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State of West Bengal - Section

Section 64 in West Bengal Municipal Act, 1993

64. Discretionary functions of the Municipality.

- A Municipality may, at its discretion, provide, either wholly or partly, out of the municipal property and fund, for the following matters within the limits of the municipal area :
(1)in the sphere of public works, -
(a)giving relief to, and establishing and maintaining, in time of [famine, flood or earthquake] [Substituted by the West Bengal Act XLV of 1994. w.e.f. 10.10.1994, for 'famine and scarcity'.], relief works for, destitute persons within the limits of the municipal area;
(b)construction or maintenance of, or providing or giving aids for, passengers' sheds, libraries, museums, community halls, offices, godowns, shops, markets, dharmashalas, rest houses, sports complex, place of entertainment, swimming pools, public wash houses and bathing places and homes for the disabled and destitute and other public buildings designed for convenience of the community;
(c)construction and maintenance of old age homes and orphanages, domiciliary care of the sick, orphan, destitute and aged people;
(d)construction or maintenance of, or providing aids to, hospitals, dispensaries, asylums, rescue homes, maternity houses, and child welfare centres;
(e)construction, purchase, organization, maintenance, extension and management of mechanically propelled transport facilities for the conveyance of the public;
(f)construction, maintenance, repair, and purchase of any works for the supply of electrical energy or gas:
(g)construction of dwellings for the inhabitants, specially low-cost dwellings for the socially backward classes of citizens;
(h)providing accommodation for all classes of employees of the Municipality;
(2)in the sphere of education,-
(a)establishing and maintaining pre-primary schools such as balwadies and creches;
(b)promotion of civic education, adult education, social education, non-formal education and the like;
(c)promotion of cultural activities including music, physical education, sports and theatres;
(d)advancement of science and technology in the way of life;
(e)advancement of civic consciousness of public health and general welfare by organizing discourses, seminars and conferences;
(f)publication of municipal journals, periodicals and souvenirs, purchase of books and subscription to journals, magazines and newspapers;
(3)in the sphere of public health and sanitation,-
(a)construction and maintenance of cattle pounds;
(b)provision for unfiltered water-supply for non-domestic uses;
(c)promotion of the use of biogas and other non-conventional energy sources;
(d)provision for sewage treatment and preparation of compost manures from sewage and other refuse;
(e)abatement of smoke nuisances;
(f)setting up of milk dairies or farms (but not khatals) for supply, distribution and processing of milk or milk products for the benefit of the people;
(g)ambulance service for carrying patients;
(4)in the sphere of administration,-
(a)civic reception to persons of distinction and paying homage on death to persons of repute;
(b)installation of statues, portraits and pictures in appropriate manner;
(c)organization and management of fairs and exhibitions;
(d)organization, establishment and maintenance of art galleries and botanical or zoological collections;
(e)construction and maintenance of garages and sheds and stands for vehicles;
(f)measures for eradication of addiction of all kinds like liquors and drugs;
(g)organizing voluntary labour and co-ordinating the activities of voluntary agencies for community welfare;
(5)in the sphere of development,-
(a)encouraging formation of co-operative societies and, in particular, housing co-operative societies, and assistance to such co-operative societies in construction of residential buildings;
(b)providing shelter for the homeless;
(c)undertaking manufacturing of building materials and their distribution at fair prices;
(d)reclamation of waste lands and promotion of social forestry;
(e)establishing and maintaining nurseries for plants, vegetables and trees and promotion of greenery through mass participation ;
(f)organization of flower-shows and promotion of flower-growing as a civic culture;
(g)promotion of agriculture, pisciculture, horticulture, poultry and improvement of cattle breed;
(h)assistance to small-scale and cottage and craft industries;
(i)programme for liberation and rehabilitation of scavengers and their families;
(j)income-generating activities, particularly for the women belonging to the socially backward classes of citizens;
(k)collection of statistics and data significant to the community;
(l)integration of the development plans and schemes of the town with the district or regional development plan, if any;
(6)generally, taking all measures not specified in the foregoing provisions of this section, which are likely to promote public safety, health, convenience, education or welfare of the community.[64A. Citizens" Charter.-(1) The Board of Councilors shall publish a Citizens Charter containing the,-
(a)time limits within which civic services shall be provided and the licenses, certificates, under the provisions of this Act, shall be issued and the permissions, sanctions shall be granted, subject to the maximum time limit as determined in this Act, if any; and
(b)the civic services to be provided by the Municipality to the citizens.
Explanation. - For the purposes of this sub-section "civic services" shall include roads and streets, open spaces, parks, recreational grounds, play grounds, water and electric supply, street lighting, sewerage, drainage, and other utilities, services and conveniences.
(2)'The preparation and publication of Citizens' Charter shall be done in such manner as may be prescribed.] [Inserted by section 9 of the W.B. Municipal (Amendment) Act, 2006, (West Bengal Act 22 of 2006), w.e.f. 1.10.2006.][64B. Public Disclosure.-(1) Every Municipality shall publish,-
(a)the audited Financial Statements and Cash Flow Statement on a half yearly basis, within two months from the end of the second and fourth quarter of a year;
(b)financial statements for the full financial year, within three months from the date of completion of audit; and
(c)such other documents relating to development programmes of the Municipality as may be prescribed.
(2)The manner of publication under sub-section (1) shall be such as may be prescribed.] [Inserted by section 3 of the W.B. Municipal (Amendment) Act, 2009, (West Bengal Act III of 2009), w.e.f. 1.6.2009.]