(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the State Government may, subject to such conditions as it may think fit to impose, transfer, by an order, published in the Official Gazette, to a Municipality any such functions and duties relating to Government under any law which the State Legislature is competent to enact, or which is otherwise within the executive power of the State, and appear to relate to matters arising within a municipal area being of an administrative character, and shall, on such transfer, allot to the Municipality such fund and personnel as may be necessary to enable the Municipality to discharge the functions and duties so transferred.
(2) Without prejudice to the generality of the provisions of subsection (I), the State Government may transfer to the Municipality such functions and duties as are performed by the departments of the State Government on any of the following matters:—
(a) town and country planning;
(b) urban development;
(c) water supply and sanitation;
(d) transport system including regulation of traffic terminus;
(e) employment schemes and programmes;
(0 health and family welfare;
(g) relief and social welfare including social security schemes and programmes;
(h) public works including road construction and housing;
(i) cottage and small-scale industries, business and services including programme for skill development;
(j) education including primary education, audit education, vocational education, social education, non-formal education, audiovisual education and library services;
Transfer of functions of State Government.
241 The West Bengal Municipal Act, 1993.
[West Ben. Act (Part IL—The Municipal Areas.—Chapter VI —Powers and Functions.—Section 66.—Pan ILL—Finance.— Chapter VIL—Municipal Fund.—Sections 67, 68.)
Power to transfer any function of Municipality under the Act to any organisation.
Municipal Fund.
Custody of Municipal Fund.
(k) food and supplies including rationing and distribution;
(1) civil defence;
(m) fire protection and fire fighting;
(n) sports and youth services;
(o) welfare of the Scheduled Castes and the Scheduled Tribes;
(p) environmental safety and improvement;
(q) social forestry and plantation programme.
(3) Where any function or duty under any law is so transferred, such law shall have effect as if this section had formed a part of such law, and thereupon such law shall be deemed to have been amended accordingly.
66. Notwithstanding anything contained in this Act or in any other law for the time being in force, the Municipality may, if it is of opinion that it is necessary so to do in the public interest, transfer, with the prior approval of the State Government, any function or functions of the Municipality under this Act to any organisation, including a Government organisation, in such manner, and on such terms and conditions, as may be prescribed.
Explanation.—"Government organisation" shall mean an organisation maintained or managed by the State Government.
PART III FINANCE
CHAPTER VII Municipal Fund.
67. There shall be constituted for each Municipality a fund to be called Municipal Fund to be held by the Board of Councillors in trust for the purposes of this Act, and all moneys realised or realisable under this Act and all moneys otherwise received by the Municipality shall be credited thereto.
68. All moneys received on account of the Municipal Fund shall be paid into a Government treasury or into any bank in the municipal area, and shall be credited to an account to be called the account of the Municipality to which they belong:
Provided that the Chairman-in-Council may invest moneys not required for immediate use, either in Government securities or in any other form of security which may be approved by the State Government or in fixed deposit in the State Bank of India or in any nationalised bank or State Co-operative Bank, or in any other form as the State Government may direct.
242 The West Bengal Municipal Act, 1993.
XXII of 1993.]
(Part 111.—Finance.—Chapter V11. Municipal Fund.— Sections 69-72.)