Powers and duties of Panchayat Samiti under WB Panchayat Act

CHAPTER IX
Powers and duties of Panchayat Samiti

109. Power of Panchayat Samiti. – (1) [A Panchayat Samiti shall function as a unit of self-government and, in order to achieve economic development and secure social justice for all, shall prepare –
(i) a development plan for the five-year term of the office of the members, and
(ii) an annual plan for each year by the month of January of the proceeding year,
in furtherance of its objective of development of the community as a whole and socio-economic upliftment of the individual members of the community and, without prejudice to the generality of the above provisions, shall have power to -]
(a) [(i) undertake schemes or adopt measures, including the giving of financial assistance, relating to the development of agriculture, fisheries, live-stock, khadi, cottage and small-scale industries, cooperative movement, rural credit, water-supply, irrigation and minor irrigation including water management and watershed development, public health and sanitation including establishment and maintenance of dispensaries and hospitals, communication, primary and secondary education, adult and non-formal education, welfare of students, social forestry and farm forestry including fuel and fodder, rural electrification including distribution, non- conventional energy sources, women and child development, social welfare and other objects of general public utility;]
(ii) undertake execution of any scheme, performance of any act, or management of any institution or organisation entrusted to it by the State Government or any other authority;
(iii) manage or maintain any work of public utility or any institution vested in it or under its control and management;
(iv) make grants-in-aid of any school, public institution or public welfare organisation within the Block;
(b) make grants to the Zilla Parishad [or Mahakuma Parishad or Council] or Gram Panchayats;
(c) contribute with the approval of the State Government such sum or sums as it may decide, towards the cost of water-supply or anti-epidemic measures undertaken by a municipality within the Block;
(d) adopt measures for the relief of distress;
(e) co-ordinate and integrate the development plans and schemes prepared by Gram Panchayats in the Block, if and when necessary;
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(2) Notwithstanding anything in sub-section (1), a Panchayat Samiti shall not undertake or execute any scheme confined to an area over which aGram Panchayat has jurisdiction unless the Gram Panchayat is of opinion that the implementation of such a scheme is beyond its competence financially or otherwise and passes a resolution to that effect. In the latter case the Panchayat Samiti may execute the scheme itself or entrust its execution to the Gram Panchayat and give such assistance as may be required :
[Provided that a Panchayat Samiti may undertake or execute any scheme referred to in sub-clause (ii) of clause (a) of sub-section (1) confined to an area over which a Gram Panchayat has jurisdiction].
(3) A Panchayat Samiti may undertake or execute any scheme if it extends to more than one Gram.
110. State Government may place other property under Panchayat Samiti. – The State Government may, from time to time, with the consent of a Panchayat Samiti place any road, bridge, ferry, channel, building or other property vested in the State Government and situated within the Block under the control and management of the Panchayat Samiti subject to such conditions as it may specify:
Provided that the State Government may, after considering the views of the Panchayat Samiti, withdraw such control and management to itself subject to such conditions as it may specify.
111. Power of Panchayat Samiti to transfer roads or properties to the State Government or the Zilla Parishad [or a Gram Panchayat]. – APanchayat Samiti may transfer to the State Government or to the Zilla Parishad [or Mahakuma Parishad or Council] [or to a Gram Panchayat] any road or part of a road or any other property, which is under its control on management, or which is vested in it, on such terms and conditions as may be agreed upon.
112. Panchayat Samiti may take over works. – A Panchayat Samiti may take over the maintenance and control of any road, bridge, tank, ghat, well, channel or drain, belonging to a private owner or any other authority on such terms as may be agreed upon.
113. Power of Panchayat Samiti to divert, discontinue or close road. – A Panchayat Samiti may divert, discontinue or close temporarily any road, which is under its control and management or is vested in it, and may, with the approval of the State Government, close any such road permanently.
114. Vesting Panchayat Samiti with certain powers. – (1) A Panchayat Samiti may be vested by the State Government with such powers under any local or special Act as the State Government may think fit.
(2) A Panchayat Samiti shall perform such functions as may be transferred to it by notification under section 31 of the Cattle-trespass Act, 1871.
(3) A Panchayat Samiti shall exercise such other powers, perform such other functions or discharge such other duties as the State Government may, by general or special order, direct.
[114A. Development Plan in respect of any area of Panchayat Samiti. – [(1) Without prejudice to generality of the power under section 114 and notwithstanding anything contained in sections 23, 24 and 25, the State Government may, in the public interest, declare, by notification, its intention to prepare and publish a Development Plan in respect of an area within the jurisdiction of a Panchayat Samiti in accordance with such procedure as may be prescribed or in accordance with the provisions of any other law for the time being in force and, upon the issue of such notification, no new structure or new building shall be erected or constructed or no addition to any structure or building shall be made in such area except with the permission granted by the Panchayat Samiti or any authority, person or persons as may be empowered by the Panchayat Samiti in this behalf and except in accordance with such specifications and conditions as may be prepared and published by the Panchayat Samiti, or such authority, person or persons, as the case may be.]
[Proviso that where the State Government or an authority or agency under the State Government intends to set up or has set up an industrial estate or industrial park within the jurisdiction of a Gram Panchayat, permission for erection of any structure or building for setting up an industry within such industrial estate or industrial park, shall be obtained from such authority or industrial development authority or corporation as the State Government may by notification specify.]
(2) Upon the publication of a Development Plan under sub-section (1), [the provisions of sections 23, 24 and 25] shall cease to be in force in the area referred to in sub-section (1).
(3) The State Government may, by order, direct the Panchayat Samiti to make such contribution and grant to one or more Gram Panchayats out of the tolls, rates and fees levied by it under section 133 as may be specified in the order.
(4) The State Government may, by order, authorise any officer to render advice, technical or otherwise, to the Panchayat Samiti on the performance of its functions and discharge of its duties under this section and, on receipt of such advice, the Panchayat Samiti shall give due consideration to such advice in a meeting specially convened for the purpose within a period of two months from the date of receipt of such advice.
(5) Where any new structure or new building is erected or constructed or any addition to any structure or building is made in contravention of the provisions of sub-section (1), the Panchayat Samiti may, after giving the owner of such structure or building, as the case may be, an opportunity of being heard, made an order directing the demolition of the structure or the building, as the case may be, by the owner within such period as may be specified in the order and, in default, the Panchayat Samiti may itself effect the demolition and recover the cost thereof from the owner as a public demand.
(6) Without prejudice to the provisions of sub-section (5), whoever erects any new structure or constructs any new building or makes any addition to any structure or building in contravention of the provisions of sub-section (1), shall, on conviction by a Court, be punishable with fine not exceeding, in each case, one hundred rupees per square metre per month for the area comprising the unauthorised erection or construction or addition, as the case may be, for the period during which such contravention continues, subject to a maximum of two thousand rupees in each such case.
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(8) If it appears to the Panchayat Samiti [or the authority, person or persons empowered under sub-section (1)] that it is expedient in the interest of the proper planning of its areas (including the interest or amenities), having regard to the Development Plan prepared, or under preparation, or to be prepared, and to any other material consideration, –
(a) that any use of land should be discontinued, or
(b) that any conditions should be imposed on the continuance thereto, or
(c) that any building or works should be altered or removed, [the Panchayat Samiti or the authority, person or persons as aforesaid may] by notice served on the owner –
(i) require discontinuance of that use, or
(ii) impose such conditions as may be specified in the notice on the continuance thereof, or
(iii) require such steps, as may be specified in the notice, to be taken for the alteration or removal of any buildings or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice.
(9) Any person aggrieved by any such notice may, within the period specified in the notice, apply to the authority for the cancellation or modification of the notice.
(10) If an application is filed under sub-section (9), the authority or any officer of the authority, appointed in this behalf, may dismiss the application or accept it by quashing or varying the notice as he may think fit.
(11) If any person –
(a) who has suffered damage in consequence of the compliance with the notice, by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, or
(b) who has carried out any work in compliance of the notice,
claims from the Panchayat Samiti [or the authority, person or persons empowered under sub-section (1)] within the time and in the manner prescribed, for an amount in respect of that damage of of any expenses reasonably incurred by him for complying with the notice, the claim shall he disposed of by the Panchayat Samiti [or the authority, person or person empowered under sub-section (1)] in the manner as prescribed.
(12) After publication of Development Plan under sub-section (1) and subject to the provisions relating to the development charge and other provisions under this section, no development, institution or change of use of any land shall be undertaken or carried out in that area without obtaining a certificate from the Panchayat Samiti or its authorised officer certifying that the development charge as leviable under this section has been paid or that no such development charge is leviable:
Provided that the State Government may, by notification, exempt any development, institution or change of use of any land from the operation of the provisions of this sub-section.
(13) Any person or body (excluding a department of the Central or the State Government or any local authority) intending to carry any development on any land shall make an application in writing to the Panchayat Samiti or an officer authorised by it for permission in such from and containing such particulars and accompanied by such documents and plans as may be prescribed.
(14) On such application having been duly made and on payment of the development charge as may be assessed, the Panchayat Samiti or the authorised officer may pass an order, –
(i) granting permission unconditionally; or
(ii) granting permission, subject to such conditions as it may think fit; or
(iii) refusing permission:
Provided that without prejudice to generality of clauses (i) to (iii) of this sub-section, the concerned authority may impose conditions –
(i) to the effect that the permission granted is only for a limited period and that after the expiry of that period, the land shall be restored to its previous condition or the use of the land permitted shall be discontinued;
(ii) for regulating the development or use of any other land under the control of the applicant or for the carrying out of works on any such land as may appear to the authority expedient for the purpose of the permitted development:
Provided further that the concerned authority in dealing with the applications for permission shall have regard to the provisions of the Development Plan prepared, under preparation or to be prepared and any other material consideration:
Provided also that when permission is granted subject to conditions or is refused, the grounds of imposing such conditions or such refusal shall be recorded in the order and the order shall be communicated to the applicant:
Provided also that in the case of a department of the Central or the State Government or any local authority intending to carry out any development, other than operational construction (which shall always be outside the purview of the Panchayat Samiti), on any land, the concerned department or authority, as the case may be, shall notify in writing to the Panchayat Samiti of its intention to do so, giving full particulars thereof and accompanied by such documents and plans as may be directed by the State Government from time to time, at least, one month prior to the undertaking of such development.
(15) In accordance with the provisions of this section and the rules made thereunder and subject to such conditions [as may be laid down by thePanchayat Samiti, or the authority, person or persons empowered under sub-section (1)] a Panchayat Samiti, shall levy a charge (hereinafter called the development charge) on the carrying out of any development or change of use of land, for which permission is required under this section, in the whole or any part of the area covered by the notification under sub-section (1) at a rate not exceeding those specified in the rules in this behalf by the State Government:
Provided that the rates may be different for different parts of the area under notification under sub-section (1):
Provided further that the charge shall be leviable on any person who undertakes or carries out such development or changes any such use:
Provided also that no development charge shall be levied on development, or change of use, of any land vested in or under the control or possession of the Central Government, the State Government or any local authority:
Provided also that the State Government may, by rules, provide for the exemption from the levy of development charge of any development or change of any use of any land specified in the rules.
(16) Where the erection of any building or the execution of any work has been commenced, or is being carried on, or has been completed without or contrary to the permission under sub-section (1) or in contravention of any other provision of this section or the rules made thereunder, thePanchayat Samiti, or any officer authorised in this behalf by the Panchayat Samiti, may, in addition to any other action that may be taker, under this section, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or the work has been commenced or is being carried on or has been completed within such period, not being less than five days and more than fifteen days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to such person, as may be specified in the order:
Provided that no order of demolition shall be made unless such person has been given, by means of a notice served in such manner as may be prescribed, a reasonable opportunity of showing cause why such order shall not be made:
Provided further that where the erection or the execution has not been completed, the Panchayat Samiti or the authorised officer may by the same order or by a separate order, whether made at the time of issue of the notice under the first proviso at any other time, direct such person to stop the erection or the execution until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred:
Provided also that any person aggrieved by such order of the Panchayat Samiti or its authorised officer may, within thirty days from the date of the order, prefer an appeal against the order to the Sub-divisional Officer having jurisdiction and when an appeal is preferred, the said Sub-divisional Officer may stay the enforcement of the order on such term as he may think fit:
Provided also that every order made by the Sub-divisional Officer on an appeal and, subject to such order, the order made by the Panchayat Samitior its authorised officer shall be final and conclusive:
Provided also that where no appeal has been preferred against an order made by the Panchayat Samiti or its authorised officer or where an order has been confirmed on appeal, whether with or without modification, the person against whom the order has been made shall comply with the order within the period specified therein or, as the case may be, within the period, if any, fixed by the Sub-divisional Officer on appeal, and on the failure of such person to comply with the order within such period, the Panchayat Samiti, or its authorised officer may itself or himself cause the building or the work to which the order relates to be demolished and the expenses for such demolition shall be recoverable from such person as a public demand.
(17) The Panchayat Samiti or its authorised officer may, at any time before the issue of the order under sub-section (16), by order, require the person at whose instance the building or the work has been commenced or is being carried on to stop the same forthwith.
(18) The Panchayat Samiti or its authorised officer may, at any time during the erection of any building or the execution of any work or at any time within three months after the completion thereof, by a written notice, specify any matter in respect of which such erection or execution is without or contrary to this section or is in contravention of any of the provisions of this section or the rules made thereunder and require the person at whose instance the building or the work has been commenced or is being carried on or the owner of such building or work either –
(a) to make such alterations as may be specified by the Panchayat Samiti or its authorised officer in the notice with the object of bringing the building or the work in conformity with such sanction or such provisions of this section or the rules made thereunder, or
(b) to show cause, within such period as may be stated in the notice, why such alterations should not be made:
Provided that if such person or such owner does not show any cause as aforesaid, he shall be bound to make the alteration specified in the notice:
Provided further that if such person or such owner shows the cause as aforesaid, the Panchayat Samiti or its authorised officer shall, by an order, either cancel the notice issued or confirm the same subject to such modification as he thinks fit.]
115. Powers of supervision by Panchayat Samiti over the Gram Panchayat, etc. – [(1) A Panchayat Samiti shall exercise general powers of supervision over Gram Panchayats in the Block and it shall be the duty of these authorities to give effect to the directions of the Panchayat Samiti][* * * * *]
[(2) A Panchayat Samiti may –
(a) inspect, or cause to be inspected, any immovable property used or occupied by a Gram Panchayat within the Block or any work in progress under the direction of a Gram Panchayat,
(b) inspect or examine, or depute an officer to inspect or examine, any department of the Gram Panchayat, or any service, work or thing under the control of the Gram Panchayat,
(c) inspect or cause to be inspected utilisation of funds in respect of schemes or programmes assigned to the Gram Panchayats by the State Government for execution either directly or through the Zilla Parishad [or the Mahakuma Parishad or the Council] or the Panchayat Samiti,
(d) require a Gram Panchayat, for the purpose of inspection or examination, –
(i) to produce any book, record, correspondence or other documents, or
(ii) to furnish any return, plan, estimate, statement accounts or statistics, or
(iii) to furnish or obtain any report or information.]
[115A. Block Sansad and its constitution. – (1) Every Panchayat Samiti shall have a Block Sansad consisting of all members of the Gram Panchayat pertaining to the Block and all members of that Panchayat Samiti.
(2) Every Panchayat Samiti shall hold an annual and a half-yearly meeting of such Block Sansad at such time and place and in such manner, as may be prescribed.
(3) One-tenth of the total number of members shall form a quorum for a meeting of Block Sansad :
Provided that if no quorum is available for such meeting, the meeting shall be adjourned to be held at the same time and place on the seventh day from the date of such meeting in the manner as may be prescribed.
(4) A meeting of the Block Sansad shall be presided over by the Sabhapati and in his absence by the Sahakari Sabhapati of the Panchayat Samiti.
(5) The Block Sansad shall guide and advise the Panchayat Samiti for all matters relating to development including preparation of annual plan and budget, implementation of development programmes, schemes, or projects and for undertaking such activities for economic development and for ensuring social justice as are undertaken or proposed to be undertaken by the Panchayat Samiti:
Provided that for such guidance and advice, any member of the Block Sansad on receipt of the notice for any such meeting, may demand in writing to the Executive Officer for placement of any document such as last report on inspection of accounts of the funds of the Panchayat Samiti by the Audit team, budget, Annual Action Plan and on receipt of such demand the Executive Officer with the consent of the Sabhapati, shall place such documents in the meeting for deliberation:
Provided further that the deliberations, recommendation and observations passed in the meeting of the Block Sansad, shall be considered in the meeting of the Panchayat Samiti as soon as possible within one month from the date of the meeting of the Block Sansad and the decision of thePanchayat Samiti along with the action taken report shall be placed in the next meeting of the Block Sansad.]
116. Powers to prohibit certain [of special nature] trades without licence and to levy fee. – (1) No place within a Block shall be used for any trade or business declared by the State Government, by notification, to be [of special nature], without a [certificate of registration], which shall be renewable, [annually or after every three years depending on the nature of trad], granted by the Panchayat Samiti, subject to such terms and conditions as the Panchayat Samiti may think fit to impose.
(2) The Panchayat Samiti may levy in respect of any [certificate of registration] granted by it under sub-section (1) a fee subject to the maximum rate prescribed by the State Government under sub-section (1) of section 133.
(3) Whoever uses without a [certificate of registration] any place for the purpose of any trade or business declared under sub-section (1) to be [of special nature], or fails to comply with any condition in respect of such [certificate of registration], shall [on conviction a Magistrate,] be punished with a fine, which may extend to one hundred rupees, and to a further fine, which may extend to twenty-five rupees for each day after conviction during which he continues to do so.
(4) The Panchayat Samiti may, upon the conviction of any person for failure to comply with any condition of a [certificate of registration] granted under sub-section (1), suspend or cancel the [certificate of registration] granted in favour of such person.
117. Power of Panchayat Samiti to grant licence for hat or market. – A Panchayat Samiti may require the owner or the lessee of a hat or market or an owner or a lessee of land intending to establish a hat or market thereon, to obtain a licence in this behalf from the Panchayat Samiti on such terms and conditions as may be prescribed and subject to the provisions of section 133, on payment of a fee for such licence.
118. Powers, functions and duties of Sabhapati and Sahakari Sabhapati. – (1) The Sabhapati shall –
(a) be responsible for maintenance of the records of the Panchayat Samiti;
(b) have general responsibility for the financial and executive administration of the Panchayat Samiti;
(c) exercise administrative supervision and control over the work of the staff of the Panchayat Samiti and the officers and employees whose services may be placed at the disposal of the Panchayat Samiti by the State Government;
(d) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Panchayat Samiti under this Act or the rules made thereunder:
Provided that the Sabhapati shall not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised, performed or discharged by the Panchayat Samiti at a meeting;
(e) exercise such other powers, perform such other functions and discharge such other duties as the Panchayat Samiti may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.
[Explanation. – For the purpose of discharge of responsibility and exercise of administrative supervision and control, the Sabhapati shall rely on the Executive Officer referred to in section 119 and shall generally act through him.]
(2) The Sahakari Sabhapati shall –
(a) exercise such of the powers, perform such of the functions and discharge such of the duties of the Sabhapati as the Sabhapati may, from time to time, subject to rules made in this behalf by the State Government, delegate to him by order in writing:
Provided that the Sabhapati may at any time withdraw the powers and functions delegated to the Sahakari Sabhapati;
(b) during the absence of the Sabhapati, exercise all the powers, perform all the functions and discharge all the duties of the Sabhapati;
[(c) exercise such other powers, perform such other functions and discharge such other duties as the Panchayat Samiti may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.]