West Ben. Act XII of 1993.

df55ae320b7c3cc6c9ac66b4d49c31d41a668db8 · 1993 · West Bengal

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Parent: The West Bengal Municipal Act, 1993 (f70e3dec0f9244e22d8749999ecde72abb792f56)

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West Ben. Act XII of 1993. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act XLV of 1994 THE WEST BENGAL MUNICIPAL (SECOND AMENDMENT) ACT, 1994. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 10th October, 1994.] [10th October, 1994.] An Act to amend the West Bengal Municipal Act, 1993. WHEREAS it is expedient to amend the West Bengal Municipal Act, 1993, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Forty-fifth Year of the Republic of India, by the Legislature of West Bengal, as follows:- (1) This Act may be called the West Bengal Municipal (Second Amendment) Act, 1994. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. In section 2 of the West Bengal Municipal Act, 1993 (hereinafter referred to as the principal Act),— after clause (15), the following clause shall be inserted:— '(15A) 'District Magistrate" means the District Magistrate referred to in sub-section (1) of section 20 of the Code of Criminal Procedure, 1973;'; in clause (19), the words and figures "under section 29" shall be omitted; clause (62A) shall be renumbered as clause (62B), and before clause (62B) as so renumbered, the following clause shall be inserted:— `(62A) "Sub-divisional Magistrate" means the Subdivisional Magistrate referred to in sub-section (4) of section 20 of the Code of Criminal Procedure, 1973;'. Short title and commencement. Amendment of section 2 of West Ben. Act XII of 1993. 2 of 1974. Amendment of section 8. Amendment of section 14. Amendment of section 15. Amendment of section 17. Substitution of new section for section 22. (Sections 3-7.) 3. In section 8 of the princip

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2 · of 1974.

3 · In section 8 of the principal Act, after the proviso, the following proviso shall be inserted:--

4 · In sub-section (1) of section 14 of the principal Act, after the words "a general election", the words "or by-election" shall be inserted.

5 · In sub-section (2) of section 15 of the principal Act, for the words "such oath of secrecy as may be prescribed.", the words, figures and letter "oath of secrecy under section 50A." shall be substituted.

7 · For section 22 of the principal Act, the following section shall be substituted:—

8 · To sub-section (1) of section 23 of the principal Act, the following proviso shall be added:—

9 · After section 50 of the principal Act, the following sections shall be inserted:—

10 · After section 51 of the principal Act, the following section shall be inserted:—

11 · For section 53 of the principal Act, the following section shall ofnew be substituted:— section for

13 · For section 60 of the principal Act, the following section shall be substituted:—

60 · Notwithstanding anything contained elsewhere in this Act, the State Government may appoint an officer of that Government possessing such qualifications as may be determined by it for a Municipality or group of

14 · After section 60 of the principal Act, the following section shall be inserted:—

15 · In section 61 of the principal Act, for sub-section (4), the following sub-sections shall be substituted:—

16 · In sub-clause (a) of clause (1) of section 64 of the principal Act, for the words "famine or scarcity,", the words "famine, flood or earthquake," shall be substituted.

17 · In clause (b) of sub-section (2) of section 87 of the principal Act, after the word "deficiency", the words "or defalcation" shall be inserted.

18 · After sub-section (2) of section 95 of the principal Act, the following sub-section shall be inserted:—

20 · For section 150 of the principal Act, the following section shall be substituted:—

21 · For sub-section (5) of section 151 of the principal Act, the following sub-section shall be substituted:—

22 · In sub-section (2) of section 198 of the principal Act, after clause (t), the following clause shall be inserted:—

23 · In section 393 of the principal Act, for the words "Municipal Secretary,", the word "Chairman," shall be substituted.

24 · In sub-section (4) of section 417 of the principal Act, for the words "before the Government", the words "before the commencement" shall be substituted.

25 · In section 425 of the principal Act,—

26 · In section 426 of the principal Act,—

27 · In sub-section (2) of section 431 of the principal Act, after the words "or if the answers do not convince the State Government", the words "or where more than two-thirds of the total number of Councillors holding office for the time being have, for any reason, resigned" shall be inserted.

28 · After section 435 of the principal Act, the following section shall be inserted:—

29 · Section 436 of the principal Act shall be omitted.