LKolltata \TIQ Extraordinary Published by Authority Registered No. WB/SC-247 No. WB(Part-III)/2023/SAR-4 6aptte PHALGUNA 22] MONDAY, MARCH 13, 2023 [SAKA 1944
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 241-L.-13th March, 2023.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XVIII of 2022 THE WEST BENGAL MUNICIPAL (AMENDMENT) ACT, 2022.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 13th March, 2023.]
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 Seventy-third Year of the Republic of India, by the Legislature of West Bengal, as follows:— West Ben. Act XXII of 1993.
Short title and commencement.
1. (1) This Act may be called the West Bengal Municipal (Amendment) Act, 2022.
2 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 13, 2023 [PART III The West Bengal Municipal (Amendment) Act, 2022.
(Sections 2 — 4.)
Amendment of section 15 of West Ben. Act XXII of 1993.
Amendment of section 113.
Amendment of section 114.
(2) This section shall come into force at once; and the remaining sections shall come into force on such date or dates as the State Government may, by notification in the Official Gazette, appoint.
2. In section 15 of the West Bengal Municipal Act, 1993 (hereinafter referred to as the principal Act), for sub-section (1), the following sub-section shall be substituted:— "(1) There shall be Chairman-in-Council consisting of the Chairman, Vice- Chairman and such number of other elected members of the Municipality, as the State Government may from time to time determine by notification for each Group of Municipality referred to in section 7.".
3. In section 113 of the principal Act, in sub-section (1),—
(1) for the words "the Board of Councillors may", the words "the Executive Officer may, subject to laying of such alteration and amendment as transaction of business in the immediate next meeting of Board of Councillors for approval after they are made" shall be substituted;
(2) to clause (i), the following provisos shall be added:— "Provided that the Executive Officer shall cause automated alteration and amendment of the assessment list, using the computer resources of the Municipality, in consonance with the registration of any instrument, if the ownership of any holding is changed due to transfer of property through that instrument:
Provided further that for such automated alteration or amendment of the assessment list, hearing of the person affected shall not be mandatory.".
4. In section 114 of the principal Act,—
(1) in sub-section (1), for the words "The Chairman-in-Council", the words "The Executive Officer" shall be substituted;
(2) to sub-section (1), the following provisos shall be added:— "Provided that the Executive Officer shall cause the automated annual valuation of any holding and assessment thereon, using the computer resources of the Municipality, if that holding is newly created by mutation or by transfer:
Provided further that for annual valuation of such newly created holding and for assessment thereon, offering any opportunity to the owner or occupier of such holding to prefer any objection to the proposed valuation of that holding and hearing thereupon, shall not be mandatory.";
(3) in sub-section (2), for the words "the Chairman-in-Council" wherever they occur, the words "the Executive Officer" shall be substituted;
(4) in sub-section (4), for the words "The Chairman-in-Council shall, thereafter", the words "The Executive Officer shall, subject to laying of such addition as transaction of business in the immediate next meeting of Board of Councillors for approval after they are made" shall be substituted;
(5) in sub-section (5),—
(a) for the words "the Chairman-in-Council" wherever they occur, the words "the Executive Officer" shall be substituted;
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 13, 2023 3 The West Bengal Municipal (Amendment) Act, 2022.
(Sections 5 —11.)
Insertion of new section 114A after section 114.
Amendment of section 115.
Amendment of section 204.
Amendment of section 206.
Amendment of section 207.
Amendment of section 208.
Omission of section 209.
(b) to the proviso, for the words "the Chairman-in-Council" wherever they occur, the words "the Executive Officer" shall be substituted;
(6) after the proviso, the following proviso shall be added:— "Provided further that any action taken under provision of this sub-section shall be laid as transaction of business in the immediate next meeting of Board of Councillors for approval after they are made.".
5. After section 114 of the principal Act, the following section shall be inserted:— "Intimation to Valuation Board 114A. In case of any addition to, or alteration in, the assessment regarding list under theprovisions of section 113 or section 114, as the case may addition to, or alteration in, be, the Executive Officer shall bring such addition or alteration, to the assessment list.
notice of the West Bengal Valuation Board established under the West Bengal Valuation Board Act, 1978.".
6. In section 115 of the principal Act,—
(1) in sub-section (1), for the words "The Chairman", the words "The Executive Officer" shall be substituted;
(2) to sub-section (1), the following proviso shall be added:— "Provided that any action taken under provision of this sub-section shall be laid as transaction of business in the immediate next meeting of Board of Councillors for approval after they are made.";
in sub-section (3), for the words "The Chairman", the words "The Executive Officer" shall be substituted;
(4) to sub-section (3), the following proviso shall be added:— "Provided that any action taken under provision of this sub-section shall be laid as transaction of business in the immediate next meeting of Board of Councillors for approval after they are made.".
7. In section 204 of the principal Act, for the words "the Board of Councillors", the words "the Committee appointed by the Board of Councillors consisting of such members as may be prescribed" shall be substituted.
8. In sub-section (2) of section 206 of the principal Act, for the words "The Board of Councillors" wherever they occur, the words "The Committee referred to in section 204" shall be substituted.".
9. In section 207 of the principal Act,—
(1) for the words "sixty days", the words "fifteen days" shall be substituted;
(2) for the words "the Board of Councillors" wherever they occur, the words "the Committee referred to in section 204" shall be substituted.
10. In section 208 of the principal Act,—
(a) in the marginal note, for the words "the Board of Councillors", the words "the Committee referred to in section 204" shall be substituted;
(b) for the words "the Board of Councillors", the words "the Committee referred to in section 204" shall be substituted.
11. Section 209 of the principal Act shall be omitted.
(3) West Ben. Act LVII of 1978.
4 THE KOLKATA GAZETTE, EXTRAORDINARY, MARCH 13, 2023 [PART III The West Bengal Municipal (Amendment) Act, 2022.
(Sections 12, 13.)
Amendment of section 211.
Amendment of section 213.
12. In section 211 of the principal Act,—
(a) for the words "Board of Councillors" wherever they occur, the words "Committee referred to in section 204" shall be substituted;
(b) in the proviso, for the words "Board of Councillors", the words "Committee referred to in section 204" shall be substituted.
13. In section 213 of the principal Act,—
(1) in sub-section (1), for the words "the Board of Councillors", the words "the Committee referred to in section 204" shall be substituted;
(2) in sub-section (2), for the words "the Board of Councillors", the words "the Committee referred to in section 204" shall be substituted.
By order of the Governor, PRADIP KUMAR PANJA, Pr. Secy. to the Govt. of West Bengal, Law Department.
Published by Law Department, Government of West Bengal and Printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise). Kolkata 700 056.
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