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[Cites 0, Cited by 8] [Entire Act]

State of West Bengal - Section

Section 440 in West Bengal Municipal Act, 1993

440. Penalties and punishments.

- Save as otherwise provided in this Act, whoever contravenes any provision of any of the sections, sub-sections, clauses or provisos, or any other provision of this Act as mentioned in column I of Schedule IV or fails to comply with any order or direction lawfully given to him or any requisition lawfully made to him under any of the aforesaid provisions, shall be punishable-(i)with fine which may extend to the amount, or with imprisonment for a term which may extend to the period, specified in that behalf in column 3 of the said Schedule or with both, and(ii)in the case of continuing contravention or failure, with an additional fine which may extend to the amount specified in column 4 of the said Schedule for everyday during which such contravention or failure continues after conviction upon first such contravention or failure.[441. Repeal and saving. - (1) With effect from the date of commencement of this Act, the Bengal Municipal Act, 1932 shall stand repealed.
(2)Notwithstanding such repeal, every Municipality, and every notified area authority. constituted under the Bengal Municipal Act, 1932, and in existence immediately before the commencement of this Act, shall, at the date of commencement of this Act, be deemed to have been constituted under this Act, and, in respect of such Municipality or notified area authority,-
(a)every Commissioner continuing in office as such immediately before the commencement of this Act shall be deemed to be a Councilor under this Act and shall hold office as such unless he vacates, or is removed from, his office, or a new Councilor is elected and assumes office under this Act, whichever is earlier;
(b)the Board of Commissioners shall be deemed to be the Board of Councilors under this Act;
(c)every Chairman continuing in office as such immediately before the commencement of this Act shall be deemed to be the Chairman under this Act;
(d)every Vice-Chairman continuing in office as such immediately before the commencement of this Act shall be deemed to be the Vice-Chairman under this Act;
(e)every resolution adopted, order passed, budget passed, loan taken, assessment made, building plan sanctioned, licence or permission or sanction granted or issued or any other similar action taken under the Bengal Municipal Act, 1932, and in force immediately before the commencement of this Act, shall be deemed to have been adopted, passed, taken, made, sanctioned, granted or issued under this Act and shall, unless altered, modified, cancelled, suspended, or withdrawn, as the case may be. under this Act. remain in force for the period, if any, for which it was so adopted, passed, taken, made, sanctioned, granted or issued;
(f)all properties, movable or immovable, all rights of whatever kind, used, enjoyed or possessed by, and all interest of whatever kind, owned by, or vested in, a Municipality as constituted under the Bengal Municipal Act. 1932, shall be deemed to be owned by, or vested in, the Municipality as constituted under this Act;
(g)all contracts made or liabilities incurred by a Municipality as constituted under the Bengal Municipal Act. 1932, and legally subsisting against such Municipality immediately before the commencement of this Act, shall pass on to the Municipality as constituted under this Act; and
(h)all officers or other employees appointed under the Bengal Municipal Act, 1932, and continuing in office immediately before the commencement of this Act shall be deemed to have been appointed under this Act.]
[Substituted by the West Bengal Act 30 of 1994, s. 31, w.e.f. 13.7.1994]
441. Repeal and savings.- (1) With effect from the date of coming into force of this Act, the Bengal Municipal Act, 1932 (Ben. Act XV of 1932), shall stand repealed -(2) Notwithstanding such repeal, -(a) Every budget passed, loan taken, assessment made, building plan sanctioned, licence or permission or sanction granted or any other similar action taken under the Bengal Municipal Act, 1932, and in force at the commencement of this Act, and shall be deemed to have been passed, taken, made, sanctioned, granted or issued under this Act and shall, unless altered, modified, cancelled, suspended, or withdrawn, as the case may be, under this Act, remain in force for the period, if any, for which it was so passed, taken, made, sanctioned, granted or issued;(b) all properties, movable or immovable, all rights or whatever kind, used, enjoyed or possessed by, and all interest of whatever kind, owned, by, or vested in a Municipality as constituted under the Bengal Municipal Act, 1932, shall, at the commencement of this Act, be deemed to be owned by, or vested in, the Municipality as constituted under this Act;(c) all contracts made or liabilities incurred by a Municipality as constituted under the Bengal Municipal Act, 1932, and legally subsisting against such Municipality as constituted under this Act; and(d) all officers or other employees appointed under the Bengal Municipal Act, 1932, and continuing in office immediately before the commencement of this Act shall be deemed to have been appointed.