The Siliguri Municipal Corporation Act, 1990

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXX of 1990 
THE SILIGURI MUNICIPAL CORPORATION 
ACT, 1990. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Calcutta 
Gazette, Extraordinary, of the 15th September, 1993.] 
[15th September, 1993.] 
An Act to provide for better administration of the municipal affairs of 
Siliguri by the establishment of a Municipal Corporation. 
WHEREAS it is, expedient to provide for better administration of the 
municipal affairs of Siliguri by the establishment of a Municipal 
Corporation; 
It is hereby enacted in the Forty-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 Siliguri Municipal Corporation Short title 
Act, 1990. 	 and 
commence- 
(2) It shall come into force on such date as the State Government may, ment. 
by notification, appoint. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(1) "Assessment Book" means the Municipal Assessment Book 
and includes any book sulisidiary thereto; 
(2) "budget-grant" means the total sum entered on the expenditure 
side of a budget estimate under a major head and adopted by 
the Corporation and includes any sum by which such 
budget-grant may be increased or reduced by transfer from 
one or the other head in accordance with the provisions of this 
Act and the regulations made thereunder; 
(3) "building" means a house, out-house, stable, latrine, urinal, 
shed, part wall (other than a boundary wall) or any other 
structure, whether of masonry, bricks, mud, metal or other 
material, but does not include any portable shelter; 
251 
The Siliguri Municipal Corporation Act, 1990. 
[West Ben. Act 
(Part 1.—Chapter 1.—Preliminary.—Section 2.) 
(4) "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; 
(5) "bye-law" means a bye-law made by the Corporation under 
this Act; 
(6) "cart" means any cart, hackney or wheeled vehicle with or 
without spring which is not a carriage, and includes a hand 
cart, a cycle van and a push van, but does not include any 
wheeled vehicle which is propelled by mechanical power or 
its trailer; 
(7) "carriage" means any wheeled vehicle with springs or other 
appliances acting as springs, which is ordinarily used for the 
conveyance of human beings, and includes a jin-rickshaw, a 
cycle-rickshaw, a bicycle and a tricycle, but does not include 
a perambulator or other form of vehicle designed for the 
conveyance of small children; • 
(8) "casual vacancy" means a vacancy occurring otherwise than 
by efflux of time in the office of a Councillor or an Alderman 
or in any other elective office; 
(9) "Corporation" means the Siliguri Municipal Corporation 
established under this Act; 
(10) "dairy" includes any farm, cattle-shed, cow-house, milk-
store, milk shop or other place— 
(a) from which milk is supplied on or for sale, or 
(b) in which milk is kept for purposes of sale or used for 
manufacture or preparation for sale of— 
(i) butter, or 
(ii) ghee, or 
(iii) cheese, or 
(iv) curds, or 
(v) dried, sterilized, condensed or toned milk, but does 
not include— 
(a) a shop or other place in which milk is sold for 
consumption on the premises only, or 
(b) a shop or other place from which milk is sold 
or supplied in hermetically closed and 
unopened receptacles in the same original 
condition in which it was first received in such 
shop or other place; 
252 
The Siliguri Municipal Corporation Act, 1990. 
XXX of 1990.1 
(Part L—Chapter 1.—Preliminary.----Section 2.) 
(11) "dairyman" includes any occupier of a dairy, any cow-
keeper who trades in milk, or any wholesale or retail seller 
of milk; 
(12) "dangerous disease" means— 
(a) cholera, plague, chicken-pox, tuberculosis, leprosy, 
enteric fever, cerebrospinal meningitis and diphtheria, 
and 
(b) any other epidemic, endemic or infectious disease which 
the Chief Executive Officer may, by notification, declare 
to be a dangerous disease for the purposes of this Act; 
(13) "Depot" means a place where articles are stored, whether 
for sale or for any other purpose but not for domestic 
consumption or use, in quantities exceeding two thousand 
kilograms; 
(14) "domestic building" includes a dwelling house and any 
other masonry building which is neither a building of the 
warehouse class nor a public building as defined in this 
section, nor a place exclusively used for private worship; 
(15) "dowelling house" means a masonry building, constructed, 
used or adopted to be used wholly or principally for human 
habitation; 
(16) "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 sewage, offensive 
matter, polluted Water, waste-water, rain water or sub-oil 
water; 
(17) "edible oil" means cocoanut oil, cotton seed oil, ground 
nut oil, olive oil and til (sesame) oil, in their pure state, 
linseed oil, mahua oil, mustard oil, rapeseed oil, poppy 
seed oil, sunflower oil, tara mira oil, niger seed oil, 
soyabean oil, maize oil, palm oil, palm karnel oil, and 
water-melon seed oil, in their pure state, imported sealed 
oil labelled as such, any vegetable oil, prepared by 
hardening process such as hydrogenation and labelled as 
such and bearing in the label in English and Bengali the 
names of the oils entering into its composition and 
any other oil which the State Government may, by 
notification, declare to be an edible oil for the purposes of 
this Act; 
253 
The Siliguri Municipal Corporation Act, 1990. 
[West Ben. Act 
(Part I.-Chapter I.-Preliminary.—Section 2.) 
(18) "edible fat" means any fat prepared in the manner approved 
by the Health Officer from healthy goats, sheep, pigs, cows, 
buffaloes, or any other animal which the State Government 
may, by notification, specify for the purposes of this Act; 
(19) "entertainment" includes any exhibition, performance, 
amusement, game or sport to which persons are ordinarily 
admitted on payment; 
(20) "factory" means a factory as defined in the Factories Act, 
1948; 
(21) "filth" includes offensive matter and sewage; 
(22) "goods" includes animals; 
(23) "habitable room" means a room constructed or adapted for 
human habitation; 
(24) "house drain" means any drain of one or more premises 
used for the drainage of such premises; 
(25) "house-gully" or "service passage" means a passage or strip 
of land constructed, set apart or utilised for the purpose of 
serving as or carrying a drain or affording access to a latrine, 
urinal, cesspool or other receptacle of filth or other polluted 
matter, by municipal employees or other persons employed 
in the cleansing thereof for the removal of such matter 
therefrom; 
(26) "hut" means any building which is constructed principally 
of wood, bamboo, mud, leaves, pressed cloth or thatch, and 
includes any structure of whatever material it may be made, 
which the Corporation may declare to be a hut for the 
purposes of this Act; 
(27) "infectious disease" or "communicable disease" means any 
disease which may be transmitted from one person to 
another and declared as such by the State Government by 
notification; 
(28) "inhabited room" means a room in which some person 
passes the night or which is used as a living room, and 
includes a room with respect to which there is a reasonable 
presumption (until the contrary is shown) that some person 
passes the night there or that it is used as a living room; 
(29) "land" includes the benefits arising out of land, things 
attached to the earth or permanently fastened to anything 
attached to the earth and rights created by law over any 
street; 
63 of 1948. 
254 
The Siliguri Municipal Corporation Act, 1990. 
XXX of 1990.] 
(Part 1.—Chapter 1.—Preliminary.---Section 2.) 
(30) "licensed architect", "licensed draughtsman", "licensed 
engineer", "licensed plumber", "licensed surveyor" or 
"licensed town planner" means respectively a person 
licensed under the provisions of this Act as an architect, 
draughtsman, engineer, plumber, surveyor or town 
planner; 
(31) "market" includes any place where persons assemble for 
the sale of, or for the purpose of exposing for sale, meat, 
fish, fruits, vegetables, animals intended for human food 
or any other articles of human food, whatsoever, with or 
without the consent of the owner of such place 
notwithstanding that there may be no common regulation 
for the concourse of buyers and sellers and whether or not 
any control is exercised over the business of or the persons 
frequenting, the market by the owners of the place or by 
any other person declared and licensed by the Corporation 
as a market; 
(32) "member", in relation to the Corporation, means a 
Councillor or an Alderman thereof; 
(33) "milk" includes cream, skimmed milk, separated milk and 
. condensed, sterilized, desiccated or toned milk; 
(34) "municipal authority" means any of the municipal authorities 
specified in section 3; 
(35) "municipal drain" means a drain vested in the Corporation; 
(36) "municipal market" means a market vested in or managed 
by the Corporation; 
(37) "municipal slaughter house" means a slaughter house vested 
in or managed by the Corporation; 
(38) "municipal water works" means a water works vested in the 
Corporation; 
(39) "notification" means a notification published in the Official 
Gazette; 
(40) "nuisance" includes any act, omission, place, animal or 
thing which causes or is likely to cause injury, danger, 
annoyance or offence to the sense of sight, smell or 
hearing, or disturbances to rest or sleep, or which is or 
may be dangerous to life or injurious to health or 
property; 
255 
The Siliguri Municipal Corporation Act, 1990. 
[West Ben. Act 
(Part 1.—Chapter 1.—Preliminary.—Section 2.) 
(41) "Occupier" includes— 
(a) any person who, for the time being, is paying or is liable 
to pay to the owner the rent or any portion of the rent 
of the land or building in respect of which such rent 
is paid or is payable; 
(b) an owner in occupation of, or otherwise using, his land 
or building; 
(c) a rent-free tenant of any land or building; 
(d) a licensee in occupation of any land or building; and 
(e) any person who is liable to pay to the owner damages 
for the use and occupation of any land or building; 
(42) "offensive matter" includes animal carcasses, kitchen or 
stable refuse, dung, dirt and putrid or putrefying substance 
other than sewage; 
(43) "Official Gazette" means the Official Gazette of the State 
Government; 
(44) "owner" includes a person who, for the time being, is 
receiving or is entitled to receive the rent of any land or 
building, whether on his own account or on account of 
himself and others or as an agent, trustee, guardian or receiver 
for any other person, or who should so receive the rent or 
be entitled to receive it, if the land or building or part thereof 
were let to a tenant, and also includes— 
(a) the custodian of evacuee property in respect of evacuee 
property vested in him under the Administration of 31 of 1950. 
Evacuee Property Act, 1950; 
(b) the General Manager of a railway and the head of the 
Government department, in respect of properties 
under their respective control; 
(45) "premises" means any land or building or part of a building, 
and includes— 
(a) the garden, ground and out-houses, if any, appertaining 
to a building or part of a building; and 
(b) any fittings affixed to a building or part of a building 
for the more beneficial enjoyment thereof; 
(46) "prescribed" means prescribed by rules made under this 
Act; 
(47) "private street" means any street, which is not a public 
street, and includes any passage securing access to two or 
more places belonging to the same or different owners; 
256 
The Siliguri Municipal Corporation Act, 1990. 
XXX of 1990.] 
(Part 1.—Chapter 1.—Preliminary.—Section 2.) 
(48) "private market" means a maket which is not a municipal 
market; 
(49) "private slughter house" means a slaughter house which is 
not a municipal slaughter house; 
(50) "public building" means a masonry building constructed, 
used or adopted to be used— 
(a) as a place of public worship or as a school, college or 
other place of instruction (not being a dwelling-house 
so used) or as a hospital, workshouse, public theatre, 
public cinema, public hall, public concert room, 
public ballroom, public lecture-room, public library or 
public exhibition room or as a public place of 
assembly, or 
(b) for any other public purpose, or 
(c) as a hotel, lodging house, home, refuge or shelter, 
where the building exceeds in cubical extent seven 
thousand cubic metres or has sleeping accommodation 
for more than one hundred persons; 
(51) "public place" means any place which is open to the use 
and enjoyment of the public, whether it is actually used or 
enjoyed by the public or not; 
(52) "public securities" means any securities of the Central 
Government or State Government or any securities 
guaranteed by the Central Government or a State Government 
or any securities issued under this Act or any debentures 
issued by the Bombay, Calcutta or Madras Municipal 
Corporation; 
(53) "public street" means any street, or the soil below the surface 
of any street, which under the provisions of this Act becomes, 
or is declared to be, a public street; 
(54) "railway administration" has the meaning assigned to it in 
9 of 1890. 	 the Indian Railways Act, 1890; 
(55) "rate-payer" means a person liable to pay any rent, tax-fee 
or licence-fee under this Act; 
(56) "rateable value" means the value of any land or building 
fixed in accordance with the provisions of this Act and the 
bye-laws made thereunder for the purpose of assessment to 
property taxes; 
(57) "regulation" means a regulation made by the Corporation 
under this Act; 
257 
The Siliguri Municipal Corporation Act, 1990. 
[West Ben. Act 
(Part I.-Chapter I.-Preliminary.--Section 2.) 
(58) "reside" when used with reference to any person, means— 
(a) a person deemed to reside in any dwelling house which 
or some portion of which he sometimes, although not 
uninterruptedly, uses as a sleeping apartment, and 
(b) a person not to be deemed to cease to reside in any such 
dwelling house merely because he is absent from it or 
has elsewhere another dwelling house in which he 
resides, if there is the liberty of returning to it at any 
time and no abandonment of the intention of returning 
to it 
(59) "rubbish" includes ashes, broken bricks, broken glass, dust, 
malba, mortar and refuse of any kind which is not filth; 
(60) "rule" means a rule made by the State Government under 
this Act; 
(61) "service privy" means a fixed privy which is cleansed by 
hand, but does not include a movable commode; 
(62) "service urinal" means a fixed urinal which is cleansed by 
hand; 
(63) "sewage" means night-soil and other contents of latrines, 
urinals, cesspools or drains and polluted water from sinks, 
bathrooms, stables, cattle-sheds and other like places, and 
includes trade effluents and discharges from manufactories 
of all kinds; 
(64) "shed" means a slight or temporary structure for shed or 
shelter; 
(65) "Siliguri" means the area described in Schedule .1; 
(66) "slaughter house" means any place ordinarily used for the 
slaughter of animals for the purpose of selling the flesh 
thereof for human consumption; 
(67) "street" includes any way, road, land, square, court, allay, 
gully, passage, whether a thoroughfare or not and whether 
built upon or not, over which the public have a right of way 
and also the roadway or footway over any bridge or 
causeway; 
(68) "trade effluent" means any liquid, either with or without 
particle of matter in suspension therein which is wholly or 
in part produced in the course of any trade or industry 
carried on at trade premises, and, in relation to any trade 
premises, means any such liquid as aforesaid which is so 
produced in the course of any trade or industry carried on 
at those premises, but does not include domestic sewage; 
258 
The Siliguri Municipal Corporation Act, 1990. 
XXX of 1990.] 
(Part 11.—Constitution and Government.—Chapter 11.—The Municipal 
Authorities.—Sections 3, 4.) 
(69) "trade premises" means any premises used or intended to 
be used for carrying on any trade or industry; 
(70) "trade refuse" means the refuse of any trade or industry; 
(71) "vehicle" includes a carriage, cart, van, dray, truck, hand-
cart, bicycle, tricycle, cycle-rickshaw, auto-rickshaw, motor 
vehicle and any other wheeled conveyance which is used 
or is capable of being used on a street; 
(72) "ward" means a municipal ward provided by order made 
under this Act for the purpose of election of Councillors; 
(73) "water course" includes any river, stream or channel, whether 
natural or artificial; 
(74) "water works" includes all lakes, tanks, streams, cisterns, 
springs, pumps, wells, reservoirs, aqueducts, water trucks, 
sluices, mains, pipes, culverts, hydrants, stand-pipes and 
conduits and things used or intended to be used for the 
purpose of supplying water; 
(75) "workshop" means any premises (including the precincts 
thereof), other than a factory, wherein any industrial process 
is carried on; 
(76) "year" means a year commencing on the 1st day of April. 
PART II 
CONSTITUTION AND GOVERNMENT 
CHAPTER II 
The Municipal Authorities 
3. The following shall be the municipal authorities for the purposes 
of carrying out the provisions of this Act, namely:— 
(a) the Corporation, 
(b) the Mayor-in-Council, and 
(c) the Mayor. 
4. (1) With effect from such date as the State Government may, 
by notification, appoint, there shall be a Corporation charged with the 
municipal government of Siliguri to be known as the Siliguri Municipal 
Corporation. 
(2) The Corporation shall be a body corporate with perpetual 
succession and a common seal, and may by its name sue and be sued. 
The 
municipal 
authorities. 
The 
Corporation. 
259 
The Siliguri Municipal Corporation Act, 1990. 
Constitution 
of the Corporation. 
[West Ben. Act 
(Part IL—Constitution and Government.—Chapter 11.—The Municipal 
Authorities.—Section 5.) 
(3) Subject to the provisions of this Act, the Corporation shall be 
entitled to acquire, hold and dispose of any property. 
5. (1) The Corporation shall consist of the following members, 
namely:— 
(a) not more than fifty and not less than thirty-five elected 
Councillors as may be determined by the State Government, 
and 
(b) three Aldermen to be elected by the Councillors referred to 
in clause (a). 
(2) The Councillors referred in clause (a) of sub-section (1) shall be 
elected by the constituencies, each constituency electing one Councillor, 
and for this purpose, each ward shall constitute a constituency: 
Provided that— 
(a) two seats shall be reserved for the Scheduled Castes, 
(b) one seat shall be reserved for the Scheduled Tribes, and 
(c) five seats shall be reserved for the women. 
For the purpose of reservation of seat— 
(a) for the Scheduled Castes, the ward having the highest and 
the ward having the next highest number of population of 
the Scheduled Castes shall each constitute a constituency, 
and 
(b) for the Scheduled Tribes, the ward having the highest 
number of population of the Scheduled Tribes shall 
constitute a constituency. 
Explanation.—For the purposes of this sub-section and sub-
section (4), the expression "population" shall mean the population as 
ascertained at the last preceding census of which the relevant figures 
have been published. 
(4) If any ward has the highest number of population of both the 
Scheduled Castes and the Scheduled Tribes, such ward shall constitute 
a constituency for the purpose of reservation of seat for the Scheduled 
Tribes, and the ward having the next highest number of population of 
the Scheduled Castes shall constitute a constituency for the purpose of 
reservation of seat for the Scheduled Castes. 
(5) For the purpose of reservation of seats for the women, any ward, 
other than the ward constituting a constituency for the purpose of 
reservation of seat for the Scheduled Castes or the Scheduled Tribes, 
shall constitute a constituency: 
Provided that the total number of seats reserved for the women under 
clause (c) of the proviso to sub-section (2) shall be reckoned seriatim, 
starting from ward number one, and -by rotation. 
(3) 
260 
The Siliguri Municipal Corporation Act, 1990. 
XXX of 1990.] 
(Part II.—Constitution and Government.—Chapter II.—The Municipal 
Authorities.—Sections 6, 7.) 
(6) The three Aldermen referred in clause (b) of sub-section (1) shall 
be elected in such manner as may be prescribed. 
6. 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 occurrences 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. 
7. (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 
Corporation, 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. 
Election of 
Mayor and 
Chairman. 
Terms of 
office of 
Mayor and 
Chairman. 
261 
The Siliguri Municipal Corporation Act, 1990. 
Constitution 
of Mayor-in-
Council. 
Terms of 
office of 
members of 
Mayor-in-
Council. 
[West Ben. Act 
(Part IL—Constitution and Government.—Chapter IL—The Municipal 
Authorities.—Sections 8, 9.) 
(2) Notwithstanding the provisions of sub-section (1), except when 
an order of supersession has been made under the provisions of this Act, 
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. 
8. (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 regulations. 
(5) The Mayor-in-Council shall be collectively responsible to the 
Corporation. 
9. A member of the Mayor-in-Council other than the Mayor shall 
hold office from the date of his nomination to the Mayor-in-Council 
until— 
(a) he ceases to be a member of the Corporation, or 
(b) he resigns his office by writing under this hand addressed 
to the Mayor in which case the resignation shall take effect 
from the date of its acceptance, or 
(c) he is removed from office by a written order of the Mayor, 
or 
(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. 
262 
The Siliguri Municipal Corporation Act, 1990. 
XXX of 1990.] 
(Part IL—Constitution and Government.—Chapter 11.—The Municipal 
Authorities.—Section 10.) 
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 them-
selves 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 
regulations 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 the provisions 
of this Act and to satisfy itself that the moneys 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; 
(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. 
Municipal 
Accounts 
Committee. 
263 
The Siliguri Municipal Corporation Act, 1990. 
Borough 
Committee. 
[West Ben. Act 
(Part IL—Constitution and Government.—Chapter 11.—The Municipal 
Authorities.—Section 11.) 
(6) The Municipal Accounts Committee may call for any book or 
document relating to the accounts of the Corporation under examination 
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 
into five boroughs so that each borough consists of not less than seven 
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 any other causes, health immunisation 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 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. 
264 
The Siliguri Municipal Corporation Act, 1990. 
XXX of 1990.1 
(Part 11.—Constitution and Government.—Chapter 11.—The Municipal 
Authorities.—Sections 12, 13.—Chapter 111.—A. Officers and other 
employees of the Corporation.—Section 14.) 
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. 
13. (1) The Corporation may, if so decided at a meeting, constitute 
special committees for discharge of any specific function or making 
enquiry and report on any specific matter with such powers, functions 
or duties as may be provided in a resolution in this behalf. 
(2) Such Committee shall consist of such members of the Corporation 
and such other persons, not exceeding one-third of such members, as 
the Corporation may decide. 
(3) The Committee shall formulate its own procedure for conduct 
of business, subject to the approval of the Corporation. 
Remunera-
tion and 
facilities of 
Mayor; 
Chairman, 
Deputy 
Mayor, 
members of 
the Mayor-
in-Council 
and 
members of 
Committee. 
Appoint. 
ment of 
special 
committees. 
CHAPTER III 
A. Officers and other employees of the Corporation 
14. (1) The Corporation shall have the following officers, namely:— Officers of 
the 
(a) the Chief Executive Officer, 	 Corporation. 
(b) the Chief Engineer, 
(c) the Health Officer, 
(d) the Finance Officer, 
(e) the Assessor, 
(f) the Collector of Taxes, and 
(g) the Secretary. 
(2) The Chief Executive Officer and the Finance Officer 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 
265 
The Siliguri Municipal Corporation Act, 1990. 
[West Ben. Act 
(Part 11.—Constitution and Goyernment.—Chapter III.—A. Officers and 
other employees of the Corporation. 	 Section 15.) 
(b) if so directed by the State Government, by the Mayor-in- 
Council in consultation with the State Public Service 
Commission: 
Provided that the appointment of such officers 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 sub-section (1) 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 sub-section (2) as the Chief Executive 
Officer or the Finance Officer, 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 
Chief 
Executive 
Officer and 
other 
officers 
appointed by 
the State 
Government. 
15. (1) The Chief Executive Officer and the Finance Officer 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 
266 
The Siliguri Municipal Corporation Act, 1990. 
XXX of 1990.] 
(Part 11.--Constitution and Government.—Chapter 111.—A. Officers and 
other employees of the Corporation.—Sections 16-18.) 
(b) the conditions of grants 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. 
16. (1) The posts of officers and employees of the Corporation, 
other than those referred to in sub-section (1) of section 14, 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 posts carrying a monthly salary of more than 
two thousand rupees or a salary rising by periodical increments to more 
than two thousand rupees shall be created without the sanction of the 
State Government. 
Establish-
ment of the 
Corporation. 
17. (1) The method of, and the qualifications required for, recruitment Appoint-
to posts of different categories constituting the establishment of the rent.  
Corporation shall be such as may be prescribed. 
(2) Subject to the provisions of this Act, appointment to all the posts 
of officers and employees constituting the establishment of the Corporation 
shall be made by the Chief Executive Officer with the approval of the 
Mayor-in-Council. 
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. 
Terms and 
conditions of 
service of 
officers and 
employees. 
267 
The Siliguri Municipal Corporation Act, 1990. 
'[West Ben. Act 
Constitution 
of Municipal 
Service 
Commis-
sion. 
Payment of 
salaries and 
allowances 
of the 
Chairman 
and other 
members, 
officers and 
employees 
of the 
Municipal 
Service 
Commis-
sion. 
Selection of 
personnel. 
(Part IL—Constitution and Government.—Chapter 
B. Municipal Service Commission.—Sections 19-21.) 
B. Municipal Service Commission 
19. (1) The Corporation may constitute a Municipal Service 
Commission to be known as the Siliguri 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 by rules— 
(a) the terms of office, salaries, allowances (if any) and 
conditions of service, (including those for appointment of 
a casual or part-time nature) 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 appointments 
of casual or part-time nature as well as 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. 
21. (1) Notwithstanding the provisions of section 19 or section 20, 
the Municipal Service Commission (hereinafter referred to in this section 
as the said Commission) constituted under sub-section (1) of section 26 
of the Calcutta Municipal Corporation Act, 1980 (hereinafter referred 
to in this section as the said Act), shall, by virtue of sub-section (5A) 
of section 26 of the said Act, select such personnel for the Corporation 
as may be determined by the State Government by notification under 
sub-section (5A) of section 26 of the said Act, and it shall be binding 
West Ben. 
Act LIX of 
1980. 
268 
The Siliguri Municipal Corporation Act, 1990. 
KXX of 1990.] 
(Part II.—Constitution and Government—Chapter 111.—
C. Powers and functions of the Municipal Authorities 
and the Officers of the Corporation.—Sections 22-24.) 
on the Corporation to appoint the personnel selected by the said 
Commission. 
(2) Any amount of contribution payable by the Corporation under 
sub-section (2) of section 27 of the said Act shall, in accordance with 
the provisions of sub-section (2) of section 27 of the said Act, be credited 
by the Corporation to the Municipal Fund of the Calcutta Municipal 
Corporation. 
C. Powers and functions of the Municipal Authorities 
and the Officers of the Corporation 
22. (1) Subject to the provisions of this Act and the rules and the 
regulations made thereunder, the executive power of the Corporation 
shall be exercised by the Mayor-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 he 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 the functions of the 
Mayor owing to absence, illness or any other cause, the Deputy Mayor 
shall discharge his functions until the date on which the Mayor resumes 
his duties. 
Powers and 
functions of 
the Mayor-
in-Council. 
Powers and 
functions of 
the Mayor. 
The Deputy 
Mayor to act 
as Mayor or 
to discharge 
the functions 
of Mayor 
during 
casual 
vacancy in 
the office of 
Mayor or 
during the 
absence of 
Mayor. 
269 
The Siliguri Municipal Corporation Act, 1990. 
Powers and 
functions of 
the Chief 
Executive 
Officer. 
Powers and 
functions of 
the 
Secretary. 
[West Ben. Ac 
(Part IL—Constitution and Government.—Chapter 
C. Powers and functions of the Municipal Authorities 
and the Officers of the Corporation.—Sections 25, 26.) 
(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. 
25. The Chief Executive Officer 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; 
(c) be responsible for the custody of all records other than the 
papers and documents connected with the proceedings of 
the Corporation and the Mayor-in-Council and the Municipal 
Accounts Committee, and shall preserve the same in such 
manner and for such period as may be determined by 
regulations; 
(d) 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 the Secretary to the Corporation and 
the Municipal Accounts Committee and of other Committees, if any, 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 Chief 
Executive Officer. 
(2) The Secretary shall be responsible for the custody of all papers 
and documents connected with the proceedings of the Corporation and 
the Municipal Accounts Committee and of other Committees, if any, and 
shall preserve the same in such manner and for such period as may be 
determined by regulations. 
270 
The Siliguri Municipal Corporation Act, 1990. 
XXX of 1990.] 
(Part 11.—Constitution and Government.—Chapter 
C. Powers and functions of the Municipal Authorities 
and the Officers of the Corporation.—Sections 27-29.) 
27. The financial powers of the Corporation, the Mayor-in-Council Financial 
and the Chief Executive Officer shall be such as may be prescribed. 	 powers of 
the 
Corporation, 
Mayor-in-
Council and 
Chief 
Executive 
Officer. 
28. (1) The Corporation may by resolution delegate, subject to such 

Excerpt shown. Open the full act in Lexace.

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