Registered No. WB/SC-247 No. WB(Part-III)/2017/SAR-50 ISErIkata 6ayttt Extraordinary Published by Authority ASVINA 24] MONDAY, OCTOBER 16, 2017 [SAKA 1939
PART III—Acts of the West Bengal Legislature.
GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 1176-L.-16th October, 2017.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information:— West Bengal Act XL of 2017 Short title and commencement.
THE WEST BENGAL PANCHAYAT (SECOND AMENDMENT) ACT, 2017.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 16th October, 2017.]
An Act to amend the West Bengal Panchayat Act, 1973.
WHEREAS it is expedient to amend the West Bengal Panchayat Act, 1973, for the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Sixty-eighth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. (1) This Act may be called the West Bengal Panchayat (Second Amendment) Act, 2017.
(2) It shall come into force on such date or dates as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
West Ben. Act XLI of 1973.
2 THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 16, 2017 [PART III The West Bengal Panchayat (Second Amendment) Act, 2017.
(Sections 2-6.)
Amendment of Ben. Act XLI of section 94 of West West Bengal Panchayat Act, 1973 (hereinafter referred to as the principal Act), the
2. For sub-clause (a) of clause (iii) of sub-section (2) of section 94 of the following sub-clause shall be substituted:— 1973.
"(a) members of the House of the People and the Legislative Assembly of the State elected thereto from a constituency comprising the Block or any part thereof, not being Ministers or directly elected members of Panchayat Samiti or not being Sabhadhipati or Sahakari Sabhadhipati of Zilla Parishad elected thereto from a constituency comprising the Block, ex officio;".
Amendment of 3. In sub-section (1) of section 98 of the principal Act,— section 98.
(a) for the second proviso, the following proviso shall be substituted:— "Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that on being elected, he shall not hold any office of profit during the period for which he holds or due to hold such office unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his office powers, due performance of his office functions or due discharge of his office duties:";
(b) in the third proviso, for the words "office of a full time office bearer", the words "office of an office bearer" shall be substituted.
Amendment of 4. In sub-section (1) of section 100 of the principal Act,— section 100.
Amendment of section 140.
Amendment of section 143.
(a) in clause (d), for the words "leave of the Panchayat Samiti;", the words "leave of the Panchayat Samiti:" shall be substituted;
(b) to clause (d), the following proviso shall be added:— "Provided that .a member of a Panchayat Samiti holding simultaneous membership of the House of the People or the Legislative Assembly, shall not be removed from the office, if he remains absent from three consecutive meetings of the Panchayat Samiti without the leave of the Panchayat Samiti;".
5. For clause (iii) of sub-section (2) of section 140 of the principal Act, the following clause shall be substituted:— "(iii) members of the House of People and the Legislative Assembly of the State elected thereto from a constituency comprising the district or any part thereof, not being Ministers or simultaneously directly elected members of Zilla Parishad, ex officio;".
6. In sub-section (1) of section 143 of the principal Act,—
(a) for the second proviso, the following proviso shall be substituted:— "Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that on being elected, he shall not hold any office of profit during the period for which he holds or due to hold such office unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his office powers, due performance of his office functions or due discharge of his office duties:";
(b) in the third proviso, for the .words "office of a full time office bearer", the words "office of an office bearer" shall be substituted.
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, OCTOBER 16, 2017 3 Amendment of section 145.
Amendment of section 172.
Amendment of section 185B.
The West Bengal Panchayat (Second Amendment) Act, 2017.
(Sections 7-9.)
7. To clause (d) of sub-section (1) of section 145 of the principal Act, the following proviso shall be added:—
(a) in clause (d), for the words "leave of the Zilla Parishad;", the words "leave of the Zilla Parishad:" shall be substituted;
(b) to clause (d), the following proviso shall be added:— "Provided that a member of a Zilla Parishad holding simultaneous membership of the House of the People or the Legislative Assembly, shall not be removed from the office, if he remains absent from three consecutive meetings of the Zilla Parishad without the leave of the Zilla Parishad;".
8. In sub-section (1) of section 172 of the principal Act,—
(a) for the third proviso, the following proviso shall be substituted :— "Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that on being elected, he shall not hold any office of profit during the period for which he holds or due to hold such office unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his office powers, due performance of his office functions or due discharge of his office duties:";
(b) in the fourth proviso, for the words "office of a full time office bearer", the words "office of an office bearer" shall be substituted.
9. For clause (iii) of sub-section (3) of section 185B of the principal Act, the following clause shall be substituted:— "(iii) members of the House of the People and the Legislative Assembly of the State elected thereto from a constituency comprising the sub-division or any part thereof (excluding the part comprised in the hill areas) not being Ministers or simultaneously directly elected members of Mahakuma Parishad, ex officio;".
By order of the Governor, MADHUMATI MITRA, Secy. to the Govt. of West Bengal, Law Department.
Published by Law Department, Government of West Bengal and Printed at Saraswaty Press Ltd.(Government of West Bengal Enterprise), Kolkata 700 056.
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