Sthayee Samitis of the Panchayat Samitis under WB Panchayat Act

CHAPTER XI [WB Panchyat Act 1973]

Sthayee Samitis of the Panchayat Samitis Under WB Panchyat Act 1973

124. Sthayee Samitis. – (1) A Panchayat Samiti shall have the following Sthayee Samitis, namely:-

(i) [Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti,
(ii) Janasasthaya [0 Parihesh] Sthayee Samiti,
(iii) Purta Karya [O Parihalian] Sthayee Samiti,
(iv) Krishi Sech O Samahaya Sthayee Samiti,
(v) [Shiksha, Sanskriti, Tathya O Krira] Sthayee Samiti,
(vi) [Sishu O Nari Unnayan, Janakalyan O Tran] Sthayee Samiti,
[(via) Bon O Bhumi Sanskar Sthayee Samit,]
[(vib) Matsya O Prani Sampad Bikash Sthayee Samiti,]
[(vic) Khadya O Sarbaraha Sthayee Samit,]
[(vid) [Khudra Silpa, Bidyut O Achiracharit Shakti] Sthayee Samiti,]
(vii) such other Sthayee Samiti or Samitis as the Panchayat Samiti may, subject to the approval of the State Government, constitute.

(2) A Sthayee Samiti shall consist of the following members, namely:-
(a) the Sabhapati [and Sahakari Sabhapati] of the Panchayat Samiti, ex officio;
(b) [without prejudice to the provisions in clause (ba),] not less than three and not more than five persons to be elected in the prescribed manner by the members of the Panchayat Samiti from among themselves;
[(ba) the Karmadhyakshas elected in other Sthayee Samitis as referred to in section 125 shall be ex officio members of the Artha Sanstha Unnayan O Parikalpana Sthayee Samiti referred to in sub-section (1) and no member shall be elected in the manner referred to in clause (b);]
(bb) leader of the recognized political party in opposition having largest number of members in the Panchayat Samiti in comparison with other recognized political parties in opposition shall be a member of the Artha Sanstha Unnayan O Parikalpana Sthayee Samiti;

(bc) one member from each recognized political party in opposition shall be selected to be a member of each of the Sthayee Samitis other than[the Artha Sanstha Unnayan O Parikalpana Sthayee Samiti, if no member in opposition is elected in a Sthayee Samiti referred to in clause (b):

Provided that the members selected from the recognized political party having larger number of members in the Panchayat Samiti shall be the member of Sthayee Samiti placed higher in the consecutive order in sub-section (1):

Provided further that if the number of recognised [political] parties in opposition is less than the number of Sthayee Samitis, the independent candidates in opposition in Panchayat Samiti shall be members of the Sthayee Samitis for which no member of the recognized political parties are available and the member senior in age shall be placed as member in the Sthayee Samiti placed higher in the order of sub-section (1):
Provided also that if the number of recognized political parties added with number of independent members falls short of the number of Sthayee Samitis, one additional member from each such political party in opposition in Panchayat Samiti, shall be chosen for membership in the Sthayee Samitis where no member in terms of this clause has been provided and the same sequential order shall be followed for placement of a member in a Sthayee Samiti and such process shall be repeated until all Sthayee Samitis have one member under this clause :

Provided also that a member in-opposition may be a member of more than three Sthayee Samitis if in a term of general election, not more than three members in opposition are elected in the Panchayat Samiti:

Provided also that the members of the recognized political party shall jointly decide and intimate the Executive Officer of the Panchayat Samiti by a letter under signature of all such members, the name of the member or members, as the case may be, who shall represent the party as member or members of the Sthayee Samiti and in case of an independent member the Executive Officer shall determine the membership in each Sthayee Samiti:

Provided also that the Executive Officer shall place the entire matter of membership under this clause in a meeting of the Panchayat Samiti as early as possible in the next meeting.

Explanation. – For the purpose of this clause, a member of the Panchayat Samiti shall be considered a member in opposition if in the election of theSabhapati under section 98, he did not cast his vote in favour of the winning candidate or has abstained himself from casting his vote in the said election;

(c) such number of persons being officers of the State Government or of 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 being eminent persons having specialised knowledge as the State Government may think fit, appointed by the State Government.

(3) No person, other than the Sabhapati or the Sahakari Sabhapati, shall be a member of more than three Sthayee Samitis other than the Artha Sanstha Unnayan O Parikalpana Sthayee Samiti.

(4) An elected member of a Sthayee Samiti shall hold office for a period of [five years] or for so long as he continues to be a member of thePanchayat Samiti, whichever is earlier.

(5) The meeting of the Sthayee Samiti shall be held [in the office of the Panchayat Samiti] 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.

(6) A Sthayee Samiti shall exercise such powers, perform such functions and discharge such duties as may be prescribed or as may be assigned to it by the Panchayat Samiti.

(7) The State Government may make rules providing for the removal of members of a Sthayee Samiti including the Karmadhyaksha and for filling up of a casual vacancy.

125. Karmadhyaksha and Secretary. – (1) The members of a Sthayee Samiti shall elect, in such manner as may be prescribed, a Chairman, to be called Karmadhyaksha, from among themselves:
Provided that the Sabhapati to the Panchayat Samiti shall be the ex officio Karmadhyaksha of the [Artha, Sanstha, Unnayan O Parikalpana]Sthayee Samiti:
Provided further that the members referred to in [clauses (i) and (ii) of sub-section (2) of section 94 shall not be eligible for such election.]

(3)(a) The Extension Officer, Panchayats shall act as the Secretary to the [Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti.]

(b) The members referred to in clauses [(a), (b), (ba), (bb) and (bc)] of sub-section (2) of section 124 of a Sthyaee Samiti, other than the Artha, Sanstha, Unnayan O Parikalpana Sthayee Samiti, shall select, in such manner [as may be determined by the Sthayee Samiti in conformity with such direction as may be issued by one or more orders, general or special, of the State Government] one of the members referred to in clause (c) of that sub-section to act as the Secretary to such Sthayee Samiti:]

Provided that pending the selection of Secretary to a Sthayee Samiti under this clause or during the casual vacancy, if any, in the post of Secretary to a Sthayee Samiti, the Secretary of the Panchayat Samiti shall act as the Secretary to such Sthayee Samiti.

[(c) The Secretary to each Sthayee Samiti shall, in consultation with the Karmadhyaksha, convene the meetings of the Sthayee Samiti].

[(4) Notwithstanding anything contained in section 118 or elsewhere in this Act, the Karmadhyaksha shall –

(a) be responsible for the financial and executive administration in respect of the schemes and programmes [under the purview and control of the Sthayee Samiti within the budgetary provisions of the Panchayat Samiti] ;
(b) be entitled, in respect of the work of the Sthayee Samiti, to call for any information, return, statement, account or report from the office of thePanchayat Samiti and to enter on and inspect any immovable property of the Panchayat Samiti or to inspect any work in progress and connected with the functions and duties of the Sthayee Samiti:
(c) be entitled, when authorised by the Sthayee Samiti, to require the attendance at its meeting of any officer of the Panchayat Samiti;
(d) 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.]

126. Resignation. – The Karmadhyaksha or any other member of a Sthayee Samiti may resign his office by giving notice in writing to the Sabhapatiand on such resignation being accepted by the Panchayat Samiti the Karmadhyaksha or such member shall be deemed to have vacated his office.

127. Casual vacancy. – When a vacancy occurs in the office of a Karmadhyaksha or a member of a Sthayee Samiti by resignation, death or otherwise, the members of the Sthayee Samiti shall elect another Karmadhyaksha or [the members of the Panchayat Samiti shall elect another]member, as the case may be, in the prescribed manner. The Karmadhyaksha or the member so elected shall hold office for the unexpired portion of the term of office of the person in whose place he becomes a member