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Section 71

The West Bengal Municipal Act, 1993State Act of West Bengal · Act 22 of 1993

(1) The State Government may, from time to time, give grants Financial assistance or financial assistance to a Municipality with or without direction as to from the the manner in which the sum shall be applied. State Government.

(2) The State Government may also lay down a pattern for distribution of such grants or assistance which may include the conditions of release of grants and classification of municipalities for the purpose.

9 of 1914. 72. (1) Subject to the provisions of the Local Authorities Loans Loans.

Act, 1914, the Municipality may, with the prior permission of the State Government, obtain loan from any public financial institution or any nationalised bank or such other lending institution as the State Government may approve in this behalf, and the State Government may, if it considers so necessary, stand as the guarantor for payment.

243 Power to incur expenditure beyond the limits of a municipality.

The West Bengal Municipal Act, 1993.

[West Ben. Act (Part 111—Finance.—Chapter VIL—Municipal Fund.—Section 73.— Chapter V111.—Municipal Property.—Sections 74, 75.)

(2) The State Government may advance from the public funds or stand as guarantor for funds from any financial institution on the security of the Municipal Fund and, in the case of a joint scheme, on the security of the Municipal Fund and the fund of other local authorities, if any, to provide for the cost of installation or maintenance relating to any project or scheme for civic services and such advance shall be recoverable under the Local Authorities Loans Act, 1914 and the rules made 9 of 1914.

thereunder.

(3) The State Government may require the Municipality to observe such financial discipline in the matter of debt servicing, including creation of a sinking fund, as the State Government may think fit and proper and, in doing so, the State Government may prescribe different sets of rules for observance by different groups of Municipalities.

73. Notwithstanding anything contained elsewhere in this Chapter, the Board of Councillors may, with the approval of the State Government, authorise expenditure to be incurred beyond the limits of a municipal area for creation of physical assets outside the limits of such municipal area as well as for maintenance thereof for carrying out the purposes of this Act.

CHAPTER VIII Municipal Property.

Power to acquire and hold property.

Vesting of property.

74. The Board of Councillors shall, for the purposes of this Act, have power to acquire, by gift, purchase or otherwise, and hold, movable and immovable property or any interest therein, whether within or outside the limits of the municipal area.

75. Notwithstanding anything contained in any other law for the time being in force, the movable and immovable properties of the following categories within the limits of a municipal area shall vest in the Municipality, unless the State Government otherwise directs by a notification in the Official Gazette:—

(a) all vested public lands not belonging to any Government department or statutory body or corporation;

(b) all public tanks, streams, reservoirs and wells;

(c) all public markets and slaughter houses;

(d) all public sewers and drains, channels, tunnels, culverts and water courses in, alongside, or under, any street;

244 The West Bengal Municipal Act, 1993.

XXII of 1993.]

(Part 111.—Finance.—Chapter lila—Municipal Property.— Sections 76, 77.)

(e) all public streets and pavements, stones and other materials thereof, and also trees on such public streets or pavements not belonging to any private individual;

(0 all public parks and gardens, including squares and public open spaces;

(g) all public ghats on rivers or streams or tanks;

(h) all public lamps, lamp-posts and apparatus connected therewith, or appertaining thereto;

(i) all public places for disposal of the dead, excluding those governed by any specific law in this behalf;

(j) all solid and liquid wastes collected on a public street or public place, including dead animals and birds;

(k) all stray animals not belonging to any private persons.

Where this provision sits

ActThe West Bengal Municipal Act, 1993
Section71
JurisdictionState of West Bengal
StatusIn force as published by the source

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