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State of West Bengal - Section

Section 439 in West Bengal Municipal Act, 1993

439. Savings as to certain suits and proceedings.

- (1 ) Any suit or other legal proceeding instituted, or any action taken, which but for the passing of this Act would have been instituted or taken by or against any Municipality or other municipal authority under the Bengal Municipal Act, 1932 (Ben. Act XV of 1932), may be continued or instituted by the Municipality or the Board of Councilors, as the case may be, constituted or appointed under this Act.
(2)For the purposes of such suit or legal proceedings and of all matters incidental.thereto, the powers and the duties of the Commissioners or the Board of Commissioners under the Bengal Municipal Act, 1932, shag vest in the Board of Councilors constituted or appointed under this Act.
(3)Save as provided in sub-section (2), the procedure laid down in this Act shall be followed in all proceedings relating to a contravention of the provisions of the Bengal Municipal Act, 1932.