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State of West Bengal - Section

Section 53 in The Asansol Municipal Corporation Act, 1990.

53. Power of the State Government to [dissolve] [Word substituted by W.B. Act 36 of 1994.] the Corporation. -

(1)If in the opinion of the State Government, the Corporation has shown its incompetence, or has persistently made default, in the performance of the duties or in the exercise of the functions imposed on it by or under this Act or any other law, or has exceeded or abused its powers, the State Government may, by an order published, with the reasons for making it, in the Official Gazette, declare the Corporation to be incompetent, or in default, or to have exceeded or abused its powers, as the case may be, [and dissolve it for such period, not exceeding six months,] [Words substituted by W.B. Act 36 of 1994.] as may be specified in the order:Provided that no such order shall be made by the State Government unless-
(a)a notice has been given to the Corporation specifying therein a period within which the Corporation may submit representation, if any, against the proposed order; and
(b)such representation has been considered by the State Government [after giving the Corporation a reasonable opportunity of being heard] [Words inserted by W.B. Act 36 of 1994.].
(2)[] [Sub-section (2) substituted by W.B. Act 36 of 1994.] Where the Corporation has been dissolved under sub-section (1), an election to constitute the Corporation shall be completed before the expiry of six months from the date of its dissolution:Provided that where the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election to constitute the Corporation for such period:Provided further that the Corporation constituted upon the dissolution thereof before the expiration of the term of office under section 40 shall continue only for remainder of the period for which the dissolved Corporation would have continued had it not been so dissolved.