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State of West Bengal - Section

Section 184A in The Howrah Improvement Act, 1956

184A. [ Consequences of supersession. [[Sections 184 and 184A substituted for original section 184 by W.B. Act 11 of 1972 (as amended by W.B. Act 21 of 1974). Original section 184 was as under :-

'184. Ultimate dissolution of Board and transfer of their assets and liabilities to the Commissioners of Howrah Municipality. - (1) When all schemes sanctioned under this Act have been executed, or have been so far executed as to render the continued existence of the board, in the opinion of the State Government, unnecessary, the State Government may, by notification, declare that the Board shall be dissolved from such date as may be specified in this behalf in such notification: and the Board shall be deemed to be dissolved accordingly.
(2)From the said date -
(a)all properties, funds and dues which are vested in or realizable by the Board and the Chairman, respectively, shall vest in and be realizable by the Commissioners of the Howrah Municipality;
(b)all liabilities which are enforceable against the Board shall be enforceable only against the Commissioners of the Howrah Municipality;
(c)for the purpose of completing the execution of any scheme, sanctioned under this Act, which has not been fully executed by the Board, and of realizing properties, funds and dues referred to in clause (a), the functions of the Board and the Chairman under this Act shall be discharged by the Chairman of the Howrah Municipality; and
(d)the Commissioners of the Howrah Municipality shall keep separate accounts of all moneys respectively received and expended by them under this Act until all loans raised hereunder have been repaid, and until all other liabilities referred to in clause (b) have been duly met.'.]]
(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.]