Notification, 1983

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

GOVERNMENT OF WEST BENGAL

LEGISLATIVE DEPARTMENT

West Bengal Act II of 1983

THE WEST BENGAL PANCHAYAT

(AMENDMENT) ACT, 1983.

[Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 23rd March, 1983.] [23rd March, 1983.] An Act to amend the West Bengal Panchayat Act, 1973.

West Ben.

Act XLI of WHEREAS it is expedient to amend the West Bengal Panchayat Act, 1973, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Thirty-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows:-

1. (1) This Act may be called the West Bengal Panchayat Short title (Amendment) Act, 1983. and commence- (3 It shall be deemed to have come into force on the 19th day of ment. January, 1983.

2. In section 2 of the West Bengal Panchayat Act, 1973 (hereinafter Amendment referred to as the principal Act), for clause (10), the following clause of section 2 of West Ben. shall be substituted:— Act XLI of `00) "Gram" means an area referred to in section 3;'.

3. In section 3 of the principal Act,— Amendment

(a) to sub-section (1), the following proviso shall be added:— of section 3. "Provided that any group of mauzas or parts thereof, when they are not contiguous or have no common boundaries and are separated by an area to which this Act does not extend or in which the remaining sections of this Act referred to in sub-section (3) of section 1 have not come into force, may also be declared to be a Gram.";

The West Bengal Panchayat (Amendment) Act, 1983.

[West Ben. Act (Sections 4, 5.)

(b) in sub-section (3), for clause (b), the following clause shall be substituted:— "(b) include in any Gram any area contiguous to such Gram or separated by an area to which this Act does not extend or in which the remaining sections of this Act referred to in sub-section (3) of section 1 have not come into force; or".

Amendment of section 4.

Amendment of section 5.

4. In section 4 of the principal Act,—

(a) in sub-section (2), for the words "not being less than seven", the words "not being less than five" shall be substituted;

(b) in sub-section (3),—

(i) in clause (a), the words ", not being less than three or more than fourteen," shall be omitted;

(ii) in clause (b), for the words "not exceeding three,", the words "not exceeding two," shall be substituted;

(c) sub-section (3A) shall be omitted.

5. In section 5 of the principal Act,—

(a) for sub-section (3), the following sub-section shall be substituted:— "(3) When the area of any Gram are divided under clause (c) of sub-section (3) of section 3 so as to constitute two or more Grams, there shall be reconstitution of the Gram Panchayats for the newly constituted Grams in accordance with the provisions of this Act, and the Gram Panchayat of the Gram so divided shall, as from the date of coming into office of the newly constituted Gram Panchayats, cease to exist.";

(b) for sub-section (4), the following sub-section shall be substituted:— "(4) When the areas of two or more Grams is united under clause (d) of sub-section (3) of section 3 so as to constitute a single Gram, there shall be reconstitution of the Gram Panchayat for the newly constituted Gram in accordance with the provisions of this Act, and the Gram Panchayats of the Grams so united shall, as from the date of coming into office of the newly constituted Gram Panchayats, cease to exist".

The West Bengal Panchayat (Amendment) Act, 1983.

II of 1983.] (Sections 6-8.)

6. In section 93 of the principal Act,— Amendment

(a) to sub-section (1), the following proviso shall be added.— of section 93. "Provided that a Block may comprise such Grams as are not contiguous or have no common boundaries and are separated by an area to which this Act does not extend or in which the remaining sections of this Act referred to in sub-section (3) of section 1 have not come into force.";

(b) in sub-section (3), for clause (b), the following clause shall be substituted:— "(b) include in any Block any Gram contiguous to such Block or separated by an area to which this Act does not extend or in which the remaining sections of this Act referred to in sub-section (3) of section 1 have not come into force; or".

7. In sub-section (2) of section 94 of the principal Act, in clause (ii), after the words "the Gram being divided", the words "by the prescribed authority" shall be inserted.

8. In section 95 of the principal Act,—

(a) for sub-section (3), the following sub-section shall be substituted:— "(3) When the area of any Block is divided under clause (c) of sub-section (3) of section 93 so as to constitute two or more Blocks, there shall be reconstitution of the Panchayat Samitis for the newly constituted Blocks in accordance with the provisions of this Act, and the Panchayat Samiti of the Block so divided shall, as from the date of coming into office of the newly constituted Panchayat Samitis, cease to exist.";

(b) for sub-section (4), the following sub-section shall be substituted:— "(4) When the areas of two or more Blocks are united under clause (d) of sub-section (3) of section 93 so as to constitute a single Block, there shall be reconstitution of the Panchayat Samiti for the newly constituted Block in accordance with the provisions of this Act, and the Panchayat Samitis of the Blocks so united shall, as from the date of coming into office of the newly constituted Panchayat Samiti, cease to exist.".

Amendment of section 94.

Amendment of section 95.

The West Bengal Panchayat (Amendment) Act, 1983.

[West Ben. Act II of 1983.1 Amendment of section Amendment of section Repeal and saving.

(Sections 9-11.)

9. In section 140 of the principal Act, in sub-section (5), for the words "the Zilla Parishad of the district shall, as from the date of such division, cease to exist and there shall be reconstitution of the Zilla Parishads for the newly constituted districts in accordance with the provisions of this Act,", the words "there shall be reconstitution of the Zilla Parishads for the newly constituted districts in accordance with the provisions of this Act and the Zilla Parishad of the district so divided shall, as from the date of coming into office of the newly constituted Zilla Parishads, cease to exist," shall be substituted.

10. In section 203 of the principal Act, in sub-section (5), for the words "immediately after the election", the words "immediately after the poll" shall be substituted.

11. (I) The West Bengal Panchayat (Amendment) Ordinance, 1983 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the West Bengal Panchayat (Amendment) Ordinance, 1983 shall be deemed to have been validly done or taken under the principal Act as amended by this Act. West Ben.

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