Amendment status not verified — confirm the current text below against the official source.
(1) If, in the opinion of the State Government, the Corporation has shown its incompetence, or has persistently made default, in the performance of the duties or in the cxercise of ihe functions imposed on it by or under this Act or any other law for the time being in force, or 1ms exceeded or ahused its powers, the State Government may by an order published in the Official Gazette, and slating reason therefor, declare the Corporaiion to be incompetent or in default, or to have exceeded or abused its powers, as the case may be, and -[dissolve] it for such period nol exceeding '[six months] as may he specified in the order. (2) Before making any order under sub-section (I).— (a) a notice shall be given by the Stale Government lo the Corporation calling upon it to submit representation, if any. against lhe proposed order within such period as may be specified in the notice; (b) on recciptofsuch representation, if any. the Slale Government shall constitute a committee consisting of nol mnrc than five persons and shall forward the representation to lhe committee for its consideration and report wilhin such lime as the Slate Government may determine; and . (e) ihe Slale Government shall consider such representation J[and such report:] 'Provided lhal notwithstanding anything contained in subsection {]), no order of dissolution of the Corporation shall be made without giving the Corporation a reasonable opportunity of being heard. (3) The members of lite Commiliee referred lo in clausc (b) of subsection (2) shall be nominated by the Slate Government. 'The word wilhin [he square bracks Is. in the marginal note, was substituted for llic word "supersede" by s. 4( l-l)[uf the Wcsl Bengnl Municipal Corporaiion Laws (Third Amendment) Act. l'J'J-1 (West Bun Acl XXXVI or I TO-!). -The word within the square brackets was substituted for lhe ward '"supersede" by i.4(N)(b)(i). ibut. 'The ivortk within llic square brackets were substituted fur thi: words "twelve months" by s. 4(14)(b)(ii), ibid. 'Tlw words within the stjiiare brackets wure substituted forthe words "and sueh report." by i. 4( I4i(c)(i). ibid. 'Proviso whs ,-idded by s. 4( M)(c)('n). ibid. The Kolkata Municipal Corporation Act, 19S0. 630 LIX of 1980.] (I'art U.—Constitution and Government.—Chapter VII,— Control.—Section IIS.) (4) Notwithstanding anything contained in sub-section (I) or subsection (2). if, in the opinion of tltc Slate Government, the Mayor having lost the support of the majority of the members or the Corporation, lhe Corporalion is unable to function in accordance with the provisions of this Acl. the Stale Government may, by an order published in the Official Gazette, '[dissolve] lhe Corporation for such period noi exceeding '[six months] as may be specified in the order. !(5) Where lhe Corporation has been dissolved under sub-section (1), or suh- seclion (4). an election to constitute the Corporation shall be completed before the expiry of six months from lhe date of its dissolution: Provided that where the period for which the dissolved Corporation would have continued is less than six months, il shall not be necessary to bold any eleclion lo constitute the Corporation for such period: Provided further ihat the Corporalion constituted upon lhe dissolution thereof before the expiralion or the term of office under seciion 8 I shall continue only for the remainder of the period for which lhe dissolved Corporation would have continued bad il nol been so dissolved.