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State of West Bengal - Section

Section 21 in West Bengal Municipal Act, 1993

21. Term of office of Vice-Chairman and other members of Chairman-in-Council.

-The Vice-Chairman or any other member of the Chairman-in-Council shall hold office until-(a)he ceases to be a Councilor, or(b)he resigns his office by writing under his hand addressed to the Chairman in which case the resignation shall take effect from the date of its acceptance, or(c)he is removed from office by a written order of the Chairman, or(d)[ a newly elected Chairman enters upon his office in the case of any casual vacancy in the office of the Chairman caused by death, resignation, removal or otherwise.] [Clause (d) substituted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000, for 'the Chairman ceases to hold office, or'.](e)[ * **] [[Clause (e) omitted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000, which stood as follows :'(e) in the case of the death of the Chairman, a newly elected Chairman enters upon his office.'.]][21A. Terms of office of Councilor. - A Councilor shall hold office for a period of five years from the date of the first meeting of the Board of Councilors under section 50B or for the period for which the new Board of Councilors referred to in the first proviso to sub-section (4) of section 431 shall continue thereunder or for the period for which a member chosen to fill a casual vacancy shall be chosen to serve under sub-section (2) of section 83 of the West Bengal Municipal Election Act, 1994, unless -(a)the Board of Councilors is dissolved earlier, or(b)he resigns his office by writing under his hand addressed to the Chairman and the resignation is accepted by the Board of Councilors at a meeting in which case the resignation shall take effect from the date of its acceptance, or(c)[ * * ] his election is void under sub-section (1) of section 31 of the West Bengal Municipal Elections Act, 1994, or(d)[ * * ] [The word'if' omitted by the W.B.Act 32 of 1997, w.e.f. 18.3.1998.] the entire area of the ward from which he has been elected is withdrawn from the operation of this Act under clause (a) of section 9, or is included in an existing Gram Panchayat, or is constituted one or more Gram Panchayats, under sub-section (1) of section 6A of the West Bengal Panchayat Act, 1973, (West Bengal Act XLI of 1973), [or is constituted a Municipal Arts, a Notified Area or an Industrial Township] [Inserted by section 6 of the W.B. Municipal (Amendment) Act, 2006, (West Bengal Act XX1I of 2006), w.e.f. 1.10.2006.](e)[ he is declared under section 21B to be disqualified for being a Councilor.] [Inserted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998.][21B. Disqualification for being a Councilor on change of political party by the Councilor. - (1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, such competent authority for a Municipality as may be appointed by the State Government by notification in this behalf (hereinafter referred to in this section as the competent authority), may. subject to the other provisions of this section, declare, for reasons to be recorded in writing, a Councilor of such Municipality to be disqualified for being a Councilor thereof, if -(a)he is an elected Councilor set up by a recognized political party and has -(i)voluntarily given up his membership of such recognized political party, or(iA)[ joined another recognized political party, or](ii)exercised the voting right contrary to the manner of voting of the majority of the Councilors who are the members of such recognized political party in such Municipality, or(b)he is an elected Councilor [not] [Inserted by the W.B. Municipal (Amendment) Act, 2000 (West Bengal Act 22 of 2000), w.e.f. 1.9.2000.] set up by a recognized political party and he has joined a recognized political party on the expiry of six months from the date of electionProvided that the competent authority shall not declare any Councilor to be disqualified under this section without giving to such Councilor a reasonable opportunity to represent his case and to be heard in person :Provided further that an elected Councilor referred to in [sub-clause (iA), or] [Inserted by ibid. w.e.f. 1 9.2000.] sub-clause (ii), of clause (a) shall not, on the competent authority being satisfied in this behalf, be declared to be disqualified, if -(a)the action of such Councilor was taken on obtaining prior permission of, or was condoned by, such recognized political party, or(b)such Councilor claims that he and any other Councilors, who are the members, of such recognized political party, constitute in the Municipality a group representing a faction consisting of not less than one-third of the total number of Councilors set up by such recognized political party in the Municipality and that all the Councilors constituting such group have voluntarily given up their membership of such recognized political party, or(c)the former recognized political party of the Councilor merges with another recognized political party, and he claims that he and the other members of his former recognized political party-(i)have become members of such other recognized political party or of a new recognized political party formed out of merger, as the case may be, or(ii)have not accepted the merger, and from the time of such merger, he and such other Councilors constituting not less than one-third of the total number of Councilors set up by the former recognized political party in the Municipality. have opted to remain members of the former recognized political party or have formed a new recognized political party.
(2)On being declared to be disqualified under sub-section (1), a Councilor shall, subject to the provisions of sub-section (12), stand removed from the Board of Councilors from the date of such declaration.
(3)As soon as may be within one month from the date of the first meeting of the Board of Councilors or within one month from the date on which this section comes into force, as the case may be, the elected Councilors set up by the recognized political parties shall, by adopting a resolution, select one Councilor from amongst themselves to be the leader and such leader shall, within fifteen days from the date of such selection, furnish to the competent authority referred to in sub-section (1)
(i)a copy of the resolution,
(ii)a signed statement containing the names, addresses and constituencies of himself and other Councilors set up by such recognized political party, and
(iii)a copy of a set of rules and regulations, if any, by whatever name called, of such recognized political party :
Provided that an office-bearer may also hold the office of the leader :Provided further that the competent authority shall not refuse to accept, or to rely on, the documents furnished by the leader merely on the ground that the resolution selecting the leader was not adopted within one month from the date of the first meeting of the Board of Councilors or within one month from the date on which this section comes into force, as the case may be, or that the documents as aforesaid were not furnished to him within fifteen days from the date of such selection.
(4)Where there is only one elected Councilor set up by a recognized political party in a Municipality, he shall furnish the documents referred to in sub-section (3) in relation to himself :Provided that in the event of any increase in the number of Councilors who are the members of such recognized political party, the provisions of sub-section (3) shall apply as if the first meeting of the Board of Councilors was held or this section came into force, as the case may be, on the date on which such increase took place.
(5)A Councilor not belonging to any recognized political party shall furnish a statement to that effect to the competent authority within one month from the date of the first meeting of the Board of Councilors.
(6)In the event of any change of the information furnished under sub-section (3), sub-section (4) or sub-section (5), the leader or the Councilor, as the case may be, shall, as soon as may be within fifteen days from the date of such change, furnish in writing such change of information to the competent authority.
(7)The leader referred to in sub-section (3), who is a member of a recognized political party, may at any time file a petition endorsed by the General Secretary, or if there is no General Secretary, the Secretary, of the district unit [or the Head of the district functionary in whatever designation he may be called] [Inserted by s. 2(1) of the West Bengal Municipal (Amendment) Act, 2003 (West Bengal Act 13 of 2003), w.e.f. 1.10.2003.] of such recognized political party to the competent authority, stating that-
(a)one or more Councilors who are the members of such recognized political party have-
(i)voluntarily given up his or their membership of such recognized political party, or
(iA)[ joined another recognized political party, on] [Clause (iA) inserted by West Bengal Act 22 of 2000, w.e.f. 1.9.2000.]
(ii)have exercised the voting right contrary to the manner of voting of the majority of the Councilors set up by such recognized political party in the Municipality, or
(b)the Councilor referred to in sub-section (4) has voluntarily given up his membership of the recognized political party that set him up, or
(c)the Councilor referred to in sub-section (5) has joined a recognized political party on the expiry of six months from the date of election, and that such Councilor or Councilors should be declared to be disqualified under sub-section (1) and should be removed from the Board of Councilors.
(8)Every petition referred to in sub-section (7)-
(a)shall contain a concise statement of the material facts on which the petitioner relies, and
(b)shall be accompanied by copies of the documentary evidence, if any, on which the petitioner relies and, where the petitioner relies on any information furnished to him by any person or persons, a statement containing the names and addresses of such person or persons and the gist of such information as furnished by such person or each of such persons.
(9)On receipt of the petition referred to in sub-section (7), the competent authority shall, as soon as possible within six weeks from the date of the receipt of such petition, proceed to make an enquiry to satisfy himself, among others, as to-
(a)the common decision in regard to the manner of voting to be exercised by the majority of the Councilors set up by the recognized political party, and
(b)whether the Councilor or Councilors, against whom such petition is filed, exercised the voting right in a meeting of the Board of Councilors contrary to such manner of voting.
(10)For the purpose of enquiry under sub-section (9), the competent authority may summon such members of the recognized political party or other persons, and may require such signed statement from and production of such documents and records by the members or other persons as aforesaid, as he may deem necessary.
(11)As soon as possible within eight weeks from the date of receipt of the petition referred to in sub-section (7), the competent authority shall, in consideration of the statements, documents and records before it,-
(a)reject the petition, or
(b)admit the petition wholly or in part and declare any member or members of such recognized political party to be disqualified under sub-section (1) for being Councilor or Councilors of the Municipality,
(12)Any Councilor declared disqualified under sub-section (1) or the leader of the recognized political party referred to in sub-section (7), if aggrieved by the decision of the competent authority, may, within thirty days from the date of the order, appeal to such authority as the State Government may appoint in this behalf and thereupon, the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the competent authority, and after giving the appellant and the opposite parties an opportunity of being heard, set aside or confirm the order or .declare any Councilor or Councilors to be disqualified under, and in accordance with the provisions of, sub-section (1) [within a period of eight weeks from the date of receipt of the appeal under this sub-section] [Inserted by s. 2(2) o the West Bengal Municipal (Amendment) Act, 2003 (West Bengal Act 13 of 2003), w.e.f. 1.10.2003.] and, upon such declaration, the Councilor or Councilors shall stand removed from the Board of Councilors.
(13)The order passed by the authority referred to in sub-section (12) on the appeal shall be final.
(14)Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, no Court shall have any jurisdiction in respect of any matter arising out of a Councilor of a Municipality being declared to be. disqualified under sub-section (1) for being a Councilor of such Municipality.Explanation. - For the purposes of this section, an elected Councilor shall be deemed to be set up by a recognized political party if he has contested election with the symbol reserved for such recognized political party or if he has contested election with a free symbol and joins a recognized political party and furnishes a declaration to that effect to the competent authority before the expiry of six months from the date of election.][21C. Leader of Opposition. - There shall be a leader of Opposition in a Municipality, who shall be a Councilor of the Municipality and who is, for the time being, the leader of the recognized political party in opposition in the Municipality having the greatest numerical strength and recognized as such by the Chairman :Provided that where there are two or more recognized political parties in opposition in the Municipality having the same numerical strength, the Chairman shall, having regard to the status of the recognized political parties, recognize any one of the leaders of such recognized political parties as the Leader of the Opposition, and such recognition shall be final and conclusive.] [Section 21C inserted by the West Bengal Act 22 of 2000, w.e.f. 1.9.2000.][22. Borough Committee. - (1) Every Municipality having a population of three lakhs or more, may, at its first meeting after the election of members thereto or as soon as may be thereafter, group the wards of the Municipality into five Boroughs so that each Borough consists of not less than six contiguous wards, and, constitute a Borough Committee for each Borough.
(2)Each Borough Committee shall consist of Councilors elected from the wards constituting the Borough.
(3)A member of the Borough Committee representing a constituent ward shall hold office till he ceases to be the Councilor representing such ward.
(4)The members of each Borough Committee shall elect from amongst themselves one member to be its Chairman who shall not be a member of the Chairman-in-Council.
(5)The Chairman of a Borough Committee may at any time resign his office by giving notice in writing to the Chairman of the Municipality, and the resignation shall take effect from the date of acceptance by the Chairman.
(6)A Borough Committee shall, subject to general supervision and control of the Chairman-in-Council, discharge within the local limits of the Borough such functions of the Municipality as the Municipality may require it to discharge..
(7)The manner of transaction of business of the Borough Committee shall be such as may be determined by the Municipality by regulations.] [Substituted by West Bengal Act XLV of 1994, w.e.f. 10.10.1994][Inserted by ibid. w.e.f. 18.3.1998.]
Prior to substitution the Section read as;22. Wards Committee.- (1) There shall be constituted Wards Committees, consisting of one or more wards within the territorial area of a Municipality having a population of three lakhs or more.(2) The composition and the territorial area of a Wards Committee, and the manner in which the seats in a Wards Committee shall be filled, shall be such as may be prescribed.(3) Where a Wards Committee consists of-(a) one ward, the member representing that ward in the Municipality; or(b) two or more wards, one of the members representing such wards in the Municipality elected by members of the Wards Committee, shall be the Chairperson of that Committee.'.">
[23. Ward Committee. - (1) Each ward of a Municipality [shall] [Substituted by the West Bengal Act 30 of 1994, w.e.f. 13.7.1994] [Inserted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995.] have a Ward Committee.[***] [[Proviso omitted by the West Bengal Act 32 of 1997, w.e.f. 18.3.1998, which stood as under :'Provided that where the territorial area of a Municipality has a population of three lakhs or above, that Municipality shall constitute a Ward Committee for each ward.'.]]
(2)The composition and the functions of the Ward Committee shall be such [as may be prescribed.] [Substituted by West Bengal Act 22 of 2000, w.e.f. 1.9.2000, for 'as the State Government may, by notification, determine.'.]
(3)The Councilor elected from a ward shall be the Chairperson of the Ward Committee for that ward.[Inserted by the West Bengal Act 13 of 1995, w.e.f. 5.9.1995.]
Prior to substitution the Section 23 read as;23. Borough Committee.- (1) There may be Borough Committees constituted in a Municipal area accordance with such rules as may be made by the State Government in this behalf.(2) The Borough Committees shall perform such functions and transact such business in such manner as may be prescribed."">
[23A. Area Sabha. - (1) There shall be an Area Sabha in every ward comprising of one or more polling booths and consisting of persons whose names are included in the part of the electoral roll of the polling booth concerned.
(2)The composition and function of Area Sabha shall be such as may be prescribed.] [Section 23A Inserted by section 2 of the West Bengal Municipal (Amendment) Act, 2009 (West Bengal Act III of 2009), w.e.f. 1.6.2009.][[23AA] [Ss. 23A, 23B and 23C Inserted by section 13 of the West Bengal Act 16 of 2002, w.e.f. 2.9.2002.]. Constitution of Standing Committee. - (1) At the first meeting of the Board of Councilors or at the meetings subsequent thereto, the Board of Councilors of every Municipality shall constitute the following Standing Committees :
(a)Finance and Resource Mobilisation Standing Committee;
(b)Solid Waste Management Standing Committee;
(c)Water Supply Standing Committee;
(d)Public Works Standing Committee;
(e)Health, Education and Urban Poverty Alleviation Standing Committee;
(f)Public Health and Sanitation Standing Committee
Provided that the Standing Committees, other than those mentioned above, may also be constituted by the Board of Councilors if they so think fit.
(2)Each Standing Committee shall consist of such number of Councilors, not being more than nine or less than three, as the Board of Councilors by a specific resolution determine and the number so determined shall be selected by the Board of Councilors from amongst themselves :Provided that no Councilor shall be a member of more than two Standing Committees and the Chairman or the Vice-Chairman shall not be a member of any Standing Committee constituted under this section but he may attend any meeting of any Standing Committee.
(3)The Board of Councilors at a meeting may, by resolution, associate with any Standing Committee such persons, not being Councilors and not exceeding one-half of the number of the Councilors in such Committee, and for such term as they may think fit. Any officer or other employee of the Municipality, and any officer of the State Government, having requisite expertise for development of civic services, municipal finance, and other areas related to municipal administration, as may be required by the Board of Councilors, may be associated with any Standing Committee constituted under this section.
(4)The Chairman shall nominate the President and the Vice-President of the Standing Committees constituted under this section. The term of the President and the Vice-President are coterminous to that of the Standing Committee concerned, unless removed. earlier from office by the Chairman.
(5)The President or, in his absence, the Vice-President shall convene and preside over the meetings of the concerned Standing Committee.
(6)Any casual vacancy in the office of a member of a Standing Committee shall be filled by the Board of Councilors in the manner as specified in subsection (2) or sub-section (3), as the case may be.