6A. [ Constitution of Gram Panchayat comprising whole or part of area of Municipality. [Section 6A inserted by W.B. Act 2 of 1995.]
(1)If the State Government is of opinion that the whole or any part of the area of a Municipal it y has changed its character and should constitute one or more Gram Panchayats, the State Government may, by notification, after previous publication of the draft of the notification in the Official Gazette, -(a)include such area in an existing Gram Panchayat to be specified in the notification, or(b)constitute one or more Gram Panchayats in such area:Provided that the draft of the notification shall also be published in at least two local newspapers published from any place within the district in which the area of the Municipality is situated, inviting objections and suggestions within a period of two months from the date of such publication, and any objection or suggestion which may be received, shall be considered by such authority as may be appointed by the State Government in this behalf, within three months from the date of such publication, after giving the persons concerned an opportunity of being heard.(2)Within six months from the date of publication of the notification under sub-section (1), elections shall be held to the Gram Panchayat from the area specified in the notification and, with effect from the date of completion of such elections, the area shall be deemed to be included in the Gram Panchayat so specified or so constituted, as the case may be, and the Municipality in the area so notified shall cease to exist:Provided that if such area or any part thereof constitutes under any law for the time being in force one or more constituencies of a Panchayat Samiti or Zilla Parishad or of the Mahakuma Parishad, elections to that Panchayat Samiti or Zilla Parishad or to the Mahakuma Parishad, as the case may be, such constituency or constituencies shall be held simultaneously with the elections to the Gram Panchayat:Provided further that if such area cannot constitute one or more constituencies of a Panchayat Samiti or Zilla Parishad or of the Mahakuma Parishad, the area shall be included in a contiguous constituency and no election shall be held from that constituency to the Panchayat Samiti or the Zilla Parishad or the Mahakuma Parishad, as the case may be, during the unexpired term of the members of such body holding office at the time.(3)With effect from the date on which the area as aforesaid is included in a Gram Panchayat, -(a)the properties, funds and liabilities of the Municipality in respect of the area so included, shall vest in and devolve on the Gram Panchayat, the Panchayat Samiti, the Zilla Parishad or the Mahakuma Parishad in accordance with such allocation as may be determined by the prescribed authority, and(b)the persons among those employed by the Municipality in respect of the area so included shall be deemed to be employed by the Gram Panchayat, the Panchayat Samiti, the Zilla Parishad or the Mahakuma Parishad in accordance with such allocation as may be determined by the prescribed authority.]
