Bare ActsThe calcutta municipal corporation act, 1980

Section 9

Amendment status not verified — confirm the current text below against the official source.

A member of the Mayor-in-Conncil other lhan the Mayor shall hold office until— (u) lie ceases Lo be a member of the Corporation, or (b) he resigns his officc by writing under his hand addressed (o theMayorin which ease the resignation shall take effect from the date of its acceptance, or (c) he is removed from office by a written order of the Mayor, or (d) (he Mayor ceases lo hold officc under the provisions of section 7, or (e) in case of the death of [he Mayor a newly electcd Mayor ■ i,:„ ^rr: ... (5) The manner of submission or resignation by the Chairman or by other member, and ihemanneroffilling up ofa casual vacancy in the office of a member, of the Municipal Accounts Committee shall be such as may be prescribed. (6) Subject to the provisions of this Act anil the rules and the regulations made thereunder, it shall be theduty of Ihe Municipal Accounts Committee— (a) to examine the accounts of Ihe Corporation showing the appropriation or sums grunted by the Corporation Tor its expenditure and the annual financial accounts of the Corporation; (b) Lo examine and scrutinize Ihe report on the accounis of the Corporation by Lhe auditors appointed under sect ion [60 and to satisfy itself that the moneys shown in Lhe accounts as having been disbursed were available Tor, and applicable to, lhe services or purposes to which Lhey were applied or chargcd and that the expenditure was incurred in accordance with ihe authority governing the same; (c) lo submit report lo the Corporation every year and from time to time on such examination and scnilinv 'Section 11A w:is inserted by s. 4(4) of the Wcsl Bengal Municipal Corporation Laws (Third Amendment) Acl, 1994 (West [West Ben. Act XXm of 2000.] 267 Ben. Act XXXVI or 1004). The words wilhin the square brackets were substituted for the words "the State Government mny by notification determine." by s. 4 of lhe Calcutta Municipal Corporation (Amendment) Acl, 2001 (Wcsi Ben. Acl VIT1 of 2001). JThe words wilhin the square brackets were substituted for ihe word ''prescribed11 by s. 2 or ihe Caluuiia Municipal Corporation (Amendment) Act, 1988 (Wetl Ben. Acl XXI of 19RS). 'Scclinn 27 was renumbered as sub-scclion {1) oT lhai scclion and after sub-scclian (I) as do renumbered, suh-scclion (2) was inserted by s 4 of ihcCalcuua Municipal Corponiloin (Amendment) Acl. 1988 (Wcsl Ben. Ael XXI or 198B), ■The words wilhin the square brackets were ins cried by s6( J) of ihe Calcutta Municipal Corporaiion (Amendment) Acl. 2001 (West Ben. Acl V]J] of 20U1). 'The words wilhin Lhe square brackets were inserted by s 6(2). ibid. 'The proposed amendments, enacted by s. 9 of lhe Calcutta Municipal Corporalion (Amendment) Acl, 1996 (Wcsl Ben. Acl VI of 1996). lo clauses (a) and (b) of sub- sec I ion (1) of section 44 of ihe original Acl arc nol coircci. Those amendment were perhaps made in , order lo substitute lhe wrong amendments promulgated, through inadvertoncc, by lhe [West Ben. Act XXm of 2000.] 268 'The words, in I he heading, "and Aldermen" were omilied by s. of the West Bengal Municipal Corpctalion Law.s (Third Amend mom) Acl. 1994 (West Ben. Acl XXXVI of 1994). Tlic word1) ^-'ilhi n ihe squiucbrjckcis were subs mined for lhe words'Wrr/o/M, CouuciUors and Alcitnnt'ii. elc." by 5. 5(1) of (hi Calcutta Municipal Corporation (Amendment) Act, 1997 (West Bfn, Acl XXVJ of 1997). 'Sccunn SO was substituted for the previous seclion by s. 4(6)(b) 1)1 ihe Wcsl Bengal Municipal Corporation Laws {Third Amendment) Acl, 1994 (Weil Ben. Acl XXXVI or 1994). Prior lo this substitution there occurred following changes in the original section, namely:— (i) a proviso was added by s. 5 or the Calculi a Municipal Corporation {Amendment) Acl, 1983 (West Ben. Acl XXXII of J9S3), and ihe same was lalcr substituted by v 2 oT the Calcutta Municipal Corporation (Second Amendment) Act, 1989 (Wcsl Ben. Act XXXI of 1989). lSee foot-noic 2 on page 573. ante. 'Section 61A was inserted by s. 5(2) or the Calcutta Municipal Corporation (Amendment) Act, 1997 (West Ben. Acl XXVI of 1997). :Sub-cIause (iA) was inserted by s. 3( I )(a) or lhe Calcutta Municipal Corporation (Amendment) Acl, 2000 (Wcsl Ben. Act XX111 of 2000). 'The words within the square brackets were substituted for llic words "he is an clcctcd Councillor scl up by a rccogniscd political party" by s. 3(l)(b)(i), ibid. [West Ben. Act XXm of 2000.] 269 'The words, figures, tellers and brackets within the square brackets wen: substituted for lhe words, figures, teller and brackets "referred to in sub-clause (ii) of clause (a)" by s, 3(l)(b)(ii) of lhc CnlcMlu Municipal Corporation (Amendment) Act, 2000 (Wesl Ben. Act XXI11 of 2000). [West Ben. Act XXm of 2000.] 270 'The words, in lhe marginal nole, "and Alderman" were omillcd by s. 4 (8) (a) oflhe Wcsl Bengal Municipal Corporalion Laws (Third Amen dm en l) Acl, 1994 (Wesl Ben. Acl XXX VI of 1994). The words "or Alderman" were omilied by s, 4(8)(b). ibid. JThc words "or Alderman" were omilied by s. <l(S}(c)(i), ibid. lSec foot-nolc 2 on page 573, awe. HTic words "or an Alderman" were omiiicd by 4{9)(a) of the WCSL Bengal Municipal Cnn>orniion Laws rThird Amendment Acr 1094 fVVe-ci Rrn An XXXVT nf IQQ41 [West Ben. Act XXm of 2000.] 271 'The words "or Alderman" were omitted by s, 4(11) of lhc Wcsl Bengal Municipal Corpora lion La W5 (Third Aniendmcni) Act, 1994 (Wcsl Ben. Acl XXXVJ of 1994). n*hc words "or Alderman" were omilied by s. 4(12), itriiL *See foot-n Die 2 on page 573 , a»h\ [West Ben. Act XXm of 2000.] 272 ''flic word wiihin the sqimn: brackcis W;L\ subsliluled for Lhc word "supersede" by s.- )(l4)(d)(i) of Liu: Wesl Bengal Municipal Corpiiralinn Laws (Third A mend mum) AcL, IlJ!M {Wesl Bun. Acl XXXVI or IWI. . -The words wiihin lhc square bracks 15 were suhslirulud Tor lhc word "twelve months" by s. -41 U)(d)(ii), ibid. , 'Sub-scclion (5) was subslilulcd for lhe original suh section by s. -1(14Ho), ibid. "Tile weird w iihin lhe sqijjrc hraekels. in lhe marginal nole. was subsliluled Tor lhe wurd "supersession." hy s, J( 15)la), ibid 'The word wiihin lhe square brackcis was sulKliluiml for lhe word "supersession'" by [West Ben. Act XXm of 2000.] 273 'The word wilhin the square hmckcis was substituted for llic word 'supersession" by s. 4115)(c) of ihe Wcsl Hcr>^.11 Municipal Corporation Laws {Third Amcndmenl) Acl. 1994 (Wcsl Ben. Acl XX XIV of I'M- I). -Sub-section (2) was suhstiluled Tor Ihe original by s. 7 of ihe Calculli Municipal Corporation (Amendment) Acl. 2001 (WeM Ben. Act Vlll of 2001). 'Set' Cool-note 2 on page 573. mile. :The words wiihin llu! square brackets wen; substituted Tor llic words "consolidated rale" by;,. 2 of llic Calcutta Municipal Corporalion (Amendment) Acl, 2tH)l [Wesl Ben. Acl Vlll of 20011. (3) Profit or loss, ir any, arising from the investment as aforesaid shall he credited or dcbilcd, as lhe case may be. to the account to which such profit or loss relates. [West Ben. Act XXm of 2000.] 274 lSee fool-iiiMo 2 oil pa^c 577. utile. lSec fooi-NOTL L 2 on pngu 573, ante. lSee fooi-noit: 2 un page 63^ ante. fooi-noic 2 »n 573. unit. [West Ben. Act XXm of 2000.] 275 1 .SVr I :>0'-11 ;>te 2 . on pt i ^ I I I I , " :5ection I73A wis inserted bv s. 6 or Calcuua Municipal Corporation (Amendment) An. 1997 (Wcsl Ben. Acl XXVI o'f 1997) Si ,' I o , ) ( 2 o n p . ) ' " . J 6 3 3 . mile. This proviso ivas added by > 7( I) of (hi; Calcutta Municipal Corporation (Amendment) Acl. 1997 (Wu.iL Ben. Acl XXVI 19<J7|. Thi: words wilhin the square brackets were substituted forthe words "Provided that" by ■s. 7(2), dud. 'The wards wilhin the square bracVcli were substirued for Ihe words "Provided further thai" by v 7(3J. ibid. ''Set' fr>ol-»ttte 2 on pngc 571. imte. 'The words. brackets anil figures wiihin lhc square brackcls were inserted by v I KDof llie Calcutta Municipal Corporation (Second Amendment) Acl I y K-l (Wcsl Ben. Acl Xlll of I9R.I). , :Tlic words wiihin llic square brackcls were subslilulcd for lhc wont"Mayor-in- Council" by s. I l(2)(a). ihitl. 'The words "or ponion (hereof were online J hy s, 11(2) (b). ibid. JCi;ui5C (it was subslilulcd Tor The nripinnl clausc by s. H of (he Calcutta Municipal Corporaliim (Amendment) Acl. 1997 (Wcsl Gen. Acl XXVI of 1997). he words wiihin llie .square bracks In were subsliluted for llic words "when il is" by s. 1T! ic uu rd s w i i h i n i he sq u are brae keis we re i nse ncd by s, f>( I) (a) o f il ic Ca! cu ua Municipal Comoraiion (Amendment) Acl, I9SS (Wcsl Hen. Acl XXI nf I9RSJ. -See fooj-noic 2 on page 633. nine, "■'ITn; wards within I lie square brackcls were substituted for lhc words "by a written nolice,'' h) s, fi(2Kl)(b) of lhe Colcutia Municipal Corp oral ion (Amendment) Acl. llJ88 (Wesl lien. Acl XXI cif l98K)r 'The words wiihin lhe .square brackcls were substituted for the words "by a written notice," by s, 6(2)(n). ihitl. vl'he words within ihe square bmclcis were inserted by s. 6(2)(b), ibid. "The words within the square brackets were substituted for (be words "on whom any nolice is served" by s. 6(3). ibitt. \Sub-scciion (J) was omiltcd by s. 12(a) of lhe Calcutta Municipal Corporation ) OS 1 (\V><F Hen \i't Y YY|[ nf I [West Ben. Act XXm of 2000.] 276 'Sub-scclion (6) was omitted by s. 12(b) of I he Calculla Municipal Corporaiion (Amendment) Act. !i)83 (West Ben. Acl XXXtl of 1983). •'iff fool-nolii 2 on page 633, tinle. 'Provisos were omitled by s. 12 of the Calcutta Municipal Corporaiion (Second Amendment) Acl. 198-1 (WCM Ben. Aci Xlll of 198-1). 'The third proviso was omilled bv s. 13 of the Calcutta Municipal Corporaiion (Amendment) Aci. 1983 (Wcsl Ben. Ael'XXXH of 1983). 'Seclion I82A was inserted by s. 13 of ihe Calculla Municipal Corporaiion (Sccond Amendment) Acl, 198-1 (West Ben. Acl Xlll of 1984). Thereafter ihe same section was substituted hy s. 11 of the Calculla Municipal Corporation (Amendment) Act. 1996 (West Ren. Acl VI of 1996). [West Ben. Act XXm of 2000.] 277 'Slc foul-mile 2 on pnijt 633, untc. 'W fool-nolo 2 on page 033, mile. -Thi: words within ihu square br-JL-keIs were inserted by s.7(l)ufihy Oilculla Municipal CiiTioralion (Amendment) Aft, 1188 (West Ben Acl XX! of 1988), [West Ben. Act XXm of 2000.] 278 'The words "in such I'omi and in such manner as may be pnecrbcd" were omitted by v 7(2) dTlhe Calcutta Municipal Corporaiion (Amendment) Acl. I9K8 (Wcsl Ben.Acl XXt of I'JSsi, :P:uviso was added by \ 12 of 111.: Calcutta Municipal Corporation (Amendment) Acl. [West Ben. Act XXm of 2000.] 279 {Exphtfusium was .added by s. H of lhc Calcuun Municipal Corporalion (Amendingm} Acl, IOSS aVV'M Btn. Act XXI of 19S&). 2Thc words, brackets and figures wiihin the square brnekcis were substituted for lhe words, braced* and figures "sub-scclion (0 ofsceiion 18-1 orany rev toon made undcrsub- secliwi (2) of ticciiun 180" by s. M of lhc Calcutta Municipal Corporation (Second Amendment) ACL I9K4 (Wcsl Ben. Acl Xlll of I9K4). 'iVc? fool-nole 2 on paj:c 6,13. tutte. [West Ben. Act XXm of 2000.] 280 "Proviso was added to sub-scclion (2) by s. 11 of lhc Calcutta Municipal Corporation (Amendment) ACL lyEK (W^l Bcn.Aet XXI of I9HB). Thereafter, the prescni provisos were substituted for the previous proviso by s. 13(a) of the Calcutta Municipal Corporation (Amendment) AcL I9%(W^SI Hen. Acl VI nf 1996), ^Sub-section l2A) was inserted by s 13(h), foot-ncie 2 on page 633. ante. ^Thc words within the square hnickcts wen; substituted for ihe WMtls, "the order" by s. 1I) of the Gileuita Municipal Corporation (Second Amendment) AcL 10iS4 (Wesl Ben. Acl Xlll rf '.9tv loot-note 2 on page 573. mac. ll liuisc ic) ullv inserted by !4(2) of ihiiCakulln Municipal Corporalion (Amendment) Acl I lJ97 (Wcsi Bui. Acl XXVI r>f mi). 'Scclion 2UKA was inserted by s. IS of llic Calculla Municipal Corporation (Amendment) Acl. 1997 (WCM Ben. Acl XXVI or 1997). -'Cliaplcr X1VA and sections 209A lo 209F were inserted by s. 21 oT lhe Calculla Municipal Corporaiion (Second Amendment) Act. I!>8J (Wcsl Ben. Acl XIII or I9S4). 'Sfe fool-nole 2 on pace 573. ante [West Ben. Act XXm of 2000.] 281 1Set• To ol-noli; 2 on page 68-1, twte. fool-nolo 2 tin page 573, utile. SYi looi-i>ole Jj on p.'.r-i' 6K9. tinte, 'Tlti' words. figures and bnd;ei\ witli in itic square brackets were inserted by s. 18(3) uT lilt Calculla Municipal t'nrpuniiion (Amend mini )Acl, 1997 (Wcsl Ben Ac< XXV| of 1997). lSet' Ian i-note 2 or p.igc 633. t in In. :Sec ibol-iuiif 2 on page 613. j/f, :CL;uisc ui was subsliluled Tnr ihe original clause by s. 2 of llic Caleun;i Municipal Corporation (Amendment) Ac(, l'J!S6(\Vcsi Ben. Aa XIV of I9R6). Prior to this substitution tile woril.s ln.v fee ur charges" Mere substituted fur lhe words "lax or fee" hy s. 2lJ of the Calcutta Municipal Corporation (ScLtind Aiiicndnn'rii) Acl. 1984 (Wcsi Ben Acl Xlll of 19SJ1. 'iW looi-noic 2 en page 633, wire. fiviT.nrM^ ^ nn ^7*4 / m f r '.SVe fool-nolc 2 on page .573, mi re, ■['rovi'ii was :iddcd by s. IK of the Cikuua Municipal Corporalion (Ani'iclrk'f'i) Act, 1953 (Wcsl Ucn. Acl XXXII of 19S3}. 'I'licTvafiL-r ihe present provisons were Mihstiiuicd by s. 2 nf'.he Calculla Municipal Corporalion (Amen dm en l) Acl. 199-1 (Wcsl lien. Act XXXII of 1994). J.Ytv Toot-nolc 2 on pngc fi33, ante. ' l hc word", wiihin lhc square brackcls were subslilulcd for ilw word1; "lhc size of the I'errulL1 ait achcd lo lhe supply pipe in such premise.1, or building" by s. 19(1) (a) oT the Calculla Municipal CuTponliou (Amendment) Acl. [097 (Wcu fieri. Acl XXVI of 1997). 'Fvr>Vl^(7ffOiK —? 1n'l /? hv C Klfh'h) j F*r lScr fool-now 3 on page 699, awe. 2Scc fooi-noic 2 on page 573, ante, •Tliii words within ihc square brackets w^rt: subsii luted for ihe words "standpcihLs or supply" by s- 30 of lhe Cricuiia Municipal CorpoftUion (Sceund Amendment) Act, 1984 (West Ren, Acl XT1I of E984). 'The words within the square brackcls were substituted for die words "olher vehicles:" by s. 3(1) of lhe Calcutta Municipal Corporalion (Amendment) Act, 1994 (West Ben. Act XXXII of 1994). . :Clause (i) was inserted bv s. 3(21. ihitl, [West Ben. Act XXm of 2000.] 282 'Suh section (I) was subslilulct! for the original sub-M-'L-iinn hy s. -1(1) of llic Calculla Municipal Corporalion (Amendment) Acl, 199-1 (Wcsl Uen. Acl XXXII of I99J), 'Second proviso was inserted by s. 21(1) of llie I .)!a;::;i Municipal Coqioralion (Amendment) Aei, 1997 (West 13cn. Act XXVI of 1997). The words wiihin lhe square brackets were subslituicd for [lie wards "Provided further" by s. 21 (2). ibid. ^Sub-sections (2) and (3) were substituted for (tie original sub-section (2) by s. 4 (2) of 11, ................. paoww-r-rc.-n VVVIUf IIIO^I lSce fool-nolc 2 on page 573, unii\ 'Pvovhn was added by s. <j (1) of ihe Calcutta Municipal Corpomilon (Amendment) Ac|T 1994 (Wtoi 0LLnr Act XXXI[ of J).T]njr^aflcr lhc prv^^ni prtm.wwas stibHiluWd by 5.23 of the Calcutta Municipal Corporation (Amendment) Acl, 1997 (Wcsi lien, Aei XXVI of 1997). ■Subseelion (3) was omitted hy s. 6(2) of lhe Calcutta Municipal Corporation (Amendment) Acl. 1994 (Wcm Ben, Act XXXII of 1994). 25cclion 265A was inserted by s. 7. ibid, 'Sections 265B and 265C were inserted by s. 24 of ihc Calcutta Municipal Corporaiion (Amendment) Acl. 1997 (Wcsl Ben. Acl XXVI of 1997). [West Ben. Act XXm of 2000.] 283 'See foot-note on pngc 573, ante. lSee foot-note 2 on papc 633. ame 'Clause (c) wns omillcd by v 2 uf the Cnlmua Municipal Corporaiion (Amendment) Acl. 1993 (Wesi Ben. Acl VI of 1W3). [West Ben. Act XXm of 2000.] 284 'The words willi in lhc square brackcls were subs li lined for the words "may himself carry oui" by s, 31 or lhe Calculla Municipal Corponilion (Second Amendment) Aci, 1984 (Wcsl Ben. Acl Xlll of 1984). [West Ben. Act XXm of 2000.] 285 'Clause (au) was inserted by s. 11(1) oT the Calcutta Municipal Corporalion (Amendment) Acl, 200! (West Ben. Acl Vlll of 2001). 'Clause (ce) was inserted by s. 25 of lhe Calcutta Municipal Corporalion (Amendment) Acl. 1997 (West Ben. Aci XXVI of 1997). 'Words, brackcli and leucrs wilhin lhe square brackets were inserted by s. 11 (2) of [he Calcutta Municipal Corporation (Amendment) Acl. 2001 (Wcsl Ben. Acl Vlll of 21)01). ■See foov-nole 2 on page 61 J, un;e. 'Si'e fool-nolc 2 on page 573, wife. [West Ben. Act XXm of 2000.] 286 'ii i1 Ibui-naic 2 or |:.H;O 573, tmre. [West Ben. Act XXm of 2000.] 287 (3) Any requisition Tor lhe construction or any house-drain under sub-seciion (2) may contain any or lhe details specified in subsection (]). [West Ben. Act XXm of 2000.] 288 (3) Noi less than fifteen days before any such work is commenced, the Municipal Commissioner shall give Lo each such owner— (a) a written notice of the proposed work, and (b) an estimate of the expenses io be incurred in respect thereof and of the proportion of such expenses payable by him. [West Ben. Act XXm of 2000.] 289 ■ 'Marginal note wiihin lhc squrtrc brackcli were substituted for lhc marginal rune "Power or Municipal Commissioner io charge for drainage and sewerage scrvicc in certain cases."' by s,12(i) of lhc Calciuia Municipal Corporalion (Amendment) Acl, 2001 (Wesl Ucn. Acl VIII of 2001). ' vSuh-crrTirm (1\ \v:w sulvriiuucd for lhc cricin;il bv i'hid. (2) The Corporation may construct, acquire, operate, maintain, develop or manage any garage or work Tor proper maintenance oT the vehicles or vessels or means for removal of solid wastes under ;*ub- seclion (1). [West Ben. Act XXm of 2000.] 290 1Sei> fooi-nqic 2 on ptiuc 573, an!t\ 'See fool-nole 2 on pate 573. mile. [West Ben. Act XXm of 2000.] 291 1 JY'L' fool-role 2 on page 573, ante. [West Ben. Act XXm of 2000.] 292 'Srf fool-nolo 2 on page 573. n>\te. \Yrv fool-nole 2 on page 573. ante. 'Clause {D \v.i5 inserlcd by s. 33 of lhe Calculla Municipal Corporaiion (Second Amendment) Aci. 19K-I (West Ben. Acl XIII of 198<l). 'Scclion 353 was subsliluied Tor lhe original seclion by s. 3 of [he C ale una Municipal Corporaiion (Amcndmcnl) Acl, 19S5 (West lien. Acl XX1I1 of 1985). [West Ben. Act XXm of 2000.] 293 (2) The Municipal Commissioner may, before giving such owner or occupicr any such notice or before the expiry of Lhe period .specified in any such notice, take such temporary measures as he thinks fiL to prevent the danger or inconvenience arising therefrom; and any expenses incurred by the Municipal Commissioner in taking such temporary measures shall be recoverable from such owner or occupier as an arrear of tax under this Act. H. Lighting of streets 387. (1) The Municipal Commissioner shall— <vi«asurcs for lighting (a) lake measures for lighting, in a suitable manner, such public streets, public places, squares, parks, gardens, municipal markets and properties of the Corporation as may be specified by the Mayor-in-Council; (b) procure, ercci and maintain such number of lamps, lamp posts and other appurtenanccs as may be necessary Tor t/ie purpose as aforesaid; (c> cause such lamps to be lighted by such means as may be determined by him; [West Ben. Act XXm of 2000.] 294 'Clause (|) as inserted by the Calcutta Municipal Corporation (Amendment) Oldinance. 1995 (West Ben, Ord. Ill of 1995) has no practical rclcvancc to this Acl and may ml be taken inlo account as no a mend mem promulgated by an Ordinance can be incorporated in an Aci, As no clause (j) was incorporated by an Acl so no question of omission or the same may arise by the proposed amendment cnaclcil hy s. I6(iv) or the Calculla Municipal Corporaiion (Amendment) Acl. 1996 (West Ben. Act VI of 1996). ■Tlic wurcls "five oilier members" were first substituted Tor the words "three oiher members" bys. 2(1) or lhe Calculla Municipal Corporaiion (Amendment) Act. 1989 (Wcsl Ben. At! XV of 19B9), Then a wrong amendment was trade by s. 17(a) of the Calcutu Municipal Corporation (Amendment) Acl, 1996 (Wcsl Ben. Aci VI of 1996) where the word "seven" has been substituted for the word "nine" which should actually have been substituted for lhe word "five". This mistake has been aroused on account of W. B. Ord. No. HI or

Section 9 – The calcutta municipal corporation act, 1980 | DailyLaw.ai