(1)The Board shall consider every official representation made under section 38 and, if satisfied as to the correctness thereof and to the sufficiency of their resources, shall decide whether a general improvement scheme to carry such representation into effect should be framed forthwith or not, and shall forthwith intimate their decision to the [(Councillors of the Howrah Municipal Corporation or of any Municipality of Howrah,) as the case may be] [Words 'or of the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or of the Bally Municipality,' by W.B. Act 15 of 1995.],(2)If the Board decide that it is not necessary or expedient to frame a general improvement scheme forthwith, they shall inform the [(Councillors of the Howrah Municipal Corporation or of any Municipality of Howrah,) as the case may be] [Words 'or of the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or of the Bally Municipality,' by W.B. Act 15 of 1995.] of the reasons for their decision.(3)If the Board fails, for a period of six months after the receipt of any official representation made under section 38 to intimate their decision thereon to the [(Councillors of the Howrah Municipal Corporation or of any Municipality of Howrah,) as the case may be] [Words 'or of the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or of the Bally Municipality,' by W.B. Act 15 of 1995.] or if the Board intimate to the [(Councillors of the Howrah Municipal Corporation or of any Municipality of Howrah,) as the case may be] [Words 'or of the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within first brackets substituted for the words 'Commissioners of the Howrah Municipality or of the Bally Municipality,' by W.B. Act 15 of 1995.] their decision that it is not necessary or expedient to frame a general improvement scheme forthwith, the [(Councillors of the Howrah Municipal Corporation or of any Municipality of Howrah,) as the case may be] [Words 'or of the Bally Municipality, as the case may be,' first inserted by W.B. Act 43 of 1983, then the words within the first brackets substituted for the words 'Commissioners of the Howrah Municipality or of the Bally Municipality,' by W.B. Act 15 of 1995.] may, if they think fit, refer the matter to the State Government.(4)The State Government shall consider every reference made to it under sub-section (3), and(a)if it considers that the Board ought, under all the circumstances, to have passed a decision within the period mentioned in sub-section (3), shall direct the Board to pass a decision within such further period as it may think reasonable, or(b)if it considers that it is, under all the circumstances, expedient that a scheme should forthwith be framed, shall direct the Board to proceed forthwith to frame a scheme.(5)The Board shall comply with every direction given by the State Government under sub-section (4).
