Section 118A in The West Bengal Panchayat Act, 1957
118A. [ Appointment of Administrator where first constitution of Anchal Panchayat or Gram Panchayat delayed by order of court. [Section 118A inserted by W.B. Act 10 of 1967.]
(1)Where by reason of an order of a competent court setting aside, or prohibiting the holding of, any election held or to be held under the provisions of section 11, section 26 or section 27, or otherwise delaying the constitution of an Anchal Panchayat, the first constitution of any Anchal Panchayat after its establishment under section 25 cannot be completed within such time as the prescribed authority considers to be reasonable, the prescribed authority may, with the previous approval of the State Government, appoint an Administrator to exercise or perform, in such manner and subject to such conditions as the prescribed authority may direct, the powers, duties or functions conferred or imposed on such Anchal Panchayat by or under the provisions of this Act or any other Act or any rule made under this Act within the territorial limits of such Anchal Panchayat.(2)Notwithstanding anything contained in section 4, upon the appointment of an Administrator under Sub-section (1) in respect of any Anchal Panchayat, -(a)the enactments specified in column 3 of Schedule I shall stand repealed or amended within the territorial limits of such Anchal Panchayat to the extent and in the manner specified in column 4 thereof;(b)any Panchayat appointed under the Village Chaukidari Act, 1870, union committee constituted under the Bengal Local Self-Government Act of 1885, union board established under the Bengal Village Self-Government Act, 1919, or Gram Panchayat established under the Bihar Panchayat Raj Act, 1947, having jurisdiction within the territorial limits of such Anchal Panchayat shall cease to function within such limits; and(c)all such properties, funds and other assets and all such rights and liabilities of such Panchayat, union committee, union board or Gram Panchayat, as the case may be, as are relatable to the area within the territorial limits of such Anchal Panchayat in accordance with the allocation determined by the prescribed authority by an order made in this behalf shall, subject to such conditions as the prescribed authority may direct, vest in the Administrator.(3)The appointment of an Administrator under sub-section (1) in respect of any Anchal Panchayat shall terminate immediately on the completion of the constitution of such Anchal Panchayat and the properties, funds, assets, rights and liabilities vested in the Administrator under clause (c) of sub-section (2) shall thereupon stand transferred to and vest in such Anchal Panchayat.(4)If the first constitution of any Gram Panchayat for a Gram Sabha comprised in an Anchal Panchayat in respect of which an Administrator has been appointed under sub-section (1) has not been completed by reason of an order of a competent court then, during such period as the constitution of such Gram Panchayat cannot be completed, -(a)the administrator appointed under sub-section (1) shall, in such manner and subject to such conditions as the prescribed authority may direct, also exercise or perform the powers, duties or functions conferred or imposed on such Gram Panchayat by or under the provisions of this Act or any other Act or any rule made under this Act within the area of the Gram Sabha concerned, and(b)the properties to be vested in such Gram Panchayat under section 61 shall, subject to such conditions as the prescribed authority may direct, be vested in the Administrator.Explanation. - For the purposes of this section, the constitution of an Anchal Panchayat shall be deemed to be completed on the election of its Pradhan and Upa-Pradhan under section 27, and the constitution of a Gram Panchayat shall be deemed to be completed on the election of its Adhyaksha and Upadhyaksha under sub-section (6) of section 11.]Removal of Difficulty
