[West Bengal Act 19 of 2008] [27th August, 2008] [Passed by the West Bengal Legislature] An Act to amend the West Bengal Panchayat Act, 1973. West Ben. Act XLI of 1973.—Whereas it is expedient to
amend the West Bengal Panchayat Act, 1973, for the purposes and in
the manner hereinafter appearing; It is hereby enacted in the Fifty-ninth Year of the Republic of
India, by the Legislature of West Bengal, as follows:— (1)
This Act may be called
the West Bengal Panchayat (Amendment) Act, 2008 (2)
It shall come into force on such
date as the State Government may, by notification in the Official Gazette,
appoint. In section 9 of the West Bengal Panchayat Act, 1973
(hereinafter referred to as the principal Act),— (1)
in the second proviso to
sub-section (1), for the words “for such election unless”, the words “for
election of the Pradhan unless” shall be substituted; (2)
in sub-section (10), for the
words “remove a Pradhan or an Upa-Pradhan from his office”,
the words “remove a Pradhan from his office shall be substituted. Section 12 of the principal Act shall be renumbered as sub-section
(1) of that section and after sub-section (1) as so renumbered, the following
sub-section shall be inserted:— “(2) The Pradhan or the Upa-Pradhan, who is removed
from his office in terms of a resolution carried under sub-section (1), shall
not be eligible for election to that office before completion of a period of
one year from the date of such resolution.”. For sub-section (7) of section 32A of the principal Act, the
following sub-section shall be substituted:— “(7) Each Upa-Samiti shall hold at least one meeting in
a month in the office of the Gram Panchayat”. In the Explanation to section 46 of the principal Act,
after clause (b), the following clause shall be inserted:— ‘(c) “land” includes homestead land and land appurtenant to
building.’. Section 101 of the principal Act shall be renumbered as
sub-section (1) of that section and after sub-section (1) as so renumbered, the
following subsection shall be inserted:— “(2) The Sabhapati or the Sahakari Sabhapati, who
is removed from his office in terms of a resolution carried under sub-section
(1), shall not be eligible for election to that office before completion of a
period of one year from the date of such resolution.”. Section 146 of the principal Act shall be renumbered as
sub-section (1) of that section and after sub-section (1) as so renumbered, the
following subsection shall be inserted:— “(2) The Sabhadhipati or the Sahakari Sabhadhipati,
who is removed from his office in terms of a resolution carried under
sub-section (1), shall not be eligible for election to that office before
completion of a period of one year from the date of such resolution.”. [1] Received the Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 27th August, 2008.West Bengal Panchayat
(Amendment) Act, 2008[1]
Section 2. Amendment of section 9 of West Ben Act XLI of
1973