Section 117 in The Calcutta Municipal Corporation Act, 1980
117. 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 for the time being in force, or has exceeded or abused its powers, the State Government may by an order published in the Official Gazette, and stating reason therefor, declare the Corporation to be incompetent or in default, or to have exceeded or abused its powers, as the case may be, and [dissolve] [Word substituted by W.B. Act 36 of 1994.] it for such period not exceeding [six months] [Words substituted by W.B. Act 36 of 1994.] as may be specified in the order.(2)Before making any order under sub-section (1),-(a)a notice shall be given by the State Government to the Corporation calling upon it to submit representation, if any, against the proposed order within such period as may be specified in the notice;(b)on receipt of such representation, if any, the State Government shall constitute a committee consisting of not more than five persons and shall forward the representation to the committee for its consideration and report within such time as the State Government may determine; and(c)the State Government shall consider such representation [and such report:] [Words substituted by W.B. Act 36 of 1994.][Provided that notwithstanding anything contained in sub-section (1), no order of dissolution of the Corporation shall be made without giving the Corporation a reasonable opportunity of being heard.] [Proviso inserted by W.B. Act 36 of 1994.](3)The members of the Committee referred to in clause (b) of sub-section (2) shall be nominated by the State Government.(4)Notwithstanding anything contained in sub-section (1) or sub-section (2), if, in the opinion of the State Government, the Mayor having lost the support of the majority of the members of the Corporation, the Corporation is unable to function in accordance with the provisions of this Act, the StateGovernment may, by an order published in the Official Gazette,[dissolve] [Word substituted by W.B. Act 36 of 1994.] the Corporation for such period not exceeding [six months] [Words substituted by W.B. Act 36 of 1994.] as may be specified in the order.(5)Where the Corporation has been dissolved under sub-section (1), or sub-section (4), 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 81 shall continue only for the remainder of the period for which the dissolved Corporation would have continued had it not been so dissolved.
