GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act X of 1992 West Ben. Act LVIII of
1980. West Ben. Act XIV of
1956. West Ben. Act XIII of
1979. THE HOWRAH MUNICIPAL CORPORATION (AMENDMENT) ACT, 1992. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 4th May, 1992.] [4th May, 1992.] An Act to amend the Howrah Municipal Corporation Act, 1980. WHEREAS it is expedient to amend the Howrah Municipal Corporation Act, 1980, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Forty-third 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, 1992.
(2) This section and section 2 shall come into force at once; sections 4 and 7 shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and the remaining provisions of this Act shall be deemed to have come into force on the 1st day of April, 1990.
2. In clause (b) of sub-section (1) of section 5 of the Howrah Municipal Corporation Act, 1980 (hereinafter referred to as the principal Act), for sub-clause the following sub-clause shall be substituted:— "(ii) the other shall be the Chairman of the Board of Trustees for the Improvement of Howrah, constituted or reconstituted -Under the Howrah Improvement Act, 1956, or, when the Board is superseded under section 184 of that Act, an officer deethed to be employed by the Calcutta Metropolitan Development Authority under clause (f) of sub-section (1) of section 184A of that Act, read with sub-section (1) of section 17 of the West Bengal Town and Country (Planning and Development) Act, 1979 (hereinafter referred to as the Metropolitan Authority), who shall be nominated by the Metropolitan Authority and shall hold office as Councillor from the date of his nomination as Councillor till the reconstitution of the Board, ex officio, and". Short title and commencement. Amendment of section 5 of West Ben. Act LVIII of
1980. 107 The Howrah Municipal Corporation (Amendment) Act, 1992. [West Ben. Act (Sections 3, 4.) Amendment of Part IV. Amendment of section
220.
3. In Part IV of the principal Act,—
(a) for the heading "Taxation", the heading "Taxation and application fee for enlistment" shall be substituted;
(b) in sub-section (1) of section 87, clause (b) shall be omitted;
(c) in Chapter VIII, for the sub-heading "F. Tax on professions, trades and callings", the sub-heading "F. Application fee for enlistment of professions, trades and callings" shall be substituted and, under the sub-heading as so substituted, for section 102, the following section shall be substituted:— "Certificate of 102. (1) Every person engaged or intending to be enlistment for profession, trade engaged in any profession, trade or calling in Howrah and calling. as mentioned in Schedule HI, either by himself or by an agent or representative, shall obtain a certificate of enlistment or get the same renewed annually, as the case may be, from the Commissioner upon presentation of an application together with such application fee, not exceeding rupees ten, as may be determined by the Corporation:
Provided that such enlistment or renewal thereof shall not absolve such person from any liability to take out any licence under this Act or any other law for the time being in force.
(2) The Commissioner shall, after making such enquiry as may be necessary and within thirty days of the receipt of the application, grant him such crtificate if the application is in order, or shall reject the application if it is not in order.".
4. Section 220 of the principal Act shall be renumbered as subsection (1) of that section, and after sub-section (1) as so renumbered, the following sub-sections shall be inserted:— "(2) Notwithstanding anything contained in sub-section (1) of this section or in section 102 or elsewhere in this Act, within a period of six months from the date of coming into force of section 4 of the Howrah Municipal Corporation (Amendment) Act, 1992 (hereinafter in this sub-section referred to as the said date), every person engaged on the said date in any profession, trade or calling in Howrah as mentioned in Schedule III, either by himself or by an agent or representative, shall obtain the certificate of enlistment referred to in sub-section (1) of section 102 in respect of the period from the 1st April, 1990 till the date immediately before the said date in accordance with the provisions of section 102 and the rules, if any, made under section 215. 108 The Howrah Municipal Corporation (Amendment) Act, 1992. X of 1992.] (Sections 5-7.)
(3) Whoever commits any offence by contravening the provisions of sub-section (2) shall be punished with fine in accordance with the provisions of this section.".
5. In section 117 of the principal Act, in the proviso to sub- Amendment section (1), clause (a) shall be omitted. of section 117.
6. In Schedule III of the principal Act,— Amendment of Schedule
(a) for the heading "Rates of tax on Professions, Trades and Callings.", the heading "Professions, Trades and Callings." shall be substituted;
(b) Column (3), namely, "Classes.", and the entries in that column shall be omitted;
(c) Column (4), namely, "Rate of annual tax.", and the entries in that column shall be omitted.
7. In Schedule V of the principal Act, after the entry "Section 77, sub-section (3)" in column 1 headed "Section and sub-section, clause or proviso" and the corresponding entries in column 2 headed "Subject" and column 3 headed "Maximum fine or imprisonment that may be imposed", the following entries in columns 1, 2 and 3 shall respectively be inserted:— Amendment of Schedule V. "Section 102, sub-section (1). Failure to take out certificate of enlistment. One thousand rupees.". 109 Page 1 Page 2 Page 3