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Bihar District Boards & Local Boards (Control & Management) Act, 1958

Bihar District Boards & Local Boards (Control & Management) Act, 1958

Act 20 of 1958

jhr132

For Statement of Objects and Reasons please see the Bihar Gazette Extraordinary, dated 21st November, 1958.

Governor's assent first published in the Bihar Gazette Extraordinary of the 19th December, 1958

An Act to take over Control and Management of District Boards and Local Boards in the State of Bihar

Be it enacted by the Legislature of the State of Bihar in the Ninth Year of the Republic of India as follows:-

1. Short title. - This Act may be called the Bihar District Boards and Local Boards (Control and Management) Act, 1958.

2. Vacation of office by members of District Boards and Local Boards. - (1) Notwithstanding anything contained in the Bihar and Orissa Local Self-Government Act, 1885 (Bengal Act III of 1885) (hereinafter referred to as the said Act), or the rules made thereunder, the State Government may by an order notified in the Official Gazette, direct that the members including the Chairman and the Vice-Chairman of any District Board or Local Board in the State of Bihar as constituted under the said Act shall, with effect from a date to be specified in such order, vacate their respective offices and their offices shall be deemed to be vacant from that date.

[(2) When an order under sub-section (1) has been made the powers, functions and duties conferred or imposed by or under the said Act or any other Act or rules made thereunder on the District Board or Local Board or on the Chairman, Vice-Chairman, any officer or Committee, as the case may be, shall, for a period till the 31st March, 1974, be exercised and performed by such person or persons as the State Government may, from time to time, appoints in this behalf.

Provided that the powers conferred by Section 33 of Bihar and Orissa Local Self Government Act, 1885 (Bengal Act III of 1885) may not be exercised by persons appointed under sub-section (2) without the previous sanction of the State Government; and

(1) Notwithstanding anything to the contrary contained in the said Act or the rules framed thereunder, any person aggrieved by an order of the person or persons appointed under sub-section (2) may, within two months from date of the order, prefer an appeal to the State Government and the order of the State lent thereon shall be final.]

(2) Notwithstanding such repeal, anything done or any action taken in the exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of powers conferred by or under this Act, as if this Act were in force on the day on which such thing was done or action taken.

3. Repeal and saving. - (1) The Bihar District Boards and Local Boards (Control and Management) Ordinance, 1958 (Bihar Ordinance No. VI of 1958), is hereby repealed.