Section 5 in The Calcutta Metropolitan Water And Sanitation Authority Act, 1966
5. Board of Directors. -
(1)The Board of Directors mentioned in section 4 shall consist of six Directors, namely:-(a)three whole-time Directors appointed by the State Government by notification of whom one shall be an engineer with experience in public health engineering and another shall be a person with experience in financial administration, and(b)three Directors elected, in such manner as may be prescribed, by the General Council, of whom one shall be from amongst the members representing the Calcutta Corporation, another from amongst the members representing other municipal corporations and municipalities and the third one from amongst the members representing the Zilla Parishads, and the names of the persons so elected shall be published by the Chairman by notification : Provided that no member who is a Government servant shall take part or vote in the election of a Director by the General Council:Provided further that where all the members representing the Calcutta Corporation or the other municipal corporations and municipalities or the Zilla Parishads suffer from any disqualification under sub-section (4) or are unwilling to act as Directors, the General Council shall elect a Director from amongst the elected members of the Calcutta Corporation, elected members and commissioners of other municipal corporations and municipalities, or members of the Zilla Parishads, specified in Schedule II.(2)[(a) The Directors appointed under clause (a) of sub-section (1) shall hold office during the pleasure of the Governor :] [Clause (a) substituted By W. B. Act 13 of 1973.]Provided that a Director appointed before the commencement of the Calcutta Metropolitan Water and Sanitation Authority (Amendment) Ordinance, 1972, for any specified period shall hold office until the period for which he was so appointed expires.(b)The terms of office Directors elected under clause (b) of sub-section (1) shall be two years:Provided that a Director elected as a representative of a municipal corporation, municipality, or Zilla Parishad shall cease to hold office when he ceases to be such a representative.(3)The qualifications, remuneration and other conditions of service of Directors appointed under clause (a) of sub-section (1) and the fees for attendance at meetings of Directors elected under clause (b) of the said subsection shall be such as may be prescribed.(4)A person shall be disqualified for being appointed or elected, or for continuing as, a Director if he has, directly or indirectly, any interest in a subsisting contract made with, or in any work being done for, the Authority except as a shareholder (other than a director) in an incorporated company; provided that where he is a shareholders, he shall disclose to the State Government the nature and extent of shares held by him in such company.(5)The State Government shall appoint one of the Directors appointed under clause (a) of sub-section (1) as the Chairman whose duties and functions shall be such as may be prescribed.(6)(a)The Directors appointed under clause (a) of sub-section (1) shall, pending election of Directors by the General Council under clause (b) of the said sub-section, be competent to function as the Board and be deemed to be a duly constitute Board under this section.(b)If the General Council does not, by such time as may be prescribed in this behalf, elect a Director representing any body or group of bodies specified in clause (b) of sub-section (1), the State Government shall, by notification, appoint a date for such election and if the General Council fails to elect the Director by the appointed date, the State Government shall, by notification, appoint a Director from amongst the members representing such body or group of bodies, and in such case the provisions of the second proviso to clause (b) of sub-section (1) shall apply subject to the change therein that in place of the words "the General Council shall elect", the words "the State Government shall appoint" shall be read. Any person so appointed shall be deemed to be a Director as if he had been elected by the General Council.
