The corporation of calcutta ( temporary supersession ) act, 1948

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West Bengal Act VIII of 1948
THE CORPORATION OF CALCUTTA (TE,MPORARY
SUPERSESSION) AGT, 1948.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Calcutta Gazette,
Extraordinary, of the 23 d March, 1948.]
4n Act to provide for the temp orary supersession of' the
Corporation of Calcutta.
WHEREAS it is expedient to provide for the supersession of
the Corporation of Calcutta for a short period and for carry ­
ing on the administration of the affairs of the said Corpora­
tion during the period of such supersession;
It is hereby enacted as follows :-
1. (Z) This Act may be called the Corporation of Short title,
Calcutta (Temporary Supersession) Act, 1948. . oommenge.
· · ment an(2) It shall come into force un such date as the Provmcial duration.
Government may, by notification in the 0/fir:ial Gazette,appoint.
(3) It shall remain in force up to the &1st- dayo f-M arch, ­1949.
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LPrice- Indian, annas 2; Engli sh, 3d.
2. In this Act, unless there is anything repugnant in the Definitions.subject or context-
(a) "the Act" means the Calcutta Municipal Aet, 1923;and
(b) "the Corporation" means the Corporation of Calcutta
as constituted under the Calcutta Municipal Act, ~1928.
3. The Provincial Government may, if it so thinks f t, Superses­
by an order published in the Official Gazette, supersede the ggonof the
Corporation from such date and for such period as may be ti~~pora-
speci:fied in the order. ·
4. (1) When an order of supersession has been made Consequen.
under section 3, the following consequences shall ensue: - ces of
(a@) all the Councillors and Aldermen constituting th j,%}$,PoCorporation, all the members constituting the
Committees thereof and the Mayor and Deputy
Mayor of the Corporation shall, as from the date
of supersession, vacate their offices as such
Councillors, Aldermen, members of the Com­
mittees and Mayor and Deputy Mayor;
(b) all the powers, duties and functions which may,
under the provisions of the Act or any rule or by­
law made thereunder or of any other law for the
time being in force, be exercised and performed by
the Corporation or any Committee thereof or by
the Mayor or Deputy Mayor or by Councillors or
Aldermen shall, during the period of supersession,
be exercised and performed by such person (to be
called the Administrative Officer) as may be
appointed by the Provincial Government in thatbehalf;
Ben. Act
III o£1923.
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2 The Corporation of Calcutta (Temporary Supersession)
Act, 1948.
[West Ben. Act
(d)
Adminis -.
trative
O cer,
(Sections 5- 7.)
(c) 'all property vested in the Corporation shall, during
the period of supersession, vest in His Majesty for
the purposes of the Province; and
'during the period of supersession, the rates shall not
be mcreased and the supplementary taxation shall
not be imposed by the .Administrative Officer under •
sub-section (2) of section 96 of the Act except, with
the previoJ.1s approval of the Provincial Govern­ment.
(2)(a) Before the expiration of the period of supersession,
there shall be a fresh general election of Councillors and a
fresh election of Aldermen in conformity with the provisions
of the .Act and the persons who vacated their offices under
clause (a) of sub-section (1) shall not be deemed disqualifiedfor such elections.
() 0n the e::s:piration of the period of supersession, the
Corporation shall be reconstituted on the results of the
elections referred to in clause (a) in accordance with theprovisions of the c t.
5. (1) The Administratir e 0Ricer shall be deemed to be ·
a public servant within the meaning of section 21 ·of the ActXLV
Indian Penal •Code. of 1860•.
(2) The .Administrative Officer shall receive such monthly
salary not exceeding three thousand rupees and such monthly
allowances not e::s:ceeding in the .aggregate five .hundred
rupees as may be fixed by the Provincial Government.
. (3) The salary and allowances fixed under sub-section (2)
shall be paid from the Municipal Fund referred to in theAet.
trative
Officer.
The Exe- 6, Notwithstanding anything contained in the .Act, or
cutive an,y rule or by-law made thereunder, the e::s:ercise or discharge
Of6cer or by the Executive Officer or Deputy Executive Officer or Chief
"?}, Engineer or Chief Accountant or Health O cer or Ser eta
o..,'"of any powers, duties or functions vested in or imposed upon
etc., shan him by the provisions of the Act or any rule or by-law made
be subordi- thereunder shall, during the period of supersession under
1},k,"" section, 3, b e subject to control and revision My L eAdm11st ative Off er.
Power of
thePro­
vinciaJ
Govern.
ment to
vest the
Admin is­
trative
Officer
with addi­
tional
powers
and duties.
7. I addition to the powers, duties and functions con­
ferred and imposed on the Administrative Of er under clauses
() and (d) of sub-section (1) of section 4 and sectiof 6, ·the
Administrative Of cer shall, during the period of supersessio:ri
under section 3, also exercise and perform such other
powers and duties n d do such other acts as in the opinion
l:Jf' the Provincial Government are necessary in the interest
of the rate-payers of the Corporation and as the Provincial
Government. may by order or otherwise direct from time to
time notwithstanding·anything contained in the .Act or anyrule or byl aw made thereunder. -.

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The Corporation of Calcutta (Temporary Supersession) .3
Act, 1948.
VIII of 1948.]
(Sections 8, 9.)
8. The Administrative Officer shall not be liable in any Indemnity.
Court of law for anything done or purported to be doneunder this Act.
9. Without prejudice to the powers of the Provincial Power of
..'Government und_er section 7, the Provincial Government may t1?,e/ti°"by order authorise any matter or thing to be done which ; " ,,
appears to it necessary for the purpose of carrying on the ment
admin,istration of the affairs of the Corporation during the tomake
_period of supersession under section 3 or of reconstituting ortlerafm
the Corporation under sub-section (2) of section 4. li.: c~ty.
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;WBGP-48!9-1049A-2,500
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