Calcutta Metropolitan Development Authority Act, 1972
No: 11 Dated: May, 04 1972
THE CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY ACT, 1972
West Bengal Act XI of 1972
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 co-ordination and supervision of the execution of such plans and for matters connected therewith or incidental thereto ;
Whereas it is expedient 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 co-ordination and supervision of the execution of such plans and for matters connected therewith or incidental thereto ;
It is hereby enacted as follows:-
1. Short title. - This Act may be called the Calcutta Metropolitan Development Authority Act-. 1972.
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.
3. Establishment 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, and authority to be called the Calcutta Metropolitan Development Authority (hereinafter referred to 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 or any person nominated by him, 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 persons, as it may think fit, to be the two members and the Chairman and Vice-Chairman respectively of the Metropolitan-Authority;
(b) the Commissioner, Development and Planning Department of the Government of West Bengal, ex-officio;
(c) the Secretary to the Government of West Bengal Public Works (Metropolitan Development) Department, 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 to shall be persons who have been elected as commissioners of any municipality within the Calcutta Metropolitan Area:
Provided that when an order of supersession of the Corporation-of Calcutta has been made and is in force, it shall be competent for the State Government to nominate such person having experience or knowledge in the administration of local self-government to be a member of the Metropolitan Authority as the State Government thinks fit.
(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), (c), (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 sub-section (1) shall hold office for a term 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.
5. Meetings of the Metropolitan Authority. - (1) The Metropolitan Authority shall meet at such place and at such time, and shall observe such rules of procedure in regard to the transaction of business at its-meeting (including the quorum at its meetings) as may be prescribed.
(2) The Chairman of the Metropolitan Authority, or, if for any reason he is unable to attend any meeting, the Vice-Chairman, or, if for any reason both the Chairman and the Vice-Chairman are unable to attend any meeting, any other member of the Metropolitan Authority, elected by the members thereof present at the meeting, shall preside at the meeting.