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State of West Bengal - Section

Section 15 in West Bengal Municipal Act, 1993

15. Chairman-in-Council.

-[(1) There shall be Chairman-in-Council consisting of the Chairman, Vice-Chairman and other members not exceeding, in the case of a municipal area included in Group A, five, in the case of a municipal area included in Group B, four, in the case of a municipal area included in Group C, three :Provided that in respect of the municipal areas included in Group D and Group E, all the powers and functions vested with the Chairman-in-Council under this Act or under any other law, for the time being in force, shall be examined or performed, as the case may be, by the Chairman of the concerned Municipality.] [Substituted by section 6 of the West Bengal Act 16 of 2002, w.e.f. 2.9.2002, old section read as : '(1) There shall be Chairman-in-Council consisting of the Chairman, the Vice-Chairman and other members not exceeding, in the case of municipal area included in Group A, five, in the case of a municipal area included in Group B, four, in the case of a municipal area included in Group C, three, in the case of a municipal area included in Group D, two, and in the case of a municipal area included in Group E, one.'.]
(2)The Vice-Chairman and the other members referred to in sub-section (1) shall be nominated by 'the Chairman from amongst the Councilors of the Municipality [within a period of thirty days of his entering into office,] [Substituted by the W.B. Municipal (Amendment) Act, 2000 (West Bengal Act 22 of 2000), w.e.f. 1.9.2000 for 'as soon as possible after he enters into office] and shall assume office after taking [oath of secrecy under section 50A] [Substituted by the West Bengal Act XLV of 1991 w e.f. 10.10,1994 for 'such oath of secrecy as may be prescribed'.] :[Provided that the State Government may, on an application by the Chairman and for reasons to be recorded in writing, extend the period as aforesaid by such period not exceeding thirty days as the State Government may think fit.] [Proviso added by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000.]
(3)All executive powers of the Municipality shall vest in the Chairman-in-Council.
(4)The manner of transaction of business of the Chairman-in-Council shall be such as may be prescribed.
(5)The Chairman-in-Council shall be collectively responsible to the Municipality.[16. Powers and functions of the Chairman.-(1) The Chairman shall be [Substituted by section 7 of the West Bengal Municipal (Amendment) Act, 2002 (West Bengal Act 16 of 2002), w.e.f. 15.9.2004.] [the executive head of the Municipality and the municipal administration shall be under his control] [Substituted by section 3 of the West Bengal Municipal (Amendment) Act, 2004 (West Bengal Act VIII of 2004), w.e.f. 15.9.2004, for the words 'the whole time functionary of the Municipality'.] and he shall exercise such powers and functions as conferred on him by or under this Act.
(2)The Chairman shall preside over the meeting of the Chairman-in-Council as well as Board of Councilors.
(3)The Chairman shall allocate the business among the members of the Chairman-in-Council in case of Group A, Group B and Group C Municipalities.
(4)The matters to be discussed at a meeting of the Chairman-in-Council as well as the Board of Councilors shall be prepared under the direction of the Chairman and shall be circulated to the members of the Chairman-in-Council as well as the Board of Councilors, as the cap may be, in such manner as the Chairman may determine.
(5)The Chairman shall, if he is of opinion that immediate execution of any work is necessary and the same ordinarily requires the approval of the Board of Councilors or the Chairman-in-Council, as the case may be, direct the execution of such workProvided that the Chairman shall report forthwith to the Board of Councilors or the Chairman-in-Council, as the case may be. the actions taken under this section and the reasons thereof.[***] [[Explanation omitted by section 3 of the West Bengal Municipal (Amendment) Act, 2004 (West Bengal Act VIII of 2004). w.e.f. 15.9.2004, which stood as follows:'Explanation.-The term 'whole time functionary of the Municipality' shall mean the period for which a Councilor holds office of the Chairman and he shall not hold any office of profit unless, he has obtained leave of absence from his place of employment, or he shall carry on or be associated with any business, profession or calling in such manner as shall interfere or likely to interfere with due exercise of his powers or due performance of his functions or due discharge of his duties.'.]][Substituted by the West Bengal Act 30 of 1994, w.e,f. 13.7.1994, for '(1) The Municipality established for a town shall mean the Board of Councilors consisting of such number of members as there are wards within the municipal areas, charged with the authority of municipal government of the town.'.]
Prior to substitution section 16 read as;16. Chairman.- (1) The Chairman shall be the executive head of the Municipality, and the municipal administration shall be under his control.(2) The Chairman shall allocate the business among the members of the Chairman-in-Council.(3) The Chairman shall preside over the meetings of the Chairman-in-Council as well as the Board of Councilors.(4) The Chairman may transact any business or make any order authorized by any law for the time being in force, unless it is otherwise expressly provided in such law :Provided that the Chairman shall not act in opposition to or in contravention of any decision of the Board of Councilors.