The calcutta municipal corporation act, 1980
West Bengal · state statute
Open in Lexace · Ask the AI about this act West Bengal Act LIX of 1980
THE KOLKATA MUNICIPAL CORPORATION ACT, 1980.
CONTENTS
PART I CHAPTER I Preliminary
Section
1. Short title. application and commencement.
2. Definitions.
PART II
CONSTITUTION AND GOVERNMENT CHAPTER II The Municipal Authorities
3. The municipal authorities.
4. The Corporation.
5. Constitution or the Corporation.
6. Election of Mayor and Chairman.
7. Term of office of Mayor and Chairman.
8. Constitution of the Mayor-in-Caurtcil.
9. Term of office of Deputy Mayor and other members of Mayor-in-Council. 10. Municipal
Accounts Committee.
] 1. Borough Committees.
11A. Ward Committees.
12. Municipal Consultative Committees.
13. Remuneration and facilities of Mayor, Chairman, members of the Maycr-in-Couucil and
members of Committees under this Chapter.
CHAPTER in Organization or the Corporation A. Officers ami other employees of the Corporation
14. Officers of the Corporation.
15. Salary and other conditions of service of Municipal Commissioner and other offleers.
16. Filling of casual vacancies in the posts of officers appointed by the Slate Government.
17. Establishment of the Corporation and schedule of posts.
[Wcsl Ben. Acl
546 The Kolkata Municipal Corporation Act, 1980.
Scction
18. Appointing authorities, '
19. Appointment Lo category A posls, category B posts, category C posts and category D posls.
20. Service Regulations,
21. Control, discipline and conduct of officers and employees.
22. Contribution in respeel of leave allowance, pension or provident fund to employees of Government
or statutory body appointed lo be officers or employees of the Corporation.
23. Age of superannuation of officers and employees of the Corporation.
24. Dispensation of consultation with Stale Public Service Commission or Municipal Service
Commission.
25. Dismissal of officers arid employee;; of die Corporation under certain circumstances.
B. Municipal Service Commission
26. Constitution of Municipal Service Commission.
27. Salaries and allowances of the members of llie Mimicip;d Service Commission and its officers and
other employees lo be paid from Municipal Fund.
C. Municipal Vigilance Authority
27A. Municipal Vigilance Authority.
CHAPTER rv
Powers and functions of the municipal authorities and IIIL- officers of the Corporation.
A. Powers andfunctions nf the Corporation
28. General powers of the Corporation.
29. Obligatory functions of the Corporation.
30. Discretionary functions of ihe Corporation.
31. Power of the Corporation to call for extracts from proceedings, etc.
32. Authentication or orders, etc. of the Corporation,
B. Powers and functions of the Mayor-iii-Couiicil
33. Executive power of Ihe Corporation lo be exercised by Mayor-in-Council.
C. Powers and functions of the Mayor M.
General powers of the Mayor.
35. Mayor lo preside over meetings of the Mayor in-Ctjuncil.
36. Exercise of powers by the Mayor in anticipation of ihe Mayor-in-Council's approval.
37. Powers of the Mayor in emergency.
38. The Deputy Mayor to acl as Mayor or lo discharge his functions during casual vacancies in the
office, or during the absence, of Mayor.
The Kolkaia Municipal Corporation Aci, I9S0. 547
LIX or 1980.1
D- Powers and functions of the Municipal Commissioner
Secliun
39. Powers and functions of Ihe Municipal Commissioner.
40. ^- The Municipal Commissioner to be custodian orrccords.
41. Annual Report of the Corporation.
E. Powers and functions of the Municipal Secretary
42. Powers and functions of (he Municipal Secretary.
F. IVorA'j and Contracts
43. Execution of works.
44. Sanction of estimates.
45. Contracts.
46. Manner of execution of contracts.
G. General
47. Exercise of powers and performance of functions to be subject to .sanction.
48. Delegation of powers and functions.
49. Doubts as to powers or functions of municipal authorities.
CHAPTER V
Election or Councillors
A. Preparation of electoral roll and qualifications of electors and Councillors, etc.
50. Election to Corporation.
51. j
to r (Omitted.)
60. i
61. General disqualifications for being a member of any Committee. 61A. Disqualification for being a
Councillor on change or poliiicul party by the Councillor.
B. Elections
62 1
lo / {Omitted).
78. J
C. Dispute as to validity of election
79. Oaths of allegiance to be taken by Councillors.
80. Power of the State Government in respect or first election.
81. Term of office of Councillors.
82. (Omitted).
83. Casual vacancies.
548 The Kolkata Municipal Corporation Act, 1980.
[West Ben. Act
112.
D. Requisitioning of property for election purposes
Section
84;. 1 to ' (Omitted).
92. '
CHAPTER VI Conduct of Business A. Transaction of Business by the Corporation
93. Nomination of a panel of presiding officers.
94. Meetings.
95. First meeting of the Corporation genera! election.
96. Notice of meeting and list of business.
97. Quorum for transaction of business at a meeting or the Corporation and method of deciding
questions,
98. Presiding officer of a meeting of the Corporation.
99. Presiding officer of a meeting for election of Mayor or Chairman.
100. Maintenance of order at a meeting of the Corporation] and withdrawal and suspension of
Councillors.
101. A member of the Corporation having pecuniary interest in any contract, ctc.
wiLh the Corporation.
102. Disclosure of pecuniary interest.
103. Meeting Lo be ordinarily open lo public.
104. Right of Municipal Commissioner and other officers Lo attend meeting of Corporation and
committees, etc.
105. Right of Councillor Lo ask questions.
106. Discussion on urgent public matters.
107. Asking for statement from Mayor-in-Council.
B. Minutes and proceedings
108. Keeping of minutes and proceedings.
109. Circulation of minutes and inspection of minules and reports or proceedings.
110. Forwarding of minutes and reports of proceedings to SLaLe Government.
111. Rules relating to conduct or business or the Corporation.
C. Validation
Validation or acts and proceedings.
The Kolkaia Municipal Corporal ion Act, 1980. 549
LIX oF 1980.]
CHAPTER VII Control
Section
113. Power of [he Slate Government to call for records, ctc.
114. Power of the Stale Government lo depute officers lo make inspection or examination and report.
115. Power oT the Slate Govern men I lo require the municipal authorities to lake action.
116. Power of the Stale Government to provide for enforcement of order under section 115.
117. Power or the Slate Government lo dissolve the Corporation.
118. Consequences of dissolution.
PART III
Finance
CHAPTER VIII The Municipal Fund
119. Municipal Fgnd. "
120. Water-supply. Sewerage and Drainage Account.
121. Road Development and Maintenance Account.
122. Bustee Services Account.
123. Commercial Projects Account.
123A. Solid Waste Account.
124. Application of Municipal Fund.
125. Expenditure on physical assets outside Kolkaia.
126. Operation or Bank Accounts.
127. Payments not to be made out of Municipal Fund unless covered by a budget granl.
128. Procedure when money not covcred by a budget grant is paid.
129. Temporary payments from the Municipal Fund for works urgently required in the public interest.
130. Investment of surplus moneys.
CHAPTER IX Budget Estimates
131. Annual Budget or the Corporation.
132. Power of the Corporation to alter budget grants.
133. Power of the Corporation to readjust income and expenditure during the year.
77ie Kolkata Municipal Corporation Act, J 980.
[West Ben. Acl
CHAPTER X Loans
Power of the Corporation ID raise loan.
Limil Lo [he power of raising loan.
Power of Ihe Corporal ion Lo open a credit account with a bank.
Power of the Corporation lo raise short-term loans.
Time for repayment of loan.
Manner of repayment of loans. -
Form and effect of debentures.
Payment lo survivors of joint payees,
Receipt by joint holder for interest or dvidend.
Power or Ihe Corporation to consolidate loans.
Priority of payments for interest and repayment of loans over other payments.
Establishment and maintenance of Sinking Funds for loans.
Power to discontinue payment toward Sinking Fund.
Investment of [he amount at the credit of a Sinking Fund,
Power of the Corporation lo reserve a portion of debentures, issued for raising loan. Tor investment.
Discharge or the Corporation from liability under debentures in certain cases.
Application of Sinking Funds.
Annual statement by Municipal Commissioner.
Annual examination of Sinking Funds.
Power of the Corporation to borrow money from ihe Slate Government and attachment or Municipal
Fund for recovery or such money.
Attachment or Municipal Fund for securing payment inio Sinking Fund.
CHAPTER XI Accounts and Audit
Accounts lo be kept.
Audit of accounts by the ChieF Municipal Auditor.
Report by ihe Chief Municipal Auditor.
Procedure lo be followed by Ihe Chief Municipal Auditor.
Power of ihe Chief Municipal Auditor lo make queries, etc. and call for returns, etc.
Appointment and powers of auditors.
Report and information lo be furnished by auditors.
etuic
134
135.
136.
137.
138,
139
140,
141,
142.
143.
144.
145.
146.
147.
148.
149,
150.
151.
152.
153.
154.
155.
156.
157,
158.
159.
160.
161.
The Kolkaia Municipal Corporal ion Act, 1980. 551
LIX of 1980.]
Sec Lion
162. Mayor-in-Council lo remedy defects and report lo ihe Stale Government.
163. Reference of reports lo the Municipal Accounts Commilicc.
164. Powers of the auditors to disallow, surcharge and charge.
] 65. Rights of appeal to a Civil Court or to [he Stale Government.
166. Pay men L of certi fied a mount.
167. Costs payable out of Municipal Fund.
168. Effect of non-payment of certified amount,
169. Power of Hie Slate Government lo make rules.
PART IV TAXATION CHAPTER XII Powers of taxation and properly taxes A. favey of Taxes
170. Taxes to be levied by the Corporation.
B. Property tax on lands and buildings and surcharge
171. Property tax on lands and buildings.
172. Exemption of lands and buildings from property lax.
173. Exemption of diplomatic or consular mission of a foreign slate from payment of any rate, lax or
fee.
173A. Exemption of lands and buildings of ex-servicemen.
C. Determination of Annual Valuation
174. Determination of annual valuation,
175. Annual valuation of land, hut and building comprised in ihika tenancies.
176. Annual valuation of lands or buildings belonging lo various statutory bodies.
177. Determination of annual valualion of building where land is exempted from property tax.
178. Municipal Assessment Code.
D. Assessment
179. Periodic assessment.
180. Revision of assessment,
181. Submission of returns and inspection of lands and buildings for purposes of assessment.
182. Submission of returns Tor purposes of revision in ihe annual valualion or lands and buildings.
The Kolkaia Municipal Corporal ion Act, 1980. 552
[West Ben. Acl
Seciion
I82A. Self-assessment and submission of return.
183. Notice of transfers.
184. Public nolice and inspection of assessment list.
185. Amendment of assessments.
E. Objections
186. Objections against valuation of assessment.
187. Appointment of an officer lo hear objections.
188. Hearing of objections,
189. Appeal before Ihe Municipal Assessment Tribunal.
190. The final valuation.
F. Municipal Assessment Book
191. The Municipal Assessment Book.
192. Amendment of Municipal Assessment Book,
G. Incidence and payment of property tax on lands and buildings
193. Incidcnce of property tax on lands and buildings.
194. Apportionment of liability Tor property (a* on land or building when the premises assessed are lei
or sublet,
195. Recovery of property lax on lands and buildings from occupiers.
196. Payment of properly tax on lands and buildings.
197. Payment of properly tax in case of objection or appeal,
198. {Omitted.)
CHAPTER XIII Professions, trades and callings
199. Certificate of enlistment for profession, trade and calling.
200. 1
and | (Omitted)
201. J
CHAPTER XTV
Tax on advertisements other than advertisements in newspapers
202. Prohibition of advertisements without written permission of the Municipal Commissioner.
203. Licence for use of site for pursose of advertisement.
The Kolkaia Municipal Corporation Aci, I9S0. 553
LIX of 1980.]
Section
204. Tax on advertisements.
205.. Permission of Municipal Commissioner lo become void in certain cases.
206. Licence Tor use of sile for purpose oFadvertisement to become void in certain cases.
207. Presumption in case of contravention.
208. Power of Municipal Commissioner in case oF contravention.
208A. Removal of poster, hoarding, ctc.
209. Fine for not paying lax under section 204.
CHAPTER XIVA Tax on carts and carriages
209A. Tax on carts.
209B. Registration and numbering of carts.
209C. Fresh registration on transfer of ownership.
209D. Effect of non-registration.
209E. Issue of puller's ticket.
209F. Tax an carnages.
CHAPTER XV Other Taxes
210. Toll on roads.
21 OA. Levy of surcharge on transfer or lands.
210B. Levy of spccial conservancy charge,
211. Collection oFHowrah Bridge Tax,
212. Realisation of fee under West Ben. Act XVIII of 1950.
213. Realisation of tax, Fees, cess, etc., under any other law.
CHAPTER XVI
Payment and rccovcry or (axes A. Recovery of taxes by the Corporation
214. Manner oF recovery of taxes under this Act.
215. Time and manner of payment of taxes.
216. Presentation of bill.
217. Notice of demand, notice fee, interest and penalty.
218. {Omitted.)
219. Recovery of lax.
The Kolkaia Municipal Corporation Aci, I9S0. 11
[West Den. Act
Distress.
Disposal of distrained properly.
Allachment and sale of immovable property.
Sale of properly distrained or aliached.
Recovery from a person about to leave Kolkata.
Recovery under Ben. Acl HI of 1913.
Distraint nol unlawful for want of form.
Occupicrs may be required to pay rent ID wards satisfaction or property taxes.
Recovery of property lax on lands and buildings or any oilier lax or charges when owner of land or premises
is unknown or ownership is disputed.
Taxes noL invalid for defect of form.
Power of ihe Municipal Commissioner lo prosecute or serve notice of demand. Cancellation of irrecoverable
dues.
B. Recovery of properly lor by person primarily liable to pay to the Corporation.
Apportionment of properly lax by the person primarily liable to pay.
Mode of recovery.
The property tax on lands and buildings lo be first charge on premises.
PART V CIVIC SKIIVICES
CHAPTER XVII Water
supply A. General
Definitions.
B. Functions in relation to water supply Corporation's duly
to supply waler.
Recovery of fee for supply of water by owner from occupier.
Occupiers of flats or houses of Stale Government and statutory bodies to pay fee forsupply of water.
Power of Corporation to require Lhe owners lo set up pumps etc.
Supply of unfiltered water.
The Kolkaia Municipal Corporation Aci, I9S0. 555
LIX of 1980.]
Section
236. Water-supply lo huts or bustees.
237. β - Water-supply through hydrants, standposls or other conveniences.
238. Supply of water for domestic purposes not to include any supply for certain specified purposes,
239. Power Lo supply water Tor non-domestic purposes,
240. Supply of waier to ships.
241. Supply or water to areas adjacent to Kolkaia.
241 A. Presumption as lo supply of water.
241B. Presumption as lo washing of vehicles.
C. Planning, construction, operation, maintenance and management of water-works
242. Corporation's proprietary rights over sub-soil water resources.
243. Corporation's powers concerning water-works.
244. Municipal Commissioner to manage water-works.
245. Powerofaccess Lo water-works.
246. Inspection of water-works by persons appointed by State Government.
247. Purily of water Tor domestic purposes.
D. Ttibewells
248. Prohibition regarding sinking or Lubewells.
249. Municipal Commissioner's direction to sink tubewell in some cases. β
250. Municipal Commissioner lo maintain a register or lubewells sunk in Kolkata.
E, Water supply mains and connections to premises
25 ], Power to lay mains.
252. Power lo lay service mains, etc.
253. Provision of fire hydrants.
254. Power lo Municipal Commissioner to allow connections or premises lo service mains.
255. Power lo require separate supply^pipes,
256. Stopcocks.
257. Water pipes etc., not lo be placed where water will be polluted.
258. Supply pipes lo be kept in efficient repair.
259. Vesting of connections to premises in the Corporation.
260. Municipal water supply, sewerage and drainage code.
[West Ben. Acl
The Kolkata Municipal Corporation Act, 1980.
F. Waicr-Mc! ers
Power of Corporal inn lo establish blockmcters.
Power of Municipal Commissioner lo provide meters.
Presumption as lo correctness of meiers.
Prohibition of fraud in resptci of meters.
Payment for supply of waler as recorded by meiers.
Exemption from payment of fee for supply of water.
Determination of size of fenulu.
Fee for supply of water on the basis of previous annual valuation.
(t. General powers regarding water supply and its use\
New premises not to be occupied without arrangement for water supply.
Power to require water supply io be taken.
Power lo close or restrict use of water from polluted sources of supply.
Power to require filling up or wells.
Power of Corporation lo require owners of premises ta set up pumps, elc.
Water supplied for domcslic purposes nono be used for non-domestic purposes.
Use of unfiltered water.
Prohibition or waste or misuse of waler.
Power lo enter premises to detect waste or misuse or waler.
Power to Municipal Commissioner lo cut off or turn off supply of waler to premise*.. Joint and
several liability of owners and occupiers for offence in relation to water supply.
CHAPTER XVIII
Drainage and Sewerage A. Functions in relation to Drainage and Sewerage
Corporation to provide drainage, sewerage and outfall.
Provision of means for disposal of sewage.
Appointment of places for the emplying of drains and disposal of sewage.
B. Proprietary rights of the Corporation in respect of drains and sewnge disposal works.
Public drains and sewage disposal works to vest in the Corporation.
Corporation's power lo make over loor LO lake over from a statutory body Ihe drain age and
sewerage scrviccs.
Conlrol of riming nnr) "ipivim-
β edit
261
262
263
264
265.
65 A
65B,
65C
266.
267.
268,
269.
270.
271.
272.
273,
274.
275,
276.
277.
278.
279.
280,
281.
282.
The Kolkaia Municipal Corporation Aci, I9S0. 557
LEX or 1980.]
C. Municipal Drains
Section
283. Power for making drains.
284. Alteration and discontinuance or drains.
285. Communication of municipal drains with drains, lakes, etc., beyond Kolkata.
286. Communication of drain under control of local authority beyond Kolkata with municipal drain.
287. Cleansing drains.
D. Drains of private streets and drainage of premises
288. Power lo conncct drain of private street with municipal drain.
289. Right oF owner or occupier of premises to drain into municipal drain.
290. Connections with municipal drains nol to be made except in conformity with scction 289.
291. Premises deemed to be without effectual drainage.
292. Power ofMunicipal Commissioner to require sewage and rain water drains lo be distinct.
293. New premises not to be erected without drains.
294. Power of Municipal Commissioner to enforce drainage of undrained premises.
295. Compulsory connections of house-drains with each other.
296. Power oF Municipal Commissioner to drain premises in combination.
297. Power oFMuncipal Commissioner to close or limit the use of house-drain in certain cases.
298. Power or Municipal Commissioner to require owner to carry out certain works for satisfactory
drainage.
299. Power of Municipal Commissioner lo require occupier lo carry oul work,
300. Drains For huts.
301. Special provisions relating lo trade effluent. _
302. Special provisions regarding drainage of trade effluents.
303. Certain matters not lo be passed into municipal drains.
304. Power of Municipal Commissioner lo affix shafts, etc., or ventilation of drain or cesspool.
305. Obligation of owners of drains to allow use or joint ownership to others.
306. Use of drain by a person other than the owner.
307. Power of the Municipal Commissioner to levy fees for drainage and sewerage service.
E. Position of cesspools and other filth receptacles
308. Position o f ccsspool.
309. No filth receptacle to be situated within fifteen meires of tank, well, water-course or reservoir.
310. Construction of senlic tanks and sitnitarv orivies and urinals in ttnscwered areas.
558 The Kolkata Municipal Corporation Act, 1980.
[West Ben. Act
Section
CHAPTER XIX
; General powers in relation lo water-supply, drainage and sewerage
311. Right of owner of premises to place pipes and drains through land belonging to other persons.
312. Rights of user of properly For aqucducls, lines, elc.
313. Municipal Commissioner not to sanction building plan unless plan relating to waler-supply etc. is in
conformity with rules and regulations.
314. Power of inspection and examination.
315. Power of Municipal Commissioner to require repairs, etc., to be made.
316. Power of Municipal Commissioner lo execute work after giving notice to the person liable.
317. Prohibition for any construction over the water-mains, municipal drains, elc. 31S. Prohibition
of certain acts.
319. Maps of underground water-mains, supply pipes, drains, elc.
320. Work lo be done by licensed plumber.
321. Rules as to drainage, sewerage, cesspools, privies and urinals.
CHAPTER XX Solid Wastes A. Functions in relation to solid wastes
322. Collection, removal and disposal of solid wasles.
323. Provision for receptacles, depots and places for temporary deposit.
324. Provision of vehicles or other suitable means for removal of solid wastes.
325. Appointment of places for disposal and final disposal of solid wastes.
326. Solid wastes to be ihe property of the Corporation.
327. Provision of means for processing of solid wastes. ,
328. Solid wastes may be used for land filling.
329. Solid waste management.
330. Municipal Commissioner lo provide for cleansing of streets and removal or solid wastes.
331. Special sanitary arrangements at certain places.
B. Collection and removal of solid wasles
332. Duties of owners and occupiers lo collect and deposit rubbish, elc.
333. Removal of solid wastes accumulated on non-residential premises.
334. Temporary deposit of rubbish, elc., in btatees and removal thereof,
335. Collection and removal of filth and polluted mailer.
The Kolkaia Municipal Corporation Aci, I9S0. 559
LIX OR 1980.]
C. General provisions in relation to solid wastes
Section
336. '- Prohibition againsi deposil or solid wasies.
337. Presumption as Lo offender.
338. Depositing or throwing any solid waste in contravention of the provisions of this Act.
339. Municipal Commissioner's power to get placcs scavenged and cleansed.
340. Municipal Commissioner not to sanction building plan in certain eases cxccpt in conformity
with regulations for solid wastes.
34 L. Power lo inspcci premises for sanitary purposes.
342. Notice to be given by methor, etc., before withdrawing from work.
CHAPTER XXA Fire
prevention and fire safety 342A. Arrangement for fire prevention
and Tire safety.
PART VI
TOWN PLANNING, LAND AND LANN USK CONTROLS CHAPTER XXI Streets and public places A. Public streets, etc
343. Vesting of public streets, squares, parks and gardens in the Corporation.
344. Functions of the Municipal Commissioner in respeel of public streets, cic.
345. Municipal Si reels Technical Committee.
346. Classification of public streets.
347. Compulsory provision of footpaths.
348. Rights of way for underground utilities,
349. Maps of underground utilities.
350. Power Lo make new public streets.
351. Minimum width of new public streets,
352. Power to acquire lands and buildings for public streets and for public parking places.
353. Permanent closure oF public slreel, park, square or garden and disposal of land.
354. Temporary closure of public slreet.
355. Closure of public slreel for parking purposes.
356. Power lo prohibit use of public streets for certain kind of traffic.
The Kolkaia Municipal Corporal ion Act, 1980. 560
[West Ben. Act
Section
B. Regular line of street
357. Defining regular line of a street,
358. Selling back building to regular line of sircel,
359. Compulsory selling back of building lo regular line or sircel,
360. Selling forward of building lo regular line or sireel.
361. Acquisition of open land and land occupied by platforms, cic., within ihe regular line or sireel.
362. Acquisition of remaining part of building and land arterlheirporiions within Ihe regularline of sireel
have been acquired.
363. Compensation to be paid,
C. Private streets
364. Owner's obligation to make a street when dealing wilh land as building site.
365. Layout plans.
366. Alteration or demolition of sireel made in breach of section 365.
367. Levelling and draining of private streets. .
368. Righl or owners to require streets to be declared public.
D. Encroachments on streets
369. Prohibition or projections upon streets, eic.
370. Ground floor doors, etc., not to open outwards on streets.
371. Prohibition of structures or fixtures which cause obstruction in streets.
372. Power to remove anything erected, deposited or hawked in contravention of this Act.
373. Power to require removal of any structure or fixture crecled or set up before the coming into Torec or
section 371.
374. Prohibition of tethering or animals and milking or cattle.
375. Temporary erections on slreels during festivals.
E. Provisions concerning executing of work in or near streets
376. Precautions during repair of slrccls.
377. Streets not lo be opened or broken up and building materials not lo be deposited ihereon without
permission.
378. Precautions Tor public surety to be laken by persons to whom permission is granted under section
377.
379. Persons to whom permission is gmnled must reinstate sireel, etc.
380. Municipal Commissioner may close sireel in which work is in progress.
The Kolkaia Municipal Corporation Aci, I9S0. 561
LIX of 1980.]
Section
381. Municipal Commissioner to provide for traffic, etc., pending execution of work in any street.
382. Provisions to be made by persons lo whom permission is granted for traffic, etc., when Iheir
works interrupt streets.
383. Disposal of things removed under this Chapter.
F. Naming and numbering of streets and numbering of buildings
384. Advisory Committee for naming of streeLs, etc.
385. Naming and numbering of streets.
G. Repair of enclosure of dangerous places
386. Municipal Commissioner to lake sieps for repairing or enclosing dangerous places.
H. Lighting of streets
387. Measures for lighting.
388. Prohibition for removal, etc. of lamps.
389. Power lo lake measures Tor generation of electricity.
CHAPTER XXII
Buildings A. Procedure
390. Definitions.
391. Municipal Building Committee.
392. Prohibition of building without sanction.
393. Erection of building.
394. Applications for addition to or repairs of buildings.
395. Purpose for which building lo be used and conditions or validity of nolice.
396. Sanction or provisional sanction or refusal of building or work.
397. Sanction or provisional sanction accorded under mis-representation.
398. When building or work may be proceeded with.
398A, Bar lo construction of building in certain cases for a limited period.
399. Period for completion of building or work.
400. Order of demolition and stoppage or buildings and works in certain cases and appeal.
401. Order of stoppage of buildings or works in ccrtain cases.
401 A. Construction of building in contravention of ihe provisions of the Act or the rules made Ihe re
under.
402. Power of Municipal Commissioner to require alteration of work,
403. Completion certificates.
The Kolkaia Municipal Corporation Aci, I9S0. 19
[West Ben. Act
B. General Powers
Municipal Building Code.
Buildiugs at corners of streets.
Provisions as lo buildings and works on either side of new streets or near fly-overs or transportation
terminals.
Provisions against use of inflammable materials for building, etc., without permission.
Power lo regulate future construction of buildings in particular streets or localities.
Power lo stop excavation.
Power to require alteration of existing building.
Power to order removal of dangerous buildings.
Power lo order building to be vacated in certain circumstances.
Inspection or buildings.
Regularizalion of buildings in certain cases.
C. Liceiised Bailding A rchilccts
Engagement of technical person.
D. Municipal Bit tiding Tribnctl
Municipal Building Tribunal.
CHAPTER XXHI
Regulation of Building Uses
Prohibition on change of use of building.
Power lo prevent use of premises in particular areas.
Hospital, nursing home, clinic, etc., not to be established without permission.
Factory, etc., not to be established without permission.
Warehouses, godowns, goods trasportbusiness,ctc β not lobe established wiihoutpermission. Eating
houses, etc., not to be established without permission.
Theatres, circuses, exhibitions, and places of public amusement not to be established without
permission.
Permission in case of markcls, shops, etc., along certain traffic corridors.
Permission in case of other non-residential uses or premises.
Conditions for grant of permission.
lecjic
404
405
406
407
408.
409
410
411
412,
413.
13 A
414,
415
416.
417.
4IS,
419,
420.
421.
422,
423.
424.
425.
The Kolkaia Municipal Corporation Aci, I9S0. 563
LIX of 1980.1
CHAPTER XXiriA
Preservation and Conservation of Heritage Buildings
Section ,
425A. Owner to maintain, preserve and conserve heritage building. .
425B. Power of Corporation to declare a building as a heritage building.
425C. Gradation or heritage building.
425D. Heritage Conservation Committee.
425E. Powers and functions of Heritage Conservation Committee.
425F, Power of Corporation to require, purchase or take on lease heritage building. 425G.
Transfer of right of development for the purpose of acquisition by agreement. 425H. Right of
acccss to heritage building acquired by Corporation.
4251. Sub-lease of heritage building.
425J. Permission of concerned department of State Government before acquisition of heritage building.
425K. Power to exempt rales and taxes, ctc. an heritage building.
425L. Agreement with owner of heritage building pending acquisition.
425M, Voluntary contribution andagreement with any voluntary organisation, person orcompany. 425N.
Taking over management and control of heritage building.
4250. When heritage building ceases to be heritage building.
425P. Penalty.
CHAPTER XXIV Markets and Slaughter-houses
426. Provision of municipal markets and slaughter-houses.
427. Use of municipal markets.
42S. Private markets und shaughter-houses.
429. Prohibition of business and trade near a market,
430. Levy of stallage, rent and fee.
431. Stallage, rent, etc. io be published.
432. Power to expel person contravening regulations.
433. Depot for sale of essential commodities.
434. Power Lo inspect places where unlawful slaughter of animals, etc, is suspected.
The Kolkaia Municipal Corporal ion Act, 1980. 564
[West Ben. Acl
CHAPTER XXV
Municipal Licences
Section
435. Premises not to be used for non-residential purpose without municipal licence.
436. Municipal licence for private markets.
437. Prohibition of keeping market open without licence, etc,
438. Prohibition of use of unlicenced markets.
439. Municipal licence for hawking articles, etc.
440. Municipal licence for sale or flesh, fish or poultry.
441. Power lo stop use of premises used in contravention of licences.
General Powers
442. Power to call for returns on lands or buildings.
443. Power to sei^e food or drug, etc.
CHAPTER XXVI
Bus tees -
444. Power of Corporation to define and to alter limit of bustee.
445. Improvement schemes.
446. Acquisition of the right of user.
447. Work to be executed in a bustee.
448. Erred of vesting of right of user.
449. Compensation for vesting.
450. Survey of btisices, and preparation of record-or-rights etc., by Corporation. 450A. Standard
layout plan Tor development of bustee.
450B. Demolition and removal or building not inconrormity with standard layout plan in bustee.
450C. Sanction of plan Tor permanent construction in bus lee.
PART VII
COMMUNITY HEALTH
CHAPTER XXVII
Vital Statistics
451. Officer-in-charge and other officers for registration of births and deaths occuring in Kolkata.
452. Dulies of Ihe Registrar for registration of births and deaths.
The Knikata Municipal Corporal ion Act, 1980. 565
LIX of 1980.]
Section
453. Registers lo be maintained.
454. ' Registration of name of child or of alteration ol~ name.
455. Correction of errors in registers of births or deaths.
456. Information of birlhs.
457. Information respecting finding of new-born child.
458. Information regarding deaths.
459. Medical practitioner lo certify cause or death.
460. Duties of police in regard to unclaimed corpses.
461. Sextons, etc.. not lo bury, etc., corpse.
CHAPTER XXVIII
Disposal of Ihe Dead
462. Registration of places for disposal of ihe dead.
463. Provision for and registration or new ptaccs for disposal of the dead.
464. Permission for opening new place for disposal or the dead or reopening of place.
465. Power lo require closing of burning and burial grounds.
466. Power to direct reopening of any place closed for the disposal of the dead.
467. Prohibitions regarding burials within places of worship and exhumation.
468. Acts prohibited in connection with disposal of dead.
469. Disposal of dead animals.
CHAPTER XXIX
Restraint of Infection
470. Corporation to lake measures for prevention and checking of dangerous diseases.
471. Obligation to give information of dangerous disease.
472. Power of Municipal Commissioner to inspect a placc and take measures lo prevent spread of
dangerous disease.
473. Power or Municipal Commissioner to remove palieul to hospital in certain cases,
474. Power nf Municipal Commissioner to disinfect building, tank, pool or well.
475. Power of Municipal Commissioner to destroy infectious huts or sheds,
476. Power of Municipal Commissioner to close lodging and eating houses,
477. Power of Municipal Commissioner Lo restrict or prohibit sale or food or drink.
478. Control over wells and tanks, elc,
The Kolkaia Municipal Corporal ion Act, 1980. 566
479. Special measures in case or ouL-brcak of dangerous or epidemic diseases.
567 The Kolkata Municipal Corporation Act, 1980.
[West Ben. Act
SccLion
480.
481.
482.
483.
484.
485.
486.
487.
488.
489.
490.
491.
492.
493.
494.
495.
496.
497.
498.
499.
500.
501.
502.
503.
504.
505.
Disposal of infectious corpses.
Means for disinfection,
Special conveyance for carrying of infected persons.
Contamination and disinfection of public conveyance.
Driver of conveyance not bound to carry persons suffering from dangerous disease. Infccted
building not to be let without being first disinfected.
Disposal of infected orticlcs without disinfcciion.
Infccted clothes not lo be seni lo washerman or laundry.
Prohibition of making or selling of food, etc., or washing of clothes by infected persons. Duly of
persons suffering from dangerous disease.
CHAPTER XXX
Environmental Sanitation and Public Safety
A. Duties and General Powers
Duties of Corporation in relation to environmental sanitation.
Power lo inspect premises for sanitary purposes.
Power lo require cleansing and lime washing of building to be done.
Power lo require improvement or insanitary huvs and sheds.
Power lo require cleansing of untenanted premises.
Power to prohibit use of buildings or rooms in buildings unfit for human habitation.
Power Lo direci the filling up, elc., of unwholesome wells, pool, etc.
Power lo regulate excavations.
Power to require trees, hedges, elc. Lo be trimmed.
B. Regulation of Public Bathing, Washing, etc
Regulation of use of places Tor public bathing, elc.
Prohibition of bathing, etc., contrary lo order.
Prohibition of corruption of wuier by sleeping therein animal or oLher matter, etc. Prohibition of
corruption of water by chemicals, elc.
Prohibition against washing by washermen.
C, Public Conveniences and Latrines and Urinals
Public latrines, urinals, elc.
Conslruclion of latrines and urinals.
The Kolkaia Municipal Corporation Aci, I9S0. 568
LIX of 1980.]
Scclion
506, Lairilies and urinals, cic., iri new buildings.
507. Latrines and urinals for labourers, elc,
508. Provision of latrines and urinals for markets, elc,
509, Other provisions as lo private latrines.
D. Ccn era! Provisions
510. Prevention of adulteration of food, drugs and cosmetics.
511. Municipal Commissioner to provide for inspection of animals, etc., exposed for sale.
512. Control of pollution.
E. Prevention of Fire
513. Stacking or collecting inflammable materials.
514. Care or naked lights,
515. Discharging fire-works, fire-arms, elc.
F. Nuisances
5 J 6. Prohibition of nuisances.
517, Power Lo require removal or abatement of nuisance. " 517A. Power lo remove
nuisance.
518. Power to require buildings, wells, etc., to be rendered safe.
CHAPTER XXXI
Animals and Birds
519. Premises nut to be used for keeping animals, birds, etc.. without licence.
520. Seizure of certain animals or birds.
52]. Registration and control of dogs.
522. Power lo destroy dogs or animals.
523. Power lo stop nuisanccs front animals.
CHAPTER XXXII
Improvement
524. Removal or congested buildings.
525. Power to require improvement of buildings unfit for human habitation.
526. Enforcement or notice requiring execution or works of improvements.
527. Power Lo order demolition of buildings unfit Tor human habitation.
528. Improvement scheme.
529. Matters Lo be provided in an improvement scheme.
530. Submission of improvement scheme to (he Corporation Tor approval and to ihe State
Government Tor sanction.
[West Ben, Act
569 The Kolkaia Municipal Corporation Act, I9S0.
Section
531. Re-housing schcmc.
532. Improvement scheme and re-housing schcme lo comply wicli the master plan and zonal β u
development plan.
533. Power lo acquire land mid building Tor improvement.
534. Execution of an improvement scheme,
PART VIII
PltOPEItTIES OK TI1E COKFORATtON
CHAPTER XXXIII Acquisition and Disposal of Property
535. Acquisition of property.
536. Acquisition of immovable property by agreement.
537. Procedure when immovable properly cannot be acquired by agreement.
538. Power lo hire or take on lease immovMblc property.
539. Disposal of property.
540. Inventory of Ihe properties of the Corporation.
CHAPTER XXXIV Commercial Projects
541. Power to undertake commercial projects.
542. Mailers to be provided for by schemes for commercial projects.
PART IX
PoWKHS, PHOCnitUKES, OKI-ENCES AM) PENALTIES CHAPTER XXXV Procedure A. Licences and
written permissions
543. Signature, conditions, duration, suspension, revocation, etc., of liccnces and written permissions.
B. Entry and inspection
544. Powers of entry and inspection.
545. Power Lo enter land, adjoining land in relation to any work.
546. Breaking into building.
547. Time of making entry.
548. Consent ordinarily lo be obtained,
54P. Regard Lo be had to social or religious usages.
550. Prohibition of obstruction or molestaLion in excuiion of work.
570 The Kolkata Municipal Corporation Act, 1980.
[West Ben. Act
573.
LIX of 1980.]
C. Public notices and advertisements
Seciion
551. Public nolices how to be made known.
552. Newspapers in which advertisements or noticcs to be published.
I). Evidence
553. Proof of consent, etc. of Mayor-in-Cotmcil, Municipal Commissioner or any oilier officer of ihe
Corporation.
I I , N o t i c e s , e t c .
554. Nolices. cic. to fix reasonable lime.
555. Signature on notices, etc., may be stamped.
556. Nolices, clc., by whom to be served or issued,
557. Service or notices, ctc.
F. Enforcement of orders to execute work, etc.
558. Time for complying with requisition or order, and power of Municipal Commissioner lo enforcc
requisition or order in default.
559. Submission of objections lo comply wiih noticc.
G. Recovery of expenses
560. Power of Corporation lo enter into agreement Tor payment of expenses in instalments.
561. Power of corporation lo dcelare certain expenses lo be improvement expenses.
562. Improvement expenses, how recoverable and by whom payable.
563. Recovery of improvement expenses paid by occupier.
564. Right of owner or occupier lo redeem charge for improvement expenses.
565. Execution of work by occupier on Ihe failure of owner.
566. Relief to receivers, agents and trustees.
H. Payment of Compensation
567. General power of Corporation to pay compensation.
568. Compensation to be paid for damage to properly of Corporation.
7. Recovery of expenses or compensation in case of dispute
569. Reference by Corporation to Couri of Small Causes or lo High Courl in ecrtain cases of recovery of
expenses.
570. Application to Court of Small Causes or lo High Court in certain cases of paymeni of expenses or
compensation.
571. Recovery of expenses or compensation determined under seciion 570.
572. Recovery of expenses or compensation by suit in Court.
/. Recovery of certain dues
Recovery of cerlain dues of Corporal ion.
77if Kolkata Municipal Corporation Act, 19HO. 571
K. Obstruction to owner by occupier
Section
574, Application lo Court of Smnll Causes by owner when occupier prcvcnLs from complying with Aci, etc.
L. Proceedings before the Court of Small Causes
515. Procedure in Court of Small Causes.
576. Fees in proceedings before Small Causes Courts,
577. Repayment of half or fees on settlement before hearing.
578. Territorial jurisdiction of Courts of Small Causes.
M. Magirtrates and proceeding before Magistrates
579. Municipal Magistrates.
580. Cognizance of offences,
581. Power of Municipal Magistrate Lo hear cases in abscnce of accused summoned Lo appear.
582. Limitation of time for prosecution,
583. Complaint regarding nuisances and procedure therefor.
584. Power of Municipal Magistrate to direct payment of fine and demolition of unlawful work. "
<V. Legal proceedings
585. Power lo institute, etc., legal proceedings and oblain legal ndvice.
586. Notice, limitation and tender of amends in suits against ihe Corporation, etc.
587. Indemnity.
O. Powers and dutice of Police-Officers
588. Co-operation of the police.
589- Power of police to arrest offenders.
P. General Provisions
590. Validity of notices nnd other documents.
591. Admissibilily of document or entry as evidence.
592. Evidence of officer or employee of the Corporation.
593. Prohibition against obstruction of Mayor or any municipal authority, etc,
594. Prohibition against removal of mark.
595. Prohibition against removal or obliteration ornotice.
596. Prohibilion against unauihorised dealings with public place or materials.
597. Liability of Municipal Commissioner, ctc. for loss, waste or misapplication of Municipal Fund or
Properly,
598. Councillors and officers and other employees of Hie Corporation lo be public servants.
599. Other laws not to be disregarded.
LIX of 1980.1 The Kolkata Municipal Corporation Acl. I9S0. 572
CHAPTER XXXVI Rules and Regulations
Section
600. Power lo make rules.
601. Power to amend Schedule.
602. Power to make regulations,
603. Condition precedent to the making of regulations.
604. Regulations to be subject to approval or Stale Government.
605. Power oI" State Government io cancel or modify regulations.
606. Supplemental provisions respecting regulations.
607. Penalty for breaches of regulation.
608. Rules and regulations to be available for inspection and purchase.
609. Doubts as lo powers, duties or functions of municipal authorities.
CHAPTER XXXVII Offcnccs and penalties
610. Punishment for ccriain offences.
611. Punishment Tor acquiring share or interest in contract, clc., wilh the Corporation,
612. Fine for not paying tax under Chapter XII or Chapter XIV.
613. Fine Tor pulling buildiug lo any use other than thai for which a licence has been granied.
614. Penally for obstructing coniraclor.
615. Penally for causing damage lo property belonging lo Corporation.
616. Penally on methors, elc. withdrawing from work wilhoul notice.
617. Punishment of imprisonment in default of payment of fine,
6Excerpt shown. Open the full act in Lexace.
Lex