Bare ActsThe West Bengal Municipal Act, 1993

Section 431

Amendment status not verified — confirm the current text below against the official source.

(1) If, in the opinion of the State Government, the Board of Councillors has shown gross neglect in the performance of the duties imposed upon it by or under this Act or any other law for the time being in force, or has committed serious irregularities in the performance of such duties, the State Government may by order direct the Board of Councillors to show cause within the period specified in the order why it shall not be dissolved on grounds of charges mentioned in this order. (2) If the Board of Councillors fails to answer the charges within the period specified in the order or within such further time as may be allowed by the State Government, or if the answers do not convince the State Government, the State Government may dissolve the Boardof Councillors by an order published in the Official Gazette with effect from the date of ' the order. (3) When an order of dissolution has been passed, all the powers and functions vested upon the municipal authorities under this Act or any other law for the time being in force, shall be exercised by such person or persons to be designated as Administrator or Board of Administrators as the State Government may appoint for the purpose. 384 The West Bengal Municipal Act, 1993. XXII of 1993.] (Part X.—Powers, Procedures, Penalties and Savings.—Chapter XXVIIL— Delegation, Co-ordination and Control.—Sections 432, 433.) (4) The State Government shall hold a general election to the Municipality within six months of its dissolution and shall take steps for the constitution of a new Board of Councillors immediately thereafter: Provided that the period of six months as aforesaid may be extended by an order to be made by the State Government in this behalf by a further period, not exceeding six months, in circumstances considered unavoidable by the State Government and recorded in the order. (5) If, in the opinion of the State Government, instead of an order of dissolution, the neglect or irregularity in the affairs of the Municipality can be remedied by temporary supersession, partial or total, the State Government may, by order and for reasons to be recorded in writing, take over the administration of the municipal area either entirely or in respect of specified departments or area of activities for a period not exceeding six months and appoint the Director of Local Bodies or such other authority as it deems fit to discharge the functions of the municipal authorities with regard to such department or area of activity or the Municipality at large in accordance with such procedure as may be prescribed: Provided that the State Government may by order extend the period of six months as aforesaid by a further period, not exceeding six months, for reasons to be recorded in the order. (6) On the expiry of the period of supersession, the Board of Councillors and the other municipal authorities shall be restored to their respective offices to enable them to complete their normal tenure in office for the rest of the term. (7) If any question arises as to what constitutes a gross neglect or a serious irregularity under this section, the opinion of the State Government as recorded in writing in the order, under this section shall be final and conclusive and the same shall not be questioned in any court of law.

Section 431 – The West Bengal Municipal Act, 1993 | DailyLaw.ai