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Section 5

CI Act

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Chapter IPreliminary

1Short title, commencement and extent
2Definitions

Chapter IIThe Board of Trustees

3Creation and incorporation of Board
4[ Constitution of the Board] [Section 4 substituted by W.B. Act 32 of 1955.]. - The Board shall consist of [twelve Trustees] [Words substituted and clause (cc) inserted by W.B. Act 42 of 1983.] namely:
4A[ [(Appointment of Trustees while the Corporation is superseded.)] [Section 4A first inserted by W.B. Act 22 of 1948. It was in force upto 31.3.50. as section 1(3) of that Act was amended by W.B. Act 17 of 1949.]: - omitted by W. B. Act 52 of 1950
5[(Appointment of Trustees)
6[(Ex-officio Trustee)
7[(Election of other Trustees)
8Appointment in default of election
9Disqualifications for being appointed or elected a trustee
10[ The Chairman to be a whole-time officer ordinarily] [Section 10 substituted by W.B. Act 22 of 1948.]. - While any person is holding the office of Chairman, he shall not hold any other salaried office and shall devote his whole time and attention to his duties under this Act:
11Remuneration of Chairman
12Leave of absence for deputation of the Chairman
13Appointment, etc., of acting Chairman
14Leave of absence to other Trustees
15Removal of Trustees
16Filling of casual vacancies in certain cases
17Term of office or Trustees
18Meetings of Board
19Temporary Association of Members with The Board for particular purposes
20Constitution and functions of Committees
21Meetings of Committees

Chapter III[Improvement Schemes] [The 'heading' substituted by W.B. Act 32 of 1955.]

35A[ Undertaking of works and incurring of expenditure for development of areas] [Sections 35A to 35C inserted by W.B. Act 32 of 1955.]. - The Board may, subject to the provisions of this Act, undertake any works and incur any expenditure for the improvement and development of any area to which this Act applies and for the framing and execution of such improvement schemes as may be necessary from time to time
35B[ Matters to be considered when framing improvement schemes] [Sections 35A to 35C inserted by W.B. Act 32 of 1955.]. - When framing an improvement scheme in respect of any area, regard shall be had to
35C[ Matters to be provided for in improvement schemes] [Sections 35A to 35C inserted by W.B. Act 32 of 1955.]. - (1) An improvement scheme may provide for all or any of the following matters, namely:
35D[ Types of improvement schemes] [Section 35D inserted by W.B. Act 32 of 1955.]. - An improvement scheme may be of one of the following types or a combination of any two or more of such types or of any special features thereof, that is to say
36[ When General Improvement Scheme may be framed] [This section substituted by W.B. Act 32 of 1955.]. - Whenever it appears to the Board, whether upon official representation made under section 37 or without such representation,
37Authority for making an official representation for a General Improvement Scheme
38Consideration of official representations
39When street scheme may be framed
39A[ Housing Accommodation Scheme] [Sections 39A, 39B and inserted by W. B. Act 32 of 1955.]. - Whenever the Board are of opinion that it is expedient and for the public advantage to provide housing accommodation for any class of persons in any area to which this Act applies, the Board may frame a scheme to be called a housing accommodation scheme, for the aforesaid purpose
39B[ Rehousing persons displaced by improvement schemes] [Sections 39A, 39B and inserted by W. B. Act 32 of 1955.]. - The Board may frame schemes (in this Act called rehousing schemes) for the construction, maintenance and management of such and so many dwellings, shops and other classes of accommodation as they may consider ought to be provided for persons who
39C[ Provisions to be made for the rehousing of Bustee Dwellers in the case of certain schemes] [Section 39C inserted by W. B. Act 32 of 1955.]. - (1) When a general improvement scheme mentioned in section 36 or a housing accommodation scheme mentioned in section 39A or a combination of both, is likely to involve displacement of persons dwelling in a bustee, provisions for rehousing such persons shall be made either in the same scheme or by another scheme and the scheme or schemes, as the case may be, together with a statement of the rent or rents proposed to be charged for such rehousing, shall be submitted to the State Government for its approval before any steps are taken under section 43
40[(Matters to be considered when framing improvement schemes.)
41[(Matters which must be provided for in improvement schemes.)
42[(Matters which may be provided for in improvement schemes.)
43Preparation, publication and transmission of notice as to improvement scheme, and supply of documents to applicants
44[ Transmission to Board of Representation by Corporation, Municipality or Authority] [Section 44 first substituted by SCHEDULE III to W. B. Act 13 of 1966. Then it was again substituted by W. B. Act 42 of 1983.]. - The Commissioner of the Corporation, the Chairman of any Municipality, the General Manager of the Calcutta Metropolitan Water and Sanitation Authority or the Chief Executive Officer of the Calcutta Metropolitan Development Authority, to whom a copy of the notice has been sent under clause (ii) of sub-section (2) of section 43 shall, within a period of sixty days from the date of receipt of the said copy, forward to the Board any representation which the Corporation, the Municipality or the Authority concerned, as the case may be, may think fit to make with regard to the scheme:
45Service of notice as to proposed acquisition of land or recovery of betterment fee
46Furnishing of copy of, or extracts from, the Municipal Assessment Book
47Abandonment of improvement scheme, or application to State Government to sanction it
48Power to sanction or reject improvement scheme

Chapter IVAcquisition and Disposal of Land

68Power to purchase or lease by agreement
69Power to acquire land under the Land Acquisition Act, 1894
70Tribunal to be constituted
71Modification of the Land Acquisition Act, 1894
72Constitution of Tribunal
73Remuneration of members of Tribunal
74Officers and servants of Tribunal
75Payments by Board on account of Tribunal
76Power to make rules for Tribunal
77Award of Tribunal how to be determined
77A[ Appeal. - (1) An appeal shall lie to the High Court from an award under this Chapter, in any of the following cases, namely] [Section 77A added by W. B. Act 32 of 1955.];
78Abandonment of Acquisition in consideration of special payment
78A[ Payment of betterment fee] [The heading and Sections 78A to 78C inserted by Ben. Act 8 of 1931.]. - (1) When by the making of any improvement scheme, any land in the area comprised in the scheme which is not 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 land or any person having an interest therein in respect of the increase in value of the land resulting from the execution of the scheme
78B[ Assessment of betterment fee by Board] [The heading and Sections 78A to 78C inserted by Ben. Act 8 of 1931.]. - (1) When it appears to the Board that an improvement scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Board shall by a resolution passed in this behalf declare that for the purpose of determining such fee the 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 to be assessed has been served under clause (t) of sub-section (1) of section 45 that the Board propose to assess the amount of the betterment fee payable in respect of such land under section 78A
78C[ Settlement of betterment fee by arbitrators] [The heading and Sections 78A to 78C inserted by Ben. Act 8 of 1931.]. - (1) For the determination of the matter referred to in sub-section (4) of section 78B, the [State Government] [Words substituted by the Adaptation of Laws Order, 1930.] shall constitute a penal of arbitrators consisting of two parts, the first part of which shall be composed of persons having special knowledge of the valuation of land and the second part of other suitable persons
78D[ Fees for arbitrators] [Sections 78D to 78G inserted by Ben Act 8 of 1931.]. - The Board shall pay to each arbitrator a fee to be determined by the [State Government] [Words substituted by W. B. Act 32 of 1955.] in respect of the whole of the scheme for which his services are utilized
78E[ Proceedings of arbitrators] [Sections 78D to 78G inserted by Ben Act 8 of 1931.].-Notwithstanding anything contained in any other enactment the proceedings of arbitrators under section 78C shall be governed by rules to be made in this behalf under section 137:
78F[ Board to give notice to persons liable to payment of betterment fee] [Sections 78D to 78G inserted by Ben Act 8 of 1931.].-When the amount of all betterment fees payable in respect of land in the area comprised in the scheme has been determined under section 78B or section 78C, as the case may be, the Board shall, by a notice in writing to be served on all persons liable to such payment, fix a date by which such payment shall be made, and interest, at the rate of [ten per cent, per annum] [Words substituted by W. B. Act 42 of 1983.] upon any amount outstanding shall be payable from that date
78G[ Agreement to make payment of betterment fee a charge on land] [Sections 78D to 78G inserted by Ben Act 8 of 1931.]. - (1) Any person liable to the payment of a betterment fee may, at his option, instead of making a payment thereof to the Board, execute an agreement with the Board to leave the said payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at the rate of [ten per cent per annum] [Words substituted by W. B. Act 42 of 1983.] the first annual payment of such interest to be made one year from the date referred to in section 78F
79Recovery of money payable in pursuance of sections 78, 78B, 78C or 78G

Chapter VTaxation

82[ Duty on certain transfers of immovable property] [Section 82 extended to E. B. by Ben. Act 1 of 1914.]. - (1) The duty imposed by the Indian Stamp Act, 1899, on instruments of sale, gift and usufructuary mortgage, respectively, of immovable property shall, in the case of instruments affecting immovable property situated in the Calcutta Municipality and executed on or after the commencement of this [Act] [See Notification no. 1148. dated the 30.10.1911.] be increased by two per centum on the value of the property so situated, or (in the case of an usufructuary mortgage) on the amount secured by the instrument, as set forth in the instrument
83Terminal Tax on passengers by Railway or Inland Steam-Vessel
84Customs duty on exports of jute from Calcutta by sea
85Section 5 of the Indian Tariff Act, 1934, not to apply to jute
86[ Power to State Government to make rules] [Section 86 extended to E. B. by Ben. Act 1 of 1914.]. - (1) The 68 [State Government] may make rules for carrying out the purposes of this chapter
86A[ Power to State Government to issue directions] [Section 86A inserted by W. B. Act 42 of 1983.]. - The State Government may, for the efficient administration of this Act or for such other reasons as it thinks fit, issue, from time to time, directions, not inconsistent with the provisions of this Act, to the Board and the Board shall carry out such directions
87Punishment for offences

Chapter VIFinance

88[(Contributions from Municipal Funds)
89Power of Board to borrow money
90(Manner and time of borrowing money)
91Loans from Banks
92Diversion of borrowed money to purposes other than those first approved
93Form signature, exchange, transfer and effect of debentures
94Signature of coupons attached to debentures
95Payments to survivors of joint payees
96Receipt by joint holder for interest of dividend
97Priority of payments for interest and repayment of loans
98Repayment of loans taken under section 89
99Establishment and maintenance of sinking funds
100Power to discontinue payments into sinking fund
101Investment of sinking funds
102Application of sinking funds
103Annual statements by trustees
104Annual examination of sinking funds
105Procedure if Board fail to make any payment or investment in respect of loans
106Procedure if Chairman of Corporation fails to make any payment due to Board or Accountant General
107Payments under section 105 to be a charge on the property of the Board

Chapter VIIRules

137Further powers to State Government for making rules
138Further powers to Board for making rules
139Conditions precedent to the making of rules under sections 86, 137 or 138
140Sanction of State Government required to rules made under section 138
141Publication of rules
142Printing and sale of copies of rules
143Exhibition of copies of rules
144Power, of State Government to cancel rules made under section 138

Chapter VIIISupplemental Provisions

1A[ New Section 6A. - After section 6, the following section shall be deemed to be inserted, namely] [Inserted by W. B. Act 32 of 1955.] :
1B[ In section 11, before the words "make an award under his hand" the words "after considering such evidence as may be adduced by the Board under sub-section (2) of section 50" shall be inserted] [Inserted by W.B. Act 32 of 1955.]
12A[ Amendment of section 27] [Para 12A inserted by W. B. Act 32 of 1955.]. - Sub-section (2) of section 27 shall be deemed to be omitted
145Trustees, etc., deemed public servants
146Contributions by Board towards leave-allowances and pensions of servants of the Government employed under this Act
147Power to extend the Calcutta Municipal Act, 1951, to areas, near Calcutta, to which provisions of the present Act have been extended
148Publication of notifications under sections 1(3) and 147(1) in draft, for criticism
149Powers of the Board for facilitating movement of the population
150Saving of Telegraph and Railways Acts
151Cognizance of offences
152Limitation of time for prosecution
153Power to hear care in absence of accused when summoned to appear
154Powers of Chairman as to institution, etc., of legal proceedings and obtaining legal advice
155Indemnity to Board, etc
156Notice of suit against Board, etc
157Corporation of the Police
158Arrest of offenders
159Proof of consent, etc., of Board or Chairman or officer or servant of Board
160Validation of acts and proceedings
161General power of Board to pay compensation

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CI Act 5Chapter II · The Board of Trustees

Section 5 · [(Appointment of Trustees)

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