be 
required by or under the conditions of his service under Government or the 
terms and conditions of his service under the Corporation, as the case may 
be, to be paid by or for him, 
(3) If any of the officers referred to in sub-section (1) is not an officer 
in the service of Government, his leave allowances, retirement benefits 
and contribution to provident fund shall be such as may be prescribed: 
Provided that— 
(a) the amount of leave and leave allowances or retirement 
benefits shall in no case, except with the special sanction of 
the State Government, exceed the amount admissible to 
Government servants of equivalent rank; and 
286 
The Howrah Municipal Corporation Act, 1980. 
LVIII of 1980.] 
(Part IL—Constitution and Government—Chapter 111.—A. Officers 
and other employees of the Corporation.—Sections 5-17.) 
(b) the conditions of grant of such leave and the conditions or 
retirement shall in no case, except with the special sanction 
of the State Government, be more favourable than those for 
the time being applicable to such Government servants. 
15. If any vacancy occurs in the office of any of the officers referred Casual 
vacancies in to in clause (a) of sub-section (2) of section 13 by reason of death, the office of 
resignation, removal or otherwise, the State Government may appoint Commis- 
another person to officiate in his place for a period not exceeding six sinner,  Controller of 
months. 	 Finances and 
Chief 
Auditor. 
16. (1) The posts of officers and employees of the Corporation, other Establish- 
than m of those referred to in clauses (a) to (g) of sub-section (1) of section 13, Corporathe 
tion. 
shall constitute the establishment of the Corporation. 
(2) The Corporation shall, by regulation, classify the posts of officers 
and employees constituting the establishment of the Corporation into such 
categories as it may consider necessary and shall maintain a schedule of 
posts indicating the designation, grade and number of sanctioned posts 
within such category. 
(3) The Mayor-in-Council shall consider any proposal for revision in 
the Schedule of posts and place the same with its recommendation, if any, 
before the Corporation for approval before the presentation of the budget 
estimate to the Corporation by the Mayor: 
Provided that no upward revision of the size of the establishment of the 
Corporation shall be made without the prior sanction of the State 
Government if the number of posts to be created in a year is more than one 
per cent. of the total number of posts comprised in the establishment: 
Provided further that no post carrying a monthly salary of more than 
one thousand rupees or a salary rising by periodical increments to more 
than one thousand rupees shall be created without the sanction of the State 
Government. 
17. (1) The method of, and the qualifications required for, recruitment 
to posts of different categories constituting the establishment of the 
Corporation shall be such as may be prescribed. 
(2) Subject to provisions of this Act, appointment to all the posts of 
officers and employees constituting the establishment of the Corporation 
shall be made by the Commissioner with the approval of the Mayor-in-
Council. 
Appoint-
ment. 
287 
The Howrah Municipal Corporation Act, 1980. 
[West Ben. Act 
(Pan IL—Constitution and Government—Chapter 111.—A. Officers 
and other employees of the Corporation.—Section 18.—B. 
Municipal Service Commission.—Sections 19, 20.) 
Terms and 
conditions of 
service of 
officers and 
employees. 
18. The Corporation may, by regulation, provide for the terms and 
conditions of service including discipline, control and conduct of officers 
and other employees constituting the establishment of the Corporation. 
B. Municipal Service Commission. 
Constitution 
of Municipal 
Service 
Commission. 
Payment of 
salaries and 
allowances 
of the 
Chairman 
and other 
members, 
officers and 
employees 
of the 
Municipal 
Service 
Commis-
sion. 
19. (1) The Corporation shall, as soon as may be after the 
commencement of this Act, constitute a Municipal Service Commission 
to be known as the Howrah Municipal Service Commission consisting 
of— 
(a) a Chairman, and 
(b) two other members. 
(2) The Chairman and one of the other members shall be nominated 
by the Mayor-in-Council and one member shall be nominated by the State 
Government. 
(3) The Municipal Service Commission shall perform such duties and 
in such manner as may be prescribed. 
(4) The State Government shall also prescribe— 
(a) the term of office, salaries, allowances (if any) and conditions 
of service, of the Chairman and other members of the 
Municipal Service Commission, 
(b) the number of officers and other employees of the Municipal 
Service Commission and their salaries and allowances, and 
(c) the terms and conditions of service including discipline, 
control and conduct of officers and other employees of the 
Municipal Service Commission. 
20. The salaries and allowances, if any, of the Chairman and other 
members of the Municipal Service Commission and the officers, and 
other employees thereof shall be paid from the Municipal Fund. 
288 
The Howrah Municipal Corporation Act, 1980. 
LVIII of 1980.] 
(Part H.—Constitution and Government—Chapter 1111.—C. 
Powers and functions of the Municipal authorities and the 
Officers of the Corporation—Sections 21-24.) 
C. Powers and functions of the Municipal authorities and 
the Officers of the Corporation. 
21. Subject to the provisions of this Act and the rules and the Powers of 
the regulations made thereunder, the municipal government of Howrah shall Corporation. 
vest in the Corporation. 
22. (1) Subject to the provisions of this Act and the rules and the Powers and 
unctions 
regulations made thereunder, the executive power of the Corporation shall [he
of  
Mayo of 
exercised by the Mayor-in-Council. 	 in-Council. 
(2) All executive actions of the Mayor-in-Council shall be expressed 
to be taken in the name of the Corporation. 
23. (1) The Mayor shall exercise such powers and discharge such 
functions as are conferred on him by or under this Act. 
(2) The Mayor shall preside over a meeting of the Mayor-in-Council 
which shall meet at such place and at such time as the Mayor may direct. 
(3) The matters to be discussed at a meeting of the Mayor-in-Council 
shall be prepared under the direction of the Mayor and shall be circulated 
to the members of the Mayor-in-Council in such manner as the Mayor may 
determine. 
(4) The Mayor shall allot among the members of the Mayor-in-Council 
such business of the Corporation and in such manner as the thinks fit. 
(5) The Mayor may, if he is of opinion that immediate execution of 
any work (which ordinarily requires the approval of the Corporation or the 
Mayor-in-Council) is necessary, direct the execution of such work: 
Provided that the Mayor shall report forthwith to the Corporation or 
the Mayor-in-Council, as the case may be, the action taken under this 
sub-section and the reasons therefor. 
24. (1) In the event of the occurrence of any vacancy in the office of 
the Mayor by reason of his death, the Deputy Mayor shall act as Mayor 
until the date on which a new Mayor elected in accordance with the 
provisions of this Act to fill such vacancy enters upon his office. 
(2) When the Mayor is unable to discharge his functions owing to 
absence, illness or any other cause, rt.. Deputy Mayor shall discharge his 
functions until the date on which the Mayor resumes his duties. 
(3) Subject to the other provisions of this Act, the Deputy Mayor shall, 
while acting as, or discharging the functions of, the Mayor under this 
section, have all the powers of the Mayor. 
Powers anti 
functions of 
the Mayor. 
The Deputy 
Mayor to act 
as Mayor or 
to discharge 
his functions 
during 
casual 
vacancy in 
the office, or 
during the 
absence, of 
Mayor. 
289 
The Howrah Municipal Corporation Act, 1980. 
[West Ben. Act 
(Part 11.—Constitution and Government—Chapter 111.—C. Powers 
and functions of the Municipal authorities and the Officers 
of the Corporation.—Sections 25-28.) 
Powers and 
functions of 
the 
Commis-
sioner. 
Powers and 
functions of 
the 
Secretary. 
Financial 
powers of 
the 
Corporation, 
Mayor-in-
Council and 
Commis-
sioner. 
Delegation 
of powers 
and-
functions. 
25. The Commissioner shall be the principal executive officer of the 
Corporation and shall, subject to the supervision and control of the 
Mayor,— 
(a) exercise the powers and perform the functions specifically 
conferred or imposed on him by or under this Act or by any 
other law for the time being in force; 
(b) assign the duties, and exercise supervision and control over 
the acts and proceedings, of all officers and employees of the 
Corporation other than the Chief Auditor; 
(c) shall be responsible for the custody of all records other 
than papers and documents connected with the proceedings 
of the Corporation and the Mayor-in-Council and the Accounts 
Committee and shall preserve the same in such manner and 
for such period as may be determined by regulations; 
(d) shall be responsible for the preparation of the annual report 
on the working of the Corporation and such report shall 
be prepared as soon as may be after the first day of April 
each year and not later than such date as may be fixed 
by the State Government and shall be placed before the 
Corporation for consideration before the same is forwarded 
to the State Government. 
26. (1) The Secretary shall be Secretary to the Corporation and the 
Accounts Committee and shall exercise such powers and discharge such 
functions as are conferred on him by or under this Act or as may be 
assigned to him by the Commissioner. 
(2) The Secretary shall be responsible for the custody of all papers 
and documents connected with the proceedings of the Corporation and 
the Accounts Committee and shall preserve the same in such manner and 
for such period as may be determined by regulations. 
27. The financial powers of the Corporation or the Mayor-in-Council 
or the Commissioner shall be such as may be prescribed. 
28. (1) The Corporation may by resolution delegate, subject to 
such conditions as may be specified in the resolution, any of its powers or 
functions to the Mayor-in-Council. 
290 
The Howrah Municipal Corporation Act, 1980. 
LVIII of 19801 
(Part H.—Constitution and Government—Chapter 111—C. Powers 
and functions of the Municipal authorities and the Officers of the 
Corporation.—Section 29.—Chapter IV.—Election of Councillors 
and Aldermen.—Sections 30, 31.) 
(2) The Mayor-in-Council may by order delegate, subject to such 
conditions as may be specified in the order, any of its powers or func-
tions to the Mayor or to the Commissioner. 
(3) Subject to such standing orders as may be made by the Mayor-in-
Council in this behalf,— 
(a) the Mayor may by order delegate, subject to such conditions 
as may be specified in the order, any of his powers or 
functions to the Deputy Mayor or to the Commissioner; 
(b) the Commissioner may by order delegate, subject to such 
conditions as may be specified in the order, any of his powers 
or functions to any other officer or any employee of the 
Corporation; and 
(c) any officer of the Corporation other than the Commissioner 
may by order delegate, subject to such conditions as may be 
specified in the order, any of his powers or functions to any 
other officer subordinate to him. 
(4) Notwithstanding anything contained in this section, the Mayor-in-
Council, the Mayor, the Commissioner, or the other Officer referred to in 
clause (c) of sub-section (3) shall not delegate— 
(a) any of its or his powers or functions delegated to it or him 
under this section, or 
(b) such of its or his powers or functions as may be prescribed. 
29. If any doubt arises as to whether any particular power or function 
appertains to any municipal authority or the Commissioner, the Mayor 
shall refer the matter to the State Government and the decision thereon of 
the State Government shall be final. 
CHAFFER IV 
Election of Councillors and Aldermen. 
30. There shall be an electoral roll for Howrah showing the names of 
persons qualified to vote and the electoral roll shall be prepared in 
accordance with the provisions of this Act and the rules made thereunder. 
31. (1) A person shall be disqualified for registration in the electoral 
roll if he— 
(a) is not a citizen of India, or 
(b) is of unsound mind and stands so declared by a competent 
court, or 
Doubts as to 
powers or 
functions of 
Municipal 
authorities. 
Electoral roll 
for Howrah. 
Disqualifica-
tion for' 
registration 
in electoral 
roll. 
291 
The Howrah Municipal Corporation Act, 1980. 
[West Ben. Act 
(Part 11.—Constitution and Government—Chapter IV—Election 
of Councillors and Aldermen—Sections 32-35.) 
(c) is for the time being disqualified from voting under the 
provisions of this Act or any other law relating to corrupt 
practices and other offences in connection with elections. 
(2) The name of any person who becomes so disqualified after 
registration shall forthwith be struck off the electoral roll: 
Provided that the name of any person struck off by reason of a 
disqualification under clause (c) of sub-section (1) shall forthwith be 
restored if such disqualification is, during the period such roll is in force, 
removed under any law authorising such removal. 
Bar of 
registration 
for more 
than once. 
Authority 
for 
preparation 
and revision 
of electoral 
roll. 
Conditions 
for 
registration. 
Meaning of 
ordinarily 
resident. 
32. No person shall be entitled to be registered in the electoral roll for 
more than one constituency or more than once in the electoral roll of any 
constituency. 
33. (1) The State Government shall, by notification, and on such 
terms and conditions as it thinks fit, appoint an election authority and such 
number of assistant election authorities as may be necessary for the 
preparation, publication, revision, correction and maintenance of the 
electoral roll and for holding of election under this Act. 
(2) The election authority may appoint such staff for such period and 
on such pay as the State Government may sanction. 
(3) The salary of the election authority, the assistant election authorities 
and the staff appointed under sub-section (2) and all other expenses 
relating to the establishment of such authority or authorities shall be paid 
out of the Municipal Fund. 
34. Subject to other provisions of this Act, every person, who— 
(a) is not less than eighteen years of age on the qualifying 
date, and 
(b) is ordinarily resident in Howrah, shall be entitled to be 
registered in the electoral roll of Howrah. 
Explanation.—For the purposes of this Chapter, the expression 
"qualifying date", in relation to the preparation or revision of an electoral 
roll, shall mean the first day of such month of the year in which it is so 
prepared or revised as may be specified by the State Government by 
notification. 
35. (1) A person shall be deemed to be ordinarily resident in Howrah 
if he generally resides in Howrah for a period of not less than one hundred 
and eighty-five days in a period of twelve months preceding the qualifying 
date: 
292 
The Howrah Municipal Corporation Act, 1980. 
LVIII of 1980.] 
(Part IL—Constitution and Government—Chapter IV—Election 
of Councillors and Aldermen.—Section 36) 
Provided that— 
(a) a person shall not be deemed to be ordinarily resident in 
Howrah on the ground only that he owns, or is in possession 
of, a dwelling house therein; or 
(b) a person, who is a patient in any establishment maintained 
wholly or mainly for the reception and treatment of persons 
suffering from mental diseases or who is detained in prison or 
other legal custody at any place, shall not by reason thereof 
be deemed to be ordinarily resident therein. 
Explanation.—A person shall be deemed to "reside" in any dwelling 
house or hut which or some portion of which he sometimes, although not 
uniterruptedly uses as a sleeping apartment, and sue' person shall not be 
deemed to have ceased to "reside" therein merely because he is absent 
from it or has elsewhere another dwelling house or hut in which he resides, 
if there is the liberty of returning to it or if there is no abandonment of the 
intention of returning to it at any time. 
(2) If in any case a question arises as to whether a person is ordinarily 
resident in Howrah at any relevant time the question shall be determined 
with reference to all the facts of the case and to such rules as may be made 
in this behalf by the State Government. 
36. (1) The electoral roll for Howrah shall be prepared by the election 
authority in the prescribed manner by reference to the qualifying date and 
shall come into force immediately upon its final publication in accordance 
with the rules made by the State Government. 
(2) The electoral roll shall be prepared separately ,  foreach constituency, 
there being several parts for different areas within each constituency. 
(3) The electoral roll shall, unless otherwise directed by the State 
Government for reasons to be recorded in writing, be revised— 
(i) before each general election to the Corporation, and 
(ii) before each bye-election to fill a casual vacancy. 
(4) If the election authority, on an application made to it or of its own 
motion, is satisfied after such enquiry as it thinks fit that any entry in the 
electoral roll is or has been erroneous or defective in any particular, the 
election authority shall, subject to such general or special directions, if any, 
as may be given by the State Government in this behalf, correct the entry. 
(5) Every person whose name appears in the electoral roll for any 
constituency shall, so long as such roll remains in force, be entitled, subject 
to the provisions of this Act, to vote at an election from the said constituency: 
Preparation, 
revision and 
correction of 
electoral roll. 
293 
The Howrah Municipal Corporation Act, 1980. 
[West Ben. Act 
(Part IL—Constitution and Government—Chapter 1V1—Election 
of Councillors and Aldermen.—Sections 37-40.) 
Provided that no such person shall vote at an election of Councillors, 
if he— 
(a) has been adjudged by a competent court to be of unsound 
mind, or 
(b) has voluntarily acquired the citizenship of a foreign State, or 
(c) has been convicted of an offence under Chapter IXA of the 
Indian Penal Code punishable with imprisonment, or has 
been found in a proceeding by the Court to have committed 
a corrupt practice within the meaning of this Act. 
Appeal. 	 37. An appeal by any person aggrieved by any entry in, or omission 
from, the electoral roll or by any order or decision of the election authority 
shall, in accordance with such procedure as may be prescribed, lie to such 
appeallate authority as the State Government may, by notification, appoint. 
Bar to 
jurisdiction 
of civil 
courts. 
General 
disqualifica-
tions for 
being 
elected 
Councillor 
or 
Alderman. 
Term of 
office of 
Councillors 
and 
Aldermen. 
38. No civil court shall have jurisdiction— 
(a) to entertain or adjudicate upon any question whether any 
person is or is not entitled to be registered in the electoral roll 
for Howrah, or 
(b) to question the legality of any action taken by or on behalf of 
the election authority under this Act. 
39. A person shall not be qualified for being elected a Councillor or 
Alderman, if he— 
(a) is not entitled to vote at the election for any const

Excerpt shown. Open the full act in Lexace.

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