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The Calcutta Improvement Act, 1911

Act 5 of 1911

Keyword(s): Betterment Fee, The Board, Building Line, The Calcutta Municipality, Chairman, The Corporation, Improvement Scheme, Land, Municipal Assessment-Book, Secretary to the Board, Tribunal, Trustee

Bengal Act V of 1911 (The Calcut ta Improvement Act, 1911.)'

V! S U P P L E M E ~ D ... A C ~ X V ~ or 191 1.

E ~ E N D E D TO E A ~ R N BENCAL . . . Ben. Ac1 I of 19 14.

REPEALED IN PART Bcn. Act l or 1922. Wcsl Bcn. Act LII of 1950.

Ben. Ack Ill of 1915. REPEALED IN PART AND AMENDED . . . ACI XXXVlII or 1920.

Bcn. Act J of 1939.

'LEGWTM PAPERS.-For Slakrnenl of Objects and Reasons, see rhc Cnlcrrrro (;ozefte or 1910. Pan 1V. pages 102 lo I 1 I : lor Rcporls of Sclccr Cornrnilrcc. scr ;bid. 191 I, Part IV , pagcs 12 ro 4 0 and p a g a 123 md 124; for Proceedings in Council. Jcr ibill, I9 10, Part IVA, pages 470 lo 476.5 19 10 526; and sce ibid. 19 11, Pnri 1VA. p a p s 49, 56, 247 !u 250, 948 ro 398,401 to 467.469 10 535. 538 ro M2. 604 ro 674 and 676 10 742.

...

- Ben. Act 1X of 1923. Ben. ACI Il or 1926. Ben. Act V11I of 193 1 .

Ben. Act I1 of 1935. Ben. Act XVI of 1946. Wen Ben. Acl XXII or 1948. West Ben. Acl XVII of 1949. West Bcn. ACL L of 1950. Wesl Ben. Acl XXXII of 1955. Wcst Bcn. Act XX of I96 1. W c s ~ Ben. ACL XI11 of 1966. Wesl Ben. Acl Vm of 1972. West Ben. Acr XI of 1972. West Ben. Ac! XXV of 1973. West Ben. ACL XI11 of 1975. Wesi Ben. AaXXXYm 6 1976.

- Wcst Bcn. Act XLII of 1983.

(a) The Governrnenr of India (Adaplation o f Indian Laws) Order, 1937.

(b) The Indian Independence (Adap~alion of Bengal and Punjab Acts) Order, 1948.

(c) The Adaptalion of Laws Ordcr, 1950.

[Ben. Act V

An Act to provide for the irrrproverrrent otld ex-patuiotr oJCnlcurm. WHEREAS it i s expedient ro make provision for [he improvemen1

and expansion o f Calculra by opening up congested areas, laying out or altering streets, providing open spaces for purposes of ventilation orrecrearion, demolishing orcons~ructingbui Idings, '[clearing b~rsrees, execuring housing schemes and schemes for the rehousing of persons displaced by the execukion of improvement schemes, acquiring land for the said purposes and all works relaling thereto], and otherwise as hereinaf~er appearing;

AND WHEREAS i t i s expedient [hat a Board of Trustees should be constituted and invesled 'with special powers for carrying out rhe objects of [his Act;

AND WHEREAS thc sanction of the Governor-Gcncral has been 55 and 56

obtained. under section 5 of [he Indian Councils Acl, 1892, to the '- provisions of this Act, which affect Acts passed by ~ h e Governor- General of India in Council; I

AND \VHEREAS the sanction of rheGovemor-General has also been 24 m d 25

obtained, under section 43 of the Indian Councils Act, 1861, to the zj51.n enactment of the provisions of Chapter V O F this Act. relating to [axation;

I

It is hereby enac,red as follows :-

( F O O I - I I ~ I ! ~ I c ~ ~ t ~ f i r ~ ~ t e c l J ~ O I I I p r e v i ~ ) ~ ~ . ~ pnge c 1 ~ ~ ~ ~ 1 1 1 d ~ d . J LOCAL EKIEN1.-This ACL (except srcrions 82 ID 86) cxrcndr only lo the Calcuita

Municipality-Sce scc~ion l(3). Section 82 originnlly cxrcnded rhroughuui Bcngal as cons~i~utcd in thl: year 191 1.

1 . L'.. 1-

( I I thl: rorrner Pmvincc of Bcngal zxccp~ Eaicrn Bcngd. md (1) the Province or Bihar and Orissa.

This srclion has sincc hrcn cxrended 10 Ejsrcrn Bcngal by ihc Rcngal Laws Aci. 1914 (Hen. Acr I or 1914). s, 3. Sch. I.

Section 8.1 cxlcnds 1-

( I ) railway statiuns in thc Calcutra and Howrnh Municipnliiics, and (2) ccnain landing-place> in ihc Port of Calcuri;!:

Sccrion 84 cxlcnds ru ihc Port or Czlculta: Sccrion 1;s catends lo Calcuira: Scction 86 has the sanw local cxwni as 5rurions 82.83 and 84. So Tar ii afiects

scclion 82. i t has bccn uxrcndcd !n Easlrm Brngal by rhr: Bcngal Laws Acr. 19 14 (Ben. ACI I o i 191 4). s. 3. Sch. 1.

Sevcnl sccrions or ihc Acl. ( e . ~ . . sccrions 40 10 52, 54 lu 56, 63, 66, 149. 163, 167, 168) conrcrnplaic ~l iat oprr;\lions or rhc Bnard of Trusires consiirutcd undur ir [nay hc carried on in arcLC beyond thc Colcul~a Municipiilily. and sccrion l(3) givcs p o w r lo exiznd provisions or the Act ro such a r e a .

'Subslilured for rhc words "acquiring Imd for thc said purpliscs and lor rhc rc- housing nf person> or rhc pnorer i\nd working claqses displilusd by ihc cxccu~ion o l inlprovernznr hchrn~cs" by s. 2 OC lhc Calculta llnprovemcnt (~rncndmen~) Act. 1955 (Welt Bcn. Acr XXXI I 1955).

CHAPTER I

Preliminary.

1. (I) This Act may be called the Calcutta Improvement Act, shofltitlc, commcnce-

191 1. men1 and cxlcnl.

(2) It shall come into force on such day' as the '[stare Govern- ment] may, by notitication, direct.

(3) Excepr as otherwise hereinafterpravided. this Acl shall extend only to [he Calcurta Municipali~y; but any provision which extends only to the Calcurta Municipality may be extended by the 2[~tate govern men^], entirely or in part, by notification, under the procedure prescribed by section 148. to any specified area in [he neighbourhood of that Municipaliry.

2. In this Act, unless there is anything repugnant in thesubjecr or Dcfinitiunb.

context,-

3(1a) "brttermcn~ fee" means the Fee prescribed by section 78A in respect of an increase in value of land resulring from the execu~ion of an improvement scheme;

(n) "the Board" means [he Board of Trustees for ,the improvement of Calcut [a, constiluted under his Act;

' ( an ) "building line" means a line (in rear of the slreet alignmen!) up to which the main wall of a building abu~ting on a projected public meet may lawfully extend;

5(b) "the Calcutta Municipality" means "Calcutta" as defined in clause (11) of sectian 5 of the Calculla Municipal Acl. 1951;

'i.e.. lhc 2nd Jwuilry. 19 12. sep notification No. 1 148, dalrd the 30th Ocrobcr. 1911.

%r: word3 "Pruvincial Govcrnmcnr" rvcrc originillly subslilutcd Cnr thc u.orJ5 "Lucal Govcrnrnent". by pnngmph 4 ( 1 ) of rhc Govcrnrnent of India (Adaplarion or Indian Laws) Order. 1937. and ihcrcalrcr thc word "Stare" was subsl~lutcd for ~ h c word "Provincial" by paragraph 4 ( 1 ) of rhc Adaptarion or Laws Order. 1950.

'Cl&i,r. I I n ) t v z inserted by s. 2 uf ~ h c Calcurra IrnprovcrnenL (Amzndmrnl) Act. 1931 (Ben. Aci VllI oC 11131).

%lause (6) was subslilutrd Tor the previous clausc by s. 3(1) of the Calcutta Irnprovcment (Amcndmunr) ACI. 1955 (West Ben. AFI X X X l l of 1955).

[Ben. Act V

(c) "Chairman" means the Chairman of the Board; , . , m .

. . ' . - , - - .

(d ) "[he Corporation" means rhe Corporarion of Calcuita , -

cons1 ;lured under the said '[Calcutta Municipal Wcst Ben.

Act, 19511, Acl XXX l l I o l 1951.

3(1) "improvement scheme" means an improvement scheme as described in section 35D, bul does not include a projected public street or a projected public park referred to in seclion 63;

(g) "land" has the same meaning as in cIause (a) of section 3 of the Land Acquisition Act, 1894; 1 of 1894.

(h) "municipal assessment-book" means [he assessmenr- book kept "[under section 185 of the Calcutta Municip~l Act. 195 1 ] or the valuation and rating list prepared under '[section I36 of the Bengal Bcn. Acr

xv of i Municipal ACI, 19321; 1932. j

( j ) "no~ification" means a nolificalion published in the '[Oflcinl Gazette];

(kJ "Secretary to the B o a r d means the prcson for the rime being appointed by the Board to discharge the func~ions of Secretary to the Board;

( I ) " Tribunal" means the Tribunal constituted under section 72;

( r r r ) "Trustee" means a member of the Board; and

' ~ubsr i~u~rd Tor the words "Calcurm Municipal Act, 1923" by s. 3 (2 ) of the Calcutla Improvrmznt (Amcndmcnr) Acr, 1955 (Wesl Ben. Act XXXII or 1955).

2Clausc (e) was rcpcalcd by s. 3 and the Second Sch. of h e Bengat Repealing md Amcnding ACI, 1938 (Bcn. Acr I of 1939).

%ubsriiu~cd for the romcr clausc by s. 3 (3) of h e Calcutta Improvement (Amcndmcnr) ACI, 1955 I\Vesr Bcn. ACI XXXll of 1955).

4 ~ ~ b s r i ~ u t c d for the words "undcr sccuon 143 of the C a l c u ~ ~ Municipal Act, 1923" by s. 3 (4). ibid.

~ C U : words and figurcs wcrc subs t i~utd for the words md figurcs "sccljon 103 or U-tc Bcngal Municipal Acl, 1884" by s. 3 and the. Sccond Sch. of rhc Bcngal Repealing and Amending Aci, 1938 (Ben, Acl I or 1939).

%csc words were substiturcd Tor h e words -'Calcu~fa Gozcfrc" by pmgrnph 411) of rhr Government of India (Adapulion of-Indian b w s ) Order, 1937.

The Cizlcrrrra I~~rprove~!rerir Act, 191 1.

(Clr frprer 11. --The Board of Trii.shrees.-Sect ions 3, 4.)

West Ben. Acr XXXl l i o f !'XI.

' ( 1 1 ) the expressions "b~rsree", "drain", "public street" and "street" alignment" have [he same meaning as in clauses (101, (26). (60) and (72). respectively, of section 5 of the Calculla Municipal Act, 1951.

CHAPTER I1 The Board of Trustes. Ci~t~stittrriotr ofrlre Board.

3. The duty of carrying out the provisions of this Act shall, subject ro (he conditions and limitations hereinafter contained, be vested in a Board, to be called, "The Trustees for the Improvement of Calcu~ta"; and such Board shall be a 'body corporate and have perpetual succession and a common seal. and shall by the said name sue and be sued.

'4. (1) The Board shall consist of [iwelve Trustees], namely:-

(a ) a Chairman, appointed by the State Governmen1 by nodfication,

(b ) the Commissioner of the Corporation, ex-oyicio.

(c) three members of the Corporation elected by the Corpora- tion,

4 (cc) an official of the CaIcu~ta Metropolitan Development

Aulhority appointed by the State Governmen1 by notification,

(d) rwo members representing the four Chambers of Com- merce, that is to say, the Bengal Chamber of Commerce. the Bengal National Chamber of Commerce, the Indian Chamber of Commerce and the Bharat Chamber of Com- merce, elec~ed in [he manner prescribed by ruIes by the Srare Government, and

(e) Four orher persons appointed by the Slale Government by notification.

Crcation and incorpora. lion of Board.

Cans~itulion of ihe Board.

'~ubsti tu~cd for h e rornlcr clause by s. 3 (5) of the Calcuuo Improverncnt (Amcndmm~] Aci. 1955 (Wrsr Bcn. Act XXXIl of 1955).

2Suhstituicd for the formcr scclion by s. 4, ihirl. . '

3The words within squarc brackets wcrc substirurcd rar rhc words "'eleven Trusrtm" by s. 2(0) or tk Calcurm lrnprovemcnr (Arnendmcnl) Art. ,1983 (West Hen. Act XLll 01 1983).

dClause (CC) wx inserted by s. 2(b), ibid.

x,,-.,-.% %,,\,\,,>-.>.> .... ,..\... .-- . .. . . . ...- , - " ' .. . . .. .. .,. X . . . ,-,:-... .: . . .. ,. . . . , , , . , . . . . , ., . , ., ., . ,\. ;.., ...,....-;;.-,., . ,. .- . - : . . . . . . . . . , . . . . . . . . . . . . . . . . . - .,. ,

. . .. .. ,..- ....-.... - --,.-..,.......,> .,..;>>,...,.,.,.. , . .

. .

Disquidifi- carions lor bcing appointed or clccrcd a Trus~ze.

(2) The names of the persons elected under clauses (c) and (J) of sub-secrion ( I ) shall be published by notification by the Chairman.

' 4 ~ . [Appohrtrrenr oJ Trustees wl~i le tile Coryoru~ion is xrrpersedcd.-(Ot~~irted by s. 2 oJflre Cnlcrrtfn It~lprovrwc~~r (Amend- nrctrr) Act, 1950 (West Ben. Acr LII of 1950)).

5 . [Appoitrrrnerrr of 7rrrsrees.-Otlrirted hy S. 5 a f tllc Crrlcrrrru Irr~proveriierlr (Anlendrr~en;) Acr, 1955 (WL'SI BCII. Act XXXII of 1955).]

8. If any of the bodies of electors referred to in '[clause (c) or clause(d) ofsub-section(1)of section4J doesnot, by suchdateasmay be prescribed by rule made in that behalf under section 137. eleci n person to be a Trustee, the '[Slate Govemment] shall, by notification, appoint a person belonging to such body to be a Trustee; and any person so appoinred shall be deemed to be a Trustee as if he had been duly elected by such body.

9. (1) A person shall be disqualified for being appvinted or elected a Trustee if he-

(a) has been sentenced by any Coun for any non-bailable offence, such sentence not having been subsequenlly reversed or quashed, and such person's disqualificalion on account of such sentence nnt having been removed by an order which the 2 [ ~ [ a t e Government] is hareby empowered to make, i f i t thinks tit, in this behalf; or

(6 ) is an undischarged insolvenr; or

(c) holds any office or placc of profit under the Board; or

( d ) has, dircc~ly or indirectly, by himself, or by any partner, employer or employee, any share or interest in any conuacc or employment with, by, or on behalf of, the Buard: or

' ~ewscc l ion 4~ was inseried by s. 2 orthe W a r Rcn, AciXXII of 1948: itrrmaincd in forcc up lo rhc 31sr March, 1950. Vide !iec/ir~tl I(J) of ihe Wcs~ Bcn. Act XXLl of 1948, as amendcd by s. 2 of the Wesr Ben. Acr XVIl of 1949.

[Ben. Act V I I

q h c s c words wcrc suhsrilurcd For ihc words "scclion 7" by s. 6 of t l~c Calcutta lmproverncnr (Alncndmtnl) Acl. 1955 (WCSI Bcn. ACI XXXII or 1955.)

The Cfllctrrra I~tlprovenrer~f Act, 191 1.

(Cllaprer 11.-Tlze Bonrd of Tr iufee~~ .~ecr ior l s 10, 1 I . )

(e ) is a director, or a secretary, manager or other salaried nfficer, of any incorporated company which has any share or interest i n any contracl or employment with, by, or on behalf' of, the Board.

(2) But a person shall not be disqualified as aforesaid, or be deemed to have any share or interes~ in such contract or employment as aforesaid, by reason only of his having a share or interest in--

(i) any sale. purchase, lease, or exchangc of land, or any agreement far the same ; or

( i i ) any agreement for the loan of money. or any securiry for the payment of money only ; or

(iii) any newspaper in which any advertisement relating to the affairs af the Board is insenrd ; or

(iv) the occasional sale to the Board, to a value not exceeding two thousand rupees in any one financial year, of any anicle in which he lrades ;

or by reason only of his having a share or interest, otherwise than as director, or secretary, manager or ather salaried officer, in any incnrporaled company which has any share or interest in any contract or employment with, by, or on behalf, of the Board.

1 10. While any person is holding the office of Chairman. he shall not hold any other salaried office and shall devote his whole time and attention to his duties undcr this Act :

Provided that [he 2State Government may require him b hold some ocher salaried ofice in addi~ion to the office ofchairman or may permit him to performany honorary duries which in theopinion of [he 'state Governmenr will not inierferc with the performance of his duties under this Act.

11. 3 ( 1 ) The Chairman shall receive such monthly salary nor exceeding three thousand and live hundred rupees as may be fixed by the Slare Government.

(2) the word "salary", as used ifi this section, excludes allowances to which the Chairman may be entitled and any contribu- tion payable on his account under any general or special orders of the Government for regulating rhe tgnsfer of Government servants to foreign servicc.

' T h i s stcuon wac subslirulud Tor ~ h r : original scction by s. 3 of rhc Calcu~ia Improvcmcnr (Amendmcnl) ACI. 1948 (Wcsi Ben. ACI XX I l of 193g).

me word "Slate" was subsiicutcd lor hc word "Provincixl" by paragraph 4 0 ) of ~ h c Adapl~rion of Laws Ordcr. 1950.

Thc Chairman to be a wholc~ime olticcr ordinarily.

Rernunera- lion or Chairman,

JSubsiilutcd Tor thc rorrncr sub-srclion md d ~ c proviso therero by s. 3 ( 1 ) of the Calcurta Imp~ovcrneni (Amendmcnr) ACI, 1983 (Wcsl Hen. ACI XLlI or 1983).

Lcavc or absence or dcpuiarion or 1l1c Chairman.

Appoinl- rncnt, crc., o f ming Chairmnn.

Tllc Calcrrrra Itnprovemerri Act, 191 1

(Cl~oprer 11.-The Bonrd of Trusreex 4ecriotrs 12, 13.)

(3) The '[State GovernmenQ may, if it thinks fit, direct the payment to the Chairman 2[such house-rent and conveyance allowance as may be decided by i1.J in addirion to his salary.

' ( 4 ) If under section 10, [he 4~rate Government requires the Chairman to hold any salaried office in addition to the office of Chairman, the salary and allowances (if any) payable to thechairman for his holding the office, other than the orftce of Chairman, or such portion thereof, as the 'slate Government may decide, shall, instead of being paid to the Chairman, be payable to the Board for credit to the Revenue Account of [he Board.

12. (1) The '[State Government] may, after consultation with the Board, granr leave of absence lo [he Chairman or depute him to other duties, for such period as it ~hinks fit.

(2) ThealIowance(ifany)tobepaidtotheChaimanwhileabsent on leave or deputation shall be such amount, not exceeding his salary, as may be fixed by [he '[state Government] :

'provided that, if the Chairman is a servant of the Government. the amount of such allowanceshall be such as he may beentitled to under the conditions of his service under the b[~overnment] relating to transfer to foreign service.

13. ( 1 ) 7[Whenl the Chairman is granted leave of absence or deputed ro ot herdut ies, the '[state ~ovemment] may appoint a person to act as Chairman '[during the period of leave or deputation, as the

. . case may be.]

l,Tfr fool-nn~r 2 on pagc 303. orltc.

q h c words within squaru: brackcrr, wcrc subsrilured Tor ~ h c words "or a house- rcnr and convcymcr allowance, no1 cxcccding fivc hundrcd rupccs per mcn.rcm." by s. 3(2) 01 Ihu Calcurla lmprovcmcnl (Arncndmcnr) Acl, 1983 (We<[ Ben. ACI XLII of 1983). - ,

%is sub-seclion was addcd by s. 4 or the Cnlcutw Improvement (Amendmeno ACI. 1945 (\Vcsr Bcn. Acr XXll of 1948).

dSce loor-nore 2 on pagc 307, arlfe.

' I l l is proviso wos subsriiurcd lor hr: original proviso by paragraph 3 of. and Sch. , I V to. the Govcrnmcnr of India ( ~ d a ~ m f b n or lndiiln Laws) Ordcr, 1937.

me word "Govcrnmcnt" was subsiiiured Tor rhe word "Crown" by p m g n p h J(I) of ihe Adnprarion ni Laws Order, 1950.

I I [Ben. Act V ,

I

'~ubsliturcd lor rhc word "whenever" by s. 711) of rhc Calculta lmprovemenl (Amendmenr) Acl, 1955 (West Ben. Aci XXXll of 1955).

' ~ d d t d by s. 7121, ibirl.

7Ke Cnlctt~fa h~~prow/ner~ t Act. 191 1.

(2) The salary and house-rcn t and conveyance allownnce (if any)

1 ofany person appointed to act as Chairman shall be fixed by thc '[State Government], su bjecl lo the provisions 01' section I 1 .

(3) Any person appointed [o act as Chairnlan shall exercise the powers and perfom1 the duties cnnferred and imposed by and under this Act on thc Chairman, and shall be subjecl lo !he same liabitities, restriclions and conditions as the Chairman.

14. The Board may permit any Trustee, other than the Chairman Lcavc of abscncz lo

or the 2[~ornrnissioner of the Corpomtio~i]. 10 absent himself from other meetings of [he Board for any period not exceeding six months. Tmsrccs. . ,

15. ( 1 ) The '[Sate Government] may, by notification, declare Rcmovul or Truslcrs. that any Trustee shall ceasc to be a Trustee-

( a ) if he has acted in contravenlion of section 23, or (b) if he has been abserll from, or is unable to attend, the

meetings of the Board for any period exceeding six conseculive mnnths. or

(cJ if he has, without rhepemission of the Board, been absent from the meetings of thc Board for any period exceeding three consecutive months, or

(d) if he is a salaried servant of the Government. and if his continuance in office as a Trustee is, in the opinion of the 1 [Sale Governmenl], undesirable.

(2) The ' [state ~overnment j shall, by notilication declare that .

a Trustee shall cease to be a Trustee-

( i ) i f he has become disqualified for appointment or eleclion as a Trustee for any or the rcasons mentioned in section 9 ; or

( i i) . if he was elected or appointed as being a member of the Corporation. the Bengal Chamber of Commerce or the Bengal Narional Chamber of Commerce 3(or [he Indian Chamber of Commerce or thc Bharat Chamber of Com-

'See rool-ooie 2 on p;tgc 103. rrrrte.

me words "Lxcculivc OIficer or ihc Corporalion" wcrc originally subsriturcd for rhc words "Chairman or 111c Corporarion" by s. 2 and rllc First Svh. nl \he Bungal R~pcaling md Amcnding Acl, 1938 (Ben. Act I of 1939). and thcrcarrcr the word "Cornmissionrr" W L ~ subsriiuled for the words "Execulivc OrT~ccr" hy s. 8 of ibc Calcuiia In~provemcnl (Amendment] Aci, 1952 (Wcur Dcn. Acl XXXI I or 1955).

qhc words within square brackets wcre inscr~td by s. 9 or thc Calculra lrnpmvcmenr (Amendmcnr) Acf. 1955 (Wrli~ Bcn. Acr XXXll of 1955).

3 10 The Cnlcrrrrn itrrprove~rle~rr Acr, 191 1 .

Filling uf casual v:cnntizc i n cerrnin ca<cs.

Term or ollicr: nf Trusrccs.

(Cl~irprer I/.-The Board of Trrrsrer~.-Secrioi~~ 16, 17.)

merce] and if he is, a t lhe date of such notifica~ion, no longer a member of the Corporation or such Chamber, as (he case [nay bc.

(3) If at any time it appears to [he '[slate Government] that the Chairman has shown himself lo bc unsuilable for his office, or has been guilty nf any misconduct or neglect which renders his removal expedient, it may, by notification, declare that the Chairman shall ceasc to hold oflicc as such.

16. I f any Trustee be penniltcd by the Board to absent himself from mechngs of the Board for any period exceeding three months,

or if any Trustee, other than [he ZICornrnissioner of [he Corpora- lion), dies-or resigns the office of Trustee, or ceases LO hold the office of Trusicc irr pursuance of a nolit'ication published under section 15.

rhe vacdncy shall be Filled, within onc month, by n fresh appointment or elecdon under 3[su b-sec~ion (I) OF section 41 or section 8, as the casc may be.

17. (1) The term of office of the first Trustees appoinled or ztecred under 4[sub-sectian ( f ) of section 41 or section 8, other than the Chairman. shall commence on such day as may bc appointed by the '[Stale Government].

(2) Subject LO Ihc provisions OF sectior~ 15, die rerm of officc of Trustees (orher than the5[Comrnissionerof the Corporation]) shall be as follows : -

'(a) the Chairman-such period no1 exceeding three years as may bc tixed by the State Govcrnmenr :

Zl'hc wards "Excculluc Oificrr of thc Curpr~rivn" ~vcrt: originally subsritu~cd lor rhc words "Chairman or the Corpr~~ ion" by s. 2 and [he Firsr Sch, oi the Bcngal Rrpu;l!ing and A~ilcnding Acr, 1938 (Bcn. Acl I or 1939), md IlicrcaF~er rhc word "Carnmissioocr" W L ~ substiluted Tor thr words "Exvculjve Offirzr" by s. JOlil of lhc Calcurra Inlprovcnwnl (Amcndrnenl) ACI, 1955 (\Vest Rcn. Act XXXI I or 1955).

3Subsliluicd Tor the words "secrion 5 , sccrion 7'' by s. 10(11), ibirl. dSubs~i~u~ud for ~ h c words "seclim 5. sccrion 7.' by r. I l(iA ibid ?he wnrds "E~ecurive OlCiccr of the Corpora~ion" werc originally subsdtutcd

Tur Iht words "Chairnlan uf thc Corpurarioo" by s. 2 and ~ h c First Sch. or (hc Bcngal Rcpc:ding antl Amending Acl. l93R (Bm. ACI I uT 1939). and ~herr~r tcr [he word "Co~nn~issionei' wa$ substilu~cd lor thc: vords "Erccutivc Ollicer" by s. I I(Zl(n). ibid.

d ~ i r s ~ l y clause (a) tvns substiiutcd for lllc lumcr clauw by I;. I I (2)(bt ihid. Tllcrualler, clausc lctl was suhsti(uied hy p;l~n. 1 or. and lhc Sch. 10, the Calcur~a Mclroprrlitnn Dcvclopmenr Authority Acl. 1972 (Urcrr Hen. ACL X[ of 1972)- see srvrion 6 of the Calculta Melrormliran Dcvclopmrnt Authori~y (Ammd~ncnr) ACI. 11174 (Wcsr Bun. ACI XXI or 1974).

[Ben. Act V

Provided that thestate Governnleo~ may, if it thinks fit, extend or reduce the period from lime ru time.

(b) a Trustee appointed or elecled in pursuance of section 16 in [he place of a Trustee who has been to absent himselF from meelings of the Board-the period of [he absence of the latter Trustee ;

(c) other Trustees-three years

'provided lhat when a vacancy occurs i n rhe seal of a member elected under clause (c) or clause (d) of sub- section (I) of section 4 by death or resignalion or for any other reason, the bodies concerned shall elect a person to till the vacancy within such time as the State Governmen! may prescribe by rules, and the Tmstee so elecled shall hold office as a member of the Board for the residue or rhe term of office OF the member whose sent he is elected ro f i l l .

(3) Any Trustee shaII, i f not disqualified for any of the reasons mentioned i n section 9, be eligible far re-appointment or re-election at the end of his rem of office.

Corrduct of Bl~si~ilress.

18. The Board shall meet, and shall from time to time make such Mccrings or

arrangements with respec1 LO the place, day, hour, notice, managemem and adjournmenr of their meetings, as they may think fit, subjec~ to the following provisions namely : -

(a ) an ordinary meeling shall be held once at leasr in every month ;

( b ) the Chairman may, whenever he lhinks fit, and shall upon the written request o f not less than two other Trustees, call a special meeting ;

( c ) [he Chairman shall attend every meeting of the Board unless absent on leave or prevented by sickness or other reasonable cause ;

2 ( d ) one-third of the existing number of Trustees shall make a quorum for rransaction OF business ar any meeting :

'Pmvisn addcd by s. 1 I(2)fu) of thc Calcutta Improvcmcnr (Arncndmvnt) Act. 1955 ( W u l ken. Act XXXl l of 1955).

2Substi~u~cd lor thc fnrrncr ~lavse by s. 4 o i thc C a l c u t ~ lrnprovcment (Arnmd- men11 Act. 1983 I W E S ~ Bm. Act XLlI or 1983). Prior to lhis substitution thc word "one- rhird" was subslirulud Tor the w o d "hair' by s. 2 or thc Catcuria Iniprovrnicn~ (Arnt.ndtnmt) Acl. 1973 [Wcst Ben. Acr XXV of 17731.

Tcrnporary associalinn or rncnibers with the Board for parricular purporcs.

Tlie Crll~-~i.rrrm Ilrrprovett~e~rt Act, 19 11.

Provided that no quorum shall be necessary for an adjourned mce~ing,

1 (el evcry meeting shall be presided over by the Chairman and in his absence, by a Trustee chosen by the Trustees present to preside over the meeting ;

(fl all questions shall be decided by a majority of votes of the Trus~ces present, the person presiding having a second or casting vote in all cases of equality of votes ;

(8) if a pol I be demanded, Ihc names of t he Trustees voting, and he nature of their votes. shall be recorded by !he person presiding ;

2 ( h ) minutes of the proceedings of each meeting (together with thc names of [he Trustees present) shall be recorded and such minutcs shall be-

( i ) rcad nt the ncx~ensuing meeting by the person presiding at such meeting,

[Ben. Act V ; I

!

( i i ) signed by the pcrson presiding a1 such meeling, and

( i i i ) open to inspeclion by any Trustee during office hours.

19. ( I ) TheBoard may associate wirh themselves. in such manner and forsuch period as may be prescribed by rules made under section 1 38 3[any person or persons) whose assistance or advice ihey may desire i n carrying out any of the provisions of this Act.

(2) A pcrson associa~ed with themselves by the Board under sub- section ( I ) for any purpose shall havc a right to take part in the discussions of the Board relative lo that purpose, but shall not have a right to vote at a meeting of the Board, and shall not be a member of (hc Board for any othcr purpose.

20. (1) The Board may From rime to time appoint Cornmil[ees consis~ing of such personsof any of the following classes as h e y may think tit, namely : -

( i ) Trustees, l i i ) persons associated with [he Board undcr section 19.

( i i i ) olhcr persons wl~ose assislance or advice [lie Board may dcsire as members of Commi~lees :

' ~ l a u s c ( r ) was substilulcd fur lhc formcr ciausc by s. 131) of lllc Calculta Iti~provumcnr (Amendnicnl) hci. 1955 (We51 Rcn. Act XXXl I o i 1955).

2Claujc ( 1 1 ) w x hubslilulcd ror I ~ L : for111cr clause by s. 1212). ibid.

3~ubs~iiurcd fur tlw words "my pcsnns" by s. 13, ilrirl.

Tlie Calcrrrrn Ingroveme111 Act , 191.1.

(Clmnpfer !I.-T11c Borrrrl nf Trrrsrees. -Sectiotl 2 I . )

Provided that no Commi tree shall consis~pf less than lhreepersons.

(2) The Board may-

(0) rel'er to such Commirtees, for inquiry and rcpon, any mauec relaing'tu any of the purposes of this Act. and

(b) delegate to such Committees, by specific resolution, and subjec~ lo any rules made under section 138, any of the powers or dulies of the Board.

(3) The Board may a[ any lime dissolve, or, subject to the provisions of sub-section {I), alter the constitution of, any such Committee.

(4) Every such Committee sliall conform to any instructions from time to time given to them by thc Board.

(5) All proceedings of any such Co~n~nittee shall be subject to contirmation by the Board.

21. (1 ) Committees appointed under secrion 20 may meet and Mcclinss of

adjourn as Lhey think proper ; but the Chairman may. whenever he Commirtces. I thinks Fit, call ii special ~necting ol' any Committee. and shall call a I

! special meeting of any Cornmiltee upon [he wrirten cequesL of nu1 less than ~ w o members thereof.

(2) Tt~e person to preside at a meeting of a Cornrnirtee shall be thc Chairman, if he is a member of the Commirree, or. if he is not a member '[or i s absent], then the members prescnr shall choosc one ot' their number to prcside.

2(3) One-llnlf of thc number of lhe members o f [he Committee shall make a quorum for [ransaclion ol' business at any meetins :

Provided that no quorum stiall be necessary Tor an adjourned meeting.

(4) All questions at any meeting of a Cornmiltee shall be decided by a majori~y or voles of the members prcscnt, the person presiding having a second or castins vore in a l l casts of'equali~y OF voles.

'Inscrtcd by s. 14 o f 1l1c Calcui~a lmpruvzmcnr (Arncndmcnl) Acr, 1955 (Wmi Hcn. Aci X X X l l n i 1955).

2 ~ u b s ~ i r u ~ e d Cor IIIC forr~lef sub-seclion by s. 5 or 111c Calcu~la Inlprovcmcnt (A~ncndnicni) Acl. 1983 (Wcsl Rcn. Act XLll of 1983). Prior ro [his suh.criiurion (lie word "one-third" was suhslilurcd for lllc wnrd "hair' by s. 3 or rhrr Calcutta lli~pruvcmcnl (A~ucndrnent) ACI, 197.7 (Wzsl Ben. Act XXV or 1973).

Fees for arlcnd ncc e a! mccl~ngs.

Trustees and ilssociatzd mcrnbcrs of Roard or Comrnirrcc nor 10 takc piIK in proceedings in which lhcy arc personally ~nlcrvslcd.

Tlre Colc~rttcl Ir~~pruvenrenr Act, 1911.

22. Every Trusrcl: (other than [he Chairman), and every person associated with thc Board under seccion 19, shall beentitled to receive a fee of '[fifty rupecs], and every member OF a Committee shall be entitled to receive a fcc of 2[twenty-five rupees], for each meeting of the Board or the Commiuee-

(i) at which aquorum is present and business is transacted, and

( i i ) which he attends 3* * * * : Provided that the aggregate amount of fees payable to any

person in respect of meetings of any kind held during any monrh shall not cxceed such sum as may be prescribed by any rule made under section 137 in this behalf.

23. (1) A Trustee who-

( n ) has, direc~ly or indirectly, by himself or by any panner, employer or employee, any such share or interest as is described in sub-section (2) of section 9, in respect of any marter, or

(b) has acted prnfessionnlly, in relation to any rnalter, on behalf of any person havins therein any such share or interest as aforesaid,

shill1 not vote or rake any other part i n any proceeding o f the Board or any Commirlee relating to such marker.

(2) If any Trustee, or any person associated with the Board under section 19, or any other member of a Committee appointed under this Act, has, directly or indirectly, any beneficial interest in any land situated in an area comprised in any improvement scheme framed under [his Acl, or in an area in which it is proposed to acquire land for any of [he purposes of this Act,-

(i) he shall, before raking pan in any proceeding at a meeting of the Board or any Cornmiuee relating to such area, inform the person presiding ar the meeting of the nature of such interest,

' ~ h c words within squarc brackcls wsrc substilurcd Tur rhc words "twcnty rupccs" by s. 6(r1) of ~ h c Calcut~a Ilnprovcmcn1 ( An~cndrncnr) Act. 1983 (\Vest Bm. Acl XLll of 198.7).

q h c words within squ;\re brackels were subsliluted Tor l l ~ c words "tcn rupucs" hy <. brl/), i1)id.

'rhc words "from tlie beginning lo [he end rhereor, or Tor such period ar Il1c pcrson prt~iding at ~ l ic nirelinp may consider sufficient lo justify the paynlunt of ~ h c FCC" wcrc nlniurd by s. 15 ur the Cnlcurri~ Improvement (Amendmeni) Ael, 1955 (Wcst Bcn. Acr XXXII or 1 ~ 5 s ) .

Tlte Cnlcrrrrn 1111provcme11t Acr, 191 1.

(ii) he shall not vote at any meeting of the Board or any v: Committee upon any resolution or question relating to such

land, and

(iii) he shall not take any orher part in any proceeding at a meeting of thc Eioard or any Committee relaling to such area if [he person presiding a[ the mceting considers it inc~pcdienl that bc should do sn.

'23A. The Board may, on behalf of any person or the State Government, execute any work or render any service, not being a work or service which is inconsistent with the provisions of this Act, in any area lo which this Act applies on such terms and conditions as may be agreed upon between the Board and such person or ihe State Government, as the case may be : '

Provided that when any work is executed or any service is rendered on behalf of any person, no such work shall be executed or services rendered except with the previous sanction of the State Government.

24. The Board may Z[perfnrm all such Functions or] enlcr into and perlvrm all such contracts as they mny considcr necessary or expedient for carrying out any of the pruposcs of [his Act.

3 2 4 ~ . The Boiirrl nay determine eirher generally for any class of cases or specially for any particular case whether the work should be executed or materials purchased by conlracl or olhcrwise.

25. ( 1 ) Every such conuact shall be made on behalf of the Board by the Chairman :

4Provided that a cuntract involving an expenditure exceeding '[fil'ly thousand rupees] shall not be made by thechairman without [he previous sanction of the Board :

*Provided funher that a contract involving an cxpendirureexceed- ing "~went~ - f ive lakhs of rupees] shall not bc made without the previous sanction of the State Government ;

' ~ rc t ion 23A wac inscrud hy s. 2 or ihe West Bengal Improvcmcni Laws (A111cndmr.nl) Act. 1972 (We61 Ben. Acl VlII or 1972).

2tnscncd hy s. 16 of the C:~lcutta Irnpravcmsnr (Arncndmcnl) Acr. I955 (Wzsl Hcn. Act XXXlt of 1'355). .

'Thcsr: prnviso~ wcru subs~i~utcd for 1111: lorl~icr proviso by s. 18(n), ibirl. %r. words w i ~ l ~ i n square b r~ckc~s were substi~uttd for rhc words "fivc ~l~ousand

rupecs" by s. 7 (A) or the Calcui~;! tmprovcmcnt (Amcndmcni) ACI. 1983 (Wcst Bcn, Act XLll of 1983).

Powcr of Board lu UXCCUlC

ct11ain works or lo rcndcr urrlain scrviccs.

I

Powcr lo I make and I pcrrorm I

contracls. I ! I

Puwer or Board ro dclemjnr: i i CXCcUtlOn of work, ctc., should be by conrracl.

Excculion of conrrilcls and appro- . , . . .

- , -

val u l es~i- . . .

malts,

q h c words within squarc brackets were substilulcd Tar lhc words "live lakhs o i rupecs" by s. 7th). iljirl.

Fur~hcr provision as ID

enecurion or convacts. and provision as lo 5tXl o l Board.

The Cnlcrrtta I~r~l~rove~~letrr Act, 191 1.

(Cftnprul- 11.-Tlre Board of Triurees.-Secrior~s 26, 27.)

I [Ben. Act V i

(2) Every estimate for the expenditure of any sum for carrying ouL any of he purposes of [his Act shall be subjec~ to the approval of the' autliori~y who is empowered by sub-section ( I ) to make or sanclion the making of a contracl involving the expenditure of a like sum.

(3) Sub-sections ( I ) and (2) shall appIy to every variation '* * * of a conrract or estimate, as well as to nn original contract or eslimate.

26. (1) Every contract made by he Chairman on behalf oP he Board shall be entered inlo in such manner and form as would bind the Chairman i f such conlracl were made on his own behalf, excepr that [he common seal of the Board shall be used (where necessary); and cvery such conlracl may in the like manner and form be varied or discharged.

(2) Every contracr For the execulion or any work or [he supply of any materials or goods which will involve an expenditure exceeding 2[five thousand rupccs] shall be in writing. and shall be sealed.

(3) The common seal of the Board shall remain in the custody of thc Secretary to the Board, and shall not be affixed to any contract or other insrrument exceyt in the presence of a Trustee (other lhan the Chairman), who shall allach his signature to Iheconlract or instrument in token that the same was sealed in his presence.

(4) The signature of [he said Trustee shall be in addition to the signature of any witness to [he execution of such conlract or insmu- nlent.

(5) A conrracl not executed as provided in this section shall not be binding on the Board.

27. ( I ) Ar lcast seven days before the Chairman enters into any contract for he excculion of any work or the supply of any materials or goods which will involveanexpenditureexceeding3[fifty thousand rupees], he shill1 give notice by ;~dver~isement in local newspaper inviting lenders for such contract :

' ~ h c words "or abandon~ncnt" wcrc omincd hy s. 18(b) of the Calcurla Improvcmtnl (Amzndmcnr) ACI, 1955 (Wvs~ Bun, Acl XXX l l or 1955).

q h c words within squarl: brackels wcrc substilutrd Int the word!: "unc thousand rupess" by s. I uirhc Calcutla Iniprovcmen~ [Anrtndnicnt) Act. 19B3 (\Vzsr 8cn . ACL XLll or 19Xf).

'Firstly !hc words "live thousand" were subs~i~utcd for thc wards "one Ihuusand" by s. 19(ll af the C;~lcurtn Iniprovemen~ (Amcndnicnr) Act. I955 OVesI Bcn. Act X X X I I of 1YS5). Tlicrcaltcr tlic words within squarc brackets were substilurcd Tor the wurds "fivc !ljuusand rullces" by s. 9(n) of [Iie Calcutl;~ Improvcmcnl (Aniclidmenl) Acr. 1963 (Wcs~ Hto. Act XLIl of 1913).

'Provided that the Board may, at the instanceof the Chairman and with the sanction of the State Govcrnment, for reasons which shall be recorded in the proceedings, au~horize the Chairman to enter into a conlracl withoul inviting tenders.

(2) In every such case the Chairmiln shall place before [he Board the specifications, condi~ions and estimates and all the lenders received, specifying [he particular tender (if any) which he proposes lo accept.

13) In every case in which the acceptance of a render would involve an expendimre excecding '[twenty-five lakhs of rupees],

[he Board shall submit to rhe 3[~tale Government] the specifica- lions, conditions and estimates, and all [he tenders received, specifying the particular tender (i I'any) the acceptance of which they propose to sanction.

(4) Neither the Board nor ~hz~[StateGovernrnent] shall be bound to sanction the iicceptance of any tender which has been made; bur the Board, within the pecuniary limits of their powers, as prescribed in section 25, sub-section (I), or the '[state Government], may sanction thc acceptance of any of such lender which appars to them, upon a view of all the circumslances. to be rhe innst advanrageous, or may direct the rejecrion of all [he tenders submitted lo them.

28. The Chairman shall lake sufficient security for the due Sccurity for pcrlor-

performance of every contracl involving an expenditure exceeding mance ~i '[Five thousand rupees]. contract.

29. ( 1 ) The Chairman shall forward to the J[State Government] Supply of ducumznts

acopyofthcminutesoftheproccedingsofeach~neetingoftheBoard, and,rofor- rnatlon

within ten days from the d;ue on which [he minutes of the proceedings 1, ,he

of such meeting were signed as prescribed i n seciion 18, clause (11). :::::- (2) If the 3[~taleGovernment] so directs in any case, the Chairman

shall Forward to it a copy uf all papers which where laid before the Board for consideralion at any meetins.

'This pmviso was ilddcd by s , IYlZ) o l tlic Calcutta Irnprovcrnent (Arncndmcnr) Acl. 1955 (Wcsl Scn. Act X X X l l ur 1955).

2~ rs t l y . thc words "iivc lakhs" rvrrr: substi~urcd for ~ h c words "onc lakh" by s. 1913) orrhc C;~lcu~ra 1rnpror.crnent (Amrndmrnt) ACI, 1955 (Wcsl Bcn, ACL XXXll or 1955). Thcruancr the words willlin rquarc brackcts wcrc subsrirulcd Tor thc words "five lakhs of rupccs" by s. 5rlb) or rhc Calcu~ta Impruvcmrnt (Amcndmcnr) Acr. 1983 (Wcsr Bcn. Acr XLtl nf 1983).

'SLT roo[-norc 2 on page 303, ntrfc.

'Thc words wiil~in square br;~ckcrs wurc suhsti~utcd Tor the words "unc thuus~nd rupccs" hy a . 10 or rhr: Calcutta Impruvcmcnr (Arncndmcnr) hcr, I983 ( W e s ~ Ben. Act XLII of 1982).

Powcr io Sta~c Govcrn- mcnl lo requirc Board to lake action.

The Culcrrtra Itr~prove~net~f Acl, 191 1.

(Clrnpter !I.-The Board of Trtrs~ees.Sectiot~ 29A.J

(3) The s vale Government] may require the Chairman to furnish it with-

( 0 ) any return, statement, estimate, statistics or o[her infoma- tion regarding any matler under [he control of [he Board, or

(b) a report on any such matter, nr

(c) a copy of any document in the charge of the Chairman.

[Ben. Act V 1 I

'29A. (I) If after considerarion of any report or of any information received, the State Government is nF opinion-

(u) that any action taken by the Board is unlawful or irregular or any duty imposed upon i t by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner. or

(b) that adequale linancial provision has not been made for the performance of any duty,

the State Government m a y by an order restrain the Board from performing the act or direct the Board wirhin a period specified in [he order lo make arcangemenrs to its sarist'ilc~ion For the proper performance of theduty or to make financial provision to its satisfaction for the performance of the duty, as the case may be :

Provided that, unless in the opinion of [he State Governmen1 [he immediate execution of such order is necessary. [he Stale Governmenl shall before making an order under this sub-section give the Board an opportunity of showing cause why such order shall not be made.

(2) In) If within the period specified in any order issued under sub-section ( l J any action direcled under that sub-section has not been duly raken, or cause to the sa~isfaction of the State Govem- ment is not shown under the proviso to that sub-sec~ion. the State Government may. by order,

( i l appoint a person LO take the aclion so directed,

(ii) l ix the remunerarion to be paid to him, and

( i i i ) direct that such remuneralion and the cost of taking such aclion shall be defrayed out of the Board's capilal accounl;

'See fou~-no~c 2 on page 303, nr~re.

'Seccrinn 29A was inserted by s. 2 or ~ h c Calcur~j lmprovrmrnt (Amrndmcnt) Act, 1975 (Wcs~ Ben. Acr XIIl of 1975).

(6) the person appointed under clause (a), may, for the purpose of taking the action directed as aforesaid, exercise any of the powers conferred on the Board by or under this Act which are specified in that behalf in the order issued under clause (a).

(3) The Sme Government may, after consideration of any representation which may be made by the Board by written order, annul or omit from [he records any proceeding of the Board which it considers not to be in conformity with this Act or any rules made [hereunder or with any other law, and may do a l l things necessary to secure such conformity.

Oficers nrld Servants.

30. TheBoard shall from time to time prepare, and shall maintain, Sratrmrni of slrcngth n RaIernenl showing- nnd

( ( 1 ) the number, designations and grades of the officers and ~ ~ ~ ~ ~ ~ ~ ~ ; f f , servanls (other than employees who are paid by the day or whose pay is charged to temporary work) whom they consider it necessary and proper to employ for the purposes of [his Act,

( b ) [he amounl and nalure of the salary, fees and allowances to be paid to each such officer and servanL, and

(c) the contributions payable under section 146 in respect of each such ot'licer and servant.

31. The Bnard shall From time to time make rules- Roard ro makc rules.

( (1 ) tixing the amount and nature of thesecuriry to be furnished by anyafticer or servant of the Board from whom it may . .

be deemed expediem to require securily ;

{bJ for regulating the grant of leave of absence, leave allowances and acring allowances lo [he officers and servnn ts of the Board ; ' * *

(c) fur establishing and mainraining a provident or annuity Fund, for compelling all or any of the ofiicers or servanls of the Board (other ~hnn any '[servanl of the Governmen11

' ~ h c word "and" was orniircd by s. 2011) bf rhe Citlcuita I~i~provcmcnl (Arncndrncnr) ACI. 1955 (Wcsr Bcn, ACI XXXLl of 1955).

?hc words "scrvani of ihc Crown" wcrc ariginnlly subztiiurcd for the words "scrvan~ or rhc Govemmenr" by p : m . 3 and Sch. IV lo ~ h c Govcmmcnr or India (Atlaptalion o i Indian Laws) Ordcr. 1937. and therrdtrr the word "Govcrnmcni" war .cubsli~utcd Tor ~ h c word "Crown" by paragraph 4(1J of ~ h z Adnplaiion or Laws Ordcr. t 9SD.

Tlrc C{rlcrrrm It~rproveteerlt Acr, 191 1. I (Cl~r~pprer 11.-The Boo r-d o/ Trrrstr.~.s.-Secriu~~ 32.) i I

i n respect o f whom a contribulion is paid under section 146) to coniribule to such fund, at such rnres and subject to such condirionsas may be prescribed by such rules, and for supplementing such cantriburions out of the funds of the '[Board ;]

' ( d ) regulating the compassionarc allowance and graruiries to officers and servants of the Board and families of deceased ofticers and servants ;

2(e) prescribing the qualifications for ern ploy men^ o f officers ,and servanls of ihe Board ; and

'(f) regulating thc conduct of officers and servants of the Board :

3~rovided that a servant o f the "Governrncn~] employed as an officer or servant of the Board shall not be entirlcd to leave nr leave allowances othenvise than as may be prescribed by the conditions of his service under the 4[CovernrncntJ relating to transfer ru foreign service.

Powcrs of 32. 5[ (1) ] Subject to any direcrions cont;lincd i n any statement appoinr- men\. crc.. prepared under section 30 and any rules made under sccrion 3 1, and in whom for [he time being in force, the powcr o f appointing, promoting and vcsrrd.

granling leave lo officers and servants ol' the Board, and reducing. suspending or dismissing [hem for misconduct. and dispensing with their services for any reason o~her than misconduct, shall be vesred-

I n ) in the case of officers and servanls whose rnonlhly salary does not exceed '[seven hundred and fifty rupecsl-in the Chairm;in, and

(h) in other cases-in the Board : Provided that any nfficer or servanl in receipt of a monthly salary

exceeding '[Five hundred rupees] who is reduced, suspended or dismissed by the Chairman may appeal to the Board, whose decision shall be finill.

'Subs(iru1cd for the wvrd "Hoard" by s. ?OIZ) (II the Cnlcurra lnlprovz~ncnt (Amrndrncnl) Acr. 1955 IWrsi 13un. ACL XXXll or 1955).

'Cl~uscs ( ( I ) , re) and V ) were d d ~ d by s. 20(.?), ibid 'This proviso was subsliturcd Ct~r the original provisu by p m . 3 and Sciicdule IV

ia Ihc Govcrritnen:nl or India (Adaprarinn n( Indian Laws) Order. 1957. d~'ec foor-norr El un pagc 308. RIIIC.

'~cclion 32 was rcnumhrcd sub-section ( I ! of that scclion by s. I I of lhc Calculh Improvemenr IA~ncr,dnicnt) Act. 198.1 (Wcsi Hcn. AcL XLlI or 198.1).

bThc wards within square hrnckc~q wcrc subs~i~uttd for the words "tllrcc hundred rupccs" hy s I Ill)((/), ilrirl.

7 ~ h r words within squarc hriickr~s wcrc s~bsl i tur~d lot the words "onc hundred rupccs" by s. I l(l)(b). il>i(l.

Tile Calc~~rra bmprovertrerlf Act, 191 1.

{C~aprer I1.-Tllc Board of Triurccs.-Jccriun 33.)

'~rovided further ~har the Chairman or the Board, as the case may , be, may, with the previous sancrion of the S~ate Government, place an

officer or servani under suspension where a disciplinary proceeding or n depanmenial cnquiry against the officer or the servant is con~ernplated or i s pending or where a case against such officer or servant in respect of any criminal offcnce is under investigation.

2[2) Notwithstanding anything contained in sub-section (I), thc State Governmen1 shall have power to appoinr any person who is or has been in the service of the State govern men^ to any post of the Board carrying a monlhly salary exceeding one thousand and fivc hundred rupees :

Provided tha~ the person so appointed shall be under the admin- isira~ive control of the Chairman.

' 33. (a) Ail sratemenLs prcpared under sec~ion 30, so Far as they relate to ofticers carrying a salary of more chan one thousand rupees peI'IIICIISeIl1.

( b ) all rules made under 3[clause (b). clause (c), clause Id), clause I r ) or clause #] of seclion 3 1 , and

( c ) nlI orders passed by the Board under 4[sub-secrion ( I ) of seckion 321, and relating to any officer appoinied to hold an office carrying a salary of more than 5[one thousand and five hundred rupees] per I H P I I S ~ I I I , excepl orders granting leave 10 * * * any such ot'ficer,

shall be subjecr to [ha previous sanction of the '[Statc Govern- ment].

Snnclion or SWIG Govern-

s his proviso rvns inscrrcd by s. I I(I)(c) of 1hc Calculla Improvcnicnl (Alncnd- ~ncnl) ACI. 1983 (We$[ Ben. Act XLII or 1983),

ment rcquirzd 10 certain sIaIcmznls. rule5 md orders.

3~uhs~ i ru r~d for the words "clausc (6) or clausc (I-)" by s. 21 or hr: Calculla Irnpruvemcnt (Amcndmenl) Acr, 1955 (WCSI Bcn, Ac! XXXl l or 1955).

I

'The word!: within squnru brackets rvcrc subsri~u(cd lor rhc words "scclion 3 2 by s. 12(tr) ofthc Calculla lmpmvcrncnt ( A~ncndmtnt) Acl, 1983 (Wcsr Ben. Acl XLII of 188.7).

5 ~ h c words wi~hin square hrackcrs werc suhsliruied for rhc wordr ' bne thou~and rupccs" by s. 12(b), ilrid.

bThc words ",or suspending." wcrc ornilled by s. 12(4:), ilrid.

[Ben. Act V

(Cllaprct. !/.-The Board ofTru~.t~es.-Sectinns 34,3S.-Cl10pter 111.-ltrlpro yenrerlr S c l ~ e ~ n e ~ ~ . - S e c r i o ~ ~ 35A.)

1 . .. 1 - .

Controt hy 34. The Chairman shall exercisesupervision and control over the Ch'birman. acts and proceedings of all officers and servants of the Board ; and,

subject LO the foregoing sections, shall dispose of all questions relating to the service OF t he said o fFicers and servan Is, and [heir pay, privileges and allowances.

Dclega~ion 35. (1) The Chairman may, by general or special order in or ccrrain of Chairman's writing, delegate ta any olticer of the Board any of the Chairman's Iuncriuns. pnwers. duties or functions under this Act or any rule made hereunder,

except those conferred or imposed upon or vested in him by sections 18, 21,23,55, 108, 112. 116, 118, 154and 158:

U ndcrra k- ing of works and incurring or enpcndi~\~rc for devclop- ,

men1 01' arcx<.

Provided as follows : -

(a) [he Chai rrnan shall not delegate his power under seelion 25 to make on behalFof the Board any contract involving an cxpenditure exceeding '[five thousand rupees] ;

2 * * * x * * * *

(2) The exercise or discharge by any officer of any powers, duties or ru~~crions delegated to him under sub-section ( I ) shall be subject to suchcondilions and Iirnitarions (if any) as may be prescribed in the said order, and also to conlrol and revision by the Chairman.

CHAPTER I11

4 35A. The Board may, subject to the provisions of this Ac[, undenake any works and incur any expenditure for the improvement and development o f any area to which this Act applies and for the framing and execution of such improve men^ schemes as may be necessary from time Lo time.

'Thc words within square brackers were substi~u~ed Tor the words "onc lhousmd rupees" by s. IJ ( lJ of Lhc: Calcutta Irnprot,emtnt (Amendment) ACL, 1983 (West Bcn. Acr XLII of 1983).

ZClausc (6) and clause (4:) wcw omiltcd by s. 13(2), ;hid. 'Subslilu~cd lor Ihr hcading "lrnprovcmcnr Schemcs and Rc-housing Schernrrs"

by s, 22 oF~hc Calcu~ra lmprovcmenr (Arnendn~cnt) Acr. 1955 (West Bcn. 'Act XXXl I of 1055).

'Sccliuns 3SA. 350, 35C. and 35D wcre insurted by 6 . 23, ilritl.

'35B. When Framing an improvement scheme in respect of any area, regard shall be had t e

7:

(a) the nature and the conditions of neighbouring areas and of Calcuttil as a whole ;

(b) [he several directions in which the expansion af Calculta appears likely to take place ; and

(c) [he likelihood of improve men^ schemes being required for other parts of Calcuua.

I Mnt~trs lo be considcrcd when framing improvc- rnent schcmcs.

....... . .. .. . .

'35C. ( I ] An improvmen~ scheme may provide for all or any of Malrcrs (0 . .

be providcd . . ,.. [he following mauers, namely :- Tor in Improve-

(a) the acquisition by the Board of any land in the area ,,,, comprised in the scheme, which will in their opinion be schemc5.

required for or affec~ed by the execution of the scheme ;

(h) the laying out or re-laying out of the land comprised in rhe scheme ;

( c ) the dernoli~ion, altern~ion or reconstruction OF buildings or porrions of buildings situated on the land which i t is proposed to acquire in the said area ;

(d) the cnnslruction of any building which the Buard may consider necessary to erect for carrying out any of he purposes of [his Act ;

[ e ) the laying out or construction or alteration of streets (including bridges, causeways, culvens), if required, and rhe levelling, paving, metalling, flagging and channelling of such streets and planting of Hower bushes or lrees on the sides of such streets ;

(f) [he sewering and draining of such streets and [he provision [herein of water, ligh~ing and other sanitary conveniences ordinarily provided i n a municipality ;

(gJ raising, lowering or levelling of any land in the area comprised in the scheme ;

(11) the provision of accommodation for any classes of inhab- itanls ;

' ~ e c root-nule 4 on page 322. arrtc.

Types or iniprovc- nwnr schcmcs.

Whcn general improvc- mznt schcrne may be Immcd.

The Culcrrrra I~~~p t~ove t~rer r t Act, I9 I I .

i I he formation and retention of open spaces, gardens, parks, play-grounds, lakes, and the provision therein of athletic [racks and stadiums, recreation buildings and structures and nther necessary aids to Field and aquatic sports, arboriculture and any other objects which the Board consider desirable to provide ;

( j ) controlling the use of land devcloged by the Board by zoning or reserving areas for speci t ic purposes ;

(k) any other mauersconsistent with this Act, which the Board may ~hink tit.

(2) When areas are reserved for specific purposes, under clauses ( i ) and (j) of sub-section (I), it shall be the duty of the Corporalion or [he Commissioners ofthe municipality, within whose jurisdiction such areas are situated, to pro- hibir and prevent their use in violation of such purposes.

I 3SD. An improvement scheme may be of one of [he folIowing Lypes or a combination of any two or more of such lypes or of any special features thereot; [hat is to sny-

((1) a genernl impmvement scheme,

(b) a sueet scheme,

(c) a housing accommoda~ion scheme,

(d) a re-housing scheme.

236. Whcnever it appears [o [he Board, whether upDn official representarion made under section 37 or without such representation,-

In) that any buildings in any area which are used as dwelling places are unfit for human habitarion, or

( b ) that danger 10 the heallh of the inhabitan~s of any area or of a neighbouring arca is caused by-

(i) the narrowness. closeness and bad arnngemenr and conditions of srreers or buildings or groups of buildings in such area, or

( i i ) rhc want of light, air, ventilation or proper conveniences in such area, or

(iii) any olher sanitary defects in such area, or

'SW foot-nolc 4 on page 322. nl~ tc .

[Ben. Act V

a~ubsriru~ud (or the lorrncr section 36 by s. 24 of ll~c Calcuita Improvcmcnl (A~nendmznr) ACI. 1955 (Wcsi Rzn. Act XXXIlI or 1955),

T f ~ e Crrlc-rrtto h~lproveurerr~ Acr, 19 I I .

(Clrapter i lI . - l~r~prr~vcr~~ei~t Schen~es.-Sec~iotrs 37, 38.)

(c ) thar any aren i s undeveloped or has been developed without a sa~isfactory plan or design and !hat it is necessary to develop or re-develop it on a belrer plan aft& incorporating all or some of the improvements mentioned in secrion 35C,

the Bnard may pass a resolution lo the effect that a general improvement scheme ought m be framed i n rcspect of such arca and may then proceed fo fmnle such a scheme.

37. (1) An official represenration referred to in section 36 may be made by the Corporation-

(a ) of their own motion ; or

(b) on a wrilten complaint by the '[Commissioner] of the ' Corporation ; or

' (c) i n respect orany areacomprised in a rtiunicipal ward,-on a written complaint signed by twenty-five or more residenls of such ward who arc l hble to pay either the owner's share or the occupier's share of the consolidated rare

W C L ~ Rcn. leviable under '[the Calcu~ta Municipal Act, 1951 .I Acl XXxlll of 1951. (2) I f thc Corporation decide not to make anofficial represen-

tarion on any complaint made to them under clause (b) or clause (c), they shalI cause a copy of such complaint to be sent to thc Board, with a staremen1 of the reasons for their decision.

38. ( I ) The Board shall consider every ofLciaI representation made under section 37. and, if satiskd as ro the truth thereof and to the sufficiency of their resources, shall decide whether a general improvement scheme to carry such represenlation into efrect should be framed Forthwilh or not, and shall forthwith intimare their decision 10 rhe ,Corporalion.

(2) Iflhe Board decide [hat i t is not necessary or expedient to frame a genenl in~provement scheme forthwith, they shall inform [he Corporation of the reasons for their decision.

(3) Iflhe Board bil, for a period of ~welve months after the receipt of any official representation made under section 37 l o intimale rhcir decision thereon to the Corporalion,

or if rhe Board intimate to the Corporalion their decision h a t it is not necessary or expedient to frame a general improvement schernc forthwith,

. . Aulllorily for making Ul O ~ ~ ~ C I B I reprcscnla-

, . . . lion for ;I gzncral Irnprovz- lllcnl schcnlc.

Considcr- ation a i orficial rcpresrnra- [ions.

' ~ubs~ i~ured Tor t l ~ s words "Healrh Ollicei' by s. 2511) o f thc Calculta Irnprovc- nicnr (A~nendrncnl) Acr, IYS5 (WCFI Ren. ACL XXXI l of 1955),

2~ubsr i ruied Tor the words "the Calcuua Muncipal Acl. 1923" by s. 25(2). ;bid,

When crrccl schcmc may be rra~ncd.

Housing accom mn- daiinn scheme.

Rchousin~ pcrsons displaced hv improvcmcnl schcmes.

the Corporalion may, if they think fit, rcfer the matter to the ' [Srale Government].

I

[Ben. Act V !

(41 The '[State Government] shall consider every reference rnade LO ir under sub-section (3). and

(oJ i f i~ considers that the Board ought, under all the circumstances, (0 have passed a decision within the period men- lioned in sub-section (3). shall direc~ the Board to pass a decision within such furlher period as [he '!State Govem- ment] may think reasonable, or

(6) i f ir considers that it is, under all the circumstances, expcdient that a scheme should forthwilh be framed, shall direct the Board to proceed forrhwith lo rrarne a scheme.

(5) Thc Board shall comply with every direction given by the I [State Govcrnmenl] under sub-seciion (4).

39. Whenever the Board are of opinion [hat, for the purpose of-

(0) providing building-sites, or ( b ) remedying defcc~ive ventilalion, or {c) creating new, or improving existing, means of communi-

cation and facilities for trafic, or (dl affording betler facili~ies for conservancy.

it is expedient to lay out new srreets or to alter existing dreets (including bridges, causeways and curverls). the Board may pass a resolution to that effect, and shall then proceed to frame a street schemc for such arca as they may think l i t .

239~. Whenever the Board are of opinion that it is expedient and for [he public advantage to provide housing accommoda~ion for any class of persons in any area to which this Act applies, the Board may frame a schemc to be called a housing accommoda~ion scheme, for the aforesaid purpose.

'39B. The Board may hn~eschemes (in this Act calledrehousing schemes) For [he cansrruction, maintenance and management of such and so many dwellings, shops and other classes of accommodation as thcy may consider ought tu be provided,for persons who-

(a) are displ aced by the execution of any improvement scheme sanctioned under this Act, or

'See foot-nofe 2 on pagc 303, url/e.

2~eci inos Nh. 3913 and 3 0 ~ wcrc inserlcd by s. 26 aC thc Calculh h ~ p r o v e m e n ~ (AnrmJmzni) Acr, I955 {Wrsi Hcn. ACI XXXl l or 1955).

(b) are likely lo be displaced by [he execulion of any improvement scheme which i t is intended to fnme, or to submir to [he Stale Governwent for sanction under this Act.

'39C. (I) When a general improvement scheme menriancd in secrion 36 or a housing accom~nodnrion scheme mentioned in section 39A or a combinalion of both, i s likcly lo involve displacement of persons dwelling in a I~rrsree, provisions for rehousiug such persons sllall be made either in lhc same scheme or by another scl~rmc and the schernc or schemes, as thc case may be, rogether wirh a staremcnl of the rent or rents proposed to be charged Ibr such rehousing, shall be submilled l o the State Government fnr its approval beforc any steps are rake0 under secrion 43.

(21 In considering thc scheme or schemes submitted undcr sub- sec~ion (I), the Stiile Govcrnmert~ shall havc regard to the rent or renrs indicated i n he said sclicme or schemes for accomrnudatian to be provided for the displaced brrsree-dwellers, and may, i f necessary, give financial aid to the Board in urder t h a ~ [he rent may be such as. in the opinion of the Statc Government, is reasonable, and also lay down thecnnditions forgiving such'aid beforc the scheme or schemes is or are sanctioned under scction 48. .

(3) Tlic Board shall bc eniitled to proceed lo execute under secrion 49 any scheme referred ro in sub-section ( I ) provided that no htrstee-

dwellers arc displaced unlil arrangements for rehousing [hem have previously been made.

40. [Marreru io be corrsid~.x~erl 117lterl firruling ittrprove~ne~rr srlretrres.-Oalirrd by s. 27 of rl~c Ccilcrrrm Ir~lprzlvcmenf (Amend- 1net11) Acr. 1955 (West Bert. Act XXXI l uf 1955j.l

41. [Mnrters witich rrtrrsr br. provided for- irl irlrpmvet~retlr scrl~etn~.s.-On~irred by s. 27 of rl~e Cularrrrn Itr~provetrrertt ( A ~ n e ~ l d - tncti~) Act. 1955 (West Bet). Acr XXXI l of IY55).1

42. [Mntters wi~icir /tiny be yro~iderl for h inlyr-ovcn~cxrr .~clren~es.-Onlirted by s. 27 of rlre Colcirlto Itr~pl-ovet~~orf (Atttetth t~ re t~r ) Act, 1955 (Wesr Ben. Acr XXXII rf i955).]

43. ( 1 ) When any improvement scheme has been framed, [he Board shill1 prepare a noricc, staling-

(a) the h c l (ha1 the scheme has been framed, (b ) the boundaries of the area comprised in the schcme, and

Provisions to bc mndr Tor the rcl~ousinp. nC btrsrcc' J~vcllcrs in . . rhc uf uurtnin . . , .

schcme~. , .

Prcpararion. publiua~ion and Irans- mission or nolicc ils IU

i~uprovc- men[ schcme. and supply or docunic~us 1,s :unnli-

Cnlctrttli i)nprovemet~t Act, 19 11.

[Ben. Act V I !

(c) [he place at which particulars of the schemc, a map of the area cvniprised in the schemc, a11d a slalernenr of the land which it is proposed to acquire ' [and of ~ h c land in regard to which it is proposed to recover a betlerment fee], may bc scen nr reilsonable hours.

(2) The Board shall-

(i) cause [he said norice to bc published weekly for three consecutive weeks in he 2[0flcin/ G(I:PII~] and in local newspapers, with ;I statement of the pcriod within which objections will be received, and

3 ( i i ) send a copy of the norice lo the Commissioner of thc Curpora~ion, to the Chairman of any Municipal ity consrituted under the Bengal Municipal Ac[, 1932, to 1heGenernl Manager of the Calcutta Metropolitan Waler and Sanita- Bcn. Acr

xv of tion Authority and to the Chief Execulive Ofhccr of the lp3nv Cnlcut~aMclropoliti~nDevelopn~ent Authority wilhin whose

i jurisdiction any portinn of the area comprised in the scheme i s siruared. I

i (3) The Chairman shall cause copies of all documents referred to - I

in clause (c) of sub-section (1) to be delivered to any applicant on I !

payment uf such fee as may be prcscri bed by rule made under sec~ion 138.

'TI~U.FC words were inscrtcd by 5 . 3 of ~ h c Calculta Im~ravcrneni (Arncndmenl) ACI. I931 (Bcn. Acr V I l l of 1931).

3Clausc ( i i ) w i s suhstirurcd 'ror rhc nriginal clilusc by s. 14 of thc Cilcuiia Iinprovc~iicni [Arncnd~ncnt) Act. 1983 (Wcsr Bcn. Aci XLII o i 191(3), Prior l o h i s subsri~urinn ihcrr: wcre rollowing changes ill original clausc (iil, namely : -

illc words "Execulirc OTficcr uT the Corporalion" wcrc originally subslitu~cd lur ihe words "Choirman nf thc Corpmlion" by 5. 2 and ihc First Sch, or t l ~ c B c n g ~ l Repealing and Amcnding Act, 1938 (Ern. Act I of 1931)) and I l~erraf~cr rhc word "Cnmmissionur" rvas substiru~ud Tor the words "Exccurive OTficcr" hy s. 25 of the CalcutLa Inlprovmlcnt (Arncndmcn~) Act. 1955 (Wvsi Ben, Act XXX l l of 1955).

(h ) tllc figures "1932" wcru subsii~ured for thc hgurts "1884" by s. 2 and the Fird Sch. n f ~ l l c Bcngal Rcprillilig and Amending Act. 1938 (Rcn, Act I uf 1939). and

(cl afiur the words "in w h i c h rlic words ".and ro ~ h c Gcneral Managcr u l the Calcutta ~~cirupulici ln Watcr and Sani~a~inn Auihorily witliin whwz jurisdiction," wcrc inscrird by pnril. I oi.,and rhc Third Sch. lo. ilic Calculla Msrropoli~nn Wnicr and

Tl1.k Cfllctrrrcr Ilrrprovcment Acr, I91 1.

1 44. The Commissioner of rhc ~orporarion, [he Chairman of any Municipalily, the General Manager of the Calcutta Metropolitan W a l e r and Sanilation Authority or ihe Chief Excculive Officer ot'the C a l c u t t a Metropolitan Development Aurhority, ro whom a c o p y of the nolice has been sent under clause ( i i ) of sub-secrion (2) of section 43 shall,.wi[hin a period of sixty days from the dare of receipt of [he said cupy, forward to the Board any represenrariun which the Corporarion, the Municipality or tlic Authority concerned, as thecase may be, may think f i r l o make with regard to thc scheme :

Provided [hat any dircction issurd by any aulhority constituted

w,,l ucn, - under the West Bengal Town and Counlry (Planning a n d ' ~ g v e l o ~ - A C ~ XIII of ~ncnt) Act, 1979, to the Board as to the improvement scheme shall be 1979. carried out by the Board.

45. ( 1 ) During !he thirty days ncxt Follo~ving the hrst day 011

which any norice is published under section 43 in rcspecr of any improvernen~ scheme, the Board shall scrve a notice on-

[i) every person whose name appcars in he m u n i c i p a l assess- mcnr-book as being primarily l i l t b l e to pay the owner's share of the consolidated ra1e;ur the ratc on the a n n u a l

value of ItoIdings, as ~l lecase may be. in rcspect of any 1a11d which [he Board propose ro acquire in executing [he scheme 2[or in regard ro which they propose ro recover a betterment fec], and

( i i ) [he occupicr (who need no( be named) of each premises or holding enlered in the municipal assessmcnl-book, which thc Board propose to acquire in execuring rhc scheme.

' ~ ~ r s l l y lhc scc~ion 44 was subs\iiutsd ror Ihc original srcrion by para. 2 or. ;~nd the Third Sch. io. thc Calcuri;t Mclroj>nlih~n iVarsr and Samilnrion Aurhnri~y Act, 1966 (Wsr Bcn. Aur Xll l of 1'166) and lhcrcaltcr ihc samc was resubstiru~cd hy F. 15 u l thc Cdlcul~a l ~ ~ i p r o v c m r n ~ (Arnzndrncnl) Acl, 1982 (Wcsi Ben. Act XLI t of 1383). Prior I n hcsc subsrilurions lllerc was a clinnge in thc ongin:tl scclion 4 4 , namely : -

( i l Tile words "Eaccutivc OI'hccr of ~ h c Corporalion" in secriuns 44 and 36 wr r t uri~inal ly substiiuied Tor rhr: \turds "C1i~irm;in or rhc Corpura~ion" by s. 2 ;!nd ihc Firs1 Sch. of 1l1c Rcngal Rrpe;rling and Arncnding Aci. 1938 [Bcn. Aci I uf 1939). and Ihercallcr lhc word "Cornmissioncr" was ~ubsrirured Tor Illc words "E~c.culivc OCfiucr" by ss. 29 and 3 I, rcspcc~ivcly. or tic Cillca~ra l~liprnvemcni (A~ncndmcni) ALL, 1955 (IVesl Bcn. Acr X X X l l ui 1955).

Tmrlsrnis- sion ro Hu;1rd rcprcstnla- lion by Corl~ora- tiun. Municipal- 11y ur Autllori iy.

Scrvicc or nolicc as lo prnpo~cd acquisilion of land or rrcovsry of blsllerrncnr k c .

q l l csc words wcrz inscncd by s. J(I) or the Calculta Iinpruvcmcnt (Alnendmenr) ACI, 1931 (Bvn. Act VIII n i 1731 ).

1:urniching u l vupy uh nr txkracis frorn. t l i t nluliicipal nsscssmrnl- bonk.

Tlie Culcrrttrr Itr~pr-ove~nort Acr, I91 1

(2) Such notice shall-

(o) state that the Board propose to acquire such land 'lor to recover such beltcrmcnt feel for the purpose of carrying out 2[an irnprovcmcnt scheme], and

/b) require such pcrson, if he dissents from such acquisition 3[or from the recovcry of such betterment fee], to state his reasons in wriring within a period of sixty days from [he service of the notice.

(3) Every such ~~ol ice shall bc signed by. or by the order of the Chairman.

46. Thc d[Commissioner of the Corporrrtion], and the Chairman of any Municipality cunstiru~ed under [he Bengnl Pvlur~icipnl Act. Rcn. Act

5 [ 1 9321, in any part of which lhis seclion is for 111z titne being in force, X V Or

1832. sh;~ll, respcctivcly. furnish the Chairm;u~. at 11is request. with a copy of. or extracu From, the municipal assessinent-book at such charges ns may be fixed by rule mnde under section 137.

47. (1) Afrcr ~ h c cxpiry of the periods respectively prescribed under sectiotl 43, clause ( i), and by section 44 and section 45, clause (A), in rcspcct of any itnpruvement schzme. he Board shall consider any objection, representation and stalement of dissent rcccivcd thereunder. and. aher hearing all persons making any such objection. representation or dissent who inny desire lo be heard, the Board may e i ~ h e r abz~ndo~l rhe sche111e or apply to the bl~tate Government] hr sancrion to the scheme. with such ~l~oditicnrio~ls (if any) as the Board may consider neucssary.

(2) Evcry applicalion submirted i~nder sub-scction ( I ) shall be ;iccompanicd by-

( ( 1 ) a descrip~ion ul; and fu l l particulars relating to, [hescheme. and coniplele pl;ins and eslirnates of the cost of executing the scheme;

'Tl~csc words tvcre in3rrlcd by s. 312) uf thc ~alcurra lrnprovcmcnr (Amsndrncnr) Act. 1931 (Rcn. Acl Vlll of 1931).

' Suhsrilutcd fur lhz words "a gcncral in~provcmcnl schcmc or a srrtcr schcn~s . as il~c caw may bc" by s. 30 af IIIC Calcu~ta llnprovclncn~ (Arncndn~cnr) Acl, 1955 ( W c n Hcn. Aci XXXll of 1955).

Tire Calctrtta ln~proverr~er~r Act, 191 1.

(h) a sratement of the reasons for any modifications made in the scheme as originally framed;

(c) n stalement of objections (if any) rcceived undersection 43; (ti) any representation received undcr sect ion 44; (e) a list of the names of all persons ( i f any) who have

dissen~ed, under secrion 45, clause (61, from [he proposed acquisition of their land ' [or fronl the proposed recovery of a bellemen1 reel, and a statement orlhe reasons given for such dissenr; and ,

(f) a slalement of he arrangemenls made or proposed by the Board for the re-housing of persons 2* * * who are likcly lo be displaced by the execudon of [he scheme.

(3) When any application has bcen submi~ted to the 3[State Government] under sub-secdon (I), the Board shall cause not ice of the fact to be published for two consecurive weeks i n the *[Oflcial Gazette] and in kcal newspapers.

48. The r rate Governmenr] may sanction, eilher with or without modi tlcation, or may refuse lo sancrion, any improvement scheme submilled LO it under section 47.

49. (1) Whenever thed[State Government] sanctions an improvement scheme, it shall announce the fact by notification, and the Board shall forthwith proceed to execute the scheme.

(2) The publicalion of a notificalion under sub-section ( I ) , in respect of any scheme, shall be conclusive evidence rhat the scheme has been duly framed and sanctioned.

50. At any time afier any improvement scheme has been sanctioned by the3[~rate Government], and before i t has been carried inlo execution, thc Board 5[may alter or cancel it] :

' ~ h c s c words wcrc inwncd by s. 5 or the Cakurra Improvcmcnt (Arncndmcnr) Acr, 1931 (Btn. Acr Vlll or 1921).

ql~~llc words 'bT rhc pourer and working clnsses" wcrc onlitred by s, 22 or rhz Calcurra In~provcn~cnl (Amrndmenl) Act. 1955 (Wcsl Hen. ACI XXXlI or 1955).

Powcr lo smcrion or rcjcc~ improvcmcnr scl~crnc.

Notification or smcrion 10 iniprovc- mcnI schrn~c.

Altcrarion of improvcmcnl schcmc srrer sanction,

4See Coor-norc 6 on page 304. tlrrfe.

5Subsri~u~td ror rhc words "may alter il" by s. 23 ( 1 ) or the Calsutla lniprovcment (Amendmenl) Acr, 1955 (Wcst Bcn. A ~ I XXXl l nf 1955).

Tftc Crlhrrtrr lxnprovern~.rtr Act, I Y 11.

[Ben. Act V i

Provided as follows :-

( n ) i f any alteration is esrimated lo increase rhe estimated net cost of executing a scheme by more than fiveper cerrr. of such cost. such alteration shall not be made without [he previous snnclian o f rhe ' [ ~ r a l e Governmenr];

(6) ifanyaIterarioninvolvestheacquisition,otherwisethanby agreement, af any land the acquisition of which has not been sanc~ioned by [he ' [~ tate~ovemment] , theprocedure prescribed in [he foregoing section4 of this Chapter shall. so far as applicable, be followed. as if the alteration were a seRaratc scheme;

2 ( ~ ) if, nwing l o changes made in the course o f a scherne, any Imd not.previously liable under the scheme to the payment of a beuerment Fee. becomes liable to such paymenl, the provisions of sections 43,45 and37 shall. so far as they are applicable, be rollowed in any such case.

3 ( d ~ no scheme shall be cancelled without giving Ihc Corpora- lion or the Municipality, as thc case may be, an opponunity LO express its views within sixcy days of the receipr of the notice of the cancelladon and wirhou~ previous sanction of the Srare Government.

Combina- 51. Any number of areas in respect of which improvement !ion of Improuc- sc hemcs Ili~ve been, or are proposed to be framed, may at any lime be mcnt qchemcs. included in one combincd scheme.

52. [Re-ltorrsing pcrsorrs dispiured by itlrprovemet~r sc1~crncs.- Omirred bys. 34uf r11e Calcrrrr(~ l~rzl~rovcmnrt (An~ixrdr~~erlt) Acr, 1955 (Wesr Ben. X X X I I of 1955).]

IVidlh of 53. No sweet laid our or altered by thdBoard shall be of less w i d h SIrCCIS.

than-

(a ) forty feet, if [he sweet be intended for carriage traffic, or

(b ) twenty feet, if the street be intendcd for foot traffic only:

' S t p fool-note 2 on pagc 303. nrric.

'~lausc l c ) was addcd by s , h of the C~lcu\ia In~provemrnt (Arncndmrn~) Acl, 193 1 (Hcn. Acr Vl l l o i 1931),

3~ lausc ((1) uT ~ h l : provisu was d d c d by s. 5312) or ~ h c Calculla Irnprovcmeni (Amcndnicnt) Act. 1955 (Wesr Bcn. ACI XXXll or 1955).

Provided as Follows :-

i the wid~h of an existing streel need not be increased lo [he minimum required by this section, i f the Board consider i r imprilclicable to do so;

(ii) nothing in this section shall bedeemed to prevent ~heBoard from laying out service passages for sanitary purposes of any widlh less than twenly feet.

'54. ( 1 ) Whenever any building, or any slreer, square or other land, Transfer 10 B o d , for

or any pan thereof, which- purposes of improve- . .

( n ) is situated in the Calcutra Municipality and is vested in [he mcnt

Corporation, or schcrne, uT buildine. or land vGied

(h) is situated in any par1 of any Municipality constituted under in thc Corporation [he Bengal Municipal Acl, 2[19321. in which [his section is or j,, hc

for [he time being in force, and is vested in the Comrnis- $:,",",i~r a sioners of [hat Municipali~y, Municipal- . .

iry. is within the area of any improvement scheme and is required for the 1 purposes of such scheme, [he Board shall give notice accordingly to the 3[~ommissioner of the Corporation] or the Chairman of such Municipality, as the case may he, and such building, streel, square; other land or part. shall (hereupon vest in the Board subject in the case of any building orany land. no1 being a str'eel or square, to the payment of compensation, if any, lo the Corporalion or ro such Commissioners, as the casc may be, under sub-section (3) :

"Frovidcd that lhz Corporalion or the Commissioners, as the case may be. shall be allowed reasonable opportunity to remove a( [heir cost any underground pipes, cablesorothertixtures belonging to rhcm if [hey so desire.

(2) Where any land vests in the Board under the provisions of su b- sec~ion ( I ) and the Board make a declaration to the Corporation rttnt

I Scction 54 was subsrirutzd ~ O T ihc original scc~ion by s. 2 or ihc Calcu~to

lmpruvcmcnt (Amendmcnl) Act, 1923 (Ben. Act IX of 1923). 2 SCP para ( b ) or fool-note 3 on pagc 528. atlrc.

q h c words "Exccurivc Officer of rhc Cnqmn~ian" wcr.: originally substituted fur lhc words "Chairman o i t h e Corporarinn" by s. ? and ihc Firsi Sch. o l the Bengnl Rcpcaling and Anlcnding ACI, 1938 (Hen. Acr 1 o r 19391, and thereafter rhc word "Commissioner" was substilurcd lor the words "Enccutivc Officri' by s. 35(0) of the Calcurra Iniproverhenr (Amcndmenr) Acl. 1955 (Wrst Ben. Act XXXlI of 1955).

d~roviso ilddcd by s. 35fb), ibid

such land will be reraincd by the Board only unril it revests in [he

9: Corporation as part of a slreet or an open space, under a declaration made by rhe Corporaion under sub-sec~ion (I) of section 65 or a resolution passed by ~ h c Board under sub-section (2) of section 65, as the case may bc. nfl compensation shall be payable by the Board to [he Curporatioi~ in rcspccr of that land.

(3) Wllrre any laud or buildins vests in the Board under sub- sec~iot~ (1) and no dcclaration is made by Board lhar the land will be so retained, the Board shall pay to the Corporation, or to the Cummissiotiers, as tllc cnsc may be, as compensation for the loss resulling from the trilnst'cr of such land or building to ~heBoard. a sum equal ro the markel valuc of thc said land or building '[as on the dale oI' the publication of the notification under sec lion 491 and where ;iny building, si~uated on land in rcspcct of which a declaration has been made by the Board under sub-scc~ion (21, is vested in the Board under sub-section (I). like compensar inn shall be payable in respect of such building by the Board.

(4) If, in any case where the Board have mndc a declaration to the Corporation in respect of any land urldcr sub-scction (21, rhc Board rerain or dispose ol'lhe land con~rary to the Icrlns of the dcclaration, so that ~ h c land does not revest in the Corporation as conlcmplalcd under such dcclaradon. like compensation shall be payable by [he Board to he Corporation in respecl of such land for the loss resulting from the non-transfer of such land to the Corporation, such compen- saliun nor to be less lhan the market value which would have been pilyiible t'nr the said land under the provisions of sub-section (3).

( 5 ) If any question of dispute arises- ( [ I ) as to whether compensation is payable under sub-section

(3) or sub-section (4). or ( b ) as to the sufliciency of the compensalion paid or proposed

to bc paid under sub-secrion (3) or sub-section (4), or

[rr) as ro whether any building ors~reer, or squareor orher land, or any pan thereof is required For [he purposes of khe scheme,

the matter shall be referred to the '[State Government]. whose decision shall be tinal.

'~ubsritutcd for 111c words ";I( rhc iimc whcn gncral dcclnr~tion in rcspccl of other Ii~nds includcd ill- thc schenlc i s madc undcr lllc provisions of scclian 6 of the Lnnd Acquisirion Acl. 1894. as arnendcd by this ACI, by s. 35(1.) of the Calculia lmproverncnt (An~undn~cnt) Acr. 19.55 (Wcs~ Bcn. Act XXXl l or 1955).

T f ~ e Calcrrrro I ~ ~ r p r - o v c t t ~ e ~ ~ ~ Act, 191 1. 335 I

55. ( 1 ) Whenever any street or square or part thereof which is not Trmsrcr of priv;\lc 1

, ves~ed in ~hc Board or in [he Corporation or in [he Commissioners of ,,,,, ., I. - . . , - -

L~CII. any ~ u n i c i ~ a l i t ~ constituted ur~dcrthc ~ c n g a l ~unicipal ~ c r , ' [ 19321, bqd'z: ;:r xv or is required for executing any improvcmcnt schemc, [he Board shall purposcs or 1932. ~nlpro\?z- cause to be ;affixed in aconspicuous place in or near such street, square ,,,,

or part. a noiice, signed by the Chairman, and SCIICI~C,

(a) staling thc purpose lirrr which the street, square or part is rcquircd. and

( b ) declaring hat the Board will. on or after a date l o be specii'ied in the nulice, take over charge of such street, square or part from 111r owner tl~ereof,

and shall simultnncously scnd n copy al'such notice lo he owncr of such street, square or pari.

(2) Al'rer considering and deciding all objections (ifany)received in writing before the dateso specified, the Board may takeovercharge of such street. square or part from [he owner thereok and the samc thereupon vest in [he Board.

(3) When the Board alter or close any slreet or square or part [hereof which has veslcd in lhcm undcr sub-seclion (2), lhcy shall pay reasonable compensation to [he previous owner for [he loss of his rights therein.

( 4 ) If rhc alleration or closing oF any such slreel, square or p;ur causes damage or substanlial inconvcnicncc lo owncrs of propcrry adjacent [hereto, or to residents in thc ncighbourhood. ~ h c Board-

( i ) shall forlhwith provide some other reasonable Inenus of access for the use of persons who were en titled to use such sireel, square or part as a means of access lo any property or place, and

(ii) i F the provision of such means of access does not sufficiently compensate any such owner or rcsident for such dzlma~e or inconvenience, shall also pay him reasonable compensation in money.

'See para. (.hl of root-no~e 3 on pagc 328, nlrfc.

Provision of drain or walchvork lo wplacc another silualcd on land vcsrcd in the Board undcr sccrion 54 or stcriun 5 5 ,

[Ben. Act V I

56. (I) When any building, or any slreet, square or other land, or any pan thereof, has vested in thc Board undcr scction 54 or sccrion 55, no municipal drain or walerwork lhcrcin shall vest in [he Board until anolherdrain or waterwork (as thccase may be). i f required, has been provided by the Board, to the satisfaction of [he '[Corporarion of Calcuua] or of the Commissioners of [he Municipaliry consrituted under the Bengal Municipal Act, 2[1 9321, as the casc may be, in place Bcn. Acl

of the Former drain or work. xv or 1932,

(2) If any question or dispure arises as lo whe~l~er anorher drain or waterwork is required. or as ro the sufficiency of any drain or waterwork provided by the Board, under sub-secrion (I), !he martcr shall be referred to [he 3[S tate Govcrnmenr] whose decision shall be final.

Bar 10 57. ( 1 ) 4[Seclions 350. 35 I , 362, and clause (c) of section 361 of applicalion of ccnain thc Calculla ~ u n i c i ~ a l Acl, 195 1 1 shall not apply to any street which W c s ~ Ben.

secrions of is ves~ed in [he Board. ACI XXXIII 111c Calcurra of 1951. Municipal (2) 5[~u les 5 and 6 in ScheduleXV to] [he said Act shall not apply

Ig5', whcn any drain. pavement or surface referred l o in he said '[rule 51 10 srrtc1s vcstcd in is opened or broken up by the Board or when any public streel is undcr lhr: Board. construction by ~ h c Board.

Repair and 58. Whenever lheBoard allow any street vested in them to be used wa~cring or slr<e!s for public traffic,- vcs~cd i n thE Bu;ird. (nJ they shall, as filr as practicable, keep the streer in good

repair and do all things necessary for the safcty and convenience of persons using i t , and

(h) they shall cause thc street 10 bc walcrcd, if they consider it necessary LO do so rorthc public convenience.

' ~ h c s c words tvcrc subsliturrd Tor the wurds "Gzncral Colnmir~cc" by s. 2 and

rhc Firs1 Sch. or l l ic Hengal Repealing and Amending Acl. 1938 (Hcn. ACL I or 19391,

para. (6) or foor-norc 3 on pagc 328, urlrp.

IScc Cuul-nulr: 2 un pagc 303. t l r ~ ! ~ .

%ubsri~utcd Cor rhr wurds "sccrions 296. 297 and 307. ;ind clausr: ( u ) or section 306, of thc Calcurra Municipal ACI. 1923" hy s. 36(r1) or ihc Calcul~a Iniprovcn~cnr (Arnund~xicni) Act. 1955 (~VCSI Bcn. ACL XXXII of 1955).

"ubsriru~cd for the wurds, [igurcs and tcrtcrs -'Rules 4 and 5 in Schcdulc XVI lo" by s. 36(6)(i), ibirl,

bSubsriru~cd Tor rhc word and 6gur.e "rule 4" by s. 36(b)(i i) , ibirl.

59. Whenever any drain in , or the pavement or surface of, any street vested in the Board is opened or broken up by the Board for the

9 purpose of carrying on any work,

or whencvcr the Board allow any street which [hey have under construction LO bc uscd for public traffic,

the Board shall causc the place to be fenced and guarded and LO be sufficiently lighted during the night, and shall take proper precautions for guarding against accident by shoring up and pro~ecting adjoining buildings,

and shall. with all convenient speed, complele the said work. fill in the-ground, and repair the said drain, pavement or surface, and carry away the rubbish occasioned thereby or cornplete [he cons~ruc~ion of the said street, as the case may be.

60. ( I ) When any work referred to in section 59 is being executed by the Board in any public street vested'in them, or when any other work which may lnwiully be done is being executed by the Board in any st rcct vested in them, the Board may direct [hat such slreet shall, during the progress of such work, be either wholly or partially closed to lraffic generally or to Iraffic of any specified description.

Guarding and lighling wllcn slrccl vcslcd in rhc Hoard is opcncd or broken up, or whcn wrcet is undcr cons~ruclion and specdy cornplclion or work.

Prcvcnrion or rcslricrion o l trailic in sircci vcsrcd in lhc Board. during pmgrcss or wurk.

(2) When any such direction has been given, the Board shall set up in a conspicuous position in or near he street an order prohibiting traffic to theex l eh so directed, and shall fix such bars, chains or posrs across OF in [hc street as they may think proper For preventing ur res~ricting uaftic [herein, after nulifying in local newspapers their intention to do so.

61. ( I ) When any work is being executed by [he Board in any Provision r~cilirics. public street vested in them, the Board shall, so far as may reasonably

be practicable, make adequate provision for- payrncni or cornpcnsa-

(a) the passage or diversion of [raffic ; lion, when work i s cxccu~cd by

(6 ) securing access to all premises approached from such ~~~d in street ; and public succt

vzsrtd in

(c) any drainage, water-supply or means of lighting which is them.

interrupted by reason of rhe execution of the work.

(2) The Board shall pay reasonable compensation to any person who susmins special damage by reason of he exccution of any such work.

Powtr of h a r d lo lurn ur closc*~uhliv 5 1 1 ~ C l or squarc vcsrcd in Ihc~n .

Tire Crrlcrrftu Itr~p~-c~venlerrr Act, 191 1. I

[Ben. Act V ' i (Cl~tqrl'rur- Ill.-lt~ipr-ove~nctz~ Sclrr~rrc.r.-Srcrio~rs 62, 63.) I I

62. (I) The Board may-

( 0 ) [urn. divert, disconrinue the public use of, or permanently cluse, any pub1 ic s~rccl vcslkd in them or any part thereof, ur

(h) discontinue the pubIic use of, or permanently close, any public square vested in Lhem, or any part hereof.

(2) Whcnever the Boi~rd discontinue [he public use of, or pcrma- nenrly closc, any public street vested in them or any part rhereof, [hey shall pay reasonable compensation to every person who was entitled, orherwisc than as a mere licensee, to use such nrecl or part as a means of access and has suffered damagc from such discontinuance or closing.

(3 ) Whenever the Board discontinue ~ h c public use of, or permanently close, any public square vested in rhcrn, or any part thcrcof, tllcy shall pay reasonable compensation ro cvcry person-

(a} who was enritlcd. o~herwise than ijs ;i mere licensee. to use such square or part as a means of access, or

} whose i~llmovablc propcrly was ventilated by such square or part,

and who has suffcrcd damage.-

( i ) in wsc (a). !'rum such discontinuance or closing, or

(ii) in case ( [ I ) , from the use to which the Board have put such square nr par(.

(4).In derer~nining lhe compensation payable to any person under sub-section (2) or sub-section (3). the Board shall make allowance for any benef i~ accruing to him from the construction, provision or improvement of any olher public street or square at or about [he same time that thc public sweet or square or part [hereof, on account of which the compensation i s paid, is discontinued. or closed.

(5) When any public street or square vestcd in thc Board, or any part thereof. is permanenrly closcd under sub-section (11, the Board may sell. or lease so much of the same as is no longer required.

1 63. * ( I ) The Board may from ~i mc lo lime in regard to any nrea-

'Scciion 63 was substilu~cd lor thc original scciinn 1)). .s. 3 o l the Calcull:~ Iinprovcn~c.or (Amendmcnr) ACI. 1915 (Hcn. Act Ill oC 1(1!5).

'~uhrrituicd for forlncr sub-szctiun ( I ) by s. 371n) or Ihc Calcurta I~uprovc~licnl IA~nrnrlrntn~) Acl, 1955 (IVesl Rcn. Acr XXXII or 19551,

Tlrc Colcrrrrn Irrlpr-ovctnattt Acr, 191 1.

(a) within the Calculla Municipalily, or

(b) i n the neighbourhood nV rhc said municipality,

make plans of-

( i ) proposed public strecls showing the direction of such srreels, the street align~ncnr and building line (if any), on each side of them. their intzndcd width and such o~her de~ai ls as may appezlr desirable, and

( i i ) proposed public parks showing such details as may appear desirable.

(2) When a plan of a proposed public street '[ora proposed public park] has bccn made under sub-section (I). the Board shall prepare n notice stating-

(a) ttie facr that such plm has been made,

- (h) particulars of the land (shown in such plan) '[comprised within the proposed public park or] rhrough which the .proposed public street will pius.

( c ) thc place at which the said plan and particulars may 61: seen at reasonable hours, and

( d ) the period (which shall be nor less than sixry days) within which objections to the said plan may be submitted to thc Board ;

and rhe Board shall thereupon-

( I ) cause the said notice to be published weekly for two consecutive weeks in [he 3[0flcinl Cnzerrej and in local newspapers, and in such other manner as the Board may direct, and

( i i ) Ibrward iicopy of thesaid notice to any person whosename appears in the muilicipal asscssmen~-book as being primarily liable to pay the ovncr's shareol'theconsolida~ed rate, or the rate on thc annual value of holdings, as the case may be, in rcspccl of any land included within the proposed public streer d[or the proposed public park], and

'lnscncd by s. 37[b)li), or rhc Calcurra Improvcnicn~ (Amcndrncn!] Acr. 1'955 (Wesr Bcn. ACI XXXl l or 1955).

21nscricd hy s. 37(h)lii), ibid,

J ~ c c roo!-noic h un pagc 304. rrttfc.

'lnscncd by 5 . 37(lt)(iiil of rhc Calculra Ilnprovemenl (Amendrncnl) Acl. 1955 (Wtsr Ben. Aul X X X l l or 1955).

The Calcrrtta Ir~~provemerrr Act, 1911

(iii) forward a copy of the said notice and uF the plan to which it relates to the '[Cornmissinner OF the Corporation] and, if any area in the neighbourhood of the Calcutta Municipality is included in such plan, to [he Chairman of the local authoriry adminisrering any portion of such area, and

[Ben. Act V , i

( i v ) cause copies of [he said notice and plan to be delivered to any applicant on paymenr of such fee as may be prescribed by rule made under section 138.

(3) On or afier a date no^ being less than sixly days from the date of the First publication OF the notice) to be appointed by the Board in this behalf, the Board shall consider-

( n ) all objecdons in writing received from any person affecled by the proposed public street 2[or the proposed pu blicpark] conIemp1;ited by such plan, and

(b) any represenra~ion in regard to such street '[or public park] made tu the Board by the Corpvration orrhe aforesaid local authority ;

and he Board may thereupon either withdraw the plan or apply to the "[State Government] for sancrion thereto with such modification (if any) as the Board may consider necessary.

(4) If the Board apply For sanclion as provided in sub-section (3) they shall simultaneously Forward lo the '[Sra~e Government] a full statement of all objections and representaions made to them under the said sub-section.

(5) When a plan of a proposed public streelS[or a proposed public park] has been submitted to rhe '[Slalc Government] under sub- section (31, the Board shall cause notice of (he fact to be published for two consecu~ive weeks in rhe b[~f i c i r r l~r t z e t t c ] and in locaI newspapers.

-

' ~ h c words "Exccuiivc Olficcr of hlr Corporalion" were originally subsri~urcd lar tl~c words "Chnirmm a l rhc Corpralion" by s. 2 and the Lrsr Sch, of thc Bcngnl Rcpcaling and Amending ACI, 1938 (Bcn. Act 1 a f 1939), and rherearier lhe word "Coni~nissinncr" was subsiiruicd lor thc words "E~ccurivc OTficer" by s. 37(b)(iv) of rhc Calcutia Improvement (Amendment) Act. 1955 (Wzsi Bcn. XXXII of 1955).

Ilnseried by s. 37(clli), ibid.

3~nscr~cd by s, 37[t:)(ii), il>irl.

'SCC foot-now 2 on page 3U.7, nrlre.

S~nscncd by s. 37(c1) or the Calcutw Irnprovemeni (Amcndmenl) Acr. 1955 (Wcsi Dcn. ACI-XXXII of 1955).

b S e ~ lonl-no[c 6 on page 304. rr!lre.

The Calcrrrro lrr~provanenr Acr, 1911.

(6) The '[State Government] may sanction, either with or without

, modification, or may refuse to sanction, any plan of a proposed public streel '[or a proposed public park] submilted ro i t under sub-secdon (3).

(7) Whenever the '[State Government] sanctions a plan of a proposed public street '[or a proposed public park], it shall announce the fact by notification, and the publication of such notitication shall be conclusive evidence [hat the plan has been duly made and sanclioned ;

and the proposed public slrerl 3[or a proposed public park] to which such notification refers shat 1 be deemed to bra projected public street "[or a projected public park], and shall be so deemed until-

(a) such street 5[or park] has been declared. under section 65 or section 66, as [he case may be, lo be a public strecl '[or park], or

(b) the said notifica~ion has been cancelled by anolher notiticatinn :

Provided that such cancellation shall not affect- the validity of any action laken by the Board in pursua~~cc of the said notiticatinn.

(8) If any person desires to erecl, re-ercct or add to any ~ v d l (exceeding ten Feet in height) or building which falls within '(the area comprised in a projected public park or within] rhe strect alignment or building line of a projected public street shown in any plan sanctioned by the '[state Government] under this section. he shall submit ad

application in writing lo the Chairman for permission so to do :

Provided as follows : - (i) no such application shall be necessary for permission to

erecl or re-erect, berween a building line and the slreet alignment,-

(a) a porch or balcony, or

(h) along noL more than one-third of [he frontage, an out-house not exceeding hfteen feet in height ;

'SCC ~ O O I - ~ O I C ? un page 303, nrlre.

?[nscrwd by s. 37 (d} or the Calcuti;) Improvement (Arnend~i~cnr) Acl, 1955 (Wcsl tlcn. Acr XXX l l a i 1955).

Jlnscned by s. 37(c)(i), ibrd 'Inscrczd hy s. 371rlIii). ;bill.

'lnsertud by s. 371e)(iii). il~id. blnscncd by s. 37117. ibirl.

T f ~ e Calcrrrra I~nproventer~r Act, 191 1.

( i i ) nothing i n [his sub-section shall relieve any person from the liability to oblain such sanction as it may be necessary LO

obvain under any law for the time being in force from any local authoriry.

(9) The Chairman shall in no case refusc an application submitted under sub-section (8) if the applicant executes an agreement binding himself and his successors in interest lo remove, wilhoul compensation, any wall or building to which that application relaw, in [heevent of the Board--

(0) deciding (at any time afier an improvement scheme has been sanctioned underseclion 48 for an area wirhin which s ~ c h building or wall i s siluate) rhar the said wall or building, or any portion thereof, ought !o be removed, and

( b ) calling upon the owner for the Lime being, by wrirren notice, to remove the same within a time (not being less rhan sixty days from lhe date of the service of the notice) LO be specified in the said norice.

(10) [Flhe Chairman does not, within thirty days from the receipt of an application submitted under sub-section (81, grant or refuse the permission applied for thereunder, such permission shall be deemed lo have been granled.

( 1 I ) If the Chairman refuses permission lo any person to erect, re- erect or add to any wall or building as aforesaid which falls-

(i) within the srreet alignment, or

( i i ) berween [he street alignment and the building line,

of a projected public street ' [or within a projected public park], the owner OF khe land on which it was sought to erect, re-erect or add to such wall or building, may call upon the Board, at any time, within Lhree months from the date of such refusal either-

(a) to pay him compensation for any damage sustained by him in consequence of such refusal. or

(b) to acquire so much of his land as falls within the street alisnmenr, or bc~ween the street alignment and the building line 2[or wirhin the area comprised in the projected public

, park], as the case may be ;

[Ben. AcL V

I

'lnstnrd by s. 37(s)(i) o f the Calculla lmprovcmcnr (Arncndmcnl) Aci, 1955 (Wrsr Bm. ACI XXXlt or 1955).

'[nscntd by s, 371g)liil. ibid.

Tire Calcutta It~lprouemenr Act. 191 1.

(Chapter Ill.--ltrrprovernenr Scl~etttes.--Section 64.)

and the Board shalt thereupon-

in case (a), make full compensation to the said owner for any damage which he may be found lo have suslained in consequence of such refusal, and

in case {b), Forthwith take steps to acquire the said land :

Provided that. in the case of such land as falls within the street

alignment only. i t shall be optional with the Board to acquire the same in lieu of paying compensation therefor.

(1 2) An appeal shall lie to the Board from .any refusal by the Chairman 10 grant an application under this seclion.

64. ( 1 ) If any queslion or dispute arises- Reference o i dispurcs

(a) between the Board and the previous owner of any street or (O

square or part [hereof which has vested in the Board under section 55 and has b ~ n altered orclosed by hem, as to the sufficiency of thecompensation paid or proposed to be paid under sub-section (3) of that section, or

(b ) between the Board and any persun who was entitled, otherwise than as a mere licensee, to use as a means of access any street or square orpart [hereof which has vested in the Board under sec~ion 55,

(i) as to whether the altera~ion or closing of such street, square or part causes damage or substantial inconvenience to owners OF property adjacent thereto or 10 residenls in the neighbourhood, or

( i i ) as lo whether the orher means or access provided or proposed to be provided under sub-section (4) of the said section 5 5 are reasonably sufficient, or

( i i i ) as to the sufficiency of any compensation paid or proposed lo be paid under the said sub-section (4). or

( c ) between the Board and any person, as lo the su fFiciency of any compensation paid or proposed lo be paid to him under sec~ion 61, sec~ion 62 or section 63,

the malter shall be determined by [he Tribunal. if referred to it, either by the Board or by the claimant, within a period of lhree months from-

in case (a) or case (bj-the date on which the street or square or part thereof was altered or closed, by [he Board, or

Vcsring in Curporarion of s\rcrcs laid uur or al~crcd, and open spnccs prnvidcd, by the Board undcr an improvemen[

scl~crnc.

Tire Calcrrrra Ir~rprovcmterll Act, 191 I .

[Ben. Act V

(Clruprer I l I . - I~~~pro~~enre~~r Sclletnes.Section-65.)

in case (c)-the dale on which the said person was informed of the decisiorl OF the Board hxing the amount of compensation to bc paid lo him,

and rhe dereminarion of the Tribunal shall be final.

(2) If a reference lo the Tribunal be nor made wirhin thc period prescribed by sub-section { I ) , the decision of the Board shall be final.

(3) For the purpose of determining any matter referred lo it under sub-section (I). [he Tribunal shall have all the powers with regard to wilnesses, documents and costs which it would have if he Land I of 1594. - . . -

. . . . . - Acquisition Act, 1894, as modified by section 71 of this Act, were . .

applicable to the case.

65. ' ( I ) When \he Bflard are of opinion-

( ( I ) that any areet laid out or altered by them has been duly levelled, paved. metalled, flagged, channelled, sewercd and drained in the manner provided in the plan sanctioned by the Stale Government under section 48.

(b ) that such lamp. lamps-posls or other apparatus as are necessary for the ligh~ing of such street have been provided, and

(c) rhal water and other sanitary conveniences ordinarily provided in aMunicipaliry havebeen duly provided in such street,

they shall rzpon [his fact to the Corporation ; and it shall be the duly OF the Corporation within three months from [he date of receipt OF such report, after such inquiry as it thinks Fil to make eilher to declare the street to be a public street by wrirren nolice affixed in some conspicuous position in such street, whereupon such street shall vesl in [he Corporalion and be maintained. kept in repair, lighted and cleared by the Corporation ; or, i F the Corporalion i s of opinion that certain works requircd lo be done before such declaration may be made, lu require the Board lo complete such works :

Provided as lollows :-

( n ) no engineering or accom modation work not included in the scheme as sanclioned by the Srale Guvernmenl under

'sub-seclions ( I ) and (2) wcrc subsciluicd Tor ~ h c lomzr sub-sccrion I I ) by s. 3810) of thc Calculia Irnpmverntni (Amrodmcnt) ACI, 1755 (Wcsl Bcn, Ac l XXXII of 1955).

seclion 48 shall be required lo bc done by the Boardexcept with rhe larcer's consent as a condition of such transfer ;

(b) when certain works in connection with the street can be taken up only al'ter a lapsc of time to allow for consolida- tion of roads or the erection of buildings on both sirles. the declaration shall not be put off till they are completed, but shall nor be made, within he lime prescribed under his sub-section on the Board giving an underraking t h a ~ hey shal I complete the works when asked by [he Corporalion to do so.

1 (2) As soon as the works required to be done by the Corporation as aforesaid are completed, the Board shall report the f a c ~ LO [he Corporation ; and i t shall be the duty o r ~ h e Corporation lo declare ihe streel lo be a public street by writlen nolice aftixed in some conspicuous position in such street within two mon~hs from the dale nf receipl of the report, on the expiry of which period the liability flf the Board to maintain the streel and the srreet lighting or ro pay [he Corporation rates assessed on the lands comprised within such street shall ceasc.

2(3) When any open space for purpusesof vcntilaiion or recreation has been provided by the Board in executing any improvement scheme, i l shall. on cnmplerion. be transferred to rhe Corporation by resolu~ion of the Board, and shall lhercupon vest in, and be maintained al he expense of the Corpora~ion :

Provided that the '[Corporation of Calcuua] may rcquire the Board bctbre any such open space is so fransferred, lo enclose, level, turf, drain and lay out such space and prnvide foolpaths therein, and, i f necessary, to provide lamps and other apparatus for lighting it .

2(4) If any difference of opinion arises be~ween [he Bward and r he 3[Corporation of Calcurra] in respect oF any rna~terreferred lo in the foregoing provisions o i this sec~ion, ihe matter shall be referred to the '[S~ate Gnvernmenl] whose decision shall be linal.

66. IF secrion 65 be extended, by noliticarion. under scction 1, sub-section (.?I, l o any Municipality in ~ h c neighbourhood of the

'Scc rool-nolc 1 on pagc 314, orlu

'For~ncr suh-secl~ont: IZ) a ~ ~ d ( 3 ) \wrc rc-numbercd as sub-scciionc (3 ) and (4) rcspcc~ively. by s. 3B(b) or ihe Calculla I~npmvcnlcnl (Amcndmen!) ACI, 1955 (West Bcn. Acl XXXlI uT 1955).

'SCC rool-nolc I on pagc 336, nlrre.

'Srr rool-norc 2 on pagc 303. nrrrc.

The Cr~lci~tta In~provernenr Acr, 191 1.

(Ckoprer lib-br~prove~~~errr Sche~rlnes.4ecriot167.- Cf~apter IV.-Acqrrisition a ~ l d Disposal of lnnd.Sections.68, 69.)

Calcutta Municipality, it shall beconslrued as i f the references therein 1. to the General Corn miltee and the Corporation were references ro the

Cnmrnissioners of the former Municipality.

Power of 67. Notwithstanding anylhing contained in section 65 or section Board ro rcrain 66, the Board may retain any service passage which they have laid out servict: for sanitary purposes, and may enter into an agreement wilh the pasajys.

Corporation or any olher person for the supervision, repair, lighting and general management of any passage so retained.

CHAPTER IV

Acquisition and Disposal of Land.

Power 10 68. Thc Board may enter into an agreement with any person for purch~se or I,,, by the purchase or leasing by the Board from such person of any land agrccment. ' * * or any inlerest in such land 2[for carrying out any of [he

purposes of this Act.]

3Explarrorio~~. h he pDwer of the Board to acquire land or any interest in such land by purchase or lease may be exercised not only in respecl of lands falling within an improvement scheme already framed bul also in respect of lands relating to which the Board may frame improvement schemes in future and shall be exercised after obtaining the previous sanc~ion of the State Government.

[Ben. Act V ,

Co~npulsory Acquisitiorr. ...

Powcr LO 69. The Board may, with the previous sanction of the '[State acquire land under Government], acquire land under the provisions of the Land Acqui- I of I 894. . .

Land sition Act, 1894, for carrying out any of the purposes of this Act. . - Acquisition Act, 1894. 5 Exp1a11arion.-The power of the Board to acquire land under the

Land Acquisition Act, 1 894, may be exercised not only in r e s p t of

--

' ~ h c words "which ~ h s Board are aurhorizcd ro acquirc" wcrc nrnilted by s. BB(l)(a) o(the Calcu~w Improvrmrn~ (Amcndrncnl) Acl, 1955 (Wcsl Ben. Act XXXlI o i 1955).

21nser~rd by s. 3911)(b), ibid. 3"~rplatrr~t ir~~r" was added by s. 39IZ). ibid. '.Tee hol -no~e 2 on page 303, utile.

5 ' 1 3 p l n ~ ~ d f i o ~ r " was added by s. 40 or rhc Catcurlil Irnprnvcmenl (Amcndrnenl) Act, 1955 (WCSI Ben. AcC XXXll oT 1955).

The Culcirtta hlprovea~ent Acr, f 91 1. 347

lands falling wilhin an improvement scheme already framed but also in respect of lands relating to which [he Board may Frame improve-

'? ment schemes in future.

70. A Tribunal shall be constituted, as provided in section 72, for the purpose of performing the functions of the Coun in reference lo

I ol 1894. the acquisirion of land for the Board under the Land Acquisilion Act, 1894.

71. For the purpose of acquiring land under the said Act for thc Board,-

( 1 1 ) the Tribunal shall (except for the purposes of seclion 54 of that Act) be deemed to be the Court, and the President of ~heTribunal shall bedeemed to be thejudge, under~hesaid Act ;

Act V 01 1908.

(6) the said Acr shall be subject to the furlher modifications indicated in [he schedule ;

c the President of the Tribunal shall have power to summon and enforce the attendance of wirnesses, and to compel the production of documen~s, by the same means, and (so far as may be) in the same manner, as is provided in the case of a Civil Court under the Code .of Civil Procedure, 1908 ; and

Tribunal to hc consrituted.

Modiiicn- tion o f ihc Land Acquisiiion Acl. 1894.

(dl the award of the Tribunal shall be deemed to be the award of the Court under the said Land Acquisition Act. 1 894, and '[shall, subject to [he provisions of section ??A, be final].

72. ( I ) The said Tribunal shall consist of a President and two Consliluuon o f Tribunal.

assessors.

(2) The President of the Tribunal shall be either- * ( o ) a person wllo was or has been a member OF the Judicial

Serviceas defined in article236 of the Constitution of India tbr at least Len years and held a rank not inferior to that of a Subordinate Judge for at least three years ; or,

3 ( b ~ a barrister OF advocate who has prac~ised as such i n the Calcutta High Court for not less lhan ten years.

'~ubstirutcd lor tht. words "shall be nnal" by s. 4 1 af the Calcutcil l~nprovernear (Amrodmenr) Act, 1955 (Wesr Ben. ACI XXXI I uT 1955).

2~ubsritulcd for the rormcr clausc ( ( I ) by s. 42(1J(fl). ibiri.

"ubs~itutcd for Ihc hrmer clausu (lt) by s. 42(11(b), itid.

Tlre Colcrrrrn 11~1prnvet~rent Act, 191 1. i

[Cl~npier 1V.-Acrlrrisirinn atid Disposal oJ Land--Sections 73, 74.)

(3) The PresidenL of the Tribunal and one of the assessors shall be appointed by the '[State Government]. and the olher assessor shall be

1: appointed by the Corporiition '[within the time fixed by [he State Government], or. in dcfault of the Corpurarion, by the '[state Governmen11 :

Provided thar no person shall be eligible for appoinlmenr as n menher af the Tribunal i f he is a Trusrec or is, fur any of rhe reasons mentioned in section 9. disqualified for appointment as a Trusree.

(4) Thc term of oftiice of each member o f the Tribunal shall be rwo years; but any member shall, subjec~ to ~heptoviso to sub.secrion (3), be eligible for reappoin~ment at the cnd of that term :

3Providcd that a memberwho is an assessor shall not beeligible for rcappdinrmcnt for mart: than n furrher tcnn of LWO ycars.

(5) Tl~c ' [state Government] may, on I he ground of incapacity or ~nisbehaviour, ur for ally other good and sufficient reason, cancel the appointment of any person ;IS a member nf the Tribunal.

(6) When any person ceases for any rcason ro be a member of [he Tribunal, or when any member is remporarily absent in consequence of illness or any other unavoidable cause, [he ' IS rate Onvemment] or ( i F [he person whose place is to bc tilled was appointed by the Corporation) the Corporation, or, in default of the Corporation, the '[state Government] sh;ill fmhwilh app~int a fit person tu be a member in his place.

(7) All appointments madc undcr this section shall be published by notificadon.

Rc~nuncra- tion ul'

73. Each member of the Tribunal shall be entitled to receive such

rnclnhrrs nf remuneration, eilher by way of monthly salary or by way of fees, or Tfiuna1. part ly inoneufthosewaysandpart ly intheother.asthe' [~tate

Guvernmenr] may prescribe.

74. ( 1 ) The Presiden~ of the Tribunal shall, from time to time, scrvilnrs or Tribunal. prepare a stalemen1 showing-

(n) the number and grades of the clerks and other officers and servants '[who] he considers shouId be maintuined for carrying on the business of the Tribunal.

'lnscr~cd by .r. 42t2) uT Ille Calcutta lniprovcn~snl (A~ncndnivnl) Act, 1355 (Wrst Bcn. Acr KXXII or 1955).

'This pmvisv was addrd hy s. 4213). ibirl.

4Subsljruisd Inr lhc wnrrl "by s. 43(11J, ilrirl.

(6) the amount of [he salary to be paid to each such officer and servant, and

7 ( c ) the contribuiions payable under section 146 in respccl of

each such ot'licer and scrvant.

(2) The Presidenl of the Tribunal shall, from time to time, make rules-

'(ai) prescribing \he qualifications. the period ofservice, [he age nt superannuation and orher conditions of service of the officers and servants of the Tribunal;

(i) for regulating [he grant of leave of absence, leave allowances and ac~ing allowances to thc officers or servants of [he Tribunal; and

( i i ) for eslablishing and maintaining ;i provident or annuity fund, for compcll ing all or any of the officcrs or servanrs of the Tribunal (other lhan any '[servanr of the Govern- ment] in respect of whom a contribulion is paid under section 146) to contribute to such fund, at such rates and subject to such condirions, as may be prescribed by such rules, and, with [he sanction o f the Board For supplementing such contributions oul OF the funds of the Board :

'provided that a servant of the d[~uvernment] employed as an officer or servant oFthe Tribunal shall no1 be entitled to leave or leave allowances otherwise lhan as may be prescribed by thc conditions of his service under the 4[Govemment] rclaling to transfer lo foreign sewicc.

(3) All statements prepared under sub-scction (I), and all rules made under su b-seclion {2), shall be subjecr to [he previous sanclion of the '[Stale Gwernmentl.

(4 ) Subject to any directions contained in any statement prepared under sub-section (I) and any rules made under sub-section (2), and for the time being in force, the power of appointing, promoting and

'Clausc (nil was inscrlcd by s, 43(b) of lhc CaIcaira Improvcmcnr (A~ncndrncnt) ALL 1955 (Wcs~ Bsn. Acr XXX l l of 1955).

?hc word5 "scrvani of rhc Crown" w c ~ c originally wbsriluicd Tor thc words "servan~ of thc Govtrnrncnt" by para. 3 and Sch. 1V 10 thc Govcrn~ncnl or India (Adaplalion or lndian Laws) Ordcr. 1937, and ihercihrrcr rhc word "Guvernrncnl" was subsriiulcd Tor the word "Crown" by pmgraph 411) of rhc Adapliiriun of Laws Ordcr. 1950.

>Th is provisn was subst~tu~rd Tor ihc original proviso by piim. B and Schedule 1V lo rht Goucrnrncn~ of India (Adap~aion uC Indian Laws) Drkr. 1937.

'See foot-nn!c 6 on page 308. nrtte.

% e ~ fool-nurc 2 on page 303. rrrrtc.

[Ben. Act V

granting leave to officers and servants of theTribunal. and the power v. of reducing, suspending or dismissing them, shall vest i n he President

of the Tribunal.

Paymcn~s 75. Theremunera~ion prescribed undersection 73 for members of by Board the Tribunal, and the salaries, leave allowances and acting allowances on account

Ttibunal. prescribed under section 74 for officers and servants of the Tribunal, shall be paid by the Board to the President of the Tribunal for distribution.

Power ro 76. ( 1 ) The President of the Tribunal may, from time to time, makc rulcs ro r wi~h the previous sanction of the '[State Government]; make rules, nor Tribunal. repugnant to the Code of Civil Procedure, 1908, for he conduct of ActV 01

business by the Tribunal. 1908.

(2) All such rules shall be published by notifica~ion.

A W X ~ of 77. (11 For the purpose of determining the award to be made by Tribunal how to rhe Tribunal under the Land Acquisition Act, 1 894.- I or 1894. , dcrcrnlinrd. (a) if there is any disagreement as to the measurement of land, !

or rhe amount of compensation or costs to be allowed, the opinion OF the majority of the members or the Tribunal 1 shall prevail;

(6) questions relating to [he determination of the persons to whom compensation is payable, or the apponionment of

1 cornpensarion, may be tried and decided in the absence of ! the assessors if the President of [he Tribunal considers their presence unnecessary; and when so tried and decided. the decision of the President shall be deemed to be the decision of the Tribunal; and . . .

c-) notwithstandinganythingconlained in the foregoing clauses, the decision on all questions of law and procedure shall rest

. . . .

solely with c he President of the Tribunal. . . . . .

(2) Every award of [he Tribunal, and every order made by the Tribunal fur he payment of money, shall be enforced by the Caun of Small Causes of Calculta as i f i t were a decree of that Court.

Appcal. 277A. ( 1 ) An appcal shall lie to the High Court from an award under this Chapter, in any of the follewing cases, namely --

In) where the decision is that of the President of the Tribunal sitling alone in pursuance of clause (b) of section 77;

'Srr loo(-now 2 on pagc 303, orbre. '~ecl ion 77A waq inserted by s. 44 of rhc Calculla Improvement (Ammdmcnr)

Act, 1955 (West Ben. ACI XXXll or 1955).

The Culcrrrtu I~r~proverrterrr Acr, 191 1.

(Cl~uprer 1V.-Acqlrisitiot~ nt~d Disposal of L .und. - -Setr i~~~ 78.)

(b ) where rhe decision is that of the Tribunal, and-

( i ) [he President of the Tribunal grants a cenificate that the case is a fit one for appeal, or

( i i ) [he High Coum grants special leave to appeal :

Provided that the High Court shall not grant such special leave unless the Presiden~ of the Tribunal has refused to grant a certificale under sub-clause (i) and theamounr in dispute is five lhousand rupees or upwards.

(2) An appeal under clause (6) of sub-secrion (I) shall only lie on (one (IT more of) the following grounds, namely :-

(i) the decision being contrary to law or to some usage having the farce of law;

( i i ) the decision having failed LO determine some malerial issue of law or usage having the force of law;

(iii) a substantial error or defect in [he procedure provided by Ihe said Act which may possibly have produced error or defect in the decision of the case upon the merits.

(3) Subject ro the provisions of sub-sections (I) and (2), the Act V or provisions OF the Code of Civil Procedure, 1908, with respect to I 908. appeals from original decrees shall so far as may be, apply to appeals

under this seclion.

(4) An appeal under this section shall be deemed to be an appeal under the Code of Civil Procedure, 1908, within the meaning of article

I X or 1908. 156 of the First Schedule to the Indian Limitation Act, 1908.

( 5 ) The Chief Judge of the Court of Small Causes of Calcurla shall, on application, execute any order passed by the High Court on appeal under lh is Act as if it were a decree made by himseIr.

Abandorrmenr of Acqtiisition.

78. ( I ) In any case in which the ' [State Government] has sanc- Abandon- men1 or

tioned he acquisition of land, in any area comprised in an improve- JFquisiliDn menr scheme, which is not required for the execulion of the scheme, in c0nr.i-

dcralion the owner of the land, or any person having an interest therein, may ,I special make an application to the Board, requesting that the acquisition of the pay mefir.

land should be abandoned in consideralion O F the payment by him of a sum to be fixed by the Board in that behalf.

(2) The Board shall admit every such application if it-

(a) reaches thein before I he lime tixed by the Collector, under I of 1894, section 9 of the Land Acquisilion Act, 1894, for making

claims in reference lo the land, and

Tlre Culcrtrra In~provetncnr Acr, 1911. i i

[Ben. Act V i I

(Cllnpter IV.-Acq~risi~iorr ald Disposnl of latrd--3ecriotr 78.) I I

(h) is made by all persons who have in tercsts in the land grearer >,. ,. -.-.. :,: ..... ,- -.. '

than a lease for years having seven years to run. . . , . . , . . . . . . , .

(3) IF the Board '* * * admit any such application, they shall forthwith inform the Collector; and the Collector shall thereupon slay for il period of three months all further proceedings for the acquisition of the land, 2p;lnd iflhe Board decider0 allow the application they shall proceed] to Fix the sum in consideration 01' which rhe acquisirion of the land may be abandoned.

(4) Within the said periad OF three monlhs, or, with [he permission of rhe Board, at any limebefore the Collec~or has taken possession . . .

OF rhz land, under section 16 of ~ h c Land Acquisition AcI, 1 894, the ' O' . .'

person from whom the Board have arranged to accept rhe sum so fixed may, i f the Board are satisfied thal the security offered by him is sufficient, cxecute an agreement with the Bonrd, either-

(i) to pay the said sum three years airer the date of the agrzcment, or

( i i ) ro lcave [he said sum outstanding as acharge on his inrerest in [he land, subject tothe payment in p e r p e ~ u ~ i t y of interest '[at such rate nor exceeding d{ten per eel!!. per ot~nrrtrl) as the '(State Government) may fix by notification.] and 10

make the Firs1 annuill payment such interesr four years after the date of thc agreement :

Provided that rhe Board may, at any lime before rhe Collector has laken possession of rhe land under section 16 of [he Land Acquisi~ion Act, I 894, accept immediate payment of [he st id sum instead of an agreemenr as ahresaid.

( 5 ) When any agreement has been executed in pursuance of sub-section (41, or when any payment has been accepted in pursuance of the proviso LO that sub-sectinn, in respect of any land, the proceedings For the acquisition of [he land shall be deemed LO

be abandoned.

' ~ h c words "dccidl: [a" wch: omirttd by s. 45 (n) ( i ) of thc Caluurra Irnpmvcmrnt (Arncndrnrnl) ACI. 1955 [Wcsl Bvn. Acr XXXlt of 1955).

2~ubatitutcd Cor thc words "and tlic 0o;~rd shall proceed" by s. 451rrl(iiJ, illid.

'The wnrds ";it such ratc not csceedin~ six per ue,rt. pcr rtrrrlrrrrr as thc Srate Gnvrrnmcnr [nay fix by no~ificnrion," WdrC substiturcd Tor ihc words "at thc rare o f six per cerrl. per n?~lrl~tn" hy S. 2(n) n i the Calcurra Impwverncnr (Amendrncnr) Act. 1934 (Bm. Aci I1 of 1935).

he lvords within square brackclf were subsrilurtd for thc words "six per L ' ~ J I ! .

ptr rtrr~~rtrrr" by s . 1 bar tllc C;~lculla Impruvcmcn~ (AmenJmcn~) AcI, 1983 (West Ben. Act KLII or 1983).

The Calcrrrrn 1111proverrrrnt Act, 191 1

(6) Every payment due from any person under any agreement

f . execuled under sub-seclion (4) shalt be a charge on [he interest of that person.

(7) IF any instalmenr of interest payable under an agreement execu~ed in pursuance of clause ( i i ) of sub-section (4) be not paid on the dale on which i r is due. the sum fixed by the Board under sub- section (3) shall be payable on lhat date, in addirion to the said inslalment.

(8) Arany time after an agreement has beenexecuted in pursuance of clause (ii) of sub-sec~ion (4), any person may pay off he charge created thereby, with inwest, '[at the race fixed under i he provisions of that clause] up to the date of such payment.

(9) When an agreement in respect of any land has been executed by any person i n pursuance of sub-section (4), no suit with respect to such agreement shall be brought against the Board by any other person (except an heir, executor or administrator of the person first aforesaid) claiming to have an interest in the land.

2(10) Notwithstanding anyrhing contained i n clause (ii) of sub- section (4) or in sub-section (8) [he rate of interest payable, under (he provisions uf that clause or ha^ sub-section, as the case may be, shall be, or continue to be, four per ct.r~r. per r ~ r l r l t r r ! ~ in cases wheri the sum, in consideralion o i which the acquisition of the land has been abandoned, has been Lxed under su b-section (3) before the date of the

Bcn. ACL commencement of rhe Calcutla Improvement (Amendment) Act, IX or 1923, and rhe agreement in respect of the payment of the same is 1923.

executed before, on or wi~hin rwo months after, that date.

3 ( 1 1 ) Nolwilhstanding anything contained in clause ( i i ) oF sub- sec~ion (4) orjn sub-section (8), the rate of interest payable under the provisions of that clause or that sub-section, as the case may be, shall be, or conrinue 10 be, six per cenr, per arrrrrrrri in cases where the sum, in consideralion of which the acquisition of the land has been abandoned, has been fixed under sub-section (3) on or after the date of the commencement of the Calcutta Improvement (Amendment)

Ben. AEI Act, 1923. b u ~ before the date of [he commencement of the Calculta Irnpr~vemcnr (Amendment) Act, 1934, and the agreement in respect of the pay mcnt of rhe same is executed during the period commencing

' ~ h c h c words wcrc subsliculrd Tor [he words "a1 rhc mrc of six per uctrr. per R I I I I I I I ~ I "

by 3. 2 ( l l o f 1l1c Calcutta Impruvzmcnt (Amcndmcnr) Acl. 1934 [Bcn. Acl I1 of 1935). Z~ub-sccrion (10) w;ls insrnrd by s. 3(2) of Ihc Calculla Irnprovcmcnl (Amcnd-

rncni] AcI. 1922 (Hen. Act [X or 1923). JSuh-scctiun ( 1 1 ) was addcd by s. 2(rh) ofiht: Cnlculla Improvemenr (Amendment)

Act. 1934 (Ben. hut I[ ol 1925).

i

The Calcrtrra hnproveulenr Act, 19 1 1.

men. Act V

ICi~flprer I V.-Acqt~isi#ioti arid Dispossl ofi5111d.- Section 78A.)

with thc date of the commencement of the Calcutta Improvemenl B,,. Acl lx 91 (Amendment) Act, 1923. and ending two monlhs after-the date of the 01 1923.

commencement of [he Calcutta ~m~ravernent (Amendment) Act, :;ni&;!I1 1 1934.

'(12) When an application has been made under sub-section ( I ) and the Board are of opinion that the whole or any part OF the land belonging to the applicant is no1 required for the execution o f the scheme but chac it is necessary that some adjoining land should be purchased by rhe applicant and amalgamated with his land or the portion not so required, in order to conform to the general layout of the scheme, they may permit the applicanl to execurc an agreement to purchase [he adjacent land abovementioned and may at [he same time f ix a fee in consideration of which the \and not required for the execution of the scheme may be exempted from acquisir ion. The price o f ~ h e land sold together with thesum Fixed asexemption feeshall then be dealt with in the manner provided in sub-section (4). and i f the whole' sum payable or any part of it i s kept outslanding, it shall be secured .as il charge on the inrerest of the applicant in the toral area of the land sold to [he applicant and of the land exempted. Subsections (5). (7) and (8) shall apply tosuch agreements in the same manner as in thecase of total abandonment under the foregoing provisions of this section.

2 ~ e l t e r ~ n e r ~ t Jee. Puymcnr 2 7 8 ~ . ( I ) When by the making of any irnprovernen~ scheme, any o( brtIcr- mcnt ree. land in the area comprised in the scheme which is nor required for the

execution thereof will. in the opinion of the Board, be increased in value, the Board, in framing the scheme, may. in lieu of providing for the acquisition of such land, declare that a betterment fee shall be payable by the owner of the Iartd or any person having an interest [herein i n respect of the increase in value of the land resulting from thc execution of the scheme.

(2) Such betterment fee shall be an amount equal to one-half of the increase in value of the land resulting from the execution of the scheme, and shafl be calculated upon the amount by which the value of the land on the complelion of the execulion of the scheme estimated as if the land wereclear of buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner.

'sub-section (12) was ;tddrd by s. 55fb) of ~ h c Calculrn lrnprovcrnent (Amend- mcnl) Act, 1955 (Wcs\ Rtn. Acl XXXII of 1955).

q h i s sub-hcading and soctions 78A. 78R. 78C, 78D. 79E. 7BF and 7BG werc inserlcd by 5. 7 or thc Calcu~in Irnprovarncn~ (Arncndmunt) Acr, 193 1 (Ber~. ACL VIIl of 1931).

(Clraprer IV.-Acqrrisirior~ or~d Disposal of Lortd.- Secriorrs 78B, 78C. J

'?. '78B. (I) When i t appears to the Board [hat an improvemen1

scheme is sufFiciently advanced to enable [he amount of the betterment fee to be determined, the Board shall by a,resolulion passed in this behalf declare that for khe purpose of determining such fee khe execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to every person on whom a notice in respect of the land lo be assessed has been served under clause ( i ) of sub-section ( I ) of section 45 tha~ the Board propose to assess the amount OF the betterment fee payable in respect O F such land under section 78A.

(2) The Board shall then assess the amount of betcement fee payable by each person concerned after giving such person an opportunity to be heard and such person shall within three months from the date of receipt of notice in writing of such assessment from the Board, inform the Board by a declaration in wriling whether he accepts or dissents from the assessment.

(3) When the assessment proposed by the Board is accepled by the person concerned within khe period specified in sub-seclion (2) , such a s ~ e s s ~ e n ~ shall be final.

(4) If [he person concerned dissenls from the assessment made by the Board or fails to give he Board [he information required by sub- seclion (2) wilhin [he period specified [herein. (he matrer shall be determined by arbilrators in [he manner provided by section 78C.

1 78C. (I) For the determination of [he matler refer-;:d , in sub- section (4) of section 78B, the '[State Government] sha~i ::onskitute a panel of arbitrators consisting of two parts, the first part of which shall be composed of persons having special knowledge of [he valuation of land and the second part of other suitable persons.

(2) When the Board have, in accordance with the provisions of section 78B, assessed the amount of betterment fee payable by all persons in respect of land in the area comprised in the scheme [he Board shall serve a notice on alI thosepersons who havedissented from the assessment made by the Board, requiring them Lomeet at such time and place as may be fixed by the Chairman for the purpose of electing an arbitralor.

Asscssrncnr or berler- rncnl Ccc by Board.

' S C ~ roo[-noic 2 on pagc 354, anrc,

2See loot-note 2 on page 303, ntlrc,

Tfre Cnlcitrlc~ h~iprovrnrenr Acr, 191 1.

[Ben. Act V I

(3) For each scheme there shall be a body of two arbitrators, one of whom shall be elected by vote by h e persons present at the meeting

v: referred LO in sub-section (21 from one par1 of the panel, and the other shall bc appoinred by the '[state Government] from [he other part of the panel :

Provided that for the purposes of a particular scheme the [State Government] may, prior to the election refcrred to in this sub-section, if it thinks fit, niodify either part of the panel. . .

- , (4) In the event of a difference of opinion on any marrer beLween the rwo arbitrators, a rhiid arbitrator21who shall act asan umpire] shall be selected by lot from the first parr of [he paneI, and 3[the decision . , .

, .

of [he umpire on the matter shall be final].

(5) If an arbitr~tor dies, lmesigns, becomes disqualified, is removed under sub-section (6). or refuses to perform or in the opinion of the '[State Government] neglects to perform or becomes incapable of performing his functions, the authority who elected or appointed him shall forthwith elect or appoint a fit person to take the place of such arbitrator.

(6) I f the '[State Government] is satistiedafter such inquiry as it thiriks fit that the arbitrator has misconducted himself, it may remove him.

(7) When '[an award has been made under this section by the arbitrators or the umpire, as thc case may be,] \hey shall sign it and forward it to the Board, and such award shall subject to the provisions of sub-section (8) be final and conclusive and binding on all persons.

(8) If the '[State Government] is satisfied after such inquiry as it ihinks fit [hat an award has been improperly procured or that an nrbitraror has misconducted himself in connection wiih an award, the '[stare Govemmenr] may ser aside the award.

FCCS rut 578D. Thc Board shall pay to each arbitrator a fee to be determind ilrbiIr3t0rs. by the ' [Stare Govemrnenr] in respect of the wholc of the scheme For

which his services are ulilized.

'SCF rnnl-nurc 2 on pi l~c 303, rr,~re.

21nacnud by s. 46lil)li) u l IIIC Calcutta Inipmvcmenl (An~cndmenl) Acr, 1955 (Wcst Bcn. Act XXX11 of 1955).

3~ubslituicd for I ~ C words "the Inaiier shall bc dccidrd by thc voics olrhr: niajoriiy or rht: thrcc arbitm~ors" by s. 46(u)(ii), ibid.

- 'Substilulrd for rhc wurds "~ l lc arbitrators I~ave madc tl~cir award undcr scclion 7SC " by S. 4616). ibiri,

55rr IOOI-~OIC 2 nn p;~gc 354. tillre.

The Cnlcrrrra lt~~provcrrrct~t Act, 191 1. 357

(Cf~aprer 1V.-Acqrrisiirion and Disposal ofln11d.- Sections 78E, 78F, 78G. )

'78E. Notwithstanding anything contained in any other enact- 7:

ment ihe proceedings of arbitrators under section 78C shall be governed by rules to be made in this behalf under section 137 :

Provided that every party to such proceedings shall be entitled to appear b e h e the arbilrators either in person or by his authorized agent.

' 7 8 ~ . When the amount of all b e u e m e n ~ fees payable in respect of land in [he area comprised in the scheme h;~s been determined under section 788 or section 78C, as the case may be, the Board shall, by a nolice in writing to be served on all persons liable to such payment, t i x a datc by which such payment shall be made, and interest, at the rarc of 2[[en per cent. per atrtrtrrrr] upon any amount outstanding shall be payable from that date.

1 78G. (I) Any person liable to the payment of a bettermenl fee may. at his option, instead of making a payment thereof10 the Board, execute an agreement with [he Board to leave [he said pay ment ou~standing as a charge nn his interest in [he land, subjec~ [o the paymenr in perpetuity of interesl al [he rale of ![ten per cet~t, per antlut111, the first annual paymcnL of such interest to be madc one year frum the date referred to in seclion 78F.

(2) Every payment due from any person in respcct of a bettermenr fee and every charge referred to in sub-sec~ion ( I ) shall, notwithstanding anylhing contained in any other enacrment and no~withstanding the existence of any mortgage or other charge whelher' legal or

Bcn. Acr equitable created either before or after [he commencement of [he "[I Of Calcutta Improvement amend men^) Act, 193 I , be the First charge 1931.

upon the in~erest of such person in such land.

(31 The provisions of sub-secrions (7), (8) and (9) of section 78 relating, in the case of the payments men~ioned in that section, to the non-payment o f instalments of interest, the paying off of [he charge with interest, and the resuictions in respec[ of suils against [he Board shall apply. ~t~srar is t~rrttatldis, to the paymenl of [he money payable under an agreement made in pursuance of sub-seaion ( I ) and of the interest payable in respect thereof,

' s e t fool-note 2 on pagc 354, ~ I I C .

qhr: word< wilhin squarc brackcts wcrc substiru~cd lor rhc words "six per cctlf.

pcr otmrr~t~" by 6 . 17 ui thr: Calcurra lmprovcmcnr (A~ilendnicn~) Act. 1983 (We51 Hcn. Acl XL l l of 14R3).

Board ro , . givc nolicc

to pursons . . . . liahlc to

, - , . paymcnr uT , .. . . , . , ... .

betterment rcc.

Agrwment lo ~naltr paymznl of bctrcrnlcn~ fee a charge on lmd,

' ~ h c words wilhin squarc brackcr~ wcrc subs~iru~cd tar !he wurds "sili per ucnt. per ~ I I I I I ~ I I I I " by S. IS. ibid.

R C C O L ' L ' ~ ~ of moncy pyablc in pursuance or sccrions 78. 788. 78C or 7SG.

Board to appoint pcrrons fur cniorcc- mcnt uf processes Tor rruovcry uT duct.

Tlrc Ccrlarrrrrr I~~~provpnre t~ t Acr, 191 1. I I

[Ben. Act V j

79. 'AII money payable in respect of any land by any person under an agreement exccuted in pursuance of sub-section (4) of section 78, or by any person in respcct ofa bet~emenl ' fee under sec~ion 78B or section 78C, nr by any person under an agreement execulcd in pursuance of scction 7XG, sub-secti on (I ) , shall be recoverablc by the Board (logether with interest, 2[due, up to ihe date of reaIization. which shall, in thecaseofbetter~ncnt fees under section 78Borsection 7SC. be] ar the rntc of 3(tenper-cc~~r. p~!ro~~nrittr]), from I he said person or his successor in interest in sucll land. in [he manner provided by 4 [the Calcutta Municipal Act, 195 I]; fur the recovery of the consoli- Wes~ Ben.

dated rate ; A a XXXl l l of 1951.

and, i f not so recovered, the Cllairman may, after giving public ~ ~ n l i c e of his intention to do so. and not less than one month after the publication of such nulice, sell the interest of the said person or successor in such land by public auction, and may deduct [he said money and the expenses of thesale from the proceeds of the sale, and shall pay the balance (if any) to Be defaulter.

5 7 9 ~ . The Board may direcr by what authority any powers or duties incident under '[the Cnlcur~a Municipal Act, 195 I], to the enforcement of any process for the recovery of the consolidated rate shal I be exercised and performed when that process is employed under I

section 79. I

?his sub-heading and this paragraph wcrc sub~tirurcd Tor thr original Cirst p n f i ~ ~ r q h hy s. 8 of 111cCalcutra Iniprovcr~icnl (Amendmcnl) Act, 193 1 (Bcn. Act VIII . . or 1931).

'Tticse ivords, figures and Irllers wcrc suhshluled Tor he wucds "up lo !he darc ul realization" by s. 1 01 thc Calcutta In~provzmenk (Amendmen[) Act. 1934 (Hen. Ac1 11 ol 1935).

'The words wilhin square hrilckcrr; wurc jub~rirutrd for Lhe words "six pfr cerrf. per c r ~ r r l r r ~ ~ r ' ' by s. I $ uf rhc Caleuttn Irnprovemcnt (Anicndment) Act. 1983 (Wtsl Bcn. Acr XLtI OT 1983).

d~ubs~i tu~cd for rhl: words md, 6gurcs "thc Calcu~~a Municipal Act, 1923," by s. 47 or 1111: Calcurtn Irnprovcnicnl (Arncnd~wnt) Act. 1955 (West Bcn. Ac1 XXXI I or 1955).

b~ubs~iiultd for lhr words and figures "the Cnlculra Municipal Ac1. 1923" by s. 4H of rhc Cnlcu~ra Impmvc~ncnr (Amendment) ACI. 1955 (Wcsr Bco. Acr XXXll oi 1955).

Tile Calcrrrtu In~provallenr Acr, I9 I I .

'Acqrrisitiorr or1 fresh declumtior~.

'80. I f any land. in respect of which an agreement has been executed or a payment has been accep~ed in pursuance of sub-section (4) of sec~ion 78, or in respect OF which [he payment of a bettermem fee has been accepted in pursuance of sub-section (3) of secrion 788, or has been made after its determision undcr section 78C, or in respect of which an agreement for such payment has been executed under section 78G, be subsequently required fnr any OF the purposes of [his Act, the agreement or payment shal no[ be deemed to prevent the acquisirion of the land i n pursuance of a fresh declaration published

1 of 1R94. under section 6 of the Land Acquisition Act, 1894.

Dirpnsol of Land. 81. ( 1 ) The Board may retain, or may let on hire, lease, sell,

exchange or olhenvise dispose of, any land vested in or acquired by [hem under this Act.

(2) Whenever the Board decide to lease or sell any land acquired by them under this Act from any person, they-

( a ) shall giveno~ice by adveflisernent in local newspapers. and

(bJ shall offer to the said person, or his heirs, executors or adminis~rators, a prior right to take on lease or to purchase such land, a1 a rale to be fixed by the Board. if the Board consider t h a ~ such a right can be given withaul to public interest or] derriment LO the carrying out of the purposes of this Act.

(3) If in any case two or more persons claim to exercise a right offered under clause (b) to take on lease or to purchase any land, [he r igh~ shall be exercisable by the person who agrees to pay [he highesr sum for the land, not being less than he rate fixed by ~heBoard under [hat clause, 10 the exclusion of [he others.

3(4) Nolwi~hslanding anyrhing contained in sub-secrions (2) and (3) or in any other provision of h is Act when the Calcutta Melropoli-

Wcsr Bcn. tan Development Aulhority constitured under the Calcutta Metropoli-

*" 1972. of tan Development Authority Act, 1 972 (I hereinafter referred to as the Authority), or the West Bengal Housing Board constituted under [he

h his sub-heading and scction 80 wcrc substi~ulcd fur the original sccrion 80 by s , 10 of rhc Calcutm Improvclncn1 (A~ncndnlcnt) Acr. 193 1 (Ben. ACL VIl l of 193 I).

2~nscrtcd by s. 4'3 of the Calcutta Improvcmcnt (Amcndmcnl) Act, 1955 (Wcst Hen. ACL XXXlI or 1855).

Agrccmcn 1 or payment not to b x acquisition undcr a fresh dcclararion.

Powcr ID

dispose of land.

3~ub-arc~ions 14) and (5 ) wrrc added by s. 3 or thc Cnlcurla Improvement (Amrndmenl) Act. IP75 (IVesr Ben. Acl XI11 of 1975).

[Ben. Act V

West Bcngal Housing Board Act, 1972 (hereinafter referred to as the west Ben.

Housing Board), requires any land vested in or acquired by the Board $'ltF1l *: under [his Act, for carrying oul any of the purposes of (he Act under which the Aulhoriry or 111e Housing Board. as [he case may be, was constituted, the Authority or the Housing Board, as the case may be, may ask [he Board lo let on hire, lease, sell, exchange or olherwise disposc of suc11 land lo itself and the Board shall comply with such demand and Forthwith transfer possession of such land in favour ofthe Authority or the Housing Board.

1 {5)The amounr orconsideralion at which any land shall be let on hire, Icased. sold, exchanged or olhenvise disposed of under sub- section (4) shall be such as may be agreed upon between the Authority or the Housing Board, as he case may be, and the Board and if they fail to reach an agreement the parties or any of them shall refer the matter to the State Government and the decision of the State Governrncnt thereon shall be final.

CHAPTER V

Taxation.

nury on '82. ( 1 ) The dury imposed by the Indian Slamp Act. 1899, on 11 .I I ~ W . ccrlain instruments of sale, gilt and usufructuary mortgage, respectively , of rransrcrs nT immovable immovable properly shall. in [he case of instruments affecting PruPerlY, immovable property situated in [he Calcutta Municipality and ex-

ecuted on or after the commencement of this ~ c t ' be increased by two

per cenrrrnl on the value of the propeny so situated, or (in the case of ;in usufruc~uary mortgage) on tho amount secured by the instrument, ;is set forth in the instrument.

(2) For the purposes of [his scc~ion, section 27 of [he said Indian Stamp Acr. 1899, shall be read as i f it specifically required the parriculars referred to [herein to beset forth separalely in respect of-

(o) property situated in [he Ciilcuua Municipality, and (bJ property situated outside the Calculla Municipality, re-

speclively. (3) For the purposes of this section. section 64 of the said Indian

Stamp Act, 1 899, shall be read as if it referred to the Board as well as the Government.

' ~ r r loui-now 3 on pngc 359. rrrlre.

2 ~ v c ~ i o n K 2 was cx~cndcd lo Lsrcrn Hcniiil by thc Bcngal Laws Acl, 1914 (Ren. Aci I uf 1914). s. 3, Sch. I.

3i.c. the 2nd January. 19 12 .ree norihcation No. 1 148, da~cd thc 30th Ocrabcr. 191 1.

Tlie Culcurra br~provclnrrtt Act, 191 1.

(4) All collections resulting from the said increase shall, after

7. deducling incidental expenses ( i f any), be paid to the Board at such time as may be prescribed by rule made under section 86.

Tel-tninnl Tar or1 Pnsstv~gurs.

83. (11 Every passcnger brought to or taken from any station in Tcminal rhe Calcutta Municipali~y or ~ h e H o w r a h Municipality by railway, and 0"

passcngcrs every passenger brought to or taken from any landing place in the by railway

or inland porr of CaIcutta, within '(eighl kilornetres] from Gnvernrnent House, by inland sleam-vessel, vessel.

shall pay a tax of2[three nnye paisc] in respect of each journey so made by him :


fa) the said tax shall not be payable by any passenger brought from, OF taken to, any place situated within a radius OF 3[for~y-eight kilornetres] from Government House ;

(h) r he d[State Government] may, by notitication, either-

i $* * reduce thesaid radius to any distance less than '[forty- eight kilomelres]. in its application either to passengers generally or to passengers of any specified class, or

( i i ) 5* * * * * cancel pmviso (a), or

(iii) reduce the said tax to any lower rate, either in respect of passengers generally or in respect aF passengers making frequent journeys ;

(c) the said tax may, in thecase ofpassengers taking suburban season ~ickets. be calcula[ed aL the rate uf '[thirly-seven [laye paisel per mensern for each such ticket, nr at such lower rate as the ate Government] nlny prescribe by norification.

'~ubs~itutcd (or the words "fivc milcs" by s. ?(n) u i thc Calcutta lrnprovcnieni (Amendmcn~) Act, 1961 (Wcsr Ucn, Act XX ur 1961).

'~ubs~itulcd Tor rhc word "lialr manna" by s. 2161, ibid

3~ubstirutcd Tor the words "thirty miles" by s. 2(c)it), il)irI.

'Set fool-nok 2 on pagc 303, n~l f e .

5 ~ h c words " w i h rhc prcvinus si~nrrion or thc Gnvcrnmcni uT Ind i i ' wcrc omi~red by tlic Devolurion Act. 1920 (XXXVIII of 1920).

bSubsritured for illc wurds "six annaq" by s. ?(c)(ii) OF dlc Calcutta Improvumcnt (Amcndmcnr) Acr, 1961 ( W c s ~ Hso. Act XX of 1961).

The Calcrrrtn lt~rproven!ctlf Act, 191 1.

[Ben. Act V

(2) The said tax shall becollected by means of a surchargeon fares,

*, by he adrninistralion of (he railway, or the owner of the vessel, by which [he passengers are carried, and shall be paid to the Board at such Lime asmay be prescribed by rulc made undersecrion 86, after making such deduction as the ' [~ la rc Government] may approve to meet any expenses incurred in connec~ion with the collection of the tax.

(3) The owner of every inland steam-vessel referred to in sub- seclion ( I ) shall prepare and deliver, or cause to be prepared and delivered, to the Chairman, each quarter, a relurn in the form prescribed by rule made under sect ion 86, of all passengers, carried by such vessel, by whom the lax imposed by [hat sub-seclion is payable; and shall subscribe. at \he Foot of such re[urn,adeclaration of the truth [hereof.

(4) Every such return shall be delivered ro the Chairman or pos~ed to his address wilhin tifieen working days, or at most within thirty

days, afier the end of the quarter to which i~ relates.

Exp1arrarian.-The expression "working day" as used in this

sub-section, means every day except a public holiday as defined in section 25 OF the Negotiable Instruments Act, 1881. xxvt of

188 1 .

(5) If this Act is direcled to come into force during a quarter, the first of [he said rerurns shall be made for the unexpired portion OF t h a ~ quarter.

(6) The expression "adminis~ration" and the expressions "owner" and "inland steam-vessel" as used in this secdon, have the same meanings as in the Indian Railways Act, 1890, and the Indian Stcam- Ix or IB90.

vessels Act, 2[ 19 171, respec~ively. I OF 1917.

' (7) After the commencement of "[[he Constitution], a lax on passengers by railway shall only be leviable under this section if i t 5[was lawfully levied] immediately before that date. and shall only be leviable until provision to the contrary is made by '[Parliamentl.

q h c s c figures werc suhs~i~u~rd tor ~ h c figurcs "1884" by s. 2 wd ~ h c Lrs i Sch. or lhe Bcngat Rrpraling and Arnending Acl. 1938 (Ben. A n I of 19391.

J~ub-scc~ion (7) was inscncd by para. 3 and Sch. I V lo ~ h c Govcmmeni or India (Adaprnrion o i Indian Lawc) Ordcr, 1937.

'Thrsc wurds wcre substiru!td lor ihc words and figures "Parr It1 or thc Covcrnmeni o f India Act. 1935" by pmgraph 3 of, and Ihr Elcvcn~li Schedulc to.

thc Adaprnlion or L i w s Ordcr. 1950. qhesc words wrrc subsriiu~ed for thc words " r v s Icvicd". ;bid. q h i s word wns subsrituied Tar rhc wurds " ~ h c Ccniral Legisla~um~', ibid

T f ~ c Calcrrrrrr Irnproverner~~ Act, 191 1. 363

C~utor~rs Ditty on Jrrru.

84. ( I ) A customs duty shall be levied and collec[ed on all jure exporled by sea l 'ro~n the Port of Calculta to any other porr. whether beyond or wilhin India, at such rile, not exceeding,-

(a ) in the casc of raw jure (including jutc cuttings and rejec- tions), '[twelve naye paise per balc of one hundred and eighty kilograms], and

( b ) in the-case of mnnufacturcd jule. 2[seven~y-five naye paise per metric Ionne of one thnusand kilogranisl,

as the J[State Government] may prescribe by notiticarion : Prnvidrd that the said dury shall not be levicd or cullected in

respcct of jute, wherher raw or manufactured, exported under any con~ract which was made before I he fifreen~h day of August, I9 I 1 , and the cxisrence of which was established to thc satisradion af the Cusroms Collec~or before the tiftcenth day o f September, 191 1.

(2) At the close of each quarrer, or 3s soon ~hereal'ler as ]nay hc convenienl, [he duty col lecred under sub-sectiun (I) shall. after deducting the expenses of collecriun (i i any), be paid by !he Cus~orns Collector to the Board.

4 (3) After the commencement of 5[the Consri~urion] a duly shall only be leviable under rhis secrion if it 'lwns lawfully levied] immedia te1 y before that dare, and shall unl y be leviable until provision to the conlrary is made by '[~arliament].

X X X ~ I of 85. Section 5 ol'lhe Indian Tariff Act, '[1934], shiill no[ apply 1934. to jute (whcther raw or manufacrured) passing by land out of Calculta.

P 86. ( 1 ) ~ h c ' [ ~ ~ a i e ~ovcrnment] may make rules forciirrying out the purposes of this Chaplcr.

'~ubsi i~ured fur thc words '.twu dnnm I)cr balc u l lour hunilred pounds" by s. 3 ( ~ ) of the Calculta Improvement [A~~~cndmcnt ) Act, 1961 IWes1 Rcn, Acl XX or 1961).

2Suhsrir~~cd r ~ r ~hl: wcrds '.I\YCIVC annas pur ton uC ~ w o thousand tun hundred and rorly Pounds" hy s. 3(6). il)icl,

-'.'ice foor-nutr: 2 on pagc 303. cirlrr. 4Suh-sccriun ( 3 ) wa< inscncd by para. 7 and Sch. I V to thc Guvcrnlncnl or India

(Adaplnlinn of Indian L a \ v h ) Ordcr. 1937.

' . ~ t ~ c Ibol-norr: 4 on p;igc 362. nrlrc. 'See foot-norc 5 on pdgz 3h2, nrlrc. ' S C ~ Coot-now h on pagc 311. (rr~rt~.

&Thcsc ligurrs wcrc si~bslilurcd for IIIC 1igurr.s " I 1141" hy s. ? and tlir! Rrsr Sch. or rht Bcngal Repealing and Alncnding Acr. 193s (Bcn. ACI I of 1939).

Cuslolns dury on cxporls c d julc from C ~ l ~ u i 1 3 by C t 3 .

Scc~ion 5 uC thc Indian Tatif( Acl. 1934, nnL to ;1pply to julz.

Powur to Stnlc Gnvcrn- nicm tn niaku rules.

' ~ c c ~ i v n 86. in sn Car a< i t arrccrs scuiiun 32. was cxlcndcd to Ea~lcrn B e n g ~ l by rhc Bengal Laws hcr, 1914 (Dm. Act I uf 1914). s. 3. Srh. 1.

Punishmrni for c l r r c c n c ~ ~ .

Tile Culcrttru hnpruve~nurtr Acr, I Y I 1 . I

[Ben. Act V 1

( 2 ) In particular, and without prejudice to the gencrdlity or rhe foregoing power. the '[state Government] may make rules-

(a ) for regulating rhe colleclion of taxes imposed by this chapter, and the payment thereof to [hc Board ;

b for prescribing rhe form the reurn required by seciion 83, sub-section (3). and the paniculurs to becontained therein, and the manner in which the same i s to be verified.

'MA. The State Government may, br the efficient administration of this Act or far such other reasons as il thinks fir, issue. from time ta time. directions, not inconsistent with the provisions O F (his Act. to the Board and the Board shall carry out such directions.

87. Thc offences mentinned in column 1 uf thc following table shall be punishahlc tn the extent menlipned in column 2 thcrcofwith reference to such orfenccs. respectively :-

- -

CIIAPTER VI

1

(I) Omitring to make any relurn required by section 83. sub-section (31, or, refusing to sign or complelc the same.

(2) Making and delivering any such return conmining any sraternent not true lo rhe best u l the information and belief of [he person making rhe same.

(3) Otherwise contravening any rule made undcr sccrion 86.

Finance.

.- - 2

Fine not exceeding one thousand rupces.

Thepenally providedinthe lndian Penal Code, section 199 for makinga falsessra~e- mcnr in a declaration.

Finc not exceeding five hundred rupees.

88. [Contribrtfiorlsfio~~~ M~rn~icipul F i i t ~ d s - I S. 2 1 of 1 1 1 ~ C(~l<:f~ll~: ~ ~ I I ~ I ' O I ' E I ~ I L ' I I ~ (Attletrdtrlrrrt) Act, 1983 (Wesf Ben. Al.r XLiI of 1983).

Acr XLV o l 1860.

' ~ r r ' for)(-nnlr: 2 on pagc 303. rurfc.

'~rcl ion ShA wxs iinlcrlcd by s . 20 of the Calculli~ Improvemcnl (An~cndmenr) ACI. 19H3 (Wesl Bcn. ACI XLll nf 198183).

Tfte Cu1crr;ta I ~ ~ l p r o v e n ~ c ~ ~ r Acr, 191 1

7: 89. The Board may from time to time barrow, at such rate of Power ol

Bonrd ro interest, and for such period, and upon such terms, as to the time and borro,v method of repaymen~ and otherwise, as the '[state Governmenr] [nay munsy.

approve, any sum necessary for the purpose of- (0) meeting expenditure dcbitable lo [he capital accuunl

under section 133. or

(b) repaying any loan previously laken undcr this Act : 2* * * * X *

YO. [Mnrlrler n11d ti~rlu of bor-rowirrg r~~urrey.]-Rcp. by 111c DCVO- Irtrion Acr, 1920 (XXXVI I I of 1920.)

Y 1. Wherever the borrowing of any sum has bcen approved under Loans rrum

section 89, rhe Board may, instead of borrowing such sum or any part Banks.

thereof from \he public, 3* * * take credi~ from any Bank, on a cash account to be k e p ~ in the name of the Board. to thecxrenr of such sum or pan ;

and, with the previous sanccion of the '[state Government] m a y grant mortgages oF all or any propcrty vcsrcd i n the Board by way of securing thcpaymenr of the amount of such credit-or of the sums from time to time advanced on such cash account with interest.

92. When any sum of money has been borrowed under section 89 Diversion or or secrion 91 for thc purpose of meeting particular expendime or

repaying a par~icular loan, no portion thereof shall be applied to any money to

other purpose wirhnut the previous sanction of the ' [Sme Govern- ~ ~ ~ ~ ~ ~ ~ ~ , , menl]. rhuse hrs~

approved.

93. ( 1 ) Whenever~noney is borrowed by the Board un debentures. Form.

[he debentures shall be in such form us [he Board, wilh previuus ~ ~ ~ ~ ~ & ' a s a ~ ~ c t i o n of [he ' [~ la le Governrnenll, may from time tu lime deter- in~nsfrr :~nd

mine. c(lcc1 or dcbcnlurrs.

(2) All deben~ures shall be signed by the Chairman and one nther Trustee.

(3) The holder of any debenture i n any form prescribed under sub-section (I) may obtain in exchange therel'or, upon such terms as the Board ~ n n y from time lo lime detemiine, a debenwre in any other form so prescribed.

'SPP loor-nok 2 on pngc 303. ~urfc.

2 ~ ~ l c proviso wits m i t t c d by para. 3 and Scl~ . IV to l l ~ e Governmen1 uT India (Adap~atiun oC Indian Laws) Order. 1937.

9 h c words and hgurcs "bur subjccr to any difr.c~iclo given by lht: Pruvinci;tl Govrrnnicn~ ulidcr sccrivn 90'' wcrc rcpcalcd by 5 .3 and the Srcund Sch. ulthc Bcngal Rcpcalitig and Amending ACI. 1438 {Hen. Act 1 of 1939).

The C(rlcrr~tu htlpl-ovct~~et~t Acr, 191 1.

(4) Every debenlure issued by the Board shalt br rransfcrable by endorsement, unless some other mode of ~ransfer be prescribed

4 therein.

(5) The righr to sue in respect of moneys secured by debentures issued by the Board' shall vest in the respcctivc holders OF lhe debenlures for rhe time being, without any preference by reason of some of such debenrurcs being privr in dale to others.

I

[Ben. Act V

Sig11a1ur~' or ccupons altachrd tu debmturvs.

Payments lo survivors oC joint payees.

Receipt by join1 lloldcr Tor intcrcs~ or dividend.

Priori~y nT pay mrn l s for intcrcs~ and rcpnymcnl or loans.

Repiiyrncnl or loans taken undcr scction 89,

94. A11 coupons at~ached to debentures issued under this Act shall bear Ihc signature of [he Chairman; and such signamre may be . , . . . . .

, - ,

engraved. lithographed or impressed by any mechanical process. . . . . . . .

95. When any debenlurc or security issued under this Act is payablc to two or more persons join~ly, and eilher or any of [hem dies, I

thcn, norwirhs~;indin~ anytliing in section 45 o f the Indian Cnnrract I X or 1812.

Act. 1872. the debenlurc or security shall be payable to [he survivor or survivors of such pcrsans : I

Provided lha1 nothing in ~ h c scction shall affect any claim by the reprcscnrative of a deceased person agai nsl such survivor or surviv~rs.

96. Where two or Inore persons are joint holders of any dcbrn~ure or securily issued under lhis Acl, any one of such persons may give an effectual receipt forany interest or dividend payable in respect of such debenlure or securily, unless notice to the contrary has been given LO

the Board by ally olhcr ol'sbch persons.

97. All payments due from the Board for interesl on, or ~ h c repayment of. loans, shall be made in priority to all other payments due from the Board.

98. Every loan taken by r11c Board undcr secrion 89shall be repaid within the period iipprt~~etl by ~ h c '[State govern men^] under lhat section, and, subject, to the provisions ofseciion 125, sub-seclion (2). by such of the rollowing methods as may be so approved, namely:-

(n ) from a sinking fund estabtishcd underseclion 99 in respect of the loan. or

( b ) by paying equal yearly or half-yearly instalments of principal, or of principal and inlerest, throughout [he said period, or

(c ) if the Board havc, before borrowing money on debenrurcs, reserved, by public notice, a power lo pay off [he loan by periodical instalments and to select by lot the parricular debentures to be discharged ar pnrticularperiods-[hen by paying such instalments at such periods, or

( d ) from money borrowed for thc purpose under s r c r i ~ n 89, clause (h), or

(e) partly from the sinking fund established under section 99 in respect ofthe loan. and partly from muney borrowed for the purpose under section 89, clause (b).

99. (I) Whenever the '[Slate Government] havc approved [he repayment of a loan [rum a sinking fund the Board shall establish sucli a fund and shall pay into it in cvery year, until the loan is repilid. a sutn so calculated that, iFregu larly paid throughnu t [he period approved by the '[State Govcmmentl under section 89, i t would, with accumuln- tions in the way aFcompuund inleres~, be sufficient, ahcr payment of all expenses, to pay nl'f the loan at the end of that period.

(2) The rate of inrerest on rhe basis of which [he sum referred lo in sub-section ( I ) shall be calculated shall be such as may be prescribed by the '[slate Governmenl].

100. No~wilhstanding anything containcd in section 99 if at any time the sum slanding at crcdit of [he sinking fund established for thc repaymenl of any lonn, is of such amount that, iF allowed ro accumulale at the rate of interest prescribed under sub-section (2) of that section, it will be suftlcient to repay thc loan at the end of the period approved by the '[Srare Government] under sectivn 89, then, with the permission of the '[state Governmen[], further annual payments inro such fund may be discontinued.

101. (1 ) All money paid into any sinking fui id shall as soon as possible be invested. under thc orders of [he Bnard, in-

l o ) Government securirics, or ( b ) securiliesgi~aratireed '[by thecentral or any S~ateGovern-

men[], or (c) Calcutta Municipal debenrures, or

Eslablisll- men1 and ~naintcn- ancc of sinking runds.

Pomer ro disconrinuc I paymenrs ! inlo sinking fund.

Invr~tmcni or sinking runds.

' ~ c c Cool-nolc 1 un page 303, orlre.

?he words "hy thc Ccnlral ur any Provincial Cuvcmn~cn~" rvcrc nriginnlly subs~i~uted ror rht words "by the Govcrnn~cnt" by para. 3 and Sch. I V ru lhc Govcrnmen~ or India (Adapralion uf Indian Laws) Ordcr. 1937. 31id I h r r ~ i ~ r ~ c r lhc word "Sratc" was subsri~urcd I v r ~ h c word "Provincial" by paragraph 411) of 1l1c Adnptarinn of L;iws Ordcr, 1950.

The Ccrlcrrrro I~)rprove~net~r Act, 191 1.

[Ben. Act V i

Applicakinn of sinking runds.

Annual slnrcmenrs by lruslees.

Annual cxa~nina- liun or s inking Cunds.

( d ) debentures issucd by the Commissioners for the Port of Calcutta, or

( e ) debentures issued by the Board, in rhe join1 names of the Secre~ary to the Govcrnment of 'west

Bcngal ] in the Financial Department and r hc Accountant-General of '[West Ben@], to be held by them as trustees for the purpose of repaying from time to time [he debentures issued by [he Board.

(2) All dividends and othcr sunis received in respect of any such investment shall, as suull.as possible afier receipt, be paid inra the appropriate sinking fund and invesled in the manner prescribed, by sub-secrion (I).

(3) Any investment made under [his sccrion may from lime lo timc, subject to the provisiuns of sub-scclion ( I ) , be varied or transposed.

102. The aforesaid trustees may lrom iime to time apply any sinking t ind, or nny pan thereof, in or towards the discharge of the loan or any par^ of the loan for which such fund was established ; and until such lonn is wholly dischargcd shall not apply the same for any other purpose.

103. ( I ) The aforesaid trustees shall. ar the end of every financial year. lrans~nit to thc Cha i rmn a statement showing-

( n ) the amount which has been invested during the year under section 101.

(b ) the dale of the last investment made previous to the transmission OF the statement,

{c) the aggrcgale amount of [he securilies held by them, (R) the aggregate amount which has, up ro the date of the

sralcrnent. been applied under section 102 in or towards rcpaying loans, and

(e) the aggregate amount already paid into each sinking fund. (2) Every such statement shall be laid before [he Board and

published by noti Fication.

104. (I) The said sinking funds shall be subjecr to annual exami- nation by the Accountant-Gencral, ' v e s t Bengal] who shall asccrlain wherher hec cash and thccurrent value of the.rrcuri[ies atcredilof such runrls arc actually equal to the amount which would have accumulated had invcstmenw been regularly made and had the rate of inlerest as originally cstimaied bccn obtained therefrom.

-

'The words "We\( Brngal" wcrc substilurcd lor tllc wnrd "Rengal" by para~rapli (2) ui aniclc 3 or tht: India11 Indcprndrncc (Adapra~ion o r Bengal md Punjah Acir) Ordcr. 1918,

Tlre Colcrrrrn I~ttprovert~errr Acr, 1911.

of 191 1 .]

(Choptcr VIP-Fi'i l~nt~ce.Sectio~i 105.)

(2) The Board shall forthwi~h pay into any sinking fund any amount which the Accountant-General may cerrify lo be deficienr, unless the ' [~ra le Government1 specially sanction a gradual readjust- ment :

2~rovided that if~hecurrenl valueoFthc sccurilies in aIl thesinking funds togelher isequal tu the amount merlrioned in sub-section (I), the deficit in any panicular sinking f'und shall not be cerlified by the Account nncGenera1.

105. 1 1 ) If the Board Bil- Pruccd urc i f Board rail

( ~ 1 ) 10 pay any inleresl due in respec1 of any loan laken in lo rnakc

pursuance of section 89, or any payrncnl or . . invcstmenl

(b ) to make any payment prescribed by scction 98, section 99 in rtspcr

or sub-seclion (2) of scction 104, or o i loxns.

(c) tu makc any invest men^ prescribcd by seclion 101,

the Accountanr-General of 3west Bengal] shall make such payment or set aside and inves~ such sum as ought to have been invested under the said section 1 0 1 , as the case may be ;

and the d[Commissioncr of the Corporation] shall forthwith pay from the Municipal Funds lo he said Accountant-General a sum equivalent to the sum so paid or invesrcd by him ;

?his prnviso was added by s. 5 1 or rhc Cnlcutla [nlprovzmenr (Amcndrncnl) Acl. 1955 (Wcsl Bcn. ACI XXXl l uf 1955).

dThc words "Enccuiivz Officcr nr rhr Corporation-' in sub-scciions 11J and (2) wcn: originally substirutcd Cor thc wnrds "Chairman o i l h e Curporalion" hy s. 2 and thc Firsr Sch. or llic Rengal Rcprilling and Amending Act, I938 (Bun. Act I nf 1939). and ~hcruafier rhc word "Chairnun" in rhc said sub-scclions was subslirulcd Tor ~ h c words "Exccuiive Olficcr" hy s. 52 I l ) f n ) and 52[2)(n), rcspcckivcly. OF rhc Calcurin Improvement Ol~nendrncn~) Act. 1955 hy s. 52(1)tu) (iVes1 Bvn. Act XXXl I or 1955)-

Proccdurc i C Chairman or Corpur;\lion fails ta make any paymcnr due lu Board or Accoun- tant- General.

Tlie Cttlcu~tu Itrrpr*ovc~net~ I Acr, 191 1. I I

[Ben. Act V I

and the '[State Governmenl] may attach the rents and olherincome of [he Board ; and thereupon [he provisions af *[sub-sec~ion (2) of I : . scclion 152, of the Calcutta Municipal Acr, 195 I], shall. with all Wcst Rcn.

I :

necessary modifications, be dcemcd to apply. AcI XXXI I I u f 1951

(2) Whenever [he 3[~ommissioner of the Corporalion] has made any paymenl to the Accounranl-General under sub-section ( I ) , the '[State Govemmenr] shall reimburse the Corporation out of the rents and incnme attached under thar sub-scctinn, and if such rents and incnme prove insufficient for that purpose the Corporation may, with ihe prey ivus sanction 01' thc '[state Government] increase rhe maximum aurhorized by 4[scction I65 of the Calcutta Municipal Act, 195 11, lu such exlenl as may be necessary fur the purpose of making up the deficiency :

Provided ~ha l no such incrcase shall be made, unless the taxes imposed by seclions 83 and 84 are levied at the maximum rates respectively prescribed by t hosc sections.

1106. If the 5[~ommissionerof the Corporation] fails to make any paymenl as required by sec~ion 88 or seclion 105, rhe tare Government] may attach !he Municipal Funds or any of them ;

and thereupon the provisions of '[sub-seclion (2) of section 152 of the Calcutla Municipal Act, 19511, shall, with all necessary modi hcalions, be deemed to apply, and the '[state Government] may

'SPC fool-no~c 2 on pagc 303, orlrc.

' ~ h r : words, hrackcls and ligurcs "sub-srctton (2) nT scclion 1 18 or the Calcurra Municipal Act 1923" i n sccrions 105f l ) and lOh wpm originally substilutcd for thc wnrds, hrackcls and figurcs "sub-ssciiun (2) of sdc~ion 14 lor ihc Cnlculta Municipal Act, 1899" hy s, 2 and rhc firs1 Sch. or rhe Rcngal Rcpcaling and Amending Acr, 1938 (Hun. ACL I or 1939). md rhurval~vr rhc trurds and iigurcs "sccrion 152 oCthc Calculln Miinicipal Acl. 195 1 " tvcrc substilurcd for thc words and figurcs "secrion I IS o f thc Cillcula Municipal ACI, 1923" by s. 52f I ) (b ) ant! 53(2), rcspccrivtly. of ihe Calcurra Impruvemrnl (Ar\imdnlrni) Aci. I955 (Wcsl Ben. Act X X X l I or 1955).

' S C ~ ruot-nott J on pagc 369. arlrc

C ~ u b s i i i u i r ~ for ~ i i c words and figures "srcrion 124 o f ~ l ~ c Calculla Municipal Act. 192.1" by 5. 52 ( 2 ) f I ~ ) of ~llc Calcu~ta [mpror-emen1 (Amcndmcnt) Act, 1955 (WCSI Ben. Act XXXl l or 1955).

?he wurds "Execuliue OChccr of lllc Corporalion'. in thc two placcs in seclion 106 and i n srcliuns 107 i!nd I I 1 werc onginally subsiirulcd lor the words "Chairman or thc Curporalion" by s. 2 ;md the Firs1 Sch. or ihc Bcngal Repealing and Amending hc l , 1938 (Dcn. Act I of 1939). and thrrraCtcr ihc word "Commissiunei' was substilurcd for rhc words "Exccurivc Oflicri' by 5s. 53(1). 54 and 55; rcspccrively, of rhc Calculla lniprovcrncnl (Amcndrncnl) Act. 1955 (West Rcngal Acr XXXII 01 1955).

funher require the Corporalion ro increase he maximum au~horized by '[sect ion 165 of that Act], to such extertl as may be necessary for the purpose of making such payment :

Provided thar no sucl~ increase shall be made. in consequence of any fiilure of the '[Commissioner o f the Corporalion] to make any payment as required by seclion 105, unless the taxes imposed by sections 83 and 84 are levied :I[ he maximum rates respectively prescribed by those scclions.

107. All moneys paid by the 2[~omn~issiuner or lhe Corponlionl zcr:S;:- under sub-section (I) of section 105 and nor reimbursed by the3[s1ate tion 10s 10 Government] under sub-sec~ion (2) of that sccrion, and all moneys :; :ch;;: payable under sub-secrion ( I ) of section 105 and.levied under section pcny [hc 106, shall constitute n charge upon the property of the Board. Board.

Bi td~c t Es~ir)rrr~~.s .

108. (I)The Chairman shall, i l r i~ special meeting to be held in [he ~ & ~ l L : ~

month of February in each year. lay before rhe Board an estimare of cxpcndirurc

the income and expenditure ofthe Board for the next ensuing financial ::::$ year. before iht:

Board. (2) Every such estimaleshall make provision forrhedueful tilrnent

of all the liabililies of the Board i ~ n d for the efficient administration of lhis Act.

(3) Every such estimate shall differentiale capiral and revenue funds, and shall be prepared in such farm, and shall contain such details. as the 3[~la te Government] ar the Board may from rime to time direct.

(4) Every such esrimate shall be comple~ed and printed, and a copy thereof sent, by post or otherwise, to each Trustee, at least ten clear days before the dateof [he meeting at which the estimate is to be laid before the Board.

109. The Board shall consider every eslimale so laid before them, smc[ion or and shall saicrion [he same, eilher without ;rlteriltion or wilh such Board 10

cslimarcs. alreralions as they may think Fit.

h he word and 6guies "srcrion 124" rvurc originally 5nh~tilutcd for ~ l lc kvnrd~. brackets. Iclicr m d hgures. "vlnusc (n) or scciion 147". hy c. 2 and the Firct Sch. or Izh Brngal Rupcaling and Amc~ding Aci, 1938 (Rcn. Act 1 o i 1939). Thereilfier the words and figurcs "scciion I65 or il~ar Act'' wcrr: suhsliiu~zd Tur the words i d figures "szciiun I24 or rhc Aci" by s. 53(3) of i l ~ c Calcuiia Irnprovemeni (Amendment) Aci, 1955 ( W c s ~ Bcn. Aci XXXI I or 1955).

3.~cu COOI-~VIL: 2 nn page 303, nt11c.

7 7 1 ~ C ~ I C I I I I ~ f t ~ ~ p r o v e t ~ ~ ~ t ~ t Act, 1911.

Approval 110. ( I ) Every suul~ estimate, as sanclioned by the Board, shall be oi Sla~c submitted to the '[state Government] who may, arany time within rwo mcnl l o months ai'ler receipt of the same,- cs~imarcs.

( 0 ) approve the estimate, or

( b ) disallow the estimare or any porrinn thereof, and rerurn the es t ima~e to the Board for amendment.

(2) IF any es~imibte is so returned lo [he Board. lhey shall forthwi~h procced to amend il, and shall re-submil the esdmate, as amcndcd, to [he ' [State Guvernmenrl, who may then approve it.

Tmns~nis- I1 1. A copy oF every such estimate shall, when approved by the sion or copy or '[Slate Governmentl, be sent by the Board to [he ZICommissioner of es~imatc to rhc Corporation]. Comn~i- ssio~ier oC Corpom-

,!inn,

Spccial provisiuns 112. ( I ) A special meering of [hc Board bc held as soon as may be

ID iilc expedienl after the day appoinled under secti-on 17, sub-secrion (I). firsr csrimarc and the Chairman shall at such special meeting lay before the Board attzr ~ h c an cstimate of the income and expendime of the Board for the portion conslilurio'l of the tinancial year which (In the said day had not expired. uf the Hoard. (2) The provisions of seclion 108, sub-sections (2) to (4), and

sections 109 to 11 1 shall apply to the said eslimate.

SUPPIC- 113. (I) The Board may, at any timeduring the year for which any """'v estirnale has been sanctioned, cause a supplementary eslimale lo bc es~imares.

prcparcd and laid before them at a special meeting.

(2) The provisions of seclion 108, sub-section (3) and (41, and sections 109 to I I I shall apply to every supplementary esli male.

Adhcrcncc 114. ( 1 ) No sum shall be expended by or on bchal f of thc Board lo cs'irnJ1e- unless ~heexpcndi~urc ofthe same is covered by a currcnc budget-grant and rnninic- or can bc me[ by re-appropriation or by drawing on the closing nmcc or balancc. closing halancc. (2 ) The closing balance shall not be reduced below one lakh of

rupccs w i ~ h o u ~ the previous sanction of the '[state Government].

(3) The following items shall beexcepted from the provisions of sub-sections ( I ) and (21, namely.

'5rc rool-nnlu 2 un page 303. nnrc.

'5cr loor-nnrr 5 on page 370, nrlrc.

I [Ben. Act V I

[: . : ' : .: . :. !

The Colc~trru In~provernet;t Act, 19 I I .

(a) re-paymenls of moneys belonging to contractors, or other persons and held in deposit, and of moneys collected by, or credited to, the Board by mistake :

(A) payments due under a decree or order of a court passed against [he Baard or against the Chairman ex-oflcio, or under an award of the Tribunal ;

(c) sums payable under a compromise ofany suit or other legal proceeding or clainl effected under section 154 ;

(d) sums payable under this Act by way of compensation ; and ( e ) payments required to meet some pressing emergency.

(4) Whenrever any sum exceeding five ' thousand rupees is expended under clause (cl of sub-section (3), the Chairman shall forth-with report the circums~ances to the '[State Government], and shall at the same time explain how the Board propose to cover rhe expenditure.

115. All moneys payable to the Board shall be received by he Rcccipr of Chairman. and shall fonhwith be paid into the '[imperial Bank of

"'O~~~~osir India] '[or any other bank approved by thc Board with'the sanction of in Imperial [he Snte Government] to the credit of an accounr which shall be sly led "The Account of [he Trustees for [he Improvement of Calcutta.".

116. (1) Surplus moneys a t the credit of the said account may from Invcslmenr

time to time be- of surpluc moncy.

(a) deposited at interest in the 2[tmperial Bank of India] or in any olher Bank '* * * approvkl by the '[State Govern- men[] in this behalf, or

(b) invested in any of the securities ordebenlures mentioned in section 101. sub-section (I), of this Act or in section 20 of [he Indian Trusls ACL, 1882.

(2) All such deposits and investments shall be made by the Chairman on behalf of. and with the sanction of, the Board ; and. with the like sanc~ion. [hechairman may at any time wirhdraw any deposit so made, or dispose of any securities, and re-deposit or re-invest [he money so withdrawn or the proceeds of the disposal of such securilizs.

117. ( 1 ) No payment shall be made by the '[Imperial Bank of Payrncnr by

India] 3[or other bank referred to in section 1 151 out of the account ChCqU".

referred LO in section 1 1 5 , except upon a cheque. -

'see foot-note 2 on page 303. nrlfe. hest st: words werc s u b s r i ~ u ~ d [or rhr words "Bank or Bcng?l" by s. 2 m d the

Firsr Sch. or rhe Rengal Rcpmling and Amending Acr. 1936 (Bcn. Acl ! or 1939). 'lnsc~cd by s. 56 o i the Calculra lnlprovcmenr amend men^) Acr. 1355 (Wcsl

Rcn. Act XXXll or 1955), ?hc words "in Calcutra" were omi l~cd by s. 57, &id.

Si:n;lrl~r' ol' 0rdcr.c : ~ n d C ~ C L ~ L I C C .

Tlic C(tlctrrrf~ I~,~ryrovo~errr Acr, 191 1. I I

[Ben. Act V I

(Clirrprer- V1.-Fi~rntrcc.Secriw~s 118. I 1 9.)

(2) Payment ofnny sum duc by theBoardcxceeding one hundred rupees in amount shall be innde by means of a cheque, and not in any u~her. way.

'118. ( 1 ) All orders for making any Jeposii, investment, wirh- drnwul or disl>osal undcr section 116, and all cheques referred ro in sec~ior~ 1 17. For any amount no1 excccding rupees tbur lakhs shall be s i ~ n e d -

(n) by thc Financial Adviser and Chief Accounts Officer and the Pci.sonne1 OthL'icsr of (he Boilrd, or

( 1 ) ) in tlic cvenr of illness or for occasional absence from Calcutta of tllc Financiill Adviser and Chief Accounts Ot'iiczr or llie Pcrsonnel Of~iccr, by the Personnel Officer or lhe Fin;incinl Adviser rind Chief Accounls Officer, as the u;lsc may be :uid by ihe Sccraary ro the Board.

( 2 All orders for making any deposir, investment, withdrawal or disposal tinder section 1 16. and all cheques rcferredto in seclion 117, E11r m y :uuounl excccding rupecs four lakhs shall be signed--

(cr) by the CIiairnian and the Secrcraiy lo the Board, or

(b ) i n [lie rvcnl of illncss or for occasional absence from Cnlcurra of tlie Cliairman or tl~c Secretary to [he Board, by the Seciciil~~y to ~ h c Roard or tlie Chairman. as the casc may be and by the Financial Adviser and Chlet' Accounrs Officer of the Board.

6.~~1lo1rrrtio1r.-"Financial Adviser and Chief Accounts Officei' illid "Personnel OfRccr" shall mcan respectively the Financial Ad\.iser and Chief Accounls OFficcr and the Pcrsonnel Officer ;ippoilllcrl undcr this Act and the rules made thereunder.

119. Bcfore the Cl~nirman 2[or Ihe Secretary to the Board or the Fii>;lncial Adviser and Chief Accounts OfFiccr OF the Board or the Pcl.sonnel Officer of rhe Buard] signs a chequc under section 1 18, he must s;rrist'y llimself that [he sum forwhich such cheque is drawn either i s ~ .cc~~~i red fnr a purposc or work spccilil-ally sanctioncd by the Board or is a n iretrl 01' one of thc excepted dcscriptions specified in seclion

1 13, sub-seclion (3).

''I'II: \i.urJs ru i~ l~ in squarc b r ; ~ c k t ~ s wcre subsrilulcd Cwr rhe words "or any other Trrlslce o r 111c Stcrelar). lo the Board" hy s. 13, ilrirl.

The Calctrfta Imnproveriiei~r Acr. 191 1. I [Ben. Act V I

I , (c) the proceeds of the sale of any land vested in the Board i

I * * * * !

(eJ the proceeds of the sale of any movable property (including securities for money invested from the capital account) belonging to he Board ;

( I ) all lump sums received from 3[any Government] in aid of the capital account ;

(g) a l lpwt~ t iu received by the Board in connection with leases 4 * * * *

( I r ) all sums ( i f any) which the '[state Government) directs, under seclion 125, sub-secrion (2), to be credited to the capital account; and

( i ) allm~neysresultingfromthesaleofs~curitiesb~direction of the '[State Government] under section 1 26.

Application 123. The moneys credited to the capilal account shall be held by ofcapital th~Boardintnrst,andshaltbeapp~ied~o-- accounl.

(a ) meeting all cosrs of framing and executing improvemenl . schemesb* * *

(b ) meeting the cost of acquiring land for carrying At any of the purposes of this Act ;

(c) meeting the cost of conslrucling buildings required for carrying out any of the purposes of this Act ;

\ (d) lhe repayment of loans from money borrowed in pursuance of seclion 89, clause (b) ;

(e) making payments in pursuance of section 149, otherwise than for interest or for expenses of maintenance or work- i ng;

'Thc words "which was purchased oui aT any loan lakcn in pursuance of scction 69 or scction 91 " wcre omilrcd hy s. 6I (1) or h e Calcutta lmpmvemenl (Arncndmcnl) Acl, 1955 I\Vcst Ben. Acr XXXI[ 01 1955).

Vhcsc words wcrz idbsritured Tor ~hr: words "thc Government" by p a n . 3 and Sch. I V to thc Governmcnr or India (Adapia~ion of Indian Laws) Ordcr,. 1937.

q h c words "for m y l e n exceeding fody ycars" wen: ornirrcd by 5 . 61(3) of the Calculla Improvcmcnt (Amendn~cni) Act. 1955 (WE\ Ben. Acl XXXU of 1955).

'SEE toot-note z on page 303, un~c.

?hc words "and rc-housing schemrs" were omitted by s. 62 or lhc Calculra lrnprovcmrnt (Arnendn~cnr) Acr. 1955 (Wcsr Ben. Act XXXIi of 1955).

(Chapter V I . - F i n a r ~ c e . S e c t i u ~ ~ . ~ ~ 124. 125.)

) making, or contrbuting towards the cost of making, surveys, in pursuance of sec~ion 167 ;

(g) meeting such proportion oft he cost of management as the Board may, w i ~ h the sanction of the '[state Government], prescribe in this behalf ; and

(11) [emporarily making good the deficit (if any) in the revenue account at the end of any financial year.

124. There shall be credited to the revenue accounl- Crcdirs to

(a) all interesrs received in pursuance of '[sec[ions 78.78G or 791 ;

( b ) all proceeds received by the Board of taxes imposed by Chapter V ;

(c) all sums contributed from Municipal Funds which are received by he Board under section 88 ;

Id) all 3* damages ** * received by the Board under section '[I621 ;

(e) all annually recurring sums k e i v e d from the Government in aid of the funds OF the Board ;

'(f) all receipts from lease of playgrounds, swimming pools, athlelic tracks and stadiums and From sale of tickets for admission thereto ;

(g) all rents of Iand vested in the Board ; and (11) all other receipts by the Board which are not required by

section 122 to be credited ro the capiraI account.

125. ( I ) The moneys crediled to the revenue account shall be held Application by the Board in trust, and shall be applied t* of rcvcnuc

account. (a ) meeting all charges for inlerest and sinking fund due on

account of any loan taken in pursuance of section 89, clause (a), or section 91, and all other charges incurred in connection wirh such loans;

' ~ h e s e words. letcer and figures wcrc subskiluted lor the words and figures "scclion 78 or section 79" by s. 12 of rhc Calcuira Improvrmrnt (Amcndmcnt) Act, 193 1 (Ben. Act V l I I of 1931).

3 h c word "fines" was omitrcd by paa. 3 and Sch. 1V to the Govemmenloflndin (Adaptation o f Indian L w s ) Ordcr, 1937.

q h c words "and prwecds o f confiscaiions" were omiltcd. ibid.

%hcse hgurcs wcre subsri~urcd for [he figures "175". ilrid.

b~ubstiiurcd For the rormcr clause by s. 63 or rhc Calcuria Improvemcnl (Amendment) ACI, 1955 (West Ben. ACI XXXII o f 1955).

771e Cci1r:rrrro l ~ ~ i p t - o v e ~ n c ~ ~ r Acr. 191 I . i [Ben. Act V

( b ) paying all sums due From [he Board in respect of rates and raxcs in~posrd under '[the Calcutta Municipal Act, 195 I ] , \V~stflcn, 1

Acl XXXl l l I ' upon land vested in the Board : o f 1451. I

( c ) paying the cost ( i f any) of mainmining a separateestablish- I i men1 for the collec~ion OF rhc rents and other proceeds of land vested in the Board ;

'(ui) paying of cost of holding or participating in conferences or exhibitions relaling to urban improvements ;

3 ( ~ ~ ) paying [he fees prescribed for arbi~rators under section 78D;

. . . ,

1 ) paying all sums which thed[State Government] may direct to be paid to any auditor under section 1 32 ;

( r ) making piiy ments in pursuance of seclion 149, for intcresl or for expelises of maintenance or working ;

(fl paying thecost of ~ i a n n g z ~ n c n r . cxcluding such proporlion thereof as lnny be debited to thc capital account under clause (8) of section 123 ; a t~d

(g) paying all other sums due frnm [he Board, olher [hzln those which arcrcquired by sectinti 123 to bcdisbursed from the capital account.

(2) The surplus ( i f any) remaining afier making thc payments referred lo in sub-section ( I ) shall,

subjccc 10 the rnai~ltenance ol' a closing balance of onc Iiiktt of rupees, and

51unless contributed permanently to lhc capilal account under the direction of the Statc Government or advanccd lo the capital account undcr the provisions 01' section 1271. and

unless the "Starc Go\)ernment] othenvisc dirccls,

be invested. in [he nianner prescribcd in seclifln 101. lowards the service or any loans oulstanding ofrer t l ~ c cxpiry of sixly years horn the commencement of [his Act.

'~uhs~irurcd for thr: words and hguref "the Calv1111;\ Municipal ACI. 1925" hy s , 6d(l )(il o i thc C;~ lc i~~ln I~nprovc~uznt (Amnd~ncnt Aul. 1 g55 (\Vtst Ecn. Acr XXXl l of 1955).

2Clausl: I r i ) was insurtud by s. 6Jll) fiil, ilid

'(:lausc luu) was inscrrrd By s. 13 o r~hc Calculrn Iinprur.emcnr (Arncndn~cnr) ACI. 1'331 (Rcn. Acl Vl l l nf 19.71).

'Srr ruul-now 2 on page 30.3, c l l~~c .

5~i~bsriru~cd Tor the i\ords 'Txccpt as provided in scc~inn 127" by s. 6412) or rhc C:~luulla Inipmrzmcor (Anicndnienl) Acl. 1955 ( W c s ~ Hen. Acr XXXII o f 1955).

The Cnicrr~~n /t~iprnvenretl! ACI. 191 1. 37C)

126. If, at any timc aRer any surplus referrcd to in section 125, P()\wr 1 0 dircci snls

, sub-seciion (2), has been invested, the ' [S~a~eGovc r~~men t ] i s s:t~isl'ied SL.CI1riliZF

that the investmcnt is not needed For the servicc of any loan rdf'eri.~d ill w l l i c l~ ;In>' surplus

to in that sub-section, i t may dil.ec1 [he sale of rhc securities held undcr ll,c the investment. r c v ~ ~ n t ~ c

~~UCOUIII i s i i l v v s i v d .

127. ( 1 ) Notwithstauding enyt l~inz conlaincd in section 175, thc Adv:lnc.cr Fraru

Board may advance any sum standing at thc credit of the rcvcnuc ,,,.,,,,,, account for the purpose OF meeting capilal expeuditure. ;IKOUII~ 10

capital (2) Every such advance 2[shrtll, unless a direction is givcn by [he accounl,

Slate Government under sub-section (2) o f section 125, bo rcfui~ded] to the revenue accounl as soon as may be practicitble.

128. (1) Any dctlcit in the revenue accounl nt the ciid o f any r \ t ~ v a l l c c s rru111 cn~>ilal Financial ycar may be made good by an ndvallcc. froin capi!nl ,,,,,,, ,,

account. ~C\*CIIIIZ :lCCUtInt.

(2) Every such advance shill1 bc rcfunded lo lhe capilal nccounr in the following financial year.

129. The Board shall s u b n ~ i ~ ~n tlic '[State ~ o v i r n m c n t]. at the r n d S"hn'jWiol1 or absrr;\crs

ofeach half o f every linnncial ycnr, at1 abstract ol'thc nccoots ol'thcir ,,I ,,,,,,t,

receipts and expendiiurc.

130. The accounts of the Boaid shall, oncr in eve1.y l inn~icial year, bc examined and audited by sucll auditor as lhe ' Istalc Gave~.nmeiit] may appoint in this behalf.

131. The auditor so appointed may,- (a ) by written summons, rcquire the praduc~ian before hiin of

any document which hc niny consider nccess;Lry for. tlic proper conduct ot' rhc audit ;

(b ) by wriiten summons recluircany person l i a v i ~ ~ g LIIC c~ \ s~u r l j l or control of, or being accountable fur. any sucll douuii icn~ to appear in person bcforc him ; ;\nd

( require any persol1 so appearing befure tlim to mitke aurl sign a declaration wilh I-espcct m any suc l~ docu~~lcll t , to answer any cluesiion, or lo prcpnre ;ulrl submit any s ~ ; I I ~ -

Inellt.

132. The Board sholl pay to t l ~ e said nudito~.auch rcmiincmtioo as the '[state Govenment] may direcl.

'see fool-nolc 2 on pagc 303. ~ l r ! r r , .

2~ubsriiured for ~ h c words "shall Lrc rcrundzd" 1)s s. 65 o i the C;~lculln Improvement (Amendmznr) ACI. 1955 (\Vehr Hc~i. A c l XXXII uC 105.5).

I lcmunrm- lion oC nudilor.

Tl~e Culcrrrra lr~rprovetr~et~~ Act, 191 1.

Repom md 133. The said auditor shall- infdrnmation LO be (a) report to the Board any material irnproprieryor irregularity furnished by auditor

which he may observe in theexpenditure, or in the recovery 10 rhc of moneys due to the Board, or in the accounts, and report Board. the same to the '[state Government],

(b) furnish LO the Board such information as they may from time to time require concerning the progress of his audil; and

(c) within founeen days after !he completion of his audit, forward his repon upon the accounts to the Chairman.

B O ~ to 134. I t shall be the duty of [he Board forthwith to remedy any rcrnedy dcrccts defects or irregularities thar may be pointed out by the auditor. poinlcd out by auditor.

Audilor's 135. The Chairman shall cause the report mentioned in sec~ion =port 10 be scnr to shch 133, clause (c), lo be printed and shall forward a printed copy thereof T ~ s l c c ~d LO each Trustee, and shall bring such report before the Board for considered by Board, consideration at their next meeting.

Publicarion 136. As soon as practicable after the receipt of the said report, [he and w,,,i,- Board shall prepare an abstract of the accounts to which it relates, and sion oT an shall publish such abstracl by notification arid shall send a copy of the abstract of rhc abstract to he 2[Commissioner of the Corporation] and to the '[State accounrs. ~overnmentj.

CHAPTER VTI ,

Rules.

Furlhcr 137. I n addition to the power conferred by section 86, the 2[~tate powers ro sratc Government] may make rules- Govcrn- men1 ror ( 1 ) for regulating elections under '\clauses (cJ and (dl-of sub- making sation (1 ) of section 41 ; rules.

* ~ h c words "Execurivc Olliccr o f the Corporation" wcrc originally subsiituted for the words "Chairman of thc CorponLion" by s. 2 and rhc Firs1 Sch, of the Bcngal Rcpcaling and Amending Aci, 1938 (Ben. Acr I of 1939), and t h e ~ a f ~ r h e word "Comn~issioner" was subslitulcd lor thc words "Exccu~ive OClicer" by L. 66 o i Ihc Calcuna lrnprovemcnr (Amendment) Act, 1955 (Wat Ben. Act XXXII o f 1955).

3~ubsdiured ror thc words "sub-zccrions ( I ) , (2) and (3) of scclion 7" by s. 67. ibid.

[Ben. Act V

I

Tlre Calcutta Improvemerit Act. 191 1.

(Chapter VI1.-Ru1es.Aectio11 138.)

(2) for prescribing the maximum sum which may be paid LO any .., person by way of fees under section 22 ;

(3) for fixing [he charge to be made for a copy of, or exlracts from, the municipal assessment-book furnished to the Chairman under section 49 ; and

'(34 for determining the qualifications and disqualifications of, the conditions and mode of elect ion, selection or appointment of, an arbilrator and for regulating the proceedings of arbitrators under seclion 78C ;

(4) for prescribing the form of the abstracts of accounts referred to in sections 129 and 136.

138. (1) In addition to the power conferred by section 31, he Funhcr Board may from lime to time make rules (not inconsislent with any Fy"isE rules made by the 2[Slate Government] or the President of the rnnking Tribunal under this Act) for carrying out the purposes of this Act.

(2) In particular, and wirhout prejudice lo the generalily of the foregoing power, the Board may make rules-

(a) for associating members with the Board under sec~ion 1 9; (b) for appointing persons (other than Trustees and persons

associated with the Board under seclion 19) to be members of Committees under section 20 ;

(c) for regulating the delegalion of powers or duties of the Roard to Commitlees under section 20 ;

Id) for the guidance of persons employed by them under this Act;

(e) for prescribing the fees payable for copies of documents delivered under section 43, sub-section (3), '[or clause (iv) of sub-section (2) of section 631 ;

(f) for facili tating the laking of a census and securing accurate returns thereof ;

(g) for the maintenance and management of dwellings and shops constructed under re-housing schemes.

(3) In making a n y rule under sub-section (1) or sub-section (2), the Board may provide that a breach of it shall be punishable-

(i) wilh fine which may extend ID five, hundred rupees, or

I . . . . 1 ; ,-. :, ; ! -

I . . . . . . . . . .

. . . .

'Clause (30) was- insencd by s. 14 o l h c Calcuita lmprovcmcnr (Arnrndmenr) Act. 1831 [Ben. Acl Vlll of 193 1).

*see roar-note 2 on page 303, ante.

h c s c words,brackets and figures were addcd by s.4 d t h e Calcurta Improvement (Amendmenr) Acr. 1915 (Ben. Acr I11 oi 1915).

Conditions preccdcnr LO lhc making of mlcs undcr

Sanclion DI Srarc Govern- mcnr rcquircd LO

rulcs made under seclion 138.

Publicalion of mlcs,

Prinling and sale uf copizs & rulcs.

Tire Calcu~tu It~~provement Act, 191 1. I

[Ben. Acl V I

(ii) in caseof acontinuing breach, wilh tinc which may extend to fifty rupees for every day during which the breach continues aher receipt of wrillcn notice from rhe Chairman to discontinue the breach.

139. The power to make rules under section 86, section 137 or sec~ion 138 is subject to the condition of [he rules being made after previous publication. and to [he following furthercondilions, namely,-

lo) a draft of [he rules shall be published by norification and in locnl newspapers ;

(b ) such draft shall not be further proceeded with until after publication. or such longer period as [he '[State Govern- men[] or (in the case of rules made under section 138) the Board may appoint ;

(c) for one month at leas1 during such period, a printed copy of such draft shall be kept at the Board's office ibr public inspection. and every person shall be pcrmitted at iuly reasonable time to peruse the same, free o f chargc :

(d) prinled copies of such draft shall be delivered to any person requiring he same, on payment o f a fee OF two murus for each copy.

140. No rule made under section 138 shall have any validity unlcss and until it is sanaioned, with or without modification. by [he '[State Government].

141. When any rulehas bcen made under seclion 86 or section 137, and when any rule has becn madc under section 138 and duly sanctioned. il shall be published by the '[Slate Government] by notjficalion, and such publicadon shall be conclusive proof that [he rule has been duly made.

142. (1 ) The Chairman shall cause all rules made under scclion 86. section 137 or section 138 and for the time being in force lo be printed. and shall cause printed copies thereof lo be delivered l o any applicant on paymenl of a fee of '[fine rupee] for each copy.

' ~ c e foo~-rlole 2 on p a p 303. nrlre.

h he words w i ~ l ~ i n square brackcts rvcrc si~bsrilurcd lor rhc words "rwo nlrrm.r"

by s.24 or the Calcutta Irnprovcnienr (An~undrncnI) Act.1983 (\Vesr Ben.Acl XLll of 1983).

(2) Notice of the fact of copies or rules being oblainable at the said price, and of the place where and the person from whom the same lire obtainable. shall be given by the Chairman by advertisemen1 in local newspapers.

143. Copies in English and Ben~al i , of all rules made under section 137 or section 138 shall be hung nr affixed in some conspicuous part of the Board's oftice and in such places o i public resort affected by [he rules as ~ h z Chairman may think f i t .

144. The '[Slate Government] may a l any rime, by no~ificatiun, cancel any rule made by the Board under section 138.

CHAPTER VIII Supplemental Provisions.

Srcrtrrs of Trrrsrecs, etc:.

145. Every Trustcc, and every olficcr and servant of tl~r Buard, and every member and officer and servanl of the Tribunal, shall bc

XLV deemed to be a public servant within the meaning of section 21 o f [he I H ~ O . Indian Penal Code.

Cottrr-ibrr~iolrs ;cnt)t~).ds lco~~e-rrllu~r.rr)ll.es orrd pet~siorls of ' 1 s ~ - i70)r/s of 1f1e Gover~r)rre/r~].

146. The Board sh;lll be liabic to pay such contriburions for the leave-allowances and pensions of any 3[servant of he Government] employed as Chairman or as an officer or scrvant of the Board, as a membcr or officer or servant of rhe Tribunal. as may be Plrequired, by he condit inns of his servicc under the Govcrnrnenl, to be paid by him or on his behalf.]

Exhibilion of copies of rules.

Power or Sratc Govcm- men1 ro cancel rulcs made under szc~ion 138.

Tri~slrca. CIC.,

dec11ic.d public SCC\'mIS.

Conrri bu- l ions by Ronrd i ow~rds leavc- allowances and pcnsivns or scrvanrs of the

'.%c foot-now 2 on p a p 303. nrlrc. Govern- mcnl

' ~ h c word< "survwtr or rhc Crown" wcrc "riginally subslituicd lor thc words c rnp l~ycd "Govr.r~lnicnt scrv;inls" hy s .2 nf. and the F i ru Scliduie lo. tllc Bcngal Rcpcaling ",-,dcr !his and Amending Act, 1946 IHcn.Rc1 XVl of 1346). and thzrcaficr thc word "Govcm- ,\cI, mcni-' was suhstilu~sd Ibr lhr: nmord "Crown" b y pnrigraph J(1) uT thc Adap~arion of Laws Ordcr. 1950.

?ltc words "scrvnnl uT t l i t Cr~ lbn" ~ v t r e originally ~ubs~ i i u i cd lor the words -'Guvcrnmcnl servant" by pnra.3 and Sch.lV in lllu Govrmrilcn~ ol India (Adaptation o l India11 Laws) Ordcr. 1937. iind thzrcaltcr lhr: \bmurd "Covcmmcnl" wax subs~itui<d for the wurd "Cruwn" by ~jaragmph 4 f I ) of ihc 11dapt:t{iun nl' L n v s Order. 1950.

?hc words "rrquircd. hy the condiiinos nT strvicz u~idrr thc Crurvn. lo hc paid by him or on his buh;~lf' wrrc nriginally subslilu<ed lor t l ~ c wordn "prcscribcd in :my gcncral nr sprcial ardcrs of thc Govrrnmsnl for rcgulaling t l ~ c transrrr or Govcrn~itcnr scrvnnrs to forcign scrvict: " by para. 3 .uld Sch. 1V to thc Gui,rrnir~cni of India (Adapla~iun oi Indian Law<) Ordcr. 1937. and ihcrcaTrcr rhz word "Govcmrnenl" rvas subatilutrd lor ille word "Crown" by pnngrnpli 4 0 ) o f Ihc Adapwlion or Laws Order. 1950.

q:

Powcr lo cxtcnd thc Calculrn Municipal Act, 1951. 10 ma. near Calculla, to which provisions of the prcscnt Act have becn extended.

Publication or

. noufica- lions under sccuons l(3) and 147(1) in dnlc, for criliclsm.

Tlie Calcurtu I~rrproverner~r Act, I9 I I .

[Ben. Act V

Extet~siotl of Acts to area in rl~e neighbourt~ood oJthe Calcutta Mrrnicipalify.

147. ( 1 ) When any provision of this Act has been extended to any area under section I , sub-section (3). the '[State Government] may, by nodfication pubIished in the '[Oficial Guzane] and in such olher manner (if any) as it may consider necessary, extend to such area the '[~alcutta Municipal Act, 195 11, or any portion thereof, subject to West Ben. . , .

such restrictions and modifications (if any) as may be specified in such Act XXXllI . . . . - . of 1951. notification.

121 When the said 3[Calcutta Municipal Act,1951], or any ponion thereof, is ex~ended under sub-seclion (I) to any area, then-

(a) the Bengal Municipal Act, d[1932], or the Bengal Local B~,,, Self-Government Act of 1885. as the case may he, or the xv of

1932. corresponding portion of such Act, as the case may be, if Ben in force in sucharea, shall bedeemed to be repealed therein, of 1885.

and, I (6) except as the '[state Government] may otherwise, by

notification, direcr, all rules, by-laws, regulations, orders, directions and powers made, issued or conferred under the portions of the said 3[~alculta ~ u n jcipal Act, 195 11, which have been so extended and in force at the date of such extension, shall apply to the said area, in supersession of all corresponding rules, by-laws, regulations, orders, directions and powers (if any) made, issued or conferred under the said BengaI Municipal ~ c t , 4 [ 1 9321, or the said Bengal L ~ c a l SeIf-Government Act of 1 885, as the case may be.

. .

148. (1) Before finally publishing any notiqcation under section 1, sub-section (3), or section 147, sub-section ( I ) , [he '[Stare Govem- ment] shall publish a drdt of the same in the 2[0ficial Gazette].

(2) Any ratepayer or inhabi~ant of the area affecred by such draft may. if he objects to the draft, submit his objection in writing to the I [State Government] within six weeks from its publication, and the '[state Governmentl shall lake such objection into consideration.

'see root-no~c 2 on p a p 303. n~rrc.

'See loot-note 6 on pngc 304, nnte.

'~ubs~iturrd ror thc words "Calcurm Municipal Act, 1923" by s. 68 of the Calculo. Improvemen! (Amendment) ACI, 1955 ( W u i Ben. ACI XXXII or 1955).

'see fool-note 3 on pagc 328? nnre.

Facilitiesfor rnovemerrr of rhe populariot~.

v: 149. With a view to facilitating rhe movement of the population in and around theCalcullaMunicipality, the Board may from time to time,-

( I ) subject to any conditions they may think f i t to impose,-

( a ) guarantee [he payment. from the funds at their disposal, of such sums as they may lhink fit, by way of interest on capital expended on the construclion, maintenance or working of means of locomotion; or

( b ) make such payments as [hey may think fit from' t he said funds, by way of subsidy to persons undertaking to provide, maintain and work means of locomotion ; or

(2) either singly or in combina~ion. wirh any other person. consuuct, maintain and work any means of locomotion, under rhe provisions of any law applicable thereto, or

(3) construct, or widen, strengthen or otherwise improve, bridges:

Pr0vide.d that no guarantee or subsidy shall be made under clause ( I ) , and no means of locomotion shall be canstructed, maintained or worked under clause (21, without the sanction of the '[State Govem- ment].

Telegrapl~ and Railway Acts.

150. Norhing in this Act shall be deemed to affect the provisions XIII or of the Indian Telegraph Act, 1885. or the Indian Railways Act. 1840. 1885. IX or 1890. k g 0 1 Proceedirigs.

Powcrs or the B o d Tor racilitadng rnovcrncnl or the populaiion.

Saving 01 Tclcgraph and Rilwnys Acu.

Acr v 05 151. Notwithstanding anythingconlained in the Code of Criminal ~ ~ $ ~ ~ ~ ~ ~ , 1898. Procedure, 1898.

a11 offences against this Act or any rule made hereunder shall wherever committed, be cognizable by a Presidency Magistmte;

and no such Magistrate shall be deemed to be incapable of laking cognizance of any such offence by reason only of being liable to pay any tax imposed by this ACL or of his being benefited by the funds lo the credit of which any fine imposed by him will be payable.

152. No person shall be liable to punishment for any offence Lirnirarion of limc for against this Act or any rule made hereunder unless complaint of such prosccu- lion.

'see font-now 2 on page 303, nnrr.

9: P o w r LO hcdr CJSC ill nbscncc nf accused wllcn sumrnoncd lo appcar.

Powcrs of Ctlair~nan a5 10 insriruliun. erc., of Icgnl prucetdings and obtaining lcgnl advicz.

Indemnity lo Board. CIC-

Noricc uT suir a~a insr Board, elc.

[Ben. Act V i

offence is made before '[a hlelropoli tan Magistrate within I hrec 1 -. -

monrhs n e x ~ aRer the dereclion of he Commissic~n of such offence]. !

153. It' any pcrson. who has been summoned to appear before a Presidency Magistrate lo answer a chargeof an offence against this ACL or any rule made hereunder which is punishable with fine only, fails to appcar at rhe rime and place mentioned in the summons, the Magistrate may, if service of [he summons i s proved ta his salisfaction, and i f no sufficient cause is shown for the nun-appearance of such person, hear and determine the case in his absence.

154. The Chairman may, subject tn the conlrol of rhe Board,- (o) institu~e, defend or withdraw From, legal proceedings

under this Act or any rule made hereunder ; (b ) compound any offence against t h i s Acr or any rule made

hereunder which, under any law for rhe time being in Force, mzly lawfully be cornpoundcd ;

(c) ridmil, compromise or withdraw any claim made under this Act or any rule made hrreunder: and

d obtain such legal advice and assistance as he may from time to lime think i t necessary or expedien~ LO obtain. or as he may be desired by the Board to obrain, for any of he purposes referred to in the foregoing clauses of this secrion, or for securing the lawful cxercisz or discharge of any power or duty vcsled in or imposed upon [he Board or any officer or servant of the Board.

155. No suir shall be maintainable against the Board. or any Trustee, or any officer or servant of the Board. or any person acting under rhc direction of he Board or o f the Chairman or of any officer or sevant of the Board, in respect of anyrhing lawfully and in good faith and with due care and allenlion done under th is Act or any rule made hereunder.

156. No suit shall be insri~u~ed agains~ t h e Buard, or any Trustee, or any ofticer or servant of the Board, or any person acting under the direction of the Board or of the Chairman or o l any officer or servant of the Board, in respect of any act purportingro be done under this Act or any rule made hereunder,

unti I lhe expiration of one month n e x ~ after wrirten notice has been delivered or left at the Board's ufficc or the place of abode of such ot'ficer, servant or person, slating the cause UF action, i h e name and

'me words wilhin square brackcts wrrc suhsti~uted ror Ihc words "a Presidency Magis~m~r within rhrcu munths next iiller rhc cnriimission or such nllmcc" by 5.25 of the Calcurra Irnprovclnenr (A~licndmcnr) ACI. 1983 (Wcst Bcn.Acr XLII al 1983).

Tlre Calcutta I~t~proven~et~r Act, 1911.

place of abode of [he intending plaintiff, and thc relief which he claims ;

and [he plaint musr contain a statement [hat such notice has been so delivered or left.

Police.

157. ( 1 ) The Commissioner of Police and his subordinates shall be bound to cn-operate wilh the Chairman for carrying into effect and enforcing [he provisions of [his Act.

(2) I t shall be the duty ofevery police-officer who i s subordinate to [he Commissioner of Police-

( i ) ro communicate wirhout delay to the proper officer or servant of [he Board any information which he receives of a design to commit or of the commission of any offcnce against this Act or any rule made hereunder, and

(ii) to assist the Chairman or any officer or servant of the Board reasonably demanding his aid for the law fuI exercise ot'any power vesting in thc Chnitman or in such officer or servant under this Act or any such rule.

158. ( 1 ) Every police-ofticer shall arrest any person who com- mits, in his view, any offence against this Act or any rule made hereunder, if the name and address of such person be unknown LO him, and if such person, on demand, declines to give his name and address, or gives a name or address which such officer has reason l o believe to be false.

(2) No person so arrested shall be detained in custody after his true name and address are ascertained, or without, the order of a Magistrare, for any longer time, not exceeding at [he most (wemy-four hours rrom (he arresr, rhan is necessary for bringing him before a Magisirate.

(3) On the written application of the Chairman, any policc- officer above the rank of constable shall arrest any person who obs~ruc~s any officer or servant of the Board in the exercise OF any of the powers conferred by this Act or any rule made hereunder.

159. Whenever, under this Act or any rule made hereunder, the doing or the omitting 10 do anything or the validity of anything depends upon the approval, sanction, consem. concurrence, dcclaration, opinion or sarisfaction or -

(a] the Board or (he Chairman, or (bl any officer or servant of the Board,

Co-opura- lion or Ihc Policc,

Proof or conscnl, etc., of B o d or Chairrnnn or officer or s c r v m ~ I

or BOX^. I

Validation af acts and procced- ings.

General power of Board ro Pay compensation.

Compcnsa- lion to be pnid by offenders Tor dmngc caused by them.

[Ben. Act V i

(Chapter VIII.-S~pplen~enral Provisi~~~s.-Secriot~s 160-1 62.) I

a written document. signed, in case (a) by [he Chairman, and in I case (b) by the said officer or servant, purporting Lo convey orset forth

such approval, sanction, consent. concurrence, declaration, opinion or satisfaclion, shall be sufficient evidence of such approval, sanction, consent, concurence, declaration, opinion or satisfaction.

Validation.

160. ( I ) No act done or proceeding taken under this Act shall be questioned on the ground merely of -

(a) the existence of any vacancy in, or any defect in the constitution OF, the Board or any Committee ; or'

(b) any person having ceased to be a Trustee ; or

(c) any Trustee. orany person associated wilh the Board under section L9, or any other member of a Commirree appointed under this Act, having voted or taken any other part i n any proceeding in conlraven~ion of section 23 : or

d ) the failureto servea notice under sec~ion 45 on any person, where no substantial injustice has rcsuIted from such failure ; or

(e} any omission, defect or irregularity not affecting the merits of the case.

(2) Every meeting of the Board, the minutes of the proceedings of which have been duly signed as prescribed in section 18, clause ( I r ) , shall be taken to have been duly convened and to be free from all defect and i~regularity.

161. In any case not otherwise expressly provided for in this Act, the Board may pay reasonable compensation to any person who sustains damage by reason of the exercise of any of the powers vested, by this Act or any rule made or scheme sanctioned hereunder, in tbe Board or the Chairman or any officer or servant of the Board.

162. { I ) If, on account ofany act oromission, anyperson has been convicted of an offence against.lhis Act or any rule made hereunder, and, by reason of the same act or omission of the said person, damage has occurred to any properry of [he Board, compensation shall be paid by the said person for the said damage, no~wirhstanding any punishment to which he may have been sentenced for [he said offence.

The Cnlclrrru hnprorn~terri Acr. 1911.

of 1911.1

(Clwprer Vi iI . 4 1 1 p p l a n ur rnl Prov i s io~~r . -S~cr io~~ .~ 163- 166.1

(2) In the cvent of dispute. theamaunt of compcnsa~ion payabIe by the said person shall bedetermined by the Magistrate b e h e whom

' he was convicted OF I he said offence.

(3) If rhe amount of any compensation due under Ihis section be not paid, the same shall be recovered under a wnrranl from rhc said Magislratc. as if i r wvcrc a finc inflictdzd by him on the person liable therefor.

Pltblic- Nor ic~s n~rd Ad~~~rr ise t~ ier r rs .

163. Every public notice given under this Act or any rule made hereunder shall be in writing over the signature of the Chairman,

and shall be widely made known in rhe locolily 10 bc nffected thereby, by affixing copies thereof in conspicuous public places within the mid lucaliry. or by publishing the same by bent of drum or by adverlisernent in local ncwspapers, or by any two or morc of these means, and by any o111er mans that [he Chairman may think fir.

164- Whenever i t is provided by this Acl or any ru\e mdde hereunder that nolice shall be given by advertisemenr, in local newsppers, or lhat notiticurion or any information shall be published in local newspapers, such notice, no~ification or infbrmation shall be inserted, if practicahlr, in at least ~ w o English ncwspaperi and rwo vernacular newspapers.

Sigtlfl hrrc and Service of Norices or Rills.

165. Every notice or bill, which is required by this Acr or by any rule made hereunder w bear the signature of the Chairman or of any other Trustee or of any officer or servant of the Board, s l~all be deemed to be properly signed i f it bears a fac.rilnilc of the signarure of the Chairman or OF such orher Trustee or of such officcror scrvant, as the case may be, stan~pcd thereupon.

166. When afly notice. bill or other document is required by this Act or any rule made hereunder lo be served upon or issued or presented lo any person, such service. issue or presentation shalI be effected -

( a ) by giving or tendering such documcnt to such person ; or ( I r ) if such person is not found, by leaving such document at his

last known place of abode in Calcut~a, or by giving or tendering tlie same to samc ndul t male member or servant of his family ; of

(c) if such person does not reside in Calcutla, and his address elsewltcre is known to the Chairman, by forwarding such document to him by registeredpvsr under cover bearing the said address ; or

Public no[iccs how l o hc madc known.

Nclvspapcrs in which ndvcrrise- mcn& ur nolices to br: published.

Stamping signnturc on nolicsa or hills.

Power ID

makc surveys, ur vunrri burc lorvnrds rhir cost.

Power of cnrry.

The C U ~ C I I I ~ [ ~ I I ~ P ~ ~ I J P I I ~ J I ~ Acf, 191 1.

[Ben. Act V ,

C / o f r I . 1 p 1 P i I 167,168.)

( d ) it' none of the means aforesaid be available, by causing a copy of sudl document to be affixed on same con~picuou~ par1 of the land (if any) to which the docurnen~ relates.

167. The Board may-

(nl causc a survcy of any land 'lor acivic or diagnos~ic survey of any area] lo be made, whencver'they consider that a survey is necessary or expedien~ forcanying our any ofthe purposcs of this Act, or

(bJ conuibu~etowards the cost of any such survey made by any other local authority,

Power of E~rrry.

168. (1 ) The Chairman 2[or any o~her officer of the Board authorised by him in this behalf] may, with or wirhoui assistants or workmen, enter into or upon any land, in order-

(a) to rnakeany inspection, survey, measurement, vatuation or inquiry,

(b) co lake levels,

(c) to dig or borc in~o the sub-soil,

(d) to set our boundaries and intended )jnc.r; of work,

(e) to mark such levels, boundaries and lines by placing marks, and curling trenches, or

If) to do any othcr ~hing, whencver it is necessary to do so for any oft he purposes of h i s Act

or any rulc made orschemc sanctioned hereunder or any scheme which the Board intend to frame hereunder :


(a) no such entry shall be made between sunset and sunrise ;

(b) no dwell~ng-house, and no public building or hut which is used as adwel ling-place, shal I be soentered, unless with rhe consent of the occupier thereof, without giving the said occupierat least twenty four hours' previous writtcn nolice nf the intention to make such entry ;

'lnscncd by s.69 d rhr Calcu~lr lmprovrmcnr (Amendment) Acr, 1955 (Wes~ Bcn.Acl XXXl I or 1955).

21nser~cd by 5.70, ibirl.

The Calciltr~l Irrlpr-ovuttrer~r Act, 191 1.

(c) sufficient notice shall in cvery instance be given, even when any prcmises may olhenvise be cntered withour

7: nodce. to enable the inmales of any apartment approprialcd LO females lo remove 1 0 some part of the premises whcrr: their privacy need not be disturbed.

( d ) due regard shall always be had, so Faras may becompalible with the exigencies of the purpose. for which the entry is made, to the social and religious usages of thc occupants of [he premises entcred. -

(2) Whenever the Chairman enters into or upon any land in pursuance uf sub-sec~ion (I), he shall at the lime of such entry piiy or tender payment for all necessary damage LO be done as afnrcsaid ; and, in case of dispute as ro the sufficiency OF the arnounr so paid or tendered, he shall at once r c k r the dispute to the Board, whose decision shall bc tinal.

169. I f any Trustee, or any orficer or servant of ~ h c Board knowingly acquires, directly or indirectly, by himself or by any partner, employer or employee, otherwise than as such Trustee, officer or servanr, any share or interest in any contracl or employment with, by, or on bchalf of, the Board.

nor being a share or intcrest such as, under sub-section (2) of section 9, it is permissible for a Trustee to have wiihuur being thereby disquali tied For being appointed n Tmstee,

Punishmen1 for ! acquiring share or inicresi in cnnlracI. etc., with

i I

rhc Board. !

he shall be deemed to have committed the flffencemudepu~~ishable Act XLV of by section 168 of [he Tndian Penal Code. . .

1860. .. . . 170. If any person. wirhout lawful authori~y,-- PcnnIry for . , ,

( (1) removes any fence or shoring-limber, or removes or rclnn\'inp Ccncz. EIC.. extinguishes any lighl. set up under section 59, or in srrccr. . .

. . ( I r ) iniringesany order given, or removesany bar. chain orpost

fixed, under section 60, sub-section (2),

he shall be punishable with Fine which may extend to fifty rupees.

171. ' [ ( I ) ] '[Ifany person, without rhe pcmission of the Chair- Penalty For

man required by section 63. sub-section (a), crects. re-erec~s or adds $:$':reel . . . . .

-- alignrncnt oY building . .

'Scciion 17 1 W ~ I S rt-nunibtrcd as sub-sec~iun f 1 ) of ihac section and altcr i l lm sub- line a sccrinn as so re-nunlhcred sub-sccliun (2) war added by s.71 or the Cnlculla oroicclcd

bu61ic Iniprovcmcn~ IArncndlnenr) ACI. 1955 ( W c s i Hcn.Avr XXXll 01 1955). s1rcct. 2 ~ h c s c wvrds, brackets and hgurcs wilhin squart: brackc~s were subsriru~cd lor lhc

prcviws wurds and figurcs by 5.5 of rl~c Calcui ia I~nprovemcnr (Arncodmcn~) Acr, 1915 (Hen. Acr 111 a l 1915). i

392 Tlie Colcrrrro I~ i iyrover~r~'n~ Acr. 19 11.

[Ben. Act V :

Pcnally for railurc lo rcmovr: wall or buildlng in respect or which agreement has hccn cxccu~ed.

l o any wall (exceeding ten feet in height) or building which falls within the street alignment or building line of a projecred public . .

slreetl(or a projected public park) shown in any plan sancrioncd by [he '{state Government) under the said sectionl, he shall be pun~shable-

(a) with Fine which may cxtend, in the case of a masonry building or a wall, to five hundred rupees, and, in the case UF a hut, to fifty rupces, and

(b ) with further fine which may exlend, in the casc of a masonry building or a wall, to one hundred rupecs, in the case oFa hul, 10 tcn rupees foreach day after the firsr during which the projection continues.

3(2) In either case, the coun may further direcl that [he erection, re-erecrion or addi~ion shall be demolished Forthwith.

d 1 7 1 ~ . ~ f h e owner for the lime being of any wall or building in respect uF which an agrccment has been execuled as provided in section 63. sub-section (91, fails-

(a) to remove such wall or building, or any specified portion thereof, when so required by notice issued under that sub- section, or,

(b ) within fifteen days from the receipt of such notice, 'to authorize ~ h c Chairman, by permission in writing, to remove [he said wall, building or ponion,

he shall be punishable- (i) with fine which may extend, in the case of a masonry wall

or bu ilding, to one hundred rupees, and, in the case of a hul, to twenty rupces ; and

( i i ) wirh furlher fine which may extend, in the case of a nlasonry wall or building, lo ten rupees. and. in the case of a hut, to five rupees, fur each day after [he first during which the failure continues.

172. [ P e r ~ n l t y for fuilrrre ro ser bock birildirlg or lvrrll o n reqrrisition.]-Rep. Ily x.7 of lire Cnlcrrt/a Ixrrprov~merrt (Amendtrrcnr) Acr, 1915 (Ben. Act 111 of 191.5).

Penally for 173. If any person fails to comply with any requisition made under Iailurc 10 comply section 1 3 1 , he shall be punishable- wit11 requisi lion ' ~ h c words within first brackcrs wrrc inscnrd by 5.26 orthc Cdculra improvement n~adc by (Anicnd~~icnl) Act. 1483 (Wcs~ Hcn.Acl XLlI of 1983). audirur. '5rr luor-nulc 2 on page 303, r r r l t f .

' ~ c e foul-nok I un ~ i t g t 39 1. arlre.

'Sccrinn 17 1A w a inscrlcd by 5.6 of rhl: Calculril Improvcmcnr (Amcndmcnt) Acl. 1915 (Bm. Acr 111 o i 1915).

' I ~ P Culctr t ~ r r I~~jlrrovcr~lutrr Act, 191 1.

(cr) with Fine which may extend to one hutidred rupees ; or 7:

(h) in casc of-;! cnnlinuing failure, with tine which may extend to fitly rupees for each day zlf~er \he first during which the failure continucs.

174. If any pcrson- (ti) ubstruc~s or molests any person witti whom the Chairman

Iliis entered inlo a conlract on behalf of [he Board, in the perlbrmance or execution by such person OF his duty or of arlythingwhich he isempoweredorrequired ro dobyvirrue nr in collsequencl: of this Act or any rule made hereunder, or

(bJ removes any ~nnrk se; up for the purpose of indicating any level or direction necessary to the exeution of works a u r h o r i ~ e d by this Act or any rulc made or scheme snnctioned hereunder.

he shall be punishable with fine which may extend to two hundred rupees, or wit11 imprisonmen1 for a term which may extend to two months.

' Recorcr~ of c.r~~crrsex

' 1 7 4 ~ . Whena written notice, issued under section 63, sub-section (9), for the removal of a wall or building. or any portion [hereof, is not complied with by the owner thereof for Ihe lime being as provided in section 171A, the C.hairmnn may procccd tu remove such wall, building or ponion and the expenses incurred in effccling such reinoval shall be recoverahlc by sale o i the materials or other lhings removed.

175. [E'ines, rlrrtlru~~s C I I I I I yroceerls of L ' O I I J ~ S C O ~ ~ M I S to be paid lo Bncrrd,]-Ot~ritrt'd by pparri. 3 nrrd Sr:h.IV to dre Govertr~t~crrr of It~dia (Adupmriorl of ltrdiurr L n l c ~ ) Order; 1937.

S~rspetrsioti or nhdi(i011. ond t.c-ittrposiriorr r.ft(lxarioi~ or Mvriici- pnl corlrr ibrrriorrs.

176. (11 Whenever the ?[Stale Government] considers that any duty or tax imposedby Ctiap~erV, orany paymentrequired by section 88, or any portion of any such dury, tax or paymenr. as the case may be, is noL required for the purposes of this Act, i t may, by notifica~ion, 3 * * * * ,

'This heading md scclinn 17JA were insurlzd by s.S ,>I thr. Calculra Irnpravcmcnr (An~cndnicnl) Acr.l'll5 (Hcn.Acr I11 or 1915).

2 ~ t u r hol-noic 2 on pi~gc 303; nrrrt. 'me words "wirti th~: prcvious silnclinn or thc Govzrnmcnt u l lndiit" were

n m . , ~ ~ . , , ~ F... , I , . n.., . I . . . - - - - I . I - - * . - r - r . . . ...- . - - -

Penalty for obslruciing conrracror or rcrnoving mark.

Rtrnoval uf wall or building and rccovcry o f cnptnszs.

Suspension or abdirion, and reimposirin~i. n l Iaxalion or Municipal conlribu- lions.

Tlre Crrlcrrrrn I ~ ~ p r z l v e t ~ ~ u t r ? Act. 191 1.

( n ) suspend, for any specified pcriod, t h e levy of such d u ~ y or lax or any specified por~ion rhereof, or thc making of such payment or any specified portion thereof, or

( b ) ;tbolish such duly, tax or payment. or any specified ponion thereof , lrom a d a t e to be specified in the no l i f i ca t i on .

(2) I F a1 any t i m e the '[State Government] considers rhat any duty, t a x or p a y m e n t , or any por~ion [hereof, which has b e e n

suspended or abolished under sub-seclion ( I ) i s required for the

pu rposeso f this ACL, i t may, by no t i f i ca t i on , '* * * cancc!. such suspens ion or abolitio~i, wholly or in part, as it may t h i n k lit. fronl a d a t e tu be specified in the no t i f i ca t i on .

Power of 3177.(1) 11' i n the opinion of the State G o v e r n m e n t i t i s necessary S r m Govcrn- so LO do with a view lo bc t r c r co-ordination and speed ie rexecu r i on OF mcnl to development work and maintenance [hercof the State G o v c r n r n e n t supersede rhr: Bvard, may, by an order published in the Oficial Gnzette and m e n t i o n i n g

the re in rhc reason for lhe order, supcrscde tile Board for such period as may bc specitied in the order.

(2) For the removal of doub rs i t i s hereby declared [hat no n o t i c e

wliatsnever i s required lo be given to the Board for s u b m i s s i o n of any representa t ion beforc making any s u c h order of supersession under sub-sect ion ( I ) .

' S ~ P root-nut2 2 un pagc 3U3. m l r t . .

2 ~ f ? f f001-n01~ 3 Un pilgC 3'13. <1I1fF.

'~ccrions 177 i~nd 177A wcrc subsriiurcd fur thc nriginnl scc~iun 177 hy para. 2 nf. md ~ h c Schcdulc ru. thc Calcutta Mclropolilan Devcloprncnt ~ u l h u r i r y ACI. I972 (Wccr Hcn. Acr XI of 1972)-rec .wurion 6 of thc Calcutta Mcrmpol i~m Dzvzlopnlcnr Authority (Anicndrnunt) Act. 1874 (\Vcsi Hcn. XXI of 1974), Prior lo this substitu~ion Ihcrs twrc following chm;cs i n the original scc~ion 177, ns~r~cly:-

((I) The wards "Provincial Govcrnmcnt" wsn: nr i~inaly hubstitulcd for rhc wurds " L o v ~ l ~ovrrnmen1"~hy pam. 4 0 ) of thc Guv~.mrncnr o f India (Adaplalion of Indian L;\rvs) Odrr. 1937. and 111crcaTtcr thc word "S13tu" war substiluted Cor thc word "Pruvinciill" by pibra, 4 ( 1 ) nT 1111: Adaplaiiun uT Laws Ordcr. 1950.

Ib) Thc words "w i r l~ ~ h c prrvinus smcrion of the Govcrniucnr of India" wem ur~litrcd by tlie D z v o l u ~ i o ~ ~ Aci.IY2(1 (XXXVIII uC I92O). and

(u) Tliz wordc "Errruiivu Officer of thc Corpur;~!ion" wcn: nriginally substi~u~ed Tur the wurds "Chiiirm;in uT rhc Corprarion" by s.2 m d lhr T;I-I Schcdulc or rht: Bcngal Rcpc;~ling and An~cnding Acl. 1'1.78 (Hcn.Act 1 or 1939). and thcrcarrcr Ihc word "Chairman" w ~ s substitu~<J for rhe wurds "Exccurivc Orficrr" by s.72 o f ihc Calculla In iprovc~nc~~r (A~ucndnrcni) ACI. 1955 (Wrsi Ren.Act XXXII or 1955).

(Ben. Act V

(3) Thc Smc Government may, i f it considers necessary so to do, by ordcr, cxlcnd or modify from timc to time the period of supersession.

' 1 7 7 ~ . ( I ) When an order OF supersession has been made under Consc-

section 177, then wirh effect Vrom rhe date of the order- qucnucs of superscs-

( ( 1 ) all Trustees of [he Board and all members or other persons sion.

cons~ituting comrnirtees shall vacate their respeclive of- fices ;

(b ) all properries. funds and dues which are vested in or realisable by [he Board and the Chairman, respectively. shall vest in and be realisable by the Calcutta Merropolitan Development Authoriry cons~i~u~ed under seclion 3 of the Calcu\\a Metropnliran Dcvelopment Authorily Acl, 1972 (hercinat'ter referred to as the Me~ropolitan Authori~y );

(c) all contructs irnd liabilities which are enlorceable by or against the B ~ i l ~ d shall bc enforceable by or against the Metropolilan Aulhurity ;

Id) all the powers and duties which may, undcr the provisions of this or any other Act or any rulc. regulation, by-law, order or no~ifica~ion made thereunder, be exercised or performed by [he Board, conl~ni~ree or the Chairman shall be exercised or performed by the Metrupolitan Authority ;

(e) all legal proceedings instituled by or agains~~he Bonrd may be continued or enlbrced by or g gain st the Metropolitan Authori~y ;

If) all officers and other employces of [he Board continuing i n office immediately before rhc dare of the order shall be deerncd lo be employed by the Me~ropolitan Authority on such rerms and conditions no^ being less advantageous than what they werccn~itled l o inimediately before thesaid date.

(2) The Srare Guvernmcnt shall, belbre the expira~ion of the period of supersession. reconst irulr: ihe Board in accordance with the provisions of this Act.

(3) The Stare Government may make such incidental or conse- quential ordcrs as may appcar lo it to be necessary for giving effect l o [he order made under sub-section (1) or (3) of sect ion 177 or under sub-section (2) O F the scc~ion.

Publication or notifica!ion. hraring or objcccions and d~claralion under rhc Calcutta I lnprovc- mcnr As1 lo bc subs~itut~d tor lhosc undcr izcrions 4 , 5A and 6.

Amznd- mcnr or section 15.

Amcnd- men1 o f scctinn 17.

Tile Calcurm hrrpr-ovcnrent Acr, 191 1.

[Ben. Act V

(Tlie ScAedrtle.-P~mg~'c~~~I~s I , f A , IB, 2 4 . ) !

THE SCHEDULE . . . . . , . 1 ,.: --. . . . : -- .

; . - ' ... (Referred ro irr Sectiotr 71.)

Further modifications in the Land Acquisition Act,1894. I or 1894,

1. After clause (el of secrian 3 [he following shall be deemed to bc inserted, namely :-

" ( e l ) the expression 'Local authority' includes the Board of Trustees constituted under the Calcutta Improvement Acr,l91 1 .". Bcn. Act V

or 191 I . ' 1 ~ . After section h, the following section shall be deemed lo be

inserted, namely :-- " 6A. When acquisition i s proposed to be nude of land comprised

within any irnprovenienl scheme framed by the Board and published under section 49 of the Catculta Improvement Act. I9 I I-

( i ) [he pub!ica~ion of a notice of [he improvemen1 scheme under sub-scction (2) of section 43 of the Calcutta Im- provemenr Act, 191 1 . shall be subsriruled For and have he same erfect as publication of a norification in the Oficial Gazerre and giving public notice ofihe substance of such notification in the localily under section 4.

( i i ) Proceedingsunder section 45 and sub-section ( I ) ofsecrion 47 of he Calcutta ~rn~rovemenl Act. 191 1 , shall be substi~uted for and have thc same effect as proceedings under section 5A.

( i i i ) The publication of a notification under seclion 49 of [he Calcutla Improvement Act, 191 1 , shall be substituted for and have rhesame effect as adeclaration under sec~ion 6.".

'1B. In section 1 1, beforc he words "make an award under his hand" the words " a h considering such evidence as may be adduccd by the Board under sub-section (2) of section 50" shall be inserted.

3. In section 15, for the word and figures "and 24" [he figures, word and letter "24 and 2 4 A shall be dccmed to be substituted.

4. ( 1 ) In sec~ion 17. sub-section (3), al'ter the figures "24" the words, figures and Ic~rer "or scclion 34A" shall be deemed to be inserted. -

'lnscncd by s. 7 4 n ) ul. thc Cnlvurr3 l~nprovzmcnt (Amendmcnl) Aci. 19% (Wcst Ben. Aci. XXXll o f 1955).

The Culcrrfrn h~~prover~ierrr Acr, 19 11.

(The Sclrcdrrle.-Pnmg~'apIis 5-9.)

(2) To the said section 17 the following shall be deemed to be : added. namely :-

" ( 4 ) sub-sections ( I ) and (3) shall apply also in the case of any area which is stated in a certificate granted by a salaried Presidency Magistrate or a Magistrate of the first class to be unhealthy.

( 5 ) Before gra'nting any such certificate, the Magistrate shall cause nolicc to be served as promptly as may beon the persons referred to in sub-section (3) of section 9, and shall hear without any avoidable delay any objections which may be urged by them.

( 6 ) When proceedings have been taken under this section for [he acquisition of any land, and any person susrains damage in consequence of being suddenly disp~ssessed of such land, cornpensarion shall be paid to such person for such dispossession.".

5 . Afier seclion 17 the following shall be dcrrned to be inserted namely :-

" 17A. In every case referred to in secrion I6 or section 17. the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Board ; and the land shall-thereupon vcsr in the Board, subject to the liability of the Board to pay any Further costs which may be incurred on account of its acquisition.".

6 , 7 and 0. (I)--Rep. by s. 2 ofthe Calcrrrrtt Itrrprovemenr (Amerrdtne~~t) ACI, /922 (Bet]. Act I of 1922).

9. ' ( I ) Sub-section (2 ) of section 23 stands re-introduced.

( 2 ) At the end of section 23 the following shall be deemed to be added, namely :-

"(3) For ~ h e purposes of clauseJr.sl of sub-section (I) of this section,-

2(a) when acquisition is proposed LO be made by the Board of land comprised within any improvement scheme framed by the Board and published under section 49 of he Calcu tta

Ben. ~ c c V Improvement ACL, 191 1 , [he market-value of the land shall af 1911. be deemed to be the markct-value according to the dispo-

sition of the land at the date of publication of the notice under sub-section (2) of section 43 of the said Act; and in

' ~ i r s t l ~ , sub-paragraph ( I ) w w rcpaled by s. 2 on rhc Cnlcucca lmprovumznt (Amcndmcnr) ACI, 1922 (Rcn. Ace I or 1922), Lrcr , sub-pmgriiph ( 1 ) was insrrlrd by s. 74fc)Ii) of rhc Calcutta Irnprovrmen~ (An~cndmsnr) Act, I955 (West Brn. Act XXXl I 01 1955) and thcrcniier the same was subsiirulcd by s. 27 of the Calculta Improvcmsnr (Alnendrnent) Act. I983 (West Hen. ACL XLlI OF 1983).

Ncw sccrion 17A.

Trmsier or land lo Boilrd.

Amcnd- mcnL of

I I

section 23.

*~ubsiitu~zd lor clauscs Jo) and (b) by s. 74(u) ( i i ) of the Calcutla lmprovrmcn~ (A~nzndrnent) Acl. 1955 (WCSI Hcn. Act XXXl l of 19.551.

The Calcrrr/n in~provenrenr Act. I9 I I .

(Tire Scked111e.-Pn r c r g r p 9.)

other cases. the market-value shall be deemed to be the market-valueaccording lo [he disposition of the land at the dace of publication of the notification relating thereto under section 4 ;

'(bb) i f the market-value has been increased or decreased owing TO the land filling within or near to [he alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded ;

'(Lbb) i f any person. without the permission of the Chairman required by section 63, sub-section (a), of the Calcutra Improvement Acl, 1 9 1 1 , has erected, re-erected or added loany wall (exceeding tenfeel in heighr)orbuiIding wilhin the street alignmen1 or building line of a projected public srreet 2(or having erected. re-erected or added to any wall or building as aforesaid wilh such permission fails to remove such wall or building or any specified purlion thereof when so required by notice issued under sub- section (9) of the said section], then any increase in rhe market-value resulting from such erection, re-erection or addition shall be disregarded ;

(o) i f the market-value has been increased by means of any improvement made by [he owncr or his predecessor in interest within two years before 3[1he date wirh reference lo which the market-value is to be determined] such i ncrease shall be disregarded, unless it be proved [hat the improvement was made botlnfidc and not in conrempla- t ion of proceedings for acquisition of the land being taken under this Act ;

(d) i f the market-value is specially high in consequence of [he land being put to a use which is unlawful or contrary to public policy, that useshall bcdisregarded. and the market- value shall be deemed to be I hc market-vahe of the land if put to ordinary uses ; and

(e) i f the market-value of any building is specially high in consqucnce of [he building being so overcrowded as to be

-

' ~ l a u s c . ~ (bb) md (blrb) werc instfled by s. 9 of thc Calc~llik Impmvcrnent (A~rwndn~cnt) Acr. 1915 (Ben. Acr 111 of 1915).

'lnsrnrd by s, 74(ulliii) or thc Calcutta Inrprovcrncn~ (Amendrncnt) Act. 1955 (Wcst Bcn. XXXll or 1955).

[Ben. Act V 1 i

3~ubs~ i lu~ed Car the words "rhc ahresaid declaration was published" by s. 74(cNiv), ibid-

Further provisions for dztur- mining corn pr nsa- tion.

Srn. Acr V af 1911.

(The Srhed~r l e . -P ( lm~~ .c~pI~s 10. I I . )

dangerous to the health of the inmates, such overcrowding shall bedisregarded, and the market-value shall be deemed to be the market-value of the building i F occupied by such number of persons only as could be accommodated in it wi thou~ risk of danger from overcrowding.".

10. For clause seve~~thly of sec~ion 24 the Following shall be deemed to be substituted, name1 y :-

"seventl~ly,any outlay on additions or improvemenls to land acquired, which was incurred aRer the date '[with reference to which the markel-value is to be derermined], unless such additions or improvemenrs were necessary for he maintenance of any building in a proper s m e of repair.".

11. After section 24 the following shall bedeemed to be insened, namely :-

" 24A . In determining the amount of compensation LO be awarded For any land acquired For the I3oard under this Act, the Tribunal shall also have regard to the following provisions, namely :-

(1 1 when any in~erest in any land acquired under this Act has been acquired after the date 2[wilh reference to which ihe market-value is LO be delerminedj, no separate es~imate of the value of such interest shall be made so as to increase the amount of compensation to be paid for such land ;

(2) if, in theopinion of theTribunal, any building is in adefective slate, from a sanitary point of view, or is not in a reasonably good state of repair, the amount ofcompensation shall not exceed the sum which the Tribunal considers the building would be worth if ir were put into a sanitary condirion nr inro a reasonably good state of repair, as the case may be, tninrrs theesrimared c o s ~ of puuing it into such condition or state' ;

(3) it; in rhe opinion of rhe Tribunal, any building, which is used or is intended or is likely to be used for human habilation, is not reasonably capable of being made fir for human habitalion, the ilmount of compensation shall nolexceed the value of the rnaterialsof the building, riiirrrrs Ihc cost of demolishing the building.

3(4) If any rank in any area comprised wi~hin a scheme framed by the Board and pub1 ished under section 44 of the Calcu~taImprovzment Act, 191 1 , is, on account of accumulation of til~h, rubbish or putrid

'~ubs~irutcd for tllc words "of 111c publicntion or the declaration undcr scction 6 by s. 74d) of rhc Calcutta l~nprovcnlcn~ (Anrmdmcn!) ACI. 1955 (Wcsr Bcn. Act X X X l l of 1955).

2~ubstiturcd Tor thc words "or thu publicn~ion of !he JccIaniion undcr sccrion 6" by s, 74(c)(i) , ;bid,

Amcnd- nwnr of scc~ion 24.

Nrw secliun 24A.

'Clause (4) was added by s. 74(rj(ii). ;bill.

[Ben. Act V of 1911.1

(Tile Scl1edt11e.-Pnrugrophs 12, 12A. 13 und 14.) 1 matteroro~rhzpercolatinn of foul watcr t'rum the kitchen. caun-yard,

v. privy or urinal, or fnr any other cause, in an unhygienic condition or contains water which is discoluurcd or m:~lodorousor unlit for use for dornes~ic purposes. ur is a source ot' nuisance ur disease, then notwithstanding anything cflntained in any law for the time being in force, the Tribuna! shall in de~ermining the amount of compensation, make such deducliot~ From the market-value of the tank according to irs present disposition ;IS will. in their opinion, be a reasonable set-off against [he cost to society In unhealthiness, disease and discomfort caused by the tank being kept in such an unhygienic or insanitary condition.

Amend- nlcni of section 27. Ncw section 48A.

"Sccrion 48 not ro apply in ccrtaln cilscs."

12. [Rep. s. 2 oftl~r Cnlcrrrra It~rprovemertt (Alnerrdtnet~r) Acr, 1922 (Bert. Acr I of JY22J.1

' 1 2 ~ . Su b-section (2) of section 27 shall be deemed to be ornirtzd.

213.After section 48. he follow in^ seclion shall be inserted. namely :-

48A. No compensation shall be payable in pursuance of section 48 when proceedings for acquisilion of land have been abandoned on the execution of an agreement or the acceptance of a payment, in

I i

pursuance of sub-seclion {4) of seclion 78 of the Calculta Improve- Bcn. A ~ I v : OF 1911. ment Act, 1911.". i

Amend- 314. For stlb-seclion (I) OF section 49, the following sub-section

~ ~ ~ ~ o ~ ~ 9 ~ shall be deemed to be substituted namely :- "(I J The provisions of this Act shall no[ be put in force for the

purpose of acquiring a part only of any house, manufactory or nther building i f the acquistion of the part will render the FuII and unimpaired use of the remaining portion of the house, manufactory or building impracticable :

Provided that if any question shall arise as to whether the pan proposed to be acquircd will render the full and unimpaired use of the remaining pnrtion of the house, manufactory or building impracticable, the Collector shall refer the derermination of such question to the Court and shall not take possession of such part unril after the quesrion has been determined.

In deciding on sucll a reference thc Coun shalt have regard only to the question whelher the land proposed lo be taken is reasonably required for the full and unimpaired use of the remaining portion of the house, munufactory or building.".

'parafrnpli 12A was insetled by s. 74m ul. Calculla lmprovzmtlnr (Amcndmenl) Acl, 1955 IWcxt Bcn. Acl XXXll or 1955).

'Paragraph 13 was subslilu~cd Tor the origina! paragrilph by s. 2 of the C~lculra frnprovclnenl (Arncndnicnr) Act, 1976 (West Ben. Acr XXXVIlt of 1976).

J h r ~ g n p h I4 was instnvd by s. 74(/r) nf itit: Calculla l~nprovrmenr (A~ncndmenr] Act. 1955 (Wcsl Bcn. Acr XXXII or 1955). The original-paragraph 14 was rcpcalzd bv 5. 15 oilhe Cnlculln Imnrtrvemcnr I A r n ~ n r l r n . ~ n r \ nrr 1 0 1 1 (Ro-n A r r Vfrl mr 107 I \

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