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State of West Bengal - Section

Section 173 in New Town, Kolkata Development Authority Act, 2007

173. Power of the State Government to intervene in case of gross neglect or serious irregularity.

(1)If, in the opinion of the State Government, the Development Authority has shown gross neglect in the performance of the duties imposed upon it by or under this Act or any other law for the time being in force or has committed serious irregularities in the performance of such duties, the State Government may, by order, in writing, direct the Development Authority to show cause within such period as may be specified in the order why it shall not be dissolved on grounds of charges mentioned in the order.
(2)If the Development Authority fails to answer the charges within the period specified in the order or within such farther time as may be allowed by the State Government, or if the answer does not convince die State Government or where more than two-thirds of the total number of Members holding office for the time being have, for any reason, resigned, the State Government may dissolve the Development Authority by an order published in the Official Gazette with effect from the date of the order.
(3)When the order of dissolution has been passed, all die powers and functions vested in the Development Authority under this Act or any other law for the time being in force, shall be exercised by such person or persons to be designated as Administrator or Board of Administrators as the State Government may appoint for the purpose:Provided that the Administrator or the Board of Administrators shall continue for a period of six months only within which the Development Authority shall be reconstituted by die State Government.
(4)If any question arises as to what constitutes a gross neglect or serious irregularity under this section, the opinion of the State Government as recorded in writing in the order under sub-section (1) shall be final and conclusive and shall not be questioned in any court of law.