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State of West Bengal - Section

Section 184A in The Calcutta Metropolitan Development Authority Act, 1972

184A. Consequences of supersession.- (1) When an order of supersession has been made under section 184, then with effect from the date of the order-

(a)all Trustees of the Board and all members of other persons constituting committees shall vacate their respective offices;(b)all properties, funds and dues which are vested in or realisable by the Board and the Chairman, respectively, shall vest in and be realisable by the Calcutta Metropolitan Development Authority constituted under section 3 of the Calcutta Metropolitan Development Authority Act, 1972 (hereinafter referred to as the Metropolitan Authority);(c)all contracts and liabilities which are enforceable by or against the Board shall be enforceable by or against the Metropolitan Authority;(d)all the powers and duties which may, under the provisions of this or any other Act or any rule, regulation, bye-law, order or notification made thereunder, be exercised or performed by the Board, committee or the Chairman shall be exercised or performed by the Metropolitan Authority;(e)all legal proceedings instituted by or against the Board may be continued or enforced by or against the Metropolitan Authority;(f)all officers and other employees of the Board continuing in office immediately before the date of the order shall be deemed to be employed by the Metropolitan Authority on such terms and conditions not being less advantageous than what they were entitled to immediately before the said date.
(2)The State Government shall, before the expiration of the period of supersession, reconstitute the Board in accordance with the provisions of this Act.
(3)The State Government may make such incidental or consequential orders as may appear to it to be necessary for giving effect to the order made under sub-section (1) or (3) of section 184 or under sub-section (2) of this section.".C. Amendment to the Calcutta Metropolitan Water and Sanitation Authority Act, 1966(West Ben. Act XIII of 1966).After section 90, the following sections shall be inserted, namely:-"90A. Power of State Government to supersede the Authority.-
(1)If in the opinion of the State Government it is necessary so to do with a view to better co-ordination and speedier execution of development work and maintenance thereof the State Government may, by an order published in the Official Gazette and mentioning therein the reason for the order, supersede the Authority for such period as may be specified in the order.
(2)For the removal of doubts it is hereby declared that no notice whatsoever is required to be given to the Authority for submission of any representation before making any such order of supersession under subsection (1).
(3)The State Government may, if it considers necessary so to do, by order, extend or modify from time to time the period of supersession.