The howrah improvement act, 1956
West Bengal · state statute
Open in Lexace · Ask the AI about this act0
West Bengal Act XN of 1956
TW HOWRAH IMPROVEMENT ACT, 1956.
CONTENTS.
CWR I.
Preliminary.
Sccrion.
1. Shon title, commcnccment and cxrcnt.
2. Dcfinilions.
CHAPTER II.
Thc Doard of Trustees.
Corrsrirrrriotr of tire Board.
3. Crcarion and Incorporauon of Board.
4. Consli~ulion of ~hc Board.
4A. (Otsitted. )
5. Disqualificalions for being appointed or elccled a Truslee.
6. Appoinuncnr of Chairman of thc Board.
7. Rerrmnera~ion of Chairmm.
8. Tcmporaly appointment OF a salaried officer as Chairman of the Board.
9. Leavc of abscncc or deputation of ~hc Chairman. -
10. Appointmenr, elc.. of acung Chairman.
I I. Leave of absence of other Truslees.
12. Removal of Chairman or Trustees.
13. Filling of casual vacancies in certain cases.
14. Term or officc of Truslces.
15. Mecting of Board.
16. Temporary asscciatian of members wilh the Board for particular purposes.
17. Consri~ution and funclions of Cornmiltee.
18. Mccting of Comrniltezs.
19. Fces Tor attendance at meetings.
20. Trusrces and associated members oi Board or any Committee not to rake part in proceedings
in which rhcy are personally inreresrzd.
20A. Powcr of Board to exrcutc ccnin works ar to render ceFlain services.
2 1. Power to rnakc and perform contracts.
32. Execution or contrads and approval of cstimatcs.
23. Further provisions as to execution of contracts md provision as to scal of Board.
24. Tenders.
25. Security for pcrrormnnce of conmact.
26. Supply of documents and informaion to he Srare Government.
Tlre Howmh Inlproverrreflr Act, 1956.
[Wcst Den. Act
2'1. Staremcnt ol strength and rcmuncration of st&.
28. Board to make rules.
29. Powcrs of appoinrmenl. etc.. in whom vested.
30. Sanction of Slate Govcrnnlent rcquired to cenain statemcnts, rules and orders.
3 1. Conlrol by Chairman.
32. Delegation of certain powers, durics and iu~ictions of thc Chairman.
Improvement Schemes.
33. Improvcmcnt schemes.
34. Maltcrs to be considcrcd when framing improvemenl schemes.
35. Mnlrcrs to be provided Tor in improvemen1 schemes.
36. Duly of Municipality lo prevcnl misuse of rescivcd areas.
37. Whcn gcncral improvcmcnl scheme may be framcd.
35. Authoriry for making an oificial represenr;l!ion for a gcneral improvemenl schcmc.
39. Considerarion or official represcn~alions.
40. Wllen streel schcmc may be frarncd.
i
4 l. Wid~h of slreers. I
42. Scheme for the improvcmcnt 01 insanitary brrstee area. I I 13. Re-housing pcrsons displaced by inlprovemenl schcmc.
44. Housing accommodalion scllcmc. I I 45. Prepamuon, publicarion and uansmission of nouce as la improvement scheme, and supply I
of docuinents to applicanu.
46. Transmission to Board of reprcsen~ation by Municipality or olher Iocal Au thorily.
47. Scrvice of noricc as to proposed acquisition of land or recovcry of betterment fee.
48. Furnishing of copy of, or extracls from, Ihe municipal assessmenr-book.
$9. Abandonment of irnprovemenr scheme, or npplicalion to Stale Governmcnr to sanction il.
50. Powcr to sancrion or rejecl improvement schemc.
5 1. Nuiificarions of sanciion to jrnprovcmcnt scheme.
52. Alleralion of jmprnvcment scheme afier sanclion.
53. Combinarion of improvement schemes.
54. Transfer lo Board for purposes of improvemenl schcme, of builiding or land vcsrcd in he
Commissioners of Municipality.
55. Lands acquircd for drainage schemc 10 vest in he Board.
56. Provisions of drain or walenvork lo rcpjacc another siluated on land vested in he Board
under section 54.
57. Bar lo applicarion of cemin secuon of the Calculta Municipal Acr. 1923, to sweets vested 1
in rhc Bonrd.
58. Repair and watering of streets ves~ed in Ihc Board.
59. Guarding and lighling whcn weel vested in he Board is opened or broken up or when i
slrrcl is under conslrucuon and speedy cornpIction of work.
Tlie Howrali hrrprovenrerir Acr, 1956. 713
Section.
60. Prevention of restriclion of Lralfic in sireel vestcd in Ihe Board during progress of work.
,. .
, ,.
6 1. Provision of facililics whcn work is cxccuted by Board in public sueel vested in them.
62. Powcr to Bo,d lo lurn or closc public sucer or square vcsrcd in thcm.
63. Projected public srreet and parks.
64. Board may makc plans for future cx~ension of sewage disposal sire.
65.. Vesting in Commissioners of Hownh Municipality of-streels laid out or altered, and open
spnces providcd, by rhc Board under an irnprovcment scheme.
66. Applicauo~l of scclion 65 lo othcr Municipalities.
CHAPTER IV.
. .
.. . Acquisition and disposal of land. . .
Acqrrisiriorr by agreetset~r at~d cot~ipulsory ocqrrisitioa
67. Powcr lo purchase or lcase by agrccmcnt and to acquire land under the Land Acquisition
Acl, 1894.
68. Power of Board to acquire land for fulurc improvcmcnr schcme.
69. Tribunal lo be constituted.
70. Modificarion of the Land Acquisirion Act, 1894.
I
7 1. Cons~itution of Tribunal. 1
72. Ramunem~ion of mcmbcrs of Tribunal.
73. Officers and servanrs of Tribunal.
73. Pitymenls by Board on accounl orTribuna1.
75. Power to make rules Cor Tribunal.
76. Award of Tribunal how ro be dercrmincd.
77. Appcal.
78. Stale Govcrnmc~ll may appoinr the Tribunal for Calculta lo bc thc Tribunal for Howrah.
79. Abandonment of acquisition in considerarion of spccial payment.
Bertenrle~zr fee.
SO. Payrneni of bcuern~enr fee.
8 1. Assessmenr of be~rcrment fee by Board.
82. Settlen~ent of berlcrmcnt Fee by arbitrators.
83. Fecs for arbi~ators.
84. Proceedings of arbi~rators.
85. Board to give notice to persons liablc 10 payment of beuermenr fees.
86. Agrecrnenl to inakc payment of beltermenl fcc a charge on land.
Recovev of special puyitrerrrs orrd berrerrrrent fees.
87. Recovery of moncy payable in pursuance of sccrions 79,Sl. 82, or 86.
88. Board to appojnl persons for enforccmcnt 01 processes for recovcry or dues.
[Wet Ben. Act
Scc~iou.
Acqrrisition 011 fresh declaration.
4
39. Agreemcnl or pqmcnl no1 to bar acquisilion under a fresh declaration.
Disposal 01 land.
90. Powcr to dispose of land.
91. Calculla Tlzika Tenancy Act, 1949, and West Bcngal Non-Agriculluml Tenancy Act, 1949,
nol to apply.
CHAPTER V
Taxation.
92. Duly on cerlain transfers of immavablc prapcrly.
93. Par~iculars to bc sct forlh in documents making uansfcr of propeny.
94. Dislribuuon of cusloms duty on exports of jure.
95. Powcr ro Slarc Govcrnmcnt 10 mnkc mlcs.
95A. Powcr to Starc Govcrnmcnt to issuc direction.
CHAFER VI.
Finance.
96. (Orjrirred.)
97. State Governn~enr to pay lo the Board a share of he net proceeds of he lerrrtinal taxes
assigned to it.
Loarrs.
98. Power of Board to borrow money.
99. Loans from Banks.
100. Diversion of borrowcd moncy lo purposcs othcr than those first approved.
10 1. Form, signature, exchange, Lranskr and cfrccl or dcbcnwres.
102. Signature of coupons attached 10 dcbcnlurcs.
103. Paymcnrs to survivnrj of joint payers.
104. Receip~ by joint holdcr for intcrcsl or dividend.
105. Priorily of payments for interest and repayment of loans.
106. Rcpaymcnt of loans taken under section 98.
107. Establishmcni and n~aintcnance of sinking funds.
108. Power to discon~inuc paymenb into sinking funds.
109. Investmenr of sinking runds.
7lc Howrah Inrprove~nerlr Act,-1956.
XIV of 1956.1
1 10. Application or sinking runds.
1 1 1. ,Annual ssratcmcnrs by uuslccs.
112. Annual examination of sinking iunds.
1 13. Proccdurc if Board fail to make any pa$ncnt or invcsrment in respect of loans.
1 14. (Olllirred)
1 15. Paymcnls undcr sccdon 1 13 to be a charge on the property of rhc Board.
116. Procedure if Board fails to rcpay loans obtained from the State Govcrnmcn~.
1 17. Estimarcs oT income and expendilute to be laid annuaIly bcforc thc Board.
1 18. Sanclion of Board lo cslimalcs.
1 19. Approval of S~are Government to estimalcs.
120. Transmission or copy of es~irnnte to Chairman of Howrah Municipality.
12 1. Special provisions as lo the first cslimate aner the conslimlion of thc Board.
122. Supplementary cslirnalcs.
123. Adherence ro estimare, and maintenance of closing balance.
124. Rccciprs or moneys, and deposit to S~ale Bank of India.
125. Invcs~mcn~ of surplus money.
126. Paymenu by cheque.
127. Signalum of orders under section 125 and chequc.
128. Duly of Chairman and others before signing cheque.
129. Accounts of receipts and disburserncnls how to be kept.
130. Defini [ion of "cast of managemenl".
1 3 1. Keeping of capital account and revenue accounL.
132. Crcdits to capital account.
1 33. Application of capital account.
134. Credits to revenue account.
1 35. Applicnlion of revenue account.
136. Power 10 direcr snlc of securirics in which any surplus of the rcvcnuc account is invcswd. , -
137. Advanccs rrom revenue accounl to capital account.
138. Advances Irom capital account to revenue account.
139. Striking off irrccovcrable sum. :I
140. Submission of abs~rack of accounls to Slate Governmenl.
14 1. Annual audit of accounrs.
142. Powers of audiror.
Secdon.
Tlre Howralr Itrrproven~ent Act, 1956.
[West Bcn. Act
443. Remunerarion of auditor.
144. Reports and information lo be furnished by auditor to the Board.
145. Board to remedy dcfects pointed out by audiror.
146. Audiror's report to be sen1 lo each trustee end considered by Board.
147. Publica~ion and msmission of an abstracr of thc accounts.
CHAPTER W.
148. Further powers lo Slale Govcromcnl for making rulcs.
149. Funher powers lo Board for making rules.
150. Condirions prcccdenr to (he making of rules under secuons 95, 148 or 149.
15 1. Publicalion of rules.
152. Prinling and salc or copies of rules.
153. Exhibirion of copies of rules.
CHArnR VIII.
Supplemental Provisions.
Stat~rs of Trtfsrees, elc.
154. Truslees, elc., dccmcd public servants.
Coti(ribrr/iot~s lowads leave allo~~~arrces ar~d pensions ofseivatrrs of the 1
Govemnlenr.
155. Contributions by Board lowards lcave allowances and pcnsions of servants of [he :
'
Government employcd under this Act.
Erlertsion of Act to nreas it1 the neigkbourlrood ofthe Howrah Mrinicipality.
158. Saving of Telegraph and Railways Acls.
Legal proceedings
159. Cognizance of offences.
160. Limi~alion of lime for proseculion.
16 1. Powcs of Chairman as to institurioo, etc.. of legal proceedings and obtaining legal advice.
162. Indemnily lo Board, elc.
163. Noiici of suit against Board. etc.
The Howruh h~rprnve~t~art Act, 1956.
Seciion.
Police.
164. Co-operalion of the policc.
- 165. hes~ of offenders.
Evidence.
166. Proof of conscnl, elc.. of Board or Chairman or oflicer or servanr of Board.
167. Validalion of acls and proceedings.
Compel tsorion.
168. Gcneral power of Board to pay cornpensadon. ' 169. Cornpensarion to be paid by offenders for damage caused by hem.
Public rzorices ond advertise~~~err~s.
170. Public notices how ro be made known.
17 I. Newspapers in which advcrriscrnenls or nolices 10 be publishcd.
Sigtiatrrre atrd service of notices or bills.
172. Slamping signarurcs on nolices or bills.
173. Services how to be effected.
Surveys.
174. Powcr to make surveys, or conlribulc towards heir cost.
Polver- of etifty.
175. Power of enq.
Penalties.
176. Punishment for acquiring share or inlcrcst in conuacl, etc., wih the Board.
177. PenaIty for removing fence, elc., in streel.
178. Pcnalty for building wilhin smeet alignment or building line of a projected public srreel. ,. .
179. Penalty for failurc to remove wall or building in respect of which agreement has ken
execured.
180. Penalty for failure to comply with requisition made by auditor.
18 1. Penalty for obsmcting conrraclor or removing mark.
Recovery of expetlses.
182. Removal of wall or building and rccovcry of expenses.
Swsperrsiotl or abolitiori, at~d re-i)trpositbi, of tarltfion or trt~ttiicipal conrribrrtiorls.
1 S3. Suspension or aboli~ion, and re-imposiuon, of laxation or municipal conlrjbutions.
Dissolrr~ior~ oJ Board.
154. Power of Srarc Government to supersede the Board.
184A. Conscqucncics of supersession.
Schedule I.
Schcdule U.
0
West Bengal Act XIV of 19561
THE HOWRAH ZMPROVEMFNT ACT, 1956.'
-
IVcsl Bcn. Acr m1 of 1966.
Wcsl Ben. Acr XVLI of 1969.
Wesr Ben. Act VUl of 1972.
Wes~ Ben. Act XI of 1972.
West Bcn. Acl XLIll or 1983.
West Bcn. Act XV of 1995.
[91h J~rle, 1956.1
A11 Acr ro provide for rhe 611pivvettrenr of Hawra/~.
WHERFAS jl is cxpedient ro make provision for !he improvemer~t and
expansion of Howrah in he milnncr hereinaftcr appearing;
AND WHEREAS it is expcdient that n Board of Trustees should be
constilutcd and invcsrcd wi~h spccid powers for carrying our thc objects
of [his ACI:
It is hcrcby enacted in thc Seventh Year oFthc Rcpublic of India, by
lhc Lcgisla~urc of Wcst Bengal, as follows:-
CHAFER I.
Preliminary.
1. (I) This Acl may bc calIed hc Howrdi lmprovcmcnt Act. 1956, si:$g-
(2) It shall cornc inlo forcc' on such day as thc ~~alc~~overnmcn~ men1 and
cxtcnt. may, be norificalion, appoint.
"(3) 11 extends LO he wholc of Howrah.
or rhr m~crncn~ of Objuclr and Kc;usons. set he Calcufrtr Guzerre. fitrurrrdinuq:
da~cd hc5!hSeplcnikrV 1955, Prui IVA, pqc 153RThc Rcponofrht:Joini Sclccr Commirirc
ofhc \Vat Bengal Lfrislaturc was published in thc Colcurru Garfee. Errruordi~raq: datcd
rbiz ??nd Much., 1956. Pan IVA, pagc 407; for pmctcdings of hc Wcsr Bengal Lcgisla~ivc
Asscn~bly, scecheprocccdingsolrhr. nrclingsoirht \Vat BcngdLrg~hivcAsscmbly held
on the 10th Scprcmkr. 1955, and 111c 15rh. ZDlh, 21~1, 23nl and 34th Mnrch, 1956;,yld
for pmcecdinpsoC11ic Wcs~Bengal Lrgisl~liueCouncil.~ec hi: pmwdingsof ~hz mrzilngs
of the \Vest Bcngal Lfislalivc Cuuncil held on he 41h Octobcr, 1955 and ~hc 2 Isr and
28ihMarch. 1956.
The provisions ofhis Act rrla ing to rhc sewyc dispsal scheme for ~hc Municipality or
Howmhshs!I stand rcdedni~h cffccl lromthc da~colvminpl in thc CdcuaaMcrmnolim
\Valcr and Smitalion ;brurhorily of Ihc works rclaring to such ;chcme, vide scc~ion t(k(2) or
the Calcutia McmpaLiian Watcr and S~ita~ion Authorily Acr 1966 (Wcst Ben. Act XlIl
or 1966).
'This Aci ws bmught inro force \\$lhcffr~t fromtht261h Imunry, 1957, ride NouCulion
No. 595-M. 1 A39156,datcdrhe I81h Jmuw 1957,cithc~ Self-Govcmrtwnr h~mnl.
published in thr: C(11clrr1d Gaierre, dalcd rhc 241h Imuuy, 1957, Pan I, pagz?61. '
'Sub-scclion (3) was subsri~u~cd for thc clriginal sub-scclim by s. 2 of rhc llownh
I~uprovemxnt (Anwndmenl) ACI, 1995 (Wat Ben. Act XV of 1995). Prior:o [his subsrj~uuon.
the ~ollowingchangcs acmd in original sub-scdion (I), nmcly:-
(i) thc words "and the Bdly Municipality" wuc inserted by s. ?(I) of the Howd
Impmucri~~nt (A~n~ndrncnt) Act 1983 (Wcst Bcn. Acl XLlIl of 1983). and
(ii) lhe words %or Municipali~ics" scrcsub~ilulcd Tor tk wd "rhar Municipaliry"
by 5.2 (2), ibid.
Tlte Holvmh I~i~provertterrt Act. 1956.
['CYcst Ben. Act
kfinilions. 2. In this Act, unless ~herc is anyrhing rcpugnanl in rhc subject or
b context,-
(a) "betterment fee" rncans the fec prescribed by scction 80 in
respect of an increase in value of land resulling from the
execution of an inlprovemcnt scheme;
(6) "the Board" means ~hc Board of Trustees for rhc
irnprovcment of Howrah, consri~uted under [his ACI;
(c) "building" includes a house, out-house, stable, privy, urinal,
shed, hut, wall (orhcr than a boundary wall not cxceeding
ten fecl in height) and any other srructure, whcther of
masonry, bricks, wood, mud, rnecal or any combination of
rhesc materials, or any other mawrial wharsocver but does
not include a tent or ohcr ponable shclter and docs not also
include any temporary shcd erecred on ccrernonial or festive
occasions;
(d) "building line" rncans a line (in scar of he srreet alignmenl)
up lo which [he main wall of a building abutting on a
projecled public slreei may lawfully exlend;
(e) "Chairman" means the Chairman of [he Board;
'(cc) "Chief Exccutive O1ficcr1' means the person appointed by
the Slare Govcrnrnent lo be [he Chicf E~ecutivc Oficer of
~hc Board;
=(f) "IfIowrah" rncans the area within rhc jurisdiction of rhe
district of Howmh;
-'(A) "Howrah Municipal Corporation" means the Howrall
Municipal Corporation cstablished under the Howrah
Municipal Corporation Act, 1980;
(g) "irnprovcment scheme" means a scheme falling undcr any
of the categories mentioned in section 33 bul does not include
a projected public sweet or a projecied public park referrcd
lo in sec~ion 63;
(h) "land" has the samc meaning as in clause (a) of section 3 of
[he Land Acquisition Act, 1894;
(i) "municipal assessment-book" means rhc municipal
assessment-book referred to in sub-scction (1) of scclion 143
of the Calcutta Municipal Act, 1923, as cxlended to rhe
Howrah Municipalily 4[and the assessmenl list prepared for
the Bally Municipality under secuon 136 of the Bengal
Municipal Act, 1932, as !he case may be];
Ben. Act 111
of 1913.
'Claw (ee) wa inxncd by s. 3 (2) of ~hcHowmhlmpmvemenr(Arrwndmen[) ACL 1995
(\Vcsf Bcn.ActXV or 1995).
'Clause(0 was subsli~utcd Tor origind clause by s. 3 (b), ibid R-iorio rhissubstiturion, ltac
words "and lhc Bally Municipality" were inscnrd. in original clausc (0. by s. 3( 1) of.lhe
Hownh impmvcrnent (Amcndmenr)Aa, 1983 (Wat Ben.Aa XLIlI of 1983),
'Cl~use [IFj wva inseried by s. 3(c) olthc Howmh Impmvcrncn~ (Amendmcn1)Act. 1995
(Wcjt Ben. ACL XV of 1995).
'Thc words md figurn wirhin Ihc square bnckek werc inserled by s, 3(2)of lhc Hownh
Impmvemnr (Arnendrnenr)Act. 1983 (iVestBen.Aci XLlIlaF 19831.
XTV of 1956.1
(Cl~clpter 11.-Tlre Board of Tnrstees.-Sectiorls 3, 4.)
iti.51 Ecn. '(ii) "Municipality" has [he same meaning as in clause (38A) of
- AcIXXLI :
of 1993. section 2 of [he West Bengal MunicipaI Act, 1993;
ti) "nolificarion" means a notificalion published in thc Oficiul
Gazerre;
(k) "Sccrclary to thc Board" mcans he person for [he lime being
appoinrcd by hc Board to discharge [he funcdons of the
Sccrctary to rhc Board;
(I) [hc "Tribunal" mcans ~hc Tribunal consurured under seclion
71;
(m) "Trustcc" mcans a Mcmbcr of [he Board; and
In) [he expressions "brrs~ee", "drain", "public street" and "smeel
align men^" have a he same meaning as in clauses (41, (13),
Ben. Acr XV (44) and (52), respecdvely, of section 3 of the Bengal
or 1432. Municipal Act, 1932.
CHAPTER 11. I
The Board of Truslees. I
Co~~stirrrrior~ of rl~e Board,
I
3. The duty of carrying our [he provisions or this Act shall. subjecl Creation I
to thc conditions and limi~alions hcreinancr contained, bc vested in a :$ken 1
Boad, lo bc callcd, 'The Trustccs Ibr rhc Irnprovcmcnt or Hownh" : of~oard. I
and such Board shall be a body corporarc and havc pcrpclual succession
and a common seal, and shall by [he said name sue and be sued.
I i I
'4. The Board shall consis[ oreleven Truslees as specified below:- Constitu~ion
I
I
of Bod, (a) the Mayor of lhc Howrah Municipal Corporation (hcrcinafter
, .
referred lo as [he Mayor);
(b) one representative of [he Department of Urban
Development, Governmen[ of West Bengal;
(c) one representative of the Finance Deparmcnl, Governrncnl
of Mst Bengal; . ,
'Clause (ii) was inserted by s. 3(d] ofrhcHowrah Irnpmvemnr (Amcndrncnr) Acl. 1995.
(\PC41 Bcn. Act XV of 1995).
!Stc~ion 4 was substiiulrd Tor the original section by s. 4. ibid. Prior to this
suhslilulion, rhc fo!lowingchmgcso~currcd in original scciion 4, nmly:-
(il subscaion (1) wusubstiru~ed by s.4 (a) of rhc Hownhhpm~rnwnr(Amcndmcn~)
Act. 1983 (Wcst Bcn. Act XLIII of 1983).
(ii) in sub-=&on (2).-
(a) the words, bnckca and Icucrs "claucs (c). (0 and (g)" were subsrilu~ed lor
!hcwor&, bnckelsmd lcltcn 'Tlauxs(c) and (d)" by s. 4(b)(i). ibid., and
(b) rhe words ". thl: Chairmvl of thc Bdly Municipality" wcn: inscned by
s. 4(b)(ii), ibid., and
(iii) in sub-scclion (3),-
(3) he words, bmkfrsand le~rcrs "clausls (el. (I) nnd (g)"wcresubsritu~ed forrhc
words, bnckets and Icilcrs "clauxs (c) md (d)" by s.4(c)(i), ilrid.. and
(6) he words "or such Coi~~nus~ionerof lhe Bdly Muuicipdi~y" wcrcinscncd by
S.~(C~[U). ;b;d,
Di\qu~l~-
licarions
for+in:
appo~nled or
cltc~cd n
Tustcc.
Tlie Ho~vruft It~rpn-enrerlr Act, 1956.
[West Ben. Act
(Clrapter II.-TII~ Boord of Tr~tslecs.-Sectio~1.s 4A, 5.)
(d) onc official of the Calculta Mclropolilan Dcvclopment
Aulhority ro be appointed by llle Smlc Govcmmcnt;
(c) ~hc Chicf Execuli vz Officer;
(f) fivc pcrsons [a bc appointed by he State Govcrnmcnt;
(g) 111c pcrson appointed by the S~are Governmcnl lo bc ~hc
Secretary of tlic Board, who shall be the Member-Secretary:
Provided rhnr wl~cn nn ordcr ~Tsupc~scssion of the Howrah Municipal
Corporarion bas becn madc undcr the Howrah Municipal Corporalion wC51 Utn.
Act, 1980, and is in force, it shall br: compctcnl for [he Slate Government of 1980.
lo nominarc in place of the Mayor a person having spccial knowledge or
cxpericncc in Municipal adminis~ration.
'4A. [(Corrsritrrtio)~ 01 rl~e Bourd u11 nppoinntret~r of Exccrrtiuc
Oficer for Holvrah M~rr~icipality srrder sccrio~l 67A of the Bellgal
Mrrtricipal Acr, 1932,+0nrirred by s. 5 of rlrc Ho~vrall Ittr~~ro~~et~rerlr
(ilrrre~rd~~rei~r) Act, 1983 1 Wesr ,3e11. Act XLIII of 1983J.l
5. (1) A pcrson shall be disqualified for bcing appointed
'" * * * a Truslee if he- .
(a) hns been convicted and sentenced by my Court for an oifence
punishable with in~prisonrnent for a period of not lcss than
six monhs; or
(b) is an undischarged insolvcnl; or
(c) holds any ofice or place of profil undcr Ihc Board; or
(d) has, dircclly or indirecrly. by himself, or by any panncr,
clnploycr or crnployec, any share or interest in any conlracl
or elnployrncnt wih, by, or on behalF of, [he Board; or
(e) is a director, or a sccrcrary, manager or other salaried olficer,
of any jncorporatcd company which has any share orinleresl
in any conmct or crnploy mcnt wilh, by, or on behalf of, thc
Board.
(2) But a person shall not bc disqualified as aforesaid or be deemed
to I~avc any share or in~eresl in such contract ar employment as aforesaid,
by rcason only of his having a sllruc or intcrest in-
(i) any sale, purchase, leasc, or cxchangc of land, or any
agrcemcnt for the same; or
(ii) any agrccmenl Tor lhc loan of money, or any sccurity Tor Ihc
paymen[ of moncy only; or
(iii) any newspaper in which nny advertiscrnenr rehung la he
afrairs of the Board is inscrled; or
'Scction Jh \vs inscncd by s, 2 or the How& lnipmrcmcnt (Arncndmrnt) Act. 1969
(\Vest Bcn. Acl XVlI or 1969).
-The ix40rds "'orclec~cJ"~vrrt omincd by s. 5 of hc Howmh Improvcmcnr (Amendmcn~)
he IIO(I5 IIV,.rr Rrn Arl \'\rnr 100<\
Tlie Ho 1uru11 Inrpmvetnenr Acr, 1956.
XIV of 1956.1
(Ci~upfer /I.-The Board of Tr~rslee~~.-Secr~u~ls 6-9.)
(iv) the occasional salc lo he Board, to a valuc nor exceeding
two thousand rupces in any onc financial yeear, of any article
in which hc rradcs;
or by reason only of his having a sharc or inlcrcsr, olllerwise lhan as
director, or sccrctay, manager or o~hcr salaricd oliicer, in any incorporated
company which has any share or in~erest in any conlracl or employment
wi(h, by, or on bchall or, thc Board.
(3) Thc S ta!c Govcrnnlcnt may, if it lhinks fil, remove by an order
the disqualificntion mcntioned in clause (a) of sub-seclion (1) and shall
do so if, in IIIC opinion of !he Srate Government, the offence does not
involve moral ~urpi~ude.
6. (I) The Slate Govcrnmcnl shall appoint, by nolification, Appinlriwnt
[[Mayor] ro be the Chairman or Ihc Board. or
C him
?* s * * * * * * ofthc Board.
7. .'(I) The Chairman shall reccivc such monthIy "[honorarium or Rrrnulicn-
allowance] as may bc fixcd by rhc Srarc Govcrnmc~~l. lion or
Chimn.
8. Nothing in section 6 shalI be deemed lo prevent the Stale Tcrnpor;lry
Government from appoinring a salaried officcr lo bc thc Chairman of ~~~~~~
the Board in addition 10 his own duties as a remporary measure, in olliccra
which casc such Chairman shall rcccive in addition lo his pay such fkL':&,
allowanccs as rhc Statc Govcrnrncnr may fix bul shall no1 be entitled to
receive he b[honorarium or allowance] mcnuoncd in scc~ion 7.
9. (1) Ile Slate Government may, afier consultation wih the Board, have of
gram lcvve of absence to [he Chairman, or depute him to other dudes. ~$~~~~ for such pcriod as it thinks lit. of lllc
Chmm.
'The word within hesqun bnclrcls wassubs~i~urcd Tor hc words "apfrson" by s. 6(a)oT
thr:Hoivr;rh ln~provc~~ient (Amend~wnl) Act, 1995 (Wat Bcn. Act XV 01 1995).
'Sub-section (2) was o~niltcd by s, 6(b), ;bid.
Sub-sec~ion (1) wm substitu~cd for thc original subs-scction by s. 6 or rhc How&
Irnprovcmcnt (Ar~icndrnent)Act, 1983 (\Vest Ben. Act fill1 of 1983).
'Thcwords wihin thcsquarcbnckc& wcrcsubslituled iorthe word "Salxy" by s.7(a) of
thc How& Ir~~pwvement (Amendmcn1)Acr. 1995 (JVCSI Ben, Act XV of 1995).
'Sub-scctions (2). (3) md (4) rvcrc ornincd by s. 7(b), ibirl.
Thc wok within he square bnckcrs wcrc subsliiuicd lor the words "Saluy nnd
nllnwnnrr~" hv s R ihid
Appnilil-
mcnr, trc.
of ac~ilig.
Chairman.
Rt~uclvalof
Chairman or
Trusrm,
Tlre Hoalrall lr~rprove~~re~~r Act, 1956.
[West Ben. Act
(Cliapter !I.-The Board of Trrrsrees.-Sectioas 10-12.)
(2) Tl~e allowancc (ii any) lo be paid to the Chairman while absent
on leave or dcpu~arion shall bc such amount, not exceeding his
'[honorarium or allowancc under subseclion (I) of secrion 7,] as may be
fixed by thc Stale Governmenr:
Providcd ha[, if the Chairman is a servanr of the Statc Govcmmcnt,
the amounl or such allowance shall be such ns he may bc cnutled lo
under thc conditions of his service under the Govcrnmcnt rclaling to
rransrer lo iorcign scrvicc.
10. (1) When [he Chainnan is granted lcavc oi abscncc or deputed
lo olhcr dutics or when the post of Chairman falls vacanr by reason of
his death, resignadon or rcmoval or otl~crwise, the Stale Government
,may appoinr n person to act as Chairman for such period as it thinks fit.
- (2) The salary and house-rent and conveyance allowance (if any) of
any pcrson appoinled to act as Chairman shall be fixed by thc Sralc
Govcrnmcn~ '* * * * *.
(3) Any person appointed to act as Chairman shall cxcrcisc [he
powers and perform he dutics confcrrcd and irnposcd by and under dus
Acr on tbc Chairman, and shall be-subjecr ro [he same liabjliries,
restrictions and conditions as hc Chairman.
11. Thc Board may permit any Truslee, olher than [he Chairman
'* * * * *, ro absent himself from meetings or he Board
for any pcriod not exceeding six months.
12. (1) If a[ any time it appears to the State Govcrnmcnt hat he
Chairman has becn guilty of any misconducl or neglec~ in he discharge
of his dutics or has shown himself to be ohenvise unsuitable for the
office. which renders his rcmova1 cxpedicnl, it may, after giving him an
opportunity of showing cause against the proposed aclion, declarc, by
notilicalion, that he shall cease to hold officc a thc Chairman.
(2) The Slate Govcrnmcnr may, by notification, declarc ha1 any
Truslce shall cease 10 bc a Trusrcc jf-
(a) hc has actcd in conuavenuon of secuon 20, or
(b) he has been absent from, or is unable 10 auend, he meetings
of the Board for any period exceeding six consecutive
months, or
'Thc words, ligum and bnckru within thesquur: bnckcuwercsubsriruted forlheword
'sda~~" by s. 9 olhc Ho~d Irnprovcnicni (Amcndmcnr) ACL 1995 (Wat Bcn. Aci XV of
199.5).
'The words and figure "subjcct ~othcpron'sions of xclion 7" wereomitlcd by 5.10, ibirl,
'ThewTdS"Qrhc Chimanof hc Bdly Municipdity" wcrc first inscncd by s.7 olrhe
Huwnh Improvement (Ameodmmt) Act, 1983 (West Ben. Acl XLIIl of 1983). ThereaRer,
lhc wonk "or thc Chairman of thc Hownh Municipality or the Chhm of the Bally
Municiplity" were omitted by s. 11 of he Hownh Improvement (hndment) Act 1995
(West Bcn. Act XV or 1995).
The Holvroh It~lpm~renlerrt Acr, 1956.
XIV of 1956.1
(Cltap~er I!.-The Board of Tnrsrees.-Sectio~rs 13, 14.)
(c) hc has, without the permission of the Board, been absent
from the meetings of the Board for any period exceeding
hee conseculivr months, or
(d) he is a salaried scrvant of he Governmenr, and if his
continuance in oCIice as a Trusree is in the opinion or !he
S~a!e Governmen1 undesirable, or
(e) in the opinion of the Slate Governmcnr hc has become
incapable of acting as a Tmstee or has so abuscd his position
as a Trustee u to rendcr his caniinuance as such derrimcntal
to the public in~ercst:
Provided that when the Starc Government proposes to take action
under this sub-scction. an opportunily of showing causc ngains~ the
proposcd aclion shall be given to the Truslcc conccrncd, and when such
acrion is rnkcn, he reasons therefor shall bc placcd on record.
(3) Thc Statc Government shall, by no~ificalion. dcclarc !ha! a liusree
shall cease to bc a Truslcc-
(i) if hc incurs any of rhe disqualifications n~entioncd in
sccrion 5 aftcr his appoinlment or election, as the cast may
bc, as a Trusree; or
I* * * * *
13. If any Trusrcc bc pcrmiltcd by he Board to absent himsclf from Filling of
aual rneedngs of [lie Board for any period cxcecding thrcc months or if any ,,~,
Trustee, I* * * * * * *, dies, or resigns thc inccnin
oiiicc oiTrustcc, or ccoscs lo hold Ihc office of Truslee in pursuance of a
M.
nolification published undcr scction 12, the vacancy shall be filled by a
fresh appojntmen~ or election, m thc case may be, under secdon 4.
314. The term of office of [he Trustees, olher [han [he Chairman, Terrnol
shall be hree years. 0lli~0r
Trustrxs.
'Clausc (ii) was omiltcd by s.12 of thc Hawmh Impmvcmen~ (Arnendrncn~) Acr. 1995
(Wrt Ben. Act XV 01 1995).
Thc words "or of hc Bdly Municipality" wcnr rust inrficd by s. 9 of he Howmh
Improvement (Amendmenl)Act. I983 (Wcrt Ben. Act XLIII 01 1983). Themher, the word<
"orher Ihm rhc Chairman of ~hc How& Municipality or of lhc Bay Municiflw' were
orniucdby s. 13 olrhe Hownh Impmvrnlenl (&txndmznOAa, 1995 (West Ben-Act XVof
1995).
'Section 14 was subsliiutcd for originid sccrion by s.14, Bid. Prior 10 this substitution,
there occumd following chmgci in origknl seelion 14, nmly:-
(i) rhc words 'br IheChim. Bdly Municipnlily" wcrcinserled by s. Iqe) ollhe
Howd~ Improvcmcnt (A~ncndmcni) Aci. 1983 (Wcsl Ben. Act XLllI or 1963),
rrnd
(ii) rhc rvods, bndrels and Icners "chux (c) or claw (I) or claw (g)" wut silkrimred
for~he rvords. hnckels nnd Ieuers "clauscIc) orclni~se (dY bv s. lab). ;hid,
Tlre Hou,rulr Itrrprovetrre~~r Act, 1956.
I\Vwt Ben. Act
(Clruprer It. -Tlte Bond of Tr~rsfees.-Secrio~ls 15, 16.)
Colldrrcr of bvsilzess.
.;
hlc~iing 15. The Board shall mecr, and shall, from lime to time, make such
of board. arrangcmenls wid1 rrspcct to tl~c place, day, hour, nolice, managemen1
and adjournment of their meeting, as they may ~hink fit, subject lo thc
following provisions, nan1cly:-
(a) an ordinary mccling shall be hcld once at Icast in cvcry
tnon!h;
(b) die Chairman may, whenever he lhinks fit, and shall upon
thc wril[.cn rcqucst of not lcss than lwo othcr Trustccs, call
a special rnccting;
(e) ~hechnirrnan shall ar~cnd cvcry meering of [he Board unlcss
absent on Icavc or prcventcd by sickncss or olhcr reasonable
causc;
'(d) onc-half of thc cxisting numbcr of the Trustccs shall makc
n quorum for transac~ion of busincss at any mccling:
Providcd tlkni no quorum shall bc ncccssary for an
adjourned meeijng;
(e) every meeting shall be presided ovcr by rhc Chairman and
in his absence by a Trustee chosen by he memhrs presenl
to preside over thc meeting;
(Ij all quesrions shall be decided by a majority of votes of rhe
Trustccs prcscnr, rhc person presiding having a sccond or
casling vore in all cases of equalily of vorcs;
(g) if a poll be demanded, the names of the Truslccs voring,
and [he nature of their votes, shall be rccordcd by thc pcrson
presiding;
(h) minutes of !he proceedings of each meeting (together with
the names of the Trustees prcsent) shall bc rccordcd and
such rnjnures shall be read and signcd ar the ncxl mccring
by rhc pcrson presiding at such meeling and shall be open
Lo inspeclion by any Trustcc during office hours.
'Trn~ponry 16. (1) The Board may associate with themselves, in such manner
aqEM.i3'i0n and for such period as may bc prescribed by rules made under section of~twnlkrs
wi~h IIIC 149, any person or pcrsons whose assistance or advice [hey may desire
lor in carrying our any of he provisions of his Act. p.uricular
purposcf, (2) A person associated wirh thcmsclvcs by the Board under sub-
scclion (1) [or any purpose shall have n righr lo takc part in the discussions
or lhc Board relative to [hat purpose, but shall not havc a right to vote at
a rneeling of Ihc Board, and shalI not be a membcr of rhc Board for any
other purpose.
'Clausc (d) was substirutcd Tor thc original by s. I I of the Howmh Improvcrnent
(Amendmcn~)Ac~, 1983 (West Ben. ACI XLIIIof 1983).
Trustees and
mocia~cd
~ucnlkrsof
Uomd or any
Corn~ililtw
1101 lo rakc
pm in
pronrdinp
inwhich
they yu
pcnonally
inlrwncd.
The Ho~vrali I~~rprovenzet~r Acr. 1956.
[West Ben. Act
(Cl~nprer !I.-Tire Bonrd of Tnrsrees.-Secriotrs 19, 20.)
19. Subject to rhe rules made under section 145 in this behalf, every
Trusree (other than the Chairman) and every person associated wilh he
Board under secuon 16 shall bc enli~led to receive a fee of '[Gr~y rupees],
and cvcry mcrnbcr of a Conimiltee a fee of ?[twcncy-fivc rupees], for
attending a rnceting of rhc Board or a Comrniucc at which busincss is
rransacted:
Providcd (hat a pcrson who is a salaried scrvant of rhe Stntr: or [he
Ccntral Goi~cmmcnt shall not bc cnurled lo rcccivc any fcc as arorcsaid.
(a) has, directly or indireclly, by himscli or by any parrner,
e~nployer or employee, any such share or intercst as is
described in sub-seclion (2) of secdon 5, in respect of any
mailer, or
(6) has acted professionally, in rclarion to any matlcr, on behalf
of any person having [herein any such sharc or inrcrest as
aforesaid,
shall not vote or take any olhcr part in any proceeding of lhe Board or
any Comrniltcc rclating to such maucr.
(2) IT any Trusrcc, or any pcrson associated wirh the Bod under
section 16, or any oher member of a Conlmiitec appoinlcd undcr his
Act, has, direc~ly or indireclly, any beneficial intcresr in any land situalcd
in an arca comprised in any improvement scheme framed under this
Act, or in an area in which it is proposed LO acquire land for any of the
purposes or [his Act,-
(i) he shall, before taking par1 in any proceeding at a meeting
of the Board or any Comrniuee relaung to such area, inform
the person presiding at he meeting of he nature of such
inrercst,
(ii) hc shall not vole at any meeting of the Board or any
Commit~ee upon any rcsoIution or question relating to such
land, and
(iii) he shall no1 take any olher parr in any procccding at a
meeting of the Board or any Committee rclating ro such
area if the person presiding ar the meering considers it
incxpedient [hat he should do so.
'Tk words wilhinthesquare bmckels weresubsti~uted for the words "twenty rupees" by
s, 13[1), d he How& Improvcrncn~ (A~ncnd~nent) Act, 1983 C\Vest Ben. Act XLIII or
1983).
'The words wi~hin ~hc square bmkels wcre subsrirutcd lor rhc words 'tcn rupecs" by
s. 1312). ibid.
The Ho~~~rut~ Itt~provcn~etll Act. 1956.
'20A. The Board may, on behalf of any pcrson or the Siale
", Govcrnmcnt, cxccutc any work or rcnder any service, not being a work
or scrvicc which is inconsisrcnt wilh ~hc provisions of [his Act, in any
arca lo which this Act applies on such lcms and conditions as may bc
agrccd upan belwecn rhc Board and such pcrson or the SWc Govcmment,
as the case may be:
Provided [hat whcn any work is cxcculcd or any service is rendered
on behalf of any person, no such work shall bc cxccutcd or senGccs
rzndcrrd cxcepl wilh [he previous sanclion of the SI~LC Govcmmenr.
Fbwcrof
hoard to
executc
ccmin
works or
10 rrndcr
certain
services.
21. Thc Board may pcrform all such work and enter into and perform Powcr to
a11 such canlracls as hcy may consider necessary or cxpulicn~ f~r carrying
out any of [he purposes of [his Act. contracts.
22. (1) Evcry such con tract shall be made on behalf of [he Board by Exxu~ion of
the Chairman: conuacts
md anproval
Provided ~liat- orestikes.
(a) a contract involving an expendi~ure excecding ?[fir~y
rhousand rupees] shall not be made by he Chairman wilhoul
~hc previ~us sanc~ion of rhe Board; and
(b) a contract involving an cxpcndilurc cxcccding -'[~wen~y-five
Iahs of rupees] shall not bc rnadc by the Chairman wilhout
the previous sanction of the Board and or ~hc State
Govcrnmcnt.
(2) Evcry cstimate for the expendilute of any sum for carrying out
any of [he purposcs of his Act shall be subject to the approval of he
authoriry who is cmpowered by sub-secdon (1) lo make or sanclion [ha
making of a conkact involving the expenditure of a like sum.
(3) Sub-scciions (I) nnd (2) shall apply lo every variarian or
ahandonmen( of a conmcL or csirnatc, as we1 I as to an original conlract
or cslima~c.
23. (I) Every conmcl rnadc by thc Chairman on behalf of the Board Funk?
provlsrom shall bc cntcred inlo in such manner and form as would bind he Chairman a roerecu-
ir such contract were made on his own behalf, except that he common ::;Lk seal of he Board shall be uscd (where necessary); and cvcry such conrnct ~,j
may in the like manner and form be varied or discharged.
'Section 20A wu inscried by s. 3 of Bc Wcst Bengal Impmvcmenl Laws (Amcndmnk)
AcI, 1972 (Wesl Bcn. Act VIII of 1971).
Tl~lw:aonls \vivilhin Ihcsqu~br;icl;cawcrcsubslir~~od Iorhcrhevords'k huxtndrups''
by s. 141) oirhc Hownh Improvcmeot (Amendrncnr) Act. 1983 West Bcn. Acl XLIll 01
1983).
'Thc work within
by s. l4(2), ibirl.
wresubsriturcd lorh words "one lakhof rupees"
Tlre Ho~vralr I~~~prnvetaent Act, 1956.
[West Den. Act
(Clrup~cr /I.-The Boonl of Tnrsrees.-Sccriotr 23.)
(2) Every conlracl lor thc cxecu!ion of any work or the supply of any rr, marerials or goods which will involve an expenditure exceeding '[five
rhousand rupees] shall bc in wiring, and shall bc sealed.
(3) The common scal of the Board shall remain in the custody 01 [he
Secrerary ro the Board, and shall nor hc ~Ffixcd !o any conrracL or other
instrumcnt cxccp~ in rhe presence or a Trusrcc {othcr than rllc Chairnun),
who shall arlach his signature to the contracl or insrrumcnr in rokcn [hat
rhe samc was scaled in his presence.
(4) The signalurc of thc said Trustee sl~all be in addition 10 thc
signature of any wilncss to ~hc execution of such contracl or instrument.
(5) A contncl not cxccutcd ns providrd in this section shall not bc
binding on thc Board.
24. ( 1 ) The Board may dclcrminc cilhcr gcncrally for any class of
cases or specially for any parricular case wherher a work should bc
execu~ed by cunlract or o~hcrwisc.
(2) When it is decidcd to cxccutc a work by contract or purchnse any
malerials ar goods and thc cxpcnditure involved in such execution or
purchasc is csrimilrcd to cxcced ?[five thousand rupees] [he Ch7' , imlnn
shall, at lcasl scvcn days bcfore entering inlo such conlracl or making
such purchase give nolice by advenisement in thc local ncwspapcrs
invi~ng tenders Cor the samc:
Provided [ha[ the Board may, at the instancc or thc Chainnan and
with the sanction of rhc Statc Govcmmcnt, for rcasons to bc rccorded in
the proceedings, authorise thc Chairman LO cnlcr inro a conlract without
invi~ing tcndcrs:
Provided further that every contracr madc by lhc Chairman involving
an expendilurc cxuccding ?[Lhy rhousand rupccs) shall .bc reporled by
thc Chainnan lo the Board wid~in fillern days aCter it is made.
(3) In cvcry cast involving an cxpendi~urc cxcccding J[lilty ~housand
rupcesj in which lcndcrs arc invitcd, thc Chairman shall place before
thc Board the specifica~ions, condi[ions and cslimatcs and all thc rcndcrs
rcceivcd, specirying rhc pnrricul,~ tcndcr (if any which hc proposes to
accept.
"hc\vords within tksqum bnckurs wcnrsubs~itu~ed for hc +vords "onc thousandrupccs"
by s. IS oliheklounh Impmrcmcn~(Amndmnr)AcI. 1983 (Wcs~ Bcn. Acr XLlIlor 1983).
Thc tburtlr rvilhinrhcqm bnckcrs wrresuhiruted for Ihc words "one thouxu~d rup~,"
by s. I6 (a){i), ibid.
'Thcwards within thc squm bncketsuoere subsrituled Iorrhc rvords "onelhousmd rum
and nor cxcccding thrcc thousand rup~.c%" hy s. 16 (a)(ii), ;bid.
'Thc wonk ~vithinhcq~ bmkcls wcrcsubsri~utcd lor rhc~vods'lhrcc thousand rup"
hy s. 16(b), ;hid.
Tlie Howraft I~np~vve~~lseltt Act, 1956.
(Cllnp~er IL-Tile Board of Trrurees.-Sectio~is 25-27.)
(4) In every case in which hc acccplance or a icndcr would involvc
'
an expenditurc cxcccding '[twenty-fivc lakhs of rupccs] and rhc Board
propose to acccpl a rcndcr which is not rhe lowcsl lcndcr reccivcd, rhcy
shall submit to [he Srarc Governrncnl he specificalions, conditions and
eslirnates and all rhc tcndcrs rcccivcd, spccifying rhc pnlicular render
which they proposc ro ncccpi wih rhc reasons for such proposal.
(5) Nci~hcr the Board nor [he S~atc Government shall bc bound to
sanction thc ncccptancc of any rendcr which has becn made; bu~ [he
Board, or rhc Srale Govcrnmcn[, as [he case may be, may sanclion the
ncceplancc of any of such lenders which appears to them, upon a view of
all the circumsrances, to be the most advantageous, or may direcl [he
rejection of all [he lcndcrs submitted lo ~lwm.
25. The Chairman shall take sufficien~ securi~y for the due kcurityfor
pcdomancc of cvcry conlracl involving an expendilure exceeding '[five $:~EF
thousand rupccs].
26. (1) Thc Chairman shall forward to rile Slale Government a copy Supply of
or thc rninurcs of hc proceedings of each rnecting of the Board, wilhin &~mllls
ten days rroni the dale on which the minutes of the proceedings of such inlomdon
meeting were signed as prescribed in clausz (h) of scc~ion 15. to the S1w I
Goirm~ucnt. i
(2) If rhc Srarc Govcrnmcnl so dirccls in nny casc, rhc Chainnan
shall forward ro il a copy of all papers which were laid before [he Board
for consideration at any meeting.
(3) Thc Slate Govcm~nenl may require [be Chainnnn lo rurnish il
with-
(a) any rcturn, statcmcnt, cs~imalc, slalistics or other
infomalion regarding any maucr undcr rhc conlrol of rhc
. .
Board, or . .
(b) a rcporl on any such matter, or
(c) a copy of any document in he charge of [he Chairman.
27. The Board shall rrom lime ro lime preparc and maintain a Sttw~ncn~of
srntcment sl~owing- drrngl h mJ
rclnuncn-
(a) thc number, designations and gndes of the officers and tionofsraff.
scrvams (othcr lhan cmployces who .ue paid by lhe day or
whose pay is chargcd lo temporary work) whom they
considcr it necessary and proper to employ for [he purposes
of this Acr,
ITIic words within thcsyumbnckcts~vsrr:subsriru~rd forthe ~voR[S''onc I& olrupms"
by s. 16(c) of thc Hownh l~nprovzriirnl (Amendmenl) Acr. 19S3 (IVrsr Ben. Act XLIll
or 1983)-
-7hc words wirhin ksquan: bnckc~ wcnr subslitutcd Tor dm words "onc rhousand rupccs"
by 5, 17, ;I);(/.
T/I~ Honralr Intprovel~~nrr Acr, 1956.
[West Ben. Act
(Clraprer 11.-The Board of Trrrslees.-Secriorrs 28, 29.)
(b) thc amount and nalure of hc saIary, lccs and allowances lo
be paid io cach oificcr and servant, and
(c) he contributions payablc undcr sccrion 155 in respect of
cach such officer and servanr.
28. Thc Board shall from time 10 drnc makc rulcs-
(a) fixing the amount and nalure of [he security 10 be furnished
by any officer or scrvant of the Board from whom it may bc
dccmcd expedient ro require sccuri~y;
(b) For regulating the grant orlcnvc of nbscnce, leave allowances
and acling aIlowanccs lo the oficers and servanrs of rhc
Board ;
(c) for csrablishing and maintaining a provident or annui ty fund,
Tor compelling all or any or he orficers or servants of [he
Board (olhcr lhan any servanr of ~hc Govcmment in respect
of whom a conrriburion is paid under seclion 155) to
conlribute ro sucll fund, a[ such rates and subjeci to such
condirjons as may be prescribed by such rules and for
supplementing such conmibutions out of the funds of the
Board;
(d) for regulating compassionate allowance and gra~uitics to
oficcrs and servanls of the Board and imilies of deceased
officers and servanrs;
(e) prescribing rhc qualifica~ions for employmcnr ns ofliccrs and
scrvanrs undcr he Board; and
(0 for regulating [he conduct of officers and servanrs of rhe
Board :
Provided thar a scrvanl of the Government employcd as
an oficer or servant of the Board shall no1 be entitled to
leave or leave allowances otherwise ihnn as may be
prcscribcd by the condilions of his service under the
Govcrnmenl relaung to transfcr to foreign service.
po\vcrs of
appolnltmnr, 29. !(I) Subject to any direcclions contained in any slatemcnt
ctcExcerpt shown. Open the full act in Lexace.
Lex