65. Vesting in[(Howrah Municipal Corporation or any Municipality of Howrah,) as the case may be,] [ Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.] of streets laid out or altered, and open spaces provided, by the Board under an improvement scheme.
(1)When the Board are of opinion -(a)that any street laid out or altered by them had been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the plan sanctioned by the State Government under section 50,(b)that such lamps, lamp-posts or other apparatus as are necessary for the lighting of such street have been provided, and(c)that water and other sanitary conveniences ordinarily provided in a municipality have been duly provided in such street,they shall report this fact to the [(Howrah Municipal Corporation or any Municipality of Howrah,) as the case may be,] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.] and it shall be the duty of the [(Howrah Municipal Corporation or any Municipality of Howrah,) as the case may be,] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.] within three months from the date of receipt of such report, after such inquiry as they think fit to make, either to declare the street to be a public street by written notice affixed in some conspicuous position in such street, whereupon such street shall vest in the [(Howrah Municipal Corporation or any Municipality of Howrah,) as the case may be,] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.] and be maintained, kept in repair, lighted and cleared by them; or, if the [(Howrah Municipal Corporation or any Municipality of Howrah,) as the case may be,] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.] are of opinion that certain works are required to be done before such declaration may be made, to require the Board to complete such works :Provided as follows :-(a)no engineering or accommodation works, not included in the scheme as sanctioned by the State Government under section 50, shall be required to be done by the Board except with the latter's consent as a condition of such transfer;(b)when certain works in connection with the street can be taken up only after a lapse of time to allow for consolidation of roads or the erection of buildings on both sides, the declaration shall not be put off till they are completed, but shall be made, within the time prescribed under this sub-section on the Board giving an undertaking that they shall complete the works when asked by the [(Howrah Municipal Corporation or any Municipality of Howrah,) as the case may be,] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.] to do so.(2)As soon as the works required to be done by the [(Howrah Municipal Corporation or any Municipality of Howrah,) as the case may be,] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.] as aforesaid are completed, the Board shall report the fact to them; and it shall be their duty to declare the street to be a public street by written notice affixed in some conspicuous position in such street within two months from the date of receipt of the report, on the expiry of which period the liability of the Board to maintain the street and the street lighting or to pay the municipal rates, if any, assessed on the lands comprised within such street shall cease.(3)When any open space, park, garden or lake has been provided by the Board in executing any improvement scheme, and the Board are of opinion that such open space, park, garden or lake should be transferred to the Commissioners of the Howrah Municipality, they may pass a resolution to that effect, and such open space, park, garden or lake shall thereupon vest in and be maintained at the expense of the [(Howrah Municipal Corporation or any Municipality of Howrah), as the case may be] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.]:Provided that the [(Howrah Municipal Corporation or any Municipality of Howrah), as the case may be,] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.] may require the Board, before any such open space, park, garden or lake is transferred, to enclose, level, drain and lay out such open space, park, garden or lake and provide footpaths therein and, if necessary, to provide lamps and other apparatus for lighting it;Provided further that no open space, park, garden or lake transferred to the [(Howrah Municipal Corporation or any Municipality of Howrah), as the case may be,] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.] shall be permanently closed or leased out for building purposes without the previous approval of the State Government.(4)If any difference of opinion arises between the Board and the [(Howrah Municipal Corporation or any Municipality of Howrah), as the case may be,] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.] in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the State Government whose decision shall be final :Provided that the State Government, in deciding a dispute regarding the taking over by the [(Howrah Municipal Corporation or any Municipality of Howrah), as the case may be,] [Words 'or the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or the Bally Municipality,' by W.B. Act 15 of 1995.] of a public, street, open space, park or garden provided by the Board, may [direct the Corporation or the Municipality, as the case may be,] [Words substituted for the words 'direct the Commissioners' by W.B. Act Act 15 of 1995.] to take it over within a specified date and [on the Corporation or the Municipality, as the case may be, failing] [Words substituted for the words 'on the Commissioners falling' by W.B. Act 15 of 1995.] to comply with the direction to pay to the Board the cost of its maintenance from the said specified date to the date on which it is taken over.
