WEST BENGAL PANCHAYAT AMENDING ACT, 1978

Act No. 10 of 1978

28th March, 1978

An Act to amend the West Bengal Panchayat Act, 1973. Whereas it is expedient to amend the West Bengal Panchayat Act, 1973 (West Ben. Act XLI of 1973), for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Twenty-ninth Year of the Republic of India, by the Legislature of West Bengal, as follows: --

S.1 Short title

This Act may be called the West Bengal Panchayat Amending Act, 1978.

S.2 Amendment of section 2 of West Ben. Act XLI of 1973

In section 2 of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the said Act), after clause (11), the following clause shall be inserted: --

'(11a) "hill areas" means the areas included in the hill subdivisions of the district of Darjeeling;'.

S.3 Amendment of section 4

In section 4 of the said Act,--

• in sub-section (2), for the words "as may be determined by the prescribed authority in accordance with such rules as may be made in this behalf by the State Government", the words "as the prescribed authority may, having regard to the number of voters in hill areas and other areas and in accordance with such rules as may be made in this behalf by the State Government, determine" shall be substituted;
• after sub-section (3), the following sub-section shall be inserted: --

  "(3A) Notwithstanding anything contained in the foregoing provisions of this section, for the purpose of first election under this Act the local limits of jurisdiction of a Gram Sabha constituted under the West Bengal Panchayat Act, 1957 (West Ben. Act I of 1957), shall form a constituency:

  Provided that the prescribed authority may, if it thinks it necessary so to do for the purpose of allocation of seats to a constituency, divide t
  

  S.4 Amendment: of section 94

  In section 94 of the said Act,--

  • in clause (it) of sub-section (2), after the words such number of persons not exceeding three as may be prescribed, the words on the basis of the number of voters in hill areas and other areas shall be inserted;
  • in sub-section (5), after the words this section shall, the words , notwithstanding anything contained in section 210, shall be inserted.
  
  

  S.5 Amendment of section 140

  In section 140 of the said Act, in sub-section (3), after the words this section, the words , notwithstanding anything contained in section 210, shall be inserted.

  
  

  S.6 Amend-ment of section 203

  In section 203 of the said Act, after sub-section (7), the following sub-section shall be added:--

  (8) The State Government may by rules provide for deposit of money by a candidate seeking election under this Act and also for return or forfeiture of the said deposit:

  Provided that the amount of deposit shall not--

  • in the case of an election from a constituency of a Gram Panchayat, exceed a sum of rupees ten or where the candidate is a member of Scheduled Caste or Scheduled Tribe, a sum of rupees five,
  • in the case of an election from a constituency of a Panchayat Samiti, exceed a sum of rupees thirty or where the candidate is a member of a Scheduled Caste or Scheduled Tribe, a sum of: rupees fifteen,
  • in the case of an election from a constituency of a Zilla Parishad, exceed a sum of rupees one hundred or where the candidate is a member of Scheduled Caste or Scheduled Tribe, a sum of rupees fifty:

  Provided further that wh
  

  S.7 Amendment of section 210

  In section 210 of the said Act, after the first proviso, the following further proviso shall be added: --

  Provided further that the appointment by the State Government under this section shall be from such persons as the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, may recommend..

  
  

  S.8 Repeal and savings

  • The West Bengal Panchayat Amending Ordinance, 1977 (West Ben. Ord. XVI of 1977), is hereby repealed.
  • Anything done or any action taken under the said Act as amended by the West Bengal Panchayat Amending Ordinance, 1977, shall be deemed to have been validly done or taken under the said Act as amended by this Act as if this Act had commenced on the 28th day of November, 1977.