GOVERNMENT OF WEST BENGAL LEGISLATIVE DEPARTMENT West Bengal Act LVIII of 1978 THE WEST BENGAL PANCHAYAT (THIRD) AMENDING ACT, 1978. [Passed by the West Bengal Legislature.] [Assent of the President was first published in the Calcutta Gazette, Extraordinary , of the 6th February, 1979.] West Ben. Act XLI of 1973. [6th February, 1979.] 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 Twenty-ninth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. This Act may be called the West Bengal Panchayat (Third) Amending Act, 1978.
2. In section 98 of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the said Act), in the proviso to subsection (1), for the words, brackets, figure and letter "sub-clause
(iii) of clause (a)", the word, brackets and figure "clause (iii)" shall be substituted and shall he deemed always to have been substituted.
3. In section 105 of the said Act, in sub-section (1),—
(a) for the words "at least once in a month at such time and at such place within the local limits of the Block concerned", the words "in the office of the Block Development Officer concerned at least once in a month at such time" shall he substituted and shall be deemed always to have been substituted,
(b) in the first proviso, for the words "at such time and at such place within the local limits of the Block concerned", the words "in the office of the Block Development Officer concerned at such time" shall be substituted and shall be deemed always to have been substituted.
4. In section 125 of the said Act, in the second proviso to subsection (I), for the words, brackets, figure and letter "sub-clause(iii) Short title. Amendment of section 98 of West Ben. Act XLI of 1973. Amendment of section 105. Amendment of section 125. 255 The West Bengal Panchayat (Third) Amending Act, 1978. [West Ben. Act (Sections 5-9.) of clause (a)", the word, brackets and figure "clause (iii)" shall be substituted and shall be deemed always to have been substituted. Amendment of
5. In section 140 of the said Act, in clause (iii) of subsection 140. section (2), for the words "House of the People or", the words "House of the People and" shall be substituted and shall be deemed always to have been substituted. Amendment of
6. In section 143 of the said Act, in the proviso to subsection 143. section (1), for the words, brackets, figures and letter "sub-clauses
(iii) and (iv) of clause (a)", the words, brackets and figures "clauses
(iii) and (iv)" shall be substituted and shall be deemed always to have been substituted. Amendmentof 7. In section 172 of the said Act, in the first proviso to subsection 172. section (1), for the words, brackets, figures and letter "subclauses (iii) and (iv) of clause (a)", the words, brackets and figures "clauses (iii) and (iv)" shall be substituted and shall be deemed always to have been substituted. Amendment of 8. In section 197 of the said Act, for the words, brackets, figures section 197. and letters "sub-clause (iii) of clause (a) of sub-section (2) of section 94 and sub-clauses (iii) and (iv) of clause (a) of subsection (2) of section 140", the words, brackets and figures "clauses (i ) and (iii) of sub-section (2) of section 94 and clauses (i), (iii) and
(iv) of sub-section (2) of section 140" shall be substituted and shall be deemed always to have been substituted. Amendment of section 218.
9. In section 218 of the said Act,—
(a) in sub-section (1), for the words "relating to Gram Panchayat shall stand repealed within the territorial limits of the Gram", the words "relating to Gram Sabha, Gram Panchayat, Anchal Panchayat and Nyaya Panchayat shall stand repealed within the territorial limits of the Gram and the Union Board constituted under the Bengal Village Self-Government Act, 1919, shall cease to function" shall be substituted and shall be deemed always to have been substituted;
(b) in sub-section (2), the words "the provisions of the West Bengal Panchayat Act, 1957 relaating to Anchal Panchayats and" shall be omitted and shall be deemed always to have been omitted. Ben. Act V of
1919. West Ben. Act I of 1957. 256 The West Bengal Panchayat (Third) Amending Act, 1978. [West Ben. Act LVIII of 1978.] (Section 10.) Ben. Act. V of
1919.
10. In section 219 of the said Act,— Amendment of section 219.
(a) after the words "ceases to exist", the words " or when the Union Board constituted under the Bengal Village Self- Government Act, 1919, ceases to function," shall be inserted and shall be deemed always to have been inserted;
(b) after sub-clause (ii) of clause (b), the following subclause shall be inserted and shall be deemed always to have been inserted:— "(iia) vested in such Union Board 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,";
(c) after sub-clause (ii) of clause (c), the following subclause shall be inserted and shall be deemed always to have been inserted:— "(iia) by such Union Boards shall be deemed to have been acquired, incurred or engaged to be done by such Grain Panchayat or Gram Panchayats constituted under this Act in such area, as may be determined by the prescribed authority under subclause (iia) of clause (b),";
(d) in clause (d),—
(i) after the words "might have been instituted by or against", the words "the Union Board constituted under the Bengal Village Self-Government Act, 1919, or" shall be inserted and shall be deemed always to have been inserted,
(ii) after the words "under sub-clauses (i), (ii)", the brackets, figure and letter ", (iia)" shall be inserted and shall be deemed always to have been inserted;
(e) in clause (f), after sub-clause (ii), the following subclause shall be inserted and shall be deemed always to have been inserted:- 257 The West Bengal Panchayat (Third) Amending Act, 1978. [West Ben. Act LVIII of 1978.] (Section 10.) "(iia) such Union Board 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,";
(f) in clause (g), after the words "applicable to the District Board,", the words "or the Bengal Village Self- Government Act, 1919, applicable to the Union Board," shall be inserted and shall be deemed always to have been inserted. Ben. Act V of
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