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[Cites 0, Cited by 0] [Section 147] [Entire Act]

State of Bihar - Subsection

Section 147(2) in The Bihar and Orissa Local Self-Government Act, 1885

(2)
(a)all roads, bridges, channels, buildings and any other immovable property situated within the local area included in the new district or transferred to an existing district, which were held by or under the control of the District Board of the district from which such areas has been excluded or transferred; and
(b)such movable property and funds (including any unspent balance of Government grants) belonging to that District Board, as the State (Government may direct, shall be vested in, and be subject to the control and administration of the newly established District Board or, as the case may be, of the District Board of the district to which such local area has been transferred:
Provided that in making any direction under sub-clause (b) for the apportionment of funds among the newly established District Board and the District Boards affected by the creation of the new district, or by the transfer of any local area from one district to another, the State Government shall have due regard-
(i)in the case of the District Fund, to the population of the existing district and the population of the local area included in the new district or, as the case may be, transferred to another district;
(ii)in the case of the District Education Fund,-
(a)to the expenditure on any scheme under execution for the construction, maintenance and repairs of any building connected with schools for the maintenance and management of which the District Board is responsible under Section 62 or Section 63;
(b)to the expenditure during the financial year in which a new district is created or, as the case may be, any local area is transferred from one district to another, on contingencies as well as on the salaries of masters, assistant masters and other establishments of such schools; and
(c)to the population of the existing district and the population of the local areas included in the new district or, as the case may be transferred to another district.
Explanation. - For the purposes of sub-clause (b) of clause (2), population shall be calculated on the basis of population as ascertained at the census proceeding the creation of the new district, or as the case may be, the transference of any local area from one district to another.]The First Schedule(See Section 2)Repeal of Enactment
Number and year Subject Extent of Repeal
1 2 3
Bengal Act 9 of 1880 To amend and consolidate the law relating to rating for theconstruction, charge and maintenance of district communicationsand works of public utility and of State Public Works Sections 110 to 181 (both inclusive)Sections 182,clause (a), (b), (c), (e), (g)
The Second Schedule(See Section 2)Amendment of Enactment
Number and year Subject Extent of Amendment
1 2 3
Bengal Act 9 of 1880 To amend and consolidate the law relating to rating for theconstruction, charges and maintenance of district communicationsand works of public utility and of State Public Works In Section 4, the followingdefinitions shall be substituted for the definition of "theCommittee":-District Board.- "DistrictBoards," means the Board constituted under the provisionsof the Bengal Local Self-Government Act of 1885.District Fund.- "DistrictFund" means the fund formed under Section 52 of the BengalLocal Self-Government Act of 1885.In Section 9, the words "andtogether with other assets of such fund, shall be applied to thepurposes mentioned in Section[109] [Substituted for the figures (111) by Act 1 of 1908 Schedule - M.]" shall beomitted.The following section shall besubstituted for Section 38:-"38. Rate at which roadcess shall be levied how to be fixed.- The road cess foreach year shall be assessed and levied in each district asprovided in Section 6, and (subject to the maximum rate thatsection mentioned) at such rate as may be determined for suchyear by the District Board."In Section 40, omit the words "asprovided in Section 155."In Sections 82 and 83 the words "District Road Funds"and "District Road Fund" shall be substituted for thewords "Committees" and "Committee"respectively.
Bengal Act 9 of 1880 To amend and consolidate the law relating to rating for theconstruction, charges and maintenance of district communicationsand works of public utility and of State Public Works In Section 98, the words "DistrictRoad Fund" shall besubstitutedfor the words"District Road Committee."In Section 108, the words "andof all sums whatsoever which may be as the disposal of theDistrict Road Committee as hereinafter appointed" shall beomitted.The following new section shall besubstitutedfor Section 109 :-"109. Application ofDistrict Road Fund.- The District Road Fund of everydistrict shall be applicable to the following objects and in thefollowing order-Firstly.- To the paymentof the cost of establishments entertained and expenses incurredby the Collector under Section 91;Secondly.- To theindemnification of the Collector, with the sanction of theCommissioner, "for any other costs or damages which he mayhave incurred, or for which he may have become liable, in thecourse of the proceedings for the assessment and collection ofthe cesses under this Act.And the balance, after, payment ofsuch expenses, shall be credited to the District Fund of thedistrict and shall be applicable to the following objects, andin the following order, namely:-(a) the payment of any sums whichthe District Board may, under the Bengal Local Self-GovernmentAct of 1885, from time to time have undertaken to pay asinterest on loans, raised from expenditure on any of the objectsto which the District Road Fund is applicable, and the repaymentof such loans;(b) the payment of the percentagereferred to in clause;Thirdly, of Section 53 of the saidAct;(c) the payment of such of thesalaries, pensions, gratuities, grant, and percentages referredto in clauseFourthlyof the said section as are requiredfor members of establishments employed for improving the meansof communication within the district or between the district andother districts;(d) the payment of such of theexpenses referred to in clauseFifthlyof Section 53 ofthe said Act as are incurred in improving the means ofcommunication within the district, or between the district andother districts or in carrying out the provisions of Section 79of the said Act;(e) the payment of the expensesreferred to in clauseSeventhlyof Section 53 of the saidAct; and(f) the making of investments referred to clauseEightlyof the said Section 53.
[The Third Schedule] [Inserted by Bengal Act 40 of 1950.](See Section 86-V)Tax on Carriages
    Per yearRs.
(1) On everyfour-wheeled carriage drawn bytwohorses 20
(2) On everyfour-wheeled carriage drawn byonehorse or a pair of ponies underthirteenhands 10
(3) On everyfour-wheeled carriage 8
(4) On everyfour-wheeled carriage drawn byoneponyunderthirteenhands. 10
Explanation. - For the purposes of this Schedule, one hand is equal to four inches.