Section 140 in The West Bengal Panchayat Act, 1973
140. Zilla Parishad and its constitution.
(1)For every district [except the district of Darjeeling,] [Words inserted by W.B. Act 20 of 1988.] the State Government shall constitute a Zilla Parishad bearing the name of the district.(2)The Zilla Parishad shall consist of the following members, namely:-(i)Sabhapatis of the Panchayat Samitis within the district, ex officio;(ii)[{such number of persons, not exceeding three, as may be prescribed on the basis of the number of voters in the area from each Block within the district, the Block being divided [by the prescribed authority)] [Words 'in force on the last date of nominations for Panchayat election' first substituted for the words 'for the time being in force' by W. B. Act 37 of 1984, then the words 'from amongst the persons, whose names are included in the electoral roll of the West Bengal Legislative Assembly in force on the last date of nomination for Panchayat election pertaining to any Block within the district, by persons whose names are included in such electoral roll pertaining to the constituency comprised in such Block;' substituted for the words 'from among themselves by persons whose names are included in the electoral roll of the West Bengal Legislative Assembly in force on the last date of nominations for Panchayat election pertaining to the constituency comprised in such Block;' by W.B. Act 17 of 1992, and finally, the words within second brackets substituted for the words 'two such persons, one from each of two such constituencies comprised in the Block within the district as may be specified by notification, elected by secret ballot, at such time and in such manner as may be prescribed, from amongst the persons, whose names are included in the electoral roll of the West Bengal Legislative Assembly in force on the last date of nomination for Panchayat election pertaining to any Block within the district.' by W.B. Act 18 of 1994.] for the purpose into constituencies in the prescribed manner, elected by secret ballot at such time and in such manner as may be prescribed from amongst the persons whose names are included in the electoral roll, pertaining to any Block within the district, prepared in accordance with such rules as may be made in this behalf by the State Government and in force on such date as the State Election Commissioner may declare for the purpose of an election,} by persons whose names are included in such electoral roll pertaining to the constituency comprised in such Block:][Provided that seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in a Zilla Parishad and the number of seats so reserved shall bear, as nearly as may be and in the manner and in accordance with such rules as may be made in this behalf by the State Government, the same proportion to the total number of seats in that Zilla Parishad to be filled up by election as the population of the Scheduled Castes in that Zilla Parishad area, or of the Scheduled Tribes in that Zilla Parishad area, as the case may be, bears to the total population of that Zilla Parishad area and such seats shall be subject to allocation by rotation, in the manner prescribed, to such different constituencies having Scheduled Castes or Scheduled Tribes population which bears with the total population in that constituency not less than half of the proportion that the total Scheduled Castes population or the Scheduled Tribes population in that that Zilla Parishad area, as the case may be, bears with the total population in that that Zilla Parishad area] [1st to 5th provisos inserted by W.B. Act 17 of 1992.]:[Provided further that not less than one-third of the total number of seats reserved for the Scheduled Castes and the Scheduled Tribes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be] [1st to 5th provisos inserted by W.B. Act 17 of 1992.]:[Provided also that not less than one-third of the total number of seats, including the seats reserved for the Scheduled Castes and the Scheduled Tribes, in a Zilla Parishad shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed] [1st to 5th provisos inserted by W.B. Act 17 of 1992.]:[Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section [* * * * *] [1st to 5th provisos inserted by W.B. Act 17 of 1992.] when the number of members to be elected to a Zilla Parishad is determined, or when seats are reserved for the Scheduled Castes and the Scheduled Tribes in a Zilla Parishad, in the manner as aforesaid, the number of members so determined or the number of seats so reserved shall not be varied for three successive general elections:][Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no woman for whom seats are reserved under this sub-section, shall, if eligible for election to a Zilla Parishad, be disqualified for election to any seat not so reserved] [1st to 5th provisos inserted by W.B. Act 17 of 1992.]:[Provided also that such division into constituencies shall be made in such manner that the ratio between the total population of all the Blocks in a district and the number of constituencies in the Zilla Parishad shall, so far as practicable, be the same in any that Zilla Parishad] [6th to 8th provisos inserted by W.B. Act 18 of 1994.]:[Provided also that the State Election Commissioner may, at any time, for reasons to be recorded in writing] [6th to 8th provisos inserted by W.B. Act 18 of 1994.] [issue an order making fresh determination] [Words substituted for the words 'and by notification, order fresh determination' by W.B. Act 15 of 1997.] of the number of members in a Zilla Parishad or fresh reservation on rotation of the number of constituencies in that that Zilla Parishad and, on such order being issued by the State Election Commissioner, the determination of the number of members [or the number of seats to be reserved or the sequence of rotation of reservation of seats or any combination of them as may be specified in such order] [Words substituted for the words 'and the reservation of the number of constituencies' by W.B. Act 24 of 1997.] shall not be varied for [the next] [Words inserted by W.B. Act 15 of 1997.] three successive general elections:[Provided also that the provisions for reservation of seats for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India] [6th to 8th provisos inserted by W.B. Act 18 of 1994.];(iii)[ members of the House of People and the Legislative Assembly of the State elected thereto from a constituency comprising the district or any part thereof, not being Ministers or simultaneously directly elected members of Zilla Parishad, ex officio;] [Substituted by Act No. 40 of 2017, dated 16.10.2017](iv)members of the Council of States not being Ministers, [registered as electors within the area of any Block within the district.] [Words substituted for the words 'having a place of residence in the district.' by W. B. Act 18 of 1994.](3)Every Zilla Parishad constituted under this section [* * * * * *] [Words and figures ', notwithstanding anything contained in section 210,' first inserted by W.B. Act 10 of 1978. then omitted by W. B. Act 18 of 1994.] shall be notified in the Official Gazette and shall come into office with effect from the date of its first meeting at which a quorum is present.(4)Every Zilla Parishad shall be a body corporate having perpetual succession and a common seal and shall by its corporate name sue and be sued.(5)[(a) Notwithstanding anything contained in the forgoing provisions of this section, when the area of a district (hereinafter referred to as the former district) is divided so as to constitute two or more districts, for each of the newly constituted districts the State Government shall by notification constitute a Zilla Parishad bearing the name of the district with the following members, namely:-(i)Sabhapatis of the Panchayat Samitis within the newly constituted district, ex officio;(ii)the members elected to the Zilla Parishad of the former district under clause (ii) of sub-section (2) from the constituencies referred to therein comprised in the Blocks within the newly constituted district;(iii)members of the House of the People and the Legislative Assembly of the State elected thereto from a constituency comprising the newly constituted district or any part thereof, not being Ministers;(iv)members of the Council of States, not being Ministers, having a place of residence in the newly constituted district.(b)Notwithstanding anything in this Act, every Zilla Parishad constituted under this sub-section shall be deemed to have been duly constituted in accordance with the provisions of this Act and shall come into office with effect from the date of its first meeting at which a quorum is present, and the Zilla Parishad of the former district shall with effect from the date of coming into office of the newly constituted Zilla Parishads, cease to exist.(c)The members of the newly constituted Zilla Parishad, other than the ex officio members, shall, subject to the provisions of section 145, hold office with effect from the date of its first meeting at which a quorum is present for the unexpired portion of the term of office of the members of the Zilla Parishad of the former district.(d)All rules, orders, bye-laws and notifications made or issued from time to time under any law for the time being in force, applicable to the Zilla Parishad of the former district and continuing in force immediately before the coming into office of the newly constituted Zilla Parishads under this sub-section, shall, after the coming into office of the newly constituted Zilla Parishads, continue in force in so far as they are not inconsistent with the provisions of this Act and shall be applicable to the newly constituted Zilla Parishads until they are repealed or amended.(e)The properties, funds and liabilities of the Zilla Parishad of the former district shall vest in the newly constituted Zilla Parishads in accordance with such allocation as may be determined by order in writing by the prescribed authority, and such determination shall be final.](6)An order made [under clause (e) of sub-section (5)] [Words, figure, letter and brackets substituted for the words, figure and brackets 'under sub-section (5)' by W.B. Act 21 of 1985.] may contain such supplemental, incidental and consequential provisions as may be necessary to give effect to such reorganisation.
