West Bengal Act XXVII of 1965 THE WEST BENDA!. PANCHAYAT AND ZILLA PARTSHADS (AMENDMENT) ACT, 1965.
[Passed by the West Bengal Legislatur.
[Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 11th December, 1965.]
West Ben.
Act. I of 1957.
West Ben.
Act XXXV of 1963.
[11th December, 1965.]
An Act to amend the West Bengal Panchayat Act, 1957 and the West Bengal Zilla Parishads Act, 196'3.
WHEREAS it is expedient to amend the West Bengal Panchayat Act, 1957 and the West Bengal Zilla. Parishads Act, 1963, for the purposes and in the manner hereinafter appearing;
It •is hereby enacted in the Sixteenth Year of the Republic of India, by the Legislature of West Bengal, as follows :-
1. This Act may be called the West. Bengal Panchayat 8hort ' and Zilla Parishads (Amendment) Act, 1965.
2. In the West Bengal Panchayat Act, 1957,— Amendment of
(1) in section 11,--. West • . Ben.
(a) in sub-section (2), after the words "as may be Act I determined by the prescribed authority", tbe of 1957.
words "in accordance with such rules as may be prescribed in this behalf by the State Government on the basis of the number of members of the Grain, Sabha" shall be inserted ;
(b) for sub-section (3), the folllowiiag sub-section shall be substituted, namely : — "(3) For the convenience of election, the prescribed authority shall, in accordance with such rules as may be prescribed in this behalf by • the State Government,—
(i) divide the area of a Gram Sabha into constituencies, not being less than three or more than five, on the basis of the number of members of the Gram Panchayat determined under sub-section (2), 2 The West Bengal Panchayat and Zilla Parishads (Amendment) Act, 1965.
[west Ben. Act (Section L2.)
(ii) allocate to each such constituency, seats, not being less than two or more than four, on the basis of the number of members of the Gram Sabha pertaining thereto." ;
(2) in sub-section (1) of section 15, after clause (a), the following clauses shall be inserted, namely :— "(aa) he is not a citizen of India; or
(aaa) he is in the service of the Central or State Government or of the Zilla Perished of the district or of an Anchalik Perished, an Anchal Panchayat or a Gram Panchayat within the district; or";
(8) for sub-section (1) of section 26, the following subsection shall be substituted, namely :— "(1) Every Anchal Panchayat shall consist of the following members, namely :—
(a) the Adhyakshas of all Gram Panchayats within its jurisdiction (ex officio);
(b) such number of members of the Gram Sabha within its jurisdiction elected at the prescribed time and in the prescribed manner by the Gram Panchayat concerned in each case as may, from time to time, be determined in such manner as may be prescribed by the prescribed authority by order made in this behalf so that there shall be at least one member for every five hundred members of the Gram Sabha and that there shall be at least one member from every Gram Sabha:
Provided that no member of a Gram Sabha shall be elected to be a member of an Anchal Panchayat if he has any of the disqualifications mentioned in section 15." ;
(4) in section 31, clause (l) shall he omitted
(5) in section 43, for the words "District Board", in the two places where they occur, the words "Zilla Perished" shall be substituted;
(6) in sub-section (1) of section 46,—
(a) the word "and" at the end of clause (c) shall be omitted;
(b) in clause (d), for the words "under this Act.", the words "under this Act; and" shall be substituted;
The West Bengal Panchayat and Zilla Parishads (AmenA- 3 ment) Act, 1966.
XXVII of 1965.]
of 1871.
(Section 2.)
(c) after clause (d), the following clause shall be added, namely : — "(e) the performance of such functions as may be transferred to it under section 31 of the Cattle-trespass Act, 1871." ;
(7) in section 67,—
(a) for sub-section (1), the following sub-section shall be substituted, namely :— "(1) Subject to such rules, rates and scales as may be prescribed by the State Government in this behalf, an Anchal Panchayat shall impose yearly,— on lands and buildings within the local limits of its jurisdiction, a tax not exceeding two per centum of the annual value of such lands and buildings determined in the prescribed manner to be paid by the owners or occupiers or owners and occupiers thereof ;
on professions, trades, callings and employments carried on or held within the local limits of its jurisdiction, a tax on the basis of the total annual income accrued from such professions, trades, callings and employments, subject to a maximum of two hundred and fifty rupees per annum in respect of any one person." ;
(b) in sub-section (3), after the word "exempt", the words "either wholly or in part" shall be inserted;
after section 68, the following section shall be inserted, namely :— “Special provision 68A. (1) Where by reason of in case f Pr°11i- an order of a competent court bitory orders an Anchal Panchayat or a from Courts.
Gram Panchayat is unable to exercise or perform the powers, duties or functions conferred or imposed on it by or under any law, the prescribed authority may, with the previous approval of the State Government, appoint any authority, person or persons to exercise or perform, as the cas,a may be, during the period of such inability, any or all of such powers, duties and functions in such manner and under such conditions as the prescribed authority may direct.
(a)
(h)
(8) 4 The West Bengal Panchayat and Zilla Parishads Amendment) Act, 196.5.
FWest Si. A;t (Section 3.)
(2) All properties vested in the Gram Panchayat or Anchal Panchayat, as the case may be, shall, during the period of inability referred to in sub-section (1), vest in such authority, person or persons subject to such conditions as the prescribed authority may direct" ;
(9) in sub-section (2) of section 120, after clause (z), the following clause shall be added, namely :- 4'(zz) any other matter which may be, or is required to be, prescribed." ;
(10) in Schedule I, in the entries in column 4 relating to the Cattle-trespass Act, 1871,—
(7) in clause (1),—
(i) in sub-clause (a), for the ,words "an Adhyaksha of a Gram Panchciyat", the words "a Pradhan of an Anchal. Panchayat" shall be substituted;
(ii) in sub-clause (b), for the words "Gram Panchayat", the words "Anchal Panchayat" shall be substituted;
• (iii) in sub-clause (c),—
(a) in paragraph (i), for the word "Adhyaksha", the word "Pradhan" shall be substituted;
(1)) in paragraph (ii), for the words "Upadhyaksha of such Gram Panchayat", the words "Upa-Pradhan of such Anchal Panchayat" shall be substituted ;
(2) in clause (2),—
(i) in sub-clause (a), for the word "Adhyaksha", • the word "Pradhan" shall be substituted ;
(ii) in sub-clause (b), for the word "Upadhyaksha", the word "Upa-Pradhan" shall be substituted;
(iii) in sub-clause (c), for the word "Adhyaksha", the word "Pradhan" shall be substituted;
Amonrl• 3. In the West Bengal Zilla Parishads Act, 1963,— mend of went (1) for sub-section (6) of section 7, the following sub- Ben. section shall be substituted, namely :— Ant XXXV "(6) If a President of an Anchalik Parishad or an of 1963 Adhyaksha is elected the Chairman or the Vice-Chairman of a Zilla Parishad, he shall cease to be the President of the Anchalik Parishad or the Adhyaksha, as the case may be, but shall, notwithstanding anything in section 4 or in sub-section (1) of this section, 1 of 1871.
The West Bengal Panchayat and Zilla Parish-ads (Amend- 5 ment) Act, 1966.
XXVII of 1965,-] allowances, Vice-Chairman of a Zinc; leave,etc., of Chairman and Parishad shall be paid out of the Vice-Chairman. Zilla Parishad Fund such honoraria and Allowances and shall be entitled to leave of absence for such period or periods and on such terms and conditions as may be prescribed." ;
(i) for section 8, the following section shall be substituted, namely : — "Powers, functions and duties of Chairman and Vice- Chairman.
(Section 3.)
continue to be a member of the Zilla Parishad for the full term of his office as such Chairman or Vice-Chairman thereof under sub-section. (2) of section 7 or sub-section (2) of section 10, as the case may be.";
(2) after section 7, the following section shall be inserted, namely : — "Honoraria 7A. The Chairman and the S. (1) The Chairman shall—
(a) have full access to all records of the Zilla Parishad;
(b) have general responsibility for the financial and executive administration of the Zilla Parishad;
exercise administrative supervision and control over the work of the Executive Officer and the Secretary for securing implementation of resolutions or decisions of the Zilla Parishad or of any Committee thereof ;
(d) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Zilla Parishad under this Act or the rules made thereunder :
Provided that the Chairman shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged by the Zilla Parishad a meeting;
so 0' 6 The West Bengal Panehayat and Zilla Parishads (Amendment) Act, 1965.
twest Bee. Act (Section 3.)
(e) exercise such other powers, perform such other functions and discharge such other duties as the Zilla Parishad may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.
(2) The Vice-Chairman shall— exercise s-ach of the powers, perform such of the functions and discharge such of the duties of the Chairman as the Chairman may, from time to time, subject to rules made in this behalf by the State Government, delegate to him by order in writing;
(b) during the absence of the Chairman, exercise all the powers, perform all the functions and discharge all the duties of the Chairman." ;
(4) in section 13, after the words "on such resignation being accepted", the words "by the said authority" shall be inserted;
(5) in sub-section (1) of section 15, for the words "a month", the words "in every three mouths" shall be substituted;
(6) section 16 shall be omitted;
(7) in sub-clause (i) of clause (a) of sub-section (1) of section 18, for the words "primary or adult education", the words "primary, secondary or adult education" shall be substituted;
(8) in subsection (2) of section 33, after the words "No person", the words "except the Chairman or the Vice-Chairman" shall be inserted;
(9) in section 34,—
(a) in sub-section (1), after clause (iii), the following clause shall be added, namely:— “(i/v) the Chairman and 'the Vice-13hairman of the Zitla Parishad (ea officio).";
'(b) for the proviso to sub-section (2), the following proviso shall be substituted, namely :— "Provided that the Chairman of the Zilla Parishad shall be the ea officio Chairman of the Finance and Establishment Standing Committee.";
(a) The West Bengal Panchayat and Zilla Parisbads (Amendment) Act, 1965.
XXVII of 1965.]
(Section 3.)
(10) for sub-section (6) of section 55, the following subsection shall be substituted, namely : — "(6) If a Pradhan, or an Adhyaksha is elected as the President or the Vice-President of an Anchalik.
Parishad, he shall cease to be the Pradhan or the Adhyaksha, as the case may be, but shall, notwithstanding anything in section. 52 or in sub-section (1) of this section, continue to be a member of the Anchalik Parishad for the full term of his office as such President or Vice- President thereof under sub-section (2) of section 55 or sub-section (2) of section 58, as the case may be." ;
.(11) after section 55, the following section shall be inserted, namely : — "Honoraria, 55A. The President and the allowances, Vice-President of an Anchalik leave,etc., of the President and Parishad shall be paid out of Vice-President. the Anchalik Parishad Fund such honoraria and allowances and shall be entitled to leave of absence for such period or periods and on such terms and conditions as may be prescribed." ;
(12) for section 56, the following section shall be substituted, namely :— "Powers, functions and duties of President and Vice-President.
56. (1) The President shall—
(a) have full access to all records of the Anchalik, Paris had;
(b) have general responsibility for the financial and executive administration of the Anchalik, Paris had;
exercise administrative supervision and control over the work of the Chief Executive Officer for securing implementation of resolutions or decisions of the Anchalik Parishad or of any Committee thereof;
(d) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, '-I The West Bengal Panchayat and Zilla Parishads (Amendment) Act, 196,5.
[West Sett. Act (Section 3.)
performed or discharged by the Anchalik Panishad under this Act or the rules made thereunder:
Provided that the President shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged by the Anchalik Parishad at a meeting;
(e) exercise such other powers, perform such other functions and discharge such other duties as the Anchalik Parishad may, by general or special resolution, direct or as the State Government may, by rules made i this behalf, prescribe.
(2) The Vice-President shall—
(a) exercise such of the powers, perform such of the functions and discharge such of the duties of the President as the President may, from time to time, subject to rules made in this behalf by the State Government, delegate to him by order in writing;
(b) during the absence of the- President, exercise all the powers, perform all the functions and discharge all the duties of the President." ;
(13) in section 61, after the words '''such resignation being accepted", the words "by the . said authority" shall be inserted;
(14) in sub-section (1) of section 62, for, the words "a month", the words 'in every three months" • shall be substituted;
(15) section 63 shall be omitted;
(16) in sub-section (2) of section 79, after the words ``No person", the words "except the President or the Vice-President" shall be inserted;
(17) in section 80,—
(a) after clause (iii) of sub-section (1), the following clause shall be added, namely :— "(iv) the President and the Vice-President of the Anchalik Parishad (ex .officio)." ;
(b) for the proviso to sub-section (2), the following proviso shall be substituted, namely : — "Provided that a President of the Anchalik Parishad shall be the ex officio Chairman of the Finance and Establishment Standing Committee.";
The West Bengal Panchayat and Zilla Parishads (Amend- 9 ment) Act, 1965.
XXVII of 1965.]
(Seet.ion 4.)
(18) in sub-section (2) of section 112, after clause (i), the following clause shall be added, namely :— `.`(j) any other matter which may be, or is required to be, prescribed.".
West Ben. 4. (1) The West Bengal Panchayat and Zilla Parishads Repeal and 5 ord. Ix of (Amendment) Ordinance, 0:965 is hereby repealed. savings. 196.
West Ben.. (2) Anything clone or any action taken under the West Act I of Bengal Panchayat Act, 1957, or the West Bengal Zilla 1957.
West Ben. PalriShads Act, '1963, as amended by the West Bengal Act mv Panchayat and Zilla Parishads (Amendment) Ordinance, of 1963. 1965, shall be deemed to have been validly done or taken under the West Bengal Panchayat- Act, 1957 or the West • Bengal Zilla Parishads Act, 1963, as the case may be, as amended by this Act, as if this Act had commenced on the 16th day of October, 1965.
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