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State of West Bengal - Section

Section 214 in The West Bengal Panchayat Act, 1973

214. Powers of State Government to supersede a Gram Panchayat, Panchayat Samiti or Zilla Parishad.

(1)If, in the opinion of the State Government, any Gram Panchayat, Panchayat Samiti or Zilla Parishad -
(i)has shown its incompetence to perform or has persistently made default in the performance of the duties imposed on it by or under this Act or any other law, or
(ii)has exceeded or abused its powers,
the State Government may, by order, to be published in the Official Gazette stating the reasons therefor supersede the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, and direct that it be reconstituted [within such period not exceeding six months] [Word 'two years' first substituted for the words 'six months' by W.B. Act 11 of 1982, then the words within third brackets substituted for the words 'within such period not exceeding two years' by W.B. Act 18 of 1994.] as may be specified in the order :[Provided that the members of the Gram Panchayat, Panchayat Samiti or Zilla Parishad as reconstituted shall hold office for the unexpired portion of the period for which the member of the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, would have held office had the Gram Panchayat, Panchayat Sdmiti or Zilla Parishad, as the case may be, not been superseded] [Proviso Inserted by W.B. Act 17 of 1992.].
(2)The State Government shall, before making any order under sub-section (1), give the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be, an opportunity of making a representation against the proposed order.