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State of West Bengal - Section

Section 185A in The West Bengal Panchayat Act, 1973

185A. Zilla Parishad for Darjeeling to stand dissolved and consequences of dissolution.

(1)With effect from the date of coming into office of the Council, the Zilla Parishad for the district of Darjeeling constituted under this Act shall stand dissolved and the members of the Zilla Parishad shall be deemed to have vacated their offices forthwith.
(2)Upon such dissolution of the Zilla Parishad, the Council shall exercise all the powers, discharge all the duties and perform all the functions of the Zilla Parishad under this Act.
(3)Notwithstanding anything contained in sub-section (1) of this section or elsewhere in this Act, -
(a)anything done or any action taken by the Zilla Parishad under this Act prior to the coming into office of the Council, and
(b)all rules, orders, bye-laws and notifications made or issued from time to time under the provisions of the West Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963, or this Act, applicable to the Zilla Parishad,
and continuing in force immediately before the coming into office of the Council, shall, after such coming into office, continue in force in so far as they are not inconsistent with the provisions of the Darjeeling Gorkha Hill Council Act, 1988 until they are repealed or amended.
(4)Notwithstanding anything contained in section 29 of the Darjeeling Gorkha Hill Council Act, 1988, the properties, funds and liabilities of the Zilla Parishad and the officers and employees of the Zilla Parishad holding office immediately before the coming into office of the Council, shall be determined and apportioned between the Council and the Mahakuma Parishad in such manner as may be prescribed, and such determination and apportionment shall be final.
(5)An order made under sub-section (4) may contain such supplementary, incidental and consequential provisions as may be necessary to give effect to such reorganisation.
(6)[ Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, -
(a)no executive power referred to in section 24 of the Darjeeling Gorkha Hill Council Act, 1988, shall be exercised by a Gram Panchayat or Panchayat Samiti in the hill areas unless the Council assigns such power to such Gram Panchayat or Panchayat Samiti, as the case may be, on such terms and conditions as the Council may, by general or special direction, specify, and
(b)the State Government shall not assign any power, function or duty in relation to any matter referred to in section 207B or in any other provision of this Act to any Gram Panchayat or Panchayat Samiti in the hill areas without prior consultation with the Council and, on transfer of such power, function or duty, the Council shall have power and authority to issue any direction and adopt any measure for supervision and monitoring with respect to the exercise of such power, performance of such function and discharge of such duty by the Gram Panchayat or the Panchayat Samiti, as the case may be.]