The Durgapur Municipal Corporation Act, 1994

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
Ben. Act XV 
of 1932. 
West Hen. 
Act XXX of 
1990. 
West Bengal Act LIII of 1994 
THE DURGAPUR MUNICIPAL 
CORPORATION ACT, 1994. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinary; of the 1st October, 1996.] 
[1st October, 1996.] 
An Act to provide for better administration of the municipal affairs of 
Durgapur by the establishment of a Municipal Corporation. 
WHEREAS it is expedient to provide for better administration of the 
municipal affairs of Durgapur by the establishment of a Municipal 
Corporation; 
It is hereby enacted in the Forty-fifth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the Durgapur Municipal Corporation Short title, 
Act, 1994. 	 application 
and corn- 
(2) It shall apply to Durgapur. 	 mencement. 
(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. 
(1) "Corporation" means the Durgapur Municipal Corporation 
established under this Act; 
(2) "Durgapur" means the area within the jurisdiction of the 
Durgapur Notified Area Authority (hereinafter referred to 
in this clause as the said area): 
Provided that the State Government may, by notification, 
add to the said area any local area contiguous to the said 
area, and thereupon such local area shall stand included in 
the said area; 
(3) "Durgapur Notified Area Authority" means the Durgapur 
Notified Area Authority as constituted under the Bengal 
Municipal Act, 1932; 
(4) "notification" means a notification published in the Official 
Gazette; 
(5) "the Siliguri Municipal Corporation Act" means the Siliguri 
Municipal Corporation Act, 1990, as applied to Durgapur 
under section 4. 
597 
The Durgapur Municipal Corporation Act, 1994. 
[West Ben. Act 
(Sections 3-5.) 
The 
Corporation 
Application 
of West Ben. 
Act XXX of 
1990 to 
Durgapur. 
Application 
of rules 
under West 
Ben. Act 
XXX of 
1990. 
3. (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 Durgapur, to be known as the Durgapur 
Municipal Corporation. 
(2) The Corporation shall be a body corporate with perpetual 
succession and a commom seal, and may by its name sue and be sued. 
(3) Subject to the provisions of this Act, the Corporation shall be 
entitled to acquire, hold and dispose of any property. 
(4) The properties, if any, along with all right therein of whatsoever 
description used, enjoyed or possessed by the Durgapur Notified Area 
Authority immediatly before the date of commencement of this Act shall, 
on and from such date, become vested in the Corporation. 
(5) All rights, liabilities and obligations of the Durgapur Notified 
Area Authority in relation to any matter provided for in or under this 
Act shall, in so far as they were subsisting immediately before the date of 
commencement of this Act, be enforceable by or against the Corporation. 
4. ( I ) Notwithstanding anything contained in any other law for 
the time being in force, the provisions of the Siliguri Municipal 
Corporation Act as in force immediately before the date of commencement 
of this Act shall, as from that date, mamas nuaandis apply to and come 
into force in Durgapur: 
Provided that a law coming into force after the date of commencement 
of this Act repealing, amending, or adding to the provisions of the Siliguri 
Municipal Corporation Act shall apply to and come into force in Durgapur 
if so directed by the State Government by notification and not otherwise. 
(2) A notification applying to and bringing into force in Durgapur 
any law under the proviso to sub-section (1) may be issued so as to be 
retrospective to any date not earlier than the date of coming into force of 
such law and may provide for such modifications or exceptions as the 
State Government thinks fit subject to which such law shall apply to and 
come into force in Durgapur. 
5. All rules by the State Government under the Siliguri Municipal 
Corporation Act, 1990 and in force immediately before the date of 
commencement of this Act shall, as from such date, mutatis mutandis 
apply to and come into force in Durgapur to the extent to which they are 
not repugnant to the provisions of this Act read with the Siliguri 
Municipal Corporation Act: 
598 
The Dut-gaper Municipal Corporation Act, 1994. 
LIII of 1994.] 
(Section 6.) 
West Ben. 
Act XXX 
of 1990. 
Provided that all rules made by the State Government under the 
Siliguri Municipal Corporation Act, 1990, after the date of 
commencement of this Act and in force shall, to the extent they are not 
repugnant to the provisions of this Act read with the Siliguri Municipal 
Corporation Act, mutatis mutandis apply to and come into force in 
Durgapur if so directed by the Government by notification and not 
otherwise. 
6. (1) For the purposes of this Act, in the Siliguri Municipal 
Corporation Act (hereinafter referred to as the said Act) and the rules as 
apply to Durgapur under section 7,— 
(a) any reference to the Corporation as established under the 
said Act, and the Mayor-in-Council, the Mayor, the 
Chairman, the Deputy Mayor, the Board of Councillors or 
any Councillor or member thereof shall be construed as a 
reference to the Corporation established under this Act, 
and the Mayor-in-Council, the Mayor, the Chairman, the 
Deputy Mayor, the Board of Councillors or the Councillor 
or the member thereof as the context may require; 
(b) any reference to the Chief Executive Officer, the Chief 
Engineer, the Health Officer, the Finance Officer, the 
Assessor, the Collector of Taxes or the Secretary shall be 
construed as a reference to the Chief Executive Officer, the 
Chief Engineer, the Health Officer, the Finance Officer, 
the Assessor, the Collector of Taxes or the Secretary of the 
Corporation established under this Act; 
(c) any reference to Siliguri shall be construed as a reference 
to Durgapur as the context may require; 
(d) any reference to a constituency shall be construed as a 
reference to a constituency of the Corporation established 
under this Act. 
(2) If any doubt arises as to the authority or officer to which any 
particular power, duty or function under the Siliguri Municipal 
Corporation Act or the rules as apply to Durgapur under section 7 
appertains, the Mayor of the Corporation shall refer the matter to the 
State Government and the decision of the State Government on such 
reference shall be final and shall not be called in question in any Court. 
Interpretation 
of 
references. 
599 

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