Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 2] [Entire Act]

State of West Bengal - Section

Section 378 in West Bengal Municipal Act, 1993

378. Constitution of notified area.

(1)Whenever, in the opinion of the [Governor] [Substituted by the West Bengal Act 30 of 1994, w.e.f. 13.7.1994 for 'State Government'.], it is necessary to make provisions for all or any of the purposes of this Act in respect of -
(i)any urbanised area which does not fulfil the conditions for being immediately constituted a municipal area under this Act, or
(ii)any area which is comprised in a newly developing town, or
(iii)any area in which new industries have been or are being established, the [Governor] [Substituted by the West Bengal Act 30 of 1994, w.e.f. 13.7.1994 for 'State Government'.] may, by notification, specify such area and declare [his] [Substituted by West Bengal Act 30 of 1994 w.e.f. 13.7.1994 for ] intention so to do.
(2)Any inhabitant of the area in respect of which a notification has been published under sub-section (1) may, if he objects to the making of any provision as aforesaid, submit his objection in writing to the State Government within [thirty days] [Substituted 'three months' by Act No. 19 of 2015, dated 24.7.2015.] from the date of publication of the notification.
(3)The [Governor] may, after considering the objections, if any, received by [him] during the period referred to in sub-section (2), make an order-
(a)withdrawing the notification under sub-section (1), or
(b)constituting the area specified in the notification or any part thereof as a notified area for the purposes of this Chapter.
(4)The [Governor] may, by order made after declaration by notification of [his] intention so to do followed by the consideration of any objection thereto received within [thirty days] [Substituted 'three months' by Act No. 19 of 2015, dated 24.7.2015.] from the date of publication of the notification, add new areas to a notified area constituted under this section.[379. Application of provisions relating to Municipality to [Notified Area Authority] [Substituted by West Bengal Act 30 of 1994 w.e.f. 13.7.1994]. - Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, all the provisions of this Act, except the provisions of section 3, section 4, [section 5. section 6. and section 9,] [Substituted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000, for 'section 5 and section 6'.] which apply to a Municipality, shall also apply to a [notified area authority] [Inserted by the West Bengal Act 13 of 1995, w.r.e.f. 13.7.1994 for 'notified area'.].
Prior to substitution the Section read as;379. Power to apply enactments to, and constitute authority in, notified area.- (1) The State Government may, by order to be published in the Official Gazette,-'(a) extend to a notified area with such incidental or consequential modifications as the State Government may consider necessary for giving effect to the provisions of this Chapter-(i) any provisions of this Act which applies to a Municipality, or(ii) any rule or regulation in force in any Municipal area; and(b) appoint, for a notified area, a committee consisting of not less than five and not more than nine members, to be known as the Notified Area Authority, to carry out all or any of the purposes of this Chapter.(2) The State Government shall appoint a Chairman and may also appoint a Vice-Chairman from amongst the members of a Notified Area Authority referred to in clause (b) of sub-section (1).