The West Bengal Municipal Corporation Act, 2006

(nate' coette 
iTiritg zirl 
Extraordinary 
Published by Authority 
Registered No. WB/SC-247 	 No. WB(Part-III)/2008/SAR-16 
Mbe 
si 
JYAISTHA 8] 	 THURSDAY, MAY 29, 2008 	 [SAKA 1930 
PART III—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 957-L.-29th May, 2008.—The following Act of the West Bengal Legislature, having been assented to by 
the President of India, is hereby published for general information:— 
West Bengal Act XXXIX of 2006 
THE WEST BENGAL MUNICIPAL CORPORATION 
ACT, 2006. 
CONlENTS 
PART I 
CHAPTER I 
Preliminary 
Section 
1. Short title, extent and commencement. 
2. Definitions. 
PART II 
CORPORATION AREA 
CHAPTER II 
Constitution of Corporation area 
3. Declaration of intention to constitute Corporation area. 
2 	 THE KOLKATA GAZETTE; EXTRAORDINARY, MAY 29, 2008 	 [PART III 
The West Bengal Municipal Corporation 
Act, 2006.-• 
Section 
4. Publication of declaration. 
5. Consideration of objection. 
6. Constitution of Corporation area. 
7. Power to determine number of wards in a Corporation area. 
8. Power to abolish, or to alter the limits of, Corporation area. 
CHAPTER III 
Municipal authorities 
9. Municipal authorities. 
10. Corporation. 
11. Constitution of Board of Councillors. 
12. Election to Corporation. 
13. Terms of office of Councillors. 
14. Disqualification for being a Councillor on change of political party. 
15. Leader of the Opposition. 
1.6. Oath of allegiance to be taken by Councillors. 
17. Election of Mayor and Chairman. 
18. Term of office of Mayor and Chairman. 
19. Constitution of Mayor-in-Council. 
20. Term of office of Deputy Mayor and other members of Mayor-in-Council. 
21. Municipal Accounts Comittee. 
22. Borough Committee. 
23. Ward Committee. 
24. Constitution of Standing Committees. 
25. Functions of the Standing Comittee. 
26. Education Committee. 
27. Poor Fund Committee. 
28. Remuneration and facilities of Mayor, Chairman, Deputy Mayor, members of Mayor-in-Council, Leader of the 
Opposition, Chairman of Borough Committee, the Councillor and members of Committee. 
29. Appointment of Special Committee. 
CHAPTER IV 
A. Officers and other employees of Corporation 
30. Officers of Corporation. 
31. Code of Conduct for the elected functionaries. 
32. Salary and other conditions of service of Commissioner and other officers appointed by State Government. 
33. Establishment of Corporation. 
34. Appointment. 
35. Compulsory retirement of officers and oft-- employeeq of Corporation. 
36. Terms and conditions of service of officers and other employees of Corporation. 
B. Municipal Service Commission 
37. Constitution of Muicipal Service Commission. 
38. Payment of salaries and allowances of Chairman and other members, and officers and other employees, of 
Municipal Service Commission. 
39. Selection of personnel. 
C. Municipal Vigilance Authority 
40. Municipal Vigilance Authority. 
PART .11I] 
	
THE KOLKATA GAZETTE, EX 	FRAORDINARY, MAY 29, 2008 	 3 
The West Bengal Municipal Corporation 
Act, 2006. 
Section 
D. Powers and functions of municipal authorities and officers of Corporation 
41. Powers and functions of Mayor-in-Council. 
42. Powers and functions of Mayor. 
43. Deputy' Mayor to act as Mayor or Chairman or to discharge the functions of Mayor or Chairman during casual 
vacancy in the office of Mayor or Chairman or during the absence of Mayor or Chairman. 
44. Powers and functions of Commissioner. 
45. Powers and functions of Secretary. 
46. Financial powers of Board of Councillors, Mayor-in-Council and Commissioner. 
47. Delegation of powers and functions. 
48. Doubts as to powers or functions of municipal authorities. 
CHAPTER V 
Conduct of business 
49. Nomination of panel of Presiding Officers. 
50. Meeting. 
51. First meeting of Corporation after general election. 
52. Notice of meeting. 
53. List of business. 
54. Quorum. 
55. Presiding Officer of meeting of Corporation. 
56. Discussion on urgent public matters. 
57. Questions on matter relating to administration. 
58. Statement on matter relating to administration. 
59. Circulation of minutes of proceedings and inspection of minutes of proceedings. 
CHAPTER VI 
Control 
60. Power of State Government to dissolve Corporation. 
61. Consequences of dissolution. 
PART III 
FINANCE 
CHAPTER VII 
Municipal Fund, Budget, Loans, Accounts and Audit 
62. Municipal Fund. 
63. Application of Municipal Fund. 
64. Expenditure on physical assets outside Corporation area. 
65. Operation of bank account. 
66. Approval of State Government in respect of work etc. estimated to cost more than rupees twenty-five lakhs. 
67. Payment not to be made out of Municipal Fund unless covered by budget grant. 
68. Procedure when money, not covered by budget grant, is paid. 
69. Annual budget. 
70. Financial assistance by State Government. 
71. Power of Corporation to raise loan. 
72. Limit to power to raise loan. 
4 	 THE KOLKATA GAZE' 1E, EXTRAORDINARY, MAY 29, 2008 	 [PART III 
The West Bengal Municipal Corporation 
Act, 2006. 
Section 
73. Power of Corporation to open credit account with bank. 
74. Repayment of loan. 
75. Form and effect of debenture. 
76. Sinking Fund. 
77. Investment of amount of Sinking Fund. 
78. Application of Sinking Fund. 
79. Statement of investment. 
80. Annual examination of Sinking Fund. 
81. Power of Corporation to borrow money from State Government. 
82. Attachment of Municipal Fund for securing any payment into Sinking Fund. 
83. Accounts to be kept by Finance Officer. 
84. Internal audit of accounts by Chief Auditor. 
85. Report by Chief Auditor. 
86. Rules of internal audit. 
87. Appointment of auditors. 
88. Report and information to be furnished by auditors. 
89. Mayor-in-Council to remove defects and to report to Corporation. 
90. Power of auditors to disallow, to surcharge, and to charge. 
91. Reference of reports to Municipal Accounts Committee. 
92. Right of appeal to Civil Court or State Government. 
93. Payment of certified amount. 
94. Cost payable out of Municipal Fund. 
95. Effect of non-payment of certified amount. 
96. Power of State Government to make rules. 
PART IV 
CHAPTER VIII 
Powers and functions of Corporation 
97. Obligatory functions of Corporation. 
98. Discretionary functions of Corporation. 
99. Transfer of functions of State Government. 
100. Power to transfer any function of Corporation under the Act to any organization. 
101. Powers of the Corporation to enter into any business or venture. 
PART V 
CHAPTER IX 
Municipal Taxation 
A. Tax and fee 
102. Power to impose tax. 
103. Levy of fee on congregation. 
104. Levy of fee on tourist. 
105. Levy of special conservancy charge. 
106. Levy of administrative or special cleansing charges. 
107. Levy of fee, charge, etc. 
PART 11 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 	 5 
The West Bengal Municipal Corporation 
Act, 2006. 
Section 
B. Rating and valuation 
108. Property tax on land and building. 
109. Levy of surcharge. 
110. Exemption of diplomatic mission. 
111. Exemption of Central Government property. 
112. Exemption of holding exclusively used for public worship etc. 
113. Exemption of holding exclusively used for public charity or medical relief or education of the poor, free of 
charge. 
114. Exemption of holding used by educational institution. 
115. Exemption of properties of ex-serviceman. 
116. Power to reduce property tax in case of excessive hardship. 
117. Remission on account of vacant holding. 
118. Exemption of holding of low valuation. 
119. Determination of annual valuation. 
120. Determination of annual valuation of holding exempted from property tax. 
121. Unit of assessment. 
C. Valuation and assessment list 
122. Periodic assessment. 
123. Preparation of valuation and assessment list. 
124. Publication of assessment list. 
125. Application for review. 
126. Hearing of objection by Review Committee. 
127. Amendment or alteration of assessment list. 
128. Addition to assessment list. 
129. Intimation to Valuation Board regarding addition to, or alteration in, assessment list. 
130. Submission of return and inspection of holding for purpose of assessment. 
131. Transfer of title of land or building. 
132. Self-assessment and submission of return. 
133.. Levy of surcharge on transfer of land. 
134. Incidence of property tax on land and building. 
135. Cases of annual value of land or building exceeding the amount of rent thereof. 
136. Recovery of sum due on account of property tax on land and building from occupier. 
137. Payment of property tax in quarterly instalment. 
138. Property tax in bustee. 
139. Person liable to pay surcharge to recover it from occupier. 
140. Default of payment of property tax. 
D. Profession, trade and calling 
141. Certificate of enlistment for profession, trade and calling. 
E. Tax on advertisement 
142. Tax on advertisement. 
143. Licence for use of site for the purpose of advertisement. 
144. Prohibition of advertisement without payment of tax. 
145. Presumption in case of contravention. 
146. Power of Commissioner in case of contravention. 
147. Exception. 
6 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 	 [PART III 
The West Bengal Municipal Corporation 
Act, 2006. 
Section 
F. Tax on cart, carriage and animal 
148. Tax on cart, carriage and animal. 
149. Rate of tax. 
150. Tax on whom leviable. 
151. Licence. 
152. Power of Corporation to compound for tax. 
153. Power to make regulations providing for the manner of imposition etc. of tax. 
L.54. Levy of toll. 
155. Provision in regard to ferry. 
G. Toll 
H. Ferry 	 • 
CHAPTER X 
A. Payment and recovery of tax 
156. Manner of recovery of tax under this Act. 
157. Time and manner of payment of tax. 
158. Presentation of bill. 
159. Notice of demand and notice fee. 
160. Penalty in case of default of payment of tax. 
161. Recovery of tax. 
162. Distress. 
163. Disposal of distrained property and attachment and sale of recoverable property. 
164. Recovery of tax from person about to leave Corporation area. 
165. Recovery under Ben. Act III of 1913. 
166. Distraint not unlawful for want of form. 
167. Occupier to pay rent towards satisfaction of property tax. 
168. Recovery of tax from unauthorised occupier of land or building. 
169. Recovery of property tax on land and building or any other tax or charge when owner of land or premises is 
unknown or ownership is disputed. 
170. Tax not invalid for defect of form. 
171. Cancellation of irrecoverable dues. 
B. Recovery of property tax on lands and buildings by person 
primarily liable to pay such tax to Corporation 
172. Apportionment of property tax on lands and buildings by person primarily liable to pay such tax. 
173. Mode of recovery. 
174. Property tax on land and building to be first charge on premises. 
PART VI 
Civic SERVICES 
CHAPTER XI 
Water-supply and drainage 
A. General 
175. Definitions. 
PART III] 	 THE KOLKATA• GAZETTE, EXTRAQRDINARY, MAY 29, 2008 	 7 
The West Bengal Municipal Corporation 
Act, 2006. 
Section 
B. Functions in relation .to water-supply 
176. Duty of Corporation to supply water. 
177. Supply of unfiltered water. 
178. Water supply to huts or bustees. 
179. Water supply through hydrants, stand-posts or other conveniences. 
180. Supply of water for domestic purpose not to include supply of water for certain other purpose. 
181. Power to supply water for non-domestic purpose. 
182. Supply of water to ship. 
183. Supply of water to areas adjacent to Corporation area. 
184. Presumption as to supply of water. 
185. Presumption as to washing of vehicles. 
C. Planning, construction, operation, maintenance and 
management of waterworks 
186. Proprietary rights of Corporation over subsoil water resource. 
187. Power of Corporation relating to waterworks. 
188. Commissioner to manage waterworks. 
189. Power of access to waterworks. 
190. Inspection of waterworks by person appointed by State Government. 
191. Purity of water for domestic purpose. 
,D. Tube-well 
192. Prohibition regarding sinking of tube-well. 
193. Direction by Commissioner to sink tube-well in some cases. 
194. Commissioner to maintain a register of tube-well sunk in Corpofation area. 
E. Water-supply mains and connection to premises 
195. Power to lay mains. 
196. Power to lay. service mains etc. 
197. Provision for fire-hydrant. 
198. Power of Commissioner to allow connection of premises to service mains. 
199. Power of Commissioner to require separate supply-pipe. 
200. Stopcock. 
201. Water-pipe etc. not to be placed where water will be polluted. 
202. Supply-pipe to be kept in efficient repair. 
203. Taking charge of supply-pipes and water-fittings by Commissioner and vesting thereof in Corporation. 
204. Municipal Water-supply, Sewerage and Drainage Code. 
F. Water meter 
205. Power of Corporation to establish block meter. 
206. Power of Commissioner to provide water meter. 
207. Presumption as to correctness of water meter. 
208. Prohibition of fraud on water meter. 
209. Payment for supply of water on the basis of readings shown by water meter. 
210. Exemption from payment of fee for supply of water. 
8 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 	 [PART III 
The West Bengal Municipal Corporation 
Act, 2006. 
Section 
G. General provisions regarding water-supply and 
uses of water supplied 
211. Presmises constructed or reconstructed after the commencement of this Act not to be occupied without 
arrangement for water-supply. 
212. Power to require water-supply to be taken. 
213. Power to close, or to restrict the use of water from, polluted sources of supply. 
214. Power to require filling up of well. 
215. Power of Corporation to require owner of premises to set up pump etc. 
216. Filtered water supplied for domestic purpose not to be used for non-domestic purpose. 
217. Use of unfiltered water. 
218. Prohibition of waste or misuse of water. 
219. Power to enter premises to detect waste or misuse of water. 
220. Power to cut off or turn off supply of water to premises. 
221. Joint and several liability of owner and occupier for offence in relation to water-supply. 
H. Drainage and sewerage 
222. Public drain and drain in, alongside, or under, public street to vest in Corporation. 
223. Drain etc. constructed, erected or set up in premises at charge of Municipal Fund, to vest in Corporation. 
224. Private street etc. not to be constructed over municipal drain without permission. 
225. Power of the Commissioner to levy fees for drainage and sewerage service. 
I. Drainage of premises 
226. Right of owner or occupier of premises to empty his house-drain into municipal drain. 
227. Connection with municipal drain not to be made except in conformity with section 226. 
228. House-drain, closed cesspool, etc. 
229. Grouping or combination of house-drains and enforcement of drainage in undrained premises. 
230. Municipal drain may communicate with public drain etc. 
231. Certain matters not to be passed on to municipal drain. 
232. Placing or carrying any pipe etc., over, under or across any immovable property. 
233. Placing and maintenance of aqueduct etc., over, under or across any immovable property. 
234. Map of underground utilities. 
J. Privies, urinals, and bathing and washing places 
235. Power of Corporation to provide and maintain public privies and urinals. 
236. Licence for public toilets and urinals. 
237. Conversion of service privies into sanitary toilets etc. 
238. Privy, urinal and other accommodation in premises for twenty or more labourers or workmen. 
239. Provisions for privy and urinal accommodation in premises intended for human habitation.  
K. Cesspools and other filth receptacles 
240. Position of cesspools. 
241. House drains etc. to be subject to survey and control of Corporation. 
242. Power of Corporation to grant licence to plumbers. 
243. Prevention of mosquito breeding. 
PART III} 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 	 9 
The West Bengal Municipal Corporation 
Act, 2006. 
Section 
CHAPTER XII 
Streets and public places 
244. Vesting of public street in Corporation. 
245. Functions of Commissioner in respect of public street. 
246. Power of Corporation to make new public street etc. 
247. Power of Commissioner to remove or alter obstruction, encroachment or projection. 
248. Power of Commissioner to remove anything erected, deposited or hawked in contravention of the Act. 
249. Prohibition of tethering of animal and milking of cattle. 
250. Power to specify building line and street alignment. 
251. Power of Commissioner to authorise temporary construction on, or temporary closure of, part of public street. 
252. Rights of way for underground utilities. 
253. Closure of public street for parking purpose. 
254. Owner's obligation to make street while disposing of any land. 
255. Private street to be public street. 
256. Prohibition of making new street. 
Lighting 
257. Provision for lighting of public street, square, market and building. 
CHAPTER XIII 
Fire prevention and fire safety 
258. Arrangement for fire prevention and fire safety. 
PART VII 
CHAPTER XIV 
Buildings 
259. Definitions. 
260. Municipal Building Committee. 
261. Use of land for erection of new building. 
262. Application for sanction for erection or re-erection of building. 
263. Sanction or provisional sanction or refusal of sanction for erection of building. 
264. Validity and duration of permission for erection or construction of structure or building under West Ben. 
Act XXII of 1993 or West Ben. Act XLI of 1973. 
265. Commencement and completion of building vis-a-vis validity period of sanction. 
266. Order of demolition of building or stoppage of erection of building and appeal or execution of work. 
267. Prohibition on change of use of building. 
268. Power to order demolition of buildings, dangerous, ruinious or unfit for human habitation. 
269. Licensed Building Surveyor. 
270. Rules regulating use etc. of building. 
271. Power to regulate future construction of building in any particular street or locality. 
272. Power to prohibit change of authorised use of building. 
273. Licence to be obtained for use of premises for non-residential purpose. 
274. Power to prevent use of premises for specified purpose in particular area for reasons pf environment. 
275. Approval of building site and sanction of plan for erection of building. 
10 	 THE KOT,KATA GAZETTE, , EXTRAORDINARY,- MAY 29, 2008 	 [PART III 
The West Bengal Municipal ;  Corporation 
Act, 2006. 
Section 
276. Purpose of use of building and conditions of erection or re-erection of building. 
277. Sanction of building plan and permission to execute work. 
278. Sanction or permission to be deemed to have been 
permission. 
279. Notice to Commissioner before commencement of 
280. Grounds on which sanction may be refused. 
281. Period for completion of building or work. . 
282. Completion certificate. 
283. Power to refuse sanction or to impose restrictions. etc. 
284. Power to prevent the use of inflammable materials for 
285 	 Provisions of this chapter not to apply in certain cases 
286. Power of the Commissioner to cancel permission on the gr6und 
287. Unauthorised construction. 
288. Power to stop excavation. 
289. Power to stop unauthorised construction. 
290. Power to require alteration of existing building. 
291. Maintenance of building. 
292. Premission for establishment of theatres, circuses, exhibitions and places of public amusement. 
293. Conditions for grant of permission. 
294. Power to fix lamps, brackets, etc. to the buildings. 
295. Construction of building in contravention of provisions of the Act or the rules made thereunder. 
CHAPTER XV 
Bustee 
296. Power to define and alter limits of bustee. 
297. Preparation of improvement scheme for bustee. 
298. Power to acquire the right of user in land or around bustee. 
299. Sanction of building plan for permanent construction etc. in a bustee. 
PART VIII 
CHAPTER XVI -
Solid waste 
300. Collection, removal and disposal of soild waste. 
CHAPTER XVII 
Environmental precautions 
301. Procedure in the case of building deemed unfit for human habitation. 
302. Warehouse, godown, etc. not to be established without permission. 
303. Factory etc. not to be established etc. without permission of Commissioner. 
304. Eating-house etc. not to be kept without licence. 
305. Control of theatre, circus and place of public amusement. 
306. Power of Commissioner to stop use of premises when used without or otherwise than in conformity with terms 
of licence. 
CHAPTER XVIII 
Market and slaughterhouse 
307. Power to provide and maintain municipal inarket, slaughterhouse and stockyard. 
308. Power of Commissioner to grant licence for private market etc. 
309. Licence for trade or business of butcher and sale of meat etc. outside municipal market or private market. 
310. Levy of stallage rent and fee. 
granted in case of default in according sanction or 
work. 
in case of buildinz 
building, etc. 
of addition and alteration. 
of metarial misrepresantation 
at corner of street. 
by appi Lint. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 	 11 
The West Bengal Municipal Corporation 
Act, 2006. 
Section 
311. Depot for sale of essential commodities. 
312. Licence for hawking etc. 
313. Licence for sale of fish, poultry, etc. 
314. Power to seize food etc. 
315. Commercial projects of Corporation. 
Food and drug 
316. Registration of manufactory. 
317. Prohibition of adulteration in place where butter, ghee, etc. are manufactured_ or stored. 
318. Place of manufacture, preparation, etc. for sale of any drug or food to be open to inspection. 
319. Licence for keeping shop or place for retail sale of drug. 
320. Corporation to take measures for prevention and checking of dangerous disease. 
321. Obligation to give information about dangerous disease. 
CHAPTER XIX 
Restraint of infection 
322. Power of Commissioner to inspect places and to take measures to prevent spread of dangerous disease. 
323. Power of Commissioner to disinfect building, tank, pool or well. 
324. Measures to prevent spread of dangerous disease. 
CHAPTER XX 
Registration of births and deaths and disposal of the dead 
325. Registration of births and deaths. 
326. Information about birth. 
327. Information about finding new-born child. 
328. Information about death. 
329. Medical practitioner to certify cause of death. 
330. Duties of police in regard to unclaimed corpse. 
331. Sextons etc. not to bury etc. corpse. 
332. Registration of places for disposal of the dead. 
CHAPTER XXI 
Preparation of Draft Development Plan 
333. Preparation of Draft Development Plan. 
334. Financial statement in regard to Draft Development Plan. 
335. Modification of Draft Development Plan. 
336. Annual Development Plan. 
12 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 	 [PART III 
The West Bengal Municipal Corporation 
Act, 2006. 
CHAPTER XXII 
Corporation in hill areas 
A. Special provisions 
Section 
337. Application of the Act to Corporation in hill areas. 
338. Extension of definitions of "drain" and "masonry building". 
339. Definitions. 
B. Roads 
340. Absolute closing of public road. 
341. Power to close private road. 
342. Power to close temporarily public road or part of public road for repair or other purpose. 
343. Control over private road and bridge. 
344. Control over construction or alteration of private road. 
345. Reconstruction etc. of private road. 
346. Providing waterway on private road or enlargement of waterway on private road. 
347. Rules as to construction etc. of private road etc. 
348. Removal of obstruction on public road or private road or drain-. 
C Drains 
349. Control over construction, or alteration, of private drain. 
350. Reconstruction, repair, etc. of private drain, roof-gutter, etc. 
351. Power to require owner of land or building to provide drain. 
352. Combination of drainage of land or building belonging to different owners. 
D. Safety of hillside etc. 
353. Building etc. threatening stability or security of hillside or bank or immovable property thereon. 
354. Safety of building threatened by hillside or bank. 
355. Construction etc. of revetment etc. on, or turfing or sloping of, private land. 
356. Execution of work in combination. 
357. Construction, re-construction, 'etc. of revetment, retaining wall, etc. on private land. 
358. Rules of construction etc. of revetment etc. 
E. Control over occupation of building 
359. Prohibition of occupation of unsafe or insanitary building. 
F. Regulations 
360. Power of Corporation to make regulations for hill areas. 
CHAPTER XXIII 
Rules and regulations 
361. Power to make rules. 
362. Power of Corporation to make regulations. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 	 13 
The West Bengal Municipal Corporation 
Act, 2006. 
Section 
363. Penalty for breach of regulations. 
364. Power of State Government to cancel or to modify regulations. 
365. Power to amend Schedule. 
CHAPTER XXIV 
Delegation, co-ordination and control 
366. Delegation of power by the State Government. 
367. Supervision by Director of Local Bodies. 
368. Power of State Government to call for document, return or information from Commissioner or any officer of 
Corporation. 
369. Inspection of works or institution constructed or maintained by Corporation, or register, book, etc. of Corporation, 
by officers of State Government. 
370. Power of State Government to annul proceedings etc. of Corporation or to prohibit passing of order etc. by 
Corporation. 
371. Directions by the State Government. 
372. Power of State Government to require Corporation to perform its duty in case of default. 
373. Special provision in case of prohibitory order of court. 
374. Co-ordination of planning and development. 
375. Meeting of citizens within the jurisdiction of Borough Committee. 
376. Members, and officers and other employees to be public servants. 
377. Power of State Government to direct officers and other employees of State Government to work under 
Corporation. 
378. Power of State Government to require Corporation to avail of services of Municipal Engineering 
Directorate etc. 
379. Corporation to participate in training and research programmes of Institute of Local Government and Urban 
Studies. 
380. Financial and technical help to Corporation by Hill Council in hill areas. 
381. Appointment of officer of State Government for Corporation to provide support service to Corporation. 
382. Dispute. 
383. Savings as to certain suits and proceedings. 
CHAPTER XXV 
Miscellaneous provisions 
384. Penalties. 
385. Acquisition of property. 
386. Inventory of property. 
387. Disposal of property. 
388. Entry and inspection. 
389. Police-officers to assist the Corporation, Commissioner, etc. 
390. Removal of difficulty. 
391. Notice etc. to fix time. 
392. Signature on notice etc. to be stamped. 
393. Notice etc. to be served or issued by officer or other employee of Corporation or by any person authorised 
by Commissioner. 
394. Service of notice etc. 
395. Cognizance of offences. 
396. Limitation of time for prosecution. 
397. Admissibility of document or entry as evidence. 
398. Councillors and Commissioner of Corporation to be public servants. 
14 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 	 [PART III 
The West Bengal Municipal Corporation 
Act, 2006. 
Section 
399. Occupier to carry out work in "place of owner. 
400. Prohibition of nuisance. 
401. Power of Commissioner to remove dangerous building etc. 
402. Heritage Conservation Committee. 
403. Cessation of application of West Ben. Act XLI of 1973, West Ben. Act XXII of 1993, West Ben. Act XXX 
of 1990, West Ben. Act XXXI of 1990, West Ben. Act XXXII of 1990, and West Ben. Act LIII of 1994. 
Schedule—I. Parts of plant or of combination of plant and machinery not to be excluded in determining the annual 
value of a holding comprising land and building. 
Schedule—II. Professions, trades and callings. 
Schedule—III. Rate of tax on advertisement. 
Schedule—IV. Purposes for which premises may not be used without licence. 
Schedule—V. Penalties. 
PART III] 	 THE KOLKATA GAZETtE, EXTRAORDINARY, MAY 29, 2008 	 15 
West Bengal Act XXXIX of 2006 
Short title, extent 
and 
commencement. 
Definitions. 
THE WEST BENGAL MUNICIPAL CORPORATION 
ACT, 2006. 
[Passed by the West Bengal Legislature.] 
[Assent of the President of India was first published in the Kolkata Gazette, 
Extraordinary, of the 29th May, 2008.] 
An' Act to consolidate and amend the laws relating to municipal corporations in 
West Bengal with a view to enabling such corporations to provide a better 
and uniform municipal administration for the areas within their respective 
jurisdictions. 
WHEREAS it is expedient to consolidate and amend the laws relating to municipal 
corporations in West Bengal with a view to enabling such corporations to provide a 
better and uniform municipal administration for the areas within their respective 
jurisdictions; 
It is hereby enacted in the Fifty-seventh Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
PART I 
CHAPTER 
Preliminary 
1. (1) This Act may be called the West Bengal Municipal Corporation 
Act, 2006. 
(2) It extends to the whole of West Bengal, except Kolkata as defined in 
clause (9) of section 2 of the Kolkata Municipal Corporation Act, 1980,.and Howrah 
as defined in the Howrah Municipal Corporation Act, 1980. 
(3) It shall come into force on such date as the State Government may, by 
notification, appoint. 
(4) Notwithstanding anything contained in sub-section (2), it shall not take effect 
in any cantonment or part of a cantonment without the consent of the Central Government 
previously obtained. 
(5) Notwithstanding anything contained in sub-section (2), the provisions of 
this Act shall apply to the district of Darjeeling or any part thereof, subject to 
such exceptions and modifications as the State Government may, by notification, 
direct: 
Provided that nothing in this Act shall be construed to affect the powers of the 
Autonomous Hill Council for the hill areas specified under sub-section (1) of section 
31 of the Darjeeling Gorkha Autonomous Hill Council Act, 1988. 
2. In this Act, unless the context otherwise requires,— 
(1) "adulterated"—an article of food shall be deemed to be adulterated— 
(a) if the article sold by a vendor is not of the nature, substance or 
quaiity Liculaialcd by Cue purchaser uuu is to his piejuLiice, or is not 
of the nature, substance or quality which it purports or is represented 
to be; 
(b) if the article contains any other substance which affects, or if the 
article is so processed as to affect, injuriously the nature, substance 
or quality thereof; 
(c) if any inferior or cheaper substance has been substituted wholly or 
in part for the article so as to affect injuriously the nature, substance 
or quality thereof; 
(d) if any constituent of the article has been wholly or in part abstracted 
so as to affect injuriously the nature, substance or quality thereof; 
West Ben. Act 
LVII of 1980. 
West Ben. Act of 
LIX 1980. 
West Ben. Act 
XIII of 1988. 
16 	 THE KOLKATA GAZETTE. EXTRAORDINARY, MAY 29, 2008 	 [PART III 
The West Bengal Municipal Corporation Act, 2006. 
(Part 1.—Chapter 1.—Preliminary.—Section 2.) 
(e) if the article had been prepared, packed or kept under insanitary 
conditions whereby it has become contaminated or injurious to health; 
(f) if the article consists wholly or in part of any filthy putrid, rotten, 
decomposed or diseased animal or vegetable substance or is insect-
infested or is otherwise unfit for human consumption; 
(g) if the article is obtained from a diseased animal; 
(h) if the article contains any poisonous or other ingredient which 
renders it injurious to health; 
(i) if the container of the article is composed, whether wholly or in part, 
of any poisonous or deleterious substance which renders its contents 
injurious to health; 
(j) if any colouring matter other than that prescribed in respect thereof 
is present in the article, or if the amounts of the prescribed colouring 
matter which is present in the article are not within the prescribed 
limits of variability; 
(k) if the article contains any prohibited preservative or permitted 
preservative in excess of the prescribed limits; 
(1) if the quality or purity of the article falls below the prescribed 
standard of its constituents are present in quantities not within the 
prescribed limits of variability, which renders it injurious to health; 
(m) if the quality or purity of the article falls below the prescribed 
standard or its constituents are present in quantities not within the 
prescribed limits of variability but which does not render it injurious 
to health: 
Provided that, where the quality or purity of the article, being 
primary food, has fallen below the prescribed standards or its 
constituents are present in quantities not within the prescribed limits 
of variability, in either case, solely due to natural causes and beyond 
the control of human agency, then such article shall not be deemed 
to be adulterated within the meaning of this sub-clause. 
Explanation.—Where two or more articles of primary food are 
mixed together and the resultant article of food— 
(a) is stored, sold or distributed under a name which denotes the 
ingredients thereof; 
(b) is not injurious to health, 
then, such resultant article shall not be deemed to be adulterated 
within the meaning of this clause; 
(2) "Annual Development Plan" means the Annual Development Plan 
prepared under section 336; 
(3) "architect" means a person who is registered as an architect by the 
Council of Architecture under the Architects Act, 1972; 
(4) "Assessment Book" means the Municipal Assessment Book, and includes 
any book subsidiary thereto; 
20 of 1972. 
PART III] 	 THE. KOLKATA GAZET FE, EXTRAORDINARY, MAY 29, 2008 	 17 
a 
The West Bengal MuniCipal Corporation Act, 2006. 
' (Part 1.-2-Chapter I.—Preliminary.--Section 2.) 
(5) "Board of Councillors" means the Board of Councillors constituted 
under section 11: 
(6) "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; 
(7) "building" means a structure constructed for whatsoever purpose or of 
whatsoever materials, and includes foundation, plinth, wall, floor, roof, 
chimney, fixed platform, verandah, balcony, cornice, projection or part 
of a building and anything affixed thereto, and any wall (other than 
boundary wall of less than two metres in height on the road side, having 
the solid portion not exceeding 1.5 metres in height) enclosing, or intended 
to enclose, any land, sign or outdoor display structure, but does not 
include a tent, shamiana or tarpauline shelter; 
(8) "building line" means the line up to which the main wall of a building 
abutting on a street or a projected public street may lawfully extend; 
(9) "bustee" means an area containing land, being 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: 
(10) "bye-law" means a bye-law made by the Corporation under this 
Act; 
(11) "cantonment" has the same meaning as in section 3 of the Cantonments 2 of 1924. 
Act, 1924; 
(12) "Cantonment Board" means a Cantonment Board constituted under the 
Cantonments Act, 1924; 
(13) "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 its 
trailor or mechanical power; 
(14) "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 
tricycle, but does not include a perambulator or other form of vehicle 
designed for the conveyance of small children; 
(15) "casual vacancy" means a vacancy, occuring otherwise than by 
efflux of time. in the office of a Councillor or in any other elective 
office; 
(16) "Chairman" means the Chairman elected under section 17; 
(17) "corporate sector" means a financial institution. 
Explanation.—"Financial institution" shall mean— 
(a) a bank, other than a bank to which the provisions of the Banking 5 of 1970. 
Companies (Acquisition and Transfer of Undertakings) Act, 1970 
apply, 
18 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29,' 2008 	 [PART III 
The West Bengal Municipal Corporation Act, 2006. 
(Part I.—Chapter I.—Preliminary.—Section 2.) 
. (b) a financial institution which is not maintained or managed by the 
Central Government or the State Government, 
(c) a private company, or a limited company (being a public company), 
as defined in the Companies Act, 1956, not being a public financial 	 1 or 1956. 
institution-within the meaning of section 4A of that Act, or 
(d) a co-operative society, by whatever name called, registered, or 
deemed to have been registered, under the West Bengal Co- West Ben. Act 
operative Societies Act, 1983; 	 XLV of 1983.  
(18) "Corporation" means a Municipal Corporation, by whatever name called, 
constituted under this Act; 
(19) "Corporation area" means an area constituted as a Corporation area 
under section 6; 
(20) "Councillor", in relation to a Corporation means a person chosen by 
direct election from a ward, of the Corporation; 
(21) "cubical extent", with reference to the measurement of a building, 
means the space contained within the external surfaces of its wall and 
roof and the upper surface of the floor of its lowest or only storey; 
(22) "dairy" includes any farm, cattle-shed, cowhouse, milk-store, milk-shop 
and other place— 
(a) from which milk is supplied on or for sale; or 
(b) in which milk is kept for the purposes of sale, or is 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; 
(23) "dairyman" includes any occupier of a dairy, any cow-keeper who trades 
in milk, any wholesale or retail seller of milk; 
(24) "dangerous disease" means— 
(a) cholera, plague, chicken-pox, tuberculosis, leprosy, enteric fever, 
cerebrospinal meningitis, or diphtheria, or 
(b) any other epidemic, endemic or infectious disease which the 
Commissioner may, by notification, declare to be a dangerous disease 
for the purposes of this Act; 
(25) "depot" means a place where articles are stored, whether for sale or for 
any other purpose but not for domestic consumpt .ion or uip, in quantities 
exceeding two thousand kilograms; 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 2008 	 19 
The West Bengal Municipal Corporation Act, 2006. 
(Part I.—Chapter 1.—Preliminary.—Section 2.) 
(26) "District Planning Committee" means the District Planning Committee 
constituted under sub-section (1) of section 3 of the West Bengal District 
Planning Committee Act, 1994, and includes the Siliguri Sub-Division 
Planning Committee; 
(27) "District Magistrate" means the District Magistrate referred to in sub- 
section (1) of section 20 of the Code of Criminal Procedure, 1973; 	 2 of 1974. 
(28) "domestic building" includes a dwelling house and any other masonry 
building, not being a building of the warehouse class or public building 
as defined in clause (79) or place exclusively used for private worship; 
(29) "Draft Development Plan" means the Draft Development Plan prepared 
under section 333; 
(30) "drain" includes sewer, house-drain, drain of any other description, 
tunnel, culvert, ditch, channel and any other device for canying off 
sewage, offensive matter, polluted water, waste-water, rain water or 
subsoil water; 
(31) "Drug" means any substance used as medicine or in the composition 
or preparation of medicine, whether for internal or for 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. 
(32) "dwelling house" means a masonry building constructed, used or adapted 
to be used wholly or partially for human habitation; 
(33) "edible fat" means ghee or vegitable fat like vahaspati, and includes 
beef fat or suet, mutton fat, goat fat, lard, cocoa butter, and refined sal-
seed fat; 
(34) "edible oil" means coconut oil, cotton-seed oil, ground-nut oil, linseed 
oil, mahua oil, rape-seed oil, olive oil, poppy-seed oil, safflower-seed 
oil, taramira oil, til oil, niger seed oil, soyabeen oil, maize (corn) oil, 
refined vegetable oil, almond oil, water-melon-seed oil, imported rape-
seed oil, palm oil, palmolein, palm-kernel oil, sunflower-seed oil, rice-
bran oil or mustard oil, in pure state, imported sealed oil labelled as such, 
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, or any other oil which 
the State Government may, by notification, declare to be an edible oil 
for the purposes of this Act; 
(35) "entertainment" includes any exhibition, performance, amusement, game, 
and sport to which persons are ordinarily admitted on payment; 
(36) "factory" means a factory as defined in the Factories Act, 1948; 	 63 of 1948. 
(37) "filth" includes offensive matter and sewage; 
(38) "footpath" or "footway" means pavement at the side of road or street 
for pedestrians; 
(39) "goods" includes animals; 
(40) "habitable room" means a room constructed or adapted for human 
habitation; 
West Ben. Act XX of 1994. 
20 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 29, 200 	 [PART III 
The West Bengal Municipal Corporation Act. 2006. 
(Part L—Chapter 1,--Preliminary.—Section 2.) 
(41) "heritage building or site" means any building of one or more premises, 
or any part thereof, or any monument, or any precinct, or any site, which 
requires preservation and conservation for historical, architectural, 
environmental or cultural purpose, and includes such portion of the land 
adjoining such building or any part thereof as may be required for 
fencing or covering or otherwise preserving such building, and also 
includes the areas and buildings requiring preservation and conservation 
for the purpose as aforesaid under sub-clause (ii) of clause (a) of sub-
section (4) of section 31 of the West Bengal Town and Country (Planning 
and Development) Act, 1979; 
(42) "Heritage Conservation Committee" means the Heritage Conservation 
Committee constituted under sub-section (1) of section 402; 
(43) "hill areas" has the same meaning as in the Darjeeling Gorkha 
Autonomous Hill Council Act, 1988; 
(44) "Hill Council" means the Darjeeling Gorkha Autonomous Hill Council 
constituted under the Darjeeling Gorkha Autonomous Hill Council Act, 
1988; 
(45) "holding" means land held under one title or agreement and surrounded 
by one set of boundaries: 
Provided that where two or more adjoining holdings from part and 
parcel of the site or premises of a dwelling-house, manufactory, warehouse 
or place of trade or business, such holding shall be deemed to be one 
holding for the purposes of this Act. 
Explanation.—Holdings separated by a street or other means of 
communication shall be deemed to be adjoining holdings within the 
meaning of this clause; 
(46) "house-drain" means any drain of one or more premises used for the 
drainage of such premises; 
(47) "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 the employees of the Corporation 
or other persons employed in the cleansing thereof or in the removal 
of such matter therefrom, and includes the air space above such passage 
or strip of land; 
(48) "household sector" includes— 
(a) a rural household or urban household. 
Explanation I.—"Rural household" shall mean a household 
within a rural area as defined in the West Bengal District Planning 
Committee Act, 1994. 
Explanation II.—"Urban household" shall mean a household 
within an urban area as defined in the West Bengal District 

Excerpt shown. Open the full act in Lexace.

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