65. Vesting in Corporation 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 has been duly levelled, paved, metalled, flagged, channelled, severed and drained in the manner provided in the plan sanctioned by the State Government under section 48,(b)that such lamps, lamps-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 Corporation; and it shall be the duty of the Corporation within three months from the date of receipt of such report, after such inquiry as it thinks 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 Corporation and be maintained, kept in repair, lighted and cleared by the Corporation; or, if the Corporation is of opinion that certain works 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 work not included in the scheme as sanctioned by the State Government under section 48 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 not 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 Corporation to do so.[(2) As soon as the works required to be done by the Corporation as aforesaid are completed, the Board shall report the fact to the Corporation; and it shall be the duty of the Corporation 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 Corporation rates assessed on the lands comprised within such street shall cease].[(3) When any open space for purposes of ventilation or recreation has been provided by the Board in executing any improvement scheme, it shall, on completion, be transferred to the Corporation by resolution of the Board, and shall thereupon vest in, and be maintained at the expense of the Corporation]:Provided that the [Corporation of Calcutta] may require the Board before any such open space is so transferred, to enclose, level, turf, drain and lay out such space and provide footpaths therein, and, if necessary, to provide lamps and other apparatus for lighting it.[(4) If any difference of opinion arises between the Board and the] [Corporation of Calcutta] 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.
