431. Power of the State Government to intervene in case of gross neglect or serious irregularity.
(1)If, in the opinion of the State Government, the Board of Councilors has shown gross neglect in the performance of the duties imposed upon it by or under this Act or any other law for the time being in force, or has committed serious irregularities in the performance of such duties, the State Government may by order direct the Board of Councilors to show cause within the period specified in the order why it shall not be dissolved on grounds of charges mentioned in this order.(2)If the Board of Councilors fails to answer the charges within the period specified in the order or within such further time as may be allowed by the State Government, or if the answers do not convince the State Government, [or where more than two-thirds of the total number of Councilors holding office for the time being have, for any reason, resigned] [Inserted by the West Bengal Act XLV of 1994, w.e.f. 10.10.1994.]. the State Government may dissolve the Board of Councilors by an order published in the Official Gazette with effect from the date of the order.(3)When the order of dissolution has been passed, all the powers and functions vested upon the municipal authorities under this Act or any other law for the time being in force, shall be exercised by such person or persons to be designated as Administrator or Board of Administrators as the State Government may appoint for the purpose.(4)[A general election to the Municipality shall be held within six months of its dissolution] [Substituted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000 for 'The State Government shall hold a general election to the Municipality within six months of its dissolution and shall take steps'.] for the constitution of a new Board of Councilors immediately thereafter:][Provided that the new Board of Councilors shall continue only for the remainder of the period of which the dissolved Municipality would have continued had it not been so dissolved:Provided further that when the period for which the Board of Councilors would have continued is less than six months, it shall not be necessary to hold any elections for constituting a new Board of Councilors for such period.] [[Substituted by the West Bengal Act 30 of 1994, w.e.f. 13.7.1994 old section read as :'Provided that the period of six months as aforesaid may be extended by an order to be made by the State Government in this behalf by a further period, not exceeding six months, if circumstances considered unavoidable by the State Government and recorded in the order'.]](5)[***](6)***] [[Omitted by ibid, w.e.f. 13.7.1994, which were as under :'(5) If, in the opinion of the State Government, instead of an order of dissolution, the neglect or irregularity in the affairs of the Municipality can be remedied by temporary supersession, partial or total, the State Government may, by order and for reasons to be recorded in writing, take over the administration of the municipal area either entirely or in respect of specified departments or area of activities for a period not exceeding six months and appoint the Director of Local Bodies or such other authority as it deems fit to discharge the functions of the municipal authorities with regard to such department or area of activity or the Municipality at large in accordance with such procedure as may be prescribed :Provided that the State Government may by order extend the period of six months as aforesaid by a further period not exceeding six months, for reasons, to be recorded in the order.(6)On the expiry of the period of supersession, the Board of Councilors and the other municipal authorities shall be restored to their respective officers to enable them to complete their normal tenure in office for the rest of the term.]](7)If any question arises as to what constitutes a gross neglect or a serious irregularity under this section, the opinion of the State Government as recorded in writing in the order, under this section shall be final and conclusive and the same shall not be questioned in any court of law.[431A. Special provision in the case of prohibitory order from court. - Where, by reason of any order of a competent court, the Board of Councilors is unable to exercise the powers, or perform the duties, or discharge the functions, conferred or imposed on it by or under any provision of this Act or the rules or the regulations made thereunder, the State Government may appoint any authority, or any person or persons, to exercise the powers. or perform the duties, or discharge the functions, as the case may be, during the period of such inability, in such manner, and on such conditions, as the State Government may, by order, direct.] [Inserted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000.]
