Section 403 in West Bengal Municipal Corporation Act, 2006
403. Cessation of application of.
(1)With effect from the date of commencement of this Act, the provisions of the West Bengal Panchayat Act, 1973, the West Bengal Municipal Act, 1993, the Siliguri Municipal Corporation Act, 1990, the Asansol Municipal Corporation Act, 1990, the Chandernagore Municipal Corporation Act, 1990, and the Durgapur Municipal Corporation Act, 1994, shall cease to apply to any area constituted, or deemed to have been constituted as a Corporation area under this Act and shall cease to be in force in such area.(2)Notwithstanding the provisions of sub-section (1), the Siliguri Municipal Corporation, or the Asansol Municipal Corporation, or the Chandernagore Municipal Corporation, or the Durgapur Municipal Corporation, constituted under the Siliguri Municipal Corporation Act, 1990, or the Asansol Municipal Corporation Act, 1990, or the Chandernagore Municipal Corporation Act, 1990, or the Durgapur Municipal Corporation Act, 1994, as the case may be, shall, with effect from the date of commencement of this Act, be deemed to have been constituted under this Act, and, in respect of every such Corporation,-(a)every Councillor continuing in office as such immediately before the commencement of this Act shall be deemed to be a Councillor under this Act and shall hold office as such Councillor for the unexpired portion of the term of office of the Councillor under any law in force immediately before the coming into force of this Act under which he was elected to be a Councillor or until he vacates, or is removed from, his office, or a new Councillor is elected and assumes office under this Act, whichever is earlier;(b)the Board of Councillors, if any, shall be deemed to be the Board of Councillors under this Act;(c)the Mayor, the Chairman, the Deputy Mayor, the Leader of the Opposition, the Municipal Accounts Committee, the Borough Committee, the Ward Committee, and the special committees, if any, continuing in office on the date immediately before the date of commencement of this Act shall be deemed to be the Mayor, the Chairman, the Deputy Mayor, the Leader of the Opposition, the Municipal Accounts Committee, the Borough Committee, the Ward Committee, and the special committees, if any, under this Act;(d)every budget passed, loan taken, assessment made, building plan sanctioned, licence or permission or sanction granted or issued, or any other similar action taken under the West Bengal Panchayat Act, 1973, or the West Bengal Municipal Act, 1993, or the Siliguri Municipal Corporation Act, 1990, or the Asansol Municipal Corporation Act, 1990, or the Chandernagore Municipal Corporation Act, 1990, or the Durgapur Municipal Corporation Act, 1994, and in force immediately before the commencement of this Act, shall, at the date of commencement of this Act, be deemed to have been passed, taken, made, sanctioned, granted or issued under this Act and shall, unless altered, modified, cancelled, suspended, or withdrawn, as the case may be, under this Act, remain in force for the period, if any, for which it was so passed, taken, made, sanctioned, granted or issued:(e)all properties, movable or immovable, and all rights and interest of whatever kind, owned by, or vested in, any Gram Panchayat, or Municipality, within the area of, or owned by, or vested in, the Siliguri Municipal Corporation or the Asansol Municipal Corporation or the Chandernagore Municipal Corporation or the Durgapur Municipal Corporation, as the case may be, under any law in force immediately before the commencement of this Act, be deemed to be owned by, or vested in, the Siliguri Municipal Corporation or the Asansol Municipal Corporation or the Chandernagore Municipal Corporation or the Durgapur Municipal Corporation, as the case may be. under this Act:(f)all contracts made, or liabilities incurred, by any Grant Panchayat, or Municipality, within the area of, or made, or incurred, by, the Siliguri Municipal Corporation or the Asansol Municipal Corporation or the Chandernagore Municipal Corporation or the Durgapur Municipal Corporation, as the case may be, and legally subsisting against such Grant Panchayat or Municipality or the Siliguri Municipal Corporation or the Asansol Municipal Corporation or the Chandernagore Municipal Corporation or the Durgapur Municipal Corporation, as the case may be, immediately before the commencement of this Act, shall, at the date of commencement of this Act, pass on to the Siliguri Municipal Corporation or the Asansol Municipal Corporation or the Chandernagore Municipal Corporation or the Durgapur Municipal Corporation, as the case may be; and(g)all officers and other employees appointed under the West Bengal Panchayat Act, 1973, or the West Bengal Municipal Act, 1993, or the Siliguri Municipal Corporation Act, 1990, or the Asansol Municipal Corporation Act, 1990, or the Chandernagore Municipal Corporation Act, 1990, or the Durgapur Municipal Corporation Act, 1994, as the case may be, and holding office on the date immediately before the date of commencement of this Act, shall, at the date of commencement of this Act, be deemed to have been appointed under this Act, and shall continue to hold office on the terms and conditions in force immediately before the commencement of this Act.
