Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 9] [Entire Act]

State of West Bengal - Section

Section 14 in West Bengal Municipal Act, 1993

14. Constitution of Board of Councilors.

-[(1) The Councilors elected in general election or a by-election of a Municipality and the members nominated by the State Government under clause (b) of sub-section (1) of section 13 shall constitute the Board of Councilors.] [Substituted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995, for- '(1) The Councilors elected in a general election or a by-election of a Municipality shall constitute the Board of Councilors]
(2)[ The Board of Councilors, unless dissolved earlier, shall hold office for a period of five years from the date appointed for its first- meeting after the general election and no longer [Substituted by the West Bengal Act 30 of 1994, w.e.f. 13.7.1994, for- '(2) The Board of Councilors shall hold office for a period of five years from the date of its first meeting after the general election of which a quorum is present, unless dissolved or superseded earlier Provided that the Board of Councilors shall continue in mice till the next Board of Councilors assumes office, unless dissolved or superseded earlier.][***] [Proviso omitted by section 4 of the W.B. Municipal (Amendment) Act, 2006. (West Bengal Act 22 of 2006), w.e.f. 1.10.2006. Before omission stood as follows 'Provided that the Board of Councilors, unless dissolved earlier, shall continue in office till the next Board of Councilors assumes office.]
(3)[ In a newly constituted municipal area, all the powers or functions, vested with the municipal authorities under this Act or under any other law, for the time being in force, for the purpose of shaping up the municipal administration, shall be exercised or performed, as the case may be, by such person or persons to be designated as the Administrator or the Board of Administrators, as the State Government may, by notification, appoint for a period not exceeding six months :Provided that if, for any reason, it is not possible to hold the first general election of a newly constituted Municipality before expiry of the period of six months under this sub-section, the State Government may, by notification, extend the term of such Administrator or Board of Administrators, as the case may be, for a further period not exceeding six months. In the case of extension of the term of such Administrator of Board of Administrators, as the case may be, under this sub-section, all the 'powers and functions, vested with the municipal authorities under this Act or under any other law for the time being in force, shall be exercised or performed, as the case may be, by such Administrator or Board of Administrators in such extended term.] [Substituted by section 5 of the W.B. Municipal (Amendment) Act, 2002 (West Bengal Act VI of 2002), w.e.f. 2.9.2002, old section read as : '(3) In a municipal area newly constituted, the local authority having jurisdiction over such area immediately before such area was constituted a municipal area, shall continue to have jurisdiction and to perform its functions till such time, not exceeding six months from the date of the notification under section 6 or sub-section (3), or sub-section (4), of section 378, as the case may be, as may be necessary for holding elections.'.]
(4)If, for any reason, it is not possible to hold the general election of a Municipality before the expiry of the period of five years specified in sub-section (2), the Board of Councilors shall stand dissolved on the expiration of the said period [and all the powers or functions vested with the municipal authorities under this Act or under any other law for the time being in force shall be exercised or performed, as the case may be, by such person or persons to be designated as Administrator or Board of Administrators as the State Government may, by notification, appoint.] [Substituted by the W.B. Municipal (Amendment) Act, 2000 (West Bengal Act 22 of 2000), w.e.f. 1,9.20001 for 'and thereupon the provisions of section 431 shall apply mutatis mutandis.'.]