(1) With effect from the date of the coming into office of a Gram Panchayat under sub-section (4) of section 4, the provisions of the West Bengal Panchayat Act, 1957, relating to Gram Panchayat shall stand repealed within the territorial limits of the Gram.
(2) With effect from the date of the coming into office of a Panchayat Samiti under sub-section (3) of section 94, the provisions of the West Bengal Panchayat Act, 1957, relating to Anchal Panchayats and the provisions of the West Bengal Zilla Parishads Act, 1963, relating to Anchalik Parishads shall stand repealed within the territorial limits of the Block.
(3) With effect from the date of the coming into office of a Zilla Parishad under sub-section (3) of section 140, the provisions of the West Bengal Zilla Parishads Act, 1963, relating to Zilla Parishads shall stand repealed in the district.
Vesting. 219. When in consequence of the repeal of the enactments referred to in section 218 any Gram Panchayat, Nyaya Panchayat or Anchal Panchayat constituted under the West Bengal Panchayat Act, 1957, or any Anchalik Parishad or Zilla Parishad established under the West Bengal Zilla Parishads Act, 1963, ceases to exist in any area—
(a) the authority, person or persons,. if any, appointed under section 217 in respect of such Gram Panchayat, Anchal Panchayat, Anchalik Parishad or Zilla Parishad, as the case may be, shall cease to exercise all functions;
(b) all properties, movable or immovable and all assets—
(i) vested in such Gram Panchayat shall vest in the Gram Panchayat or Gram Panchayats constituted under this Act in such area in accordance with such allocation as may be determined by the prescribed authority and such determination shall be final,
(ii) vested in such Anchal Panchayat shall vest in such Gram Panchayat or Gram Panchayats constituted under this Act in such area in accordance with such allocation as may be determined by the prescribed authority and such determination shall be final, Repeal.
West Ben.
Act I of
1957.
West Ben.
Act XXXV of 1963.
360 The West Bengal Panchayat Act, 1973.
XLI of 1973.]
West Ben.
Act I of
1957.
West Ben.
Act XXXV of 1963.
(Part VI.—Chapter X1X.—Miscellaneous.—Section 219.)
(iii) vested in such Anchalik Parishad shall vest in such Panchayat Samiti or Panchayat Samitis constituted under this Act in such area in accordance with such allocation as may be determined by the prescribed authority and such determination shall be final,
(iv) vested in such Zilla Parishad shall vest in the Zilla Parishad constituted under this Act;
(c) all rights acquired, all debts and obligations incurred, all matters and things engaged to be done— by such Gram Panchayat shall be deemed to have been acquired, incurred or engaged to be done by the Gram Panchayat or Gram Panchayats constituted under this Act in such area, as may be determined by the prescribed authority under sub-clause (i) of clause (b),
(ii) by such Anchal Panchayat shall be deemed to have been acquired, incurred or engaged to be done by such Gram Panchayat or Gram Panchayats constituted under this Act in such area, as may be determined by the prescribed authority under sub-clause (ii) of clause (b),
(iii) by such Anchalik Parishad shall be deemed to have been acquired, incurred or engaged to be done by such Panchayat Samiti or Panchayat Samitis constituted under this Act in such area, as may be determined by the prescribed authority under sub-clause (iii) of clause (b),
(iv) by such Zilla Parishad shall be deemed to have been acquired, incurred or engaged to be done by the Zilla Parishad constituted under this Act;
(d) all suits or other legal proceedings instituted or which but for the coming into office of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad constituted under this Act, might have been instituted by or against the Gram Panchayat or Anchal Panchayat constituted under the West Bengal Panchayat Act, 1957, or the Anchalik Parishad or Zilla Parishad established under the West Bengal Zilla Parishads Act, 1963, may be continued or instituted by or against the Gram Panchyat or Panchayat Samiti, as determined by the prescribed authority under sub-clauses (i), (ii) or (iii) of clause (b), or the Zilla Parishad, as the case may be, and in
(i) 361 The West Bengal Panchayat Act, 1973.
[West Ben. Act (Part VI—Chapter XIX.—Miscellaneous.—Section 219.)
all such suits or other legal proceedings pending immediately before such constitution or establishment, such Gram Panchayat, Panchayat Samiti or Zilla Parishad constituted under this Act, shall stand substituted;
(e) all suits and cases pending before a Nyaya Panchayat constituted under the West Bengal Panchayat Act, 1957, shall be deemed to have been transferred to such Nyaya Panchayat constituted under this Act as may be determined by the prescribed authority;
(f) persons employed by—
(i) such Gram Panchayat and continuing in office immediately before the coming into office of the Gram Panchayat constituted under this Act for such area shall be deemed to be employed by such Gram Panchayat or Gram Panchayats constituted under this Act, as may be determined by the prescribed authority,
(ii) such Anchal Panchayat and continuing in office immediately before the coming into office of the Gram Panchayat or Gram Panchayats constituted under this Act for such area shall be deemed to be employed by such Gram Panchayat or Gram Panchayats constituted under this Act, as may be determined by the prescribed authority,
(iii) such Anchalik Parishad and continuing in office immediately before the coming into office of the Panchayat Samiti orPanchayat Samitis constituted under this Act for such area shall be deemed to be employed by such Panchayat Samiti or Panchayat Samitis as may be determined by the prescribed authority,
(iv) such Zilla Parishad and continuing in office immediately before the coming into office of the Zilla Parishad constituted under this Act shall be deemed to be employed by such Zilla Parishad on such terms and conditions, not being less advantageous than what they were entitled to immediately before such coming into office, as may be determined by the Gram Panchayat , Panchayat Samiti or Zilla Parishad, as the case may be, constituted under this Act;
West Ben.
Act I of
1957.
362 The West Bengal Panchayat Act, 1973.
XLI of 1973.]
(Part VI.—Chapter XIX.—Miscellaneous.—Sections 220-224.)
Ben. Act III of 1885.
West Ben.
Act 1 of
1957.
West Ben.
Act XXXV of 1963.
(g) all rules, orders, bye-laws and notifications made or issued from time to time under the provisions of the Bengal Local Self-Government Act of 1885, applicable to the District Board, or the West Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963, applicable to the Gram Panchayat, Anchal Panchayat, Anchalik Parishad and Zilla Parishad and continuing in force immediately before the coming into office of the Gram Panchayat, Panchayat Samiti and Zilla Parishad under this Act shall, after such coming into office, continue in force in so far as they are not inconsistent with the provisions of this Act until they are repealed or amended.
220., Prosecution in a court under this Act for breach of bye-laws may Prosecution.
be instituted by a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad or by any person authorised by such Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, in this behalf.
221. All arrears of taxes, tolls, rates and fees leviable by a Gram Recovery of Panchayat, a Panchayat Samiti or Zilla Parishad under this Act shall, arrears' without prejudice to any other mode of recovery, be recoverable as public demands.
222., If any difficulty arises in giving effect to the provisions of this Provisions Act, the State Government may take such steps or issue such orders not for ving inconsistent with the provisions of this Act as may appear to it to be diffic o ulties.
necessary or expedient for the purpose of removing such difficulty.