Siliguri Municipal Corporation Act… Bare Act

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Type	Act
Citation	Act 30 of 1990
Year	1990
Jurisdiction	State of West Bengal
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	local

GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act XXX of 1990 THE SILIGURI MUNICIPAL CORPORATION ACT, 1990.

[Passed by the West Bengal Legislature.]

[Assent of the President of India was first published in the Calcutta Gazette, Extraordinary, of the 15th September, 1993.]

[15th September, 1993.]

An Act to provide for better administration of the municipal affairs of Siliguri by the establishment of a Municipal Corporation.

WHEREAS it is, expedient to provide for better administration of the municipal affairs of Siliguri by the establishment of a Municipal Corporation;

It is hereby enacted in the Forty-first Year of the Republic of India, by the Legislature of West Bengal, as follows:—

PART I

CHAPTER I Preliminary

1. (1) This Act may be called the Siliguri Municipal Corporation Short title Act, 1990. and commence-

(2) It shall come into force on such date as the State Government may, ment.

by notification, appoint.

2. In this Act, unless the context otherwise requires,— Definitions.

(1) "Assessment Book" means the Municipal Assessment Book and includes any book sulisidiary thereto;

(2) "budget-grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Corporation and includes any sum by which such budget-grant may be increased or reduced by transfer from one or the other head in accordance with the provisions of this Act and the regulations made thereunder;

(3) "building" means a house, out-house, stable, latrine, urinal, shed, part wall (other than a boundary wall) or any other structure, whether of masonry, bricks, mud, metal or other material, but does not include any portable shelter;

251 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Act (Part 1.—Chapter 1.—Preliminary.—Section 2.)

(4) "bustee" means an area containing land not less than seven hundred square metres in area occupied by or for the purposes of any collection of huts or other structures used or intended to be used for human habitation;

(5) "bye-law" means a bye-law made by the Corporation under this Act;

(6) "cart" means any cart, hackney or wheeled vehicle with or without spring which is not a carriage, and includes a hand cart, a cycle van and a push van, but does not include any wheeled vehicle which is propelled by mechanical power or its trailer;

(7) "carriage" means any wheeled vehicle with springs or other appliances acting as springs, which is ordinarily used for the conveyance of human beings, and includes a jin-rickshaw, a cycle-rickshaw, a bicycle and a tricycle, but does not include a perambulator or other form of vehicle designed for the conveyance of small children; •

(8) "casual vacancy" means a vacancy occurring otherwise than by efflux of time in the office of a Councillor or an Alderman or in any other elective office;

(9) "Corporation" means the Siliguri Municipal Corporation established under this Act;

(10) "dairy" includes any farm, cattle-shed, cow-house, milkstore, milk shop or other place—

(a) from which milk is supplied on or for sale, or

(b) in which milk is kept for purposes of sale or used for manufacture or preparation for sale of—

(i) butter, or

(ii) ghee, or

(iii) cheese, or

(iv) curds, or

(v) dried, sterilized, condensed or toned milk, but does not include—

(a) a shop or other place in which milk is sold for consumption on the premises only, or

(b) a shop or other place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place;

252 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.1 (Part L—Chapter 1.—Preliminary.----Section 2.)

(11) "dairyman" includes any occupier of a dairy, any cowkeeper who trades in milk, or any wholesale or retail seller of milk;

(12) "dangerous disease" means—

(a) cholera, plague, chicken-pox, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis and diphtheria, and

(b) any other epidemic, endemic or infectious disease which the Chief Executive Officer may, by notification, declare to be a dangerous disease for the purposes of this Act;

(13) "Depot" means a place where articles are stored, whether for sale or for any other purpose but not for domestic consumption or use, in quantities exceeding two thousand kilograms;

(14) "domestic building" includes a dwelling house and any other masonry building which is neither a building of the warehouse class nor a public building as defined in this section, nor a place exclusively used for private worship;

(15) "dowelling house" means a masonry building, constructed, used or adopted to be used wholly or principally for human habitation;

(16) "drain" includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sewage, offensive matter, polluted Water, waste-water, rain water or sub-oil water;

(17) "edible oil" means cocoanut oil, cotton seed oil, ground nut oil, olive oil and til (sesame) oil, in their pure state, linseed oil, mahua oil, mustard oil, rapeseed oil, poppy seed oil, sunflower oil, tara mira oil, niger seed oil, soyabean oil, maize oil, palm oil, palm karnel oil, and water-melon seed oil, in their pure state, imported sealed oil labelled as such, any vegetable oil, prepared by hardening process such as hydrogenation and labelled as such and bearing in the label in English and Bengali the names of the oils entering into its composition and any other oil which the State Government may, by notification, declare to be an edible oil for the purposes of this Act;

253 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Act (Part I.-Chapter I.-Preliminary.—Section 2.)

(18) "edible fat" means any fat prepared in the manner approved by the Health Officer from healthy goats, sheep, pigs, cows, buffaloes, or any other animal which the State Government may, by notification, specify for the purposes of this Act;

(19) "entertainment" includes any exhibition, performance, amusement, game or sport to which persons are ordinarily admitted on payment;

(20) "factory" means a factory as defined in the Factories Act, 1948;

(21) "filth" includes offensive matter and sewage;

(22) "goods" includes animals;

(23) "habitable room" means a room constructed or adapted for human habitation;

(24) "house drain" means any drain of one or more premises used for the drainage of such premises;

(25) "house-gully" or "service passage" means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle of filth or other polluted matter, by municipal employees or other persons employed in the cleansing thereof for the removal of such matter therefrom;

(26) "hut" means any building which is constructed principally of wood, bamboo, mud, leaves, pressed cloth or thatch, and includes any structure of whatever material it may be made, which the Corporation may declare to be a hut for the purposes of this Act;

(27) "infectious disease" or "communicable disease" means any disease which may be transmitted from one person to another and declared as such by the State Government by notification;

(28) "inhabited room" means a room in which some person passes the night or which is used as a living room, and includes a room with respect to which there is a reasonable presumption (until the contrary is shown) that some person passes the night there or that it is used as a living room;

(29) "land" includes the benefits arising out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street;

63 of 1948.

254 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part 1.—Chapter 1.—Preliminary.---Section 2.)

(30) "licensed architect", "licensed draughtsman", "licensed engineer", "licensed plumber", "licensed surveyor" or "licensed town planner" means respectively a person licensed under the provisions of this Act as an architect, draughtsman, engineer, plumber, surveyor or town planner;

(31) "market" includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human food or any other articles of human food, whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting, the market by the owners of the place or by any other person declared and licensed by the Corporation as a market;

(32) "member", in relation to the Corporation, means a Councillor or an Alderman thereof;

(33) "milk" includes cream, skimmed milk, separated milk and . condensed, sterilized, desiccated or toned milk;

(34) "municipal authority" means any of the municipal authorities specified in section 3;

(35) "municipal drain" means a drain vested in the Corporation;

(36) "municipal market" means a market vested in or managed by the Corporation;

(37) "municipal slaughter house" means a slaughter house vested in or managed by the Corporation;

(38) "municipal water works" means a water works vested in the Corporation;

(39) "notification" means a notification published in the Official Gazette;

(40) "nuisance" includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or disturbances to rest or sleep, or which is or may be dangerous to life or injurious to health or property;

255 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Act (Part 1.—Chapter 1.—Preliminary.—Section 2.)

(41) "Occupier" includes—

(a) any person who, for the time being, is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;

(b) an owner in occupation of, or otherwise using, his land or building;

(d) a licensee in occupation of any land or building; and

(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;

(42) "offensive matter" includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid or putrefying substance other than sewage;

(43) "Official Gazette" means the Official Gazette of the State Government;

(44) "owner" includes a person who, for the time being, is receiving or is entitled to receive the rent of any land or building, whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person, or who should so receive the rent or be entitled to receive it, if the land or building or part thereof were let to a tenant, and also includes—

(a) the custodian of evacuee property in respect of evacuee property vested in him under the Administration of 31 of 1950.

Evacuee Property Act, 1950;

(b) the General Manager of a railway and the head of the Government department, in respect of properties under their respective control;

(45) "premises" means any land or building or part of a building, and includes—

(a) the garden, ground and out-houses, if any, appertaining to a building or part of a building; and

(b) any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof;

(46) "prescribed" means prescribed by rules made under this Act;

(47) "private street" means any street, which is not a public street, and includes any passage securing access to two or more places belonging to the same or different owners;

256 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part 1.—Chapter 1.—Preliminary.—Section 2.)

(48) "private market" means a maket which is not a municipal market;

(49) "private slughter house" means a slaughter house which is not a municipal slaughter house;

(50) "public building" means a masonry building constructed, used or adopted to be used—

(a) as a place of public worship or as a school, college or other place of instruction (not being a dwelling-house so used) or as a hospital, workshouse, public theatre, public cinema, public hall, public concert room, public ballroom, public lecture-room, public library or public exhibition room or as a public place of assembly, or

(b) for any other public purpose, or

(c) as a hotel, lodging house, home, refuge or shelter, where the building exceeds in cubical extent seven thousand cubic metres or has sleeping accommodation for more than one hundred persons;

(51) "public place" means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not;

(52) "public securities" means any securities of the Central Government or State Government or any securities guaranteed by the Central Government or a State Government or any securities issued under this Act or any debentures issued by the Bombay, Calcutta or Madras Municipal Corporation;

(53) "public street" means any street, or the soil below the surface of any street, which under the provisions of this Act becomes, or is declared to be, a public street;

(54) "railway administration" has the meaning assigned to it in 9 of 1890. the Indian Railways Act, 1890;

(55) "rate-payer" means a person liable to pay any rent, tax-fee or licence-fee under this Act;

(56) "rateable value" means the value of any land or building fixed in accordance with the provisions of this Act and the bye-laws made thereunder for the purpose of assessment to property taxes;

(57) "regulation" means a regulation made by the Corporation under this Act;

257 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Act (Part I.-Chapter I.-Preliminary.--Section 2.)

(58) "reside" when used with reference to any person, means—

(a) a person deemed to reside in any dwelling house which or some portion of which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and

(b) a person not to be deemed to cease to reside in any such dwelling house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it

(59) "rubbish" includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any kind which is not filth;

(60) "rule" means a rule made by the State Government under this Act;

(61) "service privy" means a fixed privy which is cleansed by hand, but does not include a movable commode;

(62) "service urinal" means a fixed urinal which is cleansed by hand;

(63) "sewage" means night-soil and other contents of latrines, urinals, cesspools or drains and polluted water from sinks, bathrooms, stables, cattle-sheds and other like places, and includes trade effluents and discharges from manufactories of all kinds;

(64) "shed" means a slight or temporary structure for shed or shelter;

(65) "Siliguri" means the area described in Schedule .1;

(66) "slaughter house" means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption;

(67) "street" includes any way, road, land, square, court, allay, gully, passage, whether a thoroughfare or not and whether built upon or not, over which the public have a right of way and also the roadway or footway over any bridge or causeway;

(68) "trade effluent" means any liquid, either with or without particle of matter in suspension therein which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and, in relation to any trade premises, means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage;

258 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part 11.—Constitution and Government.—Chapter 11.—The Municipal Authorities.—Sections 3, 4.)

(69) "trade premises" means any premises used or intended to be used for carrying on any trade or industry;

(70) "trade refuse" means the refuse of any trade or industry;

(71) "vehicle" includes a carriage, cart, van, dray, truck, handcart, bicycle, tricycle, cycle-rickshaw, auto-rickshaw, motor vehicle and any other wheeled conveyance which is used or is capable of being used on a street;

(72) "ward" means a municipal ward provided by order made under this Act for the purpose of election of Councillors;

(73) "water course" includes any river, stream or channel, whether natural or artificial;

(74) "water works" includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, mains, pipes, culverts, hydrants, stand-pipes and conduits and things used or intended to be used for the purpose of supplying water;

(75) "workshop" means any premises (including the precincts thereof), other than a factory, wherein any industrial process is carried on;

(76) "year" means a year commencing on the 1st day of April.

PART II CONSTITUTION AND GOVERNMENT

CHAPTER II The Municipal Authorities

3. The following shall be the municipal authorities for the purposes of carrying out the provisions of this Act, namely:—

(a) the Corporation,

(b) the Mayor-in-Council, and

4. (1) With effect from such date as the State Government may, by notification, appoint, there shall be a Corporation charged with the municipal government of Siliguri to be known as the Siliguri Municipal Corporation.

(2) The Corporation shall be a body corporate with perpetual succession and a common seal, and may by its name sue and be sued.

The municipal authorities.

The Corporation.

259 The Siliguri Municipal Corporation Act, 1990.

Constitution of the Corporation.

[West Ben. Act (Part IL—Constitution and Government.—Chapter 11.—The Municipal Authorities.—Section 5.)

(3) Subject to the provisions of this Act, the Corporation shall be entitled to acquire, hold and dispose of any property.

5. (1) The Corporation shall consist of the following members, namely:—

(a) not more than fifty and not less than thirty-five elected Councillors as may be determined by the State Government, and

(b) three Aldermen to be elected by the Councillors referred to in clause (a).

(2) The Councillors referred in clause (a) of sub-section (1) shall be elected by the constituencies, each constituency electing one Councillor, and for this purpose, each ward shall constitute a constituency:

Provided that—

(a) two seats shall be reserved for the Scheduled Castes,

(b) one seat shall be reserved for the Scheduled Tribes, and

For the purpose of reservation of seat—

(a) for the Scheduled Castes, the ward having the highest and the ward having the next highest number of population of the Scheduled Castes shall each constitute a constituency, and

(b) for the Scheduled Tribes, the ward having the highest number of population of the Scheduled Tribes shall constitute a constituency.

Explanation.—For the purposes of this sub-section and subsection (4), the expression "population" shall mean the population as ascertained at the last preceding census of which the relevant figures have been published.

(4) If any ward has the highest number of population of both the Scheduled Castes and the Scheduled Tribes, such ward shall constitute a constituency for the purpose of reservation of seat for the Scheduled Tribes, and the ward having the next highest number of population of the Scheduled Castes shall constitute a constituency for the purpose of reservation of seat for the Scheduled Castes.

(5) For the purpose of reservation of seats for the women, any ward, other than the ward constituting a constituency for the purpose of reservation of seat for the Scheduled Castes or the Scheduled Tribes, shall constitute a constituency:

Provided that the total number of seats reserved for the women under clause (c) of the proviso to sub-section (2) shall be reckoned seriatim, starting from ward number one, and -by rotation.

(3) 260 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part II.—Constitution and Government.—Chapter II.—The Municipal Authorities.—Sections 6, 7.)

(6) The three Aldermen referred in clause (b) of sub-section (1) shall be elected in such manner as may be prescribed.

6. The elected members of the Corporation shall elect from amongst themselves—

(a) at the first meeting of the Corporation after a general election,—

(i) one member to be the Mayor, and

(ii) one member to be the Chairman, and

(b) so often as a vacancy in the office of the Mayor or the Chairman, as the case may be, occurs by reason of death, resignation, removal or otherwise and within one month of the occurrences of such vacancy, one member to be the Mayor or the Chairman, as the case may be, who shall assume office forthwith after taking such oath of secrecy as may be prescribed.

7. (1) A Mayor or a Chairman, as the case may be,

(a) shall cease to hold office as such forthwith if he ceases to be a member of the Corporation;

(b) may, at any time, by giving notice in writing to the Corporation, resign his office and such resignation shall take effect from such date as may be specified in the notice or, if no such date is specified, from the date of its receipt by the Corporation;

(c) may be removed from office by a resolution carried by a majority of the total number of elected members of the Corporation at a special meeting of the Corporation called for this purpose upon a requisition made in writing by not less than one-third of the elected members of the Corporation:

Provided that no such resolution shall be moved before the expiry of six months from the date of assumption of office by a Mayor or a Chairman, as the case may be:

Provided further that if such resolution is not carried by a majority of the total number of elected members of the Corporation, no further resolution for the removal of the Mayor or the Chairman, as the case may be, shall be moved before the expiry of a period of six months from the date on which the former resolution was moved.

Election of Mayor and Chairman.

Terms of office of Mayor and Chairman.

261 The Siliguri Municipal Corporation Act, 1990.

Constitution of Mayor-in- Council.

Terms of office of members of Mayor-in- Council.

[West Ben. Act (Part IL—Constitution and Government.—Chapter IL—The Municipal Authorities.—Sections 8, 9.)

(2) Notwithstanding the provisions of sub-section (1), except when an order of supersession has been made under the provisions of this Act, the Mayor or the Chairman, as the case may be, whose office becomes vacant by reason of the provisions of sub-section (1), shall continue to hold office as such until his successor, elected under the provisions of this Chapter, enters upon his office.

8. (1) There shall be a Mayor-in-Council consisting of the Mayor, the Deputy Mayor and such number of other elected members of the Corporation, not exceeding five, as the State Government may from time to time determine.

(2) The Deputy Mayor and other elected members referred to in sub-section (1) shall be nominated by the Mayor as soon as possible after he assumes office.

(3) Any casual vacancy in the office of the Deputy Mayor or other member referred to in sub-section (1) by reason of death, resignation, removal or otherwise shall be filled up by the Mayor:

Provided that no act or proceedings of the Mayor-in-Council shall be called in question or shall become invalid merely by reason of any vacancy in the office of the Deputy Mayor or other members referred to in sub-section (1).

(4) The manner of transaction of business of the Mayor-in-Council shall be such as may be determined by the Corporation by regulations.

(5) The Mayor-in-Council shall be collectively responsible to the Corporation.

9. A member of the Mayor-in-Council other than the Mayor shall hold office from the date of his nomination to the Mayor-in-Council until—

(a) he ceases to be a member of the Corporation, or

(b) he resigns his office by writing under this hand addressed to the Mayor in which case the resignation shall take effect from the date of its acceptance, or

(d) the Mayor ceases to hold office, or

(e) a newly elected Mayor in the event of the death of a Mayor enters upon his office.

262 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part IL—Constitution and Government.—Chapter 11.—The Municipal Authorities.—Section 10.)

10. (1) The Corporation shall, at its first meeting in each year or as soon as may be at any meeting subsequent thereto, constitute a Municipal Accounts Committee.

(2) The Municipal Accounts Committee shall consist of—

(a) such number of persons, not being less than three and more than five, as the Corporation may determine, to be elected by the members of the Corporation from amongst themselves in accordance with the system of proportional representation by means of the single transferable vote by secret ballot, the members of the Mayor-in-Council not being eligible for election; and

(b) such number of persons, not being more than two and not being members or officers or other employees of the Corporation, having knowledge and experience in financial matters, as may be nominated by the Mayor-in-Council.

(3) The members of the Municipal Accounts Committee shall elect from amongst themselves one member to be its Chairman.

(4) Subject to the other provisions of this Act, the members of the Municipal Accounts Committee shall hold office till a new Committee is constituted.

(5) Subject to the provisions of this Act and the rules and the regulations made thereunder, it shall be the duty of the Municipal Accounts Committee—

(a) to examine the accounts of the Corporation showing the appropriation of sums granted by the Corporation for its expenditure and the annual financial accounts of the Corporation;

(b) to examine and scrutinise the report on the accounts of the Corporation by the auditors appointed under the provisions of this Act and to satisfy itself that the moneys shown in the accounts as having been disbursed were available for, and applicable to, the services or purposes to which they have been applied and that the expenditure was incurred in accordance with the authority governing the same;

(d) to consider the report of the auditor in cases where the Corporation requires him to conduct a special audit of any receipt or expenditure of the Corporation or to examine the accounts of stores and stocks of the Corporation; and

(e) to discharge such other functions as may be prescribed.

Municipal Accounts Committee.

263 The Siliguri Municipal Corporation Act, 1990.

Borough Committee.

[West Ben. Act (Part IL—Constitution and Government.—Chapter 11.—The Municipal Authorities.—Section 11.)

(6) The Municipal Accounts Committee may call for any book or document relating to the accounts of the Corporation under examination and may send for such officers of the Corporation as it may consider necessary for explaining any matter in connection with such examination.

(7) The manner of transaction of business of the Municipal Accounts Committee shall be such as may be determined by the Corporation by regulations:

Provided that the persons nominated under clause (b) of sub-section

(2) shall have no right of voting at the meeting of the Municipal Accounts Committee.

11. (1) The Corporation shall, at its first meeting after the election of members thereto or as soon as may be thereafter, group the wards into five boroughs so that each borough consists of not less than seven contiguous wards and constitute a Borough Committee for each Borough.

(2) Each Borough Committee shall consist of the Councillors, other than the members of the Mayor-in-Council, elected from the wards constituting the borough.

(3) A member of the Borough Committee representing a constituent ward shall hold office till he ceases to be the Councillor representing such ward.

(4) The members of each Borough Committee shall elect from amongst themselves one member to be its Chairman.

(5) The Chairman may at any time resign his office by giving notice in writing to the Mayor and the resignation shall take effect from the date of its acceptance by the Mayor.

(6) A Borough Committee shall, subject to the general supervision and control of the Mayor-in-Council, discharge within the local limits of the Borough the functions of the Corporation relating to collection and removal of garbage, house connections for water supply and sewerage, removal of accumulated water on streets and public places due to rain or any other causes, health immunisation services, improvement of bustee and such other functions as the Corporation may require it to discharge or as may be specified by regulations, and the officers and employees of the Corporation working within the local limits of the borough shall carry out the directions of the Borough Committee in this behalf.

(7) The manner of transaction of business of the Borough Committee shall be such as may be determined by the Corporation by regulations.

264 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.1 (Part 11.—Constitution and Government.—Chapter 11.—The Municipal Authorities.—Sections 12, 13.—Chapter 111.—A. Officers and other employees of the Corporation.—Section 14.)

12. The Mayor, the Chairman, the Deputy Mayor, the members of the Mayor-in-Council and the members of the Committee constituted in accordance with the provisions of this Chapter shall be given such remuneration and facilities as may be prescribed.

13. (1) The Corporation may, if so decided at a meeting, constitute special committees for discharge of any specific function or making enquiry and report on any specific matter with such powers, functions or duties as may be provided in a resolution in this behalf.

(2) Such Committee shall consist of such members of the Corporation and such other persons, not exceeding one-third of such members, as the Corporation may decide.

(3) The Committee shall formulate its own procedure for conduct of business, subject to the approval of the Corporation.

Remuneration and facilities of Mayor;

Chairman, Deputy Mayor, members of the Mayorin-Council and members of Committee.

Appoint.

ment of special committees.

CHAPTER III A. Officers and other employees of the Corporation

14. (1) The Corporation shall have the following officers, namely:— Officers of the

(a) the Chief Executive Officer, Corporation.

(b) the Chief Engineer,

(d) the Finance Officer,

(e) the Assessor,

(f) the Collector of Taxes, and

(g) the Secretary.

(2) The Chief Executive Officer and the Finance Officer shall be appointed—

(a) by the State Government in consultation with the Mayorin-Council, by notification, from amongst persons who are or have been in the service of the Government, or 265 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Act (Part 11.—Constitution and Goyernment.—Chapter III.—A. Officers and other employees of the Corporation. Section 15.)

(b) if so directed by the State Government, by the Mayor-in- Council in consultation with the State Public Service Commission:

Provided that the appointment of such officers shall be on such terms and conditions and for such period, not exceeding five years in the first instance, as the State Government may determine:

Provided further that the State Government may, in consultation with the Mayor-in-Council extend the period from time to time, so, however, that the total period of extension does not exceed five years.

(3) The other officers referred to in sub-section (1) shall be appointed by the Mayor-in-Council in consultation with the State Public Service Commission.

(4) The method of, and the qualifications required for, recruitment, and the terms and conditions of service including discipline, control and conduct, of the officers appointed by the Mayor-in-Council shall be such as may be prescribed.

(5) Notwithstanding anything contained in the foregoing provisions of this section, the State Government may, at any time in the case of any officer appointed under sub-section (2) as the Chief Executive Officer or the Finance Officer, terminate his appointment as such:

Provided that if, in the case of any such officer, the Mayor-in-Council so decides, the State Government shall terminate the appointment of such officer.

Salary and other conditions of service of Chief Executive Officer and other officers appointed by the State Government.

15. (1) The Chief Executive Officer and the Finance Officer shall be paid out of the Municipal Fund such salaries and allowances as may, from time to time, be determined by the State Government.

(2) If any of the officers referred to in sub-section (1) is in the service of Government, the Corporation shall make such contribution towards his passages, leave allowances, pension and provident fund as may be required by or under the conditions of his service under Government or the terms and conditions of his service under the Corporation, as the case may be, to be paid by or for him.

(3) If any of the officers referred to in sub-section (1) is not an officer in the service of Government, his leave allowances, retirement benefits and contribution to provident fund shall be such as may be prescribed:

Provided that—

(a) the amount of leave and leave allowances or retirement benefits shall in no case, except with the special sanction of the State Government, exceed the amount admissible to Government servants of equivalent rank, and 266 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part 11.--Constitution and Government.—Chapter 111.—A. Officers and other employees of the Corporation.—Sections 16-18.)

(b) the conditions of grants of such leave and the conditions or retirement shall in no case, except with the special sanction of the State Government, be more favourable than those for the time being applicable to such Government servants.

16. (1) The posts of officers and employees of the Corporation, other than those referred to in sub-section (1) of section 14, shall constitute the establishment of the Corporation.

(2) The Corporation shall, by regulation, classify the posts of officers and employees constituting the establishment of the Corporation into such categories as it may consider necessary and shall maintain a schedule of posts indicating the designation, grade and number of sanctioned posts within such category.

(3) The Mayor-in-Council shall consider any proposal for revision in the schedule of posts and place the same with its recommendation, if any, before the Corporation for approval before the presentation of the budget estimate to the Corporation by the Mayor:

Provided that no upward revision of the size of the establishment of the Corporation shall be made without the prior sanction of the State Government if the number of posts to be created in a year is more than one per cent. of the total number of posts comprised in the establishment:

Provided further that no posts carrying a monthly salary of more than two thousand rupees or a salary rising by periodical increments to more than two thousand rupees shall be created without the sanction of the State Government.

Establishment of the Corporation.

17. (1) The method of, and the qualifications required for, recruitment Appointto posts of different categories constituting the establishment of the rent.

Corporation shall be such as may be prescribed.

(2) Subject to the provisions of this Act, appointment to all the posts of officers and employees constituting the establishment of the Corporation shall be made by the Chief Executive Officer with the approval of the Mayor-in-Council.

18. The Corporation may, by regulation, provide for the terms and conditions of service including discipline, control and conduct of officers and other employees constituting the establishment of the Corporation.

Terms and conditions of service of officers and employees.

267 The Siliguri Municipal Corporation Act, 1990.

'[West Ben. Act Constitution of Municipal Service Commission.

Payment of salaries and allowances of the Chairman and other members, officers and employees of the Municipal Service Commission.

Selection of personnel.

(Part IL—Constitution and Government.—Chapter B. Municipal Service Commission.—Sections 19-21.)

B. Municipal Service Commission

19. (1) The Corporation may constitute a Municipal Service Commission to be known as the Siliguri Municipal Service Commission consisting of—

(a) a Chairman and

(b) two other members.

(2) The Chairman and one of the other members shall be nominated by the Mayor-in-Council and one member shall be nominated by the State Government.

(3) The Municipal Service Commission shall perform such duties and in such manner as may be prescribed.

(4) The State Government shall also prescribe by rules—

(a) the terms of office, salaries, allowances (if any) and conditions of service, (including those for appointment of a casual or part-time nature) of the Chairman and other members of the Municipal Service Commission,

(b) the number of officers and other employees of the Municipal Service Commission and their salaries and allowances, and

(c) the terms and conditions of service including appointments of casual or part-time nature as well as discipline, control and conduct of officers and other employees of the Municipal Service Commission.

20. The salaries and allowances, if any, of the Chairman and other members of the Municipal Service Commission and the officers, and other employees thereof shall be paid from the Municipal Fund.

21. (1) Notwithstanding the provisions of section 19 or section 20, the Municipal Service Commission (hereinafter referred to in this section as the said Commission) constituted under sub-section (1) of section 26 of the Calcutta Municipal Corporation Act, 1980 (hereinafter referred to in this section as the said Act), shall, by virtue of sub-section (5A) of section 26 of the said Act, select such personnel for the Corporation as may be determined by the State Government by notification under sub-section (5A) of section 26 of the said Act, and it shall be binding West Ben.

Act LIX of

1980.

268 The Siliguri Municipal Corporation Act, 1990.

KXX of 1990.]

(Part II.—Constitution and Government—Chapter 111.— C. Powers and functions of the Municipal Authorities and the Officers of the Corporation.—Sections 22-24.)

on the Corporation to appoint the personnel selected by the said Commission.

(2) Any amount of contribution payable by the Corporation under sub-section (2) of section 27 of the said Act shall, in accordance with the provisions of sub-section (2) of section 27 of the said Act, be credited by the Corporation to the Municipal Fund of the Calcutta Municipal Corporation.

C. Powers and functions of the Municipal Authorities and the Officers of the Corporation

22. (1) Subject to the provisions of this Act and the rules and the regulations made thereunder, the executive power of the Corporation shall be exercised by the Mayor-in-Council.

(2) All executive actions of the Mayor-in-Council shall be expressed to be taken in the name of the Corporation.

23. (1) The Mayor shall exercise such powers and discharge such functions as are conferred on him by or under this Act.

(2) The Mayor shall preside over a meeting of the Mayor-in-Council which shall meet at such place and at such time as the Mayor may direct.

(3) The matters to be discussed at a meeting of the Mayor-in-Council shall be prepared under the direction of the Mayor and shall be circulated to the members of the Mayor-in-Council in such manner as the Mayor may determine.

(4) The Mayor shall allot among the members of the Mayor-in- Council such business of the Corporation and in such manner as he thinks fit.

(5) The Mayor may, if he is of opinion that immediate execution of any work (which ordinarily requires the approval of the Corporation or the Mayor-in-Council) is necessary, direct the execution of such work:

Provided that the Mayor shall report forthwith to the Corporation or the Mayor-in-Council, as the case may be, the action taken under this sub-section and the reasons therefor.

24. (1) In the event of the occurrence of any vacancy in the office of the Mayor by reason of his death, the Deputy Mayor shall act as Mayor until the date on which a new Mayor elected in accordance with the provisions of this Act to fill such vacancy enters upon his office.

(2) When the Mayor is unable to discharge the functions of the Mayor owing to absence, illness or any other cause, the Deputy Mayor shall discharge his functions until the date on which the Mayor resumes his duties.

Powers and functions of the Mayorin-Council.

Powers and functions of the Mayor.

The Deputy Mayor to act as Mayor or to discharge the functions of Mayor during casual vacancy in the office of Mayor or during the absence of Mayor.

269 The Siliguri Municipal Corporation Act, 1990.

Powers and functions of the Chief Executive Officer.

Powers and functions of the Secretary.

[West Ben. Ac (Part IL—Constitution and Government.—Chapter C. Powers and functions of the Municipal Authorities and the Officers of the Corporation.—Sections 25, 26.)

(3) Subject to the other provisions of this Act, the Deputy Mayor shall, while acting as, or discharging the functions of, the Mayor under this section, have all the powers of the Mayor.

25. The Chief Executive Officer shall be the principal Executive Officer of the Corporation and shall, subject to the supervision and control of the Mayor,—

(a) exercise the powers and_ perform the functions specifically conferred or imposed on him by or under this Act or by any other law for the time being in force;

(b) assign the duties, and exercise supervision and control over the acts and proceedings, of all officers and employees of the Corporation;

(c) be responsible for the custody of all records other than the papers and documents connected with the proceedings of the Corporation and the Mayor-in-Council and the Municipal Accounts Committee, and shall preserve the same in such manner and for such period as may be determined by regulations;

(d) be responsible for the preparation of the annual report on the working of the Corporation and such report shall be prepared as soon as may be after the first day of April each year and not later than such date as may be fixed by the State Government and shall be placed before the Corporation for consideration before the same is forwarded to the State Government.

26. (1) The Secretary shall be the Secretary to the Corporation and the Municipal Accounts Committee and of other Committees, if any, and shall exercise such powers and discharge such functions as are conferred on him by or under this Act or as may be assigned to him by the Chief Executive Officer.

(2) The Secretary shall be responsible for the custody of all papers and documents connected with the proceedings of the Corporation and the Municipal Accounts Committee and of other Committees, if any, and shall preserve the same in such manner and for such period as may be determined by regulations.

270 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part 11.—Constitution and Government.—Chapter C. Powers and functions of the Municipal Authorities and the Officers of the Corporation.—Sections 27-29.)

27. The financial powers of the Corporation, the Mayor-in-Council Financial and the Chief Executive Officer shall be such as may be prescribed. powers of the Corporation, Mayor-in- Council and Chief Executive Officer.

28. (1) The Corporation may by resolution delegate, subject to such Delegation conditions as may be specified in the resolution, any of its powers or ond f powers functions to the Mayor-in-Council. functions.

(2) The Mayor-in-Council may by order delegate, subject to such conditions as may be specified in the order, any of its powers or functions to the Mayor or the Chief Executive Officer.

(3) Subject to such standing orders as may bq made by the Mayor-in-Council in this behalf,—

(a) the Mayor may by order delegate, subject to such conditions as may be specified in the order, any of his powers or functions to the Deputy Mayor or to the Chief Executive Officer;

(b) the Chief Executive Officer may by order delegate, subject to such conditions as may be specified in the order, any of his powers or functions to any other officer or any employee of the Corporation; and

(c) any officer of the Corporation other than the Chief Executive Officer may by order delegate, subject to such Conditions as may be specified in the order, any of his powers or functions to any other officer sub-ordinate to him.

(4) Notwithstanding anything contained in this section, the Mayor-in-Council, the Mayor, the Chief Executive Officer, or the other officer referred to in clause (c) of sub-section (3) shall not delegate—

(a) any of its or his powers or functions delegated to it or him under this section, or

(b) such of its or his powers or functions as may be prescribed.

29. If any doubt arises as to Whether any particular power or function appertains to any municipal authority or the Chief Executive Officer, the Mayor shall refer the matter to the State Government and the decision thereon of the State Government shall be final.

Doubts as to powers or functions of municipal authorities.

271 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Act (Part 11—Constitution and Government.—Chapter IV.—Election of Councillors and Aldermen.—Sections 30-33.)

CHAPTER IV Election of Councillors and Aldermen Electoral roll

30. There shall be an electoral roll for Siliguri showing the for Siliguri. names of persons qualified to vote and the electoral roll shall be prepared in accordance with the provisions of this Act and the rules made thereunder.

Disqualifica- 31. (1) A person shall be disqualified for registration in the electoral tion for roll if he— registration in electoral (a) is not a citizen of India, or roll.

(b) is of unsound mind and stands so declared by a competent court, or

(c) is for the time being disqualified from voting under the provisions of this Act or any other law relating to corrupt practices and other offences in connection with elections.

(2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll:

Provided that the name of any person struck off by reason of a disqualification under clause (c) of sub-section (1) shall forthwith be restored if such disqualification is, during the period such roll is in force, removed under any law authorising such removal.

Bar to registration for more than once.

Authority for preparation and revision of roll.

32. No person shall be entitled to be registered in the electoral roll for more than one constituency or for more than once in the electoral roll of any constituency.

33. (1) The State Government shall, by notification, and on such terms and conditions as it thinks fit, appoint an election authority and such number of assistant election authorities as may be necessary for the preparation, publication, revision, correction and maintenance of the electoral roll and for holding of elections under this Act.

(2) The election authority may appoint such staff for such period and on such pay as the State Government may sanction.

(3) The salary of the election authority, the assistant election authorities and the staff appointed under sub-section (2) and all other expenses relating to the establishment of such authority or authorities shall be paid out of the Municipal Fund.

272 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part 11.—Constitution and Government.—Chapter 1V.—Election of Councillors and Aldermen.—Sections 34, 35.)

Subject to the other provision of this Act, every person, Condition for registration.

(a) is not less than eighteen years of age on the qualifying date, and

(b) is ordinarily resident in Siliguri, shall be entitled to be registered in the electoral roll for Siliguri.

Explanation.—For the purposes of this Chapter, the expression "qualifying date" in relation to the preparation or revision of an electoral roll, shall mean the first day of such month of the year in which it is so prepared or revised as may be specified by the State Government by notification.

34.

who—

35. (1) A person shall be deemed to be ordinarily resident in Siliguri if he generally resides in Siliguri for a period of not less than one hundred and eighty-five days in a period of twelve months preceding the qualifying date:

Provided that—

(a) a person shall not be deemed to be ordinarily resident in Siliguri on the ground only that he owns, or is in possession of, a dwelling house therein, or

(b) a person, who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental diseases or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein.

Explanation.—A person shall be deemed to "reside" in any dwelling house or hut which or some portion of which he sometimes, although not uninterruptedly, uses as a sleeping apartment, and such person shall not be deemed to have ceased to "reside" therein merely because he is absent from it or has elsewhere another dwelling house or hut in which he resides, if there is the liberty of returning to it or if there is no abandonment of the intention of returning to it at any time.

(2) If in any case a question arises as to whether a person is ordinarily resident in Siliguri at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the State Government.

Meaning of ordinarily resident.

273 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Ad (Part IL—Constitution and Government.—Chapter IV—Election of Councillors and Aldermen.—Section 36.)

Preparation, revision and correction of electoral roll.

36. (1) The electoral roll for Siliguri shall be prepared by the election authority in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made by the State Government:

Provided that the electoral roll for the time being in force for the election of members to the West Bengal Legislative Assembly so far as it relates to the area of the city of Siliguri may be adopted as the electoral roll for the Corporation.

(2) The electoral roll shall be prepared separately for each constituency, there being several parts for different areas within each constituency.

(3) The electoral roll shall, unless otherwise directed by the State Government for reasons to be recorded in writing, be revised—

(i) before each general election to the Corporation, and

(ii) before each bye-election to fill a casual vacancy.

(4) If the election authority, on an application made to it or of its own motion, is satisfied after such enquiry as it thinks fit that any entry in the electoral roll is or has been erroneous or defective in any particular, the election authority shall, subject to such general or special directions, if any, as may be given by the State Government in this behalf, correct the entry.

(5) Save as otherwise provided in this Act, every person whose name is included in such part of the electoral roll for the time being in force for the election of members to the West Bengal Legislative Assembly as relates to the area comprised within a ward of the Corporation shall, so long as such roll remains in force, be entitled to vote at an election for the ward where his name is so included:

Provided that no such person shall vote at an election of Councillors, if he—

(a) has been adjudged by a competent court to be of unsound mind, or

(b) has voluntarily acquired the citizenship of a foreign State, or

(c) has been convicted of an offence under Chapter IXA of the Indian Penal Code punishable with imprisonment, or 45 of 1860.

has been found in a proceeding by the Court to have committed a corrupt practice within the meaning of this Act.

274 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part 11.—Constitution and Government.—Chapter IV.—Election of Councillors and Aldermen.--Sections 37-40.)

37. An appeal by any person aggrieved by any entry, in, or ommission from, the electoral roll or by any order or decision of the election authority shall, in accordance with such procedure as may be prescribed, lie to such appellate authority as the State Government may, by notification, appoint:

Provided that this provision shall not apply to a case where the, electoral roll for election of members to the West Bengal Legislative Assembly has been adopted as the electoral roll for the Corporation.

38. No civil court shall have jurisdiction—

(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in the electoral roll, or

(b) to question the legality of any action taken by or on behalf of the election authority under this Act.

Appeal.

Bar to jurisdiction of Civil Courts.

39. A person shall not be qualified for being elected a Councillor General qualificaor Alderman, if he— lions for

(a) is not entitled to vote at the election for any constituency being elected of the Corporation; or Councillor or

(b) is under twenty-one years of age; or Alderman.

(d) has any share or interest, direct or indirect, in any contract or employment with, by or on behalf of, the Corporation;

or has not paid any sum certified by the auditors to be due from him.

40. (1) A Councillor or an Alderman shall hold office for a term Tenn of of fiveyears from the date of his election as Councillor or Alderman, office of Councillors as the case may be: and Aldermen.

Provided that a Councillor or an Alderman elected against a casual vacancy shall hold office for the unexpired portion of the term of office of the Councillor or the Alderman, as the case may be, whose place he fills.

(2) A Councillor or an Alderman may, at any time, by giving notice in writing to the Chairman, resign his office and such resignation shall take effect from such date as may be specified in the notice, or if no such date is specified, from the date of its receipt by the Chairman.

(e) 275 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Act (Part IL—Constitution and Government.—Chapter of Councillors and Aldermen.—Sections 41, 42.—Chapter V.— Conduct of Business.—Sections 43-45.)

Bar to election as Alderman.

Procedure for holding elections.

41. A person shall not be qualified for being elected as an Alderman if he was a candidate for being elected as a Councillor in a general election immediately preceding the election of Aldermen.

42. The procedure for holding elections of the Councillors and Aldermen shall be such as may be prescribed.

CHAPTER V Conduct of Business Nomination of a panel of presiding officers.

Meetings.

First meeting of the Corporation after general election.

43. (1) The Chairman shall at the beginning of each calendar year nominate from amongst the elected members of the Corporation a panel of not more than three Presiding Officers and specify a sequence in which any one of them may preside over the meetings of the Corporation in the absence of the Chairman.

(2) A member nominated under sub-section (1) shall hold office until a new panel of presiding officers is nominated.

44. (1) The Corporation shall meet not less than once in every month for the transaction of business.

(2) The Chairman may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-third of the elected members of the Corporation, convene a meeting of the Corporation.

(3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in the like manner.

45. (1) The first meeting of the Corporation after a general election shall be held as early as possible after the publication of the results of the election of Aldermen under the rules made under this Act and shall be convened by the Chief Executive Officer.

(2) Notwithstanding anything contained in this Act, the first meeting of the Corporation for the election of the Mayor and the Chairman shall be presided over by a member to be nominated by the State Government in this behalf:

Provided that such member shall not himself be a candidate for such election.

(3) In the case of equality of votes obtained by the candidates for election as Mayor or Chairman, the election shall be made by lot to be drawn in presence of the candidates in such manner as the Presiding Officer may determine.

276 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part II.—Constitution and Government.—Chapter V.—Conduct of Business.—Sections 46-48.)

(4) The Presiding Officer shall report to the State Government the names of the persons elected as Mayor or Chairman and the State Government shall publish such names in the Official Gazette.

46. A list of the business to be transacted at every meeting of the Notice of meeti Corporation except at an adjourned meeting shall be sent by the Chief list of ng and Executive Officer to the registered address of each member of the business.

Corporation at least seventy-two hours before the time fixed for such meeting; and no business shall be brought before, or transacted at, any meeting other than the business of which notice has been so given:

Provided that any member of the Corporation may send or deliver to the Chief Executive Officer notice of any resolution so as to reach him at least seventy-two hours before the time fixed for the meeting and the Chief Executive Officer shall with all possible despatch take steps to circulate such resolution to every member of the Corporation in such manner as. he may think fit.

Explanation.—In this section, "registered address" means the address for the time being entered in the register of addresses of members of the Corporation to be maintained by the Secretary.

47. (1) The quorum necessary for the transaction of business at a Quorum.

meeting of the Corporation shall be one-third of the total number of members of the Corporation.

(2) If at any time during a meeting of the Corporation there is no quorum it shall be the duty of the Chairman or the person presiding over such meeting either to adjourn the meeting or to suspend it till there is a quorum.

(3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before such meeting if there had been a quorum, shall be brought before and may be transacted at an adjourned meeting, whether there is a quorum or not.

(4) All matters required to be decided by the Corporation at a meeting shall, save as otherwise provided in this Act, be determined by a majority of the members of the Corporation present and voting at such meeting.

4S. (1) The Chairman or, in his absence, a member of the panel of Presiding Officer of a Presiding Officers nominated under section 43 shall preside at every meeting of meeting of the Corporation: the Corporation.

Provided that when a meeting is held to consider a motion for the removal of the Chairman, the Chairman shall not preside at such meeting.

277 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Act (Part 11.—Constitution and Government.—Chapter V.—Conduct of Business.—Sections 49-52.)

(2) In the absence of the Chairman and all members of the panel of the Presiding Officers as aforesaid from a meeting of the Corporation, the elected members present shall choose from amongst themselves one member to preside over the meeting.

(3) The Chairman or the person presiding over a meeting of the Corporation shall have and exercise only a casting vote in all cases of equality of votes and not otherwise.

Discussion on urgent public matters.

Questions on matter relating to administration.

Statements on matters relating to administation.

Circulation of minutes and inspection of minutes and reports of proceedings.

49. (1) Any Councillor or Alderman may give notice of raising discussion on a matter of urgent public importance to the Secretary, specifying the matter to be raised.

(2) Such notice supported by the signature of at least two other elected mambers shall reach the Secretary at least seventy-two hours before the date on which such discussion is sought and the Secretary shall promptly place it before the Chairman or, in his absence, any member of the panel of Presiding Officers and circulate the same among the members in such manner as he may think fit.

50. A Councillor or an Alderman may, in such manner as may be prescribed, ask the Mayor-in-Council questions on any matter relating to the administration of the Corporation or the municipal government of the city and all such questions shall be answered by the Mayor or any other member of the Mayor-in-Council.

51. (1) Any Councillor or Alderman may ask for a statement from the Mayor-in-Council on an urgent matter relating to the administration of the Corporation or the municipal government of the city by giving a notice to the Secretary at least one hour before the commencement of the sitting on any day.

(2) The Mayor or a member of the Mayor-in-Council may accordingly make a brief statement on the same day or fix a date for the same.

52. (1) Minutes of the proceedings of each meeting of the Corporation shall be circulated to all the members of the Corporation and shall at all reasonable times be available at the office of the Corporation for inspection by any member of the Corporation free of cost, and by any other persons on payment of such fee as the Corporation may determine.

(2) The minutes of the proceedings of each meeting of the Corporation shall be read out and confirmed at its subsequent meeting.

(3) The manner of transaction of business in the meetings of the Corporation not specifically provided for in this Act shall be such as may be determined by the Corporation by regulations.

278 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part II.—Constitution and Government.—Chapter VI.— Control.—Sections 53, 54.)

CHAPTER VI Control

53. (1) If in the opinion of the State Government, the Corporation has shown its incompetence, or has persistently made default, in the performance of the duties or in the exercise of the functions imposed on it by or under this Act or any other law, or has exceeded or abused its powers, the State Government may, by an order published, with the reasons for making it, in the Official Gazette, declare the Corporation to be incompetent, or in default, or to have exceeded or abused its powers, as the case may be, and supersede it, either entirely or in respect of such functions as may be specified in the order, for such period not exceeding twelve months, as may be specified in the order:

Provided that no such order shall be made by the State Government unless—

(a) a notice has been given to the Corporation specifying therein a period within which the Corporation may submit representation, if any, against the proposed order; and

(b) such representation has been considered by the State Government.

(2) The State Government may, if it considers necessary so to do, by order extend the period of supersession so, however, that the total period of supersession does not exceed eighteen months.

54. (1) With effect from the date of an order made under section 53,—

(a) all members of the Corporation, the Mayor-in-Council and any Committee of the Corporation constituted under this Act shall vacate their respective offices, except in a case where the supersession is partial, and

(b) all the powers and the duties, which under the provisions of this Act or any rule, regulation or by-law made thereunder may be exercised or performed by the Corporation or the Mayor-in-Council or any Committee of the Corporation or the Mayor or such other powers and duties as may be specified in the order, shall be exercised or performed, subject to the direction issued by the State Government, by such person or persons as the State Government may appoint in this behalf:

Provided that when the State Government appoints more than one person to exercise any powers and perform any duties, it may, by order, allocate such powers and duties among the persons so appointed in such manner as it thinks fit:

Power of the State Government to supersede the Corporation.

Consequences of supersession.

279 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Act (Part HL—Finance.—Chapter VIL—The Municipal Fund, Budget, Loans, Accounts and Audit.—Section 55.)

Municipal Fund.

Provided further that the State Government shall fix the remuneration of such person or persons and may direct that such remuneration shall in each case be paid out of the Municipal Fund.

(2) For the avoidance of doubts it is hereby declared that an order of supersession made under section 53 shall not effect or imply in any way the dissolution of the Corporation as a body corporate.

(3) Every order made by the State Government under sub-section

(1), or sub-section (2), of section 53 shall be laid, as soon as may be after it is made, before the State Legislature, while it is in session, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions.

PART III FINANCE

CHAPTER VII The Municipal Fund, Budget, Loans, Accounts and Audit

55. (1) There shall be a Municipal Fund held by the Corporation in trust for the purposes of this Act and all moneys realised or realisable under this Act and all moneys otherwise received by the Corporation shall be credited to this fund.

(2) The Municipal Fund shall be maintained in the following four accounts, namely:—

(a) the Water-supply, Sewerage and Drainage Account,

(b) the Road Development and Maintenance Account,

(d) the General Account.

(3) All moneys payable to the Municipal Fund in the different accounts referred to in sub-section (2) shall forthwith be paid into the State Bank of India or in any other bank approved by the State Government in this behalf, to the credit of the accounts which shall respectively be styled as—

(a) the Water-supply, Sewerage and Drainage Account of the Municipal Fund of the Siliguri Municipal Corporation,

(b) the Road Development and Maintenance Account of the Municipal Fund of the Siliguri Municipal Corporation,

(d) the General Account of the Municipal Fund of the Siliguri Municipal Corporation.

280 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part 111.—Finance.—Chapter VIL—The Municipal Fund, Budget, Loans, Accounts and Audit.—Sections 56-60.)

56. Subject to the proNiisions of section 55, the moneys credited from time to time to the Municipal Fund shall be applied for payment of all sums, charges and costs necessary for carrying out the purposes of this Act and the rules and the regulations made thereunder or for payment of all sums payable out of the Municipal Fund under any other enactment for the time being in force or under any arrangement approved by the State Government.

57. Subject to the other provisions of this Act, payment from the Municipal Fund shall be made in such manner as may be determined by regulations, and the accounts referred to in section 55 shall be operated, by such officers of the Corporation as may be authorised by the Corporation by regulations.

58. No payment of any sum out of the Municipal Fund shall be made unless the expenditure is covered by a current budget grant and a sufficient balance of such budget grant is available notwithstanding any reduction or transfer thereof under the provisions of this Act.

59. Surplus moneys standing at the credit of any of the accounts of the Municipal Fund which cannot, immediately or at an early date, be applied for the purposes of this Act by the Corporation may, in accordance with such rules as may be made by the State Government in this behalf, be transferred by the Corporation either in whole or in part to any other account of the Municipal Fund:

Provided that no such money shall be transferred permanently from any one account to any other account of the Municipal Fund without the previous approval of the State Government.

60. (1) The Corporation shall, on or before the 2nd day of March in each year, adopt for the ensuing year a budget estimate of the income and the expenditure of the Corporation to be received and incurred on account of the municipal government of the city.

(2) The budget estimate shall separately state the income and the expenditure of the Corporation to be received and incurred in terms of the following accounts, namely:—

(a) the Water-supply, Sewerage and Drainage Account,

(b) the Road Development and Maintenance Account,

(d) the General Account.

Application of Municipal Fund.

Operation of Bank Account.

Payment not to be made out of the Municipal Fund unless covered by a budget grant.

Investment of surplus moneys.

Annual Budget.

281 The Siliguri Municipal Corporation Act, 1990.

Power of the Corporation to raise loan.

Limit to the power to raise loan.

[West Ben. Acl (Part 111.—Finance.—Chapter VIL—The Municipal Fund, Budget, Loans, Accounts and Audit.—Sections 61, 62.)

(3) The budget estimate shall state the rates at which various taxes, cesses and fees shall be levied by the Corporation in the year next following.

(4) The budget estimate shall state the amount of money to be raised by the Corporation as loan during the year next following.

(5) The Mayor shall present the budget estimate to the Corporation on the 15th day of February in each year or as soon as possible thereafter.

(6) The budget estimate shall be prepared, presented and adopted in such form and in such manner, and shall provide for such matters, as may be determined by regulations.

(7) The Corporation may from time to time revise the budget estimate of a year during the course of that year, in due consideration of the recommendation of the Mayor-in-Council in that behalf.

61. The Corporation may, by a resolution passed at a meeting, from time to time raise a loan, by the issue of debentures or otherwise on the security of the consolidated rate or of all or any of the taxes, fees and dues under this Act, or on the guarantee by the State Government, of any sum of money which may be required—

(a) for the construction of works under this Act, or

(b) for the .acquisition of land or building for the purpose of this Act, or

(d) to repay a loan raised under this Act, or

(e) for the acquisition of a public utility concern which renders such services as the Corporation is authorised to render under this Act, or

(f) for the purchase of vehicles, locomotive engines, boilers, plants and machineries necessary for carrying out the purpose of this Act, or

(g) for any other purpose for which the Corporation is authorised to borrow by or under this Act or any other law in force for the time being:

Provided that no loan shall be raised without the previous sanction of the State Government and that the terms and conditions (including the period) of repayment of the loan shall be subject to the approval of the State Government.

62. Notwithstanding anything hereinbefore contained, the power of the Corporation to raise a loan shall be so limited that the sums payable under this Act during any year for interest and for the maintenance of Sinking Funds established under this Act shall not exceed fifteen per cent of the annual value of land and buildings as determined under this Act.

282 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.1 (Part 111.—Finance.—Chapter VII.—The Municipal Fund, Budget, Loans, Accounts and Audit.—Sections 63-67.)

63. Notwithstanding anything contained in section 61, whenever the raising of any loan has been sanctioned by the State Government under that section the Corporation may, instead of raising such loan or any part thereof from the public, take credit, on such terms as may be approved by the State Government, from any bank on a cash account to be kept in the name of the Siliguri Municipal Corporation Cash Account to the extent of such loan or any part thereof and, with the sanction of the State Government, may grant mortgages of all or any of the properties vested in the Corporation by way of securing the repayment of the amount of such credit or of the sum advanced from time to time on such cash account with interest.

64. Every loan raised by the Corporation under section 61 shall be repaid within the period approved under that section and by such of the following methods as may be approved by the State Government, namely:—

(a) from a Sinking Fund established under section 66 in respect of such loan, or

(b) partly from such Sinking Fund and partly from the loan raised for the purpose under section 61.

Repayment of loan.

65. All debentures issued under this Chapter shall be in such form, Form and regulation determine, and the right to sue in respect of the money secured and shall be transferable in such manner, as the Corporation may by effect of debentures.

by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others.

66. (1) The Corporation shall establish a separate Sinking Fund in Sinking respect of each loan raised under section 61 and shall pay into such fund Fund.

every six months a sum so calculated that if regularly paid, such sum together with the compound interest accrued thereon would be sufficient, after payment of all expenses, to pay off the loan within the period approved by the State Government under the proviso to section 61.

(2) The rate of interest at which the sum referred to in sub-section

(1) shall be calculated shall be such as may be prescribed.

Power of the Corporation to open a credit account with a bank.

67. (1) All moneys paid into a Sinking Fund shall as soon as possible be invested by the Corporation in—

(a) Goverment securities, or

(b) securities guaranteed by the Central or any State Government, or Investment of the amount of the Sinking Fund.

283 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Act (Part III.—Finance.--Chapter VII.—The Municipal Fund, Budget, Loans, Accounts and Audit.—Sections 68-70.)

Application of the Sinking Funds.

Statement of investments.

Annual examination of Sinking Funds.

(d) debentures issued, if any, by the Siliguri Development Authority, or

(e) any public securities approved by the State Government and shall be held by the Corporation for the purpose of repaying from time to time the loans raised by it by the issue of debentures or otherwise.

(2) All dividends and other sums received in respect .of any such investment shall, as soon as possible, be paid into the appropriate Sinking Fund and invested in the manner laid down in sub-section (1).

(3) Moneys paid into two or more Sinking Funds may, at the discretion of the Corporation, be invested together as a common fund and it shall not be necessary for the Corporation to allocate the securities held in such investments among the several Sinking Funds.

(4) Any investment made under this section may from time to time, subject to the provisions of sub-section (1), be varied or transposed.

68. Until any loan is wholly repaid, the Corporation shall not apply any Sinking Fund established under this Act in respect of such loan for any purpose other than the purpose of repayment of such loan.

69. (1) The Chief Executive Officer shall, at the end of each year, prepare a statement showing—

(a) the amount which has been invested during the year under section 67,

(b) the date of the last investment made during the year,

(d) the aggregate amount which has, up to the date of the statement, been applied for the purpose of repayment of loan under section 68.

(2) Every such statement shall be laid before a meeting of the Corporation and shall be published in the Official Gazette.

70. (1) All S inking Funds established under this Act shall be subject to annual examination by the auditors appointed under section 77, who shall ascertain whether the cash and the value of the securities belonging thereto are equal to the amount which should be at the credit of such funds had investments under section 67 been regularly made and had the interest accruing on account of such investments been regularly obtained. .

284 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part 111.—Finance.--Chapter VII.—The Municipal Fund, Budget, Loans, Accounts and Audit.—Section 71.)

(2) The amount which should be at the credit of a Sinking Fund shall be calculated on the basis of the sums credited to such fund under subsection (1) of section 67.

(3) The value of securities belonging to a Sinking Fund shall be their current value, unless such securities become due for redemption at par with or above their face value before maturity in which case their current value shall be taken as their redemption value, except in the case of debentures issued by the Corporation which shall always be valued at par with their face value, provided that the Corporation shall make good immediately any loss owing to the sale of such debentures for repayment of the loan raised under section 61.

(4) The Corporation shall forthwith pay into any Sinking Fund such amount as the auditors appointed under section 77 may certify to be deficit unless the State Government specially sanctions a gradual readjustment of such deficit in respect of such fund.

(5) If the cash and the value of the securities at the credit of any Sinking Fund are in excess of the amount which should be at its credit, the auditors appointed under section 77 shall certify the amount of such excess sum and the Corporation may thereupon transfer the excess sum to the Municipal Fund in the General Account.

(6) If any dispute arises as to the accuracy of any deficit or excess referred to in the certificate under sub-section (4) or sub-section (5), the Corporation may, after payment of such deficit or after transfer of such excess, as the case may be, refer the matter to the State Government whose decision thereon shall be final.

71. (1) The Corporation may borrow money from the State Government for carrying out of the purposes of this Act, other than those referred to in section 61, on such terms and conditions as the State Government may determine.

(2) If any money borrowed by the Corporation from the State Government before the commencement of this Act or under sub-section

(1) is not repaid, or any interest due in respect thereof is not paid, according to the terms and conditions of such borrowing, the State Government may attach the Municipal Fund or any portion thereof.

(3) After such attachment no person other than an officer appointed in this behalf by the State Government shall in any way deal with the attached Fund or portion thereof. Such officer may do all acts in respect thereof which any municipal authority or an officer or employee of the Corporation might have clone under this Act if such attachment had not taken place, and may apply such fund or portion thereof for payment of the arrear and the interest due in respect of such borrowing and of all expenses on account of the attachment and subsequent proceedings:

Power of the Corporation to borrow money from the State Government.

285 Attachment of Municipal Fund for securing any payment into Sinking Fund.

Accounts.

The Siliguri Municipal Corporation Act, 1990.

Audit of account by Finance Officer.

Report by the Finance Officer.

[West Ben. Act (Part III.—Finance.—Chapter VIL—The Municipal Fund, Budget, Loans, Accounts and Audit.—Sections 72-75.)

Provided that no such attachment shall defeat or prejudice any debt for which the fund attached was previously charged under any law in force for the time being and all such prior charges shall be paid out of the fund before any part thereof is applied for repayment of the borrowing under sub-section (1) and payment of interest accruing thereon.

72. If the Corporation fails to make any payment or to transfer any sum under sub-section (4) or sub-section (5) of section 70, the State Government may attach the Municipal Fund or any portion thereof and thereupon the provisions of section 71 shall, with all necessary modifications, apply.

73. The accounts of all receipts and expenditure of the Corporation shall be kept in such manner and in such form as the State Government may from time to time prescribe by rules.

74. (1) The Finance Officer shall conduct a monthly internal audit of the accounts of the Corporation and shall report thereon to the Mayorin-Council who shall cause an abstract of the receipts, and expenditure of the month last preceding to be published.

(2) The Finance Officer shall also conduct from time to time such other audit of the accounts of the Corporation as the Mayor-in-Council may direct.

(3) For the purpose of audit of the accounts of the Corporation the Finance Officer shall have access to all accounts of the Corporation and records and correspondences relating thereto and the Chief Executive Officer shall forthwith furnish to the Finance Officer such explanation concerning any receipt of expenditure as he may call for.

75. (1) The Finance Officer shall,—

(a) report to the Mayor-in-Council any material impropriety or irregularity which he may at any time observe, in the expenditure or in the recovery of moneys due to the Corporation or in the accounts of the Corporation;

(b) furnish to the Mayor-in-Council such information as it may from time to time require concerning the progress of the audit.

(2) The Mayor-in-Council shall cause to be laid before the Corporation every report made to it by the Finance Officer together with a statement of orders passed thereon by the Mayor-in-Council and thereupon the Corporation may take such action as it may deem fit.

286 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.)

(Part 111.—Finance.--Chapter V11.—The Municipal Fund, Budget, Loans, Accounts and Audit.—Sections 76, 77.)

(3) As soon as may be after the commencement of each financial year the Finance Officer shall deliver to the Mayor-in-Council a report on the entire accounts of the Corporation for the preceding year.

(4) The Secretary shall cause such report to be printed and circulated among the Councillors and the Aldermen.

(5) The Chief Executive Officer shall forward to the State Government as many copies of such report as may be required by the State Government together with a brief statement of action taken or proposed to be taken thereon.

76. The Finance Officer shall audit the accounts of the Corporation with the assistance of officers and other employees subordinate to him and, for the purpose, may call for such vouchers, statements, returns and explanations in relation to such accounts as he may think fit, and shall be competent to frame standing orders and to give directions on all matters relating to audit and particularly in respect of the method and the extent of audit and the raising and pursuing of objections.

77. (1) The accounts of the Corporation shall be audited from time to time by such auditors are appointed for audit of State Government Accounts.

(2) The Chief Executive Officer shall submit accounts to auditors as required by them:

Provided that the Chief Executive Officer shall not be bound to submit accounts of expenditure in connection with any anticorruption work but shall, if so required by the auditors, furnish certificate under hiS signature of all such expenditure.

(3) The auditors so appointed may,—

(a) by written summons, require the production before them or before any officer subordinate to them of any document which they may consider necessary for the proper conduct of audit;

(b) by written summons, require any person accountable for, or having the custody or control of, any such document to appear in person before them or before any officer subordinate to them; and

(c) require any person so appearing before them or before any officer subordinate to them to make or sign a declaration with respect to such document or to answer any question or prepare and submit any statement.

(4) The provisions of sub-section (3) shall not apply to the accounts of expenditure incurred in connection with any anticorruption work.

Power of the Finance Officer to call for vouchers, etc.

Appointment of Auditors.

287 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Act (Part III.—Finance.—Chapter VII.—The Municipal Fund, Budget, Loans, Accounts and Audit.—Sections 78-80.)

Report and information to be furnished by auditors.

Mayor-in- Council to remedy defects and report to the State Government.

Reference of reports to Municipal Accounts Committee.

78. The auditors appointed under section 77 shall—

(a) report to the Mayor-in-Council any metarial impropriety or irregularity which they may observe in the expenditure, or in the recovery of moneys due to the Corporation or in the accounts of the Corporation;

(b) report to the Mayor-in-Council any loss or waste of money or other property owned by or vested in the Corporation which has been caused by neglect or misconduct and may, if they think fit, report the names of the persons who in their opinion are directly or indirecly responsible for such loss or waste;

(c) furnish to the Mayor-in-Council such information as the Mayor-in-Council may from time to time require regarding the progress of audit;

(d) as soon as may be after the completion of audit, deliver to the Mayor-in-Council a report upon the accounts of the Corporation and submit a duplicate copy thereof to the Corporation;

(e) conduct a special audit, when so directed by the State Government or the Corporation, on any receipt or expenditure of the Corporation or examine any accounts of stores and stocks and submit a report upon the same to the Mayor-in-Council and the Corporation;

(f) submit to the State Government copies of all reports referred to in clauses (a), (b), (d) and (e).

79. The Mayor-in-Council shall forthwith remedy any defects or irregularities that may be pointed out by the auditors and shall report to the Corporation and the State Government the action taken by it:

Provided that if there is a difference of opinion between the Mayorin-Council and the auditors the Mayor-in-Council, or if the Mayor-in- Council does not remedy any defect or irregularity within a reasonable period, the auditors shall refer the matter to the State Government as soon as possible and it shall be within the competence of the State Government to pass such orders thereon as it thinks fit.

80. (1) The Corporation shall refer all reports received under section 78 to the Municipal Accounts Committee for their examination and report under section 10.

(2) The report of the Municipal Accounts Committee shall be discussed at a meeting of the Corporation for such decision as the Corporation may think fit:

288 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part 111.—Finance.—Chapter VIL—The Municipal Fund, Budget, Loans, Accounts and Audit.—Sections 81, 82.)

Provided that if no report is received from the Municipal Accounts Committee, the Corporation shall be competent to discuss auditors' reports under section 78 for such decision as it thinks fit.

(3) The Corporation shall publish the auditors' reports referred to in section 78 together with the reports of the Municipal Accounts Committee, if any, and the decision of the Corporation thereon, in accordance with such rules as may be prescribed.

81. (1) The auditors shall, after giving the person concerned an opportunity to submit an explanation and after considering such explanation, if any, disallow every item of accounts contrary to the provisions of this Act, and surcharge the amount of an illegal payment on the person making or authorising the making of such payment, and charge against any person responsible therefor the amount of any deficiency or loss incurred by the negligence or misconduct of such person or any amount which ought to have been, but is not, brought into account by such person, and shall in every such case certify the amount due from such person.

(2) The auditors shall record the reasons for every disallowance, surcharge or charge under sub-section (1), and shall serve in the manner prescribed a certificate for the amount due under that sub-section, and a copy of such reasons, on the person against whom the certificate is made, and shall incorporate such cases of disallowance, surcharge or charge in their report to the Mayor-in-Council, the Corporation and the State Government under section 78.

82. Any person from whom any sum has been certified by the auditors under section 81 to be due may, within one month after he has received or has been served with the certificate, either—

(a) apply to a Civil Court of competent jurisdiction to set aside or modify such disallowance, surcharge or charge and upon such application the Court may, after taking such evidence as it considers necessary, confirm, set aside or modify the disallowance, surcharge or charge, and the certificate with such order as to costs as it may think proper, or

(b) appeal to the State Government and the State Government shall pass such orders as it thinks fit. The decisions of the State Government on such appeal shall be final.

Powers of the auditors to disallow, surcharge and charge.

Right of appeal to a Civil Court or the State Government.

289 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Act (Part 111.—Finance.—Chapter VII.—The Municipal Fund, Budget, Loans, Accounts and Audit.—Sections 83-86.)

Payment of certified amount.

Cost payable out of Municipal Fund.

Effect of nonpayment of certified amount.

Power of the State Government to make rules.

83. Where an amount is certified under sub-section (1) of section 81 to be due from any person, such amount, or where such person proceeds under section 82, such amount as the Court or the State Government, as the case may be, may decide to be due from such person, shall be paid within three months from the date of certificate under sub-section (1) of section 81 or, as the case may be, within such period, not less than three months from the date of such decision, as the Court or the State Government, as the case may be, may allow and in the case of default of payment, the amount shall be recoverable by the Corporation as an amount decreed by the Civil Court.

84. (1) Any cost allowed by the Court under clause (a) of section 82 shall be paid out of the Municipal Fund within such period as the State Government may fix in this behalf.

(2) If the Corporation fails to pay such cost within the period fixed by the State Government under sub-section (1), the State Government may attach the Municipal Fund or any portion thereof and the provisions of sub-section (2) of section 71 shall, with all necessary modifications, be deemed to apply in respect of such attachment.

85. Where a person from whom an amount is certified to be due under sub-section (1) of section 81 is a member of the Corporation or of a committee thereof or is an officer or employee of the Corporation and where such person has not paid such amount within three months from the date of such certificate, or where an amount declared to be due from such person under clause (a) or clause (b) of section 82 has not been paid by such person within such period, not less than three months from the date of such declaration, as may be allowed to him under section 83, such person shall be deemed to have vacated his seat or to have been dismissed from the service of the Corporation, as the case may be, with effect from the date of an order to be made by the State Government in this behalf and shall not be eligible for re-election or re-appointment, as the case may be, until the amount as aforesaid has been paid by him.

86. (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters:—

(a) the manner and the forms in which the accounts of the Corporation shall be kept under section 73;

290 The Siliguri Municipal Corporation Act, 1990.

XXX of 1990.]

(Part IV.—Chapter VIII.—Powers and functions of the Corporation.—Section 87.)

(b) the time within which, and the manner in which, the matter referred to in the proviso to section 79 shall be referred to the State Government;

(c) the publication of the auditors' reports together with the report of the Municipal Accounts Committee under subsection (3) of section 80;

(d) any other matter which may be or is required to be prescribed under the provisions of this Chapter.

PART IV

CHAPTER VIII Powers and functions of the Corporation

87. It shall be the obligatory duty of the Corporation to make Obligatory reasonable and adequate provision for the following matters within the the functions of limits of the city and within the financial means at its disposal, namely:— Corporation.

(I) in the sphere of public works,—

(a) construction and maintenance of water works and providing by itself or by an agency, means for supply of water for public and private purposes;

(b) construction, maintenance and cleansing of sewers and drains, sewerage and drainage works;

(d) construction, maintenance, alteration and improvement of public streets and street furniture, bridges and culverts, flyovers, sub-ways, cause-ways and the like;

(e) naming of streets and numbering of premises;

(0 lighting of public streets and other public places;

(g) planting and care of trees on road-side and elsewhere;

(h) construction and maintenance of municipal markets and slaughter houses and the regulation of all markets and slaughter houses;

(i) maintenance of all monuments vested in the Corporation;

(2) in the sphere of public health and sanitation,—

(a) scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters;

291 The Siliguri Municipal Corporation Act, 1990.

[West Ben. Act (Part N.—Chapter VIII.—Powers and functions of the Corporation.—Section 87.)

(b) reclamation of unhealthy localities, removal of noxious vegetation and abatement of all nuisances;

(d) watering and cleansing of public streets and other public places;

(e) ensuring the wholesomeness of water supplied for drinking and domestic purposes;

(1) regulation of the places for the disposal of the dead and the provision and maintenance of places for the said purpose;

(g) measures for preventing and checking the spread of dangerous diseases;

(h) public vaccination and inoculation;

(i) removal and disposal of the unclaimed dead bodies and carcasses of all dead animals;

(j) maintenance of all public tanks and regulating the reexcavation, repair and up-keep of all private tanks, wells and other sources of water supply on such terms and conditions as the Mayor-in-Council may deem proper;

(k) conversion of all service privies into sanitary latrines and providing adequate facilities for sanitation so that open defecation may be completely done away with;

(1) disposal of the solid and liquid wastes consistent with efforts to cause recovery and re-use of all that can be salvaged;

(3) in the sphere of town planning and development,—

(a) devising town planning within the limits of the city in accordance with the laws relating to town planning for the time being in force;

(b) regulating the land-use pattern in the fringe areas of the city in accordance with the law applicable for the purpose;

(d) control of regular lines of streets;

(e) control of all building operations and regulation of building uses;

(f) co-ordination of all overground rights enjoyed by service agencies;

292 The Siliguri Municipal Corporation Act, 1990.

KXX of 1990.]

(Part IV.—Chapter VIII.—Powers and functions

The Siliguri Municipal Corporation Act, 1990

The enactment

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