Establishment of the Panchayat Samiti under WB Panchayat Act

CHAPTER X

Establishment of the Panchayat Samiti

Staff of the Panchayat Samiti.– (1) There shall be an Executive Officer for every Panchayat Samiti and the Block Development Officer shall be the ex officio Executive Officer:

Provided that any such Block Development Officer shall be recalled by the State Government if a resolution to that effect is passed by thePanchayat Samiti, at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the 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”) being:

[(1A) There shall be a Joint Executive Officer for every Panchayat Samiti and the Joint Block Development Officer of the Block shall be the ex officio Joint Executive Officer.]

[(1B) There shall be a Secretary for every Panchayat Samiti and the Extension Officer, Panchayats shall be the ex officio Secretary.]

(2) [Subject to such rules as may be made by the State Government, a Panchayat Samiti] may appoint such other officers and employees as may be required by it and may fix the salaries to be paid to the persons so appointed:

Provided that no post shall be created or abolished and no revision of the scale of pay of any post shall be made by the Panchayat Samiti without the prior approval of the State Government:

[Provided further that subject to the decision of the Panchayat Samiti, the orders relating to appointment and other service matters concerning any post under the Panchayat Samiti] [shall be signed by, and be issued by or on behalf of, the Executive Officer.]

[(3) The State Government shall make rules relating to the method of recruitment and the terms and conditions of service including the pay and allowances, superannuation, provident fund and gratuity of the employees of the Panchayat Samiti.]

Placing the services of State Government officers at the disposal of thePanchayat Samiti.– The State Government may place at the disposal of the Panchayat Samiti the services of such officers or other employees serving under it [and on such terms and conditions] as it may think fit:

Provided that any such officer or employee shall be recalled by the State Government if a resolution to that effect is passed by the Panchayat Samiti, at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being:

Provided further that the State Government shall have disciplinary control over such officers and employees.

Control and punishment of the staff of thePanchayat Samiti.– (1) The Executive Officer shall exercise general control over all officers and employees of the Panchayat Samiti.

(2) The Executive Officer may award any punishment other than dismissal, removal or reduction in rank to an officer or employee [of a Panchayat Samiti.]

(3) The Executive Officer may recommend the dismissal, removal or reduction in rank of an officer or employee [of a Panchayat Samiti] to the[Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti and such Samiti shall forward the case to the Panchayat Samiti with its own recommendation. The Panchayat Samiti may, if it is satisfied with such recommendation of the [Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti, dismiss, remove or reduce in rank any such officer or employee.

(4) No officer or other employee [of a Panchayat Samiti] shall be punished by the Panchayat Samiti except by a resolution of the Panchayat Samitipassed at a meeting.

Appeal.– (1) An appeal shall lie to thePanchayat Samiti against an order of punishment awarded by the Executive Officer under sub-section (2) of section 121 within one month from the date of that order.

(2) An appeal shall lie to the Divisional Commissioner against an order of punishment awarded by the Panchayat Samiti under sub-section (3) or (4) of section 121 within one month from the date of that order.

Exercise of powers, etc., by the officers and employees.– Subject to the provisions of this Act, the rules framed thereunder and to any general or special directions given by the State Government in that behalf the officers and other employees employed by thePanchayat Samiti and the officers and other employees whose services have been placed at the disposal of the Panchayat Samiti shall exercise such powers, perform such functions and discharge such duties as the Panchayat Samiti may determine.