Calcutta Metropolitan Development Authority Act, 1970
No: 17 Dated: Jul, 16 1972
THE CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY ACT, 1970
Act No. 17 of 1970
An Act to provide for the establishment of an authority for the formulation and execution of plans for the development of the Calcutta Metropolitan Area, for the coordination and supervision of the execution of such plans and for matters connected therewith or incidental thereto
In exercise of the powers conferred by section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1970, the President is pleased to enact as follows : —
CHAPTER I
PRELIMINARY
1. Short title and commencement:- (1) This Act may be called the Calcutta Metropolitan Development Authority Act, 1970.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions:- In this Act, unless the context otherwise requires,—
(a) "Calcutta Metropolitan Area" means the areas within the Calcutta Metropolitan District;
(b) "Calcutta Metropolitan District" means the area described as such in the Schedule to the Calcutta Metropolitan Planning Area (Use and Development of Land) Control Act, 1965 ;
(c) "prescribed" means prescribed by rules made under this Act by the State Government.
CHAPTER II
THE CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY
3. Establish. ment of the Calcutta Metropolitan Development Authority:- (1) As soon as may be after the commencement of this Act, the State Government shall, by notification in the Official Gazette, constitute, for the purposes of this Act, an authority to be called the Calcutta Metropolitan Development Authority (hereinafter referred tb as the Metropolitan Authority).
(2) The Metropolitan Authority shall be a body corporate with perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, and to contract, and may sue and be sued in its name.
4. Composition of the Metropolitan Authority:- (1) The Metropolitan Authority shall consist of the following members, namely : —
(a) the Chief Minister of the State of West Bengal, who shall be the Chairman thereof :
Provided that when there is no Council of Ministers functioning in the State of West Bengal, the State Government may nominate such person, as it may think fit, to be a member and the Chairman of the Metropolitan Authority;
(b) the Commissioner, Development and Planning Department of the Government of West Bengal, ea officio;
(c) the Commissioner, Town and Country Planning Branch of the Department of Development and Planning, Government of West Bengal, ex officio;
(d) the Financial Commissioner to the Government of West Bengal, ex officio; and
(e) not more than three other persons, to be nominated by the State Government, of whom—
(i) one shall be a Councillor of the Corporation of Calcutta, and
(ii) the other two shall be persons who have been elected as commissioners of any municipality within the Calcutta Metropolitan Area.
(2) The Chairman of the Metropolitan Authority shall discharge such functions and exercise such powers as may be prescribed.
(3) (a) The State Government may appoint one member, from amongst the members referred to in clauses (b), (a), (d) and (e) of sub-section (1), as the Vice-Chairman of the Metropolitan Authority.
(b) The Vice-Chairman shall discharge such functions and exercise such powers as may be delegated to him by the Chairman and shall, during the absence of 'the Chairman, perform the functions and exercise the powers of the Chairman.
(4) The members referred to in clause (e) of subsection (1) shall hold office for a feint of three years, computed from the date of their nomination by the State Government, and shall receive such allowances for attending the meetings of the Metropolitan Authority or any committee thereof, as may be prescribed :
Provided that every such member, on ceasing to be a Councillor of the Corporation of Calcutta or the commissioner of any municipality within the Calcutta Metropolitan Area, as the case may be, shall cease to hold office as such member notwithstanding that the said term of three years has not expired and the vacancy caused by such cesser shall be filled by the State Government by making a fresh nomination.
(5) No act or proceeding of the Metropolitan Authority shall be deemed to be invalid merely by reason of any vacancy in, or defect in the constitution of, that Authority.