Professional Documents
Culture Documents
Calcutta Improvement Act, 1911 PDF
Calcutta Improvement Act, 1911 PDF
Calcutta Improvement Act, 1911 PDF
com
LatestLaws.com
LatestLaws.com
Bare Acts & Rules
Free Downloadable Formats
LatestLaws.com
LatestLaws.com
LatestLaws.com
'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 I V , 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.
LatestLaws.com
[Ben. Act V
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~ionof an improvement
scheme;
(n) "the Board" means [he Board of Trustees for ,the
improvement o f Calcut [a, constiluted under his
Act;
' ( a n ) "building line" means a line (in rear of the slreet
alignmen!) up to which the main wall of a building
abu~tingon 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 ) o f rhc Govcrnrnent of India (Adaplarion
or Indian Laws) Order. 1937. and ihcrcalrcr thc word "Stare" was subsl~lutcdfor ~ 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 Calcurra
c IrnprovcrnenL (Amzndmrnl) Act.
1931 (Ben. Aci VllI oC 11131).
%lause (6)was subslilutrd Tor the previous clausc by s. 3(1) o f the Calcutta
Irnprovcment (Amcndmunr) ACI. 1955 (West Ben. AFI X X X l l of 1955).
LatestLaws.com
[Ben. Act V
CHAPTER I1
The Board of Trustes.
ofrlre Board.
Ci~t~stittrriotr
3. The duty of carrying out the provisions of this Act shall, Crcation
and
subject ro (he conditions and limitations hereinafter contained, be incorpora.
vested in a Board, to be called, "The Trustees for the Improvement lion of
Board.
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:- Cans~itulion
of ihe
( a ) a Chairman, appointed by the State Governmen1 by nod- Board.
fication,
( 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~taMetropolitan Development
Aulhority appointed by the State Governmen1 by notifica-
tion,
(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~edin [he manner prescribed by ruIes by the
Srare Government, and
(e) Four orher persons appointed by the Slale Government by
notification.
d h e rornlcr clause by s. 3 (5) of the Calcuuo Improverncnt
' ~ u b s t i t u ~ cfor
(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 . .. ,-,:-... ....,..\...
.. .--.... . ....-
,. .: . . . , - " ' .. . .LatestLaws.com
. . .,. .,.,\.;..,...,....-;;.-,., .,..-.- :... ...... ....
. ,,, , . . ., ,., , . .. . . . .... ........ ,..-
..-.. ---,.-..,.......,>
>
.;,.>
.,.,
. ,
. .
LatestLaws.com
[Ben. Act V
I
I
(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 w l ~ i l etile Coryoru~ionis
xrrpersedcd.-(Ot~~irtedby s. 2 oJflre Cnlcrrtfn It~lprovrwc~~r
(Amend-
nrctrr) Act, 1950 (West Ben. Acr LII of 1950)).
o r l s1 I . )
(Cllaprer 11.-Tlze Bonrd of T r i u f e e ~ ~ . ~ e c r i 10,
I
(Cl~oprer11.-The Bonrd of Trusreex 4 e c r i o t r s 12, 13.)
r ~ t 1911.
7Ke Cnlctt~fah ~ ~ p r o w / n eAct.
(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 .
[Ben. Act V
16, 17.)
(Cl~irprerI/.-The Board of Trrrsrer~.-Secrioi~~
Corrduct of Bl~si~ilress.
18. The Board shall meet, and shall from time to time make such Mccrings or
arrangementswith respec1LO 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 :
20. (1) The Board may From rime to time appoint Cornmil[ees
consis~ingof 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~oseassislance 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 X X X l I o i 1955).
2Claujc (11) w x hubslilulcd ror I ~ L :for111crclause by s. 1212). ibid.
fur tlw words "my pcsnns" by s. 13, ilrirl.
3~ubs~iiurcd
LatestLaws.com
Act, 1911.
Tlre Colc~rttclIr~~pruvenrenr
Fees for 22. Every Trusrcl: (other than [he Chairman), and every person
a!
e
arlcnd ncc
mccl~ngs.
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-fiverupees], 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.
Trustees 23. (1) A Trustee who-
and
ilssociatzd ( n ) has, direc~lyor indirectly, by himself or by any panner,
mcrnbcrs o f
Roard or employer or employee, any such share or interest as is
Comrnirrcc described in sub-section (2) of section 9, in respect of any
nor 10 takc
piIK in marter, or
proceedings
in which (b) has acted prnfessionnlly, in relation to any rnalter, on
lhcy arc behalf of any person havins therein any such share or
personally
~nlcrvslcd. interest as aforesaid,
shill1 not vote or rake any other part in 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 words
c within squarc brackcls wsrc substilurcd Tur rhc words "twcnty rupccs"
by s. 6(r1) o f ~ h Calcut~a
c 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 ~ cwords "tcn rupucs"
hy <. brl/), i1)id.
'rhc words "from tlie beginning lo [he end rhereor, or Tor such period ar Il1c pcrson
p r t ~ i d i n gat ~ l i cnirelinp may consider sufficient lo justify the paynlunt of ~ h cFCC" wcrc
nlniurd by s. 15 ur the Cnlcurri~Improvement (Amendmeni) Ael, 1955 (Wcst Bcn. Acr
XXXII or 1 ~ 5 s ) .
LatestLaws.com
Acr, 1911.
Tlte Cnlcrrrrn 1111provcme11t
3 2 4 ~ The
. Boiirrl nay determine eirher generally for any class of Puwer or
Board ro
cases or specially for any particular case whether the work should be dclemjnr: i i
CXCcUtlOn
executed or materials purchased by conlracl or olhcrwise. of work,
ctc., should
be by
conrracl.
25. ( 1 ) Every such conuact shall be made on behalf of the Board Excculion
of conrrilcls
by the Chairman : and appro- -
.,.
,-
. .
(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~ywho 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.
Fur~hcr 26. (1) Every contract made by he Chairman on behalf oP he
provision
as ID Board shall be entered inlo in such manner and form as would bind the
enecurion Chairman i f such conlracl were made on his own behalf, excepr that
or
convacts. [he common seal of the Board shall be used (where necessary); and
and cvery such conlracl may in the like manner and form be varied or
provision as
lo 5tXl discharged.
o l Board.
(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[fiftythousand
rupees], he shill1 give notice by ;~dver~isement in local newspaper
inviting lenders for such contract :
'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~horizethe Chairman to enter into a
conlracl withoul inviting tenders.
(2) In every such case the Chairmiln shall place before [he Board
the specifications, condi~ionsand estimates and all the lenders re-
ceived, specifying [he particular tender (if any) which h e 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[~taleGovernment] the specifica-
lions, conditions and estimates, and all [he tenders received, specify-
ing 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 o f 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
contract.
'[Five thousand rupees].
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 in 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.
[Ben. Act V 1
(Clrnpter !I.-The Board of Trtrs~ees.Sectiot~
29A.J I
(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.
'See fou~-no~c
2 on page 303, nr~re.
'Seccrinn 29A was inserted by s. 2 or ~ h cCalcur~jlmprovrmrnt (Amrndmcnt)
Act, 1975 (Wcs~Ben. Acr XIIl of 1975).
LatestLaws.com
(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 S m e Government may, after consideration of any repre-
sentation 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
Tile Calc~~rra
bmprovertrerlf Act, 1911.
{ C ~ a p r e I1.-Tllc
r Board of Triurccs.-Jccriun 33.)
' 33. (a) Ail sratemenLs prcpared under sec~ion30, so Far as they Snnclion or
SWIG
relate to ofticers carrying a salary of more chan one thousand rupees Govern-
peI'IIICIISeIl1. ment
rcquirzd 10
certain
( b ) all rules made under 3[clause (b). clause (c), clause Id), sIaIcmznls. I
clause I r ) or clause #] of seclion 3 1 , and rule5 md
orders.
( 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[onethousand and
five hundred rupees] per I H P I I S ~ I Iexcepl
I, orders granting
leave 10 * * * any such ot'ficer,
shall be subjecr to [ha previous sanction of the '[Statc Govern-
ment].
3 ~ u h s ~ i r u rfor
~ dthe words "clausc (6) or clausc (I-)" by s. 21 or hr: Calculla
Irnpruvemcnt (Amcndmenl) Acr, 1955 (WCSI Bcn, Ac! X X X l l or 1955).
'The word!: within squnru brackets rvcrc subsri~u(cdlor 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 words
c wi~hinsquare hrackcrs werc suhsliruied for rhc wordr ' b n e thou~and
rupccs" by s. 12(b), ilrid.
bThc words ",or suspending." wcrc ornilled by s. 12(4:), ilrid.
LatestLaws.com
[Ben. Act V
(Cllaprct.!/.-The Board ofTru~.t~es.-Sectinns34,3S.-Cl10pter
111.-ltrlpro yenrerlr S c l ~ e ~ n e ~ ~ . - S e35A.)
crio~~
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 [heirpay, privileges
and allowances.
Dclega~ion 35. The Chairman may, by general or special order in
(1)
or ccrrain of
Chairman's
writing, delegate ta any olticer of the Board any of the Chairman's
Iuncriuns. pnwers. duties or functionsunder 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 1 5 8 :
Provided as follows : -
(a) [heChai 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 * * * *
CHAPTER I11
4
Undcrrak- 35A. The Board may, subject to the provisions of this Ac[,
ing of
works and undenake any works and incur any expenditure for the improvement
incurring or and development o f any area to which this Act applies and for the
enpcndi~\~rc
for framing and execution of such improve men^ schemes as may be
devclop- , necessary from time Lo time.
men1 01'
arcx<.
'Thc words within square brackers were substi~u~ed Tor the words "onc lhousmd
rupees" by s. I J ( l J 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~hcCalcu~ralmprovcmenr (Arnendn~cnt)Acr. 1955 (West Bcn. 'Act XXXl I
of 1055).
'Sccliuns 3SA. 350, 35C. and 35D wcre insurted by 6 . 23, ilritl.
LatestLaws.com
I
'35B.When Framing an improvement scheme in respect of any Mnt~trslo
be
area, regard shall be had t e considcrcd
7: when
(a) the nature and the conditions of neighbouring areas and o f framing
Calcuttil as a whole ; improvc-
rnent
schcmcs.
( b ) [he several directions in which the expansion a f Calculta
appears likely to take place ; and
(c) [he likelihood of improve men^ schemes being required for
other parts of Calcuua.
.
.......
.. . . ..
'35C. ( I ] An improvmen~scheme may provide for all or any of Malrcrs (0 . .
be providcd . . ,..
[he following mauers, namely :- Tor in
T f ~Crrlc-rrtto
e Acr, 19I I .
h~lproveurerr~
Schen~es.-Sec~iotrs37, 38.)
(Clrapter ilI.-l~r~prr~vcr~~ei~t
I
[Ben. Act V !
the Corporalion may, if they think fit, rcfer the matter to the
' [Srale Government].
(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 circum-
stances, (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).
When crrccl 39. Whenever the Board are o f opinion [hat, for the purpose
schcmc may
be rra~ncd. of-
(0) providing building-sites, or
( b ) remedying defcc~iveventilalion, or
{c) creating new, or improving existing, means of communi-
cation and facilities for trafic, or
(dl affording betler facili~iesfor 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 lit.
Housing 239~. Whenever the Board are of opinion that it is expedient and
accom mn-
daiinn for [he public advantage to provide housing accommoda~ionfor any
scheme. class of persons in any area to which this Act applies, the Board may
frame a schemc to be called a housing accommoda~ionscheme, for the
aforesaid purpose.
Rchousin~ '39B. The Board may hn~eschemes(in this Act calledrehousing
pcrsons
displaced schemes) For [he cansrruction, maintenance and management of such
hv and so many dwellings, shops and other classes of accommodation as
improvc-
mcnl thcy may consider ought tu be provided,for persons who-
schcmes. (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~eciinosNh. 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 X X X l l or 1955).
LatestLaws.com
1 Tmrlsrnis-
44. The Commissioner of rhc ~orporarion,[he Chairman of
sion ro
any Municipalily, the General Manager of the Calcutta Metropolitan Hu;1rd
W a l e r and Sanilation Authority or ihe Chief Excculive Officer ot'the rcprcstnla-
lion by
C a l c u t t a Metropolitan Development Aurhority, ro whom a c o p y of the Corl~ora-
nolice has been sent under clause (ii) of sub-secrion (2) of section 43 tiun.
Municipal-
shall,.wi[hin a period of sixty days from the dare of receipt of [he said 11y ur
cupy, forward to the Board any represenrariun which the Corporarion, Autllori iy.
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
wl, ucn, - under the West Bengal Town and Counlry (Planning a n d ' ~ g v e l o ~ -
XIII of
A C ~ ~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~vingthe hrst day 0 1 1 Scrvicc or
nolicc as lo
which any norice is published under section 43 in rcspecr of any prnpo~cd
improvernen~scheme, the Board shall scrve a notice on- acquisilion
o f land or
[i) every person whose name appcars in he m u n i c i p a l assess- rrcovsry of
mcnr-book as being primarily l i l t b l e to pay the owner's blsllerrncnr
kc.
share of the consolidated ra1e;ur the ratc on the a n n u a l
value of ItoIdings, as ~llecasemay 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.
l y scc~ion4 4 was subs\iiutsd ror Ihc original srcrion by para. 2 or. ;~nd
' ~ ~ r s l lhc
the Third Sch. io. thc Calcuri;t Mclroj>nlih~n iVarsr and Samilnrion Aurhnri~yAct, 1966
( W s r Bcn. Aur Xlll of 1'166) and lhcrcaltcr ihc samc was resubstiru~cdhy F. 15 u l thc
Cdlcul~al ~ ~ i p r o v c m (Arnzndrncnl)
rn~ Acl, 1982 (Wcsi Ben. Act X L I t of 1383). Prior
I n h c s c subsrilurions lllerc was a clinnge i n thc ongin:tl scclion 4 4 , namely : -
(il Tile words "Eaccutivc OI'hccr of ~ h Corporalion"
c in secriuns 44 and 36 w r r t
uri~inallysubstiiuied Tor rhr: \turds "C1i~irm;inor rhc Corpura~ion"by s. 2 ;!nd ihc
Firs1 Sch. of 1l1c Rcngal Rrpe;rling and Arncnding Aci. 1938 [Bcn. Aci Iuf 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~ral~liprnvemcni(A~ncndmcni)
ALL, 1955 (IVesl Bcn. Acr X X X l l ui 1955).
q l l c s c words wcrz inscncd by s. J(I) or the Calculta Iinpruvcmcnt (Alnendmenr)
ACI, 1931 (Bvn. Act VIII n i 1731).
LatestLaws.com
Acr, I91 1
Tlie Culcrrttrr Itr~pr-ove~nort
Act, 191 1.
Tire Calctrtta ln~proverr~er~r
Provided as follows :-
(n) if 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 eGovernmenr];
(6) ifanyaIterarioninvolvestheacquisition,otherwisethanby
agreement, af any land the acquisition of which has not
'
been sanc~ionedby [he [ ~ t a t e ~ o v e m m e n ttheprocedure
],
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 43,45and37 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.
Provided as Follows :-
i the wid~hof an existing streel need not be increased lo [he
minimum required by this section, i f the Board consider ir
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
schcrne, uT
Corporation, or buildine. or
land vGied
(h) is situated inany 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~ra
sioners of [hat Municipali~y,
. .
Municipal-
is within the area of any improvement scheme and is required for the
purposes of such scheme, [he Board shall give notice accordingly to
iry.
1
the 3[~ommissionerof 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 Tihc original scc~ionby 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.
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 Board
c 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-
t ~ and no dcclaration is made by Board lhar the land will be
s e c ~ i o (1)
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~uatedon 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~raryto the Icrlns of the dcclaration,
so that ~ h land
c 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.
'~ubsritutcdfor 111cwords ";I( rhc iimc whcn gncral dcclnr~tionin rcspccl of other
Ii~ndsincludcd 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 X X X l l or 1955).
LatestLaws.com
T f ~Calcrrrro
e ~ ~ 1.
t ~ e ~191
I ~ ~ r p r - o v c tAct, 335 I
L~CII.
,
55. ( 1 ) Whenever any street or square or part thereof which is not
ves~edin ~ h cBoard or in [he Corporation or in [he Commissioners of
any ~ u n i c i ~ a constituted
lit~ ur~dcrthc~ c n g a~unicipal
l ~ c r [, 19321, ' bqdz
.,
Trmsrcr of
,,
priv;\lc
' : r:;
1
I.
.
, -
-
-.
xv or is required for executing any improvcmcnt schemc, [he Board shall purposcs or
1932.
cause to be ;affixed in aconspicuous place in or near such street, square ,,
~nlpro\?z-
SCIICI~C,
or part. a noiice, signed by the Chairman, and
(a) staling thc purpose lirrr which the street, square or part is
rcquircd. and
[Ben. Act V
I
Provision 56. (I) When any building, or any slreet, square or other land, or
of drain or
walchvork any pan thereof, has vested in thc Board undcr scction 54 or sccrion
lo wplacc 55, no municipal drain or walerwork lhcrcin shall vest in [he Board
another
silualcd on
until anolherdrain or waterwork (as thccase may be). i f required, has
land vcsrcd been provided by the Board, to the satisfaction of [he '[Corporarion of
i n the Calcuua] or of the Commissioners of [he Municipaliry consrituted
Board
undcr under the Bengal Municipal Act, 2[1 9321, as the casc may be, in place Bcn. Acl
sccrion 54 of the Former drain or work. xv or
1932,
or stcriun
55, (2) If any question or dispure arises as lo w h e ~ l ~ eanorher
r 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[State 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 a l 195 1 1 shall not apply to any street which
thc Calculla ~ u n i c i ~Acl, W c s ~Ben.
secrions of is ves~edin [he Board. ACI XXXIII
111c Calcurra of 1951.
Municipal ( 2 ) 5 [ ~ u l e5sand 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 Board.
c
Repair and 58. Whenever lheBoard allow any street vested in them to be used
wa~cringor
slr<e!s for public traffic,-
vcs~cdi 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 cwords tvcrc subsliturrd Tor the wurds "Gzncral Colnmir~cc"by s. 2 and
rhc Firs1 Sch. or llic Hengal Repealing and Amending Acl. 1938 (Hcn. ACLIor 19391,
para. (6)or foor-norc 3 on pagc 328, urlrp.
IScc Cuul-nulr: 2 un pagc 303. tlr~!~.
%ubsri~utcdCor rhr wurds "sccrions 296. 297 and 307. ;ind clausr: ( u ) or section
306, o f thc Calcurra Municipal ACI. 1923" hy s. 36(r1)or ihc Calcul~aIniprovcn~cnr
(Arnund~xicni)Act. 1955 (~VCSIBcn. ACLXXXII of 1955).
"ubsriru~cd for the wurds, [igurcs and tcrtcrs -'Rules 4 and 5 in Schcdulc X V I lo"
by s. 36(6)(i), ibirl,
bSubsriru~cdTor rhc word and 6gur.e "rule 4" by s. 36(b)(ii), ibirl.
LatestLaws.com
59. Whenever any drain in, or the pavement or surface of, any Guarding
and lighling
street vested in the Board is opened or broken up by the Board for the wllcn slrccl
9
purpose of carrying on any work, vcslcd in
rhc Hoard is
opcncd or
or whencvcr the Board allow any street which [hey have under broken up,
construction LO bc uscd for public traffic, or whcn
wrcet is
undcr
the Board shall causc the place to be fenced and guarded and LO be cons~ruclion
sufficiently lighted during the night, and shall take proper precautions and specdy
cornplclion
for guarding against accident by shoring up and pro~ectingadjoining or work.
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 Prcvcnrion
or
by the Board in any public street vested'in them, or when any other rcslricrion
work which may lnwiully be done is being executed by the Board in o l trailic in
sircci vcsrcd
any st rcct vested in them, the Board may direct [hat such slreet shall, in lhc
during the progress of such work, be either wholly or partially closed Board.
during
to lraffic generally or to Iraffic of any specified description. 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 t h e e x l e h so directed, and shall fix such bars, chains or posrs
across OF in [hc street as they may think proper For preventing ur
res~rictinguaftic [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-
lion, when
(a) the passage or diversion of [raffic ; work i s
cxccu~cdby
( 6 ) securing access to all premises approached from such ~~~d in
street ; and public succt
vzsrtd in
them.
(c) any drainage, water-supply or means of lighting which is
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.
LatestLaws.com
Tire CrrlcrrftuItr~p~-c~venlerrr
Act, 191 1. I
'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
Acl, 1955 (IVesl Rcn. Acr XXXII or 19551,
IA~nrnrlrntn~)
LatestLaws.com
i
Act, 1911
The Calcrrtta Ir~~provemerrr
[Ben. Act V ,
(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
( 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[orthe proposed pu blicpark]
conIemp1;ited by such plan, and
(b) any represenra~ionin 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~eGovernment] 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
t c ] in locaI newspa-
two consecu~iveweeks in rhe b [ ~ f i c i r r l ~ r t z e tand
pers.
-
' ~ h cwords "Exccuiivc Olficcr o f hlr Corporalion" were originally subsri~urcd
lar tl~cwords "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~ccurivcOTficer" by s. 37(b)(iv)
of rhc Calcutia Improvement (Amendment) Act. 1955 (Wzsi Bcn. XXXII of 1955).
Ilnseried by s. 37(clli), ibid.
by s, 37[t:)(ii), il>irl.
3~nscr~cd
'SCC foot-now 2 on page 3U.7, nrlre.
T f ~Calcrrrra
e Act, 1911.
I~nproventer~r
[Ben. AcL V
(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~weenthe street alignment and the building
line 2[or wirhin the area comprised in the projected public
, park], as the case may be ;
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,
In~provernenrAcr, 191 1.
The Cr~lci~tta
[Ben. Act V ,
(Ckoprer lib-br~prove~~~errr Sche~rlnes.4ecriot167.-
IV.-Acqrrisition a ~ l dDisposal of lnnd.Sections.68, 69.)
Cf~apter
CHAPTER IV
Acquisition and Disposal of Land.
Power 10
68. Thc Board may enter into an agreement with any person for
purch~seor
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~ionof the State Government.
Co~npulsoryAcquisitiorr.
...
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. 5Exp1a11arion.-The power of the Board to acquire land under the
--
' ~ h cwords "which ~ h sBoard are aurhorizcd ro acquirc" wcrc nrnilted by s.
BB(l)(a) o(the Calcu~wImprovrmrn~(Amcndrncnl) Acl, 1955 (Wcsl Ben. Act XXXlI
o i 1955).
21nser~rdby s. 3911)(b), ibid.
~ r " added by s. 39IZ). ibid.
3 " ~ r p l a t r r ~ t i r ~was
'.Tee h o l - n o ~ e2 on page 303, utile.
r " added by s. 40 or rhc Catcurlil Irnprnvcmenl (Amcndrnenl)
5 ' 1 3 p l n ~ ~ d f i o ~was
Act, 1955 (WCSI Ben. AcC XXXll oT 1955).
LatestLaws.com
Act, 191 1.
Tlre Colcrrrrn 11~1prnvet~rent
i
[Cl~npier1V.-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 ~heptovisoto sub.secrion
(3), be eligible for reappoin~mentat 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 Ihe 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 'ISrate 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~inta fit person tu be a
member in his place.
(7) All appointments madc undcr this section shall be published
by notificadon.
Rc~nuncra- 73. Each member of the Tribunal shall be entitled to receive such
tion ul'
rnclnhrrs nf remuneration, eilher by way of monthly salary or by way of fees, or
Tfiuna1. partlyinoneufthosewaysandpartlyintheother.asthe'[~tate
Guvernmenr] may prescribe.
scrvilnrs or
74. ( 1 ) The Presiden~of the Tribunal shall, from time to time,
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.
[Ben. Act V
(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 it 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;
person from whom the Board have arranged to accept rhe sum so fixed
may, if 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 ~ iof
t y interest
'[at such rate nor exceeding d{tenper eel!!. per ot~nrrtrl)as
the '(State Government) may fix by notification.] and 10
make the Firs1annuill 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, I894, accept immediate payment of [he stid sum instead of an
agreemenr as ahresaid.
( 5 ) When any agreement has been executed in pursuance o f
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 words
c "dccidl: [a"wch: omirttd by s. 45 ( n ) ( i ) of thc Caluurra Irnpmvcmrnt
(Arncndrnrnl) ACI. 1955 [Wcsl Bvn. Acr XXXlt of 1955).
2~ubatitutcdCor thc words "and tlic 0o;~rdshall 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 ! .
by s. 1 bar tllc C;~lcullaImpruvcmcn~(AmenJmcn~)AcI, 1983 (West Ben.
ptr rtrr~~rtrrr"
Act KLII or 1983).
LatestLaws.com
(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~edin 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 in 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 o f the person first aforesaid)
claiming to have an interest in the land.
2(10) Notwithstanding anyrhing contained in 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
per r ~ r l r l t r r !in
be, or continue to be, four per ct.r~r. ~ 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~hinrwo 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 cwords 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 1l1cCalcutta Impruvzmcnt (Amcndmcnr) Acl. 1934 [Bcn. Acl I1 o f 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. h u t I[ ol 1925).
LatestLaws.com
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 ~ r a v e r n e n(Amendment)
t 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 [hesame time
fix 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 land
e 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 eJee.
r~t
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 cCalculrn 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~inIrnprovarncn~(Arncndmunt) Acr, 193 1 (Ber~.ACLVIIl
of 1931).
LatestLaws.com
'?.
'78B. (I) When i t appears to the Board [hat an improvemen1 Asscssrncnr
or berler-
scheme is sufFiciently advanced to enable [he amount of the betterment rncnl Ccc
fee to be determined, the Board shall by a,resolulion passed in this by Board.
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 t h a ~the Board propose to assess the
amount OF the betterment fee payable in respect OF 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 ~ shall
e n ~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.
(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 arbitrator21whoshall act asan umpire] shall
be selected by lot from the first parr of [he paneI, and 3[the decision ,
. ,.
.
55rr IOOI-~OIC
2 nn p;~gc354. tillre.
LatestLaws.com
q h r : word< wilhin squarc brackcts wcrc substiru~cdlor rhc words "six per cctlf.
pcr otmrr~t~" by 6 . 17 ui thr: Calcurra lmprovcmcnr (A~ilendnicn~)
Act. 1983 (We51 Hcn.
Acl X L l l of 14R3).
' ~ h cwords 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.
LatestLaws.com
R C C O L ' Lof
'~~ 79. 'AIImoney payable in respect of any land by any person under
moncy an agreement exccuted in pursuance of sub-section (4) of section 78,
pyablc in
pursuance or by any person in respcct ofa bet~emenl'feeunder sec~ion78B or
or sccrions section 78C, nr by any person under an agreement execulcd in
78. 788.
78C or pursuance of scction 7XG, sub-secti on (I), shall be recoverablc by the
7SG. Board (logether with interest, 2[due, up to ihe date of reaIization.
which shall, in thecaseofbetter~ncntfees under section 78Borsection
7SC. be] ar the rntc of 3(tenper-cc~~r. from Ihe said person
p~!ro~~nrittr]),
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- W e s ~Ben.
A a XXXlll
dated rate ; of 1951.
?his sub-heading and this paragraph wcrc sub~tirurcd Tor thr original Cirst
p n f i ~ ~ r qhyh s. 8 of 111cCalcutraIniprovcr~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~rirutrdfor Lhe words "six pfr cerrf.
' ' s. I $ uf rhc Caleuttn Irnprovemcnt (Anicndment) Act. 1983 (Wtsl Bcn.
per c r ~ r r l r r ~ ~ rby
Acr XLtI OT 1983).
d ~ u b s ~ i t u ~for
c drhl: words m d , 6gurcs "thc C a l c u ~ ~Municipal
a Act, 1923," by
s. 47 or 1111: Calcurtn Irnprovcnicnl (Arncnd~wnt)Act. 1955 (West Bcn. Ac1 X X X I I
o r 1955).
b~ubs~iiultdfor lhr words and figures "the Cnlculra Municipal Ac1. 1923" by s.
4H of rhc Cnlcu~raImpmvc~ncnr(Amendment) ACI. 1955 (Wcsr Bco. Acr XXXll o i
1955).
LatestLaws.com
[Ben. Act V
West Bcngal Housing Board Act, 1972 (hereinafter referred to as the west Ben.
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~uarymortgage) 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 if 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 loui-now
r 3 on pngc 359. rrrlre.
2 ~ v c ~ i oK 2n was cx~cndcdlo 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~cdthc 30th Ocrabcr.
191 1.
LatestLaws.com
(4) All collections resulting from the said increase shall, after
7.
deducling incidental expenses (if any), be paid to the Board at such
time as may b e 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~yor ~ h e H o w r a hMunicipality 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.
[Ben. Act V
T f ~Calcrrrrrr
c Act, 191 1.
Irnproverner~~ 363
Ditty on Jrrru.
C~utor~rs
84. ( I ) A customs duty shall be levied and collec[ed on all jure Cuslolns
dury on
exporled by sea l'ro~nthe Port of Calculta to any other porr. whether cxporls c d
beyond or wilhin India, at such rile, not exceeding,- julc from
C ~ l ~ u i by
13
( a ) in the casc of raw jure (including jutc cuttings and rejec- Ct3.
&Thcsc ligurrs wcrc si~bslilurcdfor IIIC 1igurr.s "I 1141" hy s. ? and tlir! Rrsr Sch.
or rht Bcngal Repealing and Alncnding Acr. 193s (Bcn. ACI I of 1939).
n in sn Car a<it arrccrs scuiiun 32. was cxlcndcd to Ea~lcrnB e n g ~ lby
' ~ c c ~ i v86.
rhc Bengal Laws hcr, 1914 (Dm. Act I uf 1914). s. 3. Srh. 1.
LatestLaws.com
1 .-
2-
(I)Omitring to make any relurn re- Fine not exceeding one
quired by section 83. sub-section (31, thousand rupces.
or, refusing to sign or complelc the
same.
(2) Making and delivering any such Thepenally providedinthe
return conmining any sraternent not lndian Penal Code, section
true lo rhe best u l the information and 199 for makinga falsessra~e- Acr XLV o l
1860.
belief of [he person making rhe same. mcnr in a declaration.
(3) Otherwise contravening any rule Finc not exceeding five
made undcr sccrion 86. hundred rupees.
CIIAPTER VI
Finance.
' ~ r rfor)(-nnlr:
' 2 on pagc 303. rurfc.
'~rclion ShA wxs iinlcrlcd by s . 20 of the Calculli~Improvemcnl (An~cndmenr)
ACI. 19H3 (Wesl Bcn. ACI XLll nf 198183).
LatestLaws.com
~ c ~ ~191
Tfte Cu1crr;ta I ~ ~ l p r o v e n Acr, r 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~rluof bor-rowirrg r~~urrey.]-Rcp.by 111cDCVO-
Irtrion Acr, 1920 (XXXVIII of 1920.)
Y 1. Wherever the borrowing of any sum has bcen approved under Loans rrum
Banks.
section 89, rhe Board may, instead of borrowing such sum or any part
thereof from \he public, 3* * * take credi~from any Bank, on a cash
in the name of the Board. to thecxrenr of such sum
account to be k e p ~
or pan ;
and, with the previous sanccion of the '[state Government] m a y
grant mortgages oF all or any propcrty vcsrcd in the Board by way o f
securing thcpaymenr of the amount of such credit-orof 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~icularloan, no portion thereof shall be applied to any money to
other purpose wirhnut the previous sanction of the ' [Sme Govern- ~ ~ ~ ~
menl]. rhuse h r s ~
approved.
93. ( 1 ) Whenever~noneyis borrowed by the Board un debentures. Form.
[he debentures shall be in such form us [he Board, wilh previuus
s a ~ ~ c t i oofn [he ' [ ~ l a l eGovernrnenll, may from time tu lime deter-
~in~nsfrr
~ ~ :~nd
~ ~ & ' a
c(lcc1 o r
mine. dcbcnlurrs.
(2) All deben~uresshall 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 yfrom time lo lime detemiine, a debenwre in any other
form so prescribed.
'SPP loor-nok 2 on pngc 303. ~urfc.
2 ~ ~proviso
l c wits m i t t c d by para. 3 and S c l ~ .IV to l l ~ eGovernmen1 uT India
(Adap~atiunoC Indian Laws) Order. 1937.
9 h c words and hgurcs "bur subjccr to any difr.c~iclogiven 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).
LatestLaws.com
Acr, 1911.
The C(rlcrr~tuhtlpl-ovct~~et~t I
[Ben. Act V
Sig11a1ur~' 94. A11 coupons at~achedto debentures issued under this Act shall
or ccupons
altachrd tu bear Ihc signature of [he Chairman; and such signamre may be ., . . .
, - ,
. .
Payments lo 95. When any debenlurc or security issued under this Act is
survivors oC
joint
payablc to two or more persons join~ly,and eilher or any of [hem dies, I
Receipt by 96. Where two or Inore persons arejoint holders of any dcbrn~ure
join1 lloldcr
Tor intcrcs~ or securily issued under lhis Acl, any one of such persons may give an
or effectual receipt forany interest or dividend payable in respect of such
dividend.
debenlure or securily, unless notice to the contrary has been given LO
the Board by ally olhcr ol'sbch persons.
Priori~ynT 97. All payments due from the Board for interesl on, or ~ h c
pay m r n l s
for intcrcs~ repayment of. loans, shall be made in priority to all other payments
and due from the Board.
rcpnymcnl
or loans.
Repiiyrncnl 98. Every loan taken by r11c Board undcr secrion 89shall be repaid
or loans
taken undcr within the period iipprt~~etl by ~ h '[State
c govern men^] under lhat
scction 89, 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
LatestLaws.com
LatestLaws.com
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 fuiid shall as soon as Invr~tmcni
possible be invested. under thc orders of [he Bnard, in- or sinking
runds.
l o ) Government securirics, or
( b ) securiliesgi~aratireed'[by thecentral or any S~ateGovern-
men[], or
(c) Calcutta Municipal debenrures, or
Cool-nolc
' ~ c c 1 un page 303, orlre.
?he words "hy thc Ccnlral ur any Provincial Cuvcmn~cn~" rvcrc nriginnlly
subs~i~utedror 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 ~lhc
cr
word "Sratc" was subsri~urcdI v r ~ h cword "Provincial" by paragraph 411) of 1l1c
Adnptarinn of L;iws Ordcr, 1950.
LatestLaws.com
LatestLaws.com
Act, 191 1.
The Ccrlcrrrro I~)rprove~net~r
[Ben. Act V i
Acr, 1911.
Tlre Colcrrrrn I~ttprovert~errr
of 1911 .]
105.)
(Choptcr VIP-Fi'il~nt~ce.Sectio~i
(2) The Board shall forthwi~hpay into any sinking fund any
amount which the Accountant-General may cerrify lo be deficienr,
unless the ' [ ~ r a l eGovernment1 specially sanction a gradual readjust-
ment :
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 ~hcruafierrhc 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 X X X l I or 1955)-
LatestLaws.com
I Acr, 191 1.
Tlie Cttlcu~tuItrrpr*ovc~net~ 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
scclion 152, of the Calcutta Municipal Acr, 195 I],shall. with all Wcst Rcn.
I
I:
:.
AcI X X X I I I
necessary modifications, be dcemcd to apply. u f 1951
(2) Whenever [he 3[~ommissionerof 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 maxi-
mum 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 ~ h a no
l 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.
Proccdurc 1106. If the 5[~ommissionerofthe Corporation] fails to make any
i C Chairman
or paymenl as required by sec~ion88 or seclion 105, rhe tare
Corpur;\lion Government] may attach !he Municipal Funds or any of them ;
fails ta
make any and thereupon the provisions of '[sub-seclion (2) of section 152 of
paymcnr
due l u the Calcutla Municipal Act, 19511, shall, with all necessary
Board or modi hcalions, be deemed to apply, and the '[state Government] may
Accoun-
tant-
General.
'SPC fool-no~c2 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 1 0 5 f l ) and lOh wpm originally substilutcd for thc
wnrds, hrackcls and figurcs "sub-ssciiun ( 2 ) of sdc~ion14 lor ihc Cnlculta Municipal
Act, 1899" hy s,2 and rhc firs1 Sch. or rhe Rcngal Rcpcaling and Amending Acr, 1938
(Hun. ACLI or 1939). md rhurval~vrrhc 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. 5 2 f 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 ifor
r ~ ~ i i words
c and figures "srcrion 124 o f ~ l Calculla
~c Municipal Act.
192.1" by 5. 52 ( 2 ) f I ~of ) ~llcCalcu~ta[mpror-emen1 (Amcndmcnt) Act, 1955 (WCSI
Ben. Act XXXll or 1955).
?he wurds "Execuliue OChccr of lllc Corporalion'. in thc two placcs i n seclion
106 and i n srcliuns 107 i!nd II1 werc onginally subsiirulcd lor the words "Chairman
or thc Curporalion" by s. 2 ;md the Firs1 Sch. or ihc Bcngal Repealing and Amending
h c l , 1938 (Dcn. Act I o f 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 X X X I I 01
1955).
LatestLaws.com
B i t d ~ c tEs~ir)rrr~~.s.
108. (I)The Chairman shall, ilr 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 o f the Board i ~ n dfor 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 [ ~ l a t Government]
e ar the Board may from rime to
time direct.
(4) Every such esrimate shall be comple~edand 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~tilutcdfor ~ l l ckvnrd~.
brackets. Iclicr m d hgures. "vlnusc (n) or scciion 147". hy c. 2 and the Firct Sch. or
Izh Brngal Rupcaling and Amc~dingAci, 1938 (Rcn. Act 1 o i 1939). Thereilfier the
words and figurcs "scciion I65 or il~arAct'' wcrr: suhsliiu~zdTur the words i d figures
"szciiun I24 or rhc Aci" by s. 53(3) of i l ~ cCalcuiia Irnprovemeni (Amendment) Aci,
1955 ( W c s ~Bcn. Aci X X X I I or 1955).
7 7 1C
~ ~ I C I fI tI~I~~p r o v e tAct,
~ ~ ~1911.
t~t
I
[Ben. Act V I
Approval 110. ( I ) Every suul~estimate, as sanclioned by the Board, shall be [: . : ' : .: ..:
oi S l a ~ 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
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 and the Chairman shall at such special meeting lay before the Board
csrimarc
attzr ~ h c an cstimate of the income and expendime of the Board for the portion
conslilurio'l
uf the
of the tinancial year which (In the said day had not expired.
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
locs'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 uthe
~ previous sanction of the '[state Government].
(3) The following items shall beexcepted from the provisions of
sub-sections( I ) and (21, namely.
Acr, 1911.
Tlic C(tlctrrrf~I~,~ryrovo~errr I
I
[Ben. Act V I
(Clirrprer- V1.-Fi~rntrcc.Secriw~s118. I 1 9.)
'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).
~ . ~ ~125.)
(Chapter V I . - F i n a r ~ c e . S e c t i u ~124.
' ~ h e s ewords. 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~urcdfor [he figures "175". ilrid.
b~ubstiiurcdFor the rormcr clause by s. 63 or rhc Calcuria Improvemcnl
(Amendment) ACI, 1955 (West Ben. ACI XXXII o f 1955).
LatestLaws.com
The Cnicrr~~n
/t~iprnvenretl!ACI. 1911. 37C)
126. If, at any timc aRer any surplus referrcd to in section 125, P()\wr 1 0
, '
sub-seciion (2), has been invested, the [ S ~ a ~ e G o v c r ~ ~ mi ses:t~isl'ied
nt]
dircci snls
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 l,c
the investment. rcv~~nt~c
~~UCOUIII is
iilvvsivd.
T l ~ eCulcrrrra lr~rprovetr~et~~
Act, 1911.
[Ben. Act V
I
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[Commissionerof 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.
(2) for prescribing the maximum sum which may be paid LO any I.. . .
., person by way of fees under section 22 ; 1 ; ,-. :, ;
! -
(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
'(34for 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 prescribingthe 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~ion1 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 I
.
.
..
. . .
.
.
.
. .
delivered under section 43, sub-section (3),'[or clause (iv) . .
Tire Calcu~tuIt~~provement
Act, 191 1.
I
[Ben. Acl V
I
Publicalion 141. When any rulehas bcen made under seclion 86 or section 137,
of mlcs,
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.
Prinling 142. (1) The Chairman shall cause all rules made under scclion
and sale uf
copizs & 86. section 137 or section 138 and for the time being in force lo be
rulcs. 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.
146. The Board sh;lll be liabic to pay such contriburions for the Conrri bu-
lions by
leave-allowances and pensions of any 3[servant of he Government] Ronrd
employed as Chairman or as an officer or scrvant of the Board, as a i o w ~ r d s
leavc-
membcr or officer or servant of rhe Tribunal. as may be Plrequired, allowances
by he condit inns o f his servicc under the Govcrnrnenl, to be paid by and
pcnsivns or
him or on his behalf.] scrvanrs o f
the
'.%c foot-now 2 on p a p 303. nrlrc. Govern-
mcnl
' ~ h cword< "survwtr or rhc Crown" wcrc "riginally subslituicd lor thc words
crnpl~ycd
"Govr.r~lnicnt scrv;inls" hy s.2 nf. and the F i r u 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~sdIbr lhr: nmord "Crown" b y pnrigraph J(1) uT thc Adap~arion
of Laws Ordcr. 1950.
?ltc words "scrvnnl uT tlit C r ~ l b n "~ v t r eoriginally ~ u b s ~ i i u i clor
d the words
-'Guvcrnmcnl servant" by pnra.3 and Sch.lV i n lllu Govrmrilcn~ol India (Adaptation
o l India11Laws) Ordcr. 1937. iind thzrcaltcr lhr: \bmurd"Covcmmcnl" wax subs~itui<d
for the wurd "Cruwn" by ~jaragmph4 f I ) of ihc 11dapt:t{iun nl' L n v s Order. 1950.
?hc words "rrquircd. hy the condiiinos nT strvicz u~idrrthc Crurvn. lo hc paid
by him or on his buh;~lf' wrrc nriginally subslilu<ed lor t l ~ cwordn "prcscribcd in :my
gcncral nr sprcial ardcrs of thc Govrrnmsnl for rcgulaling t l ~ ctransrrr or Govcrn~itcnr
scrvnnrs to forcign scrvict: " by para. 3 .uld Sch. 1V to thc Gui,rrnir~cniof India
(Adapla~iunoi 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.
LatestLaws.com
Act, I9 I I .
Tlie Calcurtu I~rrproverner~r
[Ben. Act V
Acr v 05
1898.
151. Notwithstanding anythingconlained in the Code of Criminal
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 ACLor 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.
[Ben. Act V
i
offence is made before '[a hlelropoli tan Magistrate within Ihrec 1 -. -
'me words wilhin square brackcts wrrc suhsti~utedror 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 a l 1983).
LatestLaws.com
Act, 1911.
Tlre Calcutta I~t~proven~et~r
159. Whenever, under this Act or any rule made hereunder, the Proof or
conscnl,
doing or the omitting 10 do anything or the validity of anything etc., of
depends upon the approval, sanction, consem. concurrence, dcclara- B o d or
Chairrnnn
tion, opinion or sarisfaction or - or officer I
or s c r v m ~
(a] the Board or (he Chairman, or or BOX^. I
[Ben. Act V i
160-1 62.)
(Chapter VIII.-S~pplen~enralProvisi~~~s.-Secriot~s I
Validation.
Validation 160. ( I ) No act done or proceeding taken under this Act shall be
af acts and
procced-
questioned on the ground merely of -
ings.
(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~ionof section 23 : or
d ) the failureto servea notice under sec~ion45 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 (Ir),
shall be taken to have been duly convened and to be free from all defect
and i~regularity.
General 161. In any case not otherwise expressly provided for in this Act,
power of
Board ro the Board may pay reasonable compensation to any person who
Pay sustains damage by reason of the exercise of any of the powers vested,
compensa-
tion. 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.
Compcnsa- 162. { I ) If, on account ofany act oromission, anyperson has been
lion to be
pnid by convicted of an offence against.lhis Act or any rule made hereunder,
offenders and, by reason of the same act or omission of the said person, damage
Tor dmngc has occurred to any properry of [he Board, compensation shall be paid
caused by
them. by the said person for the said damage, no~wirhstandingany punish-
ment to which he may have been sentenced for [he said offence.
LatestLaws.com
C / ofr I .1 p 1P iI 167,168.)
Power ID
167. The Board may-
makc
surveys, ur (nl causc a survcy of any land 'lor acivic or diagnos~icsurvey
vunrri burc
lorvnrds of any area] lo be made, whencver'they consider that a
rhir cost. survey is necessary or expedien~forcanying our any ofthe
purposcs of this Act, or
(bJ conuibu~etowardsthe cost of any such survey made by any
other local authority,
Power of E~rrry.
Power of 168. ( 1 ) The Chairman 2[or any o~herofficer of the Board
cnrry.
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~othe 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 hereunderor any scheme which
the Board intend to frame hereunder :
Provided as follows :-
(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 ;
' I ~ Culctr
P Act, 191 1.
t ~ r rI~~jlrrovcr~lutrr
' S ~ root-nut2
P 2 un pagc 3U3. m l r t . .
2 ~ f ? ff001-n01~3 Un pilgC 3'13. <1I1fF.
'~ccrions 177 i ~ n d177A wcrc subsriiurcd fur thc nriginnl scc~iun177 hy para. 2
nf. md ~ h Schcdulc
c ru. thc Calcutta Mclropolilan Devcloprncnt ~ u l h u r i r yACI. I972
(Wccr Hcn. Acr XI of 1972)-rec .wurion 6 of thc Calcutta M c r m p o l 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~ion177, ns~r~cly:-
((I) The wards "Provincial Govcrnmcnt" wsn: nri~inalyhubstitulcd for rhc wurds
" L o v ~ l~ovrrnmen1"~hy pam. 4 0 ) o f thc Guv~.mrncnro 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 cprrvinus smcrion of the Govcrniucnr of India" wem
ur~litrcdby tlie D z v o l u ~ i oAci.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;~lingand An~cndingAcl. 1'1.78 (Hcn.Act 1 or 1939). and thcrcarrcr Ihc
word "Chairman" w ~ substitu~<J
s for rhe wurds "Exccurivc Orficrr" by s.72 o f ihc
Calculla Iniprovc~nc~~r(A~ucndnrcni)ACI. 1955 (Wrsi Ren.Act XXXII or 1955).
LatestLaws.com
THE SCHEDULE 1
;
.. .. ., .
. ,.:. .--.
. --' - . ...
:
Amznd- 3. In section 15, for the word and figures "and 24" [he figures,
mcnr or
section 15. word and letter "24 and 2 4 A shall be dccmed to be substituted.
Amcnd- 4. ( 1 ) In sec~ion17. sub-section (3), al'ter the figures "24" the
men1 o f words, figures and Ic~rer"or scclion 34A" shall be deemed to be
scctinn 17.
inserted.
-
'lnscncd by s. 7 4 n ) ul. thc Cnlvurr3 l~nprovzmcnt(Amendmcnl) Aci. 19% (Wcst
Ben. Aci. XXXll o f 1955).
LatestLaws.com
Acr, 19 11.
The Culcrrfrn h~~prover~ierrr
The Calcrrr/nin~provenrenrAct. I9 I I .
[Ben. Act V 1
(Tire Scked111e.-Pn r c r g r p 9.) i
other cases. the market-value shall be deemed to be the
market-valueaccording l o [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 alignmen1or building line of a projected public
srreet 2(orhaving 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) if 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 Ihc market-vahe of the land if
put to ordinary uses ; and
(e) if the market-value of any building is specially high in
consqucnce of [he building being so overcrowded as to be
-
(The S r h e d ~ r l e . - P ( l m ~ ~ . c ~10.
p I ~IsI . )
Amend- 314. For stlb-seclion (I) OF section 49, the following sub-section
~ ~
shall
~
be deemed
~
toobe substituted
~
namely
~
:-9 ~
"(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 if 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 impracti-
cable, 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.".