LatestLaws.

com

LatestLaws.com
LatestLaws.com
Bare Acts & Rules
Free Downloadable Formats

Hello Good People !

LaLas

LatestLaws.com
LatestLaws.com
 LatestLaws.com

Bengal Act V of 1911

(The Calcutta Improvement Act, 1911.)'
V! SUPPLEME~D ... A CX
~ V or~191 1.
E DE A ~ R
E ~ E N D TO N
BENCAL . .. Ben. Ac1 I of 19 14.
REPEALED IN PART Bcn. Act l or 1922.
Wcsl Bcn. Act LII of 1950.
Ben. Ack Ill of 1915.
REPEALED
INPARTAND AMENDED ... ACI XXXVlII or 1920.
Bcn. Act J of 1939.
-
Ben. Act 1X of 1923.
Ben. ACIIl or 1926.
Ben. Act V11I of 193 1 .
Ben. Act I1 of 1935.
Ben. Act XVI of 1946.
Wen Ben. Acl XXII or 1948.
West Ben. Acl XVII of 1949.
West Bcn. ACLL of 1950.
... Wesl Ben. Acl XXXII of 1955.
Wcst Bcn. Act XX of I96 1.
W c s ~Ben. ACLXI11 of 1966.
Wesl Ben. Acl Vm of 1972.
West Ben. Acr XI of 1972.
West Ben. Ac! XXV of 1973.
West Ben. ACLXI11 of 1975.
Wesi Ben.AaXXXYm 61976.
- Wcst Bcn. Act XLII of 1983.
(a) The Governrnenr of India
(Adaplation o f Indian
Laws) Order, 1937.
(b) The Indian Independence
(Adap~alionof Bengal and
Punjab Acts) Order, 1948.
( c ) The Adaptalion of Laws
Ordcr, 1950.

'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

An Act to provide for the irrrproverrrent otld ex-patuiotr oJCnlcurm.

WHEREAS it i s expedient ro make provision for [he improvemen1
and expansion o f Calculra by opening up congested areas, laying out
or altering streets, providing open spaces for purposes of ventilation
orrecrearion,demolishing orcons~ructingbuiIdings, '[clearing b~rsrees,
execuring housing schemes and schemes for the rehousing of persons
displaced by the execukion of improvement schemes, acquiring land
for the said purposes and all works relaling thereto], and otherwise as
hereinaf~erappearing;
ANDWHEREAS i t i s expedient [hat a Board of Trustees should be
constituted and invesled 'with special powers for carrying out rhe
objects of [his Act;
ANDWHEREAS thc sanction of the Governor-Gcncral has been 55 and 56
obtained. under section 5 of [he Indian Councils Acl, 1892, to the '-
provisions of this Act, which affect Acts passed by ~ h eGovernor-
General of India in Council; I
AND\VHEREAS the sanction of rheGovemor-General has also been 24 m d 25
obtained, under section 43 o f the Indian Councils Act, 1861, to the zj51.n
enactment of the provisions of Chapter V O F this Act. relating to
[axation; I
It is hereby enac,red as follows :-
( F O O I - I I ~II !c~~ ~ t ~ f i r ~J ~~tO ~ ~ . ~c 1 ~ ~ ~ ~ 1 1 1 d ~ d . J
e IcpIl rI e v i ~ )pnge
LOCALEKIEN1.-ThisACL(except srcrions 82 ID 86) cxrcndr only lo the Calcuita
Municipality-Sce scc~ionl(3).
Section 82 originnlly cxrcnded rhroughuui Bcngal as cons~i~utcd in thl: year 191 1.
1. .'L -1
I thl: rorrner Pmvincc of Bcngal z x c c p ~E a i c r n Bcngd. md
(I
(1)the Province or Bihar and Orissa.
This srclion has sincc hrcn cxrended 10 Ejsrcrn Bcngal by ihc Rcngal Laws Aci.
1914 (Hen. Acr Ior 1914). s, 3. Sch. I.
Section 8.1 cxlcnds 1-
( I ) railway statiuns in thc Calcutra and Howrnh Municipnliiics, and
(2) ccnain landing-place>in ihc Port of Calcuri;!:
Sccrion 84 cxlcnds ru ihc Port or Czlculta:
Sccrion 1;s catends lo Calcuira:
Scction 86 has the sanw local cxwni as 5rurions 82.83 and 84. So Tar ii afiects
scclion 82. i t has bccn uxrcndcd !n Easlrm Brngal by rhr: Bcngal Laws Acr. 19 14 (Ben.
ACI I o i 1914). s. 3. Sch. 1.
Sevcnl sccrions or ihc Acl. ( e . ~ . .sccrions 40 10 52, 54 l u 56, 63, 66, 149. 163,
167, 168) conrcrnplaic ~liatoprr;\lions or rhc Bnard of Trusires consiirutcd undur ir
[nay hc carried on in arcLC beyond thc Colcul~aMunicipiilily. and sccrion l(3) givcs
p o w r lo exiznd provisions or the Act ro such a r e a .
'Subslilured for rhc words "acquiring Imd for thc said purpliscs and lor rhc rc-
housing nf person> or rhc pnorer i\nd working claqses displilusd by ihc cxccu~iono l
inlprovernznr hchrn~cs"by s. 2 OC lhc Calculta llnprovemcnt ( ~ r n c n d m e n ~ ) 1955
Act.
(Welt Bcn. Acr X X X I I 1955).
 LatestLaws.com

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

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

m
.
.
.
. ,
' .
-, - , - - .
( d ) "[he Corporation" means rhe Corporarion of Calcuita
cons1;lured under the said '[Calcutta Municipal Wcst Ben.
Acl X X X l l I
Act, 19511, o l 1951.

3(1) "improvement scheme" means an improvement

scheme as described in section 35D,bul does not
include a projected public street or a projected
public park referred to in seclion 63;
(g) "land" has the same meaning as in cIause (a) of
section 3 of the Land Acquisition Act, 1894; 1 of 1894.

(h) "municipal assessment-book"means [he assessmenr-

book kept "[under section 185 of the Calcutta
Municip~lAct. 195 1 ] or the valuation and rating
list prepared under '[section I36 of the Bengal Bcn. Acr
xv of i
Municipal ACI, 19321; 1932. j

( j ) "no~ification"means a nolificalion published in the

'[Oflcinl Gazette];
(kJ "Secretary to the B o a r d means the prcson for the
rime being appointed by the Board to discharge the
func~ionsof Secretary to the Board;
( I ) " Tribunal" means the Tribunal constituted under
section 72;

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

r d the words "Calcurm Municipal Act, 1923" by s. 3 ( 2 ) of the

' ~ u b s r i ~ u ~Tor
Calcutla Improvrmznt (Amcndmcnr) Acr, 1955 (Wesl Ben. Act XXXII or 1955).
2Clausc (e) was rcpcalcd by s. 3 and the Second Sch. of h e Bengat Repealing md
Amcnding ACI, 1938 (Bcn. Acr I o f 1939).
%ubsriiu~cd for the romcr clausc by s. 3 (3) of h e Calcutta Improvement
(Amcndmcnr) ACI, 1955 I\Vesr Bcn. ACI XXXll of 1955).
t c dthe words "undcr sccuon 143 of the C a l c u ~Municipal
4 ~ ~ b s r i ~ u for ~ Act,
1923" by s. 3 (4). ibid.
~ C U words
: and figurcs wcrc substi~utdfor the words md figurcs "sccljon 103
or U-tc Bcngal Municipal Acl, 1884" by s. 3 and the. Sccond Sch. of rhc Bcngal
Repealing and Amending Aci, 1938 (Ben, Acl I or 1939).
%csc Gozcfrc" by pmgrnph
words were substiturcd Tor h e words -'Calcu~fa
411) of rhr Government of India (Adapulion of-Indian b w s ) Order, 1937.
 LatestLaws.com
LatestLaws.com

The Cizlcrrrra I~~rprove~!rerir

Act, 191 1.

(Clrfrprer 11.--The Board of Trii.shrees.-Sections 3, 4.)

'(11) the expressions "b~rsree","drain", "public street"

and "street" alignment" have [he same meaning
as in clauses (101, (26). (60) and (72). respec-
West Ben. tively, of section 5 of the Calculla Municipal Act,
Acr X X X l l i
o f !'XI. 1951.

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)).

5 . [Appoitrrrnerrr of 7rrrsrees.-Otlrirted hy S. 5 af tllc Crrlcrrrru

Irr~proveriierlr(Anlendrr~en;)Acr, 1955 (WL'SIBCII.Act XXXII of
1955).]

8. If any o f the bodies of electors referred to in '[clause (c) or

clause(d) ofsub-section(1)of section4Jdoesnot, by suchdateasmay
be prescribed by rule made in that behalf under section 137. eleci n
person to be a Trustee, the '[Slate Govemment] shall, by notification,
appoint a person belonging to such body to be a Trustee; and any
person so appoinred shall be deemed to be a Trustee as if he had been
duly elected by such body.
Disquidifi- 9. (1) A person shall be disqualified for being appvinted or
carions lor
bcing elected a Trustee if he-
appointed
or clccrcd a ( a ) has been sentenced by any Coun for any non-bailable
Trus~ze. offence, such sentence not having been subsequenlly
reversed or quashed, and such person's disqualificalion on
account of such sentence nnt having been removed by an
order which the 2 [ ~ [ a t eGovernment] is hareby empow-
ered to make, if i t thinks tit, in this behalf; or
( 6 ) is an undischarged insolvenr; or
( c ) holds any office or placc of profit under the Board; or
( d ) has, dircc~lyor indirectly, by himself, or by any partner,
employer or employee, any share or interest in any
conuacc or employment with, by, or on behalf of, the
Buard: or

' ~ e w s c c l i o n4~ was inseried by s. 2 orthe W a r Rcn, AciXXII of 1948: itrrmaincd

in forcc up lo rhc 31sr March, 1950. Vide !iec/ir~tl I(J) of ihe W c s ~Bcn. Act XXLl of
1948, as amendcd by s. 2 of the Wesr Ben. Acr XVIl of 1949.
q h c s c words wcrc suhsrilurcd For ihc words "scclion 7" by s. 6 of t l ~ cCalcutta
lmproverncnr (Alncndmtnl) Acl. 1955 (WCSIBcn. ACI XXXII or 1955.)
 LatestLaws.com
LatestLaws.com

The Cfllctrrra I~tlprovenrer~f

Act, 191 1.

o r l s1 I . )
(Cllaprer 11.-Tlze Bonrd of T r i u f e e ~ ~ . ~ e c r i 10,

(e) is a director, or a secretary, manager or other salaried

nfficer, of any incorporated company which has any share
or interest i n any contracl or employment with, by, or on
behalf' of, the Board.
(2) But a person shall not be disqualified as aforesaid, or be
deemed to have any share or interes~in such contract or employment
as aforesaid, by reason only of his having a share or interest in--
(i)any sale. purchase, lease, or exchangc of land, or any
agreement far the same ; or
( i i ) any agreement for the loan of money. or any securiry for
the payment of money only ; or
(iii) any newspaper in which any advertisement relating to the
affairs af the Board is insenrd ; or
(iv) the occasional sale to the Board, to a value not exceeding
two thousand rupees in any one financial year, of any
anicle in which he lrades ;
or by reason only of his having a share or interest, otherwise than
as director, or secretary, manager or ather salaried officer, in any
incnrporaled company which has any share or interest in any contract
or employment with, by, or on behalf, of the Board.
1
10.While any person is holding the office of Chairman. he shall Thc
Chairman to
not hold any other salaried office and shall devote his whole time and be a
attention to his duties undcr this Act : wholc~ime
olticcr
Provided that [he 2State Government may require him b hold ordinarily.
some ocher salaried ofice in addi~ionto the office ofchairman or may
permit him to performany honorary duries which in theopinion of [he
'state Governmenr will not inierferc with the performance of his
duties under this Act.
11. 3 ( 1 ) The Chairman shall receive such monthly salary nor Rernunera-
lion or
exceeding three thousand and live hundred rupees as may be fixed by Chairman,
the Slare Government.
(2) the word "salary", as used ifi this section, excludes
allowances to which the Chairman may be entitled and any contribu-
tion payable on his account under any general or special orders of the
Government for regulating rhe tgnsfer of Government servants to
foreign servicc.
' T h i s stcuon wac subslirulud Tor ~ h r original
: scction by s. 3 of rhc Calcu~ia
Improvcmcnr (Amendmcnl) ACI. 1948 (Wcsi Ben. ACI X X I l of 193g).
m e word "Slate" was subsiicutcd lor hc word "Provincixl" by paragraph 4 0 )
of ~ h cAdapl~rionof Laws Ordcr. 1950.
JSubsiilutcd Tor thc rorrncr sub-srclion md d ~ cproviso therero by s. 3 ( 1 ) of the
Calcurta Imp~ovcrneni(Amendmcnr) ACI, 1983 (Wcsl Hen. ACI XLlI or 1983).
 LatestLaws.com

Tllc Calcrrrra Itnprovemerri Act, 191 1

I
I
[Ben. Act V ,

I
(Cl~oprer11.-The Bonrd of Trusreex 4 e c r i o t r s 12, 13.)

(3) The '[State GovernmenQ may, if it thinks fit, direct the

payment to the Chairman 2[such house-rent and conveyance allow-
ance as may be decided by i1.J in addirion to his salary.
' ( 4 ) Ifunder section 10, [he 4~rateGovernment requires the
Chairman to hold any salaried office in addition to the office of
Chairman, the salary and allowances (if any) payable to thechairman
for his holding the office, other than the orftce of Chairman, or such
portion thereof, as the 'slate Government may decide, shall, instead
of being paid to the Chairman, be payable to the Board for credit to
the Revenue Account of [he Board.
Lcavc or 12. (1) The '[State Government] may,after consultation with the
absence or
dcpuiarion Board, granr leave of absence lo [he Chairman or depute him to other
or 1l1c duties, for such period as it ~hinksfit.
Chairman.
(2) ThealIowance(ifany)tobepaidtotheChaimanwhileabsent
on leave or deputation shall be such amount, not exceeding his salary,
as may be fixed by [he '[state Government] :
'provided that, if the Chairman is a servant of the Government. the
amount o f such allowanceshall be such as he may beentitled to under
the conditions of his service under the b[~overnment] relating to
transfer to foreign service.

Appoinl- 13. ( 1 ) 7[Whenl the Chairman is granted leave of absence or

rncnt, crc.,
of ming deputed ro ot herduties,the '[state ~ovemment]may appoint a person
Chairmnn. to act as Chairman '[during the period of leave or deputation, as the
..
case may be.]

l,Tfr fool-nn~r2 on pagc 303. orltc.

q h c words within squaru: brackcrr, wcrc subsrilured Tor ~ h cwords "or a house-
rcnr and convcymcr allowance, no1 cxcccding fivc hundrcd rupccs per mcn.rcm." by
s. 3(2) 01Ihu Calcurla lmprovcmcnl (Arncndmcnr) Acl, 1983 (We<[ Ben. ACI XLII of
- ,
1983).
%is sub-seclion was addcd by s. 4 or the Cnlcutw Improvement (Amendmeno
ACI. 1945 (\Vcsr Bcn. Acr XXll of 1948).
dSce loor-nore 2 on pagc 307, arlfe.
'Illis proviso wos subsriiurcd lor hr:original proviso by paragraph 3 of. and Sch.
, I V to. the Govcrnmcnr o f India ( ~ d a ~ m f born lndiiln Laws) Ordcr, 1937.
m e word "Govcrnmcnt" was subsiiiured Tor rhe word "Crown" by p m g n p h
J(I) of ihe Adnprarion ni Laws Order, 1950.
'~ubsliturcd lor rhc word "whenever" by s. 711) of rhc Calculta lmprovemenl
(Amendmenr) Acl, 1955 (West Ben. Aci XXXll of 1955).
' ~ d d t dby s. 7121, ibirl.
 LatestLaws.com

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 .

(3) Any person appointed [o act as Chairnlan shall exercise the

powers and perfom1 the duties cnnferred and imposed by and under
this Act on thc Chairman, and shall be subjecl lo !he same liabitities,
restriclions and conditions as the Chairman.
14. The Board may permit any Trustee, other than the Chairman Lcavc of
abscncz lo
or the 2[~ornrnissionerof the Corpomtio~i].10 absent himself from other
meetings of [he Board for any period not exceeding six months. Tmsrccs. . ,

15. ( 1 ) The '[Sate Government] may, by notification, declare Rcmovul or

Truslcrs.
that any Trustee shall ceasc to be a Trustee-
( a ) if he has acted in contravenlion of section 23, or
( b ) if h e has been abserll from, or is unable to attend, the
meetings of the Board for any period exceeding six
conseculive mnnths. or
(cJ if he has, without rhepemission of the Board, been absent
from the meetings of thc Board for any period exceeding
three consecutive months, or
(d) if he is a salaried servant of the Government. and if his
continuance in office as a Trustee is, in the opinion of the
1
[Sale Governmenl], undesirable.
(2) The ' [state ~ o v e r n m e n tshall,
j by notilication declare that .
a Trustee shall cease to be a Trustee-
( i ) i f he has become disqualified for appointment or eleclion
as a Trustee for any or the rcasons mentioned in section 9 ;
or
(ii).if he was elected or appointed as being a member of the
Corporation. the Bengal Chamber of Commerce or the
Bengal Narional Chamber of Commerce 3(or [he Indian
Chamber of Commerce or thc Bharat Chamber of Com-

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

me words "Lxcculivc OIficer or ihc Corporalion" wcrc originally subsriturcd
for rhc words "Chairman or 111c Corporarion" by s. 2 and rllc First Svh. nl \he Bungal
R~pcalingmd Amcnding Acl, 1938 (Ben. Act I of 1939). and thcrcarrcr the word
"Cornmissionrr" W L ~ subsriiuled for the words "Execulivc OrT~ccr"hy s. 8 of ibc
Calcuiia In~provemcnl(Amendment] Aci, 1952 (Wcur Dcn. Acl X X X I I or 1955).
qhc words within square brackets wcre inscr~tdby s. 9 or thc Calculra
lrnpmvcmenr (Amendmcnr) Acf. 1955 (Wrli~Bcn. Acr XXXll of 1955).
 LatestLaws.com

3 10 The Cnlcrrrrn itrrprove~rle~rr

Acr, 191 1.

[Ben. Act V
16, 17.)
(Cl~irprerI/.-The Board of Trrrsrer~.-Secrioi~~

merce] and if he is, a t lhe date o f such notifica~ion,no

longer a member of the Corporation or such Chamber, as
(he case [nay bc.
(3) If at any time it appears to [he '[slate Government] that the
Chairman has shown himself lo bc unsuilable for his office, or has
been guilty nf any misconduct or neglect which renders his removal
expedient, it may, by notification, declare that the Chairman shall
ceasc to hold oflicc as such.
Filling uf 16. If any Trustee be penniltcd by the Board to absent himself
casual
v:cnntizc i n from mechngs of the Board for any period exceeding three months,
cerrnin
ca<cs.
or if any Trustee, other than [he ZICornrnissionerof [he Corpora-
lion), dies-or resigns the office of Trustee, or ceases LO hold the office
of Trusicc irr pursuance of a nolit'ication published under section 15.
rhe vacdncy shall be Filled, within onc month, by n fresh appoint-
ment or elecdon under 3[sub-sec~ion(I) OF section 41 or section 8, as
the casc may be.
Term or 17. (1) The term of office of the first Trustees appoinled or
ollicr: nf
Trusrccs. ztecred under 4[sub-sectian (f) of section 41 or section 8, other than
the Chairman. shall commence on such day as may bc appointed by
the '[Stale Government].
(2) Subject LO Ihc provisions OF sectior~15, die rerm of officc of
Trustees (orher than the5[Comrnissionerof the Corporation]) shall be
as follows : -
'(a) the Chairman-such period no1 exceeding three years as
may bc tixed by the State Govcrnmenr :

Zl'hc wards "Excculluc Oificrr of thc C u r p r ~ r i v n "~vcrt:originally subsritu~cd

" s. 2 and [he Firsr Sch, oi the Bcngal
lor rhc words "Chairman or the C o r p r ~ ~ i o nby
Rrpu;l!ing and A~ilcndingAcr, 1938 (Bcn. Acl I or 1939), md IlicrcaF~errhc word
"Carnmissioocr" W L ~ substiluted Tor thr words "Exvculjve Offirzr" by s. JOlil of
lhc Calcurra Inlprovcnwnl (Amcndrnenl) ACI, 1955 (\Vest Rcn. Act X X X I I or 1955).
3Subsliluicd Tor the words "secrion 5 , sccrion 7'' by s. 10(11), ibirl.
dSubs~i~u~udfor ~ h cwords "seclim 5. sccrion 7.' by r. I l(iA ibid
?he wnrds "E~ecuriveOlCiccr of the Corpora~ion" werc originally subsdtutcd
Tur Iht words "Chairnlan uf thc Corpurarioo" by s. 2 and ~ h First
c Sch. or (hc Bcngal
Rcpc:ding antl Amending Acl. l93R (Bm. ACI I uT 1939). and ~ h e r r ~ r t c [he
r word
"Co~nn~issionei' wa$ substilu~cdlor thc: vords "Erccutivc Ollicer" by s. II(Zl(n).
ibid.
d ~ i r s ~clause
ly (a) tvns substiiutcd for lllc lumcr clauw by I;. I I (2)(bt ihid.
Tllcrualler, clausc lctl was suhsti(uied hy p;l~n. 1 or. and lhc Sch. 10, the Calcur~a
Mclroprrlitnn Dcvclopmenr Authority Acl. 1972 (Urcrr Hen. ACLX[ of 1972)- see
srvrion 6 of the Calculta Melrormliran Dcvclopmrnt Authori~y(Ammd~ncnr)ACI.
11174 (Wcsr Bun. ACI XXI or 1974).
 LatestLaws.com
LatestLaws.com

Provided that thestate Governnleo~may, if it thinks fit,

extend or reduce the period from lime ru time.
( b ) a Trustee appointed or elecled in pursuance of section 16
in [he place o f a Trustee who has been to absent
himselF from meelings of the Board-the period of [he
absence of the latter Trustee ;
(c) other Trustees-three years
'provided lhat when a vacancy occurs i n rhe seal of
a member elected under clause (c) or clause (d) of sub-
section (I) of section 4 by death or resignalion or for any
other reason, the bodies concerned shall elect a person to
till the vacancy within such time as the State Governmen!
may prescribe by rules, and the Tmstee so elecled shall hold
office as a member of the Board for the residue or rhe term
of office OF the member whose sent he is elected ro fill.
(3) Any Trustee shaII, i f not disqualified for any of the reasons
mentioned in section 9, be eligible far re-appointment or re-election
at the end of his rem of office.

Corrduct of Bl~si~ilress.
18. The Board shall meet, and shall from time to time make such Mccrings or
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 :

'Pmvisn addcd by s. 1 I(2)fu) of thc Calcutta Improvcmcnr (Arncndmvnt) Act.

1955 ( W u l ken. Act X X X l l of 1955).
2Substi~u~cdlor thc fnrrncr ~ l a v s eby s. 4 o i thc C a l c u t ~lrnprovcment (Arnmd-
~ Act XLlI or 1983). Prior to lhis substitution thc word "one-
men11 Act. 1983 I W E SBm.
rhird" was subslirulud Tor the w o d "hair' by s. 2 or thc Catcuria Iniprovrnicn~
(Arnt.ndtnmt) Acl. 1973 [Wcst Ben. Acr X X V of 17731.
 LatestLaws.com
LatestLaws.com

Tlie Crll~-~i.rrrm Act, 19 11.

Ilrrprovett~e~rt
[Ben. Act V ;I
!

Provided that n o quorum shall be necessary for an adjourned

mce~ing,
1
(el evcry meeting shall be presided over by the Chairman and
in his absence,by a Trustee chosen by the Trustees present
to preside over the meeting ;
(fl all questions shall be decided by a majority of votes of the
Trus~cespresent, the person presiding having a second or
casting vote in all cases of equality of votes ;
(8) if a pol I be demanded, Ihc names of t he Trustees voting, and
he nature of their votes. shall be recorded by !he person
presiding ;
2 ( h ) minutes of the proceedings of each meeting (together with
thc names of [he Trustees present) shall be recorded and
such minutcs shall be-
( i ) rcad nt the ncx~ensuingmeeting by the person presiding at
such meeting,
meeling, and
( i i ) signed by the pcrson presiding a1 such
(iii) open to inspeclion by any Trustee during office hours.
Tcrnporary 19. ( I ) TheBoard may associate wirh themselves. in such manner
associalinn
or rncnibers and forsuch period as may be prescribed by rules made under section
with the 1 38 3[any person or persons) whose assistance or advice ihey may
Board for
parricular desire i n carrying out any o f the provisions of this Act.
purporcs. (2)A pcrson associa~edwith themselves by the Board under sub-
section ( I ) for any purpose shall havc a right to take part in the
discussions of the Board relative lo that purpose, but shall not have a
right to vote at a meeting of the Board, and shall not be a member of
(hc Board for any othcr purpose.

20. (1) The Board may From rime to time appoint Cornmil[ees
consis~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

Tlie Calcrrrrn Ingroveme111A c t , 191.1.

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

Provided that no Commitree shall consis~pfless than lhreepersons.

(2) The Board may-
(0) rel'er to such Commirtees, for inquiry and rcpon, any
mauec relaing'tu any of the purposes of this Act. and
(b) delegate to such Committees, by specific resolution, and
subjec~lo any rules made under section 138, any of the
powers or dulies of the Board.
(3) The Board may a[ any lime dissolve, or, subject to the
provisions o f sub-section {I), alter the constitution of, any such
Committee.
(4) Every such Committee sliall conform to any instructions from
time to time given to them by thc Board.
shall be subject to
(5) All proceedings of any such Co~n~nittee
contirmation by the Board.

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

adjourn as Lhey think proper ; but the Chairman may. whenever he
thinks Fit, call ii special ~nectingol' any Committee. and shall call a
Mcclinss of
Commirtces.
II
!
special meeting of any Cornmiltee upon [he wrirten cequesL of nu1 less
than ~ w omembers thereof.
(2) Tt~eperson to preside at a meeting of a Cornrnirtee shall be thc
Chairman, if he is a member of the Commirree, or. if he is not a
member '[or is absent], then the members prescnr shall choosc one ot'
their number to prcside.
2(3)One-llnlf of thc number of lhe members o f [he Committee
shall make a quorum for [ransaclion ol' business a t any meetins :
Provided that no quorum stiall be necessary Tor an adjourned
meeting.
(4) All questions at any meeting of a Cornmiltee shall be decided
by a majori~yor voles of the members prcscnt, the person presiding
having a second or castins vore in a l l casts of'equali~yOF voles.

'Inscrtcd by s. 14 o f 1l1cCalcui~almpruvzmcnr (Arncndmcnl) Acr, 1955 (Wmi Hcn.

Aci X X X l l n i 1955).
e d IIIC forr~lefsub-seclion by s. 5 or 111c Calcu~laInlprovcmcnt
2 ~ u b s ~ i r u ~Cor
(A~ncndnicni)Acl. 1983 (Wcsl Rcn. Act XLll o f 1983). Prior ro [his suh.criiurion (lie
word "one-third" was suhslilurcd for lllc wnrd "hair' by s. 3 or rhrr Calcutta
lli~pruvcmcnl(A~ucndrnent)ACI, 197.7 (Wzsl Ben. Act XXV or 1973).
 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

(ii) he shall not vote at any meeting of the Board or any

v: Committee upon any resolution or question relating to such
land, and
(iii) he shall not take any orher part in any proceeding at a
meeting of thc Eioard or any Committee relaling to such
area if [he person presiding a[ the mceting considers it
inc~pcdienlthat bc should do sn.
'23A. The Board may, on behalf of any person or the State Powcr of
Board lu
Government, execute any work or render any service, not being a UXCCUlC
work or service which is inconsistent with the provisions of this Act, ct11ain
in any area lo which this Act applies on such terms and conditions as works or lo
rcndcr
may be agreed upon between the Board and such person or ihe State urrlain
'
Government, as the case may be : scrviccs.
Provided that when any work is executed or any service is rendered
on behalf of any person, no such work shall be executed or services
rendered except with the previous sanction of the State Government.
I
24. The Board may Z[perfnrmall such Functions or] enlcr into and Powcr lo I
I
make and
perlvrm all such contracts as they mny considcr necessary or expedient pcrrorm
I
I
for carrying out any of the pruposcs of [his Act. contracls. !
I

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- -
.,.
,-
. .

4Provided that a cuntract involving an expenditure exceeding v a l u l es~i- . . .

malts,
'[fil'ly thousand rupees] shall not be made by thechairman without [he
previous sanction of the Board :
*Provided funher that a contract involving an cxpendirureexceed-
ing " ~ w e n t ~ - f i v elakhs of rupees] shall not bc made without the
previous sanction of the State Government ;
' ~ r c t i o n23A wac inscrud hy s. 2 or ihe West Bengal Improvcmcni Laws
(A111cndmr.nl)Act. 1972 (We61 Ben. Acl VlII or 1972).
2tnscncd hy s. 16 of the C:~lcutta Irnpravcmsnr (Arncndmcnl) Acr. I955 (Wzsl
Hcn. Act XXXlt of 1'355). .

'Thcsr: prnviso~wcru subs~i~utcd for 1111: lorl~icrproviso by s. 18(n), ibirl.

%r. words w i ~ l ~ square
in s substi~uttdfor rhc words "fivc ~l~ousand
b r ~ c k c ~were
rupecs" by s. 7 (A) or the Calcui~;!tmprovcmcnt (Amcndmcni) ACI. 1983 (Wcst Bcn,
Act XLll of 1983).
q h c words within squarc brackets were substilulcd Tar lhc words "live lakhs o i
rupecs" by s. 7th). iljirl.
 LatestLaws.com

The Cnlcrrtta I~r~l~rove~~letrr

Act, 191 1.
I
[Ben. Act V i
(Cftnprul- 11.-Tlre Board of Triurees.-Secrior~s26, 27.)

(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 :

' ~ h cwords "or abandon~ncnt" wcrc omincd hy s. 18(b) o f the Calcurla

Improvcmtnl (Amzndmcnr) ACI, 1955 ( W v s ~Bun, Acl X X X l l or 1955).
q h c words within squarl: brackels wcrc substilutrd Int the word!: "unc thousand
rupess" by s. I uirhc Calcutla Iniprovcmen~[Anrtndnicnt) Act. 19B3 (\Vzsr 8 c n . ACL
XLll or 19Xf).
'Firstly !hc words "live thousand" were subs~i~utcd for thc wards "one
Ihuusand" by s. 19(ll af the C;~lcurtnIniprovemen~(Amcndnicnr) Act. I955 OVesI
Bcn. Act X X X I I of 1YS5). Tlicrcaltcr tlic words within squarc brackets were substilurcd
Tor the wurds "fivc !ljuusand rullces" by s. 9(n) o f [Iie Calcutl;~ Improvcmcnl
(Aniclidmenl) Acr. 1963 ( W c s ~Hto. Act XLIl of 1913).
 LatestLaws.com

'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.

'This pmviso was ilddcd by s , IYlZ) o l tlic Calcutta Irnprovcrnent (Arncndmcnr)

Acl. 1955 (Wcsl Scn. Act X X X l l ur 1955).
2 ~ r s t l y .thc words "iivc lakhs" rvrrr: substi~urcdfor ~ h cwords "onc lakh" by
s. 1913) orrhc C;~lcu~ra 1rnpror.crnent (Amrndmrnt) ACI, 1955 (Wcsl Bcn, ACLXXXll
or 1955). Thcruancr the words willlin rquarc brackcts wcrc subsrirulcd Tor thc words
"five lakhs o f rupccs" by s. 5rlb) or rhc Calcu~taImpruvcmrnt (Amcndmcnr) Acr.
1983 (Wcsr Bcn. Acr XLtl nf 1983).
'SLT roo[-norc 2 on page 303, ntrfc.
'Thc words wiil~insquare br;~ckcrswurc suhsti~utcdTor the words "unc thuus~nd
rupccs" hy a . 10 or rhr: Calcutta Impruvcmcnr (Arncndmcnr) hcr, I983 ( W e s ~Ben.
Act XLII of 1982).
 LatestLaws.com

The Culcrrtra Itr~prove~net~f

Acl, 191 1.

[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.

Powcr io '29A. (I) If after considerarion of any report or of any informa-

Sta~c
Govcrn- tion received, the State Government is nF opinion-
mcnl lo
requirc (u) that any action taken by the Board is unlawful or irregular
Board to or any duty imposed upon i t by or under this Act has not
lake action.
been performed or has been performed in an imperfect,
insufficient or unsuitable manner. or
(b) that adequale linancial provision has not been made for the
performance of any duty,
the State Government m a y by an order restrain the Board from
performing the act or direct the Board wirhin a period specified in [he
order lo make arcangemenrs to its sarist'ilc~ionFor the proper perfor-
mance of theduty or to make financial provision to its satisfaction for
the performance of the duty, as the case may be :
Provided that, unless in the opinion of [he State Governmen1 [he
immediateexecution of such order is necessary. [he Stale Governmenl
shall before making an order under this sub-section give the Board an
opportunity of showing cause why such order shall not be made.
(2) In) If within the period specified in any order issued
under sub-section ( l J any action direcled under that sub-section has
not been duly raken, or cause to the sa~isfactionof the State Govem-
ment is not shown under the proviso to that sub-sec~ion.the State
Government may. by order,
( i l appoint a person LO take the aclion so directed,
(ii) lix the remunerarion to be paid to him, and
( i i i ) direct that such remuneralion and the cost of taking such
aclion shall be defrayed out of the Board's capilal accounl;

'See fou~-no~c
2 on page 303, nr~re.
'Seccrinn 29A was inserted by s. 2 or ~ h 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

((1) the number, designations and grades of the officers and

servanls (other than employees who are paid by the day or
~ ~ ~ ~ ~ ~
whose pay is charged to temporary work) whom they
consider it necessary and proper to employ for the purposes
of [his Act,
( b ) [he amounl and nalure of the salary, fees and allowances to
be paid to each such officer and servanL, and
( c ) the contributions payable under section 146 in respect of
each such ot'licer and servant.
31. The Bnard shall From time to time make rules- Roard ro
makc rules.
((1) tixing the amount and nature of thesecuriry to be furnished
by. anyafticer
. or servant of the Board from whom it may
be deemed expediem to require securily ;
{bJ for regulating the grant of leave of absence, leave allow-
ances and acring allowances lo [heofficers and servnn ts of
the Board ; * * '
(c) fur establishing and mainraining a provident or annuity
Fund, for compelling all or any of the ofiicers or servanls
of the Board (other ~hnnany '[servanl of the Governmen11
' ~ h cword "and" was orniircd by s. 2011) bf rhe Citlcuita I~i~provcmcnl
(Arncndrncnr) ACI. 1955 (Wcsr Bcn, ACI XXXLl of 1955).
?hc words "scrvani of ihc Crown" wcrc ariginnlly subztiiurcd for the words
"scrvan~or rhc Govemmenr" by p : m . 3 and Sch. I V lo ~ h cGovcmmcnr or India
(Atlaptalion o i Indian Laws) Ordcr. 1937. and therrdtrr the word "Govcrnmcni"
war .cubsli~utcdTor ~ h cword "Crown" by paragraph 4(1J of ~ h Adnplaiion
z or Laws
Ordcr. t 9SD.
 LatestLaws.com

Tlrc C{rlcrrrm It~rproveteerltAcr, 191 1.

I
11.-The Boo r-d o/ Trrrstr.~.s.-Secriu~~
(Cl~r~pprer 32.)
i
I

i n respect o f whom a contribulion is paid under section

146) to coniribule to such fund, at such rnres and subject to
such condirionsas may be prescribed by such rules, and for
supplementing such cantriburions out of the funds o f the
'[Board ;]
' ( d ) regulating the compassionarc allowance and graruiries to
officers and servants of the Board and families of deceased
ofticers and servants ;
2(e) prescribing the qualifications for ern ploy men^ o f officers
,and servanls of ihe Board ; and
'(f) regulating thc conduct of officers and servants of the
Board :
3 ~ r o v i d e dthat a servant of the "Governrncn~] employed as an
officer or servant of the Board shall not be entirlcd to leave nr leave
allowances othenvise than as may be prescribed by the conditions of
his service under the 4[CovernrncntJ relating to transfer ru foreign
service.
Powcrs of 32. 5 [ ( 1 ) ] Subject to any direcrions cont;lincd i n any statement
appoinr-
men\. crc.. prepared under section 30 and any rules made under sccrion 3 1, and
in whom for [he time being in force, the powcr o f appointing, promoting and
vcsrrd.
granling leave lo officers and servants ol' the Board, and reducing.
suspending or dismissing [hem for misconduct. and dispensing with
their services for any reason o~herthan misconduct, shall be vesred-
I n ) in the case of officers and servanls whose rnonlhly salary
does not exceed '[seven hundred and fifty rupecsl-in the
Chairm;in, and
( h ) in other cases-in the Board :
Provided that any nfficer or servanl in receipt of a monthly salary
exceeding '[Five hundred rupees] who is reduced, suspended or
dismissed by the Chairman may appeal to the Board, whose decision
shall be finill.
'Subs(iru1cd for the wvrd "Hoard" by s. ?OIZ) (II the Cnlcurra lnlprovz~ncnt
(Amrndrncnl) Acr. 1955 IWrsi 13un. ACLXXXll or 1955).
'Cl~uscs((I), re) and V ) were d d ~ d by s. 20(.?), ibid
'This proviso was subsliturcd Ct~rthe original provisu by p m . 3 and Sciicdule IV
ia Ihc Govcrritnen:nl or India (Adaprarinn n( Indian Laws) Order. 1957.
d~'ecfoor-norr El un pagc 308. R I I I C .
'~cclion 32 was rcnumhrcd sub-section ( I ! of that scclion by s. I I of lhc
Calculh Improvemenr IA~ncr,dnicnt)Act. 198.1 (Wcsi Hcn. AcL XLlI or 198.1).
bThc wards within square hrnckc~qwcrc subs~i~uttd for the words "tllrcc hundred
rupccs" hy s I Ill)((/), ilrirl.
7 ~ hwords
r within squarc hriickr~swcrc s~bslitur~d lot the words "onc hundred
rupccs" by s. I l(l)(b).il>i(l.
 LatestLaws.com

Tile Calc~~rra
bmprovertrerlf Act, 1911.

{ C ~ a p r e I1.-Tllc
r Board of Triurccs.-Jccriun 33.)

'~rovidedfurther ~harthe Chairman or the Board, as the case may

, be, may, with the previous sancrion of the S ~ a t eGovernment,place an
officer or servani under suspension where a disciplinary proceeding
or n depanmenial cnquiry against the officer or the servant is
con~ernplatedor is pending or where a case against such officer or
servant in respect of any criminal offcnce is under investigation.
2[2) Notwithstanding anything contained in sub-section (I), thc
State Governmen1 shall have power to appoinr any person who is or
has been in the service of the State govern men^ to any post of the
Board carrying a monlhly salary exceeding one thousand and fivc
hundred rupees :
Provided tha~the person so appointed shall be under the admin-
isira~ivecontrol of the Chairman.

' 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].

s his proviso rvns inscrrcd by s. I I(I)(c) of 1hc Calculla Improvcnicnl (Alncnd-

~ncnl)ACI. 1983 (We$[ Ben. Act XLII or 1983),

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 * * * *

(2) The exercise or discharge by any officer of any powers,

delegated to him under sub-section ( I ) shall be
duties or ru~~crions
subjectto suchcondilionsand Iirnitarions(if any) as may be prescribed
in the said order, and also to conlrol and revision by the Chairman.

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

(a) the acquisition by the Board of any land in the area ,

Improve-

comprised in the scheme, which will in their opinion be schemc5.

required for or affec~edby the execution of the scheme ;

(h) the laying out or re-laying out of the land comprised in rhe
scheme ;
( c ) the dernoli~ion,
altern~ionor reconstruction OF buildings or
porrions of buildings situated on the land which i t is
proposed to acquire in the said area ;
(d) the cnnslruction of any building which the Buard may
consider necessary to erect for carrying out any of he
purposes of [his Act ;
[ e ) the laying out or construction or alteration of streets
(including bridges, causeways, culvens), if required, and
rhe levelling, paving, metalling, flagging and channelling
of such streetsand planting of Hower bushes or lrees on the
sides of such streets ;
(f) [he sewering and draining of such streets and [he provision
[herein of water, ligh~ingand other sanitary conveniences
ordinarily provided i n a municipality ;
(gJ raising, lowering or levelling of any land in the area
comprised in the scheme ;
(11) the provision of accommodation for any classes of inhab-
itanls ;

' ~ e croot-nule 4 on page 322. arrtc.

 LatestLaws.com

The Culcrrrra I ~ ~ ~ p t ~ o v e tAct, rt I I .

~ r e r I9
[Ben. Act V

i Ihe formation and retention of open spaces, gardens, parks,

play-grounds, lakes, and the provision therein of athletic
[racks and stadiums, recreation buildings and structures
and nther necessary aids to Field and aquatic sports,
arboriculture and any other objects which the Board
consider desirable to provide ;
( j ) controlling the use of land devcloged by the Board by
zoning or reserving areas for speci tic purposes ;
(k) any other mauersconsistent with this Act, which the Board
may ~hinktit.
(2) When areas are reserved for specific purposes, under
of sub-section (I), it shall be the duty of
clauses ( i ) and (j)
the Corporalion or [he Commissioners ofthe municipality,
within whose jurisdiction such areas are situated, to pro-
hibir and prevent their use in violation of such purposes.
Types or I
iniprovc-
3SD. An improvement scheme may be of one of [he folIowing
nwnr Lypes or a combination of any two or more of such lypes or of any
schcmcs. special features thereot; [hat is to sny-
((1) a genernl impmvement scheme,
(b) a sueet scheme,
(c) a housing accommoda~ionscheme,
( d ) a re-housing scheme.
Whcn 236. Whcnever it appears [o [he Board, whether upDn official
general
improvc- representarion made under section 37 or without such representa-
mznt tion,-
schcrne may
be Immcd. In) that any buildings in any area which are used as dwelling
places are unfit for human habitarion, or
( b ) that danger 10 the heallh of the inhabitan~sof any area or
of a neighbouring arca is caused by-
(i) the narrowness. closeness and bad arnngemenr and
conditions of srreers or buildings or groups of build-
ings in such area, or
( i i ) rhc want of light, air, ventilation or proper conve-
niences in such area, or
(iii) any olher sanitary defects in such area, or

'SW foot-nolc 4 on page 322. n l ~ t c .

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

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

Schen~es.-Sec~iotrs37, 38.)
(Clrapter ilI.-l~r~prr~vcr~~ei~t

(c) thar any aren i s undeveloped or has been developed without

a sa~isfactoryplan or design and !hat it is necessary to
develop or re-develop it on a belrer plan aft& incorporating
all or some of the improvements mentioned in secrion 35C,
the Bnard may pass a resolution lo the effect that a general improve-
ment scheme ought m be framed i n rcspect of such arca and may then
proceed fo fmnle such a scheme.
. .
37. (1)An official represenration referred to in section 36 may Aulllorily
for making
be made by the Corporation- Ul O ~ ~ ~ C I B I
reprcscnla-
( a ) of their own motion ; or lion for ;I
, .
. .

( b ) on a wrilten complaint by the '[Commissioner] of the gzncral

Irnprovz-
' Corporation ; or lllcnl
schcnlc.
' (c) in respect orany areacomprised in a rtiunicipal ward,-on
a written complaint signed by twenty-five or more resi-
denls of such ward who arc l hble to pay either the owner's
share or the occupier's share of the consolidated rare
W C L ~Rcn. leviable under '[the Calcu~taMunicipal Act, 1951.I
Acl XXxlll
of 1951. (2) If thc Corporation decide not to make anofficial represen-
tarion on any complaint made to them under clause (b) or clause (c),
they shalI cause a copy of such complaint to be sent to thc Board, with
a staremen1 of the reasons for their decision.
38. ( I ) The Board shall consider every ofLciaI representation Considcr-
ation a i
made under section 37. and, if satiskd as ro the truth thereof and to orficial
the sufficiency of their resources, shall decide whether a general rcpresrnra-
[ions.
improvement scheme to carry such represenlation into efrect should
be framed Forthwilh or not, and shall forthwith intimare their decision
10 rhe ,Corporalion.
(2) Iflhe Board decide [hat i t is not necessary or expedient to frame
a genenl in~provement scheme forthwith, they shall inform [he
Corporation of the reasons for their decision.
(3)Iflhe Board bil,for a period of ~welvemonths after the receipt
of any official representation made under section 37 l o intimale rhcir
decision thereon to the Corporalion,
or if rhe Board intimate to the Corporalion their decision h a t it is
not necessary or expedient to frame a general improvement schernc
forthwith,

e dt l ~ swords "Healrh Ollicei' by s. 2511) o f thc Calculta Irnprovc-

' ~ u b s ~ i ~ u rTor
nicnr (A~nendrncnl)Acr, IYS5 (WCFIRen. ACLX X X I l of 1955),
2~ubsriruiedTor the words "the Calcuua Muncipal Acl. 1923" by s. 25(2). ;bid,
 LatestLaws.com
LatestLaws.com

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

( b ) are likely lo be displaced by [he execulion of any improve-

ment scheme which it is intended to fnme, or to submir to
[he Stale Governwent for sanction under this Act.
'39C. (I) When a general improvement scheme menriancd in Provisions
to bc mndr
secrion 36 or a housing accom~nodnrionscheme mentioned in section Tor the
39A or a combinalion of both, i s likcly lo involve displacement of rcl~ousinp.
nC btrsrcc'
persons dwelling in a I~rrsree,provisions for rehousiug such persons J~vcllcrsin . .
sllall be made either in lhc same scheme or by another scl~rmcand the rhc uf
uurtnin . . , .
schernc or schemes, as thc case may be, rogether wirh a staremcnl of schcme~. , .
the rent or rents proposed to be charged Ibr such rehousing, shall be
submilled l o the State Government fnr its approval beforc any steps
are rake0 under secrion 43.
(21 In considering thc scheme or schemes submitted undcr sub-
sec~ion(I),the Stiile Govcrnmert~shall havc regard to the rent or renrs
indicated in he said sclicme or schemes for accomrnudatian to be
provided for the displaced brrsree-dwellers, and may, if necessary,
give financial aid to the Board in urder t h a ~[he rent may be such as.
in the opinion of the Statc Government, is reasonable, and also lay
down thecnnditions forgiving such'aid beforc the scheme or schemes
i s or are sanctioned under scction 48. .
(3)Tlic Board shall bc eniitled to proceed lo execute under secrion
49 any scheme referred ro in sub-section ( I ) provided that no htrstee-
dwellers arc displaced unlil arrangements for rehousing [hem have
previously been made.
40. [Marreru io be corrsid~.x~erl117lterlfirruling ittrprove~ne~rr
srlretrres.-Oalirrd by s. 27 of rl~cCcilcrrrm Ir~lprzlvcmenf(Amend-
1net11)Acr. 1955 (West Bert. Act X X X I l uf 1955j.l
41. [Mnrters witich rrtrrsr br. provided for- irl irlrpmvet~retlr
scrl~etn~.s.-On~irred by s. 27 of rl~eCularrrrn Itr~provetrrertt( A ~ n e ~ l d -
tncti~)Act. 1955 (West Bet). Acr XXXIl of IY55).1
42. [Mntters wi~icir/tiny be yro~iderlfor h inlyr-ovcn~cxrr
.~clren~es.-Onlirtedby s. 27 of rlre Colcirlto Itr~pl-ovet~~orf (Atttetth
t ~ r e t ~ Act,
r) 1955 (Wesr Ben. Acr XXXII rf i955).]
Prcpararion.
43. ( 1 ) When any improvement scheme has been framed, [he publiua~ion
and Irans-
Board shill1 prepare a noricc, staling- mission or
nolicc ils IU
( a ) the h c l (ha1 the scheme has been framed, i~uprovc-
( b ) the boundaries of the area comprised in the schcme, and men[
schcme. and
supply or
docunic~us
1,s :unnli-
 LatestLaws.com

Cnlctrttli i)nprovemet~tAct, 19 11.

[Ben. Act V I
!

( c ) [he place at which particulars o f the schemc, a map of the

area cvniprised in the schemc, a11d a slalernenr of the land
'
which it is proposed to acquire [and of ~ h land
c in regard
to which it is proposed to recover a betlerment fee], may
bc scen nr reilsonable hours.
(2) The Board shall-
(i) cause [he said norice to bc published weekly for three
consecutive weeks in he 2[0flcin/ G(I:PII~] and i n local
newspapers, with ;I statement of the pcriod within which
objections will be received, and

3 ( i i ) send a copy of the norice lo theCommissioner of thc

Curpora~ion,to the Chairman of any Municipal ity consri-
tuted under the Bengal Municipal Ac[, 1932, to 1heGenernl
Manager of the Calcutta Metropolitan Waler and Sanita- Bcn. Acr
xv of
tion Authority and to the Chief Execulive Ofhccr of the lp3nv i
I
Cnlcut~aMclropoliti~nDevelopn~ent Authority wilhin whose
jurisdiction any portinn of the area comprised in the
scheme i s siruared.
i
(3) The Chairman shall cause copies of all documents referred to - I
in clause (c) of sub-section (1) to be delivered to any applicant on I
!
payment uf such fee as may be prcscri bed by rule made under sec~ion
138.

'TI~U.FC words were inscrtcd by 5 . 3 o f ~ h cCalculta Im~ravcrneni

(Arncndmenl)
ACI. I931 (Bcn. Acr V I l l of 1931).

3Clausc ( i i ) w i s suhstirurcd 'ror rhc nriginal clilusc by s. 14 of thc Cilcuiia

Iinprovc~iicni[Arncnd~ncnt)Act. 1983 (Wcsr Bcn. Aci XLII o i 191(3), Prior l o h i s
subsri~urinnihcrr: wcre rollowing changes ill original clausc (iil, namely : -
illc words "Execulirc OTficcr uT the Corporalion" wcrc originally subslitu~cd
lur ihe words "Choirman nf thc Corpmlion" by 5. 2 and ihc First Sch, o r t l ~ cB c n g ~ l
Repealing and Amcnding Act, 1938 (Ern. Act I of 1931)) and Il~erraf~cr rhc word
"Cnmmissionur" rvas substiru~udTor the words "Exccurive OTficcr" hy s. 25 of the
CalcutLa Inlprovmlcnt (Arncndmcn~)Act. 1955 (Wvsi Ben, Act X X X l l of 1955).
( h ) tllc figures "1932" wcru subsii~uredfor thc hgurts "1884" by s. 2 and the
Fird Sch. n f ~ l l cBcngal Rcprillilig and Amending Act. 1938 (Rcn, Act Iuf 1939). and
(cl afiur the words "in w h i c h rlic words ".and ro ~ h cGcneral Managcr u l the
Calcutta ~~cirupuliciln Watcr and Sani~a~inn Auihorily witliin whwz jurisdiction,"
wcrc inscrird by pnril. I oi.,and rhc Third Sch. lo. ilic Calculla Msrropoli~nnWnicr and
 LatestLaws.com

Tl1.k Cfllctrrrcr Ilrrprovcment Acr, I91 1.

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

(2) Such notice shall-

(o) state that the Board propose to acquire such land 'lor to
recover such beltcrmcnt feel for the purpose o f carrying
out 2[an irnprovcmcnt scheme], and
/b) require such pcrson, if he dissents from such acquisition
3[or from the recovcry of such betterment fee], to state his
reasons in wriring within a period of sixty days from [he
service of the notice.
c e bc signed by. or by the order of the
(3) Every such ~ ~ o l i shall
Chairman.
1:urniching 46. Thc d[Commissioner of the Corporrrtion], and the Chairman
u l vupy uh
nr txkracis of any Municipality cunstiru~edunder [he Bengnl Pvlur~icipnlAct. Rcn. Act
frorn. t l i t 5[1 9321, in any part of which lhis seclion is for 111ztitne being in force, X V Or
nluliicipal 1832.
nsscssmrnl- sh;~ll,respcctivcly. furnish the Chairm;u~.at 11isrequest. with a copy
bonk. of. or extracu From, the municipal assessinent-book at such charges
ns may be fixed by rule mnde under section 137.

47. (1) Afrcr ~ h cxpiry

c of the periods respectively prescribed
under sectiotl 43, clause (i), and by section 44and section 45,clause
(A), in rcspcct of any itnpruvement schzme. he Board shall consider
any objection, representation and stalement of dissent rcccivcd there-
under. and. aher hearing all persons making any such objection.
representation or dissent who inny desire lo be heard, the Board may
rhe sche111eor apply to the bl~tateGovernment] hr
e i ~ h e abz~ndo~l
r
sancrion to the scheme. with such ~l~oditicnrio~ls(if any) as the Board
may consider neucssary.
(2) Evcry applicalion submirted i~ndersub-scction ( I ) shall be
;iccompanicd by-
((1) a descrip~ionul; and full particulars relating to, [hescheme.
and coniplele pl;ins and eslirnates of the cost of executing
the scheme;

'Tl~cscwords tvcre in3rrlcd by s. 312) uf thc ~ a l c u r r alrnprovcmcnr (Amsndrncnr)

Act. 1931 (Rcn. Acl Vlll of 1931).
' Suhsrilutcd fur lhz words "a gcncral in~provcmcnlschcmc or a srrtcr s c h c n ~ s .
as il~ccaw may bc" by s. 30 af IIIC Calcu~tallnprovclncn~(Arncndn~cnr)Acl, 1955
( W c n Hcn. Aci XXXll of 1955).
 LatestLaws.com

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

( h ) a sratement of the reasons for any modifications made in the

scheme as originally framed;
( c ) n stalement of objections(if any) rcceived undersection43;
(ti) any representation received undcr sect ion 44;
(e) a list o f the names of all persons (if any) who have
dissen~ed,under secrion 45, clause (61, from [he proposed
acquisition of their land ' [ o rfronl the proposed recovery of
a bellemen1 reel, and a statement orlhe reasons given for
such dissenr; and ,

(f) a slalement of he arrangemenls made or proposed by the

Board for the re-housing of persons2* * * who are likcly
lo be displaced by the execudon of [he scheme.
(3) When any application has bcen submi~tedto the 3[State
Government] under sub-secdon (I), the Board shall cause not ice of the
fact to be published for two consecurive weeks i n the *[Oflcial
Gazette] and in kcal newspapers.
48. The r rate Governmenr] may sanction, eilher with or with- Powcr lo
smcrion or
out moditlcation, or may refuse lo sancrion, any improvement scheme rcjcc~
submilled LO it under section 47. improvc-
mcnr
scl~crnc.

49. (1) Whenever thed[StateGovernment] sanctions an improve- Notification

or smcrion
ment scheme, it shall announce the fact by notification, and the Board 10 iniprovc-
shall forthwith proceed to execute the scheme. mcnI
schrn~c.
(2) The publicalion of a notificalion under sub-section (I), in
respect of any scheme, shall be conclusive evidence rhat the scheme
has been duly framed and sanctioned.
50. At any time afier any improvement scheme has been sanc- Altcrarion
of
tioned by the3[~rateGovernment], and before i t has been carried inlo improvc-
execution, thc Board 5[may alter or cancel it] : mcnl
schcmc
srrer
sanction,

' ~ h c s cwords wcrc inwncd by s. 5 or the Cakurra Improvcmcnt (Arncndmcnr)

Acr, 1931 (Btn. Acr Vlll or 1921).
words 'bTrhc pourer and working clnsses" wcrc onlitred by s, 22 or rhz
ql~~llc
(Amrndmenl) Act. 1955 (Wcsl Hen. ACI XXXlI or 1955).
Calcurra In~provcn~cnl

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

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

Tftc Crlhrrtrr lxnprovern~.rtrAct, I Y 11.

[Ben. Act V i

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.

Combina- 51. Any number of areas in respect of which improvement

!ion of
Improuc- sc hemcs Ili~vebeen, or are proposed to be framed, may at any lime be
mcnt
qchemcs. included in one combincd scheme.

52. [Re-ltorrsing pcrsorrs dispiured by itlrprovemet~rsc1~crncs.-

Omirred bys. 34uf r11eCalcrrrr(~l~rzl~rovcmnrt Acr, 1955
(An~ixrdr~~erlt)
(Wesr Ben. X X X I I of 1955).]

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

SIrCCIS.
than-
( a ) forty feet, if [he sweet be intended for carriage traffic, or
( b ) twenty feet, if the street be intendcd for foot traffic only:

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

In~provemrnt(Arncndmrn~)Acl, 193 1
'~lauscl c ) was addcd by s , h of the C ~ l c u \ i a
(Hcn. Acr V l l l o i 1931),
3 ~ l a u s c((1) uT ~ h l :provisu was d d c d by s. 5312) or ~ h cCalculla Irnprovcmeni
(Amcndnicnt) Act. 1955 (Wesr Bcn. ACI XXXll or 1955).
 LatestLaws.com

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.

q h c words "Exccurivc Officer of rhc Cnqmn~ian"wcr.: originally substituted

fur lhc words "Chairman o i t h e Corporarinn" by s. ? and ihc Firsi Sch. o l the Bengnl
Rcpcaling and Anlcnding ACI, 1938 (Hen. Acr 1 o r 19391, and thereafter rhc word
"Commissioner" was substilurcd lor the words "Enccutivc Officri' by s. 35(0) of
the Calcurra Iniproverhenr (Amcndmenr) Acl. 1955 (Wrst Ben. Act XXXlI of 1955).
d~rovisoilddcd by s. 35fb), ibid
 LatestLaws.com

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

( b ) declaring hat the Board will. on or after a date l o be

specii'ied in the nulice, take over charge of such street,
square or part from 111rowner tl~ereof,
and shall simultnncously scnd n copy al'such notice lo he owncr o f
such street, square or pari.

(2) Al'rer considering and deciding all objections (ifany)received

in writing before the dateso specified, the Board may takeovercharge
of such street. square or part from [he owner thereok and the samc
thereupon vest in [he Board.
(3) When the Board alter or close any slreet or square or part
[hereof which has veslcd in lhcm undcr sub-seclion (2), lhcy shall pay
reasonable compensation to [he previous owner for [he loss of his
rights therein.
( 4 ) If rhc alleration or closing oF any such slreel, square or p;ur
causes damage or substanlial inconvcnicncc lo owncrs of propcrry
adjacent [hereto, or to residents in thc ncighbourhood. ~ h Board-
c
( i ) shall forlhwith provide some other reasonable Inenus of
access for the use of persons who were en titled to use such
sireel, square or part as a means of access lo any property
or place, and
(ii) i F the provision of such means of access does not suffi-
ciently compensate any such owner or rcsident for such
dzlma~eor inconvenience, shall also pay him reasonable
compensation in money.

'See para. (.hl of root-no~e3 on pagc 328, nlrfc.

 LatestLaws.com

[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

[Ben. Act V 'i

(Cl~tqrl'rur- Sclrr~rrc.r.-Srcrio~rs 62, 63.)
Ill.-lt~ipr-ove~nctz~ II
Powtr of The Board may-
62. (I)
h a r d lo
lurn ur
closc*~uhliv (0) [urn. divert, disconrinue the public use of, or permanently
5 1 1 ~ C lor cluse, any pub1 ic s~rcclvcslkd in them or any part thereof,
squarc ur
vcsrcd in
Ihc~n.
( h ) discontinue the pubIic use of, or permanently close, any
public square vested in Lhem, or any part hereof.
(2) Whcnever the Boi~rddiscontinue [he public use of, or pcrma-
nenrly closc, any public street vested in them or any part rhereof, [hey
shall pay reasonable compensation to every person who was entitled,
orherwisc than as a mere licensee, to use such nrecl or part as a means
of access and has suffered damagc from such discontinuance or
closing.
( 3 ) Whenever the Board discontinue ~ h public
c use of, or perma-
nently close, any public square vested in rhcrn, or any part thcrcof,
tllcy shall pay reasonable compensation ro cvcry person-
(a} who was enritlcd. o~herwisethan ijs ;imere licensee. to use
such square or part as a means of access, or

} whose i~llmovablcpropcrly was ventilated by such square

or part,
and who has suffcrcd damage.-
( i ) in wsc (a). !'rum such discontinuance or closing, or
(ii) in case ( [ I ) , from the use to which the Board have put such
square nr par(.
(4).In derer~nininglhe compensation payable to any person under
sub-section (2) or sub-section (3). the Board shall make allowance for
any benefi~accruing to him from the construction, provision or
improvement of any olher public street or square at or about [he same
time that thc public sweet or square or part [hereof, on account of
which the compensation is paid, is discontinued. or closed.
(5) When any public street or square vestcd in thc Board, or any
part thereof. is permanenrly closcd under sub-section (11, the Board
may sell. or lease so much of the same as is no longer required.
1
63. * ( I ) The Board may from ~i mc lo lime in regard to any nrea-

'Scciion 63 was substilu~cd lor thc original scciinn 1)). .s. 3 o l the Calcull:~
Iinprovcn~c.or(Amendmcnr) ACI. 1915 (Hcn. Act Ill oC 1(1!5).
'~uhrrituicd for forlncr sub-szctiun ( I ) by s. 371n) or Ihc Calcurta I~uprovc~licnl
Acl, 1955 (IVesl Rcn. Acr XXXII or 19551,
IA~nrnrlrntn~)
 LatestLaws.com

Tlrc Colcrrrrn Irrlpr-ovctnattt Acr, 191 1.

(a) within the Calculla Municipalily, or

(b) in the neighbourhood nV rhc said municipality,
make plans of-
( i ) proposed public strecls showing the direction of such
srreels, the street align~ncnrand building line (if any), on
each side of them. their intzndcd width and such o~her
de~ailsas may appezlr desirable, and
( i i ) proposed public parks showing such details as may appear
desirable.
(2) When a plan of a proposed public street '[ora proposed public
park] has bccn made under sub-section (I). the Board shall prepare n
notice stating-
(a) ttie facr that such plm has been made,
- (h) particulars of the land (shown in such plan) '[comprised
within the proposed public park or] rhrough which the
.proposed public street will pius.
(c) thc place at which the said plan and particulars may 61:seen
at reasonable hours, and
( d ) the period (which shall be nor less than sixry days) within
which objections to the said plan may be submitted to thc
Board ;
and rhe Board shall thereupon-
( I ) cause the said notice to be published weekly for two
consecutive weeks in [he 3[0flcinlCnzerrej and in local
newspapers, and in such other manner as the Board may
direct, and
( i i ) Ibrward iicopy of thesaid notice to any person whosename
appears in the muilicipal asscssmen~-bookas being prima-
rily liable to pay the ovncr's shareol'theconsolida~edrate,
or the rate on thc annual value of holdings, as the case may
be, in rcspccl of any land included within the proposed
public streer d[orthe proposed public park], and
'lnscncd by s. 37[b)li), or rhc Calcurra Improvcnicn~(Amcndrncn!] Acr. 1'955
(Wesr Bcn. ACI X X X l l or 1955).
21nscricd hy s. 37(h)lii), ibid,
J ~ c roo!-noic
c h un pagc 304. rrttfc.
'lnscncd by 5 . 37(lt)(iiil of rhc Calculra Ilnprovemenl (Amendrncnl) Acl. 1955
(Wtsr Ben. Aul X X X l l or 1955).
 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.

S~nscncdby s. 37(c1) or the Calcutw Irnprovemeni (Amcndmenl) Acr. 1955 (Wcsi

Dcn. ACI-XXXII of 1955).
b S e ~lonl-no[c 6 on page 304. rr!lre.
 LatestLaws.com

The Calcrrrro lrr~provanenrAcr, 1911.

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

, modification, or may refuse to sanction, any plan of a proposed public
streel '[or a proposed public park] submilted ro i t under sub-secdon
(3).
(7) Whenever the '[State Government] sanctions a plan of a
proposed public street '[or a proposed public park], it shall announce
the fact by notification, and the publication of such notitication shall
be conclusive evidence [hat the plan has been duly made and
sanclioned ;
and the proposed public slrerl 3[or a proposed public park] to
which such notification refers shat 1 be deemed to b r a projected public
street "[or a projected public park], and shall be so deemed until-
(a) such street 5[or park] has been declared. under section 65
or section 66, as [he case may be, lo be a public strecl '[or
park], or
( b ) the said notifica~ionhas been cancelled by anolher notiti-
catinn :
Provided that such cancellation shall not affect-the validity of any
action laken by the Board in pursua~~cc of the said notiticatinn.
(8) If any person desires to erecl, re-ercct or add to any ~ v d l
(exceeding ten Feet in height) or building which falls within '(the area
comprised in a projected public park or within] rhe strect alignment
or building line of a projected public street shown in any plan sancti-
oned by the '[state Government] under this section. he shall submit ad
application in writing lo the Chairman for permission so to do :
Provided as follows : -
(i) no such application shall be necessary for permission to
erecl or re-erect, berween a building line and the slreet
alignment,-
(a) a porch or balcony, or
(h) along noL more than one-third of [he frontage,an out-house
not exceeding hfteen feet in height ;

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

Acl, 1955 (Wcsl
?[nscrwd by s. 3 7 ( d } or the Calcuti;)Improvement (Arnend~i~cnr)
tlcn. Acr X X X l l a i 1955).
Jlnscned by s. 37(c)(i), ibrd
'Inscrczd hy s. 371rlIii). ;bill.
'lnsertud by s. 371e)(iii). il~id.
blnscncd by s. 37117. ibirl.
 LatestLaws.com

T f ~Calcrrrra
e Act, 1911.
I~nproventer~r
[Ben. AcL V

( i i ) nothing in [hissub-section shall relieve any person from the

liability to oblain such sanction as it may be necessary LO I
obvain under any law for the time being in force from any
local authoriry.
(9)The Chairman shall in no case refusc an application submitted
under sub-section (8) if the applicant executes an agreement binding
himself and his successors in interest lo remove, wilhoul compensa-
tion, any wall or building to which that application relaw, in [heevent
of the Board--
(0) deciding (at any time afier an improvement scheme has
been sanctioned underseclion 48 for an area wirhin which
s ~ c hbuilding or wall is siluate) rhar the said wall or
building, or any portion thereof, ought !o be removed, and
( b ) calling upon the owner for the Lime being, by wrirren
notice, to remove the same within a time (not being less
rhan sixty days from lhe date of the service of the notice)
LO be specified in the said norice.

(10) [Flhe Chairman does not, within thirty days from the receipt
of an application submitted under sub-section (81,grant or refuse the
permission applied for thereunder, such permission shall be deemed
lo have been granled.
( 1 I ) If the Chairman refuses permission lo any person to erect, re-
erect or add to any wall or building as aforesaid which falls-
(i) within the srreet alignment, or
( i i ) berween [he street alignment and the building line,
of a projected public street ' [or within a projected public park], the
owner OF khe land on which it was sought to erect, re-erect or add to
such wall or building, may call upon the Board, at any time, within
Lhree months from the date of such refusal either-
(a) to pay him compensation for any damage sustained by him
in consequence of such refusal. or
( b ) to acquire so much of his land as falls within the street
alisnmenr, or bc~weenthe street alignment and the building
line 2[or wirhin the area comprised in the projected public
, park], as the case may be ;

'lnstnrd by s. 37(s)(i) o f the Calculla lmprovcmcnr (Arncndmcnl) Aci, 1955

(Wrsr Bm. ACI XXXlt or 1955).
'[nscntd by s, 371g)liil. ibid.
 LatestLaws.com

Tire Calcutta It~lprouemenrAct. 191 1.

(Chapter Ill.--ltrrprovernenr Scl~etttes.--Section64.)

and the Board shalt thereupon-

in case (a), make full compensation to the said owner for any
damage which he may be found lo have suslained in consequence of
such refusal, and
in case {b), Forthwith take steps to acquire the said land :
Provided that. in the case of such land as falls within the street
alignment only. i t shall be optional with the Board to acquire the same
in lieu of paying compensation therefor.
(12) An appeal shall lie to the Board from .any refusal by the
Chairman 10 grant an application under this seclion.

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

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

square or part [hereof which has vested in the Board under

section 55 and has b ~ altered
n orclosed by hem, as to the
sufficiency of thecompensation paid or proposed to be paid
under sub-section (3) of that section, or
( b ) between the Board and any persun who was entitled,
otherwise than as a mere licensee, to use as a means of
access any street or square orpart [hereofwhich has vested
in the Board under sec~ion55,
(i) as to whether the altera~ionor closing of such street,
square or part causes damage or substantial inconve-
nience to owners OF property adjacent thereto or 10
residenls in the neighbourhood, or
( i i ) as lo whether the orher means or access provided or
proposed to be provided under sub-section (4) of the
said section 5 5 are reasonably sufficient, or
( i i i ) as to the sufficiency of any compensation paid or
proposed lo be paid under the said sub-section (4). or
( c ) between the Board and any person, as lo the su fFiciency of
any compensation paid or proposed lo be paid to him under
sec~ion61, sec~ion62 or section 63,
the malter shall be determined by [he Tribunal. if referred to it,
either by the Board or by the claimant, within a period of lhree months
from-
in case (a) or case (bj-the date on which the street or square or
part thereof was altered or closed, by [he Board, or
 LatestLaws.com

Tire Calcrrrra Ir~rprovcmterllAct, 191I .

[Ben. Act V
(Clruprer I l I . - I ~ ~ ~ p r o ~ ~ eSclletnes.Section-65.)
nre~~r

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

and rhe dereminarion of the Tribunal shall be final.

(2) If a reference lo the Tribunal be nor made wirhin thc period
prescribed by sub-section { I ) , the decision of the Board shall be final.
(3) For the purpose of determining any matter referred lo it under
sub-section (I). [he Tribunal shall have all the powers with regard to
wilnesses, documents and costs which it would have if he Land I of 1594. - .. -

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

..
. .. . -
applicable to the case.

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

Curporarion
of s\rcrcs ((I) that any areet laid out or altered by them has been duly
laid uur or
al~crcd,and levelled, paved. metalled, flagged, channelled, sewercd
open spnccs and drained in the manner provided in the plan sanctioned
prnvidcd,
by the by the Stale Government under section 48.
Board
undcr an ( b ) that such lamp. lamps-posls or other apparatus as are
improve- necessary for the ligh~ingof such street have been pro-
men[
scl~crnc. vided, and
(c) rhal water and other sanitary conveniences ordinarily
provided in aMunicipaliry havebeen duly provided in such
street,
they shall rzpon [his fact to the Corporation ;and it shall
be the duly OF the Corporation within three months from [he
date of receipt OF such report, after such inquiry as it thinks Fil
to make eilher to declare the street to be a public street by
wrirren nolice affixed in some conspicuous position in such
street, whereupon such street shall vesl in [he Corporalion and
be maintained. kept in repair, lighted and cleared by the
Corporation ;or, i F the Corporalion is of opinion that certain
works requircd lo be done before such declaration may be
made, lu require the Board lo complete such works :
Provided as lollows :-
(n) no engineering or accom modation work not included in the
scheme as sanclioned by the Srale Guvernmenl under
'sub-seclions ( I ) and (2) wcrc subsciluicd Tor ~ h cl o m z r sub-sccrion I I ) by s. 3810)
of thc Calculia Irnpmverntni (Amrodmcnt) ACI, 1755 (Wcsl Bcn, A c l XXXII of 1955).
 LatestLaws.com

seclion 48 shall be required lo bc done by the Boardexcept

with rhe larcer's consent as a condition of such transfer ;
(b) when certain works in connection with the street can be
taken up only al'ter a lapsc of time to allow for consolida-
tion of roads or the erection of buildings on both sirles. the
declaration shall not be put off till they are completed, but
shall nor be made, within he lime prescribed under his
sub-section on the Board giving an underraking t h a ~hey
shal I complete the works when asked by [heCorporalion to
do so.
1
(2) As soon as the works required to be done by the Corporation
as aforesaid are completed, the Board shall report the f a c ~LO [he
Corporation ; and i t shall be the duty o r ~ h Corporation
e lo declare ihe
streel lo be a public street by writlen nolice aftixed in some conspicu-
ous position in such street within two mon~hsfrom the dale nf receipl
of the report, on the expiry of which period the liability flf the Board
to maintain the streel and the srreet lighting or ro pay [he Corporation
rates assessed on the lands comprised within such street shall ceasc.
2(3)When any open space for purpusesof vcntilaiion or recreation
has been provided by the Board in executing any improvement
scheme, i l shall. on cnmplerion. be transferred to rhe Corporation by
resolu~ionof the Board, and shall lhercupon vest in, and be maintained
al he expense of the Corpora~ion:
Provided that the '[Corporation of Calcuua] may rcquire the
Board bctbre any such open space is so fransferred, lo enclose, level,
turf, drain and lay out such space and prnvide foolpaths therein, and,
if necessary, to provide lamps and other apparatus for lighting it.
2(4)If any difference of opinion arises be~ween[he Bward and r he
3[Corporationof Calcurra] in respect oF any rna~terreferredlo in the
foregoing provisions o i this sec~ion,ihe matter shall be referred to the
'[S~ateGnvernmenl] whose decision shall be linal.

66. IF secrion 65 be extended, by noliticarion. under scction 1,

sub-section (.?I, l o any Municipality in ~ h cneighbourhood of the

'Scc rool-nolc 1 on pagc 314, orlu

'For~ncrsuh-secl~ont:IZ) a ~ (~3 d) \wrc rc-numbercd as sub-scciionc ( 3 ) and ( 4 )
rcspcc~ively.by s. 3B(b) or ihe Calculla I~npmvcnlcnl(Amcndmen!) ACI, 1955 (West
Bcn. Acl XXXlI uT 1955).
'SCC rool-nolc I on pagc 336, nlrre.
'Srr rool-norc 2 on pagc 303. nrrrc.
 LatestLaws.com

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

Calcutta Municipality, it shall beconslrued as i f the references therein

1.
to the General Corn miltee and the Corporation were references ro the
Cnmrnissioners of the former Municipality.
Power of 67. Notwithstanding anylhing contained in section 65 or section
Board ro
rcrain 66, the Board may retain any service passage which they have laid out
servict: for sanitary purposes, and may enter into an agreement wilh the
pasajys.
Corporation or any olher person for the supervision, repair, lighting
and general management of any passage so retained.

CHAPTER IV
Acquisition and Disposal of Land.

Power 10
68. Thc Board may enter into an agreement with any person for
purch~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

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

--
' ~ 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

The Culcirtta hlprovea~entAcr, f 91 1. 347

lands falling wilhin an improvement scheme already framed but also

in respect of lands relating to which [he Board may Frame improve-
'?
ment schemes in future.
70. A Tribunal shall be constituted, as provided in section 72, for Tribunal to
hc
the purpose of performing the functions of the Coun in reference lo consrituted.
I o l 1894. the acquisirion of land for the Board under the Land Acquisilion Act,
1894.
71. For the purpose of acquiring land under the said Act for thc Modiiicn-
tion o f ihc
Board,- Land
Acquisiiion
(11) the Tribunal shall (except for the purposes of seclion 54 of Acl. 1894.
that Act) be deemed to be the Court, and the President of
~heTribunalshall bedeemed to be thejudge, under~hesaid
Act ;
( 6 ) the said Acr shall be subject to the furlher modifications
indicated in [he schedule ;
c the President of the Tribunal shall have power to summon
and enforce the attendance of wirnesses, and to compel the
production of documen~s,by the same means, and (so far
as may be) in the same manner, as is provided in the case
Act V 01 of a Civil Court under the Code .of Civil Procedure,
1908.
1908 ; and
(dl the award of the Tribunal shall be deemed to be the award
of the Court under the said Land Acquisition Act. 1894,
and '[shall, subject to [he provisions of section ??A, be
final].
72. ( I ) The said Tribunal shall consist of a President and two Consliluuon
o f Tribunal.
assessors.
(2) The President of the Tribunal shall be either-
*(o) a person wllo was or has been a member OF the Judicial
Serviceasdefined in article236 of the Constitution of India
tbr at least Len years and held a rank not inferior to that of
a Subordinate Judge for at least three years ;or,
3 ( b ~a barristerOF advocate who has prac~isedas such i n the
Calcutta High Court for not less lhan ten years.
'~ubstirutcdlor tht. words "shall be nnal" by s. 4 1 af the Calcutcil l~nprovernear
(Amrodmenr) Act, 1955 (Wesr Ben. ACI X X X I I uT 1955).
2~ubsritulcdfor the rormcr clausc ((I) by s. 42(1J(fl). ibiri.
"ubs~itutcd for Ihc hrmer clausu (lt) by s. 42(11(b), itid.
 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.

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

Bcn. Acr KXXII or 1955).
'This pmvisv was addrd hy s. 4213). ibirl.
4Subsljruisd Inr lhc wnrrl "by s. 43(11J, ilrirl.
 LatestLaws.com

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

servant, and
7
( c ) the contribuiions payable under section 146 in respccl of
each such ot'licer and scrvant.
(2) The Presidenl of the Tribunal shall, from time to time, make
rules-
'(ai) prescribing \he qualifications. the period ofservice, [he age
nt superannuation and orher conditions of service of the
officers and servants of the Tribunal;
(i) for regulating [he grant of leave of absence, leave allow-
ances and ac~ingallowances to thc officers or servants of
[he Tribunal; and
( i i ) for eslablishing and maintaining ;i provident or annuity
fund, for compcll ing all or any of the officcrs or servanrs
of the Tribunal (other lhan any '[servanr of the Govern-
ment] in respect of whom a contribulion is paid under
section 146) to contribute to such fund, at such rates and
subject to such condirions, as may be prescribed by such
rules, and, with [he sanction o f the Board For supplement-
ing such contributions oul OF the funds of the Board :
'provided that a servant of the d[~uvernment]employed as an
officer or servant oFthe Tribunal shall no1 be entitled to leave or leave
allowances otherwise lhan as may be prescribed by thc conditions of
his service under the 4[Govemment] rclaling to transfer lo foreign
sewicc.
(3) All statements prepared under sub-scction (I), and all rules
made under su b-seclion {2), shall be subjecr to [he previous sanclion
of the '[Stale Gwernmentl.
( 4 ) Subject to any directions contained in any statement prepared
under sub-section (I) and any rules made under sub-section (2), and
for the time being in force, the power of appointing, promoting and

'Clausc (nil was inscrlcd by s, 43(b) of lhc CaIcaira Improvcmcnr (A~ncndrncnt)

ALL 1955 ( W c s ~Bsn. Acr X X X l l of 1955).
?hc word5 "scrvani of rhc Crown" w c ~ coriginally wbsriluicd Tor thc words
"servan~of thc Govtrnrncnt" by para. 3 and Sch. 1V 10 thc Govcrn~ncnlor India
(Adaplalion or lndian Laws) Ordcr. 1937, and ihercihrrcr rhc word "Guvernrncnl"
was subsriiulcd Tor the word "Crown" by pmgraph 411) o f rhc Adapliiriun of Laws
Ordcr. 1950.
Tor ihc original proviso by piim. B and Schedule 1V
> T h i s provisn was subst~tu~rd
lo rht Goucrnrncn~of India (Adap~aionuC Indian Laws) Drkr. 1937.
'See foot-nn!c 6 on page 308. nrtte.
% e ~fool-nurc 2 on page 303. rrrrtc.
 LatestLaws.com

[Ben. Act V

granting leave to officers and servants of theTribunal. and the power

v. of reducing, suspending or dismissing them, shall vest in he President
of the Tribunal.
Paymcn~s 75. Theremunera~ionprescribed undersection 73 for members of
by Board the Tribunal, and the salaries, leave allowances and acting allowances
on account
Ttibunal. prescribed under section 74 for officers and servants of the Tribunal,
shall be paid by the Board to the President of the Tribunal for
distribution.
Power ro 76. ( 1 ) The President of the Tribunal may, from time to time,
makc rulcs
ror w i ~ hthe previous sanction of the '[State Government];make rules, nor
Tribunal. repugnant to the Code of Civil Procedure, 1908, for he conduct of A c t V 01
1908.
business by the Tribunal.
(2) All such rules shall be published by notifica~ion.
AWX~ of 77. (11 For the purpose of determining the award to be made by
Tribunal
how to rhe Tribunal under the Land Acquisition Act, 1 894.- I or 1894. ,
dcrcrnlinrd.
(a) if there is any disagreement as to the measurement of land, !
or rhe amount of compensation or costs to be allowed, the
1
1
opinion OF the majority of the members or the Tribunal
shall prevail;
(6) questions relating to [he determination of the persons to
whom compensation is payable, or the apponionment of
cornpensarion, may be tried and decided in the absence of !
the assessors if the President of [he Tribunal considers their
presence unnecessary; and when so tried and decided. the
decision of the President shall be deemed to be the decision
of the Tribunal; and . . .

c-) notwithstandinganythingconlained in the foregoing clauses,

the decision on all questions of law and procedure shall rest . .. .

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

(2) Every award of [he Tribunal, and every order made by the
Tribunal fur he payment of money, shall be enforced by the Caun of
Small Causes of Calculta as i f 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;

'Srr loo(-now 2 on pagc 303, orbre.

'~eclion77A waq inserted by s. 44 of rhc Calculla Improvement (Ammdmcnr)
Act, 1955 (West Ben. ACI XXXll or 1955).
 LatestLaws.com

The Culcrrrtu I~r~proverrterrr

Acr, 1911.

(Cl~uprer1V.-Acqlrisitiot~ n t ~ dDisposal of L . u n d . - - S e t r i ~78.)

~~

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

(i) [he President of the Tribunal grants a cenificate that the
case is a fit one for appeal, or
( i i ) [he High Coum grants special leave to appeal :
Provided that the High Court shall not grant such special leave
unless the Presiden~of the Tribunal has refused to grant a certificale
under sub-clause (i)and theamounr in dispute is five lhousand rupees
or upwards.
(2) An appeal under clause (6) of sub-secrion (I) shall only lie on
(one (IT more of) the following grounds, namely :-
(i) the decision being contrary to law or to some usage having
the farce of law;
( i i ) the decision having failed LO determine some malerial issue
of law or usage having the force of law;
(iii) a substantial error or defect in [he procedure provided by
Ihe said Act which may possibly have produced error or
defect in the decision of the case upon the merits.
(3) Subject ro the provisions of sub-sections (I) and (2), the
Act V or provisions OF the Code of Civil Procedure, 1908, with respect to
I 908.
appeals from original decrees shall so far as may be, apply to appeals
under this seclion.
(4) An appeal under this section shall be deemed to be an appeal
under the Code of Civil Procedure, 1908,within the meaning of article
I X or 1908. 156 of the First Schedule to the Indian Limitation Act, 1908.
( 5 ) The Chief Judge of the Court of Small Causes of Calcurla
shall, on application, execute any order passed by the High Court on
appeal under lh is Act as if it were a decree made by himseIr.
Abandorrmenr of Acqtiisition.
'
78. ( I ) In any case in which the [State Government] has sanc- Abandon-
men1 or
tioned he acquisition of land, in any area comprised in an improve- JFquisiliDn
menr scheme, which is not required for the execulion of the scheme, in c0nr.i-
dcralion
the owner of the land, or any person having an interest therein, may ,I special
make an application to the Board, requesting that the acquisition of the pay mefir.
land should be abandoned in consideralion OF the payment by him of
a sum to be fixed by the Board in that behalf.
(2) The Board shall admit every such application if it-
(a) reaches thein before Ihe lime tixed by the Collector, under
I of 1894, section 9 of the Land Acquisilion Act, 1894, for making
claims in reference lo the land, and
 LatestLaws.com

Tlre Culcrtrra In~provetncnrAcr, 1911. i

[Ben. Act V
ii
I
I
(Cllnpter IV.-Acq~risi~iorra l d Disposnl of latrd--3ecriotr 78.) I

( h ) is made by all persons who have intercsts in the land grearer ,.

>,. -.-..
:,: ,- .....-..
'

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

(3) IF the Board '* * * admit any such application, they shall
forthwith inform the Collector; and the Collector shall thereupon slay
for il period of three months all further proceedings for the acquisition
of the land, 2p;lnd iflhe Board decider0 allow the application they shall
proceed] to Fix the sum in consideration 01' which rhe acquisirion of
the land may be abandoned.
(4) Within the said periad OF three monlhs, or, with [he permis-
. . .
sion of rhe Board, at any limebefore the Collec~orhas taken possession
OF rhz land, under section 16 of ~ h Landc Acquisition AcI, 1 894, the ' O'
. .'

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

The Calcrrrrn 1111proverrrrntAct, 191 1

(6) Every payment due from any person under any agreement
f.
execuled under sub-seclion (4) shalt be a charge on [he interest of that
person.
(7) IF any instalmenr of interest payable under an agreement
execu~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

The Calcrtrra hnproveulenr Act, 191 1.

men. Act V
ICi~flprerI V.-Acqt~isi#ioti arid Dispossl ofi5111d.-
Section 78A.)

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

(Clraprer IV.-Acqrrisirior~ or~dDisposal of Lortd.-

Secriorrs 78B,78C.J

'?.
'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.

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

2See loot-note 2 on page 303, ntlrc,
 LatestLaws.com

Tfre Cnlcitrlc~h~iprovrnrenrAcr, 191 1.

[Ben. Act V I

(3) For each scheme there shall be a body of two arbitrators, one
of whom shall be elected by vote by h e persons present at the meeting
v:
referred LO in sub-section (21 from one par1 of the panel, and the other
shall bc appoinred by the '[state Government] from [he other part of
the panel :
Provided that for the purposes of a particular scheme the [State
Government] may, prior to the election refcrred to in this sub-section,
if it thinks fit, niodify either part of the panel. . .

- ,
(4) In the event of a difference of opinion on any marrer beLween
the rwo arbitrators, a rhiid arbitrator21whoshall act asan umpire] shall
be selected by lot from the first parr of [he paneI, and 3[the decision ,
. ,.
.

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

(5) If an arbitr~tordies, lmesigns,becomes disqualified, is removed
under sub-section (6).or refuses to perform or in the opinion of the
'[State Government] neglects to perform or becomes incapable of
performing his functions, the authority who elected or appointed him
shall forthwith elect or appoint a fit person to take the place of such
arbitrator.
(6) I f the '[State Government] is satistiedafter such inquiry as it
thiriks fit that the arbitrator has misconducted himself, it may remove
him.
(7)When '[an award has been made under this section by the
arbitrators or the umpire, as thc case may be,] \hey shall sign it and
forward it to the Board, and such award shall subject to the provisions
of sub-section (8)be final and conclusive and binding on all persons.
(8)If the '[State Government] is satisfied after such inquiry as it
ihinks fit [hat an award has been improperly procured or that an
nrbitraror has misconducted himself in connection wiih an award, the
'[stare Govemmenr] may ser aside the award.
FCCS rut 578D.Thc Board shall pay to each arbitratora fee to be determind
ilrbiIr3t0rs. '
by the [Stare Govemrnenr] in respect of the wholc of the scheme For
which his services are ulilized.

'SCF rnnl-nurc 2 on p i l ~ c303, rr,~re.

21nacnud by s. 46lil)li) u l IIIC Calcutta Inipmvcmenl (An~cndmenl)Acr, 1955
(Wcst Bcn. Act XXX11 of 1955).
3~ubslituicd
for I ~ Cwords "the Inaiier shall bc dccidrd by thc voics olrhr: niajoriiy
or rht: thrcc arbitm~ors"by s. 46(u)(ii), ibid.
- 'Substilulrd for rhc wurds " ~ l l carbitrators I~avemadc tl~ciraward undcr scclion
7SC " by S. 4616). ibiri,

55rr IOOI-~OIC
2 nn p;~gc354. tillre.
 LatestLaws.com

The Act, 191 1.

Cnlcrrrra lt~~provcrrrct~t 357

1V.-Acqrrisiirion and Disposal ofln11d.-

(Cf~aprer
Sections 78E, 78F,78G.)

'78E. Notwithstanding anything contained in any other enact-

7:
ment ihe proceedings of arbitrators under section 78C shall be
governed by rules to be made in this behalf under section 137 :
Provided that every party to such proceedings shall be entitled to
appear b e h e the arbilrators either in person or by his authorized
agent.
' 7 8 ~ .When the amount of all b e u e m e n ~fees payable in respect Board ro
, .
givc nolicc
of land in [he area comprised in the scheme h;~sbeen determined under to pursons . .
. .
section 788 or section 78C,as the case may be, the Board shall, by a liahlc to , - , .
paymcnr uT , ... , ., ...
.
nolice in writing to be served on all persons liable to such payment, betterment
tix a datc by which such payment shall be made, and interest, at the rcc.
rarc of 2[[enper cent. per atrtrtrrrr] upon any amount outstanding shall
be payable from that date.
1
78G. (I) Any person liable to the payment of a bettermenl fee Agrwment
lo ~naltr
may. at his option, instead of making a payment thereof10 the Board, paymznl of
execute an agreement with [he Board to leave [he said pay ment bctrcrnlcn~
fee a charge
ou~standingas a charge nn his interest in [he land, subjec~[o the on lmd,
paymenr in perpetuity of interesl al [he rale of ![ten per cet~t,per
antlut111,the first annual paymcnL of such interest to be madc one year
frum the date referred to in seclion 78F.
(2) Every payment due from any person in respcct of a bettermenr
fee and every charge referred to i n sub-sec~ion( I ) shall, notwithstand-
ing anylhing contained in any other enacrment and no~withstanding
the existence of any mortgage or other charge whelher' legal or
Bcn. Acr equitable created either before or after [he commencement of [he
"[I Of Calcutta Improvement amend men^) Act, 193 I , be the First charge
1931.
upon the in~erestof such person in such land.
(31 The provisions of sub-secrions (7), (8) and (9) of section 78
relating, in the case of the payments men~ionedin that section, to the
non-payment o f instalments of interest, the paying off of [he charge
with interest, and the resuictions in respec[ of suils against [he Board
shall apply. ~ t ~ s r a rt~rrttatldis,
is to the paymenl of [he money payable
under an agreement made in pursuance of sub-seaion ( I ) and of the
interest payable in respect thereof,
' s e t fool-note 2 on pagc 354, ~ I I C .

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

Tlrc Ccrlarrrrrr I ~ ~ ~ p r o v p n rAcr,

e t ~ t191 1.
I
I
[Ben. Act V j

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.

and, i f not so recovered, the Cllairman may, after giving public

c ehis intention to do so. and not less than one month after the
~ ~ n l i of
publication of such nulice, sell the interest o f the said person or
successor in such land by public auction, and may deduct [he said
money and the expenses of thesale from the proceeds of the sale, and
shall pay the balance (if any) to Be defaulter.
Board to 5 7 9 ~ The
. Board may direcr by what authority any powers or
appoint
pcrrons fur duties incident under '[the Cnlcur~aMunicipal Act, 195 I], to the
cniorcc- enforcement of any process for the recovery of the consolidated rate
mcnt uf
processes shal I be exercised and performed when that process is employed under I
Tor section 79.
rruovcry uT I
duct.

?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

Tile Calcrrrtu In~provallenrAcr, I9 I I .

'Acqrrisitiorr or1 fresh declumtior~.

'80. I f any land. in respect of which an agreement has been Agrccmcn 1
executed or a payment has been accep~edin pursuance of sub-section or payment
not to b x
(4) of sec~ion78, or in respect OF which [he payment of a bettermem acquisition
fee has been accepted in pursuance of sub-section (3) of secrion 788, undcr a
fresh
or has been made after its determision undcr section 78C,or in respect dcclararion.
of which an agreement for such payment has been executed under
section 78G,be subsequently required fnr any OF the purposes of [his
Act, the agreement or payment shal no[ be deemed to prevent the
acquisirion of the land i n pursuance of a fresh declaration published
1 of 1R94. under section 6 of the Land Acquisition Act, 1894.
Dirpnsol of Land.
81. ( 1 ) The Board may retain, or may let on hire, lease, sell, Powcr ID
dispose of
exchange or olhenvise dispose of, any land vested in or acquired by land.
[hem under this Act.
(2) Whenever the Board decide to lease or sell any land acquired
by them under this Act from any person, they-
( a ) shall giveno~iceby adveflisernent in local newspapers. and
( b J shall offer to the said person, or his heirs, executors or
adminis~rators,a prior right to take on lease or to purchase
such land, a1 a rale to be fixed by the Board. if the Board
consider t h a ~such a right can be given withaul
to public interest or] derriment LO the carrying out of the
purposes of this Act.
(3) If in any case two or more persons claim to exercise a right
offered under clause (b) to take on lease or to purchase any land, [he
r i g h shall
~ be exercisable by the person who agrees to pay [he highesr
sum for the land, not being less than he rate fixed by ~heBoardunder
[hat clause, 10the exclusion of [he others.
3(4)Nolwi~hslandinganyrhing contained in sub-secrions (2) and
(3) or in any other provision of h i s Act when the Calcutta Melropoli-
Wcsr Bcn. tan Development Aulhority constitured under the Calcutta Metropoli-
*"
1972. of tan Development Authority Act, 1 972 (I hereinafter referred to as the
Authority), or the West Bengal Housing Board constituted under [he
h his sub-heading and scction 80 wcrc substi~ulcdfur the original sccrion 80 by
s , 10 of rhc Calcutm Improvclncn1 (A~ncndnlcnt)Acr. 193 1 (Ben. ACLVIll of 193 I).
2~nscrtcdby s. 4'3 of the Calcutta Improvcmcnt (Amcndmcnl) Act, 1955 (Wcst
Hen. ACLXXXlI or 1855).
3~ub-arc~ions14) and ( 5 ) wrrc added by s. 3 or thc Cnlcurla Improvement
(Amrndmenl) Act. IP75 (IVesr Ben. Acl XI11 of 1975).
 LatestLaws.com

[Ben. Act V

West Bcngal Housing Board Act, 1972 (hereinafter referred to as the west Ben.

*: Housing Board), requires any land vested in or acquired by the Board

under [his Act, for carrying oul any of the purposes of (he Act under
$'ltF1l
which the Aulhoriry or 111e Housing Board. as [he case may be, was
constituted, the Authority or the Housing Board, as the case may be,
may ask [he Board lo let on hire, lease, sell, exchange or olherwise
disposc of suc11 land lo itself and the Board shall comply with such
demand and Forthwith transfer possession of such land in favour ofthe
Authority or the Housing Board.
1
{5)The amounr orconsideralion at which any land shall be let on
hire, Icased. sold, exchanged or olhenvise disposed of under sub-
section (4) shall be such as may be agreed upon between the Authority
or the Housing Board, as he case may be, and the Board and if they
fail to reach an agreement the parties or any of them shall refer the
matter to the State Government and the decision of the State
Governrncnt thereon shall be final.

CHAPTER V
Taxation.

nury on '82. ( 1 ) The dury imposed by the Indian Slamp Act. 1899, on 11 .I I ~ W .
ccrlain instruments of sale, gilt and usufructuary mortgage, respectively , of
rransrcrs nT
immovable immovable properly shall. in [he case of instruments affecting
PruPerlY, immovable property situated in [he Calcutta Municipality and ex-
ecuted on or after the commencement of this ~ c t be ' increased by two
per cenrrrnl on the value of the propeny so situated, or (in the case of
;in usufruc~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

Tlie Culcurra br~provclnrrttAct, 191 1.

(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.

shall pay a tax of2[threennye paisc] in respect of each journey so

made by him :
Provided as follows :-
fa) the said tax shall not be payable by any passenger brought
from, OF taken to, any place situated within a radius OF
3[for~y-eightkilornetres] from Government House ;
( h ) r he d[State Government] may,by notitication, either-
i $* * reduce thesaid radius to any distance less than '[forty-
eight kilomelres]. in its application either to passengers
generally or to passengers of any specified class, or
(ii) 5* * * * * cancel pmviso (a), or
(iii) reduce the said tax to any lower rate, either in respect of
passengers generally or in respect aF passengers making
frequent journeys ;
(c) the said tax may, in thecase ofpassengers taking suburban
season ~ickets.be calcula[ed aL the rate uf '[thirly-seven
[laye paisel per mensern for each such ticket, nr at such
lower rate as the ate
Government] nlny prescribe by
norification.

(or the words "fivc milcs" by s. ?(n) u i thc Calcutta lrnprovcnieni

'~ubs~itutcd
(Amendmcn~)Act, 1961 (Wcsr Ucn, Act XX ur 1961).
Tor rhc word "lialr manna" by s. 2161, ibid
'~ubs~itulcd
3~ubstirutcdTor the words "thirty miles" by s. 2(c)it), il)irI.
'Set fool-nok 2 on pagc 303, n ~ l f e .
5 ~ h cwords " w i h rhc prcvinus si~nrrionor thc Gnvcrnmcni uT I n d i i ' wcrc
omi~redby tlic Devolurion Act. 1920 (XXXVIII of 1920).
bSubsritured for illc wurds "six annaq" by s. ?(c)(ii) OF dlc Calcutta Improvumcnt
(Amcndmcnr) Acr, 1961 ( W c s ~Hso. Act XX of 1961).
 LatestLaws.com

The Calcrrrtn lt~rproven!ctlf

Act, 1911.

[Ben. Act V

(2) The said tax shall becollected by means of a surchargeon fares,

*, by he adrninistralion of (he railway, or the owner of the vessel, by
which [he passengers are carried, and shall be paid to the Board at such
Lime asmay be prescribed by rulc made undersecrion86, after making
such deduction as the ' [ ~ l a r Government]
c may approve to meet any
expenses incurred in connec~ionwith the collection of the tax.
(3) The owner of every inland steam-vessel referred to in sub-
seclion ( I ) shall prepare and deliver, or cause to be prepared and
delivered, to the Chairman, each quarter, a relurn in the form
prescribed by rule made under sect ion 86, of all passengers, carried by
such vessel, by whom the lax imposed by [hat sub-seclion is payable;
and shall subscribe. at \he Foot of such re[urn,adeclaration of the truth
[hereof.
(4) Every such return shall be delivered ro the Chairman or pos~ed
to his address wilhin tifieen working days, or at most within thirty
days, afier the end o f the quarter to which i~ relates.
Exp1arrarian.-The expression "working day" as used in this
sub-section, means every day except a public holiday as defined in
section 25 OF the Negotiable Instruments Act, 1881. xxvt of
188 1 .
(5) If this Act is direcled to come into force during a quarter, the
first of [he said rerurns shall be made for the unexpired portion OF t h a ~
quarter.
(6) The expression "adminis~ration"and the expressions "owner"
and "inland steam-vessel" as used in this secdon, have the same
meanings as in the Indian Railways Act, 1890, and the Indian Stcam- Ix or IB90.
vessels Act, 2[ 19171, respec~ively. I OF 1917.

'(7) After the commencement of "[[he Constitution], a lax on

passengers by railway shall only be leviable under this section if it
5[was lawfully levied] immediately before that date. and shall only be
leviable until provision to the contrary is made by '[Parliamentl.

q h c s c figures werc suhs~i~u~rd

tor ~ h cfigurcs "1884" by s. 2 wd ~ h cL r s i Sch.
or lhe Bcngat Rrpraling and Arnending Acl. 1938 (Ben. A n I of 19391.
J~ub-scc~ion (7) was inscncd by para. 3 and Sch. I V lo ~ h Govcmmeni
c or India
(Adaprnrion o i Indian Lawc) Ordcr, 1937.
'Thrsc wurds wcre substiru!td lor ihc words and figures "Parr It1 or thc
Covcrnmeni o f India Act. 1935" by pmgraph 3 of, and Ihr Elcvcn~liSchedulc to.
thc Adaprnlion or L i w s Ordcr. 1950.
q h e s c words wrrc subsriiu~edfor thc words " r v s Icvicd". ;bid.
q h i s word wns subsrituied Tar rhc wurds " ~ h cCcniral Legisla~um~',
ibid
 LatestLaws.com

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.

tions), '[twelve naye paise per balc of one hundred and

eighty kilograms], and
( b ) in the-caseof mnnufacturcd jule. 2[seven~y-fivenaye paise
per metric Ionne of one thnusand kilogranisl,
as the J[State Government] may prescribe by notiticarion :
Prnvidrd that the said dury shall not be levicd or cullected in
respcct of jute, wherher raw or manufactured, exported under any
con~ractwhich was made before Ihe fifreen~hday of August, I9 I 1 , and
the cxisrence of which was established to thc satisradion af the
Cusroms Collec~orbefore the tiftcenth day o f September, 191 1.
(2) At the close of each quarrer, or 3s soon ~hereal'leras ]nay hc
convenienl, [he duty col lecred under sub-sectiun (I) shall. after
deducting the expenses of collecriun (ii any), be paid by !he Cus~orns
Collector to the Board.
4
(3) After the commencement of 5[the Consri~urion]a duly shall
only be leviable under rhis secrion if it 'lwns lawfully levied]
i m m e d i a t e 1y before that dare, and shall unly be leviable until provision
to the conlrary is made by '[~arliament].
X X X ~ of
I 85. Section 5 ol'lhe Indian Tariff Act, '[1934], shiill no[ apply Scc~ion5 uC
1934. thc Indian
to jute (whcther raw or manufacrured) passing by land out of Calculta. Tatif( Acl.
1934, nnL to
;1pply to
julz.
P
o v c r n m e n t ]may make rules forciirrying
86. ( 1 ) ~ h ' [c~ ~ a ~i e Powur to
Stnlc
out the purposes of this Chaplcr. Gnvcrn-
nicm tn
'~ubsii~ured fur thc words '.twu dnnm I)cr balc u l lour hunilred pounds" by s. 3 ( ~ ) niaku rules.
n t ) 1961 IWes1 Rcn, Acl XX or 1961).
of the Calculta Improvement [ A ~ ~ ~ c n d m cAct,
2Suhsrir~~cd r wcrds '.I\YCIVC
r ~ ~hl: annas pur ton uC ~ w othousand tun hundred
and rorly Pounds" hy s. 3(6). il)icl,
-'.'ice foor-nutr: 2 on pagc 303. cirlrr.
4Suh-sccriun ( 3 ) wa< inscncd by para. 7 and Sch. I V to thc Guvcrnlncnl or India
(Adaplnlinn of Indian L a \ v h ) Ordcr. 1937.
' . ~ t ~Ibol-norr:
c 4 on p;igc 362. nrlrc.
'See foot-norc 5 on pdgz 3h2, nrlrc.
' S C ~Coot-now h on pagc 311. (rr~rt~.

&Thcsc ligurrs wcrc si~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

Tile Culcrttru hnpruve~nurtrAcr, I Y I 1 .

I
[Ben.Act V 1

( 2 ) In particular, and without prejudice to the gencrdlity or rhe

foregoing power. the '[state Government] may make rules-
( a ) for regulating rhe colleclion of taxes imposed by this
chapter, and the payment thereof to [hc Board ;
b for prescribing rhe form the reurn required by seciion 83,
sub-section (3). and the paniculurs to becontained therein,
and the manner in which the same i s to be verified.
'MA. The State Government may, br the efficient administra-
tion of this Act or far such other reasons as il thinks fir, issue. from
time ta time. directions, not inconsistent with the provisions OF (his
Act. to the Board and the Board shall carry out such directions.
Punishmrni 87. Thc offences mentinned in column 1 uf thc following table
for
clrrccnc~~. shall be punishahlc tn the extent menlipned in column 2 thcrcofwith
reference to such orfenccs. respectively :-
- -

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.

88. [Contribrtfiorlsfio~~~ F i i t ~ d s - S.I 2 1 of

M~rn~icipul
1 1 1 ~C(~l<:f~ll~:
~ ~ I I ~ I ' O I ' E I ~(Attletrdtrlrrrt)
IL'II~ Act, 1983 (Wesf Ben. Al.r
XLiI of 1983).

' ~ 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

(4) Every debenlure issued by the Board shalt br rransfcrable by

endorsement, unless some other mode o f ~ransferbe prescribed
4
therein.
( 5 ) The righr to sue in respect of moneys secured by debentures
issued by the Board' shall vest in the respcctivc holders OF lhe
debenlures for rhe time being, without any preference by reason of
some of such debenrurcs being privr in dale to others.

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 ., . . .
, - ,
. .

debmturvs. engraved. lithographed or impressed by any mechanical process. . .....

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

payees. thcn, norwirhs~;indin~anytliing in section 45 o f the Indian Cnnrract I X or 1812.

Act. 1872. the debenlurc or security shall be payable to [he survivor
or survivors of such pcrsans :
Provided lha1 nothing in ~ h scction
c shall affect any claim by the
I
reprcscnrativeof a deceased person agai nsl such survivor or surviv~rs.

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

(c) if the Board havc, before borrowing money on debenrurcs,

reserved, by public notice, a power lo pay off [he loan by
periodical instalments and to select by lot the parricular
debentures to be discharged ar pnrticularperiods-[hen by
paying such instalments at such periods, or
( d ) from money borrowed for thc purpose under s r c r i ~ n89,
clause (h), or
(e) partly from the sinking fund established under section 99
in respect ofthe loan. and partly from muney borrowed for
the purpose under section 89, clause (b).
99. (I) Whenever the '[Slate Government] havc approved [he Eslablisll-
men1 and
repayment of a loan [rum a sinking fund the Board shall establish sucli ~naintcn-
a fund and shall pay into it in cvery year, until the loan is repilid. a sutn ancc of
so calculated that, iFregu larly paid throughnu t [he period approved by sinking
runds.
the '[State Govcmmentl under section 89, i t would, with accumuln-
tions in the way aFcompuund inleres~,be sufficient, ahcr payment of
all expenses, to pay nl'f the loan at the end of that period.
(2) The rate of inrerest on rhe basis of which [he sum referred lo
in sub-section ( I ) shall be calculated shall be such as may be prescribed
by the '[slate Governmenl].
100. No~wilhstandinganything containcd in section 99 if at any
time the sum slanding at crcdit of [he sinking fund established for thc
Pomer ro
disconrinuc I
paymenrs !
repaymenl of any lonn, is of such amount that, iF allowed ro inlo sinking
accumulale at the rate of interest prescribed under sub-section (2) of fund.

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

( d ) debentures issucd by the Commissioners for the Port of

Calcutta, or
( e ) debentures issued by the Board,
in rhe join1 names of the Secre~aryto the Govcrnment of 'west
Bcngal] in the Financial Department and r hc Accountant-General of
'[West Ben@], to be held by them as trustees for the purpose of
repaying from time to time [he debentures issued by [he Board.
(2) All dividends and othcr sunis received in respect of any such
investment shall, as suull.as possible afier receipt, be paid inra the
appropriate sinking fund and invesled in the manner prescribed, by
sub-secrion (I).
(3) Any investment made under [his sccrion may from lime lo
timc, subject to the provisiuns of sub-scclion ( I ) , be varied or
transposed.
Applicakinn 102. The aforesaid trustees may lrom iime to time apply any
of sinking
runds.
sinking tind, or nny pan thereof, in or towards the discharge of the
loan or any par^ of the loan for which such fund was established ; and
until such lonn is wholly dischargcd shall not apply the same for any
other purpose.
Annual 103. ( I ) The aforesaid trustees shall. ar the end of every financial
slnrcmenrs
by lruslees. year. lrans~nitto thc C h a i r m n a statement showing-
( n ) the amount which has been invested during the year under
section 101.
( b ) the dale of the last investment made previous to the
transmission OF the statement,
{c) the aggrcgale amount of [he securilies held by them,
(R) the aggregate amount which has, up ro the date of the
sralcrnent. been applied under section 102 in or towards
rcpaying loans, and
(e) the aggregate amount already paid into each sinking fund.
(2) Every such statement shall be laid before [he Board and
published by noti Fication.
Annual 104. (I) The said sinking funds shall be subjecr to annual exami-
cxa~nina- nation by the Accountant-Gencral, ' v e s t Bengal] who shall asccrlain
liun or
sinking wherher hec cash and thccurrent value of the.rrcuri[iesatcredilof such
Cunds. runrls arc actually equal to the amount which would have accumulated
had invcstmenw been regularly made and had the rate of inlerest as
originally cstimaied bccn obtained therefrom.
-
'The words "We\( Brngal" wcrc substilurcd lor tllc wnrd "Rengal" by para~rapli
(2) u i aniclc 3 or tht: India11 Indcprndrncc (Adapra~iono r Bengal md Punjah Acir)
Ordcr. 1918,
 LatestLaws.com

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 :

2~rovided that if~hecurrenlvalueoFthc sccurilies in aIl thesinking

funds togelher isequal tu the amount merlrioned in sub-section (I),the
deficit in any panicular sinking f'und shall not be cerlified by the
Account nncGenera1.

105. 1 1 ) Ifthe Board Bil- Pruccd urc

i f Board rail
pay any inleresl due in respec1 of any loan laken in
( ~ 1 ) 10 lo rnakc
pursuance of section 89, or any
payrncnl
. . or
invcstmenl
( b ) to make any payment prescribed by scction 98, section 99 in rtspcr
o i loxns.
or sub-seclion (2) of scction 104, or
(c) tu makc any invest men^ prescribcd by seclion 101,
the Accountanr-General of 3west Bengal] shall make such
payment or set aside and i n v e s ~such sum as ought to have been
invested under the said section 1 0 1 , as the case may be ;

and the d[Commissioncr of the Corporation] shall forthwith pay

from the Municipal Funds lo he said Accountant-General a sum
equivalent to the sum so paid or invesrcd by him ;

?his prnviso was added by s. 5 1 or rhc Cnlcutla [nlprovzmenr (Amcndrncnl) Acl.

1955 (Wcsl Bcn. ACI X X X l l uf 1955).

dThc words "Enccuiivz Officcr nr rhr Corporation-' in sub-scciions 11J and (2)
wcn: originally substirutcd Cor thc wnrds "Chairman o i l h e Curporalion" hy s. 2 and
thc Firsr Sch. or llic Rengal Rcprilling and Amending Act, I938 (Bun. Act I nf 1939).
and ~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

funher require the Corporalion ro increase he maximum au~horized

by '[sect ion 165 of that Act], to such extertl as may be necessary for
the purpose of making such payment :
Provided thar no sucl~increase shall be made. in consequence of
any fiilure of the '[Commissioner o f the Corporalion] to make any
payment as required by seclion 105, unless the taxes imposed by
sections 83 and 84 are levied :I[ he maximum rates respectively
prescribed by those scclions.
107. All moneys paid by the 2[~omn~issiuner or lhe Corponlionl
under sub-section (I) of section 105 and nor reimbursed by the3[s1ate
zcr:S;:-
tion 10s 10
Government] under sub-sec~ion(2) of that sccrion, and all moneys
payable under sub-secrion ( I ) of section 105 and.levied under section
:;c:h:;
pcny [hc
106, shall constitute n charge upon the property of the Board. Board.

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).

3.~cuCOOI-~VIL:2 nn page 303, nt11c.

 LatestLaws.com

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

( b ) disallow the estimare or any porrinn thereof, and rerurn the

estima~eto the Board for amendment.
(2) IF any es~imibte is so returned lo [he Board. lhey shall
forthwi~hprocced to amend il, and shall re-submil the esdmate, as
'
amcndcd, to [he [State Guvernmenrl, who may then approve it.
Tmns~nis- I 1 1. A copy oF every such estimate shall, when approved by the
sion or
copy or '[Slate Governmentl, be sent by the Board to [he ZICommissionerof
es~imatcto rhc Corporation].
Comn~i-
ssio~ieroC
Corpom-
,!inn,

Spccial
provisiuns
112. ( I ) A special meering of [hc Board bc held as soon as may be
ID iilc expedienl after the day appoinled under secti-on 17, sub-secrion (I).
firsr 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.

'5rc rool-nnlu 2 un page 303. nnrc.

'5cr loor-nnrr 5 on page 370,nrlrc.
 LatestLaws.com

The Colc~trruIn~provernet;tAct, 19I I .

(a) re-paymenls of moneys belonging to contractors, or other

persons and held in deposit, and of moneys collected by, or
credited to, the Board by mistake :
(A) payments due under a decree or order of a court passed
against [he Baard or against the Chairman ex-oflcio, or
under an award of the Tribunal ;
( c ) sums payable under a compromise ofany suit or other legal
proceeding or clainl effected under section 154 ;
(d) sums payable under this Act by way of compensation ;and
( e ) payments required to meet some pressing emergency.
(4) Whenrever any sum exceeding five thousand rupees is '

expended under clause (cl of sub-section (3), the Chairman shall

forth-with report the circums~ancesto the '[State Government], and
shall at the same time explain how the Board propose to cover rhe
expenditure.

115. All moneys payable to the Board shall be received by he Rcccipr of

Chairman. and shall fonhwith be paid into the '[imperial Bank of "'O~~~~osir
India] '[or any other bank approved by thc Board with'the sanction of in Imperial
[he Snte Government] to the credit of an accounr which shall be sly led
"The Account of [he Trustees for [he Improvement of Calcutta.".
116. (1)Surplus moneys at the credit of the said account may from Invcslmenr
time to time be- of surpluc
moncy.
(a) deposited at interest in the 2[tmperial Bank of India] or in
any olher Bank '* * * approvkl by the '[State Govern-
men[] in this behalf, or
( b ) invested in any of the securities ordebenlures mentioned in
section 101. sub-section (I), of this Act or in section 20 of
[he Indian Trusls ACL,1882.
(2) All such deposits and investments shall be made by the
Chairman on behalf of. and with the sanction of, the Board ; and. with
the like sanc~ion.[hechairman may at any time wirhdraw any deposit
so made, or dispose of any securities, and re-deposit or re-invest [he
money so withdrawn or the proceeds of the disposal of such securilizs.
117. ( 1 ) No payment shall be made by the '[Imperial Bank of Payrncnr by
ChCqU".
India] 3[or other bank referred to in section 1 151 out of the account
referred LO in section 1 15 , except upon a cheque.
-
'see foot-note 2 on page 303. nrlfe.
hest st: words werc s u b s r i ~ u ~[or
d rhr words "Bank or Bcng?l" by s. 2 m d the
Firsr Sch. or rhe Rengal Rcpmling and Amending Acr. 1936 (Bcn. A c l ! or 1939).
'lnsc~cdby s. 56 o i the Calculra lnlprovcmenr amend men^) Acr. 1355 (Wcsl
Rcn. Act XXXll or 1955),
?hc words "in Calcutra" were o m i l ~ c dby s. 57, &id.
 LatestLaws.com

Acr, 1911.
Tlic C(tlctrrrf~I~,~ryrovo~errr I
I
[Ben. Act V I
(Clirrprer- V1.-Fi~rntrcc.Secriw~s118. I 1 9.)

(2) Payment ofnny sum duc by theBoardcxceeding one hundred

rupees in amount shall be innde by means of a cheque, and not in any
u~her.way.
Si:n;lrl~r' '118. ( 1 ) All orders for making any Jeposii, investment, wirh-
ol' 0rdcr.c
:~nd drnwul or disl>osal undcr section 116, and all cheques referred ro in
C~CL~LICC. s e c ~ i o r1~17. For any amount no1 excccding rupees tbur lakhs shall be
si~ned-
(n) by thc Financial Adviser and Chief Accounts Officer and
the Pci.sonne1 OthL'icsrof (he Boilrd, or
(1)) in tlic cvenr of illness or for occasional absence from
Calcutta of tllc Financiill Adviser and Chief Accounts
Ot'iiczr or llie Pcrsonnel Of~iccr,by the Personnel Officer
or lhe Fin;incinl Adviser rind Chief Accounls Officer, as the
u;lsc may be :uid by ihe Sccraary ro the Board.
( 2 All orders for making any deposir, investment, withdrawal or
disposal tinder section 1 16. and all cheques rcferredto in seclion 117,
E11r m y :uuounl excccding rupecs four lakhs shall be signed--

(cr) by the CIiairnian and the Secrcraiy lo the Board, or

( b ) in [lie rvcnl of illncss or for occasional absence from
Cnlcurra of tlie Cliairman or tl~cSecretary to [he Board, by the
to ~ h Roard
Seciciil~~y c or tlie Chairman. as the casc may be and by the
Financial Adviser and Chlet' Accounrs Officer of the Board.
6.~~1lo1rrrtio1r.-"FinancialAdviser and Chief Accounts Officei'
illid "Personnel OfRccr" shall mcan respectively the Financial
Ad\.iser and Chief Accounls OFficcr and the Pcrsonnel Officer
;ippoilllcrl undcr this Act and the rules made thereunder.

119. Bcfore the Cl~nirman2[or Ihe Secretary to the Board or the

Fii>;lncial Adviser and Chief Accounts OfFiccr OF the Board or the
Pcl.sonnel Officer of rhe Buard] signs a chequc under section 1 18, he
must s;rrist'y llimself that [he sum forwhich such cheque is drawn either
i r eadpurposc or work spccilil-ally sanctioncd by the Board
i s ~ . c c ~ ~ ~fnr
or is a n iretrl 01' one of thc excepted dcscriptions specified in seclion
1 13, sub-seclion (3).

'I'II: \i.urJs r u i ~ l ~ isquarc

n b r ; ~ c k t ~wcre
s subsrilulcd Cwr rhe words "or any other
Trrlslce o r 111c Stcrelar). lo the Board" hy s. 13, ilrirl.
LatestLaws.com
 LatestLaws.com

The Calctrfta Imnproveriiei~rAcr. 1911.

[Ben. Act V
II
I
, (c) the proceeds of the sale of any land vested in the Board i
I * * * * !

(eJ the proceeds of the sale of any movable property (including

securities for money invested from the capital account)
belonging to he Board ;
(I) all lump sums received from 3[any Government] in aid of
the capital account ;
(g) a l l p w t ~ t i ureceived by the Board in connection with leases
4 * * * *

( I r ) all sums (if any) which the '[state Government) directs,

under seclion 125, sub-secrion (2), to be credited to the
capital account; and
( i ) allm~neysresultingfromthesaleofs~curitiesb~direction
of the '[State Government] under section 1 26.
Application 123. The moneys credited to the capilal account shall be held by
ofcapital th~Boardintnrst,andshaltbeapp~ied~o--
accounl.
( a ) meeting all cosrs o f framing and executing improvemenl
. schemesb* * *
( b ) meeting the cost of acquiring land for carrying At any of
the purposes of this Act ;
(c) meeting the cost of conslrucling buildings required for
carrying out any of the purposes of this Act ;
\
( d ) lhe repayment of loans from money borrowed in pursuance
of seclion 89, clause (b) ;
( e ) making payments in pursuance of section 149, otherwise
than for interest or for expenses of maintenance or work-
i ng;

'Thc words "which was purchased oui aT any loan lakcn in pursuance of scction
69 or scction 91" wcre omilrcd hy s. 6I (1) or h e Calcutta lmpmvemenl (Arncndmcnl)
Acl, 1955 I\Vcst Ben. Acr XXXI[ 01 1955).

Vhcsc words wcrz idbsritured Tor ~ h rwords

: "thc Government" by p a n . 3 and
to thc Governmcnr or India (Adapia~ionof Indian Laws) Ordcr,. 1937.
Sch. I V
q h c words "for m y l e n exceeding fody ycars" wen: ornirrcd by 5 . 61(3) of
the Calculla Improvcmcnt (Amendn~cni)Act. 1955 (WE\ Ben. Acl XXXU of 1955).
'SEE toot-note z on page 303, un~c.
?hc words "and rc-housing schemrs" were omitted by s. 62 or lhc Calculra
lrnprovcmrnt (Arnendn~cnr)Acr. 1955 (Wcsr Ben. Act XXXIi of 1955).
 LatestLaws.com

~ . ~ ~125.)
(Chapter V I . - F i n a r ~ c e . S e c t i u ~124.

) making, or contrbuting towards the cost of making, sur-

veys, in pursuance of sec~ion167 ;
(g) meeting such proportion oft he cost of management as the
Board may, w i ~ hthe sanction of the '[state Government],
prescribe in this behalf ; and
(11) [emporarily making good the deficit (if any) in the revenue
account at the end of any financial year.
124. There shall be credited to the revenue accounl- Crcdirs to
(a) all interesrs received in pursuance of '[sec[ions 78.78Gor
791 ;
( b ) all proceeds received by the Board of taxes imposed by
Chapter V ;
( c ) all sums contributed from Municipal Funds which are
received by he Board under section 88 ;
Id) all 3* damages ** * received by the Board under section
'[I621 ;
(e) all annually recurring sums k e i v e d from the Government
in aid of the funds OF the Board ;
'(f) all receipts from lease of playgrounds, swimming pools,
athlelic tracks and stadiums and From sale of tickets for
admission thereto ;
(g) all rents of Iand vested in the Board ; and
(11) all other receipts by the Board which are not required by
section 122 to be credited ro the capiraI account.
125. ( I ) The moneys crediled to the revenue account shall be held Application
by the Board in trust, and shall be applied *t of rcvcnuc
account.
( a ) meeting all charges for inlerest and sinking fund due on
account of any loan taken in pursuance of section 89, clause
(a), or section 91, and all other charges incurred in
connection wirh such loans;

' ~ h e s 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

771e Cci1r:rrrro l ~ ~ i p t - o v e ~Acr. ~ r I.

n c ~191
[Ben. Act V
i
( b ) paying all sums due From [he Board in respect of rates and
raxcs in~posrdunder '[the Calcutta Municipal Act, 195I], \V~stflcn,
Acl X X X l l l
1I '
upon land vested in the Board : o f 1451. I

( c ) paying the cost ( i f any) of mainmining a separateestablish- Ii

men1 for the collec~ionOF rhc rents and other proceeds of
land vested in the Board ;
'(ui) paying of cost of holding or participating in conferences or
exhibitions relaling to urban improvements ;
3 ( ~ ~paying
) [he fees prescribed for arbi~ratorsunder section
78D;
. .
. ,
1 ) paying all sums which thed[StateGovernment] may direct
to be paid to any auditor under section 1 32 ;
( r ) making piiy ments in pursuance of seclion 149, for intcresl
or for expelises of maintenance or working ;
(fl paying thecost of ~ i a n n g z ~ n c ncxcluding
r. such proporlion
thereof as lnny be debited to thc capital account under
clause (8) of section 123 ; a t ~ d
(g) paying all other sums due frnm [he Board, olher [hzln those
which arcrcquired by sectinti 123 to bcdisbursed from the
capital account.
(2) The surplus (if any) remaining afier making thc payments
referred lo in sub-section ( I )shall,
subjccc 10 the rnai~ltenanceol' a closing balance of onc Iiiktt of
rupees, and
51unlesscontributed permanently to lhc capilal account under the
direction of the Statc Government or advanccd lo the capital account
undcr the provisions 01' section 1271. and
unless the "Starc Go\)ernment]othenvisc dirccls,
be invested. in [he nianner prescribcd in seclifln 101. lowards the
service or any loans oulstanding ofrer t l ~ ccxpiry of sixly years horn
the commencement of [his Act.

'~uhs~irurcd for thr: words and hguref "the Calv1111;\

Municipal ACI. 1925" hy s ,
6d(l )(il o i thc C ; ~ l c i ~ ~ (Amnd~ncntAul. 1 g55 (\Vtst Ecn. Acr X X X l l
I~nprovc~uznt
ln
of 1955).
2Clausl: I r i ) was insurtud by s. 6Jll) fiil,ilid
'(:lausc luu) was inscrrrd By s. 13 o r ~ h cCalculrn Iinprur.emcnr (Arncndn~cnr)ACI.
1'331 (Rcn. Acl V l l l nf 19.71).
'Srr ruul-now 2 on page 30.3,c l l ~ ~ c .
5~i~bsriru~cdTor the i\ords 'Txccpt as provided in scc~inn127" by s. 6412) or rhc
C:~luulla Inipmrzmcor (Anicndnienl) Acl. 1955 ( W c s ~Hen. Acr 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.

127. ( 1 ) Notwithstauding enytl~inzconlaincd in section 175, thc Adv:lnc.cr

Fraru
Board may advance any sum standing at thc credit of the rcvcnuc ,,,.,,,,,,
account for the purpose OF meeting capilal expeuditure. ;IKOUII~ 10
capital
(2) Every such advance 2[shrtll, unless a direction is givcn by [he accounl,
Slate Government under sub-section (2) o f section 125, bo rcfui~ded]
to the revenue accounl as soon as may be practicitble.
128. (1) A n y dctlcit in the revenue accounl nt the ciid o f any r\t~vallccs
rru111cn~>ilal
Financial ycar may be made good by an ndvallcc. froin capi!nl ,,,,,,,,
account. ~C\*CIIIIZ
:lCCUtInt.
(2) Every such advance shill1 bc rcfunded lo lhe capilal nccounr
in the following financial year.
129. The Board shall s u b n ~~n n at the r n d
i ~tlic '[State ~ o v i r n m c t]. S"hn'jWiol1
or absrr;\crs
ofeach half o f every linnncial ycnr, at1 abstract ol'thc nccoots ol'thcir , t ,,I
,,,,,,
receipts and expendiiurc.

130. The accounts of the Boaid shall, oncr in eve1.y linn~icialyear,

bc examined and audited by sucll auditor as lhe 'Istalc Gave~.nmeiit]
may appoint in this behalf.
131. The auditor so appointed may,-
( a ) by written summons, rcquire the praduc~ianbefore hiin of
any document which hc niny consider nccess;Lry for. tlic
proper conduct ot' rhc audit ;
( b ) by wriiten summons recluircany person l i a v i ~ ~LIICg c ~ \ s ~ u r l j l
or control of, or being accountable fur.any sucll douuiiicn~
to appear in person bcforc him ; ;\nd
( require any persol1 so appearing befure tlim to mitke aurl
sign a declaration wilh I-espcct m any s u c l ~docu~~lcllt, to
answer any cluesiion, or l o prcpnre ;ulrl submit any s ~ ; I I ~ -
Inellt.
132. The Board sholl pay to t l ~ said
e nudito~.auchrcmiincmtioo as Ilcmunrm-
lion oC
the '[state Govenment] may direcl. nudilor.
'see fool-nolc 2 on pagc 303. ~ l r ! r r , .
2~ubsriiuredfor ~ h cwords "shall Lrc rcrundzd" 1)s s. 65 o i the C;~lculln
Improvement (Amendmznr) ACI. 1955 (\Vehr Hc~i.A c l XXXII uC 105.5).
 LatestLaws.com

T l ~ eCulcrrrra lr~rprovetr~et~~
Act, 1911.

[Ben. Act V
I

Repom md 133. The said auditor shall-

infdrnmation
LO be (a) report to the Board any material irnproprieryor irregularity
furnished which he may observe in theexpenditure, or in the recovery
by auditor
10 rhc ofmoneys due to the Board, or in the accounts, and report
Board. the same to the '[state Government],
( b ) furnish LO the Board such information as they may from
time to time require concerning the progress of his audil;
and
(c) within founeen days after !he completion of his audit,
forward his repon upon the accounts to the Chairman.
B O to~ 134. I t shall be the duty of [he Board forthwith to remedy any
rcrnedy
dcrccts defects or irregularities thar may be pointed out by the auditor.
poinlcd out
by auditor.

Audilor's 135. The Chairman shall cause the report mentioned in sec~ion
=port 10 be
scnr to shch 133, clause (c), lo be printed and shall forward a printed copy thereof
T ~ s l c c~d LO each Trustee, and shall bring such report before the Board for
considered
by Board, consideration at their next meeting.

Publicarion 136. As soon as practicable after the receipt of the said report, [he
and
w,,,i,- Board shall prepare an abstract of the accounts to which it relates, and
sion oT an shall publish such abstracl by notification arid shall send a copy of the
abstract of
rhc abstract to he 2[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.

* ~ h cwords "Execurivc Olliccr o f the Corporation" wcrc originally subsiituted

for the words "Chairman of thc CorponLion" by s. 2 and rhc Firs1 Sch, of the Bcngal
Rcpcaling and Amending Aci, 1938 (Ben. Acr I o f 1939), and t h e ~ a f h ~ re word
"Comn~issioner"was subslitulcd lor thc words "Exccu~iveOClicer" by L. 66 o i Ihc
Calcuna lrnprovemcnr (Amendment) Act, 1955 ( W a t Ben. Act XXXII o f 1955).
3~ubsdiuredror thc words "sub-zccrions ( I ) , (2) and (3)of scclion 7" by s. 67.
ibid.
 LatestLaws.com

Tlre Calcutta Improvemerit Act. 1911.

(Chapter VI1.-Ru1es.Aectio11 138.)

(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) . .

of sub-section (2) of section 631 ;

(f) for facilitating the laking of a census and securing accurate
returns thereof ;
(g) for the maintenance and management of dwellings and
shops constructed under re-housing schemes.
(3) In making a n y rule under sub-section (1) or sub-section (2),
the Board may provide that a breach of it shall be punishable-
(i) wilh fine which may extend ID five, hundred rupees, or

'Clause (30)was- insencd by s. 14 o l h c Calcuita lmprovcmcnr (Arnrndmenr) Act.

1831 [Ben. Acl Vlll of 193 1).
*see roar-note 2 on page 303, ante.
h c s c words,brackets and figures were addcd by s.4 d t h e Calcurta Improvement
(Amendmenr) Acr. 1915 (Ben. Acr I11 oi 1915).
 LatestLaws.com
LatestLaws.com

Tire Calcu~tuIt~~provement
Act, 191 1.
I

[Ben. Acl V
I

(ii) in caseof acontinuing breach, wilh tinc which may extend

to fifty rupees for every day during which the breach
continues aher receipt of wrillcn notice from rhe Chairman
to discontinue the breach.
Conditions 139. The power to make rules under section 86, section 137 or
preccdcnr sec~ion138 is subject to the condition of [he rules being made after
LO lhc
making of previous publication. and to [he following furthercondilions, namely,-
mlcs undcr
lo) a draft of [he rules shall be published by norification and in
locnl newspapers ;
( b ) such draft shall not be further proceeded with until after
publication. or such longer period as [he '[State Govern-
men[] or (in the case of rules made under section 138) the
Board may appoint ;
(c) for one month at leas1 during such period, a printed copy
of such draft shall be kept at the Board's office ibr public
inspection. and every person shall be pcrmitted at iuly
reasonable time to peruse the same, free o f chargc :
(d) prinled copies of such draft shall be delivered to any person
requiring he same, on payment o f a fee OF two murus for
each copy.
Sanclion DI 140. No rule made under section 138 shall have any validity
Srarc
Govern-
unlcss and until it is sanaioned, with or without modification. by [he
mcnr '[State Government].
rcquircd LO
rulcs made
under
seclion 138.

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.

' ~ c efoo~-rlole2 on p a p 303. nrlre.

h he words w i ~ l ~ square
in brackcts rvcrc si~bsrilurcdlor rhc words "rwo nlrrm.r"
by s.24 or the Calcutta Irnprovcnienr (An~undrncnI)Act.1983 (\Vesr Ben.Acl XLll of
1983).
 LatestLaws.com
LatestLaws.com

(2) Notice of the fact of copies or rules being oblainable at the

said price, and of the place where and the person from whom the same
lire obtainable. shall be given by the Chairman by advertisemen1 in
local newspapers.
143. Copies in English and B e n ~ a l i ,of all rules made under Exhibilion
of copies of
section 137 or section 138 shall be hung nr affixed in some conspicu- rules.
ous part of the Board's oftice and in such places o i public resort
affected by [he rules as ~ h Chairman
z may think fit.
144. The '[Slate Government] may a l any rime, by no~ificatiun, Power or
Sratc
cancel any rule made by the Board under section 138. Govcm-
men1 ro
CHAPTER VIII cancel rulcs
made under
Supplemental Provisions. szc~ion138.
Srcrtrrs of Trrrsrecs, etc:.
145. Every Trustcc, and every olficcr and servant of tl~rBuard, Tri~slrca.
and every member and officerand servanl of the Tribunal, shall bc CIC., dec11ic.d
XLV deemed to be a public servant within the meaning of section 21 o f [he public
SCC\'mIS.
IH~O. Indian Penal Code.
orrd pet~siorlsof ' 1 s ~ -
Cottrr-ibrr~iolrs;cnt)t~).dslco~~e-rrllu~r.rr)ll.es
of 1f1eGover~r)rre/r~].
i70)r/s

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

Extet~siotlof Acts to area in rl~eneighbourt~oodoJthe Calcutta

Mrrnicipalify.
q:
Powcr lo 147. ( 1 ) When any provision of this Act has been extended to any
cxtcnd thc
Calculrn area under section I, sub-section (3). the '[State Government] may,
Municipal by nodfication pubIished in the '[Oficial Guzane] and in such olher
Act, 1951.
10 ma. manner (if any) as it may consider necessary, extend to such area the
near '[~alcuttaMunicipal Act, 195 11, or any portion thereof, subject to West Ben. ., .
Calculla, to
which such restrictions and modifications (ifany) as may be specified in such Act XXXllI . .. . - .
provisions of 1951.
notification.
of the
prcscnt Act 121 When the said 3[Calcutta Municipal Act,1951], or any
have becn
extended. ponion thereof, is ex~endedunder sub-seclion (I) to any area, then-
(a) the Bengal Municipal Act, d[1932], or the Bengal Local B~,,,
Self-Government Act of 1885. as the case may he, or the xv of
1932.
corresponding portion of such Act, as the case may be, if Ben
in force in sucharea, shall bedeemed to be repealed therein, of 1885.
and, I
( 6 ) except as the '[state Government] may otherwise, by
notification, direcr, all rules, by-laws, regulations, orders,
directions and powers made, issued or conferred under the
n Act, 195 11, which
portions of the said 3[~alculta~ u jcipal
have been so extended and i n force at the date of such
extension, shall apply to the said area, in supersession of all
corresponding rules, by-laws, regulations, orders, direc-
tions and powers (if any) made, issued or conferred under
the said BengaI Municipal ~ c t4[1 , 9321, or the said Bengal
L ~ c a SeIf-Government
l Act of 1 885, as the case may be.
. .
Publication 148. (1) Before finally publishing any notiqcation under section
or
. noufica- 1, sub-section (3), or section 147, sub-section ( I ) , [he '[Stare Govem-
lions under ment] shall publish a drdt of the same in the 2[0ficial Gazette].
sccuons
l(3) and (2) Any ratepayer or inhabi~antof the area affecred by such draft
147(1) in
dnlc, for may. if he objects to the draft, submit his objection in writing to the
I
criliclsm. [State Government] within six weeks from its publication, and the
'[state Governmentl shall lake such objection into consideration.

'see root-no~c2 on p a p 303. n~rrc.

'See loot-note 6 on pngc 304, nnte.
ror thc words "Calcurm Municipal Act, 1923" by s. 68 of the Calculo.
'~ubs~iturrd
Improvemen! (Amendment) ACI,1955 ( W u i Ben. ACI XXXII or 1955).
'see fool-note 3 on pagc 328? nnre.
 LatestLaws.com

Facilitiesfor rnovemerrr of rhe populariot~.

v: 149. With a view to facilitating rhe movement of the population Powcrs or
the B o d
in and around theCalcullaMunicipality, the Board may from time to Tor
time,- racilitadng
rnovcrncnl
( I ) subject to any conditions they may think fit to impose,- or the
populaiion.
( a ) guarantee [he payment. from the funds at their disposal, of
such sums as they may lhink fit, by way of interest on
capital expended on the construclion, maintenance or
working of means of locomotion; or
( b ) make such payments as [hey may think fit from' t he said
funds, by way of subsidy to persons undertaking to pro-
vide, maintain and work means of locomotion ; or
(2) either singly or in combina~ion.wirh any other person.
consuuct, maintain and work any means of locomotion, under rhe
provisions of any law applicable thereto, or
(3) construct,or widen, strengthen or otherwise improve,bridges:
Pr0vide.dthat no guarantee or subsidy shall be made under clause
( I ) , and no means of locomotion shall be canstructed, maintained or
worked under clause (21, without the sanction of the '[State Govem-
ment].
Telegrapl~and Railway Acts.
150. Norhing in this Act shall be deemed to affect the provisions Saving 01
Tclcgraph
XIIIor of the Indian Telegraph Act, 1885. or the Indian Railways Act. 1840. and
1885.
Rilwnys
IX or 1890. k g 0 1 Proceedirigs. Acu.

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.

'see font-now 2 on page 303, nnrr.

 LatestLaws.com

[Ben. Act V
i
offence is made before '[a hlelropoli tan Magistrate within Ihrec 1 -. -

monrhs n e x ~aRer the dereclion of he Commissic~nof such offence]. !

9:
Powr LO 153. It' any pcrson. who has been summoned to appear before a
hcdr CJSC ill
nbscncc nf Presidency Magistrate lo answer a chargeof an offence against this ACL
accused or any rule made hereunder which is punishable with fine only, fails
wllcn
sumrnoncd to appcar at rhe rime and place mentioned in the summons, the
lo appcar. Magistrate may, if service of [hesummonsi s proved ta his salisfaction,
and i f no sufficient cause is shown for the nun-appearance of such
person, hear and determine the case in his absence.
Powcrs of 154. The Chairman may, subject tn the conlrol of rhe Board,-
Ctlair~nan
a5 10 (o) institu~e,defend or withdraw From, legal proceedings
insriruliun. under this Act or any rule made hereunder ;
erc., of
Icgnl ( b ) compound any offence against this Acr or any rule made
prucetdings hereunder which, under any law for rhe time being in Force,
and
obtaining mzly lawfully be cornpoundcd ;
lcgnl (c) ridmil, compromise or withdraw any claim made under this
advicz.
Act or any rule made hrreunder: and
d obtain such legal advice and assistance as he may from time
to lime think it necessary or expedien~LO obtain. or as he
may be desired by the Board to obrain, for any of he
purposes referred to in the foregoing clauses of this secrion,
or for securing the lawful cxercisz or discharge of any
power or duty vcsled in or imposed upon [he Board or any
officer or servant of the Board.
Indemnity 155. No suir shall be maintainable against the Board. or any
lo Board.
CIC-
Trustee, or any officer or servant of the Board. or any person acting
under rhc direction of he Board or o f the Chairman or of any officer
or sevant of the Board, in respect of anyrhing lawfully and in good
faith and with due care and allenlion done under this Act or any rule
made hereunder.
Noricc uT 156. N o suit shall be insri~u~ed agains~t h e Buard, or any Trustee,
suir a ~ a i n s r
Board, elc.
or any ofticer or servant of the Board, or any person acting under the
direction of the Board or of the Chairman or o l any officer or servant
of the Board, in respect of any act purportingro be done under this Act
or any rule made hereunder,
unti I lhe expiration of one month n e x after
~ wrirten notice has been
delivered or left at the Board's ufficc or the place of abode of such
ot'ficer, servant or person, slating the cause UF action, i h e name and

'me words wilhin square brackcts wrrc suhsti~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

place of abode of [he intending plaintiff, and thc relief which he

claims ;
and [he plaint musr contain a statement [hat such notice has been
so delivered or left.
Police.
157. ( 1 ) The Commissioner of Police and his subordinates shall Co-opura-
lion or Ihc
be bound to cn-operate wilh the Chairman for carrying into effect and Policc,
enforcing [he provisions of [his Act.
( 2 ) I t shall be the duty ofevery police-officer who is subordinate
to [he Commissioner of Police-
( i ) ro communicate wirhout delay to the proper officer or
servant o f [he Board any information which h e receives of
a design to commit or of the commission of any offcnce
against this Act or any rule made hereunder, and
(ii) to assist the Chairman or any officeror servant of the Board
reasonably demanding his aid for the law fuI exercise ot'any
power vesting in thc Chnitman or in such officer or servant
under this Act or any such rule.
158. ( 1 ) Every police-ofticer shall arrest any person who com-
mits, in his view, any offence against this Act or any rule made
hereunder, if the name and address of such person be unknown LO him,
and if such person, on demand, declines to give his name and address,
or gives a name or address which such officer has reason l o believe to
be false.
(2) No person so arrested shall be detained in custody after his
true name and address are ascertained, or without, the order of a
Magistrare, for any longer time, not exceeding at [he most (wemy-four
hours rrom (he arresr, rhan is necessary for bringing him before a
Magisirate.
(3) On the written application of the Chairman, any policc-
officer above the rank of constable shall arrest any person who
obs~ruc~s any officer or servant of the Board in the exercise OF any of
the powers conferred by this Act or any rule made hereunder.

159. Whenever, under this Act or any rule made hereunder, the 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

(bl any officer or servant of the Board,

 LatestLaws.com

[Ben. Act V i

160-1 62.)
(Chapter VIII.-S~pplen~enralProvisi~~~s.-Secriot~s I

a written document. signed, in case (a) by [he Chairman, and in

case (b)by the said officer or servant, purporting Lo convey orset forth I
such approval, sanction, consent. concurrence, declaration, opinion or
satisfaclion, shall be sufficient evidence of such approval, sanction,
consent, concurence, declaration, opinion or satisfaction.

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

The Cnlclrrru hnprorn~terriAcr. 1911.

of 1911.1
i o ~ ~166.1
(Clwprer ViiI.4 1 1 p p l a nur rnl P r o v i s i o ~ ~ r . - S ~ c r163- .~

(2) In the cvent of dispute. theamaunt of compcnsa~ionpayabIe

by the said person shall bedetermined by the Magistrate b e h e whom
' he was convicted OF I he said offence.
(3) If rhe amount of any compensation due under Ihis section be
not paid, the same shall be recovered under a wnrranl from rhc said
Magislratc. as if ir wvcrc a finc inflictdzd by him on the person liable
therefor.
Pltblic- N o r i c ~ sn~rdA d ~ ~ ~ r r i s e t ~ i e r r r s .
163. Every public notice given under this Act or any rule made Public
no[iccs how
hereunder shall be in writing over the signature of the Chairman, l o hc madc
and shall be widely made known in rhe locolily 10 bc nffected known.

thereby, by affixing copies thereof in conspicuous public places

within the mid lucaliry. or by publishing the same by bent of drum or
by adverlisernent in local ncwspapers, or by any two or morc of these
means, and by any o111erm a n s that [he Chairman may think fir.
164- Whenever i t is provided by this Acl or any ru\emdde Nclvspapcrs
in which
hereunder that nolice shall be given by advertisemenr, in local ndvcrrise-
newsppers, or lhat notiticurion or any information shall be published mcn& ur
nolices to
in local newspapers, such notice, no~ificationor infbrmation shall be br:
inserted, if practicahlr, in at least ~ w o English ncwspaperi and rwo published.
vernacular newspapers.
Sigtlfl hrrc and Service of Norices or Rills.
165. Every notice or bill, which is required by this Acr or by any Stamping
signnturc
rule made hereunder w bear the signature o f the Chairman or of any on nolicsa
other Trustee or of any officeror servant of the Board, sl~allbe deemed or hills.
to be properly signed if it bears a fac.rilnilc of the signarure of the
Chairman or OF such orher Trustee or of such officcror scrvant, as the
case may be, stan~pcdthereupon.
166. When afly notice. bill or other document is required by this
Act or any rule made hereunder lo be served upon or issued or
presented lo any person, such service. issue or presentation shalI be
effected -
( a ) by giving or tendering such documcnt to such person ;or
(Ir) if such person is not found, by leaving such document at his
last known place of abode in Calcut~a,or by giving or
tendering tlie same to samc ndul t male member or servant
of his family ; of
(c) if such person does not reside in Calcutla, and his address
elsewltcre is known to the Chairman, by forwarding such
document to him by registeredpvsr under cover bearing the
said address ; or
 LatestLaws.com
LatestLaws.com

The C U ~ C I II I ~~ [P~~ ~ I J PAcf,

I I ~ 191
J I 1.
~
[Ben. Act V ,

C / ofr I .1 p 1P iI 167,168.)

( d ) it' none of the means aforesaid be available, by causing a

copy of sudl document to be affixed on same c o n ~ p i c u o u ~
par1 of the land (if any) to which the docurnen~relates.

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 ;

'lnscncd by s.69 d rhr Calcu~lrlmprovrmcnr (Amendment) Acr, 1955 ( W e s ~

Bcn.Acl X X X l I or 1955).
21nser~cdby 5.70,ibirl.
 LatestLaws.com

The Calciltr~lIrrlpr-ovuttrer~rAct, 191 1.

(c) sufficient notice shall in cvery instance be given, even

when any prcmises may olhenvise be cntered withour
7: nodce. to enable the inmales of any apartment approprialcd
LO females lo remove 1 0 some part of the premises whcrr:
their privacy need not be disturbed.
( d ) due regard shall always be had, so Faras may becompalible
with the exigencies of the purpose. for which the entry is
made, to the social and religious usages of thc occupants of
[he premises entcred. -
(2) Whenever the Chairman enters into or upon any land in
pursuance uf sub-sec~ion(I), he shall at the lime of such entry piiy or
tender payment for all necessary damage LO be done as afnrcsaid ; and,
in case of dispute as ro the sufficiency OF the arnounr so paid or
tendered, he shall at once r c k r the dispute to the Board, whose
decision shall bc tinal.

169. If any Trustee, or any orficer or servant of ~ h cBoard Punishmen1

knowingly acquires, directly or indirectly, by himself or by any for !
acquiring
partner, employer or employee, otherwise than as such Trustee, share or
officer or servanr, any share or interest in any contracl or employment
with, by, or on bchalf of, the Board.
inicresi in
cnnlracI.
etc., with
i
I
nor being a share or intcrest such as, under sub-section (2) of rhc Board. !
section 9, it is permissible for a Trustee to have wiihuur being thereby
disquali tied For being appointed n Tmstee,
he shall be deemed to have committed the flffencemudepu~~ishable
Act XLV of by section 168 of [he Tndian Penal Code. . .
1860. .. . .
170. If any person. wirhout lawful authori~y,-- PcnnIry for . , ,

((1) removes any fence or shoring-limber, or removes or rclnn\'inp

Ccncz. EIC..
extinguishes any lighl. set up under section 59, or in srrccr.
. .
. .

( I r ) iniringesany order given, or removesany bar. chain orpost

fixed, under section 60, sub-section (2),
he shall be punishable with Fine which may extend to fifty rupees.
171. ' [ ( I ) ] '[Ifany person, without rhe pcmission of the Chair- Penalty For
man required by section 63. sub-section (a), crects. re-erec~sor adds $:$:'reel
. .
alignrncnt . . .
--
oY building . .
'Scciion 17 1 W ~ I Srt-nunibtrcd as sub-sec~iunf 1 ) of ihac section and altcr illm sub- line a
sccrinn as so re-nunlhcred sub-sccliun (2) war added by s.71 or the Cnlculla oroicclcd
Iniprovcmcn~IArncndlnenr) ACI. 1955 ( W c s i Hcn.Avr XXXll 01 1955). bu61ic
s1rcct.
2 ~ h c s wvrds,
c brackets and hgurcs wilhin squart: brackc~swere subsriru~cdlor lhc
prcviws wurds and figurcs by 5.5 of rl~cCalcuiia I~nprovemcnr(Arncodmcn~)Acr,
1915 (Hen. Acr 111 a l 1915).
i
 LatestLaws.com

392 ~ ' n ~1911.

Tlie Colcrrrro I ~ i i y r o v e r ~ rAcr.
[Ben. Act V :

l o any wall (exceeding ten feet in height) or building which falls

within the street alignment or building line of a projecred public ..
slreetl(or a projected public park) shown in any plan sancrioncd by [he
'{state Government) under the said sectionl, he shall be pun~shable-
(a) with Fine which may cxtend, in the case of a masonry
building or a wall, to five hundred rupees, and, in the case
UF a hut, to fifty rupces, and
( b ) with further fine which may exlend, in the casc of a
masonry building or a wall, to one hundred rupecs, in the
case oFa hul, 10 tcn rupees foreach day after the firsr during
which the projection continues.
3(2) In either case, the coun may further direcl that [he erection,
re-erecrion or addi~ionshall be demolished Forthwith.
Pcnally for d 1 7 1 ~ .h~ef owner for the lime being of any wall or building in
railurc lo respect uF which an agrccment has been execuled as provided in
rcmovr:
wall or section 63. sub-section (91,fails-
buildlng in
respect or (a) to remove such wall or building, or any specified portion
which thereof, when so required by notice issued under that sub-
agreement
has hccn section, or,
cxccu~ed. ( b ) within fifteen days from the receipt of such notice, 'to
authorize ~ h cChairman, by permission in writing, to
remove [he said wall, building or ponion,
he shall be punishable-
(i) with fine which may extend, in the case of a masonry wall
or bu ilding, to one hundred rupees, and, in the case of a hul,
to twenty rupces ;and
( i i ) wirh furlher fine which may extend, in the case of a
nlasonry wall or building, lo ten rupees. and. in the case of
a hut, to five rupees, fur each day after [he first during
which the failure continues.
172. [ P e r ~ n l t yfor fuilrrre ro ser bock birildirlg or lvrrll o n
reqrrisition.]-Rep. Ily x.7 of lire Cnlcrrt/a Ixrrprov~merrt(Amendtrrcnr)
Acr, 1915 (Ben. Act 111 of 191.5).
Penally for 173. If any person fails to comply with any requisition made under
Iailurc 10
comply section 1 3 1 , he shall be punishable-
wit11
requisi lion ' ~ h words
c within first brackcrs wrrc inscnrd by 5.26orthc Cdculra improvement
n~adcby (Anicnd~~icnl)Act. 1483 ( W c s ~Hcn.Acl XLlI of 1983).
audirur. '5rr luor-nulc 2 on page 303, r r r l t f .
' ~ c efoul-nok I un ~ i t g t39 1. arlre.
'Sccrinn 17 1A w a inscrlcd by 5.6 of rhl: Calculril Improvcmcnr (Amcndmcnt) Acl.
1915 (Bm. Acr 111 o i 1915).
 LatestLaws.com

' I ~ Culctr
P Act, 191 1.
t ~ r rI~~jlrrovcr~lutrr

(cr) with Fine which may extend to one hutidred rupees ; or

7:
( h ) in casc of-;!cnnlinuing failure, with tine which may extend
to fitly rupees for each day zlf~er\he first during which the
failure continucs.
174. If any pcrson- Penalty for
obslruciing
(ti) ubstruc~sor molests any person witti whom the Chairman conrracror
Iliis entered inlo a conlract on behalf of [he Board, in the or
rcrnoving
perlbrmance or execution by such person OF his duty or of mark.
arlythingwhich he isempoweredorrequired ro dobyvirrue
nr in collsequencl:of this Act or any rule made hereunder,
or
(bJ removes any ~ n n r kse; up for the purpose of indicating any
level or direction necessary to the exeution of works
a u r h o r i ~ e d by this Act or any rulc made or scheme
snnctioned hereunder.
he shall be punishable with fine which may extend to two hundred
rupees, or wit11 imprisonmen1 for a term which may extend to two
months.
' R e c o r c r ~ofc.r~~crrsex
' 1 7 4 ~Whena
. written notice, issued under section 63, sub-section Rtrnoval uf
(9), for the removal of a wall or building. or any portion [hereof, is wall or
building
not complied with by the owner thereof for Ihe lime being as provided and
in section 171A, the C.hairmnn may procccd tu remove such wall, rccovcry o f
cnptnszs.
building or ponion and the expenses incurred in effccling such
reinoval shall be recoverahlc by sale o i the materials or other lhings
removed.
175. [E'ines,rlrrtlru~~s CIIIII yroceerls of L'OIIJ~SCO~~MIS
to be paid lo
Bncrrd,]-Ot~ritrt'd by pparri. 3 nrrd Sr:h.IV to dre Govertr~t~crrr
of It~dia
(Adupmriorl of ltrdiurr L n l c ~ Order;
) 1937.
S~rspetrsiotior nhdi(i011.ond t.c-ittrposiriorr r.ft(lxarioi~or Mvriici-
pnl corlrr ibrrriorrs.
176. (11 Whenever the ?[Stale Government] considers that any Suspension
or
duty or tax imposedby Ctiap~erV,orany paymentrequired by section abdirion,
88, or any portion of any such dury, tax or paymenr. as the case may and
reimposirin~i.
be, is noL required for the purposes of this Act, i t may, by notifica~ion, n l Iaxalion
3 * * * * ,
or
Municipal
'This heading md scclinn 17JA were insurlzd by s.S ,>Ithr. Calculra Irnpravcmcnr
conlribu-
(An~cndnicnl)Acr.l'll5 (Hcn.Acr I11 or 1915). lions.
2 ~ t uhol-noic
r 2 on pi~gc303; nrrrt.
'me words "wirti th~: prcvious silnclinn or thc Govzrnmcnt u l lndiit" were
nm.,~~.,,~ F... , I , . n..,
.I...- --- I . I--*. -r-r... ...- . - --
 LatestLaws.com

Tlre Crrlcrrrrn I ~ ~ p r z l v e t ~ ~Act.

u t r ?1911.
(Ben. Act V

( n ) suspend, for any specified pcriod, t h e levy of such d u ~ yor

lax or any specified por~ionrhereof, or thc making of such
payment or any specified portion thereof, or
( b ) ;tbolish such duly, tax or payment. or any specified ponion
t h e r e o f , lrom a d a t e to be specified in the n o l i f i c a t i o n .

(2) I F a1 any t i m e the '[State Government] considers rhat any

duty, t a x or p a y m e n t , or any por~ion[hereof, which has b e e n
s u s p e n d e d or abolished under sub-seclion ( I ) i s required for t h e
p u r p o s e s o f this ACL,it may, by n o t i f i c a t i o n , '* * * cancc!. such
s u s p e n s i o n or abolitio~i,wholly or in part, as it may t h i n k lit. fronl a
d a t e tu be specified in the n o t i f i c a t i o n .

Power of 3177.(1) 11'i n t h e opinion of the State G o v e r n m e n t i t i s necessary

Srm
Govcrn- so LO do with a view lo b c t r c r co-ordination and s p e e d i e r e x e c u r i o n OF
mcnl to development work and maintenance [hercof the State G o v c r n r n e n t
supersede
rhr: Bvard, may, by an order published in the Oficial Gnzette and m e n t i o n i n g
t h e r e i n rhc r e a s o n for lhe order, supcrscde tile Board for s u c h period
as may bc specitied in the order.
(2) For the removal of d o u b r s i t i s hereby declared [hat no n o t i c e
wliatsnever is required lo be given to t h e Board for s u b m i s s i o n of any
r e p r e s e n t a t i o n beforc making any s u c h order of supersession under
sub-section (I).

' 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

(3) Thc Smc Government may, if it considers necessary so to do,

by ordcr, cxlcnd or modify from timc to time the period of superses-
sion.
' 1 7 7 ~(.I ) When an order OF supersession has been made under Consc-
qucnucs of
section 177, then wirh effect Vrom rhe date of the order- superscs-
sion.
((1) all Trustees of [he Board and all members or other persons
cons~itutingcomrnirtees shall vacate their respeclive of-
fices ;
( b ) all properries. funds and dues which are vested in or
realisable by [he Board and the Chairman, respectively.
shall vest in and be realisable by the Calcutta Merropolitan
Development Authoriry c o n s ~ i ~ u ~ e d seclion 3 of the
under
Calcu\\a Metropnliran Dcvelopment Authorily Acl, 1972
(hercinat'ter referred to as the Me~ropolitanAuthori~y );

(c) all contructs irnd liabilities which are enlorceable by or

against the B ~ i l ~shall
d bc enforceable by or against the
Metropolilan Aulhurity ;
Id) all the powers and duties which may, undcr the provisions
of this or any other Act or any rulc. regulation, by-law,
order or no~ifica~ion made thereunder, be exercised or
performed by [he Board, conl~ni~ree or the Chairman shall
be exercised or performed by the Metrupolitan Authority ;
(e) Bonrd may
all legal proceedings instituled by or agains~~he
be continued or enlbrced by or g gain st the Metropolitan
Authori~y;
If) all officers and other employces of [he Board continuing in
office immediately before rhc dare of the order shall be
deerncd lo be employed by the Me~ropolitanAuthority on
such rerms and conditions no^ being less advantageous than
what they werccn~itledl o inimediately before thesaid date.
(2) The Srare Guvernmcnt shall, belbre the expira~ionof the
period of supersession. reconst irulr: ihe Board in accordance with the
provisions o f this Act.
(3) The Stare Government may make such incidental or conse-
quential ordcrs as may appcar lo it to be necessary for giving effect l o
[he order made under sub-section (1) or (3) of sect ion 177 or under
sub-section (2) OF the scc~ion.
 LatestLaws.com

Tile Calcurm hrrpr-ovcnrentAcr, 191 1.

[Ben. Act V
I , f A , IB, 2 4 . )
(Tlie ScAedrtle.-P~mg~'c~~~I~s !

THE SCHEDULE 1
;
.. .. ., .
. ,.:. .--.
. --' - . ...
:

(Referred ro irr Sectiotr 71.)

Further modifications in the Land Acquisition Act,1894. I or 1894,

1. After clause (el of secrian 3 [he following shall be deemed to

bc inserted, namely :-
" ( e l ) the expression 'Local authority' includes the Board of
Trustees constituted under the Calcutta Improvement Acr,l91 1.". Bcn. Act V
or 191I .
' 1 ~After
. section h, the following section shall be deemed lo be
inserted, namely :--
Publication " 6 A . When acquisition i s proposed to be nude of land comprised
or
notifica!ion. within any irnprovenienl scheme framed by the Board and published
hraring or under section 49 of the Catculta Improvement Act. I9 I I-
objcccions
and ( i ) [he pub!ica~ionof a notice of [he improvemen1 scheme
d~claralion
under rhc under sub-scction (2) of section 43 of the Calcutta Im-
Calcutta provemenr Act, 191 1 . shall be subsriruled For and have he
I lnprovc-
mcnr As1 lo same erfect as publication of a norification in the Oficial
bc Gazerre and giving public notice ofihe substance of such
subs~itut~d
tor lhosc notification in the localily under section 4.
undcr
izcrions 4 ,
( i i ) Proceedingsunder section 45 and sub-section ( I ) ofsecrion
5A and 6. 47 of he Calcutta ~ r n ~ r o v e m e nAct.
l 191 1, shall be
substi~utedfor and have thc same effect as proceedings
under section 5A.
(iii) The publication of a notification under seclion 49 of [he
Calcutla Improvement Act, 191 1 , shall be substituted for
and have rhesame effect as adeclaration under sec~ion6.".
'1B. In section 1 1, beforc he words "make an award under his
hand" the words " a h considering such evidence as may
be adduccd by the Board under sub-section (2) of section
50" shall be inserted.

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 Sclrcdrrle.-Pnmg~'apIis 5-9.)

(2) To the said section 17 the following shall be deemed to be

: added. namely :-
" ( 4 ) sub-sections ( I ) and (3) shall apply also in the case of any
area which is stated in a certificate granted by a salaried Presidency
Magistrate or a Magistrate of the first class to be unhealthy.
( 5 ) Before gra'nting any such certificate, the Magistrate shall
cause nolicc to be served as promptly as may beon the persons referred
to in sub-section (3)of section 9, and shall hear without any avoidable
delay any objections which may be urged by them.
( 6 ) When proceedings have been taken under this section for [he
acquisition of any land, and any person susrains damage in conse-
quence of being suddenly disp~ssessedof such land, cornpensarion
shall be paid to such person for such dispossession.".
5 . Afier seclion 17 the following shall be dcrrned to be inserted Ncw sccrion
17A.
namely :-
" 17A. In every case referred to in secrion I6 or section 17. the Trmsier or
Collector shall, upon payment of the cost of acquisition, make over land lo
Boilrd.
charge of the land to the Board ; and the land shall-thereupon vcsr in
the Board, subject to the liability of the Board to pay any Further costs
which may be incurred on account of its acquisition.".
6 , 7 and 0. (I)--Rep. by s. 2 ofthe Calcrrrrtt Itrrprovemenr
ACI, /922 (Bet]. Act
(Amerrdtne~~t) I of 1922).
9. ' ( I ) Sub-section ( 2 ) of section 23 stands re-introduced. Amcnd- I
( 2 ) At the end of section 23 the following shall be deemed to be
mcnL of I
section 23.
added, namely :-
"(3) For ~ h purposes
e of clauseJr.sl of sub-section (I) of this
section,-
2(a) when acquisition is proposed LO be made by the Board of
land comprised within any improvement scheme framed
by the Board and published under section 49 of he Calcu tta
Ben. ~ c Vc Improvement ACL,191 1 , [he market-value of the land shall
af 1911.
be deemed to be the markct-value according to the dispo-
sition of the land at the date of publication of the notice
under sub-section (2) of section 43 of the said Act; and in
'~irstl~ sub-paragraph
, ( I ) w w rcpaled by s. 2 on rhc Cnlcucca lmprovumznt
(Amcndmcnr) ACI, 1922 (Rcn. Ace I or 1922), L r c r , sub-pmgriiph ( 1 ) was insrrlrd
by s. 74fc)Ii) of rhc Calcutta Irnprovrmen~(An~cndmsnr)Act, I955 (West Brn. Act
X X X l I 01 1955) and thcrcniier the same was subsiirulcd by s. 27 of the Calculta
Improvcmsnr (Alnendrnent) Act. I983 (West Hen. ACLXLlI OF 1983).
*~ubsiitu~zdlor clauscs Jo) and ( b ) by s. 74(u)(ii) of the Calcutla lmprovrmcn~
(A~nzndrnent)Acl. 1955 (WCSI Hcn. Act X X X l l of 19.551.
 LatestLaws.com

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
-

. ~ md (blrb) werc instfled by s. 9 of thc Calc~llik Impmvcrnent

' ~ l a u s c (bb)
(A~rwndn~cnt) Acr. 1915 (Ben. Acr 111 of 1915).
'lnsrnrd by s, 74(ulliii) or thc Calcutta Inrprovcrncn~ (Amendrncnt) Act. 1955
(Wcst Bcn. XXXll or 1955).
3 ~ u b s ~ i l u ~Car
e d the words "rhc ahresaid declaration was published" by s.
74(cNiv), ibid-
 LatestLaws.com

(The S r h e d ~ r l e . - P ( l m ~ ~ . c ~10.
p I ~IsI . )

dangerous to the health of the inmates, such overcrowding

shall bedisregarded, and the market-value shall be deemed
to be the market-value of the building i F occupied by such
number of persons only as could be accommodated in it
withou~risk of danger from overcrowding.".
10. For clause seve~~thly of sec~ion24 the Following shall be Amcnd-
nwnr of
deemed to be substituted, name1y :- scc~ion24.
"seventl~ly,any outlay on additions or improvemenls to land
acquired, which was incurred aRer the date '[with reference
to which the markel-value is to be derermined], unless such
additions or improvemenrs were necessary for he mainte-
nance of any building in a proper s m e of repair.".
11. After section 24 the following shall bedeemed to be insened, Nrw secliun
namely :- 24A.
" 2 4 A . In determining the amount of compensation LO be awarded
Further
provisions For any land acquired For the I3oard under this Act, the Tribunal shall
for dztur- also have regard to the following provisions, namely :-
mining
cornpr nsa- (11 when any in~erestin any land acquired under this Act has been
tion. acquired after the date 2[wilh reference to which ihe market-value is
LO be delerminedj, no separate es~imate of the value of such interest
shall be made so as to increase the amount of compensation to be paid
for such land ;
(2) if, in theopinion of theTribunal, any building is in adefective
slate, from a sanitary point of view, or is not in a reasonably good state
of repair, the amount ofcompensation shall not exceed the sum which
the Tribunal considers the building would be worth if ir were put into
a sanitary condirion nr inro a reasonably good state of repair, as the
~ puuing it into such condition
case may be, tninrrs theesrimared c o s of
or state' ;
(3) it; in rhe opinion of rhe Tribunal, any building, which is used
or is intended or is likely to be used for human habilation, is not
reasonably capable of being made fir for human habitalion, the
ilmount of compensation shall nolexceed the value of the rnaterialsof
the building, riiirrrrs Ihc cost of demolishing the building.
3(4)If any rank in any area comprised wi~hina scheme framed by
Srn. Acr V the Board and pub1ished under section 44 of the Calcu~taImprovzment
af 1911. Act, 191 1 , is, on account of accumulation of til~h,rubbish or putrid
'~ubs~irutcd for tllc words "of 111cpublicntion or the declaration undcr scction 6
by s. 74d) o f rhc Calcutta l~nprovcnlcn~ (Anrmdmcn!) ACI. 1955 (Wcsr Bcn. Act
X X X l l o f 1955).
2~ubstiturcdTor thc words "or thu publicn~ionof !he JccIaniion undcr sccrion 6"
by s, 74(c)(i), ;bid,
'Clause (4) was added by s. 74(rj(ii).;bill.
 LatestLaws.com

(Tile Scl1edt11e.-Pnrugrophs 12, 12A. 13 und 14.)

[Ben. Act V of 1911.1
1
matteroro~rhzpercolatinnof foul watcr t'rum the kitchen. caun-yard,
v. privy or urinal, or fnr any other cause, in an unhygienic condition or
contains water which is discoluurcd or m:~lodorousorunlit for use for
dornes~icpurposes. ur is a source ot' nuisance ur disease, then
notwithstanding anything cflntained in any law for the time being in
force, the Tribuna! shall in de~erminingthe amount of compensation,
make such deducliot~From the market-value of the tank according to
irs present disposition ;IS will. in their opinion, be a reasonable set-off
against [he cost to society In unhealthiness, disease and discomfort
caused by the tank being kept in such an unhygienic or insanitary
condition.
12. [Rep. s. 2 oftl~rCnlcrrrra It~rprovemertt(Alnerrdtnet~r) Acr,
1922 (Bert. Acr I of JY22J.1
Amend-
nlcni of ' 1 2 ~ .Su b-section (2) of section 27 shall be deemed to be ornirtzd.
section 27.
Ncw section 213.After section 48. he follow in^ seclion shall be inserted.
48A. namely :-
"Sccrion 48A. No compensation shall be payable in pursuance of section
48 not ro
apply in
48 when proceedings for acquisilion of land have been abandoned on I
ccrtaln the execution of an agreement or the acceptance of a payment, in i
cilscs." pursuance of sub-seclion {4) of seclion 78 of the Calculta Improve- Bcn. A ~ vI
OF 1911.
:
ment Act, 1911.". i

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.".

'parafrnpli 12A was insetled by s. 74m ul. Calculla lmprovzmtlnr (Amcndmenl)

Acl, 1955 IWcxt Bcn. Acl XXXll or 1955).
'Paragraph 13 was subslilu~cdTor the origina! paragrilph by s. 2 of the C~lculra
frnprovclnenl (Arncndnicnr) Act, 1976 (West Ben. Acr XXXVIlt of 1976).
Jhr~gnph I4 was instnvd by s. 74(/r)nf itit: Calculla l~nprovrmenr(A~ncndmenr]
Act. 1955 (Wcsl Bcn. Acr XXXII o r 1955). The original-paragraph 14 was rcpcalzd
bv 5. 15 oilhe Cnlculln Imnrtrvemcnr I A r n ~ n r l r n . ~ n rnrr
\ 1 0 1 1 (Ro-n A r r V f r l mr 107 I \