The Howrah Municipal Corporation (Amendment) Act, 2024

Registered No. WB/SC-247 	 No. WB(Part-III)/2024/SAR-6  
Walken 6aptte 
Extraordinary 
Published by Authority 
PHALGUNA 30] WEDNESDAY, MARCH 20, 2024 	 [SAKA 1945 
 
PART III—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 338-L.-20th March, 2024.—The following Act of the West Bengal Legislature, having been assented to by 
the Governor, is hereby published for general information:— 
West Bengal Act III of 2024 
THE HOWRAH MUNICIPAL CORPORATION 
(AMENDMENT) ACT, 2024. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 20th March, 2024.] 
Short title and 
commencement. 
An Act to amend the Howrah Municipal Corporation Act, 1980. 
WHEREAS it is expedient to amend the Howrah Municipal Corporation Act, 1980, 
for the purpose and in the manner hereinafter appearing; 
It is hereby enacted in the Seventy-fifth Year of the Republic of India, by the 
Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the Howrah Municipal Corporation (Amendment) 
Act, 2024. 
West Ben. Act 
LVIII of 1980. 
2 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 [PART III 
The Howrah Municipal Corporation 
(Amendment) Act, 2024. 
Amendment of 
section 2 of West 
Ben. Act LVIII of 
1980. 
Insertion of new 
section after 
section 136. 
(Sections 2— 4.) 
(2) It shall come into force on such date as the State Government may, by 
notification in the Official Gazette, appoint. 
2. After sub-clause (i) of clause (21B) of section 2 of the Howrah Municipal 
Corporation Act, 1980 (hereinafter referred to as the principal Act), the following 
sub-clause shall be inserted:— 
"(j) City service and Public utility building, that is to say, any building used for 
providing services by various organizations like Corporation, Calcutta Electric Supply 
Corporation, Public Works Department of the Government or any other similar service 
providing agencies providing services used in everyday life by the public, such as 
electricity sub-station and ancillary building for distribution, crematorium, burning 
ghat, water supplies, sewerage works, water supply or drainage pumping station, 
exclusive Car Parking Building with services incidental to Car Parking (such as 
Electrical room, Pump room, Guards' room, toilets, Control room etc.), 
telecommunication services; night shelters for homeless people, ward office, health 
unit, community hall, compactor station, pay and use toilet run by Corporation, metro 
railway or any other Government buildings for providing similar service purpose: 
Provided that any other buildings providing services similar in nature as determined 
by the Commissioner with the approval of Mayor-in-Council may come under this 
classification.". 
3. After section 136 of the principal Act, the following section shall be inserted:— 
"Commissioner 
not to sanction 
bhilding plan 
unless plan 
relating to Water 
supply etc. is in 
conformity with 
rules and 
regulations. 
136A. All building plans submitted to the Commissioner for sanction 
shall conform to such rules or regulations as may be framed in this 
behalf relating to water-supply, drainage, privy and urinal 
accommodation within the premises and sewerage, and no building 
plan shall be sanctioned by the Commissioner unless the same so 
conforms.". 
Amendment of 
section 144. 4. After sub-section (2) of section 144 of the principal Act, the following 
sub-sections shall be inserted:— 
"(3) (a) The Commissioner or any officer authorised by him in this behalf may— 
(i) inspect and examine any house-drain, ventilation shaft or pipe, cesspool, 
house-gully, privy, urinal, or bathing or washing place existing in, or any 
pipe, tap fitting or meter for supply of water to, any premises; and 
if necessary for the purpose of such inspection and examination, cause the 
ground or any portion of any house-drain or other work exterior to a 
building or any portion of a building to be opened, broken up or removed: 
Provided that in the course of any such inspection and examination as little damage 
as possible shall be done. 
(b) Any ground or any portion of any house-drain or other work exterior to a 
building or any portion of a building opened under sub-clause (ii) of clause (a) shall 
be filled in, reinstated and made good by— 
(i) the owner of the premises at his own cost, where the works or things 
mentioned in sub-clause (i) of clause (a) are found on inspection and 
examination to be not in good order or condition or constructed in 
contravention of any of the provisions of this Act or any rules or 
regulations made there under or of any other law for the time being in force, 
and 
(ii) the Commissioner, in other cases. 
(n) 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 	 3 
The Howrah Municipal Corporation 
(Amendment) Act, 2024. 
Insertion of new 
sections after 
section 171. 
(Section 5.) 
(c) Where the owner of any premises raises any dispute as to the existence of any 
of the circumstances referred to in sub-clause (i) of clause (b), he may, within thirty 
days from the date of inspection and examination, make a written representation to— 
(i) the Commissioner, in cases where the inspection and examination is done 
by any officer of the Corporation other than the Commissioner, 
(ii) the Mayor, in other cases, 
and the decision of the Commissioner or the Mayor, as the cane may be, shall be final. 
(4) When the result of inspection and examination is described in clause (b) of 
sub-section (3), the Commissioner may,— 
(a) by written notice, require the owner of the premises or the several owners 
of the respective premises in which the drain, ventilation shaft or pipe, 
cesspool, house-gully, water-closet, privy, latrine, urinal or bathing or 
washing place is situated or for the benefit of which the same has been 
constructed, erected or set up, 
(i) to close or remove the same or any encroachment thereupon; or 
(ii) to renew, repair, cover, recover, trap, ventilate, pave and pitch, flush, 
cleanse or take such other action as the Commissioner may think fit 
to direct and to fill in, reinstate and make good ground, building or 
thing opened, broken up or removed for the purpose of such inspection 
and examination; and 
(b) without notice, close, fill up or demolish any drain by which sewage, 
offensive matter or polluted water is carried through, from, into or upon 
any premises in contravention of any of the provisions of this Act, and may 
also, forthwith and without notice, clear, cleanse or open out any drain 
which is choked, blocked or in any way obstructed; and the expenses 
incurred by the Commissioner in so doing shall be paid by such owners or 
occupiers and shall be recoverable as an arrears of tax under this Act". 
5. After section 171 of the principal Act, the following sections shall be inserted:— 
"Classification of 	 171A. (1) The Mayor-in-Council shall classify all public streets in 
public street. Howrah in one or other of the following categories:— 
(a) category I — arterial roads, 
(b) category II — sub-arterial roads, 
(c) category III — collector roads, 
(d) category IV — local roads, 
(e) category V — pedestrian pathways, and 
(f) category VI — footpaths. 
(2) The classification shall be done with due regard to the traffic rules of the 
particular public street and the nature and volume of traffic on it, its existing width, 
and abutting land uses: 
Provided that the different names of public streets which essentially constitute parts 
of a continuous traffic corridor shall not come in the way of their placement in any 
particular category. 
4 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 [PART III 
The Howrah Municipal Corporation 
(Amendment) Act, 2024. 
(Section 5.) 
(3) The Mayor-in-Council shall, specify the minimum widths of different 
categories of public streets without regard to the existing widths of such streets as 
may be included in such categories: 
Provided that the minimum width of any public street falling under category I or 
category II or category III or category IV shall not be less than ten metres including any 
public street falling under category VI and that of a public street falling under category 
V, not less than six metres: 
Provided further that such minimum widths may be revised by the Mayor-in-
Council at an interval of not less than five years. 
(4) The classification of the public streets in different categories may be revised 
from time to time. 
171B. If the owner of any land utilises, sells, leases out or otherwise 
disposes of such land or any portion or portions thereof as plots for the 
construction of buildings thereon, he shall lay down and make street or 
streets giving access to the plots into which the land may be divided and 
connecting such street or streets with any existing public or private street. 
171C. (1) Before utilizing, selling or otherwise disposing of any land 
under section 171B, the owner thereof shall send to the Commissioner a written 
application with a layout plan of the land showing the following particulars:— 
(a) the plots into which the land is proposed to be divided for the erection of 
buildings thereon and the purpose or purposes for which such buildings 
are to be used; 
(b) the reservation or allotment of any site for any street, open space, park, 
recreation ground, school, market or any other public purpose; 
(c) the intended level, direction and width of street or streets, including 
footpaths; 
(d) the regular line of street or streets; 
(e) the arrangements to be made for levelling, paving, metalling, flagging, 
channelling, sewering, draining, conserving and lighting street or streets. 
(2) The provisions of this Act and the rules and the regulations made thereunder as 
to the widths of public streets, including footpaths and the height of buildings abutting 
thereon shall apply in the case of streets referred to in sub-section (1), and all the 
particulars of a layout plan, referred to in that sub-section, shall be subject to the 
approval of the Mayor-in-Council. 
(3) Within sixty days of receipt of any application under sub-section (1), the 
Mayor-in-Council shall either accord approval to the layout plan on such conditions as 
it may think fit or disallow it or ask for further information with respect to it. 
(4) Such approval shall be refused— 
(a) if the particulars shown in the layout plan are in conflict with any 
arrangements which have been made or which are, in the opinion of the 
Mayor-in-Council, likely to be made for carrying out any general scheme 
of development of Howrah, whether or not such scheme is contained in the 
development plan or the development scheme of any authority under any 
law in force for the time being; 
Owner's 
obligation to 
make provision 
of street when 
land as building 
site. 
Lay out plan. 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 	 5 
The Howrah Municipal Corporation 
(Amendment) Act, 2024. 
Insertion of new 
section after 
section 173. 
Amendment of 
section 174. 
Insertion of new 
section after 
section 174B. 
(Sections 6— 8.) 
(b) if the layout plan does not conform to the provisions of this Act and the 
rules and the regulations made thereunder; or 
(c) if any street proposed in the layout plan is not so designed as to connect 
it at one end with a street which is already open. 
(5) No person shall utilize, sell or otherwise deal with any land or layout or make 
any new street without or otherwise than in conformity with the orders of the Mayor-
in-Council and, if further information is asked for, no step shall be taken to utilize, sell 
or otherwise deal with the land or to lay out or make the street until an order has been 
passed by the Mayor-in-Council upon receipt of such information: 
Provided that the passing of such order shall not, in any case, be delayed for more 
than sixty days after the Mayor-in-Council has received such information as it considers 
necessary to enable it to deal with the application.". 
6. After section 173 of the principal Act, the following section shall be inserted:— 
"Prohibition of 	 173A. No person shall erect or commence to erect any building or 
building without 
sanction plan. 	 execute any of the works specified under this Chapter except with the 
previous sanction of the Commissioner and in accordance with the provisions of this 
Chapter and of the rules and the regulations made under this Act in relation to such 
erection of building or execution of work and on payment of such fee as may be 
determined by the Corporation: 
Provided that in case of allowing incremental Floor Area Ratio over and above the 
prescribed limit of Floor Area Ratio in the prescribed manner, rate or fee or charge 
payable for additional Floor Area Ratio shall be decided in terms of "Circle Rates" of 
the State Government, and the formula for this purpose shall be finalised by the State 
Government, and all such additional rate or fees or charges to be collected on account 
of granting of additional Floor Area Ratio will be payable to the State Exchequer 
directly, and as may be decided by the State Government, a portion of the collected rate 
or fees or charges shall be allotted or transferred to the Corporation for undertaking 
developmental schemes.". 
7. To section 174 of the principal Act, the following proviso shall be added:— 
"Provided that the Corporation may also levy fees under this section with retrospective 
effect.". 
8. After section 174B of the principal Act, the following section shall be inserted:— 
"Submission of 	 174BA. (1) Notwithstanding anything contained in this Act, the 
on-fine building 
sanction plan. 	
Corporation may make it mandatory for submission of application for 
sanction of building plan through on-line either for all or any of the categories of 
buildings, or for construction of building in any specific area or the entire area within 
its jurisdiction, and the process of submission of on-line application shall commence 
on and from the date as may be notified by the State Government in consultation with 
the Corporation. 
(2) Upon issuance of notification by the State Government under sub-section (1), 
the provision of section 174 shall not be applicable to the categories of buildings or areas 
of the Corporation which have been notified by the State Government for implementation 
of this section. 
(3) For making provision of submission of on-line application under sub-section 
(1), the Corporation shall make wide publication in such manner, as may be prescribed. 
6 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 PART III 
The Howrah Municipal Corporation 
(Amendment) Act, 2024. 
(Sections 9, 10.) 
Insertion of new 
section after 
section 175D. 
Amendment of 
section 177. 
(4) All the applications in this section shall be submitted to the Commissioner in 
soft form along with soft copies of such documents and plans as may be prescribed, and 
the modalities for submission of on-line application forms together with fee under this 
section shall be such as may be prescribed.". 
9. After section 175D of the principal Act, the following section shall be inserted:— 
"Manner of 	 175E. (1) Corporation may integrate inter-sectional clearance (such processing the 
application 	 as tax clearance, title and mutation clearance) in the forum of Municipal submitted /or 
approval of the 	 Building Committee constituted under section 174A and the Municipal 
building plan. 	 Building Committee shall also act as a Single Window Authority for 
according sanction of the building plans. 
(2) After receipt of on-line application, the same shall be sent by the Corporation 
to all the concerned regulatory authorities, such as Fire and Emergency Services 
Department, Environment Department, wherever necessary, for parallel processing of 
such application. 
(3) In cases where plans have been submitted on-line under section 174BA, the 
plan shall not be deemed as sanctioned unless it is certified by the competent authority, 
as may be determined by the Corporation, that the said plan is duly uploaded. 
(4) Sanction or refusal to sanction the building plans submitted on-line under 
section 174BA shall be communicated on-line in such manner as may be prescribed.". 
10. After sub-section (8) of section 177 of the principal Act, the following sub-
section shall be inserted:— 
"(9) (a) Where the demolition of any heritage building or the erection of any 
building or the execution of any work has been commenced or is being carried on 
without or contrary to the sanction referred to in section 174 or section 174B or in 
contravention of any condition subject to which such sanction has been accorded or in 
contravention of any provisions of this Act or the rules or the regulations made 
thereunder, the Commissioner may, in addition to any other action that may be taken 
under this Act, by order, require the person at whose instance the building or the work 
has been commenced or is being carried on to stop the same forthwith. 
(b) (i) Notwithstanding anything contained elsewhere in this Act or in any rules 
or regulations made thereunder, no owner of any building, and no person 
engaged in the construction of any building on behalf of the owner thereof 
shall allow storage or stagnation of water in the site for the construction of 
such building. Every such owner or every such person, as the case may be, 
shall completely empty all collections of such water at least once in a week. 
Where the construction of a building is carried on in contravention of the 
provisions of clause (i), the Commissioner may, in addition to any other 
action that may be taken under this Act, by a written order, require the 
person at whose instance such storage or stagnation of water in the site for 
the construction of the building is made to stop forthwith any further 
construction of the building, and such order shall remain in force till the 
person as aforesaid complies with the requirements of the order as aforesaid 
to the satisfaction of the Commissioner. 
(c) If an order made by the Commissioner under sub-clause (ii) of clause (b) 
directing any person to stop the construction of any building is not complied with, the 
PART 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 	 7 
The Howrah Municipal Corporation 
(Amendment) Act, 2024. 
(Section 11.) 
Amendment of 
section 179. 
Commissioner may take such measures as he deems fit or may require any police officer 
to remove such person and all his assistants and workmen from the premises within such 
time as may be specified by the Commissioner and such police officer shall comply with 
such requirement. 
(d) No Court shall entertain any suit, application or other proceeding for injunction 
or other relief against the Commissioner to restrain him from taking any action or 
making any order in pursuance of the provisions of this section. 
(e) If an order, made by the Commissioner under sub-section (1) or under clause (a) 
of this sub-section directing any person to stop the erection of any building or the 
execution of any work, is not complied with, the Commissioner may take such measures 
as he deems fit or may require any police officer to remove such person and all his 
assistants and workmen from the premises within such time as may be specified by the 
Commissioner and such police officer shall comply with such requirement. 
(f) After the requirement under clause (e) has been complied with, the Commissioner 
may, if he thinks fit, depute, by a written order, a police officer or an officer or other 
employees of the Corporation to watch the premises in order to ensure that the erection 
of the building or the execution of the work is not continued. 
(g) Where a police officer or an officer or other employee of the Corporation has 
been deputed under clause (f) to watch the premises, the cost of such deputation to be 
determined by the Corporation by regulations shall be paid by the person at whose 
instance such erection or execution is being continued or to whom notice under clause (a) 
has been given and shall be recoverable from such person as an arrear of tax under this 
Act.". 
11. After sub-section (9) of section 179 of the principal Act, the following 
sub-sections shall be inserted:— 
"(10) (a) No person shall, without the previous permission in writing of the 
Commissioner or otherwise than in conformity with the conditions, if any, of such 
permission, use any premises in Howrah for the purpose of a hospital, nursing home, 
clinic, polyclinic, diagnostic laboratory or such other institutional medical facility as 
may be specified by the Mayor-in-Council from time to time. 
(b) The Commissioner may refuse to give such permission if he is of the opinion 
that the proposed premises is not suitable for the purpose as aforesaid in view of criteria 
of hygiene and environmental sanitation. 
(11) (a) No person shall, without the previous permission in writing of the 
Commissioner or otherwise than in conformity with the conditions, if any, of such 
permission, establish in any premises, or materially alter, enlarge or extend, any 
factory, workshop or trade premises in which it is intended to employ steam, electricity, 
water or other mechanical power: 
Provided that no such permission shall be granted in contravention of the provisions 
of sub-section (17) of this section. 
8 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 ART III 
The Howrah Municipal Corporation 
(Amendment) Act, 2024. 
(Section 1I.) 
(b) The Commissioner may refuse to give such permission if he is of the opinion 
that the establishment, alteration, enlargement or extension of such factory, workshop 
or trade premises in the proposed position— 
(i) would be objectionable by reason of density of population in the 
neighbourhood thereof, or 
(ii) would be a nuisance to the inhabitants of the neighbourhood, or 
(iii) would be in contravention of any land use control under this Act or any 
other law for the time being in force. 
(12) (a) No person shall, without the previous permission in writing of the 
Commissioner or otherwise than in conformity with the condition, if any, of such 
permission, use, or materially alter, enlarge, or extend the use of any premises as a 
warehouse or a godown or for running a goods transport business either by his own 
carriers or by arrangement with the owners of such carriers: 
Provided that no such permission shall be granted in contravention of the provisions 
of sub-section (17) of this section. 
(b) The Commissioner may refuse to give such permission if he is of the opinion 
that the use, or the alteration, enlargement or extension of the use, of any premises 
as a warehouse or a godown or for running a goods transport business— 
(i) would be objectionable due to the traffic constraints in the vicinity of 
such premises, or 
(ii) would be undesirable due to inadequate space for parking of vehicles or 
loading or unloading of goods, or 
(iii) would constitute a fire hazard, or 
(iv) would be a nuisance to the inhabitants of the neighbourhood. 
(c) In a case where such permission is granted, the Commissioner may specify such 
conditions for parking of vehicles or loading or unloading of goods as he may deem 
fit. 
(13) (a) No permission shall, without the written permission of the Commissioner 
or otherwise than in conformity with the conditions, if any, of such permission, use, or 
permit to be used, or materially alter, enlarge, or extend the use of, any premises for 
the purpose of establishing or keeping open an eating house, hotel, boarding houses, 
tea shop, coffee house, cafe, restaurant, refreshment room, snack shop, snack bar, 
sweet meat shop, liquor house, tavern, wine shop, beer shop, spirit shop, arrack 
shop, toddy shop, ganja shop, bhang shop, opium shop, tobacco shop, bidi shop, 
cigarette shop, zarda shop, betel shop or betel leaf masala shop or for the purpose of 
sale of dab or dab water or any place, where the public are admitted for repose or 
consumption of any food or drink or where food is sold or is prepared for sale for 
any such purpose, or any premises let out to any person for performance of any 
sacred thread, marriage, annaprasan or sradh ceremony or marriage or death 
anniversary or similar other ceremony: 
Provided that no such permission shall be granted in contravention of the provision 
of sub-section (17) of this section. 
PART nil 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 	 9 
The Howrah Municipal Corporation 
(Amendment) Act, 2024. 
(Section 11.) 
(b) The Commissioner may at any time cancel or suspend any permission under 
sub-section (1), if he is of the opinion that the premises covered by such permission are 
not kept in conformity with the conditions of such permission or the provisions of any 
rules or regulations made in this behalf, whether the person is prosecuted under this Act 
or not. 
(14) (a) No person shall, without the written permission of the Commissioner or 
otherwise than in conformity with the conditions, if any, of such permission, which 
shall be granted subject to the provisions under sub-section (17) of this section, use, 
or permit to be used, or materially alter, enlarge or extend the use of any premises 
for the purpose of establishing or keeping open any theatre, cinema house, drive-in 
theatre or cinema house, circus, fair, fete, exhibition or dancing hall, or any other 
place of similar public resort, recreation or amusement for any such purpose: 
Provided that nothing in this section shall apply to private performances in any 
place. 
(b) The Commissioner may specify any conditions for providing, within the 
premises, space for the vendors catering to the public needs in connection with such 
purposes. 
(15) (a) The Commissioner may, from time to time and with the prior approval of 
the Mayor-in-Council, notify that no new market or shop or trading premises shall 
be established or kept open to abut on a category I or category II or category III 
street or portion thereof, without his prior permission, which shall be subject to the 
provisions of sub-section (17) of this section. 
(b) The Commissioner may refuse to give such permission with due regard to the 
traffic constraints in the vicinity. 
(c) Notwithstanding the existence of any markets or shops on any such street, such 
refusal of the Commissioner shall be final. 
(16) (a) The Commissioner may, from time to time and with the prior approval of 
the Mayor-in-Council, notify such other non-residential uses of premises (including 
the one for an educational building or an institutional building or an assembly 
building or a business building or a mercantile building or an industrial building or 
a storage building or a hazardous building) as are not provided for in this Chapter 
and in the case of which prior permission of the Commissioner shall be necessary, 
subject to the provisions of sub-section (17) of this section, for establishing, or 
materially altering, or enlarging, or extending the use of, any such premises. 
(b) The Commissioner may refuse to give such permission in any case on the 
ground that such use,— 
(i) would be objectionable by reason of the density of population in the 
neighbourhood, or 
(ii) would add to the traffic constraints in the vicinity including parking 
spaces, for vehicles, or 
(iii) would not conform to other predominant uses in the neighbourhood, or 
(iv) would constitute a fire hazard, or 
(v) would be a nuisance to the inhabitants of the neighbourhood, or 
10 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 ART III 
The Howrah Municipal Corporation 
(Amendment) Act, 2024. 
(Section 12.) 
(vi) in the case of hospital or clinic would be harmful to the patients due to noise 
or an environment which poses a health hazard, or 
(vii) in the case of an educational building would deprive the students of 
playground facilities, or 
(viii) on any other similar ground. 
(c) Subject to any land use control under this Act or any other law for the time being 
in force, the Commissioner's decision in refusing permission under this section shall 
be final. 
(17) (a) In the case of any premises for the use of which a licence or permission 
is required from Government or any statutory body under any law for the time being in 
force, the Commissioner shall not grant any permission under this Act to any person 
until such person produces before the Commissioner the licence or the permission from 
Government or statutory body, as the case may be, and submits duly authenticated 
copies thereof to him: 
Provided that in the case where production of a municipal permission is a 
precondition for the grant of a licence or permission under any other law for the time 
being in force, the Commissioner may grant a provisional permission which shall 
become final upon production of a licence or permission under the said law: 
Provided further that such provisional permission shall have validity only for the 
purpose of fulfilling any precondition for the licence or the permission under any other 
law as aforesaid. 
(b) Notwithstanding anything contained in this Act, the Commissioner may, while 
granting permission under this Chapter, specify such special conditions, relevant to 
each case, regarding disposal of solid, liquid or gaseous wastes or for parking of 
vehicles or for loading or unloading of goods or for abatement of nuisance of any kind 
whatsoever as he deems fit.". 
Amendment of 
section 180C. 12. After sub-section (2) of section 180C of the principal Act, the following 
sub-sections shall be inserted:— 
"(3) The Commissioner or any other officer or employee of the Corporation or any 
person or persons or agents of the Corporation authorised by the Commissioner or 
empowered by or under this Act in this behalf may enter into or upon any land or 
building with or without assistants or workmen— 
(a) for the purpose of ascertaining whether there is or has been in connection 
with the land or the building any contravention of the provisions of this Act 
or the rules or the regulations made thereunder; 
(b) for the purpose of ascertaining whether or not circumstances exist which 
render it necessary for or require the Commissioner or any other officer or 
employee of the Corporation or any person or persons or agents the 
Corporation authorised or empowered in this behalf to take any action or 
execute any work under this Act or the rules or the regulations made 
thereunder; 
(c) for the purpose of taking any action or executing any work authorised or 
required by this Act or the rules or the regulations made thereunder; 
(d) to make such inquiry, inspection, examination, measurement, valuation or 
survey as may be authorised or required by or under this Act or necessary 
for the proper administration of this Act; 
PART Till 
	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 	 11 
The Howrah Municipal Corporation 
(Amendment) Act, 2024. 
(Section 12.) 
(e) generally for the purpose of efficient discharge of the functions by any of 
the authorities under this Act or the rules or the regulations made 
thereunder. 
(4) (a) The Commissioner or any person authorised by him or empowered by or 
under this Act, in this behalf may enter upon any land within one hundred metres of 
any work authorised by or under this Act with or without assistants or workmen for 
the purpose of depositing thereon any soil, gravel, stone or other materials or for 
obtaining access to such work or for any other purpose connected with the 
execution of the same. 
(b) 
Every person so authorised shall, before entering upon any such land state the 
purpose thereof, and shall if so required by the owner or the occupier thereof, fence off 
so much of the land as may be required for such purpose. 
(c) 
Every person as aforesaid shall, in exercising any power conferred by this 
section, do as little damage as may be, and compensation shall be payable by the 
Corporation in accordance with the rules or the regulations made under this Act in this 
behalf to the owner or the occupier of such land and or to both for any such damage, 
whether permanent or temporary. 
(5) (a) It shall be lawful for the Commissioner, or any person authorised by him 
or empowered by or under this Act, in this behalf to make any entry into, and to cause 
to be vacated, any place and to open or cause to be opened any door, gate or other 
barrier,— 
(i) if he considers the opening thereof necessary for the purpose of such 
entry; and 
(ii) if the owner or the occupier is absent or being present refuses to open 
such door, gate or barrier or to vacate such place. 
(b) 
Before making any entry into any such place or opening or causing to be opened 
any such door, gate or other bather, the Commissioner or the person authorised or 
empowered in this behalf shall call upon two or more respectable inhabitants of the 
locality in which the place to be entered into is situated to witness the entry or the 
opening and may issue an order in writing to them or any of them so to do. 
(c) 
A report shall be made to the Mayor-in-Council as soon as may be after any 
entry has been made into any place or any door, gate or other barrier has been opened 
under this section. 
(6) Save as otherwise provided in this Act or the rules or the regulations made 
thereunder, no entry authorised by or under this Act shall be made except between 
the hours of sunrise and sunset: 
Provided that if the Commissioner is satisfied that the erection of any building or 
the execution of any work has been commenced or is being carried on in contravention 
of the provisions of this Act in any premises between the period of sunset and sunrise, 
he may, if he considers it necessary so to do, enter such premises during such period 
accompanied by police officer to make an inspection thereof and take such action as 
may be necessary under this Act. 
12 	
THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 
Insertion of new 
section after 
section 180G. 
The Howrah Municipal Corporation 
(Amendment) Act, 2024. 
(Section 13.) 
(7) Save as otherwise provided in this Act or the rules or the regulations made 
thereunder, no land or building shall be entered without the consent of the occupier, 
or if there is no occupier, of the owner thereof and no such entry shall be made 
without giving such owner or occupier, as the case may be, not less than twenty-
four hours' written notice of the intention to make such entry: 
Provided that no such notice shall be necessary, if the land or the building to be 
entered is a factory or workshop or trade premises or place used for any of the purpose 
specified or stable for horses or shed for cattle or latrine or urinal or work under 
construction, or for the purpose of ascertaining whether any animal intended for human 
food is slaughtered on such land or in such building in contravention of this Act or the 
rules or the regulations made thereunder.". 
13. After section 180G of the principal Act, the following sections shall be inserted:— 
"Power to declare 	
180H. Notwithstanding anything contrary contained in this Act, or building or any 
Pan thereof 	
in any other law for the time being in force or in any agreement, condemned a nd 
ined ation 
nd to order 	 custom or usage or in any decree, judgement, decision or award of any of such building. 	
court, tribunal or authority, where it appears to the Commissioner that 
demolition of a dangerous building under section 180 will cause hardship to the persons 
in occupation of such building and may not be conducive to public interest in the urban 
area suffering from acute shortage of accommodation, it will be open to the Commissioner 
to proceed in the manner, and take the steps, as set out, hereunder — 
(i) issue a notice to the owner and also occupier recorded as such in the 
records of the Corporation calling upon them to show cause, within such 
period as may be prescribed, why the building in question or any portion 
thereof shall not be declared to be condemned for the purpose of this 
section and after hearing the causes shown within the said period or such 
further period as may be granted, if it is found necessary in public interest 
to declare the building or any portion thereof condemned and should be 
demolished immediately for public safety, the declaration may be made to 
that effect requiring the building or the specified portion thereof to be demolished; 
(ii) a copy of the declaration under clause (i) shall be served upon the owner 
and occupants who are recorded in the records of the Corporation as also 
pasted on the outdoor of the building requiring the owner and the 
occupants to vacate the premises within a month from the date of service 
and pasting of such declaration or within such extended period as may be granted; 
(iii) simultaneously with the making of the declaration under clause (ii), the 
Corporation will serve a notice upon the owner or owners, as the case may 
be, and paste it on the outdoor of the building providing an option to the 
owner or owners, as the case may be, of the building to reconstruct the 
building according to the plan to be sanctioned by the Corporation with 
such expedition as possible and providing for maximum floor area 
necessary for accommodating the erstwhile occupier or occupiers, as the 
case may be, and additional floors as may be required for recovery of the 
expenses for construction after relaxation of the applicable building rules. 
In the event, the owner or owners, as the case may be, so agreeing and 
applying, the Corporation shall allow a building plan submitted 
for the purpose to be sanctioned with additional floors and floor areas so 
as to provide for the recovery of the expenses to be incurred; 
[PART III 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 20, 2024 	 13 
The Howrah Municipal Corporation 
(Amendment) Act, 2024. 
Insertion of new 
section after 
section 1880. 
(Section 14.) 
(iv) in the event of disagreement or disinclination on the part of owner or 
owners, as the case may be, to avail of the opportunity contemplated under 
clause (iii), the owner or owners, as the case may be, keeping the building 
in dilapidated condition which may likely cause the environment pollution, 
fire hazards, unsafe to public safety, health hazards, nuisance etc. shall be 
subject to such action as provided in the law for the time being in force; 
(v) subject to the provisions of this section, the Corporation may cause 
development work in respect of the dilapidatedbuilding in such transparent 
manner, and on such conditions, as may be prescribed by Scheme, by the 
Corporation. 
Power to prevent 	 1801. (1) The Commissioner may, subject to the prior approval of the 
use of premises in 
particular areas. 	 Mayor-in-Council, give public notice of his intention to declare that 
in any area specified in the notice, no person shall use any premises for any purpose 
specified in such notice and for reasons stated therein. 
(2) Objections to any such notice shall be received within a period of one month 
from the publication of the notice. 
(3) The Commissioner shall consider all objections received within the period as 
aforesaid, giving any person affected by the notice an opportunity of being heard during 
such consideration, and may thereupon make a declaration in accordance with the 
notice published under sub-section (1), with such modifications, if any, as he may think 
fit in terms of the Act. 
(4) Every such declaration shall be published in the Official Gazette and in such 
other manner as the Commissioner may determine, and shall take effect from the date 
of its publication in the Official Gazette. 
(5) No person shall, in any area specified in the declaration published under 
sub-section (4), use any premises for any purpose specified in the declaration, and the 
Commissioner shall have the power to stop the use of any such premises by such means 
as he considers necessary.". 
14. After section 1880 of the principal Act, the following section shallbe inserted:—
"Commissioner 	 188P. (1) The Corporation may by regulations determine any class 
not to sanction 
building plan in 	 or classes of buildings in the cases of which the Commissioner shall 
certain cases 
except in 	 not sanction any building plan except in conformity with the regulations 
conformity with 
regulations for 	 framed by the Corporation for construction on the premises of 
solid wastes. receptacles for temporary deposit of solid wastes. 
(2) The Corporation may by regulations determine the types, materials of 
construction or designs on the basis of which such receptacles, trailers or other means 
for removal of solid wastes may be constructed and where these may be located in any 
premises, and the person applying for sanction of building plan shall be bound to 
construct the same accordingly. 
(3) Without prejudice to the generality of the foregoing provision, the Corporation 
shall by regulations specify the requirements for receptacles, trailers or other means for 
removal or for temporary deposit of solid wastes in premises used as— 
(a) markets, or 
(b) hotels or restaurants, or 
(c) hospitals or nursing homes, or 
The Howrah Municipal Corporation 
(Amendment) Act, 2024. 
(Section 15.) 
(d) factories registered under the Factories Act, 1948, or 
(e) buildings with a height of 18 metres or more.". 
15. After section 231 of the principal Act, the following section shall be inserted:— "ignature, 	
231A. (1) Whenever it is provided in this Act or the rules or the conditions, 
duration, 	 regulations made thereunder that a licence or a written permission suspension, 	 shall be signed revocation etc., of 	 by the Municipal Commissioner or by any other officer licences and 	 empowered to grant the same under this Act or the rules or the written 
ermissions. 	 regulations made thereunder or by any other officer of the Corporation 
authorised by the Municipal Commissioner or officer empowered as aforesaid in this 
behalf shall specify in addition to any other matter required to be specified under any 
other provision of this Act or the rules or the regulations made thereunder-- 
(a) the date of the grant thereof; 
(b) the purpose and the period, if any, for which it is granted; (c) restrictions or conditions, if any, subject to which it is granted; (d) the name and address of the person to whom it is granted; and (e) the fee, if any, paid for the licence or written permission. 
(2) Except as otherwise provided in the Act or the rules or the regulations made 
thereunder, for every such licence or written permission a fee may be charged at such 
rate as may from time to time be fixed by the Municipal Commissioner with the sanction 
of the Mayor-in-Council, and such fee shall be payable by the person to whom the 
licence or the written permission is granted. 
(3) Save as otherwise provided in this Act or the rules or the regulations made 
thereunder, any licence or written permission granted under this Act or any rules or 
regulations made thereunder may at any time be suspended or revoked by the Municipal 
Commissioner or the officer by whom it was granted, if he is satisfied that it has been 
secured by the grantee through misrepresentation or fraud, or if any of its restrictions 
or conditions has been infringed or evaded by the grantee, or if the grantee has been 
convicted for the contravention of any of the provisions of this Act or the rules or the 
regulations made thereunder relating to any matter for which the licence or permission was granted: 
Provided that before making any order of suspension or revocation, reasonable 
opportunity shall be accorded to the grantee of the licence or the written permission to 
show cause why it should not be suspended or revoked: 
Provided further that every such order shall contain a brief statement of the reasons 
for the suspension or the revocation of the licence or the written permission. 
(4) When any such licence or written permission is suspended or revoked, or when 
the period for which the same was granted has expired, the grantee shall, for the 
purposes of this Act or the rules or the regulations made thereunder, be deemed to be 
without a licence or written permission until such time as the order suspending or 
revoking the licence or the written permission is rescinded or until the licence or the 
written permission is renewed. 
(5) Every grantee of any licence or written permission granted under this Act shall, 
at all reasonable times while such licence or written permission remains in force, if so 
required by the Municipal Commissioner or by the other officers by whom it was 
granted, produce such licence or written permission.". 
Inser

Excerpt shown. Open the full act in Lexace.

‹ Prev All West Bengal acts Next ›