Registered No. WB/SC-247 No. WB(Part-III)/2018/SAR-33 OIN %Akita *Itti q Extraordinary Published by Authority PAUSA 5] WEDNESDAY, DECEMBER 26, 2018 [SAKA 1940
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 2558-E-26th December, 2018.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XXVI of 2018 THE WEST BENGAL MUNICIPAL (SECOND AMENDMENT) ACT, 2018.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 26th December, 2018.]
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 Sixty-ninth 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 (Second Amendment) Act, 2018.
2 THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 26, 2018 [PAR.. III The West Bengal Municipal (Second Amendment) Act, 2018.
(Sections 2-8.)
Amendment of section 54 of the West Ben. Act XXII of 1993.
Substitution of new section for section 55.
Amendment of section 68.
Insertion of a new section 102C after section 102B.
(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 54 of the West Bengal Municipal Act, 1993 (hereinafter referred to as the principal Act), for sub-section (3A), the following sub-section shall be substituted:— "(3A) The recruitment to the posts not required to be made through the West Bengal Municipal Service Commission constituted under sub-section (1) of section 3 of the West Bengal Municipal Service Commission Act, 2018, shall be West Ben. Act made through the open advertisement or through such other method as the State XII of 2018.
Government may determine from time to time.".
3. For section 55 of the principal Act, the following section shall be substituted:— "Selection of 55. The West Bengal Municipal Service Commission constituted personnel.
under sub-section (1) of section 3 of the West Bengal Municipal Service Commission Act, 2018, shall select such personnel for the municipalities as may be prescribed by the State Government, and it shall be binding on the Municipality to appoint the personnel selected by the said Commission.".
4. In section 68 of the principal Act, —
(i) for the words "any bank in the municipal area,", the words "any Scheduled Bank" shall be substituted;
(ii) the Explanation.' shall be omitted.
5. After section 102B of the principal Act, the following section shall be inserted:— "Exemption of holding used for Government owned Hospitals, clinics etc.
102C. All Health Care Organizations, either primary or secondary or all clinic, owned or sponsored by the Government, shall be exempt from property tax:
Amendment of section 272.
Provided that the Board of Councillors may impose a service charge, not exceeding five per cent of annual value of lands and buildings of such Health Care Organizations or clinic, for providing civic services to such institutions.".
6. In clause (ii) of section 105 of the principal Act, for the words "sixty-five years", the words "sixty years" shall be substituted.
7. For sub-section (5) of section 116 of the principal Act, the following subsection shall be substituted:— "(5) The Executive Officer shall, on receipt of a notice of transfer or devolution record the transfer or devolution of property in such form and in such manner as may be determined and upon payment of such fee as may be prescribed.".
8. In section 272 of the principal Act, for the words "which shall not be less than fifty rupees or more than five thousand rupees", the words "which shall not be less than five hundred rupees or more than fifty thousand rupees" shall be substituted.
Amendment of section 105.
Amendment of section 116.
PART NI] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 26, 2018 3 The West Bengal Municipal (Second Amendment) Act, 2018.
(Section 9.)
Amendment of section 333. 9. For sub-section (9) of section 333 of the principal Act, the following subsection shall be substituted:— "(9) if any person contravenes any provision of this section or fails to comply with any requirement under this section, he shall be punished with a fine which shall not be less than rupees one thousand but which may extend to rupees one lakh only.".
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.(Government of West Bengal Enterprise), Kolkata 700 056.
Page 1 Page 2 Page 3