West Bengal Panchayat (Amendment) Act, 2008[1]

[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:—

Section 1. Short title and commencement

(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.

Section 2. Amendment of section 9 of West Ben Act XLI of 1973

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 3

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.”.

Section 4

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”.

Section 5

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 6

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 7

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.”.