This Act provides the legal structure for the governance, administration, and development of municipal areas in West Bengal, excluding the Kolkata Municipal Corporation area (which is governed separately under the Kolkata Municipal Corporation Act, 1980).
Applicability:
Applies to all municipalities and notified areas in West Bengal (except Kolkata).
Covers municipalities, notified areas, and municipal corporations (excluding KMC).
Classification of Urban Local Bodies:
Municipalities: For smaller urban areas.
Municipal Corporations: For larger cities with greater population and infrastructure needs.
Notified Area Authorities: Transitional bodies for urbanizing regions.
Municipal Governance:
Headed by a Chairperson (for municipalities) or a Mayor (for corporations).
Elected body called the Municipal Board or Council responsible for decision-making.
Executive Officer/Commissioner handles administrative functions.
Elections and Representation:
Regular elections every 5 years.
Ward-based representation through elected Councillors.
Functions and Responsibilities:
Urban planning and land use regulation.
Water supply, sanitation, solid waste management.
Roads, street lighting, and drainage.
Public health and sanitation.
Education and social welfare.
Revenue and Finance:
Property tax, user fees, license fees, grants from state and central governments.
Budget preparation and financial audits are mandatory.
Public Participation:
Provisions for ward committees and citizen involvement.
Transparency through records and public grievance redressal.
State Oversight:
Urban Development and Municipal Affairs Department of West Bengal oversees implementation.
State Government has powers to issue directives, dissolve councils under specific conditions.
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The Act is organized into several parts and chapters, detailing the framework for municipal governance, administration, finance, taxation, and public services.
Definitions and Applicability: Establishes the scope of the Act, defining key terms and specifying its applicability across West Bengal, excluding areas governed by other municipal corporations.
Constitution of Municipal Areas: Outlines the criteria and process for declaring an area as a municipality or notified area.
Municipal Authorities: Details the composition and roles of municipal bodies, including the Board of Councillors, Chairperson, and Vice-Chairperson.
Election of Councillors: Provides guidelines for the electoral process, including the preparation of electoral rolls and conduct of elections.
Municipal Establishment: Describes the administrative machinery supporting municipal functions.
Powers and Functions: Enumerates the obligatory and discretionary functions of municipalities, such as urban planning, water supply, sanitation, and public health.
Municipal Fund: Specifies the creation and management of the municipal fund, including sources of income and permissible expenditures.
Municipal Property: Addresses the acquisition, maintenance, and disposal of municipal properties.
Budget, Accounts, and Audit: Mandates the preparation of annual budgets, maintenance of accounts, and auditing procedures.
Taxes and Fees: Empowers municipalities to levy various taxes, including property tax, profession tax, and fees for services.
Rating and Valuation: Provides methods for assessing the value of properties for taxation purposes.
Recovery of Taxes: Details the procedures for the collection and recovery of taxes, including penalties for non-payment.Legal Services India
Public Health: Covers measures for maintaining public health, including waste management and control of communicable diseases.
Water Supply and Drainage: Regulates the provision and maintenance of water supply and drainage systems.
Streets and Buildings: Sets standards for the construction and maintenance of streets and buildings to ensure safety and accessibility.
Disposal of the Dead: Provides regulations for the establishment and maintenance of cremation and burial grounds.
Notified Area: Describes the governance structure and functions of notified area authorities, which manage areas transitioning from rural to urban status.
Procedures: Outlines the procedural aspects of municipal administration.
Penalties: Specifies offenses and corresponding penalties for violations of municipal regulations.
Savings: Includes provisions to protect actions taken under previous laws before the enactment of this Act.
| L. N. Dutta The West Bengal Municipal Law |
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