The howrah improvement act, 1956
west-bengal · 1956
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(I) This Acl may bc calIed h c Howrdi lmprovcmcnt Act
- S. 2Section 2 defines key terms used throughout the Howrah Improvement Act, 1956, including "betterment fee," "building," and "improvement scheme."
- S. 3The duty of carrying our [he provisions or this Act shall
- S. 4In scclion 15, for !hc word and figures "and 24'' [he figures, word and letter "24 and 2 4 A shall be deemed lo be sub
- S. 4A(Otsitted
- S. 5(1) A pcrson shall be disqualified for bcing appointed '" * * * a Truslee if he-
- S. 6( I ) The Slate Govcrnmcnl shall appoint, by nolification, Appinlriwnt [[Mayor] ro be the Chairman or Ihc Board
- S. 6ASection 6A substitutes various notices and proceedings under the Howrah Improvement Act, 1956 for official publication and local notification.
- S. 7'(I) Sub-section (2) of section 23 srands rc-in troduccd
- S. 8Section 8 allows the State Government to appoint a salaried officer as Chairman of the Board with additional pay, excluding certain allowances.
- S. 9Section 9 of the Howrah Improvement Act, 1956 allows the State Government to grant leave or deputation to the Chairman and fix his allowance during absence.
- S. 10The section allows the State Government to appoint a person to act as Chairman in absence or vacancy, with fixed salary and allowances.
- S. 11Section 11 allows any Truslee, except the Chairman, to be absent from Board meetings for up to six months.
- S. 12Section 12 allows the State Government to remove the Chairman or any Trustee for misconduct, neglect, absence, or other reasons deemed undesirable.
- S. 13Section 13 fills vacancies in trustee positions due to absence, resignation, or death.
- S. 14Term or officc of Truslces
- S. 15The Board shall mecr, and shall, from lime to time, make such of board
- S. 16(1) The Board may associate with themselves, in such manner aqEM
- S. 17Consri~ution and funclions of Cornmiltee
- S. 17AIn cvcry case rcfcrrcd to in section 16 or io Hoanl
- S. 18Mccting of Comrniltezs
- S. 19Section 19 outlines fees for attending board or committee meetings and voting restrictions for those with conflicts of interest.
- S. 20Section 20 prohibits Board or Committee members from participating in proceedings where they have a personal interest.
- S. 20APowcr of Board to exrcutc ccnin works ar to render ceFlain services
- S. 21The Board has authority to perform necessary work and enter into contracts for the Act's purposes.
- S. 22Section 22 outlines contract approval and expenditure limits for the Board, requiring Board or State Government sanction for certain contracts.
- S. 23Section 23 outlines the authority and requirements for contracts exceeding five thousand rupees by the Board of Trustees, including signatures and sealing.
- S. 24Section 24 of The Howrah Improvement Act, 1956, allows the Board to decide contract execution methods and mandates tender invitations for works exceeding five thousand rupees.
- S. 24AIn delemining [hc amounr of compensa!ion to prov~sions Ior aclc
- S. 25Section 25 requires the Chairman to provide adequate security for contracts exceeding five lakh rupees.
- S. 26Section 26 mandates the Chairman to forward meeting minutes and required documents to the State Government.
- S. 27Section 27 mandates the Board to prepare and maintain a statement detailing the staff employed, their salaries, and contributions.
- S. 28Section 28 empowers the Board to make rules for officer and servant security, leave, fund contributions, allowances, qualifications, and conduct.
- S. 29!(I) Subject to any direcclions contained in any slatemcnt ctc,
- S. 30Section 30 mandates the State Government's prior approval for certain salary-related decisions for high-paid officials.
- S. 31Section 31 gives the Chairman supervision and control over Board officers and servants, including service matters.
- S. 32Section 32 allows the Chairman to delegate certain powers to the Chief Executive Officer, except specific ones, with certain conditions.
- S. 33Section 33 empowers the Board to frame sewage disposal and improvement schemes for Howrah, including street, bridge, re-housing, and housing accommodation projects.
- S. 34Section 34 outlines criteria for framing improvement schemes, considering neighboring areas, Howrah's expansion, and future improvement needs.
- S. 35Section 35 outlines the powers of the Board to acquire land, lay out streets, demolish buildings, and provide amenities in the Howrah Improvement Act.
- S. 36Section 36 mandates municipal commissioners to prohibit misuse of reserved areas for specific purposes.
- S. 37Section 37 empowers the Board to initiate a general improvement scheme for areas deemed unfit for habitation or lacking proper amenities.
- S. 38Section 38 outlines the process for making official representations regarding municipal improvements by councillors or municipalities in Howrah.
- S. 39Section 39 outlines the Board's decision-making process on general improvement schemes and communication to municipal councils.
- S. 40Section 40 allows the Howrah Improvement Board to alter or create streets for better building sites, ventilation, communication, and sanitation.
- S. 41Section 41 mandates minimum widths for new streets, allowing exceptions for existing streets and service passages.
- S. 42Section 42 empowers the Board to inspect and survey unhealthy areas and devise improvement schemes for rehousing displaced residents.
- S. 43Section 43 allows the Board to create re-housing schemes for displaced or potentially displaced persons due to improvement projects.
- S. 44Section 44 allows the Board to create housing accommodation schemes for public benefit in areas covered by the act.
- S. 45Section 45 mandates the Board to publish and distribute notices about framed improvement schemes in specified areas.
- S. 46Transmission to Board of reprcsen~ation by Municipality or olher Iocal Au thorily
- S. 47Section 47 mandates the Howrah Improvement Board to notify landowners and occupiers about proposed land acquisition or betterment fee recovery for improvement schemes.
- S. 48?[The Mayor and the] Chairman of any other Municipality Furnishing Ben
- S. 48ASection 48A provides compensation to landowners for delays in awarding compensation under the Howrah Improvement Act, 1956.
- S. 48BNo compensation shall be payable in pursuancc 48A no1 LO apply in
- S. 49ibid
- S. 50Powcr to sancrion or rejecl improvement schemc
- S. 51Section 51 mandates the Board to execute approved schemes after the State Government's notification.
- S. 52Section 52 allows the Board to alter or cancel schemes but requires State Government approval for significant cost increases or land acquisitions.
- S. 53Section 53 allows multiple improvement schemes to be combined into one unified plan.
- S. 54Section 54 mandates the transfer of buildings or land within an improvement scheme to the Board for compensation purposes.
- S. 55Section 55 vests acquired lands for Howrah's drainage scheme in the Board, with state power to modify the schedule.
- S. 56Section 56 mandates that municipal drains or waterworks cannot replace existing ones until the Board provides a satisfactory alternative, as per the Howrah Municipal Corporation or concerned municipality.
- S. 57Section 57 exempts certain streets and construction activities by the Board from specific Calcutta Municipal Act provisions.
- S. 58Section 58 mandates the Board to maintain and repair streets for public use and to pave them if deemed necessary.
- S. 59Section 59 mandates the Howrah Improvement Board to fence, guard, and light streets during construction, and to complete repairs promptly.
- S. 60Section 60 allows the Board to close streets for specific works and set up barriers and notices.
- S. 61Section 61 mandates the Board to ensure traffic passage, access to premises, and utility continuity during public land works.
- S. 62Section 62 empowers the Board to close or discontinue public streets or squares and compensate affected non-licensee users.
- S. 63The section allows the Chairman to remove unauthorized walls or buildings and imposes removal expenses on the owner.
- S. 64Section 64 outlines the Board's authority to plan and extend sewage disposal sites, with state government approval and compensation or land acquisition for affected landowners.
- S. 65Section 65 declares that if the Board confirms street improvements and sanitary provisions, the municipality must declare the street public within two months.
- S. 66[Appticario~l of secrior~ 65 ro ollrer Mrwicipali/iex
- S. 67Section 67 authorizes the Board to acquire land with state government approval for the act's purposes.
- S. 68Section 68 allows the Board to acquire land for future improvement schemes, not just those already framed.
- S. 69Section 69 establishes a Tribunal to handle land acquisition functions for the Howrah Improvement Board under the Land Acquisition Act, 1894.
- S. 70Section 70 designates the Board and President as the Court and Judge for land acquisition proceedings under the Act.
- S. 71( 1 ) The said Tribunal shall consist of a Prcsidcnt and two Consiilurion orTribuna1
- S. 72Section 72 specifies the remuneration terms for members of the Howrah Improvement Tribunal, as prescribed by the State Government.
- S. 73Section 73 outlines the President of the Tribunal's duties to prepare staff details and establish rules for officers and servants of the Tribunal, subject to State Government approval.
- S. 74Ttie re~nunerauon prescribed under seclion 72 for members of Dn;lrd un accou,,lo,- rhe Tribunal
- S. 75Section 75 allows the President to make rules for the tribunal's operations, subject to State Government approval.
- S. 76(1) For rile purposc or determining the orvnrd to be made by the Tribunal undcr the Land Acquisilion Acr
- S. 77Section 77 allows appeals to the High Court from awards under the act on specific grounds, including procedural errors or legal misapplications.
- S. 78Section 78 allows the State Government to direct the Tribunal to handle land acquisition for Howrah Improvement Board, similar to its duties under the Calcutta Improvement Act, 1911.
- S. 79Section 79 allows landowners to request abandonment of land acquisition in an improvement scheme if not needed, in exchange for a fixed sum.
- S. 80Section 80 allows the Board to impose a betterment fee instead of acquiring land, equal to one-third of the land's increased value due to the scheme.
- S. 81Section 81 outlines the process for the Howrah Improvement Board to assess and determine betterment fees for completed schemes.
- S. 82Section 82 establishes a panel of arbitrators to resolve valuation disputes regarding land in the Howrah Improvement Act scheme.
- S. 83Section 83 specifies that the Board will pay each arbitrator a fee determined by the State Government for their services under the scheme.
- S. 84Section 84 allows arbitrators under Section 82 to be governed by specific rules, ensuring all parties can appear in person or via an agent.
- S. 85Section 85 mandates the Board to set a payment date and interest rate for betterment fees determined under sections 81 or 82.
- S. 86Section 86 allows landowners to defer beltennent fee payments, treating them as first charges on the land with interest.
- S. 87Section 87 allows the Board to recover payments related to land agreements, bellennel fees, and other specified charges.
- S. 88Thc Board may dircct by what authorily any powers or duties 8oani to incidcnr undcr the Calcuua Municipal Acr
- S. 89Section 89 allows for land agreements or payments accepted under specified conditions.
- S. 90Section 90 allows the Board to lease, sell, or otherwise dispose of acquired land, with special provisions for the Authority or Housing Board to request land for their purposes.
- S. 91Section 91 exempts Howrah Improvement Act from other tenancy laws in West Bengal.
- S. 92(1) The duly irnposcd by thc Indian Stamp Act
- S. 93Section 93 specifies how certain sections of the Indian Stamp Act apply separately to property within and outside Howrah Municipal Corporation's jurisdiction.
- S. 94Section 94 prevents partial acquisition of a building if it would make the remaining part unusable, with court review if needed.
- S. 95(1) Thc State Govcrnmenl may make 'rulcs For carrying oul lhc purposes of this Chaprcr
- S. 95A(1) The State Government may, for the efficient Government to issue directions
- S. 96[(Cotlrribtrtions fmtrr Miulicipal Frutds)
- S. 97Section 97 allocates a share of terminal tax proceeds from West Bengal to the Board by the central government.
- S. 98The Board may from lime 10 rime borrow a[ such rale of interesl, m d rclr such pcriod, and upon such tenns
- S. 99Whenever he borrowing of any sum has bccn approvcd under Lows from Banks
- S. 100Section 100 mandates that funds borrowed under sections 98 or 99 must be used for their specified purposes unless the State Government approves otherwise.
- S. 101Section 101 outlines the terms and conditions for debentures borrowed by the Board, including their form, signing, transferability, and holders' rights.
- S. 102Section 102 allows signatures on coupons issued under the act to be the Chairman's, possibly via engraving or lithography.
- S. 103Section 103 allows debenture or security holders to be jointly liable, with the survivor(s) becoming payable upon the death of any holder.
- S. 104Section 104 allows any joint holder of a debt or security to receive dividends unless another holder notifies the Board otherwise.
- S. 105Section 105 prioritizes loan interest and repayment payments from the Board over all other payments.
- S. 106Section 106 outlines the repayment methods for loans approved by the Board under the Howrah Improvement Act, 1956.
- S. 107Section 107 mandates the establishment of a sinking fund to repay a loan, with interest rate set by the State Government.
- S. 108Section 108 allows discontinuing further payments to the sinking fund if its current balance, with prescribed interest, will repay the loan by the approved end date.
- S. 109Section 109 mandates the investment of funds in government or municipal securities for sinking funds.
- S. 110Section 110 allocates a sinking fund to repay a specific loan, prohibiting its use for other purposes until fully paid.
- S. 111Section 111 requires the Howrah Improvement Trust to submit an annual statement to the Chairman detailing investments, securities held, repayments, and sinking fund contributions.
- S. 112Section 112 mandates the Board to maintain and annually examine sinking funds, with the Accountant-General certifying any deficiencies for Board adjustment.
- S. 113Section 113 mandates the Accountant-General to make payments or investments if the Board fails to do so, and allows the State Government to attach the Board's income.
- S. 115All moncys payablc undcr section 113 shall conslitule a chargc PayrmnB upon rhe propcrty of ihc Board
- S. 116Section 116 allows the State Government to seize Howrah Board's revenue or property if loans or interest are not repaid.
- S. 117( 1 ) The Chainnun shall, at a spccinl mccling ro bc held in k e L1imare
- S. 118Section 118 authorizes the Board to approve or modify estimates and directs the State Government to approve or disallow them.
- S. 120Transmission or copy of es~irnnte to Chairman of Howrah Municipality
- S. 122Supplementary cslirnalcs
- S. 123Adherence ro estimare, and maintenance of closing balance
- S. 124Section 124 mandates that all payments to the Board be received by the Chief Executive Officer and deposited into a designated account at the State Bank of India.
- S. 125(1) Surplus moneys at thc credit of the said accounL may from In\*cslnlmr of surplus timc to time be- nioncy
- S. 126(I) No payment shall be made by any Bank oul orlhc account Ry~lrntsby referred lo io section 124, cxccpi upon a chcquc
- S. 127Section 127 mandates that certain financial orders and cheques under the Howrah Improvement Act must be signed by designated officials.
- S. 128Section 128 requires the Chief Executive Officer or authorized representative to verify the purpose before signing a cheque.
- S. 129Section 129 mandates the Board to maintain accounts of receipts and disbursements in a manner prescribed by rules made under section 149.
- S. 130Section 130 defines "cast of management" for the Howrah Improvement Act, 1956, including salaries, allowances, fees, and office expenses of the Board.
- S. 131( I ) Ttie Board sllall keep a capital account and a revenuc Kccpinsoi capital accoun1
- S. 132Section 132 credits the capital account with various receipts including special payments, loans, land sales, and government aid.
- S. 133Section 133 allocates funds credited to the capital account for various expenses related to improvement schemes and land acquisition under the Howrah Improvement Act, 1956.
- S. 134There shall be crediled lo h c revcnue account- mvcnuc PCEOU~I
- S. 135(1) Thc moneys credited lo ~ h c rcvenue accouni shaH bc hcld of xrvcnuc 3ccoun,
- S. 136If, at any rimc afier any surplus referrcd to in sub-seclion (2) Powcr~o dirccr sale or of scction 135
- S. 137Section 137 allows the Advance Board to provide capital expenditure funds from the revenue account, with refunds to follow.
- S. 138Section 138 allows deficits in revenue accounts to be covered by capital account advances, which must be repaid in the next financial year.
- S. 139The Board can remove any irrecoverable debt from its records, with prior state government approval for debts over INR 250.
- S. 140Tllc Board shall submit lo the Starc Government at the end I
- S. 141Section 141 mandates the annual examination and audit of the Howrah Improvement Board's accounts by a government-appointed auditor.
- S. 142Section 142 allows the appointed auditor to summon documents and individuals for audit-related inquiries.
- S. 143The Board shall pay ro [he said audilor such remuneration as tbc Slole Government may direcl
- S. 144Section 144 requires the auditor to report any irregularities to the Board and State Government and submit audit reports within fourteen days.
- S. 145(1) It shnll bc lhc duty of the Board fonliwi~ lo-remedy any defects or irregularities hat may be pointed out by the au
- S. 146Section 146 mandates the Chairman to print and distribute the auditor's report to trustees for Board consideration.
- S. 147Section 147 mandates the Board to prepare and publish an abstract of related accounts and send copies to the Mayor, Municipal Chairs, and State Government.
- S. 148Section 148 empowers the West Bengal Government to make rules for managing fees and elections under the Howrah Improvement Act, 1956.
- S. 149Section 149 empowers the Board to make rules for various administrative functions and specifies penalties for rule breaches.
- S. 150Section 150 outlines conditions for making rules under the Howrah Improvement Act, including publication and inspection periods.
- S. 151Section 151 mandates that any rule made under sections 95, 148, or 149 must be published by the State Government, serving as conclusive proof of its validity.
- S. 152Section 152 mandates the Chairman to print and supply rules to applicants on payment of one rupee per copy.
- S. 153Section 153 mandates that copies of rules made under sections 148 or 149 be displayed in English and Bengali at the Board's office and affected public places.
- S. 154Every Trustcc, and cvcry orficcr and scrvant of h e Board, and Trusws
- S. 155Section 155 mandates the Board to pay contributions for the advances and pensions of government servants employed by the Board or Tribunal.
- S. 157[(P~rblicario~t of ~~o~ifica~iotrs ttader sectiorrs 113) arid 156(1) ill draj~, for crificist)l
- S. 158Nothing in lhis Act shall be deerncd lo affect thc provisions of the Indian Telegaph Act, 1885, or the Indian Railways
- S. 159No~wi thslanding con taincd in the Code or Criminal Procedure, A C ~ V of 1898,- lS9S
- S. 160Section 160 of the Howrah Improvement Act, 1956 requires complaints for violations to be filed within three months after the offense.
- S. 161Section 161 empowers the Chairman to initiate, defend, or withdraw legal proceedings and compound offenses under the Howrah Improvement Act.
- S. 162Section 162 protects the Board, Trustees, officers, and employees from lawsuits for lawful actions done in good faith.
- S. 163Section 163 prevents lawsuits against the Board or its officers until a month after notice is given, detailing the offense and plaintiff's relief claim.
- S. 164Co-operalion of the policc
- S. 165Section 165 allows police to arrest individuals for violations of the act and detain them for up to 24 hours.
- S. 166Section 166 provides that written documents signed by the Chairman or an officer of the Board are sufficient evidence of their approval or consent.
- S. 167Section 167 of the Howrah Improvement Act, 1956 protects actions taken under the Act from being questioned due to certain vacancies, defects, or procedural failures.
- S. 168Section 168 allows the Board to pay reasonable compensation to anyone who suffers damage due to the Board's powers or actions.
- S. 169( I ) If
- S. 170Public notices how ro be made known
- S. 171Section 171 mandates that notices or information must be advertised in local and two English/vernacular newspapers in Howrah or Calcutta.
- S. 172Section 172 allows notices or bills to be deemed properly signed if they bear a facsimile of the required official's signature.
- S. 173Section 173 outlines the methods for serving notices, bills, or documents under the Howrah Improvement Act.
- S. 174Section 174 allows the Board to conduct land surveys and contribute to costs for purposes of the Act.
- S. 175Section 175 allows authorized officers to enter land for inspections, surveys, and measurements for the purposes of the Howrah Improvement Act.
- S. 176Section 176 prohibits Board officers or servants from acquiring unauthorized shares or interests in Board contracts or employments, making it an offense punishable under the Indian Penal Code.
- S. 177Ir any person, w i h o u ~ lawful au1hority
- S. 178If any person, wirhoul ihe permission of [he Chairman requircd by sub-sccrion (8) of sccrion 63, erccw
- S. 179Section 179 penalizes owners for failing to remove unauthorized walls or buildings in Howrah, imposing fines.
- S. 180Section 180 penalizes non-compliance with requisitions under section 142 with fines up to 100 rupees or continuing fines of 50 rupees per day.
- S. 181Section penalizes obstruction or removal of marks for authorized works under the Howrah Improvement Act with fines or imprisonment.
- S. 182Removal of wall or building and rccovcry of expenses
- S. 183Section 183 allows the State Government to suspend or abolish duties, taxes, or payments under the Act, and reinstate them if needed.
- S. 184AConscqucncics of supersession
- S. 314The term of office of [he Trustees, olher [han [he Chairman, Terrnol shall be hree years
- S. 443Remunerarion of auditor
- S. 18851X oi 1890
- S. 1906dccrces shall, so far as may be, apply to appeals undcr this section
- S. 1908(2) All such rulcs shall be published by norificaiion
- S. 1949Section 1949 outlines conditions for land requisition under the Howrah Improvement Act for specified purposes.
- S. 1956Insertion of new section after section 29
- S. 1972\Vest Ben
- S. 19791979 to thc Board as to the improvemen1 scheme BaH be carried out by thc Board
- S. 2017(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint
- S. 11160Pcnal Code