The West Bengal District Boards Act, 1947
Act 3 of 1947
Keyword(s): Boundary Commission, Dissolution, Constitution, District Boards
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0 West Bengal Act III of 1947' THE WEST BENGAL DISTRICT BOARDS ACT, 1947.
West Den. Act XV of 1 948. Wcsi Ben. Acl VIII of 1349. West Ben. Act I11 of 1950. {Vesl Ben. Act LIII or 1950.
. . The Adaprarion of Laws Ordcr, 1950-
At1 Acr ro providefor rlie dissolrrrio~~arrd cotisrirtrriotl of cerraitl district boards. WHERWSunder the award of ~hcBoundary Commission pals of [he districrs of Jalpaiguri, Malda, Nndia and Dinajpur havc bccn excluded from the Provjncc of West Bengal;
ANDWHEREAS I~Cnew distric~sof 'madial, Wesl Dinajpur, Malda and Jalpaiguri have bccn cons~i~u!edcomprising respectively hc pnris of thc formcr disrricls of Nudia, Dinajpur, Maldo and Jalpaiguri which have bccn included within Wcst Bengal under thc said award; AND WHEREAS i~ is expedient 10 providc for-thc dissolu~ionand constitution or cerrain dislrict boards; I! is hcrchy enacted as follows:-
1. (I) This Act may be callcd the Wesl Bengal Dislric~Boards Act, Short rirle and conlnrn- 1947. wmmr. Wssr Bcn. (2) 11 shall cornc into Ibrcc on thc datc on which the Wesl Bcngal ord . XI or 1'157. Djsmict Boards Ordinance. 1947. ceases lo opcrate.
10& 11. 2. In this ACLthe expression "Boundary Commission" means the &hilion. Gcu. VI,c. 30. Boundary Commission referred ro in thc Tndian Independcncc Act, 1947.
Bun. Acr 111 3. Norwilhslanding anything con~aincdin the Bengal Local Sclf- Dissolulion m5. or Governmenr Acl of 1885 or in any other law for thc time heing in forcc, ::z:yn on and from lhc dale on which the award of hc Boundary Commission hds. camc inlo force rhe disrricl boards of the dislricrs of Nadia, Dinajpur, Malda and Jalpaiguri consri~utrdunder [he said Act shall bc deemed 10 Iiave bccn dissolved mdevery member of each such board shall be deemed
'For Slalc'menr of Objccts and Rcasons. .rrr )he Cnlcirnn Guret~c, hrrd thc 15th Navembcr, 1947. Pan IV, pgc743: ror prooxding oT~kiVcsr Ben@ Lcgislotivc Asxrnbly. .~celhc pmcecdings orihc mecling oiihe\Ves~Bcngd Lrgislvive Asxrnbly held on Be 26ih Novcnikr. 1947. 'This word was substi~u!cdfur the word "Navadrcip" by the W'L~I Bcngdl Disrricr Boards (Arncndmcni)Ac~.1948 ( Wcst Bengal Act XV of 19-18), T11e Wsr Betrgal District Boards ACI, 1947.
[West Ilcn. Act
ro have ceased ID hold officc as such me~nbcrin so far as such boards hd :lulhori~yover any arca includcd within Wes~Bcngal under the said award.
Consrilu- 4. (1) Nnrwithsranding anylhing con~aincdin ~hcBcngal Local lion oicrn;ii~i districr Sclf-Government Act of 1885 nr in any orher law lor rlie lime bcing in bod~i~. forcc. ~hc'!State] Govcrnmcnrmay, by notifjcalion in hcOJlicial Gazcrtc, consti~u~cdis~ricthoards ofrhc dis~rictsofl[Nadia], Wesl Dinnjpur, Malda and Jalpaiguri in such manner and consisling of such number of members as it may de~ermincin this behalf. (2) The dislricr bnilrds consti~u~edundcr sub-secrion (1) shall bc dcemd to have been consriluted on and from the date on which [he award of rhc Boundary Commission came into Ibrcc.
5. Thc 'IS~are]Government may, by nolific~lionin the Oficial Gozertc, fix thc rerm of oflicc of mcmbers of rhcdisirict boardsconsrirured under section 4: Provided [hat thc lerm of oflicc so fixed shall not exceed '[four years, four nionths and fifrccn days] from ~hcdarc on which thc award or rhe Boundiuy Commission camc inlo lorce.
Rtxo~lilil- %A. On the expiration OF the renn of oriicc or the members of thc u~ion,ul cc.1-131n Dislricl Boards conslirurcd under section 4, thc said Dis~icrBoards shall 13is1rirt be reconstituted in accordance wirh the provisions of thc Bcngal Local Bods111 accordmce Sclf-Governmcnt Act of 1885; and for the purpose of such rccons~iturion, wilhlhc the rneotbzrs or thc said Disuic~Boards shall be elecled, bcrorc the expiry provisions or iht Rcnpnl of the tern1 of oIficc of the rnembcrs of the Districl Boards consriluted Locd Scll- undcr secrion 4, in accordance wirh hc provisions of the Bcngnl Local Guvcrnriirnt Act or the and hc Aci of 1x85. Self-Govcmmcnl 1585 and mles framcd hereunder pcrsons who ccasud to hold rhcir offices under secuon 3 shall not be dccrncd disqualified for such elccuons if they are orhcrwisc quaIiFied thcrcior.
6. Any rules, by-laws, notiLcations or directions issued or anything donc ur any aclion taken or any suir jns~iluted or any proceedings commcnccd by or against he districr boards dissolved under scclion 3 - 'This word was subslirutt.d CM the word "Pmvincial" by pm. 4(I) otthc Adaplation of htvs Ordcr. 1950. 'See hot-nolc 2 on page I, wire. 'Thc wnrtl~"andskrnonlhs" wereorigin,aUy iwncdafterthc sods"iwoycm"by s. 2 or W~ (Sr ~+{iotz 7. ) in relation to the arcas comprised in thc districts of '[Nadia], Wesr Dinajpur, Malda and Jillpaiguri hcforc he publication of thc norification constiluring rhc diirricr hoards of rhc said disti-ic!s under sub-sec~ion(I) orsecrion 4 shalI be decmcd to havc bccn issucd, done, lakcn, instirurcd or commcnced, as rhe case may be, by or against ~hcrespective disrricr hoards as so consritutcd as if such hoards had been constitured and in exis~cnceat rhc rime when such rules. by-laws, nolificarions or directions were issucd, thing done, ar~ionrnken, suir insritutcd or proceedings commenced. 7. Any notifiuilrion issucd or anything done or any acrinn laken in Conlinuancc \\+srBcn. exercise of any powcr conferred by [he Wcsr Bengd Djstricr Boards ~~~~~~dcr Ord. Ordinance, 1947, shall, on thc said Ordinance ceaing 10 be in opcrarion, {Vest Bcngal 1947. Ordinmcc Xl bc deemcd to havc hccn issued, done or takcn in excrcise of rhc powers ,, ,947. conrcrred by [his Act as if this Acr had cornmcnced on the 1st day of November. 1947.