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Section 40: Relationship of the agency with Panchayat Institution

Bihar Agricultural and Rural Area Development Agency Act, 1978State Act of Bihar · Act 3 of 1979

(1) Where a plan or scheme sanctioned under the provisions of this Act covers the jurisdiction of more than one Zila Parishad, the powers 12/12 exercisable and functions performable by the Panchayat Samiti or Zila Parishad under the *[Bihar Panchayat Samitis and Zila Parishads Act or any other law in respect of execution of such plan of scheme shall be exercised and performed by the Agency notwithstanding anything contained in the * [Bihar Panchayat Samitis and Zila Parishads Act, 1961 (Bihar Act 6 of 1962) or any other law.

(2) If the State Government considers it necessary for the purpose of implementation of any plan or scheme sanctioned under the provisions of this Act, to transfer to the Agency any power exercisable by a Panchayat Samiti or Zila Parishad under the provisions of the *[Bihar Panchayat Samitis and Zila Parishads Act, it may issue a notification providing for such transfer and subject to such control, restrictions, conditions and reservations, and for such period as may be specified thereon:

Provided that no notification transferring any functions exercisable by the Panchayat Samiti or Zila Parishad to the Agency shall be issued without prior consultation with the Zila Parishad in the prescribed manner, but when Panchayati Raj Board has been constituted under section 60 of the * [Bihar Panchayat Samiti and Zila Parishad Act, 1961, this Board and not the Zila Parishad will be consulted.

*In view of applicability of this Act to Jharkhand [u/s 84, Bihar Reorganisation Act, 2000] this may be read as "Jharkhand".

Where this provision sits

ActBihar Agricultural and Rural Area Development Agency Act, 1978
Section40
Marginal noteRelationship of the agency with Panchayat Institution
JurisdictionState of Bihar
StatusIn force as published by the source

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