Section 19 in West Bengal Town and Country (Planning and Development) Act, 1979
19. Composition of the [Kolkata] [Substituted by Section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act No. 18 of 2001) (w.r.e.f. 1.1.2001) for "Calcutta"] Metropolitan Development Authority.
- (1 ) The [Kolkata] [Substituted by Section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act No. 18 of 2001) (w.r.e.f. 1.1.2001) for "Calcutta"] Metropolitan Development Authority shall consist of the following members :(a)[ the Chief Minister of the State of West Bengal or any person nominated by him shall be the Chairman : [Clauses (a) and (aa) Substituted by Section 3(1) of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 2008 (West Bengal Act No. 10 of 2008) for existing clause (a), which read as under :(a) the Chief Minister of the State of West Bengal or any person nominated by him shall be the Chairman, and a Minister of the State of West Bengal to be nominated by the Chief Minister shall be the Vice-Chairman : Provided that when there is no Council of Ministers functioning in the State of West Bengal, the State Government shall nominate such persons, as it may think lit, to be the two members and the Chairman and Vice-Chairman respectively of the Kolkata Metropolitan Development Authority:,]Provided that when there is no Council of Minister functioning in the State of West Bengal, the State Government shall nominate such person, as it may think fit, to be the Chairman of the Kolkata Metropolitan Development Authority;(aa)one of the members of the Kolkata Metropolitan Development Authority, nominated by the Chief Minister of the State of West Bengal, shall be the Vice-Chairman;](b)the Chief Executive Officer of the [Kolkata] [Substituted by Section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act No. 18 of 2001) (w.r.e.f. 1.1.2001) for "Calcutta"] Metropolitan Development Authority, ex officio;(c)not more than three officers of the rank of Secretary to the State Government to be nominated by the State Government; and(d)[ [not more than eight persons] [Clause (d) Substituted by Section 3(a) of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1986 (West Bengal Act No. 23 of 1986), which was amended by Section 2 of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1981 (West Bengal Act No. 38 of 1981).] to be nominated by the State Government of whom -(i)two shall be Councillors or Aldermen of the [Kolkata] [Substituted by Section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act No. 18 of 2001) (w.r.e.f. 1.1.2001) for "Calcutta"] Municipal Corporation.(ii)one shall be a Councillor or Alderman of the [Howrah Municipal Corporation,] [Substituted by Section 3(2)(b), ibid for Howrah Municipal Corporation.](iii)[ three shall be Councillors of any Municipality within the Kolkata Metropolitan Area, [Sub-clauses (iii) and (iv) Substituted by ibid for existing sub-clause (iii), which read as under : (iii) two shall be Commissioner of any municipality within the Kolkata Metropolitan Area :](iv)two shall be the members of any Panchayat Samiti or Zilla Parishad within the Kolkata Metropolitan Area :]Provided that when an order of supersession of the [Kolkata] [Substituted by Section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act No. 18 of 2001) (w.r.e.f. 1.1.2001) for "Calcutta"] Municipal Corporation or the Howrah Municipal Corporation or the municipality, as the case may be, has been made and is in force, it shall be competent for the State Government to nominate, in place of the Councillors or Aldermen or Commissioners, as the case may be, such persons as have experience in or know-ledge of administration of local self-Government to be members of the [Kolkata] [Substituted by Section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act No. 18 of 2001) (w.r.e.f. 1.1.2001) for "Calcutta"] Metropolitan Development Authority :Provided further that on the revocation of the order of supersession as aforesaid, the members nominated under the first proviso shall, notwithstanding that the term of office of such members has not expired, cease to hold office and the vacancies shall be filled up in accordance with the provisions of clause (d)].(2)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.(3)The members referred to in clause (d) of sub-section (1) shall hold office for a term of three years from the date of their nomination by the State Government and shall receive such allowances for attending the meetings of the [Kolkata] [Substituted by Section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act No. 18 of 2001) (w.r.e.f. 1.1.2001) for "Calcutta"] Metropolitan Development Authority or any committee thereof as may be prescribed[Provided that every such member, on ceasing to be a Councillor or Alderman of the [Kolkata] [Proviso Substituted by Section 3(b) of the West Bengal Town and Country (Planning and Development) (Amendment) Act, 1986 (West Bengal Act No. 23 of 1986).] Municipal Corporation or the Howrah Municipal Corporation or Commissioner of a municipality within the [Kolkata] [Substituted by Section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act No. 18 of 2001) (w.r.e.f. 1.1.2001) for "Calcutta"] Metropolitan Area, as the case may be. shall, notwithstanding that the term of office of such member has not expired, cease to hold office and the vacancy shall be filled up in accordance with the provisions of clause (d) of sub-section (1).](4)No act or proceeding of the [Kolkata] [Substituted by Section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act No. 18 of 2001) (w.r.e.f. 1.1.2001) for "Calcutta"] Metropolitan Development Authority shall be deemed to be invalid merely by reason of any vacancy in, or defect, initial or subsequent. in the constitution of that Authority.
