West Bengal Zilla Parishads Act, 1963 Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Act
Citation	Act 35 of 1963
Year	1963
Jurisdiction	State of West Bengal
Status	In force as published by the source
Text	Published as one document, as the source published it

West Bengal Act iXXV of 1963 THE WEST BENGAL Z1LLA PAR1SHADS ACT, 1963.

[Passed by the West Bengal Legislature.]

[Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 5th December, 1963.]

[5th December, 1963.]

An Act to provide for the remodelling of Local Government with a view to associating the local authorities with development activities and bringing about democratic decentralisation and people's participation, in planning and development.

WHEREAS it is expedient to provide for the re-modelling of Local Government with a view to associating the local authorities with development activities and bringing about democratic decentralisaition and people's participation in planning and development;

It is hereby enacted in the Fourteenth Year of the Republic of India "iy the Legislature of West Bengal, as follows :— West Ben.

Act XXXII' of 1961.

,z1. Act XV of

1932.

West Ben.

Act XVIII of 1955.

2 of 1924.

PART I.

CHAPTER I.

Preliminary.

1. (1) This Act may be called the West Bengal Zilla Parishads Act, 1963.

(2) It extends to the whole of West Bengal, except the areas to which the provisions of the Calcutta Municipal Act, 1951, the Bengal Municipal Act, 1932, the Chandernagore Municipal Act, 1955 and the Cantonments Act, 1924, apply.

(3) It shall come into force in such areas and on such dates as the State Government may, by notification, appoint and different dates may be appointed for different areas or for different provisions of this Act.

Short title, extent and commence.

ment.

The West Bengal Zilla Parishads act, 1963.

(West Ben. Act (Part 1.—Preliminary.—Chapter 1.—Definitions.—Seclion 2.)

DeanItygo3. 2. (1) In this Act, unless there is anything repugnant in the subject or context,—

(a) "Adhyaksha" means an Adhyaksha of a Grant Panchayat constituted under the West Bengal West Ben.

Panchayat Act, 1957; Aot of 1957.

(b) "Anchal" means the area included within the territorial limits of an Anchal Panchayat as notified under section 25 of the West Bengal Panchayat Act, 1957;

(d) "Anchalik Parishad" means an Anchalik Parishad established under section 51;

(e) "associate member" means an associate member referred to in sections 4 and 52;

(f) "backward community" means a community specified by the State Government by a notification 'under section 94;

(g) "block" means an area referred to in section 50;.

(h) "Block Development Officer" means the officer appointed as such by the State Government;

(i) "Commissioner" means the Commissioner of a . Division;

(j) "District Board" means a District Board established under the Bengal Local Self-Government Act of 1885;

(k) "District Panchayat Officer" means the officer west Ben,.

Act I appointed as such under the West Bengal 1957. of Panchayat Act, 1957;

(1) "District School Board" means a District School Bells Act Board established under the Bengal (Rural) VII of Primary Education Act, 1930; 1930.

(m) "Gram Panchayat" means a Gram Panchayat constituted under the West Bengal Panchayat Act, 1957;

(n) "member" means a member of a Zilla Parishad or an Anchalik Parishad not being an associate member ;

(o) "notification" means a notification published in the Official Gazette;

Ben. Act III of

1885.

rem Act V of 1919.

The West Bengal Zilla Parishads Act, 1963. 3 XXXV of 1963.]

(Part 11.—Zilla Parishad. Chapter 11.—Establishment and Constitution of Zilla Parishad.—Section 3.)

(p) "Pradhan" means a Pradhan of an Anchal Panchayat;

(q) "prescribed" means prescribed by rules made under this Act ;

(r) "prescribed authority" means an authority appointed by the State Government, by notification, for all or any of the purposes of this Act;

(s) "Subdivisional Magistrate" includes any other officer appointed by 'the State Government to discharge the functions of the Sub-divisional Magistrate under this Act;

(t) "Union Board" means a Union Board established -under the Bengal Village Self-Government Act, 1919;

(u) "year" means the year beginning on the first day of April;

(v) "Witt Parishad" means a Zilla Parishad established under section 3.

(2) The expressions signifying 'residing in the block' or 'having a place of residence in or within the block or district' mean dwelling in the block or district for a period of at least six months in the aggregate during the twelve months immediately preceding the date of appointment or co-option -under this Act, or having a dwelling-place in the block or district in any other case.

PART II.

Zilla Parishad.

CHAPTER IL Establishment and constitution of Zilla Parishad.

2. (1) The State Government shall, by notification, Establishestablish for each district, with effect from such date as may menpof be specified in the notification, a Zilla Parishad bearing the name of the district.

Parhad. t

(2) A Zilla Parishad shall be a body corporate having perpetual succession and a common seal and may by its corporate name due and be sued.

Composi.

tion of Zilla Parishad, 4 The West Bengal Zilla Parishads Act, 1963.

[West Ben. Act (Part 11.—Zilla Parishad.—Chapter IL—Establishment and constitution of Zilla Parishad.—Section 4.)

4. Subject to the provisions of sections 11 and 12, the following persons shall be members and associate members of the Zilla Parishad, namely:—

(1) Members—

(a) Presidents of Anchalik Parishads of the blocks within the district—ea:-officio :

'Provided that if any President of an Anchalik Perished communicates to the Chairman of the Zilla Perished, in writing, his unwillingness to act as a member of the Zilla Parishad, he shall, with effect from the date of such communication, cease to be a member of the Zilla Parishad, and the vacancy so caused shall be filled by election from among the members of that Anchalik Parishad in such manner and within such time as may be prescribed:

Provided further that if there be no Anchalik Parishad in any block the State Government may appoint a person residing in the block as a member, two Adhyakshas, one from each of two such constituencies comprised in a sub-division of the district as may be specified by notification, elected by the Adhyakshas in each constituency from among themselves at such time and in such manner as may be prescribed :

Provided that if a district has only one sub-division, four Adhyakshas, one from each of four such constituencies comprised in the district as may be specified by notification, shall be elected by the Adhyakshas in each constituency from among themselves at such time and in such manner as may be prescribed :

Provided fiirther that if within the time fixed for the election, the Adhyakshas in a constituency fail to elect the member, another election shall be held on such date as may be appointed by the State Government by notification to fill the vacancy and in case the Adhyakshas in the constituency still fail to elect the member at such second election, the State Government may appoint a member from among the Adhyakshas in that constituency and any person so appointed shall be deemed to- be a duly elected member, The West Bengal Zilla Parishads Act, 1963. 5 XXXV of 1963.]

-(Part II.—Zilla Parishad.—Chapter 11.—Establishment and constitution of Zilla Parishad.—Sections 5, 6.)

(i) the House of the People or the Legislative Assembly of the State, elected thereto from a constituency comprising the district or any part thereof, not being a Minister,

(ii) the Council of States or the Legislative Council of the State, not being a Minister, having a ,place of residence in the district,

(d) a Chairman of a municipality or a Mayor of a municipal corporation in the district appointed by the State Government,

(e) President of the District School Board—em-officio,

(f) two women having a place of residence in the district appointed by the State Government:

Provided that—

(i) no such appointment shall be made if two or more women have become members under the provisions of other sub-clauses of this clause, and

(ii) one such appointment shall be made if only one.

woman has become member under the provisions of any other sub-clause of this clause;

(2) Associate members—

(a) the Sub-divisional Magistrate of each sub-division of the district, and

(b) the District Panchayat Officer.

5. (1) A member referred to in sub-clause (a) of clause Prohibi.

(1) of section 4 shall not be elected a member under the tinn of provisions of sub-clause (b) of clause (1) of that section. eimultaneoue member-

(2) If a member referred to in sub-clause (b) of clause (1) ship.

of section 4 is subsequently elected a. member of the House of the People or the Legislative Assembly of the State or subsequently becomes a member of the Council of States or the Legislative Council of the State, he shall cease to be a member of the Zilla Parishad under the provisions of sub- - clause (b) of clause (1) of that section.

•

6. (1) A member elected under the first proviso to sub- Tenure of clause (a) of clause (1) of section 4 shall hold office for a office' period of four years or for so long as he continues to be a member of the Anchalik Parishad or until a new President of the Anchalik Parishad is elected, whichever is earlier.

6 The West Bengal Zilla Parishads Act, 1963.

[West Ben. Act Chairman and Vice- Chairman.

(Part H . —Zilla Parishad.—Chapter 11.—Estabathment and constitution of Zilla Parishad.—Section 7.)

(2) A member appointed under the second proviso to subclause (a) of clause (1) of section 4 shall vacate office immediately on the establishment of an Anchalik Perished for the block and the election of a President thereof.

(3) A member elected under sub-clause (b) of clause (1) of section 4 shall, subject to the provisions of section 5, hold office for a period of four years or for so long as he continues to be the Adhyaksha, whichever is earlier.

(4) A Chairman or a Mayor appointed muter sub-clause

(d) of clause (1) of section 4 shall hold office for a period of four years or for so long as he continues to be such Chairman or Mayor, whichever is earlier.

(.5) Subject to the provisions of sub-section (2), a member appointed under the second proviso to sub-clause (a) of clause

(1) of section 4, and a member appointed under sub-clause (f) of clause (1) of that section shall hold office for a period of four years:

Provided that such a member shall continue to hold office on the expiry of the said term until another member is appointed by the State Government in his place.

(65 If any President of an Anchalik Parishad or if any person referred to in sub-clauses (d) and (f) of clause (1) of section 4 be disqualified to be a member, the State Government may fill the vacancy in such manner and for such period as may be prescribed.

7. (I) There shall be a Chairman and a Vice-Chairman for a Zilla Parishad elected by the members thereof from among the members referred to in sub-clauses (a), (b), (c) and (f) of clause (1) of section 4.

(2) The Chairman and the Vice-Chairman shall, subject to the provisions of section 9 and to his continuing as a member, hold office for a period of four years:

Provided that a Chairman or Vice-Chairman shall continue in office after expiry of the said period until a new Chairman or Vice-Chairman is elected and assumes office.

(3) (a) When the office of the Chairman falls vacant by reason of death, resignation or removal or is otherwise vacant, or

(b) when the Chairman is, by reason of leave, illness or other cause, temporarily unable to exercise the powers, perform the functions and diecharge the duties of his office, The Vice-Chairman shall exercise the powers, perform the functions and discharge the duties of the Chairman until a new Chairman is elected and assumes office or until the Chairman resumes his duties, as the case may be.

The West Bengal Zilla Parishads Act, 1963. 7 XXXV of 1963j (Part Parishad.—Chapter H. —Establishment and constitution of Zilla Parishad.—Sections 8, 9.)

(4) (a) When the office of the Vice-Chairman falls vacant by reason of death, resignation or removal or is otherwise vacant, or

(b) when the Vice-Chairman is, by reason of leave, illness or other cause, temporarily unable to exercise the powers, perform the functions and discharge the duties of his office, the Chairman shall exercise the powers, perform the functions and discharge the duties of the Vice-Chairman until a new Vice-Chairman is elected and assumes office or until the Vice- Chairman resumes his duties, as the case may be. -

(5) When the offices of the Chairman and the Vice- Chairman are both vacant, the State Government may appoint a Chairman and a Vice-Chairman from among the members to act as such until a Chairman and a Vice-Chairman are elected and assume office.

(6) If a President of an Anchalik Parishad or an Adhyaksha is elected a Chairman or a Vice-Chairman of a Zilla Parishad, he shall vacate the office of the 'President of the Anchalik Parishad or the office of the LI"• dhyaksha as the case may be, but shall, notwithstanding the provisions of section 4 and sub-section (1) of this section, continue as the member and the Ohairman or the Vice-Chairman of the Zilla Parishad.

8. The Chairman or the Vice-Chairman shall have Chairman full access to all records of the Zilla Parishad and may or Viceobtain report from the Executive Officer on any matter chairman connected with the administration or work of the Zilla access et.

Parishad. records or to obtain report.

9. (1) If the State Government is of opinion that the Removal Chairman or the Vice-Chairman of a Zilla Parishad— of the Chairman (a) is incapable of exercising his powers, performing and the his functions or discharging his duties, or Vice.

CO wilfully neglects or refuses to carry out the direc- Chairman.

tions of the: State Government given under the provisions of this Act, or

(d) is liable to be removed on any of the grounds mentioned in section 12, the State Government may, after giving the Chairman or the Vice-Chairman, as the case may be, an opportunity of being heard, by order, remove him from office and he shall thereupon cease to be a member of the Zilla Parishad and also cease to be a member of, or to hold any office in, any of the bodies constituted under this Act.

8 The West Bengal Zilla Parishads 'Act, 1963.

[West Ben, Act (Part 11.—Zilla Parishad.—Chapter 11.—Establishment.

and constitution of Zilla Parishad.—Sections 10, 11.)

(2) If a motion of no-confidence against the Chairman or the Vice-Chairman is `carried—

(a) by the votes of less than two-thirds of the total number of members of the Zilla Parishad holding office for the time being the State Government may, and

(b) by the votes of not less than two-thirds of the total number of members of the Zilla Parishad holding office for the time being the State Government shall, remove such Chairman or Vice-Chairman, as the case may be, from office.

Filling of vacancies caused by action taken under section 9.

Disqualithi cations of members of Zilla Parishad.

10. (1) When the Chairman or the Vice-Chairman is removed under section 9, the vacancy so caused shall be filled by election in such manner as may be prescribed.

(2) A Chairman or a Vice-Chairman elected under subsection (1) shall hold office for the remainder of the term of his predecessor in office.

(3) A Chairman or a Vice-Chairman removed from office under sub-section (1) of section 9 on any of the grounds enumerated in clauses (a), (b) and (c) of that sub-section and clauses (a) and (c) of sub-section (4) of section 12 shall not be eligible for election or appointment as a member of, OT for election or appointment to any office in, any of the bodies constituted under this Act for a period of four years from the date of such removal.

11. A person shall not be qualified to be a member of a Zilla Perished, if—

(a) he is under twenty-five years of age; or

(b) he is an officer or employee of the Zilla Parishad, an Anchalik Parishad within the district or any Standing Committee thereof ; or

(d) he has been adjudged by a competent court to be of unsound mind; or

(e) he is an undischarged insolvent; or

(f) he being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or West Ben.

Act I of

1957.

The West Bengal Zilla Darishads Act, 1963.

XXXV of 1963.]

(Part Parishad.—Chapter H.—Establishment and constitution of Zilla Parishad.—Section 12.)

(g) he is in arrears for more than a year in respect of any tax, rate or fee payable under this Act or the West Bengal Panchayat Act, 1957; or

(h) he has been convicted and sentenced to undergo imprisonment by a court for an offence involving moral turpitude punishable with imprisonment for a period of more than six months„ and five years have not elapsed from the date of the expiration of the sentence unless the State Government on sufficient cause having been shown shall have removed the disqualification by an order made in this behalf.

12. (1) No member or associate member of the Zilla Removal of Parishad shall, directly or indirectly by himself, partner, a member employer or employee, have any share or interest in an of the y zina contract other than a share or interest in any company as Parishad 19 6 of defined in the Companies Act, 1956, or in any Co-operative 1.

Society registered under the Bengal Co-operative Societies Ben. Act Act, 1940, which is a party to any such contract, with, by XXI of or. on behalf of, the Zilla Parishad. 1940.

(2) If any member or associate member acquires any such share or interest he shall cease to be a member of the Zilla Parishad with effect from such date as the State Government may specify.

(3) if a member acts as a lawyer against the Zilla Parishad in any legal proceedings to which the Zilla Parishad is a party he shall cease to be a member of the Zilla Parishad with effect from such date as the State Government may specify.

(4) The State Government may, after giving an opportunity to a member or an associate member to show cause against the action proposed to be taken against him, by an order in writing, remove him from office--

(a) on the grounds of misconduct in the discharge of his duties; or

(b) if he refuses to act or becomes incapable of acting as such member; or

(c) if after he becomes a member he is convicted by a court of an offence involving moral turpitude punishable with imprisonment for a period of more than six months; or

(d) if he is absent from six consecutive meetings of the Zilla Parishad without sufficient cause; or

(e) if he is in arrears for more than one year in respect of any tax, rate or fee payable under this Act or West Ben. the West Bengal Panchayat Act, 1957; or , Act I of

1957.

Resignation of Chairman, Vice- Chairman or a member.

10 The West Bengal Zilla Parishads Act, 1963.

[West Ben. Act (Part 11.—Zilla Parishad.—Chapter 11.—Establishment and constitution of Zilla Parishad.—Section 13.— Chapter W.—Transaction of Business.—Sections 14,

15.)

(f) if he was disqualified to be a member of the Zilla Parishad at the time when he became a member;

(g) if he incurs any of the disqualifications mentioned in clauses (a), (d), (e) and (f) of section 11 after becoming a member of the Zallu Parishad.

13. The Chairman or the Vice-Chairman or a member referred to in clause (1) of section 4 may resign his office by notifying in writing his intention to do so to the prescribed authority and shall vacate his office on such resignation being accepted and the vacancy so caused shall be filled in such manner as may be prescribed.

CHAPTER III.

Transaction of Business.

Oath or 14, (1) A member of a Zilla Parishad other than a affirma- member referred to in sub-clauses (c) and (d) of clause (1) of non by section 4 shall before taking his seat, make and subscribe in members the presence of the other members or such of them as would be sufficient to form a quorum at a meeting, assembled for a meeting of which notice has been given, an oath or affirmation of his allegiance to the Constitution of India in the form set out for the purpose in the First Schedule.

(2) A member who fails to make and subscribe, without sufficient cause, within three months from the date on which his term of office commences, the oath or affirmation referred to in sub-section CO shall cease to hold his office and his seat shall be deemed to have become vacant and the vacancy so caused shall be filled in such manner as may be prescribed.

Meetings. 15. (1) A Zillu Parishad shall hold a meeting at least once a month at its office on such date and at such time as the Chairman may fix after giving at least ten clear days' notice to the members and the associate members of the Zilla Parishad:

Provided that the Chairman may, in case of emergency, call a special meeting after giving at least three clear days' notice to the members and the associate members of the Zilla Parishad:

Provided further that, when so requested by a requisition in writing by not less than one-third of the members of the Zilla Parishad, the Chairman shall, within seven days of the receipt by him of such requisition, give ten clear days' notice of a meeting of the Zilla Parishad to be held within fifteen days of the date of such notice failing which the The West Bengal Zilla Perished& Act, 196.3. 11 XXXV of 1963.]- (Part Parishad.—Chapter 111.—Transaction of Business.—Section 16.—Chapter IV.—Powers, Functions and Duties of Zilla Parishad.—Sdctions 17, 18.)

signatories to the requisition may, after sending intimation to the prescribed authority, call such meeting after giving at least ten clear days' notice to the Chairnian, other members and the associate members of the hula . Paris had.

(2) The Chairman or, in his absence, the Vice-Chairman shall preside at a meeting of the Zilla Parishad, and, in the absence of both the Chairman and the Vice-Chairman, the members present shall elect one 'from among themselves to be the president of the meeting, .

(3) Not less than one-third -of the total number of members shall form a quorum for a meeting.

(4) All questions coming before a meeting shall be decided by the votes of the majority of members:

Provided that an associate member shall have no right to vote:

Provided further that in case of equality of votes the person presiding shall have a second or casting vote.

16. A 'Mkt Parishad may, at a meeting specially convened for the purpose, by a. resolution delegate to its Chairman and Vice-Chairman such of its powers; functions and duties as it may think fit, subject to such conditions and restrictions as may be prescribed, and may by a like resolution withdraw all or any of such poters, functions and duties.

Delega• tion of functions of Zilla Parishad to its Chairman.

CHAPTER IV..

Powers, Functions and Duties of Zi,11a Parishad.

17. (1) A Zino Parishad shall have the power to Power to acquire, hold and dispose of property and to enter into acquire, contracts. hold and dispose

(2) A hula Parishad may, with the previous sanction of of the State Government, acquire land under the provisions of property.

any law for the time being in .force for carrying out the purposes of this Act

18. (1) Subject to any general or -special directions of Power of the State Government, a hula. Parishad shall -have power Zilla to— Parishad.

(a)(i) undertake schemes or adopt measures, including the giving of financial assistance, relating to the development of agriculture, livestock, industries, co-operative movement. rural credit, watersupply, irrigation, public health and sanitation 2 12 The West Bengal Zilla Parishads Act, 1963.

[West Ben. Act (Part II.—Zilla Parishad.--Chtrpter IV. Powers, Functions and Duties of Zilla Parishath—Section 18.)

including establishment of dispensaries and hospitals, communications, primary or adult education including welfare of students, social welfare and other objects of general public utility;

(ii) undertake execution of any scheme, performance of any act, or management of any institution or organisation entrusted to it by the State Government or any other authority;

(iii) manage or maintain any work of public utility or any institution vested in it or under its control and management;

(iv) make grants in aid of any school, public library, public institution or public welfare organisation within the district;

(v) contribute such sums as may be agreed upon towards cost of maintenance of any institutions, situated outside the district, which are beneficial to, and habitually used by, the inhabitants of the district;

(vi) establish scholarships or award stipends within the State for the furtherance of technical or other special forms of education;

(vii) acquire and maintain village hats and markets;

(b) make grants to the Anchalik Parishads;

(c) contribute, with the approval of the State Government, such sum or sums as it may decide, towards the cost of water-supply or anti-epidemic measures undertaken by the commissioners of a municipality within the district;

(d) adopt measures for the relief of distress;

(e) co-ordinate and integrate the development plans and schemes prepared by Anchalik Parishads in the district; and

(f) examine and sanction the budget estimates of Anchalik Parishads in the district:

Provided that any general or special directions of the State Government to a Zilla Parishad in matters relating to Primary Education shall be issued by the Education Department.

(2) A 'lilies Parishad shall have the power to advise the State Government on all matters relating to the development of the district including the allocation of development work among Grain, Panch,ayests, Anchal Panchayats and A nehalik Parishads.

The :West Bengal Zit Parishada 'Act, 1963. 13 XXXV of 1963.]

(Part 11.—Zilla Parishad. Chapter 1V .—Powers, Functions and Duties of Zilla Parishad.—kS'ections 19-22.)

(3) Notwithstanding anything in sub-section (1), a Zilla Parishad shall not undertake or execute any scheme confined to a block unless the implementation of such a scheme is beyond the competence of the Anchalik Parishad concerned financially or otherwise. In the latter case the Zilla Parishad may execute the scheme itself or entrust its execution to the Anchalik Parishad and give it such assistance as may be required.

(4) A Zilla Parishad may undertake or execute any scheme if it extends to more than one block.

Ben. Aot 19. In a district to which the Bengal Vaccination Act, ZWa V of 1880, has been, or may hereafter be, extended, the Zilla Parishad

1880. Parishad shall exercise all or any of the powers exercisable to have by the Magistrate of the district under section 25 of the said °rem Act. Magistrate in district to which the Vaccination Act extends.

Ben. Act XV of

1932.

20. (1) The State Government may, from time to time, with the consent of the Zilla Parishad, place any road, bridge, ferry, channel, building or other property vested in the State Government and situated within the district under the control and management of the Zilla Parishad subject to such conditions as it may specify.

(2) The State Government may, notwithstanding anything contained in the Bengal Municipal Act, 1932, direct, after consultation with the commissioners of a municipality, that the control and maintenance of any road part of which runs through a municipality and is vested in' the commissioners of such municipality shall be taken over by the Zilla Parishad and that the commissioners of such municipality shall make such contribution for the maintenance of the road as may be agreed upon or as may be fixed by the State Government in the absence of agreement. On such direction being given the commissioners of the municipality shall cease to control and maintain such portion of the road as lies within such municipality.

21. A Zilla Parishad may take over the maintenance and control of any road, bridge, tank, ghat, well, channel or drain belonging to a private owner or any other authority on such terms as may be agreed upon.

22. A Zilla Parishad may divert, discontinue or close temporarily any road which is under its control and management or is vested in it, and may, with the approval of the State Government, close any such road permanently.

State Govern.

ment may place other property under Zilla Parishad.

Zulu Parishad may take over works.

Power of Zinn Parishad to divert discontinue or close road 14 The West Bengal Zilla' Parishads Act, 1963.

[West Ben. Act (Part II.—Zilla Parishad.—Chapter IV.-Powers, Functions and Duties of Zilla Parishad.—Sectiont 23-27.— Chapter V .—Estabbishment of the Zilla Parishad.— Sec4ion 28.)

Power of 23. A Zilla Parishad may transfer to the State Govern- Zilla or to an Anchalik Parishad any road or part of a road Parishad or any other property which is under its control or managetotransfer ds went, or which is vested in it, on such terms and conditions roa to the as may be agreed upon.

State Governmeat or Anoka/Go Pareshad.

Vesting 24. (1) A Zilla Parishad may be vested by the State of Zak; Government with such powers under any local or special Act Parishad as the State Government may think fit.

with certain (2) A Zilla Parishad shall perform such functions as may I of Powers. be transferred to it by notification under section 31 of the 1871.

Cattle-trespass Act, 1871.

(3) A Zilla Parishad shall exercise such other powers, perform such other functions or discharge such other duties as the State Government may, by general or special order, direct.

Joint 25. The Zilla Parishads of two OT more adjacent execution districts may jointly undertake and execute at common of schemes cost any development scheme or project or may jointly by two or establish a common ferry on such terms and conditions as more Zilla Pareshads.

may be agreed upon, and in case of any difference as to the interpretation of such terms and conditions the matter shall be referred to the State Government whose decision shall be final.

Power of 26, A Zilla. Parishad may require the owner or the Zilla Part- lessee of a fair or mela or an owner or a lessee of land shad to intending to hold a fair or 'raela thereon to obtain a licence grant in -this behalf from the Zilla Parishad on such terms and f ea r n :

for conditions as may be prescribed and on payment of a fee meld. for such licence.

Power of 27, A Zilla Parishad shall exercise general powers super- of supervision over Anchalik Parishads, Anchat Panchayats vision by and Grant Panchayats in the district and it shall be the Zilla duty of these authorities to give effect to any directions of Pariehad over the the Zilla Parishad on matters of policy or planning for Anchalik development.

Parishada, etc. CHAPTER V.

Establishment of the Zilla Parishad.

Staff of the 28. (1) There shall be an Executive Officer for a Zilla Zitla Parishad appointed by the State Government on such terms Parishad. and conditions as may be prescribed:

The -West Bengal Zilla Parishads Act, 1963. 15 XXXV of f963.3 . (Part Parishad.—Chapter V.—Establishment of Zilla Parishad.—Sections 29, 30.)

Provided that any person so appointed shall be recalled by the State Government if a resolution to that effect is passed by the Zilla Parishad, at a meeting specially convened for the purpose, by a majority of not less than two-thirds of the total number of members holding office for the time being.

(2) There shall be a Secretary of the Zilla Parishad to be appointed by the Zilla Parishad:

Provided that the District Panchayat Officer shall be the ex-officio Secretary for a period of four years from the date of the establishment of the Zilla Parishad under sub-section

(1) of section 3 and for such further period as the Zilla Parishad may, by a resolution passed to that effect and with the approval of the State Government, determine.

(3) A Zilla Parishad may appoint such other officers and employees as may be required by it and may fix the salaries to be paid to the persons so appointed:

Provided that no post carrying a monthly salary of rupees three hundred and one or more shall be created or abolished by the Zilla Parishad without the approval cf the State Government.

29. The State Government may place at the disposal of Placing the Zilla Parishad the services of such officers or other the , employees serving under it as it may think fit:

services of State

Provided that any such officer or employee shall be maGoevaetrnrecalled by the State Government if a resolution to that effect Officers is passed by the Zilla Parishad, at a meeting specially at the convened for the purpose, by a majority of not less than two- disposal of thirds of the total number of members holding office for the zilla.

time being :

Parashad.

Provided further that the State Government shall have disciplinary control over such officers and employees.

30. (1) The Executive Officer shall exercise general Control control over all officers and other employees of the Zina and Parishad. mPuennteho} e s

(2) The Executive Officer may award any punishment of th tho taff other than dismissal, removal or reduction in rank to an zoo officer or employee holding a post carryinc, a monthly salary Parishad.

of less than rupees three hundred but shallb not award any punishment to an officer or employee holding a post carrying a monthly salary of rupees three hundred or more.

(3) The Executive Officer may recommend the dismissal, removal or reduction in rank of an officer or employee holding a post carrying a monthly salary of less than rupees three hundred to the Finance and Establishment Committee 16 The West Bengal Zilla Parishads Act, 1963.

[West Ben. Act (Part 11.—Zilla Parishad.—Chapter V.—Establishment of the Zilla Parishad.—Sections 31, 32.—Chapter VI.— Standing Committees of the Zilla Parishad.—Section

33.)

and such Committee shall forward the case to the '/.idle Punished with its own recommendation, The Zilla Perished may, if it is satisfied with such recommendation of the Finance and Establishment Committee, dismiss, remove or reduce in rank any such officer or employee.

(4) No officer or other employee holding a post carrying a monthly salary df rupees three hundred or more shall be punished by the Zilla Parishad except by a resolution of the Zilla Perished passed at a meeting.

Appeal.

Exercise of powers, etc., by the officers and employees, Standing Committees.

31. (1) An appeal shall lie to the Zilla Perished against an order of punishment awarded by the Executive Officer under sub-section (2) of section 30 within one month from the date of that order.

(2) An appeal shall lie to the State Government against an order of punishment awarded by the Zilla Parishad wader sub-sections (3) and (4) of section 30 within one month from the date of that order.

32. Subject to the provisions of this Act and the rules framed thereunder and to any general or special directions given by the State Government in that behalf the officers and other employees employed by the Ztlla Perished and the officers and other employees whose services have been placed at the disposal of the Zilla Parishad shall exercise such powers, perform such functions and discharge such duties as the Zilla Perished may determine.

CHAPTER VI.

Standing Committees of the Zilla Parishad.

33. (1) A Zilla Parishad shall have the following Standing Committees, namely :—

(i) Finance and Establishment Committee,

(ii) Public Health Committee,

(iii) Public \\Torks Committee,

(iv) Agriculture and Irrigation Committee,

(v) Industry and Co-operation Committee,

(vi) Public and Social Welfare Committee,

(vii) Primary Education Committee as provided under section 38, and

(viii) such other Committee or Committees as it may constitute subject to the approval, or under any general or special direction, of the State Government.

The West Bengal ZilltParishads Act, 1963. 17 XXXV of 19631 (Part 11.—Zilla Parishad.—Chapter 1.—Standing Committees of the Zilla Parishad.—Sections 34, 35.)

(2) No person shall be a member of more than two Standing Committees.

(3) The provisions of sections 34, 35, 36 and 37 shall not apply to the Primary Education Committee.

34. (1) A Standing Committee shall consist _ of the following members—

(i) such number of persons not exceeding. nine as may be prescribed for each Zilla Parishad, to be elected by the members of the Zilla Parishad from among themselves;

(ii) not more than two persons being officers of the State Government or of the Zilla Parishad appointed by the State Government:

Provided that such officers shall not be eligible for election as Chairman of the Standing Committee and shall not have any right to vote;

(iii) not more than two persons having knowledge of, and experience in, the subjects assigned to the Standing Committee nominated by the Zilla Parishad.

(2) The members of a Standing Committee shall elect a Chairman thereof from among themselves:

Provided that—

(i) if the Chairman of the Zilla Parishad is elected a member of a Standing Committee, he shall be the ex-officio Chairman thereof, and

(ii) if the Vice-Chairman of the Zilla Parishad is elected a member of a Standing Committee of which the Chairman of the Zilla Parishad is not a member he shall be the ex-officio Chairman thereof.

Constitu• tion of Standing Commits tees.

35. (1) An elected member of a Standing Committee Term of shall hold office for a period of four years or for so long as office of he continues to be a member of the Zilla Parishad, which- grigag ever is earlier. Commit.

tees.

(2) An officer appointed as a member under clause (ii) of sub-section (1) of section 34 shall hold office until another officer is appointed to replace him.

(3) A nominated member shall hold office for a period of four years:

Provided that a nominated member shall continue in office after the expiry of the said period until a new member is nominated in his place.

18 The West Bengal Zilln Parishads Act, 1963.

[West Ben. Act (Part 11.—Zilla Parishad.—Chapter VT. —Standing Committees of the Zilla Parishad.—Seations 36-38.)

Term of office of Chairman.

Powers of Standing Committees.

36. A Chairman shall hold office for a period of four years or for so long as he continues to be a member of the Standing Committee, whichever is earlier :

Provided that the Chairman Shall continue to hold office until a new Chairman is elected and assumes office.

37. A Standing Committee shall exercise such powers, perform such functions and discharge such duties as may be prescribed or as may be assigned to it by the Zilla Parishad.

District 38, (1) The District School Board, constituted under School the Bengal (Rural) Primary Education Act, 1930, shall, Ben. Act Boar on funct subject to the provisions of sub-sections (3), (4) and (5), Viliosoc:f as function as the Primary Education Committee of the Zilla Primary Parishad and shall, subject to any general or special Education directions of the Education Department of the State Govern- Committee. ment, give effect to any instructions of the Zilla Parishad in so far as such instructions are not inconsistent with the provisions of the aforesaid Act.

(2) The instructions which may be given by the Zilla Parishad may include instructions regarding—

(a) the transfer of management of schools under the management of the District School Board to Anchalik Parishads, Anchal Panchayats or Gram Panchayats;

(b) the inspection of schools under the management of the District School Board, and of other sclmols the management whereof has been transferred to Anchalik Parishads, Anchal Panchayats, or Gram Panchayats, and the submission of reports of such inspection to the Zilla Parishad;

(c) the making of payments by way of contribution or otherwise to Anchalik Parishads, Anchal Panchayats or Gram Panchayats for meeting the cost of management of the schools so transferred or for giving grants-in-aid to primary schools within their jurisdiction.

(8) Notwithstanding anything contained in the Bengal Ben. Act (Rural) Primary Education Act, 1930, the State Government VII of may appoint two persons interested in education to be -

1930.

members of the District School Board.

(4) An appointed member, unless sooner replaced, shall hold office for a term of four years and may, on the expiry of the said term, be reappointed by the State Government:

Provided that an appointed member shall continue to hold office after the expiry of the said term until another member is appointed by the State Government in his place.

The West Bengal Zilla P arisliads lot, 1963.

10 XXXV of 1903.]

(Part 1.1.—Zilla Parishad.—Chapter VII. PropertyFinance and Taxation.—Sections.--39, 40.)

(5) The District Primary Education Fund shall not form part of the Zilla Parishad Fund but shall continue to be a separate Fund.

(6) Save as provided in sub-sections (1), (2), (3) and (4), the provisions of the Bengal (Rural) Primary Education Act, 1930 shall govern the constitution, powers, functions and duties of the District School Board.

CHAPTER VII.

Property, Finance and Taxation.

39, All roads, buildings or other works constructed by a Zulu Parishad from its Fund shall vest in it.

40. (1) For every Zilla Parishad there shall be constituted a fund to be called the Zilla Parishad Fund and there shall be placed to the credit thereof---

(a) contributions and grants, if any, made by the Central or the State Government including such part of land revenue collected in the district as may be determined by the State Government;

(b) contributions and grants, if any, made by an Anchalik Parishad or other local authority;

(c) loans, if any, granted by the Central or the State Government or raised by the Zilla Parishad on security of its assets;

(d) the proceeds of road cess levied in the district;

(e) all receipts on account of tolls, rates and fees levied by the Ma Parishdd ;

(I) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of, the Zilla Parishad;

(g) all sums received as gift or contribution and all income from any trust or endowment made in favour of the Zilla Paris/tad;

(70 such fines or penalties imposed and realised under the provisions of this Act or of the bye-laws made thereunder, as may be prescribed;'

(i) all 'other sums received by or. on behalf of the Zino.

Parishad.

Works eons.

truoted by Zak;

Pariehad to vest in it.

Zilla Pariehai Fund.

20 The West Bengal Zilla Parishads Act, 1963.

[West Ben. Act (Part 11.—Zilla Parishad.—Chapter V11. Property, Finance and Tawation.—Sections 41, 42.)

(2) The Zilla Parishad Fund shall be vested in the Zilla Perished and the amount standing to the credit of the fund shall be kept in such custody or invested in such manner as the State Government may, from time to time, direct

(3) All orders and cheques for payments from the Zillu Perished Fund shall be signed by the Chairman of the Zilla Perished or by any other member authorised by him in writing in this behalf.

Proceeds 41. Notwithstanding anything to the contrary in the Ben. Act of road Cess Act, 1880 the proceeds of road cess, if any, levied and Footif coca to be realised in a district shall be credited to the Zilla Perished I' credited to the Fund after payment of the expenses mentioned in section Zilla 109 of the said Act.

Parishad Fund.

Levy of 42. (1) Subject to such maximum rates as the State tolls, fees tliovernment may prescribe, a Zilla Parishad may— and rates.

(a) levy tolls on persons, vehicles or animals or any class of them at any toll-bar established by it on any road other than a kutcha road or any bridge vested in it or under its management,

(h) levy tolls in respect of any ferry established by it or under its management,

(i) fees on the registration of vehicles or boats;

(ii) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and Tildes within its jurisdiction as may be specified by the State Government by notification;

(iii) a water rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Zilla Perished within its jurisdiction;

(iv) a lighting rate, where arrangement for lighting of public streets and places is made by the Zilla Parishad within its jurisdiction.

(2) The Zilla Perished shall not undertake registration of any vehicle or boat or levy fee therefor and shall not provide sanitary arrangements at places of worship or pilgrimages, fairs and metes within its jurisdiction or levy fee therefor if such vehicle has already been registered by any other authority under any law for the time being in force or if such provision for sanitary arrangement has already been made by any other local authority.

The West Bengal Zilla Parishads Act, 1963. - 21 XXXV Of 1963.]

(Part II.—Zilla Parishad..—Chapter VIZ.—Property, Finance and Taxation.—Sections 43-48.)

43. (1) The scales of tolls, fees or rates and the terms Scales of and conditions for the imposition thereof shall be such as tolls, etc., o be may be provided by bye-laws. tprovided

(2) Such bye-laws may provide for exemption from all byaws. bye" l or any of the tolls, fees or rates in any class of cases.

44. A Zilla Parishad shall have power to spend such Expendia sums out of its Fund as it thinks fit— tuns from the Zilla

(a) for carrying out the purposes of this Act; Parishad

(b) for providing amenities for its officers and employees; Fund* and

45. A Zilla Parishad may, subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, raise from time to time, with the approval of the State Government, loans for the purposes of this Act, and create a sinking fund for the repayment of such loans.

46. (1) The Secretary shall in each year, before such date as may be prescribed, place before the Zilla PariELad the budget which - shall be prepared by the Finance and Establishment Committee showing the probable receipts and expenditure during the following year. The Zilla Parishad shall adopt the budget with such modifications as it may think fit.

(2) The budget so adopted shall be submitted to the State Government by such date as may be prescribed.

(3) The State Government may, within such time as may be prescribed, either approve of the budget or return it to the Zilla Parishad for such modifications as it may direct.

On such modifications being made, the budget shall be resubmitted within such time as may be prescribed for approval to the State Government. If the approval of the State Government is not received by the Zilla Parishad by the last date of the year, the budget shall be deemed to have been approved by the State Government.

• Zilla Pariehad may raise loans and create a) sinking fund.

Budget.

47; The Finance and Establishment Committee may, if suppleit finds it necessary to do so, prepare a supplementary or bmeuanta7 revised budget and if such a budget is prepared the provisions budge of section 46 shall apply thereto.

48. A Zilla Parishad shall keep an account of all Accounts.

• receipts and expenditure in such form as may be prescribed.

Audit.

22 The West Bengal Ziha Parishads Act, 1963.

[West Ben. Act (Part 11. Zilla Parishad.—Chapter' Property, Finance and Taxation.—Sectton 49.—Part Parishad.—Chapter VIII.—Constitution of the Anchalik Parishad.—Sections 50-52.)

49. (1) The accounts shall be audited as soon as may be after the end of each year by such agency and in such manner -ts may be prescribed.

(2) A Zilla Parishad shall pay out of the Zilla "'unshod Fund such sum as may be determined by the State Government by way of Sees for such audit.

Composition of Anchalik Parishad.

PART III.

Anchalik Parishad.

CHAPTER VIII.

Constitution of the Anchalik Parishad.

50. The State Government shall, by notification, divide a district into blocks each comprising such Anchals as may be specified in the notification.

51. (1) The State Government shall, by notification, establish for each block, with effect from such date as may be specified in the notification, an Anchalik Parishad bearing the name of the block.

(2) An Anchalik Parishad shall be a body corporate having perpetual succession and a common seal and may by its corporate name sue and be sued.

52. Subject to the provisions of sections 59 and RD, the following persons shall be members and associate member of the Anchalik Parishad, namely:—

(1) Members—

(a) Pradhans, and Presidents of the Union Boards within the block—ex-officio:

Provided that if any Pradhan communicates to the President of the Anchalik Parishad, in writing, his unwillingness to act as a member of the Anchalik Parishad, he shall with effect from the date of such communication, cease to be a member of the Anchalik Parishad; and the vacancy so caused shall be filled by election from among the members of the Anchal Panchayat of which he is the Pradhan in such manner and within such time as may be prescribed,

(b) one Adhyaksha from the territorial limits of each Anchal Panchayat elected by the Adhyakshas of that area from among themselves at such time and in such manner as may be prescribed:

Constitution of blocks.

Establishment of Anchalik Parishad.

The West Bengal Zilia Parishads Act, 1963. 23: • XXXV 1963A (Part 111.—Anchalik Parishad. Chapter V111.=-Constitution of the Anchalik Parishad.—Section 53)

Provided that if within the time fixed for the election, the Adhyakshas within the territorial limits of an Anchal Panchayat fail to elect the member, another election shall be held on such date as may be appointed by the State Government by notification to fill the vacancy and in case the Adhyakshas of such territorial limits still fail to elect the member at such second election, the State Governinent may appoint a member 'from among the Adhyakshas of such territorial limits and the person so appointed shall be deemed to be a duly elected member :

Provided further that if there be no Anoka?

Panchayat within the territorial limits of a Union Board the State Government may appoint a person residing within such territorial limits as a member,

(i) the House of the People or the Legislative Assembly of the State, elected thereto from a constituency comprising the block or any part thereof, not being a Minister,

(ii) the Council of States or the Legislative Council of the. State, not being a Minister, having a place of residence in the block,

(d) (i) two women, and

(ii) two persons belonging to a backward community, having a place of residence in the block, appointed by the State Government,

(e) two persons who have knowledge of, or experience in, social work or rural development, having a place of residence within the block, co-opted by the members in such manner as may be prescribed;

(?) Associate member— the Bloek Development Officer.

53. (1) A member referred to in sub-clause (a) of Prohibiclause (1) of section 52 shall not be elected a member under tion of the provisions of sub-clause (b) of clause. (1) of that section. Bimu'1tan°- OUB

(2) If a member referred to in any of the sub-clauses (a), member

(b), (d) and (e) of clause (1\ of section 52 is subsequently ship.

elected a member of the House of the People or the Legislative Assembly of the State or subsequently becomes a member of the Council of States or the Legislative Council of the State, he shall cease to be a member .of the Anchalile Parishad under the provisions of any such sub-clause.

24 The West Bengal Zilla Parishad® Act, 1963.

[West Ben. Act (Pan III.—Anchalik Parishad.—Chapter VI11.—Constitution of the Anchalik Parishad.—Sections 54, 55.)

Tenure of 54. (1) A. member elected under the proviso to suboffice. clause (a) of clause (1) of section 52 shall hold office for a period of four years or for so long as he continues to be a member of the Anchal Panchayat or until a new Praclhan of the Anchal Panchayat is elected, whichever is earlier.

(2) A member elected under sub-clause (b) of clause (1) of section 52 shall, subject to the provisions of section 53, hold office for a period of four years or for so long as he continues to be the Adhyaksha, whichever is earlier.

(3) A member appointed under the second proviso to subclause (b) of clause (1) of section 52 shall vacate office immediately on the establishment of an Anchal Panchayat for the area and the election of a Pradhan thereof.

(4) A member appointed under the first proviso to subclause (b) of clause (1) of section 52 and a member appointed under sub-clause (d) of clause (1) of that section shall bold office for a period of four years:

Provided that such a member shall continue to hold office on the expiry of the said term until another member is appointed by the State Government in his place.

(5) A member co-opted under sub-clause (e) of clause

(1) of section 52 shall hold office for a period of four years.

(6) If any Pradhan or if any person referred to in subclauses (d) and (e) of clause (1) of section 52 be disqualified to be a member, the vacancy shall be filled in such manner and for such period as may be prescribed.

President 55. (1) There shall be a President and a Vice-President and Vice- for an Anchalik Parishad elected by the members thereof President' from among the members referred to in clause (1) of section 52.

(2) The President and the Vice-President shall, subject to the provisions of section 57 and to his continuing as a member, hold office for a period of four years:

Provided that a President or Vice-President shall continue in office after expiry of the said period until a new President or Vice-President is elected and ass ;nes office.

(3) (a) When the office of the President falls vacant by reason of death, resignation or removal or is otherwise vacant, or

(b) when the President is, by reason of leave, illness or other cause, temporarily unable to exercise the powers, perform the functions and discharge the duties of his office, the Vice-President shall. exercise the powers, perform the functions and discharge the duties of the President until a new President is elected and assumes office or until the President resumes his duties, as the case may be.

The West Bengal Zilla Perished% Act, 1963.

25 XXXV of 19634 (Part 111.—Anchalik Parishad.—Chapter V111.—Constztutien of the Anchalik Parishad.—SectVons 56, 57.)

(4) (a) When the office of the Vice-President falls vacant by reason of death, resignation or removal or is otherwise vacant, or

(b) when the Vice-President is by reason of leave, illness or other cause, temporarily unable to exercise the powers, perform the functions and discharge the duties of his office, the President shall exercise the powers, perform the functions and discharge the duties of the Vice-President until a new Vice-President is elected and assumes office or until the Vice-President resumes his duties, as the case may be.

(5) When the offices of the President and the Vice- President are both vacant, the State Government may appoint a President and a Vice-President from among the members to act as such until a President and a Vice- President are elected and assume office.

(6) If a Pradhan or an Adhyaksha is elected as President or Vice-President of an Anchalik Parishad, he shall vacate the office of the Pradhan or the office of the Adhyaksha, as the case may be, but shall, notwithstanding the provisions of section 52 and sub-section (1) of this section, continue as the member and the President or the Vice-President of the Anchalik Parishad.

56, The President or the Vice-President shall have hill access to all records of the Anchalik Parishad and may obtain report from the Chief Executive Officer on any matter connected with the administintion or work of the Anchalik Parishad.

57. (1) If the State Government is of opinion that the President or the Vice-President of an Anchalik Parishad—

(a) is incapable of exercising his powers, performing his functions or discharging his duties, or

(b) wilfully neglects or rofuses to carry out the directions of the State Government given under the provisions of this Act, or

(c) abuses his powers, or 1,c7) is liable to be removed on any of the grounds mentioned in section 60, tie State Government may, after giving the President or the Vice-President, as the case may be, an opportunity of being heard, by order, remove him from office and he shall thereupon cease to be a member of the Anchalik Parishad and also cease to be a member of, or to hold any office in, any of the bodies constituted under this Act.

President or Vies.

President to have access to records or to obtain report.

Removal of the President and the Vice- President.

Filling of vacancies caused by action taken under section 57.

Disqualifications of members of Anchalik Parishad.

26 The West Bengal Zilla Parishads Act, 1963.

IWO Ben. Act (Part 111.—Anchalik Parishad. Chapter VIII.—Constitution of the Anchalik Parishad.—Sections 58, 59.)

(2) If a motion of no-confidence against the President.or the Vice-President is carried—

(a) by the votes of less than two-thirds of the total number of - members of the Anchalik Parishad holding office for the time being the State Government may, and

(b) by the votes of not less than two-thirds of the total - number of members of the Anchalik Parishad holding office for the time being the State Government shall, remove such- President or Vice-President, as the case may be, from office.

58. (1) When the President or the Vice-President •is removed under section 57, the vacancy so caused shall be filled by election in such manner as may be prescribed.

(2) A President or a Vice-President elected under subsection (1) shall hold office for the remainder of the term of his predecessor in office.

(3) A President or a Vice-President removed from office under sub-section (1) of section 57 on any of the grounds enumerated in clauses (a), (b) and (c) of that sub-section and clauses (a) and (c) of sub-section (4) of section.

60 shall not be eligible for election or appointment as a member of, or for election or appointment to any office in, any of the bodies constituted under this Act for a period of four years from the date of such removal.

59. A person shall not be qualified to be a member of an Anchalik Parishad, if—

(a) he is under twenty-five years of age; or

(b) he is an officer or employee of the Zilla Parishad, an Anchalik Parishad within the district or any Standing Committee thereof; or

(d) he has been adjudged by a competent court to be of unsound mind; or

(e) he is an undischarged insolvent; or CO he being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or

(g) he is in arrears for more than a year in respect of any tax, rate or fee payable under this Act or the West Bengal Panchayat Act, 1957; or West Ben.

A191715 of The West Bengal Zilla Parishadis Act, 1963. 27 XXXV of 1963.]

(Part M.—Anchalik Parishad.—Chapter VIM—Constitution of the Anchalik Parishad.—Section, 60.)

(h) he has been convicted and sentenced to undergo imprisonment by a court for an offence involving moral turpitude punishable with imprisonment for a period of more than six months, and five years have not elapsed from the date of the expiration of the sentence unless the State Government on sufficient cause having been shown shall have removed the disqualification by an - order made in this behalf.

60. (1) No, member or associate member of the Anchalik Parishad shall, directly or indirectly by himself, partner, employer or employee, have any share or interest in any contract other than a share or interest in any company as I of 1956. defined in the Companies Act, 1956, or in a Co-operative Society registered under the Bengal Co-operative Societies Ben XXI oft Act, 1940, which is a party to any such contract, with, by or 1940, on behalf of the Anchalik Perished.

(2) If any member or associate member acquires any such share or interest he shall cease to be a member of the Anchalik Parishad with effect from such, date as the State Government may specify.

(3) If a member acts as a lawyer against the Anchalik Parishad in any legal proceedings to which the Anchalik Parzshad is a party heshall cease to be a member of the Anchalik Parishad with effect from such date as the State Government may specify.

(4) The State Government may, after giving an opportunity to a member or an associate member to show cause against the action proposed to be taken against him, by au order in writing, remove him from office—

(a) on the grounds of misconduct in the discharge of his duties; or

(b) if be refuses to act or becomes incapable of acting as such member; or if after he becomes a member he is convicted by a court of an offence involving moral turpitude punishable with imprisonment for a period of more than six months; or

(d) if he is absent from six consecutive meetings of the Anchalik Parishad without sufficient 'cause; or

(e) if he is in arrears for more than one year in respect of any tax, rate or fee payable under this Act or the West Bengal Panchayat Act, 1957; or

(e) West Ben, Act I of

1967.

3 Remova eta member of the litachalik Parishad.

28 The West Bengal Zilla Parishads Act, 1963.

(West Ben Act (Part 111.—.A.nchalik Parishad.—Chapter 17111.—Constitution of the Anchalik Parishad.—Section 61. Chapter IX—Transaction of Business.—Section 62.)

(f) if he was disqualified to be a member of the Anchalik Parishad at the time when he became a member;

(g) if he incurs any of the disqualifications mentioned in clauses <c), (d), (e) and CO of section 59 after becoming a member of the Anchalik Parishad.

Resignao tion of President, Vice- President or a member.

Meetings.

61. The President or the Vice-President or a member referred to in clause (1) of section 52 may resign his office by notifying in writing his intention to do so to the prescribed authority and shall vacate his office on such resignation being accepted and the vacancy so caused shall be filled in such manner as may be prescribed.

CHATTER IX.

Transaction of Business.

62, (1) An Anchalik Parishad shall hold a meeting at least once a month at its office on such nate and at such time as the President may fix after giving at least ten clear days' notice to the members and the associate member of the Anchalik Parishad:

Provided that the President may, in case of emergency, call a special meeting after giving at least three clear days' notice to the members and the associate member of the Anchalik Parishad:

Provided further that, when so requested by a requisition in writing by not less than one-third of the members of the Anchalik Parishad, the President shall, within seven days of the receipt by him of such requisition, give ten clear days' notice of a meeting of the Anchalik Parishad to be held within fifteen days of the date of such notice failing which the signatories to the requisition may, after sending intimation to the prescribed authority, call such meeting after giving at least ten clear days' notice to the President, other members and the assniate member of the Anchalik Parishad.

(2) The President or, in his absence, the Vice-President shall preside at a meeting of the Anchalik Parishad, and, in the absence of both the President and the Vice-President, the members present shall elect one from among themselves to be the president of the meeting.

(3) Not less than one-third of the total number of members shall form a quorum for a meeting.

The West Bengal Zilla Parishads Act, 1963. 29 XXXV of 1963.]

(Part M.—Anchalik Parishad.—Chapter 'X. —Transaction of Business.—Section 63.—Chapter X.—Powers, Duties and Functions of Anchalik Parishad.—Sections 64, 65.)

(4) All questions coming before a meeting shall be decided by the votes of the majority of members :

Provided that the associate member shall have no right to vote:

Provided further that in case of equality of votes the person presiding shall have a second or casting vote.

63. An Anchalik Parishad may, at a meeting specially convened for the purpose, by a resolution delegate to its President and Vice-President such of its powers, functions and duties as it may think fit, subject to such conditions and restrictions as may be prescribed, and may by a like resolution withdraw all or any of such powers, functions and duties.

CHAPTER X.

Powers, Duties and Functions of Anchalik Parishad.

64. (1) An Anchalik Parishad shall have the power to acquire, hold and dispose of property and to enter into contracts.

(2) An Anchalik Parishad may, with the previous sanction of the State Government, acquire land under the provisions of any law for the time being in force for carrying out the purposes of this Act.

65. (1) An Anchalik Parishad shall have power to—

(a) (i) undertake schemes or adopt measures, including the giving of financial assistance relating to the development of agriculture, livestock, cottage industries, co-operative movement, rural credit, water-supply, irrigation, public health and sanitation including establishment of dispensaries and hospitals, communications, primary or adult education including welfare of students, social welfare and other objects of general publio utility;

undertake execution of any scheme, performance of any act, or management of any institution or organisation entrusted to it by the State Government or any other authority;

1 manage or maintain any work of public utility or any institution vested in it or under its control and management;

Ii Delegation of fanotions of Anchalik Parishad to its President, Power to aoquire, hold and dispose of property.

Power of Anemia Parishad.

30 The West Bengal Zilla Paiishads 'get, 1963.

[West Ben. Ac t (Part 111.—Anchalik Parishad.—Chapter X. Powers, Duties and Functions of Anchalik Parishad.—Sections 66, 67.)

(ip) make grants in aid of any school, public library, uublic institution or public welfare organisation within the block;

lb) make grants to the Zilla Parishad or AnchaZ Panchayats;

(c) contribute with the approval of the State Government such sum or sums as it may decide, towards the cost of water-supply or anti-epidemic measures undertaken by a municipality within the block;

(i) adopt measures for the relief of distress;

(a) co-ordinate and integrate the development plans and schemes prepared by Anchal Panchagats in the blocks, if and when necessary.

(21 Notwithstanding anything in Sub-section (1), an Anchalik Parishad shall not undertake or execute any scheme confined to an area over which a Gram Panchayat has jurisdiction unless the implementation of such a scheme is beyond the competence of the Grain Panchayat cencerned.

financially or otherwise. In the latter case the Anchalik Parishad may execute the scheme itself or entrust its execution to the Gram Panchayat or the Anchal Panchayat and give it such assistance as may be required.

(.31 An Anchalik Parishad may undertake or execute any scheme if it extends to more than one Anchal.

State Government may place other property under Anchalik Parishad. Provided that the State Government may, after considering the views of the Anchalik Parishad, withdraw such control and management to itself subject to such conditions as it maTT specify.

Power of 67. Au Anchalik Parishad may transfer to the State Amigaik Government or the Zilla Parishad any road or part of a road.

Parishad or any other property which is under its control or manage- to transfer roads or ment, or which is vested in it, on such terms and conditions properties as may be agreed upon.

to the State Government or the Zilla Parishad.

66. The State Government may, from time to time, with the consent of the Anchaltk Parishad, place any road, bridge, ferry, channel, building or other property vested in the State Government and situated within the block under the control and management of an Anchalik Parishad subject to such conditions as it may specify:

The West Bengal Zilla Parishads Act, 1963. 31 XXXV of 1963.]

(Part 111.—Anchalik Parishad.—Chapter X.—Powers, Duties and Functions of Anchalik Parishad.—Sections 68-72.)

68. An Anchalik Perished may take over the maintenance and control of any road, bridge, tank, ghat, well, channel or drain belonging to a private owner or any other authority on such terms as may be agreed upon.

G9. An Anchalik Parishad may divert, discontinue or close temporarily any road which is under its control and management or is vested in it, and may, with the approval of the State Government, close any such road permanently.

70. (1) An Anchalik Parishad may be vested by the State Government with such powers under any local or special Act as the State Government may think fit.

(2) An Anchalik Parishad shall perform such functions as may be transferred to it by notification under section 31 of 1871. of the Cattle-trespass Act, 1871.

(3) An Anchalik Perished shall exercise such other powers, perform such other functions or discharge such other duties as the State Government may, by general or special order, direct.

Anchalik Perished may take over works.

Power of Anchalik Perished to divert, (Ewentinue or close road.

Vesting Anchalik Perished with certain powers.

71. An Anchalik Parishad shall exercise general powers Power of of supervision over Anchat Panchayats and Gram Panchayats supers in the block and it shall be the duty of these authorities to syreentibLk give effect to the directions of the Anchalik Perished on Perished matters of policy or planning for development. over the Arland Panchayats, etc.

72. (1) No place within a block shall be used without a Power to licence, which shall be renewable annually, granted by the prohibit Anchalik Parishad for any trade or business declared by the ceotrertnasive State Government, by notification, to be offensive or and dangerous. dangerous trades without licence and to levy fee.

(2) The Anchalik Perished may levy in respect of any licence granted by it under sub-section (1) a fee subject to the maximum rate prescribed by the State Government under sub-section (1) of section 86, and may impose such conditions in respect of such licence as may be considered necessary.

(31 Whoever uses without a licence any place for the purpose of any trade or business declared under sub-section

(1) to be offensive or dangerous, or fails to comply with any condition in respect of such licence, shall be punished with a fine which may extend to rupees one hundred, and to a further fine which may extend to rupees twenty-five for each day after conviction during which he continues to do so.

32 The West Bengal Zilla Parishads Act, 1963.

[West Ben. Act (Part 111.—Anchalik Parishad. Chapter X.—Powers, Duties and Functions of Anchalik Parishad.—Section

73.—Chapter .—Establishment of the Anchalik Parishad.—Sections 74, 75.)—

(4) The Anchalik Parishad, upon the conviction nf any person for failing to comply with any condition of a licence granted under sub-section (1), may suspend or cancel such licence.

Power of Anchalik Parishad to grant licence for hat or market.

Staff of the Anchattk Parsahad.

Placing the services of State Government officers at the disposal of Anchalik Parishad.

73. An AndSalik Parishacl may require the owner - or the lessee of a hat or market or an owner or a lessee of land intending to hold a hat or market thereon, to obtain a licence in this behalf from the Anchalik Parishad on such terms and conditions as may be prescribed and on payment of a fee for such licence.

CHAPTER XI.

Establishment of the Anchalik Parishad.

74. (1) There shall be a Chief Executive Officer for• an Anchalik Parishad and the Block Development Officer shalt be the ex-officio Chief Executive Officer :

Provided that such Block Development Officer shall be recalled by the State Government if a resolution to that effect is passed by the Anchalik Parishad, at a meeting specially convened for the purpose, by a majority of not less than twothirds of the total number of members holding office for the time being.

(2) An Anchalik Parishad may appoint such other officers and employees as may be required by it and may fix the salaries to be paid to the persons so} appointed:

Provided that no post carrying a monthly salary of rupees two hundred or more shall be created or abolished by the Anchalilc Parishad without the approval of the Commissioner.

75. The State Government may place at the disposal of the Anchalik Parishad the services of such officers or other employees serving under it as it may think fit:

Provided that any such officer or employee shall be recalled by the State Government if a resolution to that effect is passed by the Anchalik Parishad, at a meeting specially convened for the purpose, by a majority of not less than two-thirds of the total number of members 1. olding office for the time being:

Provided further that the State Government shall have disciplinary control over such officers and employees.

frr The West Bengal Zilla Parishads Act, 1963. 33 XXXV of 19133A (Part 111.--Anchalik Parishad.—Chapter X1—Establishment of the Anchalik Parishad.—Sections 76-78.— Chapter X11 .—Standing Committees of the Anchalik Parishad.—Section 79.)

76. CO The Chief Executive Officer shall exercise general Control control over all officers and employees of the Anchalik Perished. ment of the staff

(2) The Chief Executive Officer may award any punish- of the ment other than dismissal, removal or reduction in tank to Anchalik an officer or employee holding a post carrying a monthly Parishad.

salary of less than rupees two hundred but shall not award any punishment to an officer or employee holding a post carrying a monthly salary of rupees two hundred or more.

(3) The Chief Executive Officer may recommend the dismissal, removal or reduction in rank of an officer or employee holding a post carrying a monthly salary of less than rupees two hundred to the Finance and Establishment Committee and such Committee shall forward the case to the Anchalik Perished with its own recommendation. The Anchalik Parihad may, if it is satisfied with such recommendation of the Finance and Establishment Committee, dismiss, remove or reduce in rank any such officer or employee.

(4) No officer or other employee holding a post carrying a monthly salary of rupees two hundred or more shall be punished by the Anchalik Perished except by a resolution of the Anchalik Perished passed at a meeting.

77. (1) An appeal shall lie to the Anchalik Perished against an order of punishment awarded by the Chief Executive Officer under sub-section (2) of section 76 within one month from the date of that order.

(2) An appeal shall lie to the Commissioner against an order of punishment awarded by the Anchalik Perished under sub-sections (3) and (4) of section 76 within one month from the date of that order.

78. Subject to the provisions of this Act and the rules framed thereunder and to any general or special directions given by the State Government in that behalf the officers and other employees employed by the Anchalik Perished and the officers and other employees whose services have been placed at the disposal of the Anchalik Perished shall exercise such powers, perform such functions and discharge such duties as the Anchalik. Perished may determine.

CHAPTER XII.

Standing Committees of the Anchalik Perished.

79. (1) An Anchalik Perished shall have the following Standing Committees, namely :—

(i) Finance and Establishment Committee,

(ii) Public Health Committee.

Exercise of powers, etc., by the officers and employees.

Appeal.

Constitntion of Standing Committees.

Term of office of members of Standing Committees.

34 The West Bengal Zilla Parishads act, 1963:

[West Ben. Act Vert 111.—Anehalik Parishad.—Chapter ATT.—Standing Committees of the Anchalik Parishad.—Sections 80, 81.)

(iii) Public iWorks Committee,

(iv) Agriculture and Irrigation Committee,

(v) Industry "and Co-operation Committee,

(vi) Public and Social Welfare Committee,

(vii) Primary Education Committee, and - (viii) such other Committee or Committees as it may constitute subject to the approval, or under any general or special directions, of the State Government

(2) No person shall be a member of more than two Standing Committees

80. (1) A Standing Committee shall consist of the following members—

(i) five persons to be elected by the members of the Anchalik Parishad from among themselves;

(ii) not more than two persons being officers of the State Government or of the Anchalik Perished appointed by the State Government :

Provided that such officers shall not be eligible for election as Chairman of the Standing Committee and shall not have any right to vote;

(iii) not more than two persons having knowledge of, and experience in, the subjects assigned to a Standing Committee nominated by the Anchalik Perished.

(2) The members of a Standing Committee shall elect a Chairman thereof from among themselves:

Provided that—

(i) if the President of the Anchalik Perished is elected a member of a Standing Committee, he shall be the ex-officio Chairman thereof, and

(ii) if the Vice-President of the Anchalik Parishad is elected a member of a Standing Committee of which the President of the Anchalik Parishad is not a member he shall be the ex-officio Chairman thereof

81. (1) An elected member of a Standing Committee shall hold office for a period of four years or for so l°ng as he continues to be a member of the Anehalik Parishad, whichever is earlier.

The.-West Bengal Zilla Parishade 'Act, 1963. 35 XXXV of i963.1 (Part 111.—Anchalik Parishad.—Chapter X11.—Standing Committees of the Anchalik Parishad.—Sections 82,

83.—Chapter XIII —Property, Finance and Taxation.

—Sections 84, 83.)

(2) An officer appointed as a member under clause (ii) of sub-section (1) of section 80 shall hold office until another officer is appointed to replace him

(3) A nominated member shall hold office for a period of four years:

Provided that a nominated member shall continue in office after the expiry of the said period until a new member is nominated in his place.

82. A Chairman shall hold office for a period of four Terra of years or for so long as he continues to be a member of the °ffi'6" Standing Committee, whichever is earlier :

Chairman.

Provided that the Chairman shall continue to hold office until a new Chairman is elected and assumes office.

83. A Standing Committee shall exercise such powers, Powers of per form such functions and discharge such duties as may be Standing Pre scribed or as may be assigned to it by the Anchalik Commit- tees. Parishad:

CHAPTER XIII.

Property, Finance and Taxation.

84. All roads, buildings or other works constructed by Works an Anchalik Parishad from its Fund shall vest in it. eons.

truoted by Anchalik Parishad to vest M

85. (1) For every Anchalik Parishad there shall be constituted a fund to be called the Anchalik Parishad Fund and there shall be placed to the credit thereof— contributions and grants, if any, made by the Central or the State Government;

(b) contributions and grants, if any, made by the Z///a. Parishad or other local authority;

(c) loans, if any, granted by the Central or the State Government or raised by the Anchalik Parishad on security of its assets;

(d) all receipts on account of tolls, rates and fees levied by it;

all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of, the Anchalik Parishad;

(a)

(e) Anchalik Parishad Fund.

36 The West Bengal Zilla Parishads Act, 1963.

[West Ben. Act (Part 111.—Anchalik Parishad.--Chapter 1111.—Property;

Finance and Tawatson.--.Section 86.)

(f) all sums received as gift or contribution and all income from any trust or endowment made in favour of the Anchalik Parishad;

(g) such fines or penalties imposed and realised under the provisions of this Act or of the bye-laws made thereunder, as may be prescribed; and

(h) all other sums received by or on behalf of the Anchalik Parishad.

(2) The Anchalik Parishad Fund shall be vested in the Anchalik Parishad and the balance standing to the credit of the fund shall be kept in such custody as the State Government may, from lime to time, direct.

(3) All orders and cheques for payments from the Anchalik Parishad Fund shall be signed by the President of the Anchalik Parishad or by any other member authorised by him in writing in this behalf.

Levy of • tolls, rates and fees.

86. (1) Subject to such maximum rates as the State Government may prescribe, an Anchalik Parishad may—

(a) levy tolls on persons, vehicles or animals or any class of them at any toll-bar established by it on any road other than a kutcha road or any bridge vested in it or under its management;

(b) levy tolls in respect of any ferry established by it or under its management;

(i) fees on the registration of vehicles;

(ii) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and melas within its jurisdiction as. may be specified by the State Government by notification;

(iii) a fee for licence for a hat or market held within its jurisdiction;

(iv) a fee for licence referred to in sub-section

(2) of section 72;

(v) a water rate, where arrangement for the supply of water for drinking, irrigation or any other purpose is made by the Anchalik Parishad within its jurisdiction;

(vi) a lighting rate, where arrangement for lighting of public streets and places is made by the Anchalik Parishad within its jurisdiction.

• re- The West Bengal Zilla Parishads Act, 1963. 37 xxxv ot fah.]

• (Part Ht—Anchalik Parishad.—Chapter XIII. —Property, Finance and Taxation.—Sections 87-90.)

(2) An Anchalik Parishad shall not undertake registration of any vehicle or levy fee therefor and shall not provide sanitary arrangements at places of worship or pilgrimages, fairs and rnelas within its jurisdiction or levy fee therefor if such vehicle has already been registered by any other authority under any law for the time being in force or if such provision for sanitary arrangement has already been made by any other local authority.

87. (1) The scales of tolls, fees or rates and the terms Scales ot to and conditions for the imposition thereof shall be such asus, ete., may be provided by bye-laws.

provided by ye (2) Such bye-laws may provide-for exemption from all or hnn.

any of the tolls, fees or rates in any class of cases.

88. An Anchalik Parishad shall have power to spend such sums out of its Fund as it thinks fit—

(a) for carrying out the purposes of this Act;

(b) for providing amenities for its officers and employees;

and

89. An Anchalik Parishad may, subject to the provisions of any law relating to the raising of loans by local authorities for the time being in force, raise from time to time, with the approval of the State Government, loans for the purposes of this Act, and to create a sinking fund for the repayment of such loans.

• 90. (1) The Chief Executive Officer shall in each year, before such date as may be prescribed, place before the Anchalik Parishad the budget, which shall be prepared by the Finance and Establishment Committee, showing the probable receipts and expenditure of the following year and the Anchalik Parishad shall adopt the budget with such modifications as it may think fit.

(2) The budget so adopted shall be submitted to the Zilla Parishad by such date as may be prescribed.

(3) The Zilla Parishad may, within such time as may be prescribed, either approve of the budget or return it to the Anchalik Parishad for such modifications as it may direct. On such modifications being made the budget shall be resubmitted within such time as may be prescribed for approval to the Zilla Parishad. If the approval of the Zilla Parishad is not received by the Anchalik Parishad by the last date of the year, the budget shall be deemed to be approved by the Zilla Parishad.

Expenditure from the Anchalik Perished Fund.

Anchalik Perished may raise loans.

Budget.

Validation.

Backward commu- Members, officers and employees to be public servants.

Supple.

mentary budget.

Accounts and Audit.

38 The West Bengal Zilla Parishads. Act, 1963.

Nest Ben. Act (Part 111.—Anchalik Parishad.—Chapter XIII.—Property, Finance and Taration.—Sections 91, 92.—Part IV.— Chapter XIV.—Miscellaneons.—Sections 93-95.)

91. The Finance and Establishment Committee may, if it finds it necessary to do so, prepare a supplementary or revised budget and if such a budget is prepared the provisions of section 90 shall apply.

92. (1) An Anchalik Parishad shall keep such accounts and subnilt such statements relating to accounts to the State Government and the Zilla Parishad as may be prescribed.

(2) Accounts of receipts and expenditure of every Anchalik Parishad shall be maintained in such forms as may be prescribed.

(3) The Chief Executive Officer shall submit quart-At statements, in such form as may be prescribed, of income and expenditure of the Anchalik Parishad to the Zilla Parishad with his comments.

(4) The accounts shall be audited as soon as may be after the end of each year by such agency and in such manner as may be prescribed.

(5) An Anchalik Parishad shall pay out of the Anchalik Parishad Fund such sum as may be determined by the State Government by way of fees for such audit.

PART IV.

CHAPTER XIV.

Miscellaneous.

93. No act or proceeding of a Zilla Parishad or an Anchalik Parishad or of any Standing Committee thereof shall be deemed to be invalid merely by reason of the existence of any vacancy in the Zilla Parishad or Anchalik Parishad or in any Standing Committee thereof, or any defect or irregularity in the constitution of the Zilla Parishad or Anchalik Parishad or any Standing Committee thereof.

94. The State Government may, by notification, specify for the purposes of this Act, the community which is in its opinion socially, economically or educationally backward.

95. All members, associate members, officers and employees of the Zilla Parishad or the Anchalik Parishad shall be deemed, when acting or purporting to act in pursuance of the discharge of their duties, or in the exercise of their powers under this Act or under the rules, regulations or bye-laws made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code.

Aot XLV of 1860.

The West Bengal Zilla Parishads Act, 1963. 39 XXXV of 1963.j (Part IV.—Chapter XIV.—Nriscellaneous.—Sections 96-

100.)

96. No suit or other legal proceeding shall lie against Indemnity.

the Zilla Parishad or the Anchalik Parishad or against any member or associate member of such Parishad or of any Standing Committee thereof or any officer or employee of such Parishad for anything in good faith done or intended to be done in pursuance of this Act or of any rules, regulations or bye-laws made thereunder.

97. (1) No suit shall be brought against the Zilla No suit Parishad or Anchalik Parishad) or any of its member or to be baroushtt a associate member or any officer or employee for anything done under this Act or under the rules, regulations membersg or bye-laws made thereunder, until the expiration of one of the month next after notice in writing, stating the cause of Zina.

action and the name and place of residence of the person orranshed who intends to bring the suit, has been delivered or left Anchauk at the office of such Parishad and also if the suit is Parishad intended to be brought against any officer or employee of or their office such Parishad at the place of residence of such officer or until rs after t• employee.

notice.

(2) Every such suit shall be commenced within three months from the date of service of the notice under subsection (1) and not afterwards.

(3) No such suit shall lie if any such person to whom notice is given shall, before the suit is commenced, tender sufficient amends to the plaintiff.

98. The Zilla Parishad or the Anchalik Parishad may Power pay compensation out of the Zilla Parishad Fund or the to make Anchalik Parishad Fund, as the case may be, to any person collaPen• sustaining any damage by reason of the exercise of any of the osauttmonf powers conferred by this Act or the rules, regulations or zata bye-laws made thereunder. Parishad or Anchalik Parishad Fund.

99. If any dispute arises between two or more Anchal Reference Panchayats or between an Anchal Panchayat and any of its of disputes constituent arain, Panehayat within the jurisdiction of the to same Anchalik Parishad, it shall be referred to the Anchalik Anchalilc Parishad by any party to the dispute. The decision of the Anchalik Parishad on such dispute shall be final.

100. Tf any dispute arises between an Anch,a1Panchayat Reference and an Anchalik Parishad or between two or more Anehalik of disputes Parishads within the jurisdiction of the same Zilla Parishad, to Zola - it 'shall be referred to the Zilla Parishad by any party to the Parishad.

dispute. The decision'of the Zilla Parishad on such dispute shall be final.

The West Bengal Zilla Parishade Act, 1963.

(West Ben. Act (Part IV.—Chapter XIV .—Miscellaneaus.—Sections 101-

104.)

Reference 101. If any dispute arises between two or more of disputes Ztlla Parisha,ds or between a Zilla Parishad and an Anchalik to State Parishad within its jurisdiction, it shall be referred to the Governmeat. State Government ,by arey party to the p . The decision of the State Government on such dispute shall be final.

Disputes 102. (1) If any dispute arises as to the validity of an as to election Under this Act, any person entitled to vote at such election, election may, within thirty days after the date of the declaration of the result Of such election, file a petition, calling in question such election, before the District Judge of the district within which the election his been held and shall at the same time deposit rupees two hundred in court as security for the costs likely to be incurred:

Provided that the District Judge may transfer such petition to any judicial officer subordinate to him and not below the rank of Subordinate Judge, and the District Judge or such judicial officer (hereinafter referred to as the Judge) may hold such inquiry as he deems necessary.

(2) The procedure to be followed by the Judge including all matters relating to the filing of such petition shall be such as may be prescribed.

(3) The Judge shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oath, enforcing the attendance of witnesses and compelling the discovery and production of documents.

(4) The decision of the Judge shall be final and shall not be called in question in any court.

103. Any officer of the State Government authorised by the State Government in this behalf, shall be entitled to attend meetings of the Zilla Parishad or the Anchalik Parishad, as the case may be, and of any Standing Committee thereof, for the purpose of furnishing facts, information, and technical advice but shall not be entitled to vote at any such meeting.

104. (1) The Commissioner or any other officer not below the rank of a Deputy Collector, authorised by the State Government in this behalf, may at any time—

(a) call for and inspect any document which m be in the possession of a Zilta Parishad or an Anchalik Parishad;

(b) require a Zilla Parishad or an Anchalik Pa/irked to furnish such information as he may think necessary;

(c) inspect the office of •a Wks Parishad or an Anchalik Parishad or any institution maintained by or under the control of a Zilla Parishad or an Power of State Government officers to attend meetings.

l.npaetion by the 001021:11iBr 'onor.

The West Bengal Zilla Parishade Act, 1963. 41 XXXV of 1963.1 (Part IV.—Chapter XIV .—Miscellaneous.—Seetions 105-

107.)

Anchalik Parishad, and also inspect any records, registers or any other document maintained by such institution.

(2) When an inspection is undertaken under clause (c) of sub-section (1) a report of such inspection shall be submitted to the State Government.

105. The State Government may, by notification, pelageilelegate subject to such conditions as it may specify all ton.

or any of its powers under this Act except the powers mentioned in sections 9, 12, 57, 60, 107, 108, 112, 116 and 117 to any person or authority subordinate to it.

106. (1) The State Government may transfer any Transfer institution or work under its management or control to a ofinsti- Zilla Parishad or an Anchalik Parishad, and a Zilla Parishad and ks.

may transfer any institution or work under its management and wor management or control to any Anchalik Parishad, Anchal Panehayat. or Gram Panchayat, subject to such conditions, limitations and restrictions as may be agreed upon.

(2) When any institution is transferred under subsection (1)—

(a) by the State Government to a Zilla Parishad or to an Anchalik Parishad, or

(b) by a Zilla Parishad to any Anchalik Parishad, Anchal Panchayat or Gram?, Panchayat, persons employed by the State Government, or the Zilla Parishad, in such institution, shall with effect from the date of such transfer be deemed to be employed by the Zilla Parishad or Anchalik Parishad or Anchal Panchayat or Gram Panchayat, to which such institution is transferred, on terms and conditions, not less advantageous than what they were entitled to immediately before such transfer.

107. (1) The State Government may by order in writing remould any resolution passed by a Zilla Parishad or an Anchalik Parishad or any Standing Committee thereof, if in its opinion such resolution—

(a) has not been legally passed, or

(b) is in excess or abuse of the powers conferred by or under this Act or any rules made thereunder; ''or

(c) is likely to cause, if executed, danger to human life, health, or safety or is likely to lead to a breach of the peace.

Power of 'State Govern.

ment to rescind resoliitigns of a Zitia ' Parishad or an Amhara Parishad or any Standing .4 I Committee;

tr.2 The West Bengal ZiIla Parishads Act, 1963.

[West Ben. Ac (Part 1V.—Chapter XIV .—Miscellaneons.—Sections 10'8,

109.)

(2) The State Government shall, before taking any action under sub-section (1), give the Zilla Perished or the Anchalik Perished, as the case may be, an opportunity of making any representation against the proposed order.

Power of State Government to supersede -Zilla Parishad or Anchalik Parishad.

Consequences of super.

session.

108. (1) If, in the opinion of the State Government; a Zilla Parishad or an Anchalik, Perished

(a) has shown its incompetence to perform or has persistently made default in the performance of the duties or exercise of the functions imposed on it by or under this Act or by any other law, or

(b) has exceeded or abused its powers, the State Government may by an order to be published in the Official Gazette stating the reasons therefor supersede the Zilla Perished or the Anchalik Perished, as the case may be, for such period, not exceeding the maximum period of two years, as may be specified in the order:

, Provided that the State Government shall before taking any action under sub-section (1) give the Zilla Parishad or the Anchalik Perished, as the case may be, an opportunity of making any representation against the proposed order.

(2) The State Government may, by order to be published in the Official Gazette, subject to the maximum period of two years mentioned in sub-section (1), extend or modify the period of supersession if it considers it necessary so to do.

109. (1) When an order of supersession has been passed under section 108 then with effect from the date of the order—

(a) all the members and associate members of the Zilla Perished or the Anchalik Perished, as the case may be, and all the members of the Standing Committee thereof shall vacate their offices;

(b) all the powers, duties and functions which, under the provisions of this Act or any rule, bye-law or regulation made thereunder or any law for the time being in force, may be exercised, discharged or performed by the Zilla Perished or the Anchalik Perished or any Standing Committee thereof, shall be exercised, discharged or performed by such person, to be called the Administrator, as may be appointed by the State Government in this behalf :

it Provided that such Administrator may delegate any of his powers, duties or functions to any officer or other employee of the Zilla Perished or: the Anchalik Parishad, as the case may be.

The West Bengal Zilla Parishads Act, 1963. 43 WV Of 1983.]

(Part IV.—Chapter XIV .—Miscellaneous.—Sections 110,

111.)

(2) The State Government shall fix the remuneration of the Administrator and may direct that such remuneration shall be paid from the Zilla Perished Fund or the Anchalik Parishad Fund, as the case may be.

(3) All property vested in such Zilla Perished or Anchalik Perished, as the case may be, shall vest in the State Government during the period of supersession.

(4) The State Government may by order to be published in the Official Gazette re-establish the Zilla. Parishad or the Anchalik Perished, as the case may be.

(5) On the expiry of the period of supersession the Administrator shall cease to exercise his functions.

(6) Nothing contained in the foregoing provisions of this section shall affect the provisions Of section 38 and the District School Board shall continue to function as the Primary Education Committee of the Zilla Perished.

110. Notwithstanding anything contained in the Period of XX of Indian Limitation Act, 1908, the period of limitation for the limitation.

Zilla1908. institution of any suit by or on behalf of a e Perished or an 'bovrsuite Anchalik Perished for the possession of any immovable I:cm:shad property vested in such Perished from which it has been or dispossessed or of which it has ceased to have possession Anchalik shall be sixty years from the date of dispossession or Parishad.

discontinuance.

111. With effect from the date specified in the notifica- Repeal tion issued under sub-section (1) of section 3, in the district and referred to in the said notification— vesting.

Ben. Act III of 1885.

(a) the Bengal Local Self-Government Act of 1.885 shall stand repealed;

(b) all properties, movable or immovable, and all assets of the District Board, shall vest in the Ma Perished of the district;

(c) all rights acquired, all debts and obligations incurred, all matters and things engaged to be done, before the establishment of the Zilla Parishad, by the District Board shall be deemed to have been acquired, incurred or engaged to be done by the Zilla Perished of the district;

The West. Bengal Zilla Parishads Act, 1963.

(West Ben. Act (Part IV.—Chapter X1V.—Miscellaneous.—Section 112.)

(d) all suits or other legal proceedings instituted or which might but for the establishment of the Zilla Parishad have been instituted by or against the District Board may be continued or instituted by or against the Zilla Parishad of the district and in all such suits or other legal proceedings pending immediately before such establishment, - the Zilla Parishad shall stand substituted in place of the District Board;

(e) any scheme prepared by or anything done or any action taken by or in favour of the District Board shall be deemed to have been prepared by or done or taken by or in favour of. the Zilla Parishad of the district;

persons employed by the District Board and continuing in office immediately before the establishment of the Zilla Parishad shall be deemed to be employed by the Zilla Parishad of the district on such terms and conditions, not being less advantageous than what they were entitled to immediately before such establishment, as may be determined by the Zilla Parishad;

(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 1886, applicable to the District Board and continuing in force immediately before the establishment of the Zilla Parishad shall, after such establishment, continue in force in so far as they are not inconsistent with the provisions of this Act until they are repealed or amended.

112. (1) The State Government may, after previous publicatmn, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :— any matter for which power to make provision is conferred expressly or by implication on the State Government by this Act;

(b) the establishment of the Zilla Parishad and the- 4/7/chat/lc Parishad;

(.0

(a) Ben. Act III of 1886- The West Bengal Zilla Parishads A.e 1963.

XXXV of 1963.]

(Part IV.—Chapter XIV .---Miscellaneons.—Section 113.)

Chairman, Vice-Chairman or a member of the Zilla Parishad and the President, Vice-President or a member of the Anchalik Perished; .

(d) qualifications, recruitment, scales of pay, conditions of service of all or any of the categories of officers or other employees o'f the Zilla Parishad or Anchalik Perished;

(e) the framing of budget of the Zilla Perished and of the Anchalik Perished;

CO the keeping of accounts of the Zilla Perished ante of the Anchalik Parkshad;

(g) the raising of loans;

(h) the calling and holding of meetings of the Zilla Perished or the Anchalik Parishad and the conduct of business at such meetings; and

(i) the payment of allowances, if any, to the Chairman,.

Vice-Chairman and members of the Zilla Perished and to the President, Vice-Presideht and members of the Anchalik Parishad.

(3) All rules made under this Act shall be published in the Official Gazette and shall, unless some later date is appointed by the State Government, come into force on the date of such publication.

(4) All rules made under this Act shall be laid for not less than fourteen days before the State Legislature as soon as possible after they are made and shall be subject to such modification as the State Legislature may make during the session in which they are so laid. Any modification of the said rules made by the State Legislature shall he published in the Official Gazette, and shall, unless some later date is appointed by the State Government, come into force on the date of such publication.

113. (1) A Zilla Perished or an Anchalik Perished Regula• may, with the previous approval of the State Government ' time and;

make regulations which may provide for— bye-laws.

(a) the calling and holding of meetings of the Zilla Perished or the Anchalik Perished, the procedure to be followed in the meetings and the conduct of business at meetings;

,b) qualifications of officers and employees and the methods of recruitment, conditions o'f service and discipline of such officers and employees including provisions for Provident Fund, gratuity and advances to the employees.

The West Bengal Zilla Parishads Act, 1963.

[West Ben. Ad (Part IV .—Chapter XIV .---Miscellaneous.—Sections 114-

118.)

(2) A Zilla Parishad or an Anchalik Parishad may, with the previous approval of the State Government, make byelaws for carrying out the purposes of this Act other than those mentioned in clauses (a) and (b) of sub-section (1).

(3) The State Government may, by notification, rescind any regulation or bye-law and thereupon such regulation or bye-law shall cease to have effect.

(4) In making a bye-law under sub-section (2) a Zilla Parishad or an Anchalik Parishad may provide that a breach of the same shall be punished with fine which may extend to rupees one hundred, and in the case of a continuing breach with a further fine which may extend to rupees ten for every day during which the breach is continued after the offender has been convicted of such breach.

Prosecu. 114. Prosecutions under this Act for breach of byetion. laws may be instituted by a Zilla Parishad or an Anchalik Parishad or by any person authorised by such Parishad in this behalf.

Recovery of arrears.

Directions by State Government.

Provision for removing difficulty.

115. All arrears of tolls, and rates leviable by a Zilla Parishad or an Anchalik Partshad under this Act shall, without prejudice to any other mode of recovery, be recoverable as arrears of land revenue.

116. In the discharge of their functions the Zilla.

Parishad and the Anchalik Parishad shall be guided by such instructions or directions as may be given to them by the State Government from time to time.

117. If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such steps or issue such orders, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the purpose of removing such difficulty.

Amendmeat of the Uses Act,1880 and the Bengal (Rural) Primary Education Act

1930.

118. On the establishment of a Zilla Parishad in any district the enactments specified in column 3 of the Second Schedule shall stand amended within the territorial limits of the said district to the extent and in the manner specified in column 4 thereof.

The West Bengal Zilla Parishads Act, 1963. 47 XXXV of 1903.1 (First and Second Schedules.)

FIRST SCHEDULE.

(See section 14.)

Form of oath or affirmation to be made by a member of a Zilla Parishad.

elected I, A, B., being an ex-officio member or having been a member of appointed swear in the name of God the Zilla Parishad do that solemnly affirm 41 I will bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully discharge the duties upon which I am about to enter.

SECOND SCHFDULE.

Enactments amended.

(See section 118.)

Year, No. Short title. Extent of amendment.

1 2 3 4 1830 The Cess Act, 1880 1. In section 4,—

(a) the definitions of "District Board" and "District Fund" shall be omitted,

(b) after the definition of "Year", the following definitions shall be added, namely:— "Zilla Parishad" means a Zilla Parishad established under section 3 of the West Bengal Zilla Parishads Act,

1963.

"Zilla Parishad Fund" means the fund constituted under section 40 of the West Bengal Zilla Parishads Act, 1963.'.

2. For the words "District Board",wherever they occur, the words "Zilla Parishad" shall be substituted.

3. For the second paragraph of clause secondly of section 109, the following paragraph shall be substituted, namely:— "And the balance, after payment of such expenses, shall be credited to the Zilla Parishad Fund of the district.".

1930 VII .. The Bengal (Rural) Primary 1. For the words "District Education Act, 1930. Board", wherever they occur, the words "Zak Parishad" shall be substituted.

2. Section 20 shall be omitted.

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The West Bengal Zilla Parishads Act, 1963

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