(1) If any difficulty arises in giving effect to the provisions of this Act or in transition to the provisions of this Act, the State Government may, as occasions may require, by order, do or cause to be done anything which may be necessary for removing the difficulty.
(2) An order under sub-section (1) may be made so as to be retrospective to any date not earlier than the date or commencement of this Act.
The Howrah Municipal Act, 1965.
[West Ben. Act (Schedule A.)
SCHEDULE A.
"Howrah" [See section 2(5).]
"Howrah" is the area included within the following boundaries : — Boundaries A line drawn eastward from the point where the eastern edge of the Eastern Railway meets the Bally Khal along the southern bank of the said Khal to the point where it meets the river Hooghly; thence southward along the western bank of the river Hooghly and westward along its northern bank to the point where it meets the eastern boundary of mouza Podra in Sankrail police-station; thence northward along the western boundary of mouza Goaberia to the point where it meets the western boundary of mouza Thanamakua —both in Sankrail police-station ; thence northward along the western boundary of mouza Thanamakua to the point where it meets the southern boundary of mouza Sultanpur in Jagacha police-station; thence westward along the southern boundaries of mouzas Sultanpur and Unsani in Jagacha police-station to the point where it meets the eastern boundary of mouza Puilya in the same police-station; thence westward along the southern boundary of mouza Puilya to the point where it meets the western boundary of the same mouza; thence northward along the western boundary of mouza Puilya to the point where it meets the western boundary of mouza TJnsani; thence northward along the western boundary of mouza Unsani to the point where it meets the northern boundary of the same mouza; thence eastward along the northern boundary of mouza Unsani to the point where it meets the western boundary of mouza Jagacha.
in Jagacha police-station; thence northward along the western boundaries of mouzas Jagacha, Dharsa and Baltikuri in the same police-station to the point where it meets the northern boundary of the last named mouza; thence eastward along the northern boundary of mouza Baltikuri to the point where it meets the southern boundary of mouza Chakpara in Bally police-station; thence eastward along the southern boundary of mouza Chakpara to the point where it meets the eastern boundary of the same mouza ; thence northward along the eastern boundary of mouza Chakpara to the point where it meets the southern boundary of mouza Bally in Bally policestation ; thence eastward along the southern • boundary of mouza Bally to the point where it meets the eastern edge of the Eastern Railway ; thence northward along the eastern edge of the Eastern Railway to the point where it meets the southern bank of the Bally Taal.
The Howrah Municipal Act, 1965.
XVII of 1966.]
(S,cheduie B.)
SCHEDULE B.
(See section, 6.)
Modifications of the Calcutta Municipal Act, 1951.
In the Calcutta Municipal Act, 1951,-
1. sub-sections (2) and (3) of section 1 shall be omitted,
2. sections 2 to 4 shall be omitted;
3. in section 5,—
(a) clause (11) shall, be omitted;
(b) in clause (25),
(i) for sub-clause (a), the following sub-clause shall be substituted, namely "(a) for washing carriages, where such carriages are kept for sale or hire," ;
(ii) sub-clauses (f) and (g) shall be omitted;
4. sections 7 and 8 shall be omitted;
5. in sub-section (X) of section 9, for the words, figure and letter "section 7, clause (h)", the words, figures and letter "clause (b) of sub-section (1), of section 4 of the Howrah Municipal Act, 1965," shall be substituted;
6. in section 13A,—
(a) clause (a) shall be omitted,
(b) in clause (b),— (t1) for the words "ten rupees", the words "twenty rupees" shall be substituted, and
(ii) for the words "fifty rupees", the words "one hundred rupees" shall be substituted;
7. in sub-section (1) of section 15, for the word "twelve", the word "ten's shall be substituted;
8. in clause (a) of sub-section (1) of section 16, the words and figure ."in Schedule V" shall be omitted ;
9. in section 20, for the words "three thousand", the words "two thousand" shall be substituted;
10. in sub-section (1) of section 27, for the word "twelve", the word "ten" shall be substituted;
11. in sub-section (1) of section 27A, for the word "twelve", the word "ten" shall be substituted;
12. in section 34,—
(a) after the words and figures "section 516,", the word "or" shall be inserted;
8 The Motorail, Municipal Act, 1965.
[West Ben. Act (Schedule B.)
(b) the words and figures "or section 600" shall be omitted;
(c) in clause (e) of the proviso, for the words "five thousand rupees" occurring at two places, the words "one thousand rupees" shall be substituted;
13. after clause (ee) of sub-section (1) of section 55, the following clause shall be inserted, namely :— "(eee) is the President of the Tribunal of the Board of Trustees for the Improvement of Howrah or an Assessor to that Tribunal, or a Judge of a Civil Court in Howrah; or";
14. in sub-section (1) of section 57, for the words "two hundred and fifty rupees", the words "one hundred and fifty rupees" shall be substituted;
15. in clause (i) of the proviso to section 68,—
(a) for the words "Chief Judge of the Small Cause Court of Calcutta", the words "District Judge of Howrah_" shall be substituted; and
(b) for the words "application to the Chief Judge", the words "application to the District Judge" shall be substituted;
16. in section 73—
(a) in sub-section (1), for the words "Chief Judge, Small Cause Court of Calcutta", the words "District Judge of Howrah" shall be substituted; and
(b) in sub-section (2), for the words "Chief Judge", the words "District Judge" shall be substituted;
17. in section 74—
(a) in sub-section (1), for the words "Chief Judge, Small Cause Court,", the words "District Judge" shall be substituted; and
(b) in sub-section (2), for the words "Chief Judge", the words "District Judge" shall be substituted;
18. in sub-section (1) of section 75, for the words "Chief Judge, Small Cause Court,", the words "District Judge" shall be substituted;
19. section 77 shall be omitted;
20. in section 108—
(a) in the marginal note, for the word "twenty-five"- the word "ten" shall be substituted;
(b) for the word "twenty-five", the word "ten" shall be substituted; and The Howrah Municipal Act, 1935. 9 XVII of 1965.]
(Schedule B.)
(c) in the proviso, for the word "five", the word "two" shall be substituted;
21. in section 108A—
(a) in the marginal note,—
(i) for the word "twenty-five", the word "ten" shall be substituted;
(ii) for the words "one lakh", the words "fifty thousand" shall be substituted;
(b)(i) for the words "twenty-five thousand rupees", the words "ten thousand rupees" shall be substituted ;
(ii) for the words "one lakh of rupees", the words "fifty thousand rupees" shall be substituted;
22. in section 109,—
(a) in the marginal note, for the words "one lakh", the words "fifty thousand" shall be substituted;
(b) in sub-section (1), for tt.e words "one lakh of rupees", the words "fifty thousand rupees" shall be substituted; and in clause (a) of sub-section (2), for the word "five", the words "two and a half" shall be substituted;
23. in sub-section (1) of section 110,—
(a) in clause (d), for the words "one lakh of rupees", the words "fifty thousand rupees" shall be substituted ; and
(b) in clause (e), for the words ''exceeding ten thousand rupees and not exceeding one lakh of rupees", the words "exceeding five thousand rupees and not exceeding twenty-five thousand rupees" shall be substituted;
24. in section 116, for the words "the account of the Municipal Fund of the City of Calcutta", the words "the account of the Municipal Fund of . Howrah" shall be substituted;
25. sections 123 and 124 shall be omitted;
26. in sub-section (1) of section 125, the words "in Calcutta" shall be omitted;
27. in section 133, for the words "Municipal Corporation of the City of Calcutta", the words "Municipal Corporation of Howrah" shall be substituted;
28. sections 142 and 143 shall be omitted;
10 The Howrah, Municipal Act, 1965.
[west Ben. Act "(Schedule B.)
29. in sub-section (1) of section 144, for the words "Calcutta Municipal Consolidated Loan", the words "Howrah Municipal Consolidated Loan" shall be substituted;
30. in sub-section (1) of section 146,—
(a) at the end of clause '(e), ;the word "or" shall be inserted ;
(b) after clause (e), the following clauses shall be inserted, namely :— "(f) Howrah Municipal Debentures, or
(g) debentures issued by the Trustees for the Improvement of Howrah," ; •
31. in sub-section (1) of section 147, for the words "Corporation of Calcutta", the words "Corporation of Howrah" shall be substituted ;
32. in the second paragraph of sub-section (2) of section 151, for the words "Calcutta Municipal Debentures", the words "Howrah Municipal Debentures" shall be substituted ;
33. in sub-section (1) of section 152, for the words "by the Corporation from the State Government whether before or after the commencement", 'the words "from the State Government by the Commissioners of the municipality of Howrah or Bally, as the case may be, before the commencement, or by the Corporation after the commencement," shall be substituted;
34. for the Explanation to section 160, the following
Explanation shall be substituted, namely :— '4Eoplanation.—In this section, the expression 'the Civil Court' means 'the Court of the Subordinate Judge of Howrah'." ;
35. in section 165,—
(1) in sub-section (1), after the existing_ proviso, the following further proviso shall be added, namely : — "Provided further that where any area included in Howrah was included within a Union Board or a Panchayat immediately before the commencement of the Howrah Municipal Act, 1965, the graduated consolidated rate upon lands and buildings in such area shall not during a period of ten years from the date of constitution of the 'Corporation exceed one-half of the maximum percentages mentioned in clauses (i) to (iv).";
The Howrah Municipal Act, 1965. 11 Ben. Act V of 1911.
West Ben.
Act XIV of 1956.
XVII of 1965.]
:(Schedule B.)
(2) in sub-section (2), in clause (a), for the words "Board of Trustees for the Improvement of ,Calcuitta", the words "Board of Trustees for the Improvement Of Howrah" shall be substituted;
3t1. in section 169,—
(a) in the first paragraph,—
(i) for the words "Board of Trustees f,,.7 the Improvement of Calcutta", the words "Board of Trustees for the Improvement of Howrah" shall be substituted;
(iii) for the words, figures and letter "section 35D of the Calcutta Improvement Act, 1911,", the words and figures "sub-section (2) of section 83 of the Howrah Improvement Act, 1956" shall be substituted;
0) in the Explanation,— '(g) in clause (a), for the words "Calcutta Improvement Act, 1911,", occurring at two places, the words "Howrah Improvement Act, 1956," shall be substituted; and
(ii) in clause (c), for the words and figures "section 54 or section 55 of the Calcutta Improvement Act, 1911,", the words and figures "section 54 of the Howrah Improvement Act, 1956."
shall be substituted;
37. in section 172,—
(1) for sub-section (1), the following sub-section shall be substituted, namely "(1) The valuation of any land or building situated in the several wards, which has been made before the date of the constitution of the Corporation and which is in force on such date, shall remain in force and be deemed to be the valuation for the purpose of assessment of consolidated rate on such land or building under this Act until a fresh valuation is made under this Act." ;
(2) sub-section (2A) shall be omitted;
(3) in sub-section (3),—
(0) in clause (1),—
(1) for the words "Board of Trustees for the Improvement of Calcutta", the words "Board of Trustees for the Improvement of Howrah" shall be substituted;
12 • The HolOrah Municipal Act, 1965.
[West Ben. Act (Schedule B.)
(ii) for the words, figures and letter "section 35D of the Calcutta Improvement Act, 1911", the words and figures "sub-section (2) of section 33 of the Howrah Improvement Act, 1956" shall be substituted;
(1)) in clause (g),—
(i) for the words "Board of Trustees for the Improvement of Calcutta", the words "Board of Trustees for the Improvement of Howrah" shall be substituted;
(ii) for the words, figures and letter "section 35D of the Calcutta Improvement Act, 1911", the words and figures "sub-section (2) of section 33 of the Howrah Improvement Act, 1956" shall be substituted;
(iii) in sub-clause (i), for the words and figures "Calcutta Improvement Act, 1911", the words and figures "Howrah Improvement Act, 1956" shall be substituted;
(c) in the Explanation., for the words and figures "Calcutta Improvement Act, 1911", the words and figures "Howrah Improvement Act, 1956" shall be substituted; and
(4) after sub-section (4), the following sub-section shall be added, namely: — "(5) Any agency appointed by the State Government under sub-section (2) shall be paid monthly out of the Municipal Fund at such rate as may be fixed by the State Government." ;
38. in section 183, for the words "Court of Small Causes" wherever they occur, the words "subordinate Judge" shall be substituted;
39. sections 224 to 228 shall be omitted;
40. in clause (a) of section 233, for the words "Corporation of Calcutta", the words "Corporation of Howrah" shall be substituted;
41. in sub-section (2) of section 243, the words "of Calcutta" shall be omitted;
42. sub-section (3) of section 251 shall be omitted;
43. for section 264, the following section shall be substituted, namely:— " Corporation to 264. The Corporation shall provide provide supply a supply of filtered water in all of filtered water. parts of Howrah.";
Ben. Act V of 1911.
West Bea.
Act XIV of 1956.
•The Howrah Municipal Act, 1965. 13 XVII of 1965.]
(Schedule B.)
44. in section 267, for the words `"`On all distribution pipes in the unfiltered water system and, if the Corporation so directs, also in the filtered water system, suitable hydrants stall", the words "On the distribution pipes in the filtered water system, suitable hydrants may" shall be substituted;
45. for section 268, the following section shall be substituted, namely : — "Pressure of 268. The supply of filtered water supply. in the municipal mains in Howrah shall be continuous and shall be maintained at such pressure as the Corporation may fix." ;
46. in section 270,—
(a) in sub-section (1), for the words and figures "sections 264, sub-section (2), and 281", the words and figures "sections 271 and 281" shall be substituted;
(b) the proviso 'to sub-section (2) shall be omitted;
47. for section 271, the following section shall be substituted, namely :— "use of filtered 271. Notwithstanding anything water for public contained elsewhere in this Act, purposes.
filtered water may be used for the public purposes, such as—
(a) street-watering,
(b) flushing of municipal drains, public privies and urinals, gully pits and hackneycarriage stands, and
(c) extinguishing fire, and shall also be used for such other public purposes as the Corporation may direct." ;
48. in section 274,— .cc) the words ",together with a sufficient supply of unfiltered water, for flushing privies, urinals and drains within the. premises, for cleansing garages, stables, cattle-sheds and sheds within the premises which are occupied by animals not kept for profit or hire and for washing the vehicles, and animals kept therein which are not kept for profit or hire" shall be omitted,;
14 The Howrah Municipal Act, 1965.
[West Ben. Act Ben. Act III of
1923.
Ben. Act XV of
1932.
(Schedule B.)
(b) .for the proviso, the following proviso shall be substituted, namely :— "Provided that in no masonry building directly connected with the municipal water-supply shall the free allowance of filtered water be less than one hundred and fourteen or more than two hundred and twenty-five litres per head per day, calculated upon the ordinary number of inmates of the building, as determined by the Commissioner." ;
49. in section 275, the words "and unfiltered" shall be omitted;
50. in sub-section (1) of section 276, the words "and a sufficient supply of unfiltered water for the purposes specified in section 271, sub-section (2)" shall be omitted;
51. sub-section (2) of section 280 shall be omitted;
52. in section 281,—
(a) in sub-section (1),—
(i) for the words ''`unfiltered water for purposes other than those specified", the words "for purposes other than those referred to" shall be substituted;
(ii) the proviso to sub-section .(;1) shall be omitted;
(b) in sub-section (4), the words "or unfiltered" shall be omitted;
53. section 282 shall be omitted;
54. sob-section (61). of section 294 shall be omitted;
55. in section 299, the words l'and unfiltered" shall be omitted;
56. in sub-section (1) of section 327, for the words "under this Act", the words and figures "under the Calcutta Municipal Act, 1923, as in force in the municipality of Howrah or under the Bengal Municipal Act, 1932, or under this Act" shall be substituted;
57. in sub-section (2) of section 330, for the words and figures "under the Calcutta Municipal Act, 1923, or under this Act", the words and figures "under the Calcutta Municipal Act, 1923, as in force in.
the municipality of Howrah or under the Bengal Municipal Act, 1932, or under this Act" shall be substituted;
58. in sub-section (2) of section 337, for the words and figures. "section 6 of the Presidency Small Cause Courts Act, 1882, or section 25 of the Provincial small Cause Courts Act, 1887, as the case may be,", the words "section 25 of the- Provincial Small Cause Courts Act, 1887," shall be substituted;
The Howrah Alitnicipal Act, 1965. 15 XVII of 1965.]
(Schedule B.)
59. in sub-section (1) of section 349,—
(a) for the words "or the Board of Trustees for the Improvement of Calcutta", the words ", the Board of Trustees for the Improvement of Calcutta or the Board of Trustees for the Improvement of Howrah" shall be substituted,
(b) for the words "situated in Calcutta", the words "situated in Howrah" shall be substituted;
60. in sub-section (1) of section 357, after the words and figures "provisions of the Calcutta Municipal Act, 1923, or the Calcutta Municipal Act, 1899,", the words and figures "as in force in the municipality of Howrah, or under the provisions of the Bengal Municipal Act, 1932," shall be inserted;
61. in clause (a) of sub-section (1) of section 382, for the words and figures "the Calcutta Municipal Act, 1923, or which is existing from before the commencement of the Calcutta Municipal Act, 1923, or", the words and figures "the Calcutta Municipal Act, 1923; as in force in the municipality of Howrah, or the Bengal Municipal Act, 1932, or which is existing from before the commencement of the Calcutta Municipal Act, 1923, as in force in Howrah, or the Bengal Municipal Act, 1932, or" shall be substituted;
62. in the proviso to sub-section (1) of section 385, after the words and figures "the Calcutta Municipal Act, 1923,", the words and figures "as in force in the municipality of Howrah, or under the Bengal Municipal Act, 1932," shall be inserted:
63. in section 526,—
(a) after clause (xiii), the following clause shall be anserted, namely : — "(xiiia) the payment, with the previous approval of the State Government, of grants to colleges or other educational institutions imparting higher education;";
(b) in clause (spiv), the words "above the age specified in section 124" shall be omitted;
64. in section 527,—
(a) clause (2) shall be omitted;
(5) in clause (3), the words "carts and" shall be omitted;
65. in sub-section (1) of section 532, the words and figures "except Schedule I" shall be omitted;
16 The Howrah Municipal Act, 1965. • [West Ben. Act (Schedule B.)
66. in the table under section 537,—
(a) the entry "Section 224, sub-section (4)." in column 1 and the corresponding entries in columns 2, 3 and 4 shall be omitted,
(b) the entry "Section 224, sub-section (5)." in column 1 and the corresponding entries in columns 2, 3 and 4 shall be omitted,
(c) the entry "Section 228, sub-section (1)." in column 1 and the corresponding entries in columns 2, 3 and 4 shall be omitted,
(d) the entry "Section 228, sub-section (3)." in column 1 and the corresponding entries in columns 2, 3 and 4 shall be omitted,
(e) the entry "Section 271, sub-section (3)." in column 1 and the corresponding entries in columns 2, 3 and 4 shall be omitted, the entry "Section 600, sub-section (1), clause
(a)." in column 1 and the corresponding entries in columns 2, 3 and 4 shall be omitted, the entry "Schedule XIII, rule 2, sub-rule (1)," in column 1 and the corresponding entries in columns 2, 3 and 4' shall be omitted;
(g)
(f)
67. in sub-section (1) of section 576,— in the first paragraph, for the words "the Presidency Small Cause Courts Act, 1882, or the Provincial Small Cause Courts Act, 1887, as the case may be", the words "the Provincial Small Cause Courts Act, 1887" shall be substituted;
(b) in the second paragraph, for the words "Presidency Small Cause Courts Act, or of the said Provincial Small Cause Courts Act, as the case may be,", the words "Provincial Small Cause Courts Act," shall be substituted;
68. in the proviso to sub-section (1) of section 577, for the words "the Presidency Small Cause Courts Act, 1882, or the Provincial Small Cause Courts Act, 1887, as the case may be,", the words "the Provincial Small Cause Courts Act, 1887," shall be substituted;
69. section 578A shall be omitted ;
70. in sub-section (2) of section 579, the words "and when functioning within the Presidency-town of Calcutta or within the limits of the port of Calcutta shall be deemed to be Presidency Magistrates for the purposes of the Code of Criminal Procedure, 1898" shall be omitted;
(a) The Howrah, Municipal Act, 1965. 17 [XVII of 1965.
(Schedule B.)
71. sections 589, 590 and 591 shall be omitted;
72. in sub-section (3) of section 592, for the words and figure "Schedule I to this Act", the words and letter "Schedule A to the Howrah Municipal Act, 1965," shall be substituted;
73. sections 594 and 595 shall be omitted:
74. in section 596,— ,(a) in sub-section (1), for the words "and the Commissioner of Police, Calcutta and their", the words "and his" shall be substituted, and
(b) in sub-section (3), the words "or the Commissioner of Police, Calcutta," shall be omitted;
75. sections 598 to 601, 608, 608A, 609, 611, 614 and 615 shall be omitted;
76. Schedule I shall be omitted;
77. in the table in Schedule IV,—
(a) entries in columns 2 and 3 against serial No. 1 in column 1 shall be omitted,
(h) in the entry in column 2 against serial No. 2 in column 1, the words "but is not included in Class I" shall be omitted, serial Nos. 66, 87, 109 and 127 in column 1 and the corresponding entries relating thereto in columns 2 and 3 shall be omitted;
78. Schedule V shall be omitted;
79. in VIII,—
(a) for the words "Corporation Df Calcutta demands", the words "Corporation of Howrah demands" shall be substituted,
(b) for the words "Commissioner, Calcutta Corporation", the words "Commissioner, Howrah Corporation" shall be substituted;
80. in Schedule IX, for the words "Commissioner, Calcutta Corporation", the words "Commissioner, Howrah Corporation" shall be substituted;
81. in Schedule XIII,—
(a) rule 2 shall be omitted,
(b) in rule 4,—
(i) the words "or unfilterr hall be omitted;
(ii) in the second column 6/. the table, the subheading "Unfiltered water." and all entries thereunder shall be omitted;
kc) A§ 149 fitoim?z, 44q:170;fiPq 4,A west Ben. Act Xypi pt (Sae/A1k R.)
(c) in. sub-rule (1) of rule 7, the words "or unfiltered" shall be pmitted;
82. in Schedule XIV,—
(a) in sub-rule (3) of rule 20, the word "unfiltered" shall be omitted;
(b) in the proving to sub-rule (4) of rule 30, the word "unfiltered" shall be omitted ;
83. Schedule XXIII shall be omitted.
1VBGP066/7-0,14.-511'!
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