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State of West Bengal - Section

Section 38 in The Calcutta Improvement Act, 1911

38. Consideration of official representations. -

(1)The Board shall consider every official representation made under section 37, and, if satisfied as to the truth thereof and to the sufficiency of their resources, shall decide whether a general improvement scheme to carry such representation into effect should be framed forthwith or not, and shall forthwith intimate their decision to the Corporation.
(2)If the Board decide that it is not necessary or expedient to frame a general improvement scheme forthwith, they shall inform the Corporation of the reasons for their decision.
(3)If the Board fail, for a period of twelve months after the receipt of any official representation made under section 37 to intimate their decision thereon to the Corporation,or if the Board intimate to the Corporation their decision that it is not necessary or expedient to frame a general improvement scheme forthwith, the Corporation may, if they think fit, refer the matter to the [State Government] [Words substituted by the Adaptation of Laws Order, 1950.].
(4)The [State Government] [Words substituted by the Adaptation of Laws Order, 1950.] shall consider every reference made to it under sub-section (3), and
(a)if it considers that the Board ought, under all the circumstances, to have passed a decision within the period mentioned in sub-section (3), shall direct the Board to pass a decision within such further period as the [State Government] [Words substituted by the Adaptation of Laws Order, 1950.] may think reasonable, or
(b)if it considers that it is, under all the circumstances, expedient that a scheme should forthwith be framed, shall direct the Board to proceed forthwith to frame a scheme.
(5)The Board shall comply with every direction given by the [State Government] [Words substituted by the Adaptation of Laws Order, 1950.] under sub-section (4).