Section 40 in The Howrah Municipal Corporation Act, 1980
40. [ Term of office of Councillors. [[Section 40 substituted by W.B. Act 6 of 2001, which was earlier as under :-
'40. Term of office of Councillors. - (1) Subject to the provisions of section 83 of the West Bengal Municipal Elections Act, 1994 and section 40A of this Act, a Councillor shall hold office for a term of five years from the date appointed for the first meeting of the Corporation and no longer: Provided that a Councillor elected against a casual vacancy shall hold office for the unexpired portion of the term of office of the Councillor whose place he fills.(2)A Councillor may, at any time, by giving notice in writing to the Chairman, resign his office and such resignation shall take effect from such date as may be specified, in the notice, or if no such date is specified, from the date of its receipt by the Chairman.'.]]- A Councillor shall hold office for a period of five years from the date of the first meeting of the Corporation under section 45 or for the period for which the new Board referred to in the second proviso to sub-section (2) of section 53 shall continue thereunder or for the period for which a member chosen to fill a casual vacancy shall be chosen to serve under sub-section (2) of section 83 of the West Bengal Municipal Elections Act. 1994, unless -(a)the Board is dissolved earlier, or(b)he resigns his office by writing under his hand addressed to the Chairman and the resignation is accepted by the Board at a meeting in which case the resignation shall take effect from the date of its acceptance, or(c)his election is void under sub-section (1) of section 31 of the West Bengal Municipal Elections Act, 1994, or(d)the entire area of the ward from which he has been elected is withdrawn from the operation of this Act or is included in an existing Gram Panchayat, or is constituted in one or more Gram Panchayats, under sub-section (1) of section 6A of the West Bengal Panchayat Act, 1973, or(e)he is declared under section 40A to be disqualified for being a Councillor.]
