10th April, 1962

 

An Act to amend the Bihar and Orissa Municipal Act, 1922, in its application to West Bengal. WHEREAS it is expedient to amend the Bihar and Orissa Municipal Act 1922, in its application to West Bengal, for the purpose and in the manner hereinafter appearing; It is hereby enacted as follows :

 

Section 1 Short title

 

This Act may be called the Bihar and Orissa Municipal (West Bengal Amendment) Act, 1962.

 

Section 2 Application of the Act

 

The Bihar and Orissa Municipal Act, 1922 (hereinafter referred to as the said Act), shall in its application to West Bengal, be amended for the purpose and in the manner hereinafter provided.

 

Section 3 Substitution of new section for section 130 of Bihar and Orissa Act 7 of 1922

 

For section 130 of the said Act, the following section shall be substituted, namely : "130. Power of Commissioners to bring suits in the event of failure to realise any tax as a public demand.

(1) In the event of failure to realise as a public demand the whole or any part of any tax the Commissioners may sue the person liable to pay the same in any court of competent jurisdiction.

 

(2) Notwithstanding any decision of any court to the contrary, any proceeding instituted in accordance with the provisions of sections 124 to 129B and pending on the date of commencement of the Bihar and Orissa Municipal (West Bengal Amendment) Act, 1962, may be continued after such commencement and any such proceeding, or any order made, anything done or any action taken therein, shall not, in any manner, be called in question merely on the ground that the Bihar and Orissa Municipal (West Bengal Amendment) Act, 1962, was not in force when such proceeding was instituted, such order was made, such thing was done or such action was taken."

 

Section 4 Repeal and savings

 

(1) The Bihar and Orissa Municipal (West Bengal Amendment) Ordinance (West Ben. Ord. 10 of 1961), 1961, is hereby repealed.

 

(2) Anything done or any action taken under the Bihar and Orissa Municipal Act, 1922, as amended by the said Ordinance shall be deemed to have been validly done or taken under the said Act as amended by this Act as if this Act had commenced on the 4th day of December, 1961.