(1) The prescribed authority may refuse registration for enlistment of contractors under this Act on any of the following grounds, namely :—
(a) (i) If any person, who has applied for registration, is convicted of any offence punishable under any of the provisions of this Act or the rules made thereunder or theft, robbery, murder and sentenced ;
Refusal to register.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 6, 2006 315 Constitution of Advisory Board.
The West Bengal Public Works Contractors (Regulation and Control) Act, 2006.
(Chapter 11.— Registration.—Sections 6-8.—Chapter 1 1 I—Appeal.-- Section 9.)
(ii) Notwithstanding anything contained in section 5(1)(a)(i) the person convicted of any offence is punishaable under any law of the land and six months have not elapsed since the termination of the sentence imposed upon him ;
(b) if any person has been declared an insolvent by a court of competent jurisdiction and six months have not elapsed since he has been discharged
(c) if the name of any person has been removed from the register under clause (c) of section 7 and six months have not elapsed since he has been discharged ;
(d) if the person does not hold a license or certificate required under any other law for the time being in force ;
(e) if any person dose not fulfil the qualifications required for registration.
(2) No application for registration shall be refused, unless the person applying for registration has been given a reasonable opportunity of being heard.
6. (I) The State Government may, by notification in the Official Gazette, constitute an Advisory Board. for judging the suitability for registration of person under this Act.
(2) The Advisory board shall, constituted under sub-section (1), consist of a Chairperson who shall be the Engineer-in-Chief of Government of West Bengal, two members from Senior Engineers and two members from Senior non-technical Officers below the rank of Secretary from the Public Works Department :
Provided that the State Government may, by order, appoint the Chairperson and other four members under this section.
(3) The Advisory Board shall recommend the names of the persons, to be registered under this Act, to the prescribed authority.
(4) The State Government may, by order—
(a) specify the further duties of, and regulate the procedure, of the Advisory Board ;
(b) determine the tenure of office of the members of the Advisory Board; and
(c) give directions as to the payment of fees to, and the travelling expenses incurred by, any member of the Advisory Board in the performance of his duty.
Removal of name 7. The prescribed authority may, by order in writing, remove the name of any person from register.
from the registrer and cancel its certificate of registration on any of the following grounds, namely :—
(a) if the person ceases to deal with the public works for a prescribed period;
(b) if the person is convicted of an offence punishable under any of the provisions of this Act or the rules made thereunder or of any offence punishable under any law of the land;
(c) if the person is declared an insolvent by a court of competent jurisdiction;
(d) if any complaint of malpractice is received, on proof of complaint of such malpractice:
Provided that the action taken under this section shall not protect any person from being prosecuted under any of the provisions of this Act.
Notice of removal. 8. Before removing the name of person from the registrer under section 7, the prescribed authority shall give a notice, in writing, to the concerned person stating therein the ground or grounds on which it is proposed to take action and shall give him a reasonable opportunity of being heard.
CHAPTER III Appeal Appeal. 9. (I) Subject to the provisions of sub-section (2), an appeal shall lie from every order of the prescribed authority, under this Act, to the appellate authority, to be appointed by the State Government.
(2) Every such appeal shall be preferred within ninety days from the date of communication of the order:
Sm THE KOLKATA GAZETTE, EXTRAORDINARY, APRIL 6, 2006 [ PART III The West Bengal Public Works Contractors (Regulation and Control )Act , 2006.
(Chapter IV —Offences and Penalties.—Sections 10-15.)
Provided that the appellate authority may entertain an appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from filing it in time.
(3) The appellant have a right to appear by a counsel, and the prescribed authority may be represented by such officer or person as may be appointed by the State Government in that behalf.
(4) On receipt of any such appeal, the appellate authority shall, after giving the appellant a reasonable opportunity of being heard and after making such inquiry as it deems proper, dispose of the appeal for reasons to be recorded in writing.
(5) The proceedings before the appellate authority shall be completed within a period of four months of its institution.
CHAPTER IV Offences and Penalties Penalty for false statement.
Penalty for malpractice.
Certificate not to be assigned.
Certificate and document to be shown on demand.
Obstructing the lawful authorities.
10. Any person, required to make a statement under this Act, wilfully makes a false statement or suppresses a material fact with an intention to mislead the prescribed authority, shall be liable to punishment with imprisonment which shall not be less than three years but may extend to seven years.
11. Any person, who commits malpractice or contravenes any of the provisions of this Act, for which no specific penalty has been provided, shall be liable to punishment with imprisonment which shall not be less than three years but may extend to seven years.
12. Any person, who lends, transfers or assigns the certificate of registration issued under this Act, shall be liable to punishment with imprisonment which shall not be less than three years but may extend to seven years.