Constitution of commune panchayat councils for commune panchayat and their incorporation

Constitution of commune panchayat councils for commune panchayat and their incorporation. --

1. (1) A commune panchayat council shall be constituted for each commune panchayat with effect from such date as may be specified in the notification issued in that behalf by the Government.
2. (2) Subject to the provisions of this Act, the administration of the commune panchayat shall vest in the commune panchayat council but the commune panchayat council shall not be entitled to exercise functions expressly assigned by or under this Act or any other law to its Chairman or the Commissioner or to the village panchayat or any other authority: Provided that if and so long as there is no village panchayat in any part of a commune panchayat, the commune panchayat council shall exercise all the powers including the power of taxation, discharge the duties, perform the functions and be credited with the receipts and debited with the charges of the village panchayat and the Chairman and the Commissioner of the commune panchayat council shall exercise the powers, discharge the duties and perform the functions of the President and the executive authority respectively.
3. (3) Every commune panchayat council shall be a body corporate by the name of the commune panchayat specified in the notification issued under section 5, shall have perpetual succession and a common seal, with power, subject to any restriction or condition imposed by or under this Act or any other law, to acquire, hold and dispose of property (movable or immovable), enter into contracts, and do all things necessary, for the purpose for which it is constituted and may by the said name sue and be sued.