(1) When any land, whether within or outside the limits of a municipal area, or any easement affecting any immovable property vested in the Municipality, is required for any public purpose under this Act, the State Government may, at the request of the Board of Councillors, I of 1894. proceed to acquire it under the Land Acquisition Act, 1894, or to proceed West Ben. under the West Bengal Land (Requisition and Acquisition) Act, 1948, Act II of or any other law for the time being in force.
1948.
Acquisition of property by a Municipality by agreement, exchange, lease, grant, etc.
Compulsory acquisition of land.
245 The West Bengal Municipal Act, 1993.
[West Ben. Act (Part 111.—Finance.—Chapter V111—Municipal Property.— Sections 78-80.)
(2) The Board of Councillors shall be bound to pay to the State Government the cost including all charges in connection with the acquisition of the land under the Land Acquisition Act, 1894, or the West Bengal Land (Requisition and Acquisition) Act, 1948, or any other law for the time being in force, as the case may be.
Power of Chairman to act as Collector for acquisition.
Special provisions for acquisition of lands adjoining streets.
Disposal of property.
78. Notwithstanding anything contained in the West Bengal Land (Requisition and Acquisition) Act, 1948, the Chairman may be appointed by the State Government to perform the functions of the Collector under the said Act and, on such appointment, the Chairman may exercise all the powers of a Collector under the said Act.
79. Whenever the Board of Councillors makes a request for acquisition of land for the purpose of providing a new street or for widening or improving an existing street, it shall be lawful for the Board of Councillors to apply for the acquisition of such additional land immediately adjoining the land to be occupied by such new street or existing street as is required for the sites of building to be erected on either side of the street, and such additional land shall be deemed to be required for the purposes of this Act.
80. The property belonging to a Municipality may be disposed of in the manner provided in this section, namely—
(a) the Chairman-in-Council may, in its discretion, dispose of, by sale, lease or otherwise, any movable property belonging to the Municipality:
Provided that the State Government may by rules prescribe the value which, if it increases during the process of sale, shall require the prior sanction of the State Government;
(b) the Board of Councillors may, for valuable consideration, let out on hire, give in lease, or sell or otherwise transfer, any immovable property belonging to the Municipality for carrying out the purposes of this Act:
Provided that the State Government may by rules prescribe the mode of such sale and specify the value which, if it increases by way of consideration, shall require the prior approval of the State Government in this behalf;
(c) the municipality shall not transfer any immovable property vested in it by virtue of this Act, but shall cause the same to be maintained, controlled and regulated in accordance with the provisions of this Act and the rules and the regulations made thereunder:
246 The West Bengal Municipal Act, 1993.
XXII of 1993.1 (Part 111.—Finance.—Chapter VIII MunicipalProperty.— Section 81.—Chapter IX.—Budget, Accounts and Audit.—Section 82.)
Provided that the State Government may authorise, in the public interest, the disposal of such immovable property by the Municipality if the Board of Councillors so requires for reasons to be recorded in writing.
81. (I) The Chairman-in-Council shall maintain an inventory of the movable and immovable properties of the Municipality in such form and in such manner as may be prescribed.
(2) The Chairman-in-Council shall, in the case of the inventory of an immovable property, prepare an annual statement along with references therein and place the same before the Board of Councillors.
(3) Such statement shall be included as an appendix to the annual administration report of the Municipality.
CHAPTER IX Budget, Accounts and Audit.
Inventory of properties of the Municipality.
82. (I) The budget estimate of a Municipality for a year shall be Annual prepared in the prescribed form and presented before the Board of Budget mates Estiof a Councillors at a meeting, specially convened for the purpose, not later Municipally.
than the tenth day of March every year:
Provided that no deficit shall be shown in the budget estimate so prepared.
(2) The budget estimate for the ensuing year shall be adopted after discussion by the Board of Councillors within two weeks of presentation.
(3) A copy of the budget estimate adopted by the Board of Councillors shall be sent to the Director of Local Bodies for information and shall be available for inspection by the members of the public in the manner prescribed.
(4) A revised budget for the current year shall be framed in the prescribed form during the middle of the year and presented before the Board of Councillors for adoption after the first day of October, but not later than the thirty-first day of December, each year.
(5) Notwithstanding anything contained in the foregoing provisions of this section, the State Government may, on the prayer of a Municipality, direct that the budget estimate, or the revised budget estimate, of a Municipality may be presented or adopted at a later date for reasons to be recorded in writing.
247 The West Bengal Municipal Act, 1993.
[West Ben. Act (Part 111.—Finance.—Chapter 1X. Budget, Accounts and Audit—Sections 83-86) Power to alter budget grants.
Annual financial statement.
Balancesheet.
Appointment and power of the Auditor.