West Bengal Development Corporation Act, 1954
No: 14 Dated: Apr, 20 1955
THE WEST BENGAL DEVELOPMENT CORPORATION ACT, 1954
West Bengal Act XIV of 1955
An Act to establish a Development Corporation for West Bengal.
Whereas it is expedient to provide for the establishment of a Development Corporation for West Bengal;
It is hereby enacted as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Development Corporation Act, 1954.
(2) It extends to the whole of West Bengal.
(3) 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 there is anything repugnant in the subject or context,-
(a) "the Corporation" means the Development Corporation established under section 3;
(b) "Board" means an Executive Board constituted under section 13;
(c) "prescribed" means prescribed by rules made under this Act.
3. Incorporation. - (1) The State Government may, by notification in the Official Gazette, establish a Development Corporation for West Bengal.
(2) The Corporation shall be a body corporate by the name notified under sub-section (1) and having perpetual succession and a common seal and shall by the said name sue and be sued.
4. Constitution of the Corporation. - (1) The Corporation shall consist of a Chairman and such number of other members, not exceeding ten, as the State Government may think fit to appoint.
(2) The State Government may, if it so thinks fit, appoint one of the other members as the Vice-Chairman of the Corporation.
(3) Rules made under this Act shall provide for the representation of the State Government in the Corporation and in the event of the capital of the Corporation being raised by the issue of shares to other parties, provision shall also be made for the representation of such share-holders in the Corporation and the manner in which the representatives shall be elected by such share-holders.
(4) The terms of office of, one the manner of filling casual vacancies among, the members of the Corporation shall be such as may be prescribed.
[4A. Disqualifications for membership. - A person shall be disqualified for being chosen as, and for being, a member of the Corporation-]
(a) if he is lunatic or a person of unsound mind, or
(b) if he has been adjudged insolvent, or
(c) if he has been convicted of an offence involving moral turpitude, or
(d) if he has directly or indirectly any interest in any subsisting contract made with or in any work being done for, the Corporation except as a share-holder (other than a Director) in an incorporated company, provided that where he is a share-holder, he shall disclose to the State Government the nature and extent of the shares held by him in such company, or
(e) if he has any financial interest in any of the schemes undertaken by the Corporation for execution, or
(f) if he is a member of Parliament or of any State Legislature.
5. Resignation of Chairman and members. - The Chairman or any other member of the Corporation may resign his office by giving notice in writing to the State Government and on such resignation being accepted by that Government, shall be deemed to have vacated his office.