THE KOLKATA MUNICIPAL CORPORATION (AMENDMENT) ACT, 2013.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 10th January, 2014.]
An Act to amend the Kolkata Municipal Corporation Act, 1980.
West Ben. Act LIX of 1980.
WHEREAS it is expedient to amend the Kolkata Municipal Corporation Act, 1980, for the purpose and in the manner hereinafter appearing;
It is hereby enacted in the Sixty-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows:—
Short title and commencement.
1. (1) This Act may be called the Kolkata Municipal Corporation (Amendment) Act, 2013.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
The Kolkata Municipal Corporation (Amendment) Act, 2013.
(Section 2.)
Amendment of section 11 of West Ben. Act LIX of 1980.
2. In section 11 of the Kolkata Municipal Corporation Act, 1980,—
(a) for sub-section (4), the following sub-section shall be substituted:—
“(4) The members of each Borough Committee shall elect, in accordance with such procedure as may be determined by regulations, one of its members to be the Chairman of the Borough Committee.”;
(b) after sub-section (4), the following sub-section shall be inserted:—
“(4A) In case of any casual vacancy in the office of the Chairman caused by death, resignation, removal or otherwise, the members shall, in accordance with such procedure as may be determined by regulations, elect one of the Councillors to fill up the vacancy.”;
(c) for sub-section (5), the following sub-section shall be substituted:—
“(5) The Chairman shall cease to hold office as such if he ceases to be a Councillor of the concerned ward forming part of the Borough Committee.”;
(d) after sub-section (5), the following sub-sections shall be inserted:—
“(5A) The Chairman may at any time resign his office by giving notice in writing to the Mayor and the resignation shall take effect from the date of its acceptance by Mayor.
(5B) The Chairman may be removed from office by a resolution carried by a majority of the total number of elected members of the Borough Committee holding office for the time being, present and voting by them, at a special meeting to be called for this purpose in the manner as may be determined by the Corporation by regulations upon a requisition made in writing by not less than one-third of the total number of the elected members of the Borough Committee, and the procedure for the conduct of business in the special meeting shall be such as may be determined by the Corporation by regulations:
Provided that no such resolution shall be moved before the expiry of six months from the date of assumption of office by a Chairman, and if such resolution is not carried by a majority of the total number of elected members, present and voting by them, no further resolution for such purpose shall be moved before the expiry of a period of six months from the date on which the former resolution was moved.”. |
