Constitution of Panchayat Samiti under WB Panchayat Samiti

CHAPTER VIII
Constitution of Panchayat Samiti

93. Block. – (1) The State Government may, by notification, divide a district into Blocks each comprising such contiguous Grams as may be specified in the notification:
[Provided that a Block may comprise such Grams as are not contiguous or have no common boundaries and are separated by an area to which this Act does not extend or in which the remaining sections of this Act referred to in sub-section (3) of section 1 have not come into force.]
(2) The notification under sub-section (1) shall specify the name of the Block by which it shall be known and shall specify the local limits of such Block.
(3) The State Government may, after making such enquiry as it may think fit and after consulting the views of the Panchayat Samiti or Samitisconcerned, by notification –
(a) exclude from any Block any Gram comprised therein; or
[(b) include in any Block any Gram contiguous to such Block or separated by an area to which this Act does not extend or in which the remaining sections of this Act referred to in sub-section (3) of section 1 have not come into force; or]
(c) divide the area of a Block so as to constitute two or more Blocks; or
(d) unite the areas of two or more Blocks so as to constitute a single Block.
94. Panchayat Samiti and its constitution. – (1) For every Block the State Government shall constitute a Panchayat Samiti bearing the name of the Block.
(2) The Panchayat Samiti shall consist of the following members, namely:-
(i) Pradhans of the Gram Panchayats within the Block, ex officio;
(ii) such number of persons not exceeding “three as may be prescribed [on the basis of the number of voters in hill areas and other areas] to be elected from each Gram within the Block, the Gram being divided [by the prescribed authority] for the purpose into as many constituencies as the number of persons to be elected and the election being held by secret ballot at such timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) and in such manner as may be prescribed,[from amongst the persons, whose names are included in the electoral roll] [pertaining to the area comprised in the Block, prepared in accordance with such rules as may be made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for the purpose of an election by persons whose names are included in such electoral roll pertaining to the constituency comprised in such Gram:]
[Provided that seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in a Panchayat Samiti and the number of seats so reserved shall bear, as nearly as may be and in the manner and in accordance with such rules as may be made in this behalf by the State Government, the same proportion to the total number of seats in that Panchayat Samiti to be filled up by election as the population of the Scheduled Castes in the Panchayat Samiti area, or of the Scheduled Tribes in that Panchayat Samiti area, as the case may be, bears to the total population of the Panchayat Samiti area and such seats shall be subject to allocation by rotation, in the manner prescribed, to such different constituencies having Scheduled Castes or Scheduled Tribes population which bears with the total population in that constituency not less than half of the proportion that the total Scheduled Castes population or the Scheduled Tribes population in that Panchayat Samiti area, as the case may be, bears with the total population in that Panchayat Samiti area:]
[Provided further that not less than one-third of the total number of seats reserved for the Scheduled Castes and the Scheduled Tribes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be:]
[Provided also that not less than one-third of the total number of seats, including the seats reserved for the Scheduled Castes and the Scheduled Tribes, in a Panchayat Samiti shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed:]
[Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section [* * * * *] when the number of members to be elected to a Panchayat Samiti is determined, or when seats are reserved for the Scheduled Castes and the Scheduled Tribes in a Panchayat Samiti, in the manner as aforesaid, the number of members so determined or the number of seats so reserved shall not be varied for three successive general elections:]
[Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no woman for whom seats are reserved under this sub-section, shall, if eligible for election to a Panchayat Samiti, be disqualified for election to any seat not so reserved:]
[Provided also that such division into constituencies shall be made in such manner that the ratio between the population of the Block and the number of constituencies in the Panchayat Samiti shall, so far as practicable, be the same in any Panchayat Samiti:]
[Provided also that the State Election Commissioner may, at any time, for reasons to be recorded in writing [, by order, direct the prescribed authority to make fresh determination] of the number of members in a Panchayat Samiti or fresh reservation on rotation of the number of seats in the Panchayat Samiti and, on such order being issued by the State Election Commissioner, the determination of the number of members [or the number of seats to be reserved or the sequence of rotation of reservation of seats or any combination of them as may be specified in such order]shall not be varied for [the next] three successive general elections:]
[(iii) (a) members of the House of the People and the Legislative Assembly of the State elected thereto from a constituency comprising the Block or any part thereof, not being] [Ministers;]
(b) members of the Council of States, not being Ministers, [(registered as electors within the area of the Block;) and]
[(c) members of the Zilla Parishad, not being Sabhadhipati or Sahakari Sabhadhipati, elected thereto from the constituency comprising any part of the Block.]
(3) Every Panchayat Samiti constituted under this section shall [* * * * *] be notified in the Official Gazette and shall come into office with effect from the date of its first meeting at which a quorum is present.
(4) Every Panchayat Samiti shall be a body corporate having perpetual succession and a common seal and shall by its corporate name sue and be sued.
95. Effect of the alteration of the area of a Block. – (1) When any Gram is excluded from a Block under clause (a) of sub-section (3) of section 93, such Gram shall, as from the date of the notification referred to in that sub-section, cease to be subject to the jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. of the Panchayat Samiti of that Block and, unless the State Government otherwise directs, to the rules, orders, directions and notifications in force therein.
(2) When a Gram is included in a Block under clause (b) of sub-section (3) of section 93, the Panchayat Samiti for that Block shall, as from the date of the notification referred to in that sub-section, have jurisdiction over such Gram and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in that Block shall apply to the Gram so included.
[(3) When the area of any Block is divided under clause (c) of sub-section (3) of section 93 so as to constitute two or more Blocks, there shall be reconstitution of the Panchayat Samitis for the newly constituted Blocks in accordance with the provisions of this Act, and the Panchayat Samiti of the Block so divided shall, as from the date of coming into office of the newly constituted Panchayat Samitis, cease to exist.]
[(4) When the areas of two or more Blocks are united under clause (d) of sub-section (3) of section 93 so as to constitute a single Block, there shall be reconstitution of the Panchayat Samiti for the newly constituted Block in accordance with the provisions of this Act, and the Panchayat Samitisof the Blocks so united shall, as from the date of coming into office of the newly constituted Panchayat Samiti, cease to exist.]
(5) When under sub-section (3) of section 93 any Gram is excluded from, or included in, a Block, or a Block is divided so as to constitute two or more Blocks, or two or more Blocks are united to constitute a single Block, the properties, funds and liabilities of the Panchayat Samiti or Samitisaffected by such reorganisation shall vest in such Panchayat Samiti, or Samitis, and in accordance with such allocation, as may be determined by order in writing by the prescribed authority, and such determination shall be final.
(6) An order made under sub-section (5) may contain such supplemental, incidental and consequential provisions as may be necessary to give effect to such reorganisation.
[Explanation. – For the purpose of reconstitution of the Panchayat Samiti after division referred to in sub-section (3) or after unification referred to in sub-section (4), -]
(a) it shall not be necessary to hold general elections to the newly constituted Panchayat Samiti or Panchayat Samitis when the terms of office of the members of the former Panchayat Samitis within the scope and meanings of sub-section (1) of section 96, do not expire,’ and
(b) such members having unexpired terms of office shall be declared by the State Government or such authority as may be empowered, by order, by the State Government in this behalf, by notification in the Official Gazette as members to the newly constituted Panchayat Samitithat comprises the constituencies, wholly or in part, from which such members were elected to the former Panchayat Samitis and any such member shall hold office in the newly constituted Panchayat Samiti for the unexpired portion of the term of his office.
[95A. Effect of inclusion of any area of Block in any area of Municipality. – If, at any time, the whole of the area of a Block is included in the area of a Municipality by a notification under any law for the time being in force or in an area under the authority of a Town Committee or a Cantonment, the Panchayat Samiti for such area shall cease to exist within six months from the date of the notification or with effect from such date as may be specified in the notification or with effect from the date on which elections to the newly constituted body are completed, whichever is earlier, and the properties, funds and other assets vested in such Panchayat Samiti shall vest in and devolve on the Municipality or the Town Committee or the Cantonment Authority, as the case may be, in accordance with the orders of the prescribed authority. The persons employed under such Panchayat Samiti shall, with effect from the date on which the Panchayat Samiti ceases to exist, be deemed to be employed by the Municipality or the Town Committee or the Cantonment Authority, as the case may be, on terms and conditions not being less advantageous than what they were entitled to immediately before such inclusion.]
[96. Office of members of Panchayat Samiti. – (1) The members of a Panchayat Samiti, other than ex officio members, shall, subject to the provisions of sections 100 and 213A, hold office for a period of five years from the date of its first meeting and no longer.
(2) There shall be held a general election for the constitution of a Panchayat Samiti within a period not exceeding five years from the date of the previous general election held for the Panchayat Samiti:
Provided that if the first meeting of the newly-formed Panchayat Samiti cannot be held before the expiry of the period of five years under sub-section (1), the State Government may, by order, appoint any authority, person or persons to exercise and perform, subject to such conditions as may be specified in the order, the powers and functions of the Panchayat Samiti under this Act or any other law for the time being in force, for a period not exceeding three months or until the date on which such first meeting of the newly-formed Panchayat Samiti is held, whichever is earlier.]
[96A. * * * * * * *]
97. Disqualifications of members of Panchayat Samiti. – Subject to the provisions contained in section 140 and 142, a person shall not be qualified to be a member of a Panchayat Samiti, if –
(a) he is a member [* * * * *] of any municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1; or
[(b) he is in the service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti or [a Zilla Parishad or theMahakuma Parishad or the Council;] and for the purposes of this clause, it is hereby declared that a person in the service of any undertaking of the Central or the State Government or any statutory body or CorporationCorporation A legally established entity that can enter into contracts, own assets and incur debt, as well as sue and be sued—all separately from its owner(s). The term covers both for-profit and nonprofit corporations and includes nonstock corporations, incorporated membership organizations, incorporated cooperatives, incorporated trade associations, professional corporations and, under certain circumstances, limited liability companies. or any public or Government company or any local authority or any co-operative society or any banking company or any university or any Government sponsored institution or any educational or other institution or undertaking or body receiving any aid from the Government by way of grant or otherwise or a person not under the rule-making authority of the Central or the State Government or a person receiving any remuneration from any undertaking or body or organisation or association of persons as the employee or being in the service of such undertaking or body or organisation or association of persons out of funds provided or grants made or aids given by the Central or the State Government, shall not be deemed to be in the service of the Central or the State Government; or]
(c) he has, directly or indirectly by himself or by his partner or employer or an employee, any share or interest in any contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. with, by or on behalf of, the Panchayat Samiti, or a Gram Panchayat within the Block concerned [or the Zilla Parishad of the district, or the Mahakuma Parishad or the Council:]
Provided that no person shall be deemed to be disqualified for being elected a member of a Panchayat Samiti by reason only of his having a share or interest in any public company as defined in the Companies Act, 1956, which contracts with or is employed by the Panchayat Samiti or any suchGram Panchayat [or such Zilla Parishad or the Mahakuma Parishad or the Council;] or
(d) he has been dismissed from the service of the Central or a State Government or a local authority or a co-operative society, or a Government Company or a Corporation owned or controlled by the Central or the State Government for misconduct involving moralMorality Mental frame. It can be high morality or low morality, savage morality or civilised morality or Christian morality, or Nazi morality. Decent Behaviour is acceptable norms of the nations. Christian morality starts with the belief that all men are sinners and that repentance is the cause of divine mercy. Putting Crucified Christ in between is the destruction of Christian morality and logic. Now morality shifted to the personal choice of Jesus. What Jesus did is 'good'. The same would be the case of Ram, Krishna, Muhammad, Buddha, Lenin, etc. Pure Human Consciousness degraded to pure followership. There exists no proof the animals are devoid of morality. turpitude and five years have not elapsed from the date of such dismissal; or
(e) he has been adjudged by a competent court to be of unsound mind; or
(f) he is an undischarged insolvent; or
(g) he being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or
[(h)(i) he has been convicted by a court –
(A) of an offence involving moral turpitude punishable with imprisonment for a period of more than six months, or
(B) of an offence under Chapter IXA of the Indian Penal Code, or
(C) under section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952, and five years have not elapsed from the date of the expiration of the sentence; or
(ii) he is disqualified for the purpose of elections to the State Legislature under the provisions of Chapter III of Part II of the Representation of the People Act, 1951; or]
[(i) he has not attained the age of twenty-one years on the date fixed for the scrutiny of nominations for any election; or]
[(j) he has been convicted under section 189 at any time during the last ten years; or]
[(k) he has been surcharged or charged under section 192 at any time during the last ten years; or]
[(l) he has been removed under section 213 at any time during the last five years.]
98. Sabhapati and Sahakari Sabhapati. – (1) Every Panchayat Samiti shall, at its first meeting at which a quorum is present, elect, in the prescribed manner, one of its members to be the Sabhapati and another member to be the Sahakari Sabhapati of the Panchayat Samiti:
Provided that members referred to in [clauses (i) and (iii)] of sub-section (2) of section 94 [shall neither participate in, nor be eligible, for, such election:]
[Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that on being elected, he shall be a wholetime functionary of his office and that during the period for which he holds or is due to hold such office, he shall not hold any office of profit unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his powers, due performance of his functions or due discharge of his duties:]
[Provided also that subject to such rules as may be made by the State Government in this behalf, the offices of the Sabhapati and the Sahakari Sabhapati shall be reserved for the Scheduled Castes and the Scheduled Tribes in such manner that the number of offices so reserved at the time of any general election shall bear, as nearly as may be, the same proportion to the total number of such offices within a district as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, in all the Blocks within such district taken together bears with the total population in the same area, and such offices shall be subject to allocation by rotation in the manner prescribed:]
[Provided also that after being elected to an office of a full time office bearer, he shall be all owed lien or leave of absence from the place of his employment for his full tenure in such office with effect from the date of his joining to such office by the Department or authority or undertaking or aided institution of the State Government under which he holds his office of profit;]
[Provided also that the offices of the Sabhapati and the Sahakari Sabhapati in any Panchayat Samiti having the Scheduled Castes or the Scheduled Tribes population, as the case may be, constituting not more than five per cent of the total population in the Block, shall not be considered for allocation by rotation:]
[provided also that in the event of the number of Blocks having the Scheduled Castes or the Scheduled Tribes population constituting more than five per cent of the total population, falling short of the number of the offices of the Sabhapati and the Sahakari Sabhapati required for reservation in a district, the State Election Commissioner may, by order, include, for the purpose of reservation, other such offices of the Sabhapati and theSahakari Sabhapati beginning from the Block having higher proportion of the Scheduled Castes or the Scheduled Tribes, as the case may be, until the total number of seats required for reservation is obtained:]
[Provided also that not less than one-third of the total number of the offices of the Sabhapati and the Sahakari Sabhapati reserved for the Scheduled Castes and the Scheduled Tribes in a district, shall be reserved by rotation for the women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be:]
[Provided also that not less than one-third of the total number of offices of the Sabhapati and the Sahakari Sabhapati in a district including the offices reserved for the Scheduled Castes and the Scheduled Tribes, shall be reserved for the women, and the offices so reserved shall be determined by rotation in such manner as may be prescribed:]
[Provided also that in a district, determination of the offices of the Sabhapati reserved for the Scheduled Castes, the Scheduled Tribes and women shall precede such determination for the offices of Sahakari Sabhapati:]
[Provided also that if, for any term of election (hereinafter referred to in this proviso as the said term of election), the office of the Sabhapati in aPanchayat Samiti is reserved for any category of persons in terms of the rules in force, the office of the Sahakari Sabhapati in the Panchayat Samiti shall not be reserved for the said term of election for any category and if, in accordance with the rules applicable to the office of the Sahakari Sabhapati, such office is required to be reserved for the said term of election, such reservation for the same category shall be made in another office of the Sahakari Sabhapati within the district in the manner prescribed, keeping the total number of offices so reserved for the said term of election equal to the number of such offices enquired to be reserved in accordance with the rules in force:]
[Provided also that when in any term of election, an office of the Sahakari Sabhapati is not reserved on the ground that the corresponding office of the Sabhapati is reserved in the manner prescribed, such office of the Sahakari Sabhapati not reserved on the ground as aforesaid, shall be eligible for consideration for reservation during the next term of election the manner prescribed:]
[Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section or elsewhere in this Act, the principle of rotation for the purpose of reservation of offices under this sub-section shall commence from the first election to be held after the coming into force of section 26 of the West Bengal Panchayat (Amendment) Act, 1994, and the roaster for reservation by rotation shall continue for every three successive terms for the complete rotation unless the State Election Commissioner, for reasons to be recorded in writing and by notification, directs fresh commencement of the rotation at any stage excluding one or more terms from the operation of the rotation:]
[Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no woman, for whom the offices are reserved under this sub-section, shall, if eligible for the office of the Sabhapati or Sahakari Sabhapati, be disqualified for election to any office not so reserved:]
[Provided also that the provisions for reservation of the offices of the Sabhapati and the Sahakari Sabhapati for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more.]
(2) The meeting to be held under sub-section (1) shall be convened by the prescribed authority in the prescribed manner.
(3) The Sabhapati and the Sahakari Sabhapati shall, subject to the provisions of section 101 and to their continuing as members, hold office for a period of [five years:]
[* * * * * * *]
(4) When-
(a) the office of the Sabhapati falls vacant by reason of death, resignation, removal or otherwise, or
(b) the Sabhapati is, by reason of leave, illness or other cause, temporarily unable to act, the Sahakari Sabhapati shall exercise the powers, perform the functions and discharge the duties of the Sabhapati until a new Sabhapati is elected and assumes office or until the Sabhapatiresumes his duties, as the case may be.
(5) When –
(a) the office of the Sahakari Sabhapati falls vacant by reason of death, resignation, removal or otherwise, or
(b) the Sahakari Sabhapati is, by reason of leave, illness or other cause, temporarily unable to act, the Sabhapati shall exercise the powers, perform the functions and discharge the duties of the Sahakari Sabhapati until a new Sahakari Sabhapati is elected and assumes office or until the Sahakari Sabhapati resumes his duties, as the case may be.
(6) When the offices of the Sabhapati and the Sahakari Sabhapati are both vacant or the Sabhapati and the Sahakari Sabhapati are temporarily unable to act, the prescribed authority may appoint .[for a period of thirty days at a time] a Sabhapati and a Sahakari Sabhapati from among the members of the Panchayat Samiti to act as such until a Sabhapati or a Sahakari Sabhapati is elected [or assumes office or until the Sabhapati or the Sahakari Sabhapati resumes duties, as the case may be,]
[* * * * * * *]
(8) The Sabhapati and the Sahakari Sabhapati of a Panchayat Samiti shall be paid out of the Panchayat Samiti Fund such [remuneration] and allowances and shall be entitled to leave of absence for such period or periods and on such terms and conditions, as may be prescribed.
[(9) Notwithstanding anything to the contrary contained in this Act, the State Government may, by an other in writing, remove a Sabhapati or aSahakari Sabhapati from his office if, in its opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion., he holds any office of profit or carries on or is associated with any business, profession or calling in such manner that shall, or is likely to interfere with due exercise of his powers, performance of his functions or discharge of his duties:]
Provided that the State Government shall, before making any such order, give the person concerned an opportunity of making a representation against the proposed order.
99. Resignation of Sabhapati, Sahakari Sabhapati or a member. – (1) A Sabhapati or a Sahakari Sabhapati or a member of a Panchayat Samitimay resign his office by notifying in writing his intention to do so to the prescribed authority and on such resignation being accepted the Sabhapati, the Sahakari Sabhapati or the member shall be deemed to have vacated his office.
(2) When a resignation is accepted under sub-section (1), the prescribed authority shall communicate it to the members of the Panchayat Samitiwithin thirty days of such acceptance.
100. Removal of member of Panchayat Samiti. – The prescribed authority may, after giving opportunity to a member of a Panchayat Samiti [other then an ex officio member] to show causeShow Cause A process directed to a person to appear in court and present reasons why a certain order, judgment, or decree should not be made final. against the action proposed to be taken against him, by order remove him from office –
(a) if after he becomes a member he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than six months; or
(b) if he was disqualified to be a member of the Panchayat Samiti at the time of his becoming a member; or
(c) if he incurs any of the disqualifications mentioned in clauses (b) to (g) of section 97 after his becoming a member of the Panchayat Samiti; or
(d) if he is absent from three consecutive meetings of the Panchayat Samiti without the leave of the Panchayat Samiti [* * * * *]; or
(e) if he does not pay any arrear in respect of any tax, toll, fee or rate payable under this Act or the Bengal Village Self-government Act, 1919, or the West Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963.
(2) Any member of a Panchayat Samiti who is removed from his office by the prescribed authority under sub-section (1) may, within thirty days from the date of the order, appeal to such authority as the State Government may appoint in this behalf, and, thereupon, the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority, and after giving the appellant an opportunity of being heard, modify, set aside or confirm the order.
(3) The order passed by such authority on such appeal shall be final.
[* * * * * * *]
101. Removal of Sabhapati or Sahakari Sabhapati. – [Subject to the other provisions of this section, a Sabhapati or a Sahakari Sabhapati] of aPanchayat Samiti may, at any time, be removed from office [by a resolution carried by the majority of the existing members referred to in clause (ii) of sub-section (2) of section 94] at a meeting specially convened for the purpose. Notice of such meeting shall be given to the prescribed authority:
Provided that at any such meeting while any resolution for the removal of the Sabhapati from his office is under consideration, the Sabhapati or while any resolution for the removal of the Sahakari Sabhapati from his office is under consideration, the Sahakari Sabhapati shall not, though he is present, preside, and the provisions of sub-section (2) of section 105 shall apply in relation to every such meeting as they apply in relation to a meeting from which the Sabhapati or, as the case may be, the Sahakari Sabhapati is absent :
[Provided further that no meeting for the removal of the Sabhapati or the Sahakari Sabhapati under this section shall be convened within a period of one year from the date of election of the Sabhapati or the Sahakari Sabhapati:]
[Provided also that if, at a meeting convened under this section, either no meeting is held or no resolution removing an office bearer is adopted, no other meeting shall be convened of the removal of the same office bearer within six months from the date appointed for such meeting.]
102. Filling of casual vacancy in the office of Sabhapati or Sahakari Sabhapati. – In the event of removal of Sabhapati or a Sahakari Sabhapatiunder section 101 or when a vacancy occurs in the office of a Sabhapati or a Sahakari Sabhapati by resignation, death or otherwise, thePanchayat Samiti shall elect another Sabhapati or Sahakari Sabhapati in the prescribed manner.
103. Filling of casual vacancy in the office of a member of Panchayat Samiti. – If the office of a member of a Panchayat Samiti becomes vacant by reason of his death, resignation, removal or otherwise, the vacancy shall be filled in the prescribed manner.
104. Term of office of Sabhapati, Sahakari Sabhapati or member filling casual vacancy. – Every Sabhapati or Sahakari Sabhapati elected under section 102 and a person who becomes a member under section 103 to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the person in whose place he becomes a member.
105. Meetings of Panchayat Samiti. – (1) Every Panchayat Samiti shall hold a meeting [in its office at least once in every three months on such date and at such hour as the Panchayat Samiti may fix at the immediately preceding meeting:]
Provided that the first meeting of a newly-constituted Panchayat Samiti shall be held [on such date and at such hour and at such place within the local limits of the Block concerned] as the prescribed authority may fix:
Provided further that the Sabhapati when required in writing by one-fifth of the members of the Panchayat Samiti to call a meeting [shall do so fixing the date and hour of meeting] [to be held within fifteen days after giving intimation to the prescribed authority and seven days’ notice to the members of the Panchayat Samiti] failing which [the members aforesaid may call a meeting] [to be held within thirty-five days] after giving intimation to the prescribed authority and seven clear days’ notice to the Sabhapati and the other members of the Panchayat Samiti. Such meeting shall be held [in the office of the Panchayat Samiti on such date and at such hour] as the members calling the meeting may decide. [The prescribed authority may appoint an observer for such meeting who shall submit to the prescribed authority a report in writing duly signed by him within a week of the meeting on the proceedings of the meeting. The prescribed authority shall, on receipt of the report, take such action thereon as it may deem fit:]
[Provided also that for the purpose of convening a meeting under section 101, at least one-fifth of the members referred to in clause (ii) of sub-section (2) of section 94 shall require the Sabhapati to convene the meeting]:
[Provided also that if the Panchayat Samiti does not fix at any meeting the date and hour of the next meeting or if any meeting of the Panchayat Samiti is not held on the date and hour fixed at the immediately preceding meeting, the Sabhapati shall call a meeting of the Panchayat Samiti on such date and at such hour as he thinks fit].
(2) The Sabhapati or in his absence the Sahakari Sabhapati shall preside at the meeting of the Panchayat Samiti and in the absence of both [or on the refusal of any or both to preside at a meeting], the members present shall elect one of them to be the President of the meeting.
(3) One-fourth of the total number of members shall form a quorum for a meeting of a Panchayat Samiti:
Provided that no quorum shall be necessary for an adjourned meeting.
(4) All questions coming before a Panchayat Samiti shall be decided by a majority of votes:
Provided that in case of equality of votes the person presiding shall have a second or casting vote:
[Provided further that in case of a requisitioned meeting for the removal of a Sabhapati or a Sahakari Sabhapati under section 101, the person presiding shall have no second or casting vote].
106. List of business to be transacted at a meeting. – A list of the business to be transacted at every meeting of a Panchayat Samiti, except at an adjourned meeting, shall be sent to each member of the Panchayat Samiti in the manner prescribed, at least seven days before the time fixed for such meeting and no business shall be brought before or transacted at any meeting, other than the business of which notice has been so given except with the approval of the majority of the members present at such meeting:
Provided that if the Sabhapati thinks that a situation has arisen for which an emergent meeting of the Panchayat Samiti should be called, he may call such meeting after giving three days’ notice to the members:
Provided further that not more than one matter shall be included in the list of business to be transacted at such meeting.
107. Report on the work of Panchayat Samiti. – The Panchayat Samiti shall prepare in the prescribed manner a report on the work done during the previous year and the work proposed to be done during the following year and submit it to the prescribed authority and to the Zilla Parishadconcerned within the prescribed time.
108. Block Development Officer to attend meeting. – The Block Development Officer shall attend meetings of the Panchayat Samiti and shall participate in the deliberations thereof.