Registered No. WB/SC-247 No. WB(Part-III)/2020/SAR-2 ilatitata Gayttt Extraordinary Published by Authority PAUSA 17] TUESDAY, JANUARY 7, 2020 [SAKA 1941
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 14-L.--7th January, 2020.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XX of 2019 THE WEST BENGAL MUNICIPAL (AMENDMENT) ACT, 2019.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 7th January, 2020.]
An Act to amend the West Bengal Municipal Act, 1993.
WHEREAS it is expedient to amend the West Bengal Municipal Act, 1993, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Seventieth Year of the Republic of India, by the Legislature of West Bengal, as follows:- West Ben. Act XXII of 1993.
Short title and COMMencernent. 1. (1) This Act may be called the West Bengal Municipal (Amendment) Act, 2019.
(2) This section shall come into force at once; and the remaining section or sections shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 7, 2020 [PART III Amendment of section 2 of West Ben. Act XXII of
1993.
The West Bengal Municipal (Amendment) Act, 2019.
(Section 2)
2. In section 2 of the West Bengal Municipal Act, 1993 (hereinafter referred to as the principal Act),—
(1) in clause (22A), after the words, brackets and number 'the West Bengal Town and Country (Planning and Development) Act, 1979', the words `and shall include—
(a) "Cultural Heritage" designates a monument, group of building or site of historical, aesthetic, archaeological, scientific, ethnological or anthropological value;
(b) "Heritage Area" is a buffer around a protected or unprotected structure, precinct or site and may include protected view;
(c) "Heritage Precinct" means and includes spaces that require conservation or preservation for historical or architectural or aesthetic or cultural or environmental or ecological purpose and walls or other boundaries of a particular area or place of building which may enclose such space by an imaginary line drawn around it. The precinct may also include Heritage Streets, a Mohalla or 'pol' or any other area of one set character;
(d) "Heritage Zone" is the zone delineated in the Master Plan or Zonal Plan that requires special attention in terms of heritage conservation;
(e) "Historic Urban Landscape" means ensembles of any group of buildings, structures and open spaces, in their natural and ecological context, including archaeological and paleontological sites, constituting human settlements in an urban environment over a relevant period of time, the cohesion and value of which are recognized from the archaeological, architectural, prehistoric, historic, scientific, aesthetic, socio-cultural or ecological point of view;
(f) "Natural Heritage" designates outstanding physical, biological and geological features; habitat of threatened plants or animal species and areas of value on scientific or aesthetic grounds or from a conservation perspective;
(g) "Urban Heritage " refers to the built legacy of the town or city history and includes protected and unprotected monuments, individual and group of buildings of archaeological, architectural, historic and cultural significance, public spaces including landscape, parks and gardens, street layout defining identifiable neighbourhoods or precincts, which together identify the visual, spatial and cultural character of the city. This is tangible and is closely linked with the intangible heritage, which confers it with meaning and significance' shall be inserted;
(2) for clause (22B), the following clause shall be substituted:— '(22B) "Heritage Cell" means the Heritage Cell constituted under section 25C;';
(3) after clause (22B), the following clause shall be inserted:— `(22C) "Heritage Conservation Committee" means the Heritage Conservation Committee constituted under section 23C;'.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 7, 2020 3 Amendment of section 17.
Substitution of new section for section 23C.
The West Bengal Municipal (Amendment) Act, 2019.
(Sections 3, 4.)
3. To sub-sec on (1) of section 17 of the principal Act, the following provisos shall be added:
"Provided that the Board of Councillors may also elect an individual, who is not a Councillor, to be the Chairman provided that he gets himself elected to be a Councillor within six months from the date of the election as Chairman, failing which, he shall cease to be the Chairman of the Municipality:
Provided further that no Councillor or individual shall be eligible for election to the post of the Chairman unless he declares in writing under his hand that on being elected, he shall be the whole-time functionary of his office and that during the period for which he holds, or is due to hold, such office, he shall not hold any office of profit unless he has obtained leave of absence from his place of employment, or he shall not carry on or be associated with any business, profession or calling, in such manner as shall interfere or likely to interfere with due exercise of his powers or due performance of his functions or due discharge of his duties.".
4. For section 23C of the principal Act, the following section shall be substituted:— "Heritage 23C. (1) The Board of Councillors shall constitute a Committee to Conservation Committee. be called the Heritage Conservation Committee with the Chairman of the Municipality as its Chairman and the Executive Officer of the Municipality as its Convener.
(2) The Committee shall have the following members:—
(a) one shall be a nominee of the District Magistrate of the concerned district;
(b) one shall be a nominee of the Director of the Department of Information and Culture, Government of West Bengal, being a heritage expert with 15 years experience in the field of heritage conservation;
(c) one shall be an eminent architect haying in-depth knowledge and experience in conservation and urban design;
(d) one shall be an artist;
(e) one shall be an environmentalist having in-depth knowledge and experience on the subject matter;
(I) one shall be a historian having knowledge of the region having experience of 10 years in the field;
one shall be the concerned Executive Engineer of the Municipal Engineering Directorate;
(h) one shall be Town Planner of the Municipality:
Provided that additional members upto five who have special knowledge of the subject matter may be co-opted for special purposes or on sub-committees of the Heritage Conservation Committee:
Provided further that the Committee may co-opt one person to be nominated by the concerned Department of the State Government while dealing with any land or building under the management of the said Department.
(3) The tenure of the Chairman and the Members of the Committee other than the officers nominated by the Government Departments and Local Bodies shall be three years.
(g) 4 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 7, 2020 [PART III The West Bengal Municipal (Amendment) Act, 2019.
(Sections 5-10.)
Insertion of new section 25C after section 25B.
Substitution of new section for section 52.
(4) The Heritage Conservation Committee, constituted under sub-section (1), shall send all its proposals relating to preservation and conservation of heritage building or site, precincts, areas, zones, urban heritage, cultural and natural heritage and historic and historic urban landscape to the West Bengal Heritage Commission constituted under the West Bengal Heritage Commission Act, 2001.".
5. After section 25B of the principal Act, the following section shall be inserted:— "Heritage Cell. 25C. (1) The Board of Councillors shall ensure constitution of a Heritage Cell for the Municipality.
(2) The composition, manner of constitution and functions of the Heritage Cell under sub-section (1), shall be such as the State Government may, by order, determine.
(3) The composition of the cell will consist of—
(a) Chief Town Planner of the Municipality;
(b) Architect with expertise in architectural conservation;
(c) ConcernedExecutive Engineer of the Municipal Engineering Directorate.".
6. For section 52 of the principal Act, the following section shall be substituted:
"Remuneration and facilities of Chairman, Vice- Chairman, members of Chairman-in- Council, Leader of the Opposition and the Councillor.
52. The Chairman, the Vice-Chairman, the members of Chairmanin-Council, the Leader of the Opposition and the Councillor of the municipal area shall be given such remuneration and facilities as may be prescribed:
West Ben. Act IX of 2001.
Provided that if the Chairman holds the post of either a Member of Legislative Assembly or a Member of any House of the Parliament simultaneously, he shall draw remuneration for any one of the said post only:
Provided further that different rates may be prescribed for different groups of municipalities and different classes of functionaries in each municipality.".
7. Clause (b) of sub-section (1) of section 93 of the principal Act shall be omitted.
8. In Chapter XI of the principal Act, in the Heading for the words "B. Tax on advertisements other than advertisements in newspapers", the words "B. Provisions regulating advertisement other than advertisements in newspapers" shall be substituted.
9. In section 123 of the principal Act, for the word "tax", wherever it occurs, the words "licence fee" shall be substituted.
10. In section 125 of the principal Act,—
(1) the following provisos shall be inserted:— "Provided that the Executive Officer may cancel or revoke the certificate of enlistment for profession, trade and calling issued under provision of section 118 if the licensee acts in contravention of any of the provisions contained in this chapter or license:
Provided further that no order shall be made under the proviso of this section without affording a reasonable opportunity of being heard.";
(2) in Explanation II, the words "a tax on" shall be omitted.
Amendment of section 93.
Amendment of Chapter XI.
Amendment of section 123.
Amendment of section 125.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 7, 2020 5 Amendment of section 126.
Insertion of new section 340A after section 340 The West Bengal Municipal (Amendment) Act, 2019.
(Sections 11-14)
11. In section 126 of the principal Act, for the word "tax", wherever it occurs, the words "licence fee" shall be substituted.
12. After section 340 of the principal Act, the following sectionshall be inserted:— "Prohibition against spitting in public places, streets, hospitals etc.
340A. (1) No person shall spit at public places, hospitals, educational institutions, religious places, markets, assembly or congregation buildings, public utility buildings or structure etc. except in bins, Amendment of section 431.
receptacles or pits provided and maintained by the authority for this purpose.
(2) Spitting on any place in contravention of the provisions of this Act shall, subject to such regulations as may be made in this behalf, be punishable with a spot fine by the Authorised Officer of the Municipality which shall not be more than one thousand rupees for each such offence.".
13. In section 431 of the principal Act, after the second proviso to sub-section (4), the following proviso shall be inserted:— "Provided also that if, for any reason, it is not possible to hold the election before the expiry of the period of six months under this sub-section, the State Government may, by notification, extend the term of such Administrator or Board of Administrators, as the case may be, appointed under sub-section (3), for a further period not exceeding twelve months.".
Amendment of section 5 of West Ben. Act XXVI of 2018.
14. In section 5 of the West Bengal Municipal (Second Amendment) Act, 2018,—
(i) for the number and word '102B', the number and word '102C' shall be substituted;
(ii) for the number and word `102C', the number and word '102D' shall be substituted.
West Ben. Act XXVI of 2018.
By order of the Governor, SANDIP KUMAR RAY CHAUDHURI, Secy. to the Govt. of West Bengal, Law Department.
Published by Law Department, Government of West Bengal and Printed at Saraswaty Press Ltd.(Govemment of West Bengal Enterprise), Kolkata 700 056.
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