Section 219 in The West Bengal Panchayat Act, 1973
219. Vesting.
- When in consequence of the repeal of the enactments referred to in section 218 any Gram Panchayat, Nyaya Panchayat or Anchal Panchayat constituted under the West Bengal Panchayat Act, 1957, or any Anchalik Parishad or Zilla Parishad established under the West Bengal Zilla Parishads Act, 1963, ceases to exist [or when the Union Board constituted under the Bengal Village Self-Government Act, 1919, ceases to function,] [Words and figures inserted by W.B. Act 58 of 1978.] in any area -(a)the authority, person or persons, if any, appointed under section 217 in respect of such Gram Panchayat, Anchal Panchayat, Anchalik Parishad or Zilla Parishad, as the case may be, shall cease to exercise all functions;(b)all properties, movable or immovable and all assets -(i)vested in such Gram Panchayat shall vest in the Gram Panchayat or Gram Panchayats constituted under this Act in such area in accordance with such allocation as may be determined by the prescribed authority and such determination shall be final,(ii)vested in such Anchal Panchayat shall vest in such Gram Panchayat or Gram Panchayats constituted under this Act in such area in accordance with such allocation as may be determined by the prescribed authority and such determination shall be final,(iia)[ vested in such Union Board shall vest in such Gram Panchayat or Gram Panchayats constituted under this Act in such area in accordance with such allocation as may be determined by the prescribed authority and such determination shall be final,] [Sub-clause (iia) to clause (b) inserted by W.B. Act 58 of 1978.](iii)vested in such Anchalik Parishad shall vest in such Panchayat Samiti or Panchayat Samitis constituted under this Act in such area in accordance with such allocation as may be determined by the prescribed authority and such determination shall be final,(iv)vested in such Zilla Parishad shall vest in the Zilla Parishad constituted under this Act;(c)all rights acquired, all debts and obligations incurred, all matters and things engaged to be done -(i)by such Gram Panchayat shall be deemed to have been acquired, incurred or engaged to be done by the Gram Panchayat or Gram Panchayats constituted under this Act in such area, as may be determined by the prescribed authority under sub-clause (i) of clause (b),(ii)by such Anchal Panchayat shall be deemed to have been acquired, incurred or engaged to be done by such Gram Panchayat or Gram Panchayats constituted under this Act in such area, as may be determined by the prescribed authority under sub-clause (ii) of clause (b),(iia)[ by such Union Boards shall be deemed to have been acquired, incurred or engaged to be done by such Gram Panchayat or Gram Panchayats constituted under this Act in such area, as may be determined by the prescribed authority under sub-clause (iia) of clause (b),] [Sub-clause (iia) to clause (c) inserted by W.B. Act 58 of 1978.](iii)by such Anchalik Parishad shall be deemed to have been acquired, incurred or engaged to be done by such Panchayat Samiti or Panchayat Samitis constituted under this Act in such area, as may be determined by the prescribed authority under sub-clause (iii) of clause (b),(iv)by such Zilla Parishad shall be deemed to have been acquired, incurred or engaged to be done by the Zilla Parishad constituted under this Act;(d)all suits or other legal proceedings instituted or which but for the coming into office of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad constituted under this Act, might have been instituted by or against [the Union Board constituted under the Bengal Village Self-Government Act, 1919, on] [Words and figures inserted by W.B. Act 58 of 1978.] the Gram Panchayat or Anchal Panchayat constituted under the West Bengal Panchayat Act, 1957, or the Anchalik Parishad or Zilla Parishad established under the West Bengal Zilla Parishads Act, 1963, may be continued or instituted by or against the Gram Panchayat or Panchayat Samiti, as determined by the prescribed authority under subclauses (i), (ii) [,iia] [Brackets, figure and letter inserted by W.B. Act 58 of 1978.] or (iii) of clause (b), or the Zilla Parishad, as the case may be, and in all such suits or other legal proceedings pending immediately before such constitution or establishment, such Gram Panchayat, Panchayat Samiti or Zilla Parishad constituted under this Act, shall stand substituted;(e)all suits and cases pending before a Nyaya Panchayat constituted under the West Bengal Panchayat Act, 1957, shall be deemed to have been transferred to such Nyaya Panchayat constituted under this Act as may be determined by the prescribed authority,(f)persons employed by -(i)such Gram Panchayat and continuing in office immediately before the coming into office of the Gram Panchayat constituted under this Act for such area shall be deemed to be employed by such Gram Panchayat or Gram Panchayats constituted under this Act, as may be determined by the prescribed authority;(ii)such Anchal Panchayat and continuing in office immediately before the coming into office of the Gram Panchayat or Gram Panchayats constituted under this Act for such area shall be deemed to be employed by such Gram Panchayat or Gram Panchayats constituted under this Act, as may be determined by the prescribed authority,(iia)[ such Union Board and continuing in office immediately before the coming into office of the Gram Panchayat or Gram Panchayats constituted under this Act for such area shall be deemed to be employed by such Gram Panchayat or Gram Panchayats constituted under this Act, as may be determined by the prescribed authority,] [Sub-clause (iia) to clause (f) inserted by W.B. Act 58 of 1978.](iii)such Anchalik Parishad and continuing in office immediately before the coming into office of the Panchayat Samiti or Panchayat Samitis constituted under this Act for such area shall be deemed to be employed by such Panchayat Samiti or Panchayat Samitis as may be determined by the prescribed authority,(iv)[ such Zilla Parishad and continuing in office immediately before the coming into office of the Zilla Parishad constituted under this Act shall be deemed to be employed by such Zilla Parishad:] [[Sub-clause (iv) substituted by W.B. Act 37 of 1984, which was earlier as under:-'(iv) such Zilla Parishad and continuing in office immediately before the coming into office of the Zilla Parishad constituted under (his Act shall be deemed to be employed by such Zilla Parishad on such terms and conditions, not being less advantageous than what they were entitled to immediately before such coming into office, as may be determined by the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, constituted under this Act;'.]]Provided that the terms and conditions of such persons shall not be less advantageous than those enjoyed by them immediately before the coming into office of such Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be;(g)all rules, orders, bye-laws and notifications made or issued from time to time under the provisions of the Bengal Local Self-Government Act of 1885, applicable to the District Board, or the West Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963, applicable to the Gram Panchayat, Anchal Panchayat, Anchalik Parishad and Zilla Parishad and continuing in force immediately before the coming into office of the Gram Panchayat, Panchayat Samiti and Zilla Parishad under this Act shall, after such coming into office, continue in force in so far as they are not inconsistent with the provisions of this Act until they are repealed or amended.
