The West Bengal Zilla Parishads Act, 1963
West Bengal · state statute
Open in Lexace · Ask the AI about this actWest 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.—Sec- lion 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; (c) "Anchal Panchayat" means an Anchal Panchayat, constituted under 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 Ben gal 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 con- stituted 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 estab- lished 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, Establish- establish 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 Pari- shad, 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 communica- tion, 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 cons- tituencies 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.) (c) members of— (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 provi- sions 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. eimulta- neoue 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 sub- clause (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 Govern- ment 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 mem- ber, hold office for a period of four years: Provided that a Chairman or Vice-Chairman shall con- tinue 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 die- charge 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, notwithstand- ing 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 Vice- obtain 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 (c) abuses his powers, or (d) is liable to be removed on any of the grounds men- tioned 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 there- upon 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 sub- section (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 (c) he has been dismissed from the service of the Central or a State Government or a local authority for misconduct; 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 miscon- duct 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 oppor- tunity 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. Resigna- tion of Chairman, Vice- Chairman or a mem- ber. 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; Or (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 affirma- tion 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, Func- tions 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 con- vened 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 reso- lution 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, water- supply, irrigation, public health and sanitation 2 12 The West Bengal Zilla Parishads Act, 1963. [West Ben. Act (Part II.—Zilla Parishad.--Chtrpter IV. Powers, Func- tions 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 Govern- ment 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 bene- ficial 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 Govern- ment, such sum or sums as it may decide, towards the cost of water-supply or anti-epidemic measures undertaken by the commissioners of a munici- pality 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 develop- ment 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 Vaccina- tion 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 any- thing 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 commis- sioners 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 manage- ment 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 disconti- nue or close road 14 The West Bengal Zilla' Parishads Act, 1963. [West Ben. Act (Part II.—Zilla Parishad.—Chapter IV.-Powers, Func- tions 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 manage- totransfer ds went, or which is vested in it, on such terms and conditions roa to the as may be agreed upon. State Govern- meat 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 rn: 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 maGoevaetrn- recalled 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 thotaff 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 shall b 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 hold- ing 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 Commit- tees. 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 Com- mittees 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 Com- mittee 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 Chair- man 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 Zil ln Parishads Act, 1963. [West Ben. Act (Part 11.—Zilla Parishad.—Chapter VT. —Standing Com- mittees of the Zilla Parishad.—Seations 36-38.) Term of office of Chairman. Powers of Standing Commit- tees. 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), Vil iosoc: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 con- stituted 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 F ootif 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
Excerpt shown. Open the full act in Lexace.
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