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State of West Bengal - Section

Section 4 in The Calcutta Metropolitan Development Authority Act, 1972

4. Composition of the Metropolitan Authority. -

(1)The Metropolitan Authority shall consist of the following members, namely:-
(a)the Chief Minister of the State of West Bengal or any person nominated by him, who shall be the Chairman thereof;
(aa)[ a Minister of the State of West Bengal to be nominated by the Chief Minister who shall be the Vice-Chairman :] [Clause (aa) substituted for proviso by W.B. Act. 24 of 1977.]
[Provided that when there is no Council of Ministers functioning in the State of West Bengal, the State Government may nominate such persons, as it may think fit, to be the two members and the Chairman and Vice-Chairman respectively of the Metropolitan-Authority;] [Proviso added by W.B. Act 24 of 1977.]
(aaa)[ the Chief Executive Officer of the Metropolitan Authority, ex officio;] [Clause (aaa) inserted by W.B. Act 24 of 1977.]
(b)the Commissioner, Development and Planning Department of the Government of West Bengal, ex-officio;
(c)[ the Secretary to the Government of West Bengal Public Works] [Clause (c) substituted by W.B. Act 24 of 1977.] (Metropolitan Development) Department, ex-officio;
(d)the Financial Commissioner to the Government of West Bengal, ex-officio; and
(e)not more than three other persons, to be nominated by the State Government, of whom-
(i)one shall be a Councillor of the Corporation of Calcutta, and
(ii)the other to shall be persons who have been elected as commissioners of any municipality within the Calcutta Metropolitan Area:
Provided that when an order of supersession of the Corporation-of Calcutta has been made and is in force, it shall be competent for the State Government to nominate such person having experience or knowledge in the administration of local self-government to be a member of the Metropolitan Authority as the State Government thinks fit.[* * * * * *] [Sub-section (2) omitted by W.B. Act 24 of 1977.]
(3)7[(a)* * * * * * *] [Clause (a) omitted by W.B. Act 24 of 1977.]
(b)The Vice-Chairman shall discharge such functions and exercise such powers as may be delegated to him by the Chairman and shall, during the absence of the Chairman, perform the functions and exercise the powers of the Chairman.
(4)The members referred to in clause (e) of sub-section (1) shall hold office for a term of three years, computed from the date of their nomination by the State Government, and shall receive such allowances for attending the meetings of the Metropolitan Authority or any committee thereof, as may be prescribed:Provided that every such member, on ceasing to be a Councillor of the Corporation of Calcutta or the commissioner of any municipality within the Calcutta Metropolitan Area, as the case may be, shall cease to hold office as such member notwithstanding that the said term of three years has not expired and the vacancy caused by such cesser shall be filled by the State Government by making a fresh nomination.
(5)No act or proceeding of the Metropolitan Authority shall be deemed to be invalid merely by reason of any vacancy in, or defect in the constitution of, that Authority.