Panchayat in Bengal

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West Bengal Panchayati Raj Act, 1973.

Part I
Chapter I
Preliminary
Section 1 Short title, extent and commencement
(1) This Act may be called the West Bengal Panchayat Act, 1973.
(2) It extends to the whole of West Bengal , except the areas to which the provisions
of—
(a) the Cantonments Act, 1924,
(b) the Howrah Municipal Corporation Act, 1980,
(c) the 3
[Kolkata] Municipal Corporation Act, 1980,
(d) the Siliguri Municipal Corporation Act, 1990,
(e) the Asansol Municipal Corporation Act, 1990,
(f) the Chandannagar Municipal Corporation Act, 1990,
(g) the West Bengal Municipal Act, 1993,
(h) the Durgapur Municipal Corporation Act, 1994, or any parts or modifications thereof
apply or may hereafter be applied.
(3) This section shall come into force at once; the remaining sections shall come into
force on such date or dates and in such area or areas as the Stale Government may,
by notification, appoint and different dates may be appointed for different sections
and for different areas.
Section 2. Definitions (Part I.-Chapter I-Preliminary.-Section 2.)
2. In this Act, unless there is anything repugnant in the subject or context—
(1) “auditor” means an auditor appointed under section 186 and includes any
officer authorised by him to perform all or any of the functions of an auditor
under Chapter XVIII;
(2) “Block” means an area referred to in section 93;
(3) “Block Development Officer” means an officer appointed as such by the
State Government 2
[and includes the Joint Block Development Officer-incharge
of the Block];
(4) “case” means a criminal proceeding in respect of an offence triable by a
Nyaya Panchayat
3
(4a) “Collector” means an officer appointed as such by the State Government;
4
(4b) “Council” means the Darjeeling Gorkha Hill Council constituted under the
Darjeeling Gorkha Hill Council Act, 1988
(5) “District Magistrate” includes an Additional District Magistrate, a Deputy
Commissioner, an Additional Deputy Commissioner and any other
Magistrate appointed by the State Government to discharge all or any of the
functions of a District Magistrate under this Act;
5
(6) “Director of Panchayats” means the Director of Panchayats and Rural
Development, Government of West Bengal, and includes a Joint Director of
Panchayats and Rural Development, a Deputy Director of Panchayats and
Rural Development and an Assistant Director of Panchayats and Rural
Development;
‘(7) “District Panchayat Officer” means a District Panchayat and Rural
Development Officer appointed as such by the State Government;
(8) “District Planning Committee” means the District Planning Committee
established by the State Government for a district;
(9) “Extension Officer, Panchayats” means an officer appointed as such by the
State Government;
2
(9a) “general election” means an election of members held simultaneously for
constitution of Gram Panchayats, Panchayat Samitis, Mahakuma Parishad,
or Zilla Parishads or any two or more of Gram Panchayats, Panchayat
Samitis, Mahakuma Parishad, or Zilla Parishads in such area as the State
Government may by notification specify;
3
(10) “Gram” means an area referred to in section 3;
(10) “Gram Panchayat” means a Gram Panchayat constituted under section 4;
4
(1la) “Gram Sabha” means a body consisting of persons registered in the electoral
rolls pertaining to a Gram declared as such under sub-section (/) of section 3;
4
(11b) “Gram Sansad” means a body consisting of persons registered at any time in
the electoral rolls pertaining to a constituency of a Gram Panchayat
delimited for the purpose of last preceding general election to the Gram
Panchayat;
4
(11c) “hill areas” has the same meaning as in the Darjeeling Gorkha Hill Council
Act, 1988;
(12) “Karmadhyaksha” means the Karmadhyaksha of a Sthayee Samiti of a
Panchayat Samiti elected under section 125 or of a Sthayee Samiti of a Zilla
Parishad elected under section 172, as the case may be;
1
(12a) “Mahakuma Parishad” means the Mahakuma Parishad for the sub-division
of Siliguri in the district of Darjeeling constituted under section 185B;
2
(13) “mouza” means an area defined, surveyed and recorded as such in the
revenue record of a district and referred to in clause (g) of article 243 of the
Constitution of India as the lowest unit of area for the purpose of public
notification for specifying a village; ‘
3
(13a) “Municipality” means an institution of self-government constituted under
article 243Q of the Constitution of India;
(14) “notification” means a notification published in the Official Gazette;
(15) “Nyaya Panchayat” means a Nyaya Panchayat constituted under section 51;
4
(/5a) “office bearer” means the Pradhan, Upa-Pradhan, Sabhapati, Sahakari
Sabhapati, Sabhadhipati or Sahakari Sabhadhipati or any two or more of
them together;
4
(15b) “Panchayat” means an institution of 5
[self-government constituted under
article 243B of the Constitution of India], and includes Gram Panchayat,
Panchayat Samiti, Mahakuma Parishad or Zilla Parishad;
(16) “Panchayat Samiti” means a Panchayat Samiti constituted under section 94;
6
(16a) “population” means the population as ascertained at the last preceding census
of which the relevant figures have been published;
(17) “Pradhan” means a Pradhan of a Gram Panchayat elected under section 9;
(18) “prescribed” means prescribed by rules made under this Act;
(19) “prescribed authority” means an authority appointed by the State Government,
by notification, for all or any of the purposes of this Act;
(20) “public street” means any street, road, lane, gully, alley, passage, pathway,
bridge, square or court, whether a thoroughfare or not, over which the public
have a right of way, and includes side drains or gutters and the land up to the
boundary of any abutting property, notwithstanding the projection over such
land or any verandah or other superstructure;
1
(20A) “recognised political party” means a national party or a State party
recognised as such by the Election Commission of India by notification for
the time being in force;
(21) “Sabhapati” means a Sabhapati of a Panchayat Samiti, elected under section
98;
(22) “Sabhadhipati” means a Sabhadhipati of a Zilla Parishad 2
[elected under
section 143, and includes the Sabhadhipati of Mahakuma Parishad];
(23) “Sahakari Sabhapati” means a Sahakari Sabhapati of a Panchayat Samiti,
elected under section 98;
(24) “Sahakari Sabhadhipati” means a Sahakari Sabhadhipati of a Zilla Parishad,
3
[elected under section 143, and includes the Sahakari Sabhadhipati of the
Mahakuma Parishad];
(25) “Scheduled Castes” means such castes, races or tribes or parts of, or groups
within, such castes, races or tribes as are deemed to be Scheduled Castes, in
relation to the State of West Bengal under article 341 of the Constitution of
India;
(26) “Scheduled Tribes” means such tribes or tribal communities or parts of, or
groups within, such tribes or tribal communities as are deemed to be Scheduled
Tribes in relation to the State of West Bengal under article 342 of the
Constitution of India;
4
(26A) “State Election Commissioner” means the State Election Commissioner
referred to in sub-section (/) of section 3 of the West Bengal State Election
Commission Act, 1994;
‘(26B) “State Government” means the State Government in the Department of
Panchayats and Rural Development;
(27) “State Planning Board” means the West Bengal State Planning Board
established by the State Government;
2
(27A) “Sub-divisional Officer” means an officer appointed as such by the State
Government, and includes an Additional Sub-divisional Officer having
jurisdiction;
(28) “suit” means a civil suit triable by a Nyaya Panchayat,
(29) “Upa-Pradhan” means an Upa-Pradhan of a Gram Panchayat, elected under
section 9;
(30) “year” means the year beginning on the first day of April;
(31) “Zilla Parishad” means a Zilla Parishad of a district constituted under section
140.

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\Part II
Gram Panchayat
Chapter II
Constitution of Gram Panchayat
Section 3. Gram ( Part II.-Gram Panchayat.-Chapter II.-Constitution Of Gram
Panchayat )
(1) The State Government may, by notification, declare for the purposes of this
Act any mauza or part of a mauza or group of contiguous mauzas or parts thereof
to be a Gram:
3
Provided that any group of mamas or parts thereof, when they 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 subsection
(3) of section 1 have not come into force, may also be declared to be a
Gram.
(2) The notification under sub-section (I) shall specify the name of the Gram by
which it shall be known and shall specify the local limits of such Gram.
(3) The Slate Government may, after making such enquiry as it may think fit and
after consulting the views of the Gram Panchayat or Panchayats concerned, by
notification—
(a) exclude from any Gram any area comprised therein; or
(b) include in any Gram any area contiguous to such Gram 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 Gram so as to constitute two or more Grams, or
(d) unite the area of two or more Grams so as to constitute a single Gram.
Section 4. Gram Panchayat and its constitutions
(1) For every Gram the State Government shall constitute a Gram Panchayat bearing
the name of the Gram.
(2) Persons whose names are included in the electoral roll 2
[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] pertaining to the area comprised in the Gram, shall elect by secret ballot at
such time and in such manner as may be prescribed, from among themselves such
number of members 3
[not being less than five] or 4
[more than thirty] 5
[as the
prescribed authority may, having regard to the number of voters in hill areas and
other areas and in accordance with such rules as may be made in this behalf by the
State Government, determine] 6 * * * * * *
1
Provided that seats shall be reserved for the Scheduled Castes and the Scheduled
Tribes in a Gram Panchayat, 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 Gram Panchayat to be filled up by election as the population of the Scheduled
Castes in that Gram or of the Scheduled Tribes in that Gram, as the case may be,
bears to the total population of that Gram 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 Gram, as the
case may be, bears with the total population in that Gram:
1
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:
1
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 Gram
Panchayat 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:
1
Provided also that notwithstanding anything contained in the foregoing provisions of
this sub-section 2
* * * *, when the number of members to be elected to a Gram
Panchayat is determined by the prescribed authority or when seats are reserved for
the Scheduled Castes and the Scheduled Tribes in a Gram Panchayat 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:
1
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 Gram Panchayat, be disqualified for election to any seat
not so reserved:
1
Provided also that the State Election Commissioner may, at any time, for reasons
to be recorded in writing 2
[, by order, direct the prescribed authority to make fresh
determination] of the number of members of a Gram Panchayat or fresh
reservation on rotation of the number of seats in such Gram Panchayat and, on
such order being issued by the State Election Commissioner, the determination of
the number of members 3
[or the number of seats (o 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 4
[the next] three successive general elections:
1
Provided also that the provisions for reservation of seats 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 India.
5
(2A) The Gram Panchayat shall consist of the following members:—
i. members elected under sub-section (2);
ii. members of the Panchayat Samiti, not being Sabhapati or Sahakari Sabhapati,
elected thereto from the constituency comprising any part of the Gram.
(3) For the convenience of the election the prescribed authority shall, in accordance with
such rules as may be made in this behalf by the State Government,—
(a) divide the area of a Gram into constituencies, 6
* * * on the basis of number of
members of Gram Panchayat determined under sub-section (2);
(b) allocate to each such constituency seats, 7
[not exceeding two], on the basis of
electorate of the Gram:
8
Provided that such division into constituencies and such allocation of seats shall
be made in such manner that the ratio between the population of the Gram and the
number of seats in the Gram Panchayat shall, so far as practicable, be the same in
any Gram Panchayat.
1
* * * * * * * *
(4) Every Gram Panchayat constituted under this section shall 2
* * * * * * 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.
(5) Every Gram Panchayat shall be a body corporate having perpetual succession and a
common seal and shall, by its corporate name, sue and be sued.
Section 5. effect of alteration of the area of a gram:
(1) When an area is excluded from a Gram under clause (a) of sub-section (3) of section
3, such area shall, as from the date of the notification referred to in that sub-section,
cease to be subject to the jurisdiction of the Gram Panchayat of that Gram and,
unless the State Government otherwise directs, to the rules, orders, directions and
notifications in force therein.
(2) When an area is included in a Gram under clause (b) of subsection (3) of section 3,
the Gram Panchayat for that Gram shall, as from the date of the notification referred
to in that sub-section, have jurisdiction over such area and, unless the State
Government otherwise directs, all rules, orders, directions and notifications in force in
that Gram shall apply to the area so included.
(3) When the area of any Gram is divided under clause (c) of subsection (3) of section 3
so as to constitute two or more Grams, there shall be reconstitution of the Gram
Panchayat for the newly constituted Grams in accordance with the provisions of this
Act, and the Gram Panchayat of the Gram so divided shall, as from the date of
coming into office of the newly constituted Gram Panchayats, cease to exist.3
(4) When the areas of two or more Grams are united under clause (d) of sub-section (3)
of section 3 so as to constitute a single Gram, there shall be reconstitution of the
Gram Panchayat for the newly constituted Gram in accordance with the provisions of
this Act, and the Gram Panchayats of the Grams so united shall, as from the date of
coming into office of the newly constituted Gram Panchayat, cease to exist.4
(5) When under sub-section (3) of section 3 any area is excluded from, or included in, a
Cram, or a Gram is divided so as to constitute two or more Grams, or two or more
Grams are united to constitute a single Gram, the properties, funds and liabilities of
the Gram Panchayat or Panchayats affected by such reorganization shall vest in such
Gram Panchayat or Panchayats, 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 reorganization.
1
Explanation—For the purpose of reconstitution of the Gram Panchayat 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 election to the newly constituted
Gram Panchayat or Gram Panchayats when the terms of office of the
members of the former Gram Panchayats within the scope and meaning of
sub-section (/) of section 7, 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 Gram Panchayat that comprises the constituencies,
wholly or in part, from which such members were elected to the former Gram
Panchayats and any such member shall hold office in the newly constituted
Gram Panchayat for the unexpired portion of the term of his office.
6. Effect of inclusion of a Gram or part thereof in municipality,etc.

( Part II.- Gram Panchayat-Chapter II – Constitution of Gram Panchayat-Section-6)
(1) If, at any time, the whole of the area of a Gram is included in a municipality 2
[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 Gram Panchayat concerned shall cease to exist
J
[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 Gram Panchayat and all the rights and liabilities of such
Gram Panchayat shall vest in and devolve on the Commissioners of the Municipality ‘* *
* * * . * or on the Town Committee or on the Cantonment Authority, as the case may be,
2
[in accordance with the orders of the prescribed authority. The persons employed under
such Gram Panchayat shall, 3
[with effect from the date on which the Gram Panchayat
ceases to exist,) be deemed to be employed by the Municipality 4
* * * * * 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.]
(2) If, at any time, a part of the area of a Gram is included in 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 area of the Gram shall be deemed to have
been reduced to the extent of the part so included in such Municipality or under the
authority of such Town Committee or Cantonment on expiry of 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 election to the newly constituted
body from the area so included are completed, whichever is earlier and the properties,
funds and liabilities of the Gram Panchayat in respect of the part so included shall
vest in and devolve on the Municipality, Town Committee or Cantonment Authority,
as the case may be, in accordance with such allocations as may be determined by the
prescribed authority and such determination shall be final and, unless the State
Government otherwise directs, all rules, orders, directions and notifications in force in
the area under the authority of the Municipality, town Committee or Cantonment, as
the case may be, shall apply to the part of the area of the Gram so included.5
6
6A.
(1) If the State Government is of opinion that the whole or any part of the area of a
Municipality has changed its character and should constitute one or more Gram
Panchayats, the State Government may, by notification, after previous publication of
the draft of the notification in the Official Gazette,—
(a) include such area in an existing Gram Panchayat to be specified in the
notification, or
(b) constitute one or more Gram Panchayat in such area:
Provided that the draft of the notification shall also be published in at least two
local newspapers published from any place within the district in which the area of
the Municipality is situated, inviting objections and suggestions within a period of
two months from the date of such publication, and any objection or suggestion
which may be received, shall be considered by such authority as may be
appointed by the State Government in this behalf, within three months, from the
date of such publication, after giving the persons concerned an opportunity of
being heard.
(2) Within six months from the date of publication of the notification under sub-section
(/), elections shall be held to the Gram Panchayat from the area specified in the
notification and, with effect from the date of completion of such elections, the area
shall be deemed to be included in the Gram Panchayat so specified or so constituted,
as the case may be, and the Municipality in the area so notified shall cease to exist:
Provided that if such area or any part thereof constitutes under any law for the
time being in force one or more constituencies of a Panchayat Samiti or Zilla
Parishad or of the Mahakuma Parishad, elections to that Panchayat Samiti or
Zilla Parishad or to the Mahakuma Parishad, as the case may be, from such
constituency-or constituencies shall be held simultaneously with the elections to
the Gram Panchayat:
Provided further that if such area cannot constitute one or more constituencies of
a Panchayat Samiti or Zilla Parishad or of the Mahakuma Parishad, the area shall
be included in a contiguous constituency and no election shall be held from that
constituency to the Panchayat Samiti or the Zilla Parishad or the Mahakuma
Parishad, as the case may be, during the unexpired term of the members of such
body holding office at that time.
(3) With effect from the date on which the area as aforesaid is included in a Gram
Panchayat,—
(a) the properties, funds and liabilities of the Municipality in respect of the area so
included, shall vest in and develop on the Gram Panchayat, the Panchayat Samiti, the
Zilla Parishad or the Mahakuma Parishad in accordance with such allocation as may
be determined by the prescribed authority, and
(b) the persons among those employed by the Municipality in respect of the area so
included shall be deemed to be employed by the Gram Panchayat, the Panchayat
Samiti, the Zilla Parishad or the Mahakuma Parishad in accordance with such
allocation as may be determined by the prescribed authority.
Section : 7
Term of office of members of Gram Panchayat. ( Part II.- Gram PanchayatChapter
II – Constitution of Gram Panchayat-Section-7)
(1) The members of a Gram Panchayat shall, subject to the provisions of sections 11
and 213 A, hold office for a period of five years from the date appointed for its first
meeting and no longer.
(2) There shall be held a general election for the constitution of a Gram Panchayat
within a period not exceeding five years from the date of the previous general election
held for that Gram Panchayat:
Provided that if the first meeting of the newly-formed Gram Panchayat cannot be
held before the expiry of the period of five years under subsection (/), 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 Gram Panchayat 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 Gram Panchayat is held,
whichever is earlier.
2
7A. [(General election to Gram Panchayat.)—Omitted by s. 6 of the West Bengal
Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994}}.
Section : 8
Disqualifications of members of Gram Panchayat. ( Part II.- Gram PanchayatChapter
II – Constitution of Gram Panchayat-Section-8)
Subject to the provisions contained in sections 94 and 97, a person shall not be qualified
to be a member of a Gram Panchayat, if—
(a) he is a member of 3
* * * 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 5
[or a Zilla Parishad or the Mahakuma 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 Corporation 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 contract with, by or on behalf of, the Gram
Panchayat, or the Panchayat Samiti of the Block comprising the Gram 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 Gram Panchayat 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 Gram Panchayat or Panchayat Samiti of
the Block comprising the Gram 2
[or the 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 a State Government for misconduct involving
moral 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
1
(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 election 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 9A at any time during the last ten years; or
(k) he has been convicted under section 189 at any time during the last ten years; or
(l) he has been surcharged or charged under section 192 at any time during the last
ten years; or
(m) he has been removed under section 213 at any time during the period of last five
years.
Section : 9
Pradhan and Upa-Pradhan. ( Part II.- Gram Panchayat-Chapter II – Constitution
of Gram Panchayat-Section-9)
(1) Every Gram Panchayat shall, at its first meeting at which a quorum is present, elect,
in the prescribed manner, one of its members to be the Pradhan and another member
to be the Upa-Pradhan of the Gram Panchayat:
3
Provided that the members referred to in clause (ii) of sub-section (2A) of section
4 4
[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 whole time 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, performance of his functions or due
discharge of his duties:
2
[Provided also] that subject to such rules as may be made by the State
Government in this behalf, the offices of the Pradhan and the Upa-Pradhan 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:
2
Provided also that the offices of the Pradhan and the Upa-Pradhan in any Gram
Panchayat 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 Gram, shall not be considered for allocation by rotation:
2
Provided also that in the event of the number of Grams having the Scheduled
Castes or the Scheduled Tribes population constituting more than five per cent of
the total population, falling short of thenumber of the offices of the Pradhan and
the Upa-Pradhan required for reservation in a district, the State Election
Commissioner may, by order, include, for the purpose of reservation, other such
offices of the Pradhan and the Upa-Pradhan beginning from the Gram 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:
3
Provided also that in a district, determination of the offices of the Pradhan
reserved for the Scheduled Castes, the Scheduled Tribes and women shall precede
such determination of the offices of the Upa-Pradhan:
‘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 Pradhan in a Gram
Panchayat is reserved for any category of persons in accordance with the rules in
force, the office of the Upa-Pradhan in that Cram Panchayat 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 Upa-Pradhan, 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 Upa-Pradhan 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 required to be reserved in accordance
with the rules in force:
‘Provided also that when in any term of election, an office of the Upa-Pradhan is
not reserved on the ground that the corresponding office of the Pradhan is
reserved in the manner prescribed, such office of the Upa-Pradhan not reserved
on the ground as aforesaid, shall be eligible for consideration for reservation
during the next term of election in the manner prescribed:
2
Provided also that not less than one-third of the total number of offices of the
Pradhan and the Upa-Pradhan 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 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 general elections to be held after the coming into force of section 8 of the
West Bengal Panchayat (Amendment) Act, 1994, and the roster 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 Pradhan or the Upa-Pradhan, be disqualified for
election to any office not so reserved;
‘Provided also that the provisions for reservation of the offices of the Pradhan and
the Upa-Pradhan 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 India.
(2) The meeting to be held under sub-section (/) shall be convened by the prescribed
authority in the prescribed manner.
(3) The Pradhan and the Upa-Pradhan shall, subject to the provisions of section 12 and
to their continuing as members, hold office for a period of 2
[five years].
3* * * * * *
(4) When—
(a) the office of the Pradhan falls vacant by reason of death, resignation, removal or
otherwise, or
(b) the Pradhan is, by reason of leave, illness or other cause, temporarily unable to act,
the Upa-Pradhan shall exercise the powers, perform the functions and discharge
the duties of the Pradhan until a new Pradhan is elected and assumes office or
until the Pradhan resumes his duties, as the case may be.
(5) When—
(a) the office of the Upa-Pradhan falls vacant by reason of death, resignation, removal
or otherwise, or
(b) the Upa-Pradhan is, by reason of leave, illness or other cause, temporarily unable to
act, the Pradhan shall exercise the powers, perform the functions and discharge the
duties of the Upa-Pradhan until a new Upa-Pradhan is elected and assumes office or
until the Upa-Pradhan resumes his duties, as the case may be.
(6) When the offices of the Pradhan and the Upa-Pradhan are both vacant, or the
Pradhan and the Upa-Pradhan are temporarily unable to act, the prescribed authority
may appoint ‘ [for a period of thirty days at a time] a Pradhan and an Upa-Pradhan
from among the members of the Gram Panchayat to act as such until a Pradhan or an
Upa-Pradhan is elected and assumes office 2
[or until the Pradhan or the UpaPradhan
resumes duties, as the case may be].
(7) The Pradhan and the Upa-Pradhan of a Gram Panchayat shall be entitled to leave
of absence for such period or periods as may be prescribed.
3
(8) On election of the Pradhan following a general election or the office of the
Pradhan otherwise falling vacant, the Pradhan holding office for the time being
or the Upa-Pradhan or any authority or any other member exercising the powers,
performing the functions and discharging the duties of the Pradhan shall make
over all case, assets, documents, registers and seals which he may have in his
possession, custody or control as soon thereafter as possible on such date, place
and hour as may be fixed by the Block Development Officer to the newly elected
Pradhan, or, in the case of a vacancy occurring otherwise, to the Upa-Pradhan or
to the authority or person, as the case may be referred to in the proviso to subsection
(2) of section 1 or sub-section (6) of this section or clause (b) of subsection
(/) of section 215 4
[or section 216] in the presence of the Block
Development Officer or any other officer authorised in writing by him in this
behalf.
5
(9) On the alteration of the area of a Gram under sub-section (3) of section 3 or subsection
(2) of section 6 or inclusion of a Gram in a municipality or a notified area
or a Municipal Corporation or a Town Committee or a Cantonment under subsection
(1) of section 6, and the effect of such alteration or inclusion, as the case
may be, coming into force, the Pradhan or the Upa-Pradhan or any other
authority or any other person exercising the powers, performing the functions and
discharging the duties of the Pradhan immediately before such alteration or
inclusion of the area of the Gram concerned shall make over the properties, funds
and other assets vested in such Gram Panchayat and all the rights and liabilities
of such Gram Panchayat in compliance with the order of the prescribed authority
under sub-section (5) of section 5 and sub-sections (7) and (2) of section 6.
1
(10) Notwithstanding anything to the contrary contained in this Act, the State
Government may, by an order in writing, remove a Pradhan or an Upa-Pradhan
from his office if, in its opinion 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.
2
9A. If a Pradhan or an Upa-Pradhan or an authority or a person referred to in subsection
(8) 3
[and sub-section (9)] of section 9 fails to comply with the provisions
of that sub-section, he shall be punishable with imprisonment for a term which
may extend to three years or liable to pay fine not exceeding two thousand rupees
or both and the offence shall be cognizable:
Provided that without prejudice to the foregoing penal provisions such default shall also
be construed as a misconduct for which he may be debarred from standing as a candidate
in any election in any capacity under this Act for such term as may be determined by the
prescribed authority after giving the person concerned an opportunity of being heard and
any order debarring him shall be in writing stating the reasons therefore and shall also be
published in the Official Gazette
Section : 10
Registration of Pradhan Upa-Pradhan or a member. ( Part II.- Gram PanchyatChapter
II – Constitution of Gram panchyat-Section-10)
(1) A Pradhan or an Upa-Pradhan or a member of a Gram Panchayat may resign his
office by notifying in writing his intention to do so to the prescribed authority and on
such resignation being accepted the Pradhan, the Upa-Pradhan 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 Gram Panchayat within
thirty days of such acceptance.
Section : 11
Removal of member of Gram Panchayat. ( Part II.- Gram Panchyat-Chapter II –
Constitution of Gram panchyat-Section-11)
(1) The prescribed authority may, after giving an opportunity to a member of a
Gram Panchayat to show cause against the action proposed to be taken against
him, by order remove him from office—
(a) if after his election 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 Gram Panchayat at the time of his
election; or
(c) if he incurs any of the disqualifications mentioned in clauses (b) to (g) of section
8 after his election as a member of the Gram Panchayat; or
(d) if he is absent from- three consecutive meetings of the Gram Panchayat without
the leave of the Gram Panchayat; 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 Gram Panchayat 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 Stale 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.
Section : 12
Removal of Pradhan and Upa-Pradhan. ( Part II.- Gram Panchyat-Chapter II –
Constitution of Gram panchyat-Section-12)
[Subject to the other provisions of this section, a Pradhan or an Upa-Pradhan] of
a Gram Panchayat may, at any time, be removed from office 2
[by a resolution
carried by the majority of the existing members referred to in clause (i) of subsection
(2A) of section 4] 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
Pradhan from his office is under consideration, the Pradhan, or while any
resolution for the removal of the Upa-Pradhan from his office is under
consideration, the Upa-Pradhan, shall not, though he is present, preside, and the
provisions of sub-section (2) of section 16 shall apply in relation to every such
meeting as they apply in relation to a meeting from which the Pradhan or, as the
case may be, the Upa-Pradhan is absent.
1
Provided further that no meeting for the removal of the Pradhan or the UpaPradhan
under this section shall be convened within a period of one year from the
date of election of the Pradhan or the Upa-Pradhan:
1
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 for the removal of the same office bearer within six months
from the date appointed for such meeting.
Section : 13
Filling of casual vacancy in the office of Pradhan or Upa-Pradhan. ( Part II.- Gram
Panchayat-Chapter II – Constitution of Gram panchayat-Section-13)
In the event of removal of a Pradhan or an Upa-Pradhan under section 12 or when a
vacancy occurs in the office of a Pradhan or an Upa-Pradhan by resignation, death or
otherwise, the Gram Panchayat shall elect another Pradhan or Upa-Pradhan in the
prescribed manner.
Section : 14
Filling of casual vacancy in place of member of Gram Panchayat. ( Part II.- Gram
Panchayat-Chapter II – Constitution of Gram Panchayat-Section-14)
If the office of a member of a Gram Panchayat becomes vacant by reason of his death,
resignation, removal or otherwise, the vacancy shall be filled in the prescribed manner by
election of another person under this Act.
Section : 15
Term of office of Pradhan,Upa-Pradhan or member filling casual vacancy. ( Part
II.- Gram Panchayat-Chapter II – Constitution of Gram Panchayat-Section-15)
Every Pradhan or Upa-Pradhan elected under section 13 and every member elected
under section 14 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.
Section : 16
Meetings of Gram Panchayat. ( Part II.- Gram Panchayat-Chapter II – Constitution
of Gram Panchayat-Section-16)
(1) Every Gram Panchayat shall hold a meeting at least once in a month 2
[in the
office of the Gram Panchayat. Such meeting shall be held on such date and at
such hour as the Gram Panchayat may fix at the immediately preceding
meeting]:
Provided that the first meeting of a newly constituted Gram Panchayat shall be
held 3
[on such date and at such hour and] at such place within the local limits
of the Gram concerned as the prescribed authority may fix:
Provided further that the Pradhan when required in writing by 1
[one-third] or
the members of the Gram Panchayat subject to a minimum of 2
[three members]
to call meeting 3
[shall do so fixing the date and hour of the meeting 4
(to be held)
within fifteen days after giving intimation to the prescribed authority and seven
days’ notice to the members of the Gram Panchayat,] failing which the
members aforesaid may call a meeting 5
[to be held] 6
[within thirty-five days]
after giving intimation to the prescribed authority and seven clear days’ notice
to the Pradhan and other members of the Gram Panchayat. Such meeting shall
be held 7
[in the office of the Gram Panchayat on such date and at such hour] as
the members calling the meeting may decide. 8
[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 deemed fit]:
9
Provided also that for the purpose of convening a meeting under section 12, at
least one-third of the members referred to in clause (i) of sub-section (2A) of
section 4, subject to a minimum of three members, shall require the Pradhan to
convene the meeting:
10Provided also that if the Gram Panchayat does not fix at any meeting the date
and the hour of the next meeting or if any meeting of the Gram Panchayat is
not held on the date and the hour fixed at the immediately preceding meeting,
the Pradhan shall call a meeting of the Gram Panchayat on such date and at
such hour as he thinks fit.
(2) The Pradhan or in his absence the Upa-Pradhan shall preside at the meeting
of the Gram Panchayat; and in the absence of both 1
[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) 2
[One-third] of the total number of members subject to a minimum of 3
[three]
members shall form a quorum for a meeting of a Gram Panchayat;
Provided that no quorum shall be necessary for a adjourned meeting.
(4) All questions coming before a Gram Panchayat 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:
4
Provided further that in case of a requisitioned meeting for the removal of a
Pradhan or an Upa-Pradhan under section 12, the person presiding shall have
no second or casting vote.
6
16A.
(1) Every constituency of a Gram Panchayat under clause (a) of sub-section (3)
of section 4 shall have a 7
[Gram Sansad] consisting of persons whose names
are included in the electoral roll of the West Bengal Legislative Assembly for
the time being in force pertaining to the area comprised in such constituency of
the Gram Panchayat.
(2) Every Gram Panchayat shall hold within the local limits of the Gram an
annual and a half-yearly meeting for each 7
[Gram Sansad] at such place, on
such date and at such hour as may be fixed by the Gram Panchayat:
Provided that the annual meeting of the 7
[Gram Sansad] shall be held
ordinarily in the month of May and the half-yearly meeting of the 7
[Gram
Sansad] shall be held ordinarily in the month of November every year:
1
[Provided further that a Gram Panchayat may, in addition to the annual and
the half-yearly meeting, hold extraordinary meeting of a Gram Sansad at any
time if the situation so warrants or if the State Government, by order, so directs
and for the purpose of holding such extraordinary meeting, provisions of this
section shall apply.
(3) The Gram Panchayat shall, at least seven days before the date of holding the
meetings referred to in sub-section (2), give public notice of such meetings by
beat of drums as widely as possible, announcing the agenda, place, date and
hour of the meeting. A notice of such meeting shall also be hung up in the
office of the Gram Panchayat.
(4) Every meeting of the Gram Sabha shall be presided over by the Pradhan and,
in his absence, by the Upa-Pradhan and in the absence of both, the member or
one of the members, as the case may be, elected from the constituency
comprising the Gram Sabha or, in the absence of such member or members,
any other member of the Gram Panchayat shall preside over the meeting:
Provided that when two members are elected from the constituency, the
member senior in age shall have priority in presiding over the meeting:
Provided further that every member elected from the constituency shall attend
each meeting of the Gram Sansad.
3
(4A) One-tenth of the total number of members shall form a quorum for a
meeting of a Gram Sansad’.
4
Provided that if there is no quorum available in such meeting, the meeting
shall be adjourned to be held at the same place and hour on the seventh day
after the date of such meeting in the manner as may be prescribed.
(5) The attendance of the members of the Gram Sabha in the annual and the halfyearly
meeting and the proceedings of such meetings shall be recorded by such
officer or employee of the Gram Panchayat, or, in the absence of the officers
and employees of the Gram Panchayat, by such member of the Gram
Panchayat as may be authorised by the presiding member in this behalf. Such
proceedings shall be read out before the meeting is concluded and the presiding
member shall then sign it.
(6) 1A Gram Sansad shall guide and advise the Gram Panchayat in regard to the
schemes for economic development and social justice undertaken or proposed
to be undertaken in its area and may, without prejudice to the generality of
such guidance and advice,—
(a) identify, or lay down principles for identification of, the schemes which
are required to be taken on priority basis for economic development of the
village,
(b) identify, or lay down principles for identification of, the beneficiaries for
various poverty alleviation programmes,
(c)
2
constitute a Gram Unnayan Samiti with such number of functional
committees as may be required, in such manner as may be prescribed,
having jurisdiction over the area of the Gram Sansad for ensuring active
participation of the people in implementation, maintenance and equitable
distribution of benefits with respect to such subjects, as may be prescribed:
Provided that the Gram Unnayan Samiti shall be accountable for its
functions and decisions, to the Gram Sansad and the Gram Sansad shall
exercise its power and authority in this behalf in such manner, as may be
prescribed;
(d) mobilise mass participation for community welfare programmes and
programmes for adult education, family welfare and child welfare,
(e) promote solidarity and harmony among all sections of the people
irrespective of religion, faith, caste, creed or race,
(f) record its objection to any action of the Pradhan or any other member
of the Gram Panchayat for failure to implement any development scheme
properly or without active participation of the people of that area.
3
16B.
(1) Every Gram shall have a Gram Sabha consisting of persons registered in the
electoral roll pertaining to the area of the Gram.
(2) Every Gram Panchayat shall hold within the local limits of the Gram an
annual meeting, ordinarily in the month of December every year, of the Gram
Sabha after completion of the half-yearly meeting of the Gram Sansads.
(3) One-twentieth of the total number of members shall form a quorum for a
meeting of a Gram Sabha:
Provided that no quorum shall be necessary for an adjourned meeting which
shall be held at the same time and place after seven days.
(4) The Gram Panchayat shall, at least seven days before the date of holding the
meeting referred to in sub-section (2), give public notice of such meetings by
beat of drums as widely as possible, announcing the agenda, place, date and
hour of the meeting. A notice of such meeting shall also be hung up in the
office of the Gram Panchayat. Similar publicity shall also be given in the case
of an adjourned meeting.
(5) A meeting of the Gram Sabha shall be presided over by the Pradhan of the
concerned Gram Panchayat or, in his absence, by the Upa-Pradhan.
(6) All questions coming before a Gram Sabha shall be discussed and points
raised there shall be referred to the Gram Panchayat for its consideration.
(7) The Gram Sabha shall deliberate upon, recommend for, and adopt resolution
on, any matter referred to in sub-section (6) of section 16A and section 17A:
1
Provided that constitution of a Beneficiary Committee by a Gram Sansad
under clause (c) of sub-section (6) of section 16A, shall not be questioned in
any meeting of the Gram Sabha.
(8) The Gram Panchayat shall, on considering and collating the resolutions of the
Gram Sansads, place before the Gram Sabha the resolutions of the Gram
Sansads and the views of the Gram Panchayat together with its report on the
actions taken and proposed to be taken on them for deliberation and
recommendation by the Gram Sabha.
(9) The proceedings of the meetings of the Gram Sabha shall be recorded by such
officer or employee of the Gram Panchayat or, in the absence of officers and
employees of the Gram Panchayat, by such member of the Gram Panchayat as
may be authorised by the presiding member in this behalf. Such proceedings
shall be read out before the meeting is concluded and the presiding member
shall then sign the proceedings.
Section : 17
List of business to be transacted at a meeting. ( Part II.- Gram Panchayat-Chapter
II – Constitution of Gram Panchayat-Section-17)
A list of the business to be transacted at every meeting of a Gram Panchayat except at an
adjourned meeting shall be sent to each member of the Gram Panchayat 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 Pradhan thinks that a situation has arisen for which an emergent
meeting of the Gram Panchayat 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.
1
Transaction of business at Gram Sansad meeting.
2
17A.
(1) The Gram Panchayat shall place for 3
[deliberation, recommendation and
suggestion]—
(a) in the annual 4
[meeting of the 5
(Gram Sansad)}—
(i) 6
[the supplementary budget of the Gram Panchayat for the preceding
year,] and
(ii) the report prepared under section 18 7
* * * *;
8
(b) in the half-yearly meeting of the Gram Sansad—
(i) the budget of the Gram Panchayat for the following year, and
(ii) the latest report on the audit of the accounts of the Gram Panchayat
(2) Such other business relating to the affairs of the Gram Panchayat may also be
transacted at such annual or half-yearly 9
[meeting of the 10(Gram Sansad)] as
may be agreed upon by the persons present at such meeting.
(3) Every resolution adopted in a meeting of a
2
[Gram Sansad] shall e duly considered
by the Gram Panchayat in its meeting and the decisions and actions taken by the
Gram Panchayat shall form part of the report under section 18 for the following year.
(4) Any omission to act under Clause (a) or clause (b) of subsection (/) or under subsection
(3), shall be deemed to be an act of inpropriety and irregularity within the
scope and meaning of clause (b) of sub-section (2) of section 190.
(5) Any omission to act under section 16A or section 16B or under clause (a) or clause
(6) of sub-section (7), or sub-section (3), of this section shall be deemed to be a willful
omission or refusal to carry out the provisions of this Act within the scope and meaning
of section 213 or incompetence to perform, or persistent default in the performance of,
the duties under this Act within the scope and meaning of section 214, as the case may be.
Section : 18
Report on the work of Gram Panchayat. ( Part II.- Gram Panchayat-Chapter II –
Constitution of Gram Panchayat-Section-18)
(1) The Gram Panchayat 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 Panchayat Samiti concerned
within the prescribed time.
(2) The Gram Panchayat shall, in October and April every year, prepare a half-yearly
report showing the amount received by the Gram Panchayat during the previous halfyear
from different sources including the opening balance and the amount actually
spent on different items of work and a list of beneficiaries.
(3) The Gram Panchayat shall, immediately after the preparation of the report and the
list referred to in sub-section (2), publish the same in the office of the Gram
Panchayat for information of the general public.
(4) The Gram Panchayat shall, as soon as may be after the preparation of the report
under sub-section (1) and the report and the list under subsection (2), place the same
in the meetings of the Gram Sansads and the Gram Sabha for discussion and
adoption with modifications, if any, and shall furnish copies of the report under subsection
(7) as so modified to the prescribed authority referred to in sub-section (7) and
the Panchayat Samiti ordinarily by the middle of January every year.
Chapter III
Powers and duties of Gram Panchayat
Section : 19
Key Word : Obligatory duties of Gram Panchayat. ( Part II.- Gram PanchayatChapter
III – Power and duties of Gram Panchayat-Section-19)
(1) A Gram Panchayat shall function as a unit of self-government and, in order to
achieve economic development and secure social justice for all, shall, subject to such
conditions as may be prescribed or such directions as may be given by the State
Government,—
(a) prepare a development plan for the five-year term of the office of the members and
revise and update it as and when necessary with regard to the resources available;
(b) prepare an annual plan for each year by the month of October of the preceding year
for development of human resources, infra-structure and civic amenities in the area;
(c) implement schemes for economic development and social justice as may be drawn
up by, or entrusted upon it.
(2) 2
[Without prejudice to the generality of the provisions of subsection (/) and subject
to such conditions as may be prescribed or such directions as may be given by the
State Government,] the duties of a Gram Panchayat shall be to provide within the
area under its jurisdiction for—
(a) sanitation, conservancy and drainage and the prevention of public nuisances;
(b) curative and preventive measures in respect of malaria, small pox, cholera or any
other epidemic;
(c) supply of drinking water and the cleansing and disinfecting the sources of supply
and storage of water;
(d) the maintenance, repair and construction of public streets and protection thereof;
(e) the removal of encroachments of public streets or public places;
(f) the protection and repair of buildings or other property vested in it;
(g) the management and care of public tanks, subject to the provisions of the Bengal
Tanks Improvement Act, 1939, common grazing grounds, burning ghats and public
graveyards;
(h) the supply of any local information which the District Magistrate, the Zilla
Parishad'[, the Mahakuma Parishad, the Council] or the Panchayat Samiti within the
local limits of whose jurisdiction the-Gram Panchayat is situated may require;
(i) organising voluntary labour for community works and works for the upliftment of
its area;
(j) the control and administration of the Gram Panchayat Fund established under this
Act;
(k) the imposition, assessment and collection of the taxes, rates or fees leviable under
this Act;
(l) the maintenance and 2
[control of Dafadars, Chowkidars and Gram Panchayat
Karmees] within its jurisdiction and securing due 3
[performance by the Dafadars,
Chowkidars and Gram Panchayat Karmees] of the duties imposed on them under this
Act;
(m) the constitution and administration of the Nyaya Panchayat established under this
Act; and
(n) the performance of such functions as may be transferred to it under section 31 of the
Cattle-trespass Act, 1871.
4
(3) A Gram Panchayat shall not omit or refuse to act upon any recommendations of a
Gram Sansad relating to prioritization of any list of beneficiaries or scheme or
programme so far as it relates to the area of the Gram Sansad unless it decides in a
meeting for reasons to be recorded in writing that such recommendation or
recommendations are not acceptable or implementable under the provisions of the Act or
any rule, order or direction thereunder; such decision of the Gram Panchayat shall be
placed in the next meeting of the Gram Sansad.
Section : 20
Key Word : Other duties of Gram Panchayat. ( Part II.- Gram Panchayat-Chapter
III – Power and duties of Gram Panchayat-Section-20)
(1) A Gram Panchayat shall also perform such other functions as the State Government
may assign to it in respect of—
(a) primary, social, technical'[, vocational, adult or non-formal education;]
(b) rural dispensaries, health centres and maternity and child welfare centres;
(c) management of any public ferry under the Bengal Ferries Act, 1885;
(d) irrigation 2
[including minor irrigation, water management and watershed
development];
(e) agriculture including agricultural extension and fuel and fodder;
(f) care of the infirm and the destitute;
(g) rehabilitation of displaced persons;
(h) improved breeding of cattle, medical treatment of cattle and prevention of cattle
disease;
(i) its acting as a channel through which Government assistance should reach the
villages;
(j) bringing waste land under cultivation 4
[through land improvement and soil
conservation];
(k) promotion of village plantations 5
[, social forestry and farm forestry];
(l) arranging for cultivation of land lying fallow;
(m) arranging for co-operative management of land and other resources of the village;
(n) assisting in the implementation of land reform measure in its area;
(o) implementation of such schemes as may be formulated or performance of such acts
as may be entrusted to the Gram Panchayat by the State Government;
(p) field publicity on matters connected with development works and other welfare
measures undertaken by the State Government;
(q) minor forest produce;
(r) rural housing programme;
(s) rural electrification including distribution of electricity;
(t) non-conventional energy sources; and
(u) women and child development.
(2) If the State Government is of opinion that a Gram Panchayat has persistently made
default in the performance of any of the functions assigned to it under sub-section (7),
the State Government may, after recording its reasons, withdraw such function from
such Gram Panchayat.
Section : 21
Discretionary duties of Gram Panchayat. ( Part II.- Gram Panchayat-Chapter III –
Power and duties of Gram Panchayat-Section-21)
Subject to such conditions as may be prescribed, a Gram Panchayat may, and shall if
the State Government so directs, make provision for—
(a) the maintenance of lighting of public streets;
(b) planting and maintaining trees on the sides of public streets or in other public places
vested in it;
(c) the sinking of wells and excavation of ponds and tanks;
(d) the introduction and promotion of co-operative fanning, co-operative stores, and
other co-operative enterprises, trades and callings;
(e) the construction and regulation of markets, the holding and regulation of fairs, melas
and hats and exhibitions of local produce and products of local handicrafts and home
industries;
(f) the allotment of places for storing manure;
(g) assisting and advising agriculturists in the matter of obtaining State loan and its
distribution and repayment;
(h) filling up of insanitary depressions and reclaiming of unhealthy localities;
(i) the promotion and encouragement of cottage 2
[, Khadi, village and small-scale
including food processing] industries;
3
(i1) promotion of dairying and poultry;
3
(i2) promotion of fishery;
(i3) poverty alleviation programme;
(j) the destruction of rabbit or ownerless dogs;
(k) regulating the production and disposal of foodstuffs and other commodities in the
manner prescribed;
(l) the construction and maintenance of surais, dharmasalas, rest houses, cattle sheds
and cart stands;
(m) the disposal of unclaimed cattle;
(n) the disposal of unclaimed cropses and carcasses;
(o) the establishment and maintenance of libraries and reading rooms;
(p) the organisation and maintenance of akharas, clubs and other places for recreation or
games; (p1) cultural activities including sports and games; (p2) social welfare
including welfare of the handicapped and mentally retarded: (p3) welfare of socially
and educationally backward classes of citizens and, in particular, of the Scheduled
Castes and the Scheduled Tribes; (p4) public distribution system; (p5) maintenance of
community assets;
(q) the maintenance of records relating to population census, crop census, cattle census
and census of unemployed persons and of other statistics as may be prescribed;
(r) the performance in the manner prescribed of any of the functions of 2
[the Zilla
Parishad or the Mahakuma Parishad or the Council, as the case may be,] with its
previous approval, calculated to benefit the people living within the jurisdiction of the
Gram Panchayat;
(s) rendering assistance in extinguishing fire and protecting life and property when fire
occurs;
(t) assisting in the prevention of burglary and dacoity; and
(u) any other local work or service of public utility which is likely to promote the health,
comfort, convenience or material prosperity of the public, not otherwise provided for
in this Act.
Section : 22
State Government to place funds necessary for the performance of functions and
duties under Section 20 or 21 at the disposal of Gram Panchayat. ( Part II.- Gram
Panchayat-Chapter III – Power and duties of Gram Panchayat-Section-22)
Where the State Government assigns any function to a Gram Panchayat under section 20
or where it directs a Gram Panchayat to make provision for any of the items enumerated
in section 21, it shall place such funds at the disposal of the Gram Panchayat as may be
required for the due performance of such function or for making such provision, as the
case may be.
Section : 23
Control of building operations. ( Part II.- Gram Panchayat-Chapter III – Power and
duties of Gram Panchayat-Section-23)
(1) No person shall ”[erect any new structure or new building or make any addition to
any structure or building] in any area within the jurisdiction of a Gram Panchayat except
with the previous permission in writing of the Gram Panchayat:
2
Provided that such erection of new structure or new building or such addition to
any structure or building or such permission of the Gram Panchayat shall be
subject to such rules as may be made by the State Government in this behalf:
2
Provided further that a Grain Panchayat shall not accord permission for erection
of a new structure or construction of a new building, if the proposal for such
erection or construction, as the case may be,—
(a) has any provision for erection or construction of any dry latrine, by whatever
name called, and
(b) does not have any provision for erection or construction of a sanitary latrine of
any description.
(2) Every person seeking permission under sub-section (1) shall make an application in
writing to such authority, in such form, containing such particulars and on payment of
such fee 3
* * * * as may be prescribed:
4
Provided that no permission under sub-section (1) shall be necessary for erection
of any new thatched structure, tin shed or tile shed without brick wall covering an
area not exceeding [eighteen square meters where such structure or shed does not
cover more than three-fourths of the total area of the land (including appurtenant
land) and there is a setback of not less than nine-tenth meter on the road-side:]
4
Providcd further that the Stale Government may, by order, exempt any structure
or building or any class of structures or buildings from the operation of the
provisions of sub-section (1) and of this sub-section.
(3) On receipt of such application the authority, after making such enquiry as it
considers necessary and [in accordance with such rules as may be made by the Stale
Government in this behalf,] shall, by order in writing, either grant the permission or
refuse it, recording in the case of refusal the reasons therefor.
(4) Any person aggrieved by an order of the authority under subsection (3) refusing
permission may, within ninety days from the date of communication of such order to
him, prefer an appeal to such appellate authority as may be prescribed.
(5) No appeal shall lie against the order of the appellate authority referred to in subsection
(4).
(6) Where 1
[any new structure or new building or any addition to any structure or
building is being or has been erected or made, as the case may be,] in contravention
of the provisions of sub-section (1), the authority may, after giving the owner of such
building an opportunity of being heard, make an order directing the demolition of the
building by the owner within such period as may be specified in the order and in
default the authority may itself effect the demolition and recover the cost thereof from
the owner as a public demand.
(7) Any person who 2
[contravenes] the provisions of sub-section (1) shall be liable on
conviction by a Magistrate to a fine which may extend to two hundred and fifty
rupees.
Section : 24
Impovement of sanitation. ( Part II.- Gram Panchayat-Chapter III – Power and
duties of Gram Panchayat-Section-24)
(1) For the improvement of sanitation, a Gram Panchayat shall have the power to do all
acts necessary for an incidental to the same and in particular and without prejudice to the
generality of the foregoing power, a Gram Panchayat may, by order, require the owner or
occupier of any land or building, within such reasonable period as may be specified in the
notice served upon him and after taking into consideration his financial position—
(a) to close, remove, alter, repair, cleanse, disinfect, or put in good order any latrine,
urinal, water-closet, drain, cesspool, or other receptacle for filth, sullage, rubbish or
refuse pertaining to such land or building, or to remove or alter any door or trap or
construct any drain for any such latrine, urinal or water-closet which opens on to a
street or drain or to shut off such latrine, urinal or water-closet by a sufficient roof or
wall or 1’ence from the view of persons passing by or dwelling in the neighbourhood;
(b) to cleanse, repair, cover, fill up, drain off or remove water from, a private well, tank,
reservoir, pool, pit, depression or excavation therein which may be injurious to health
or offensive to the neighbourhood;
(c) to clear off any vegetation, undergrowth, prickly pear or scrub jungle therefrom;
(d) to remove any dirt, dung, night-soil, manure or any obnoxious or offensive matter
therefrom and to cleanse the land or building:
Provided that a person on whom a notice has been served as aforesaid may,
within thirty days of receipt of such notice, appeal to the prescribed
authority against the order contained therein whereupon the prescribed
authority may stay the operation of the order contained in the notice till the
disposal of the appeal and it may, after giving such notice of the appeal to
the Gram Panchayat concerned as may be prescribed, modify, set aside or
confirm the order:
Provided further that the prescribed authority shall, when it confirms or
modifies the order contained in the notice after the expiry of the period
mentioned therein, fix a fresh period within which the order contained in the
notice, as confirmed or modified by it, shall be carried out.
(2) If the order contained in a notice served as aforesaid, has not been set aside by the
prescribed authority and if the person upon whom the notice has been served fails,
without sufficient reason, to comply with the order in its original form or the order as
modified by the prescribed authority, within the time specified in the notice or within
the time fixed by the prescribed authority, as the case may be, he shall be liable, on
conviction by a magistrate, to a fine which may extend to two hundred and fifty
rupees.
Section : 25
Power of Gram Panchayat over public streets,water-ways and other matters. ( Part
II.- Gram Panchayat-Chapter III – Power and duties of Gram Panchayat-Section-
25)
(1) A Gram Panchayat shall have control over all public streets and waterways within
its jurisdiction other than canals as defined in section 3 of the Bengal Irrigation Act,
1876, not being private property and not being under the control of the Central or
Slate Government or any local authority and may do all things necessary for the
maintenance and repair thereof, and may,—
(a) construct new bridges and culverts;
(b) divert or close any such public street, bridge or culvert;
(c) widen, open, enlarge or otherwise improve any such public street, bridge or culvert
and with minimum damage to the neighbouring fields, plant and preserve trees on the
sides of such street;
(d) deepen or otherwise improve such waterways;
(e) with the sanction of the Zilla Parishad [or the Mahakuma Parishad or the Council,
as the case may be,] and where there is a canal as defined in the Bengal Irrigation Act,
1876, with the sanction also of such officer as the State Government may prescribe,
undertake irrigation projects.
(f) trim hedges and branches of trees projecting on public streets; and
(g) set apart by public notice any public source of water supply for drinking or culinary
purposes and likewise prohibit all bathing, washing or other acts likely to pollute the
source so set apart.
(2) A Gram Panchayat may, by a notice in writing, require any person who has caused
obstruction or encroachment on or damage to any public street or drain or other
property under the control and management of the said Gram Panchayat, to remove
such obstruction or encroachment or repair such damage, as the case may be, within
the time to be specified in the notice.
(3) If the obstruction of encroachment is not removed or damage is not repaired within
the time so specified the Gram Panchayat may cause such obstruction or
encroachment to be removed or such damage to be repaired and the expenses of such
removal or repair shall be recoverable from such person as a public demand.
(4) For the purpose of removal of obstruction or encroachment under sub-section (J), the
Gram Panchayat may apply to the Sub-divisional Magistrate and the Sub-divisional
Magistrate shall, on such application, provide such help as may be necessary for the
removal of such obstruction or encroachment
Section : 26
Power of Gram Panchayat in respect of polluted water-supply. ( Part II.- Gram
Panchayat-Chapter III – Power and duties of Gram Panchayat-Section-26)
(1) A Gram Panchayat may, by written notice, require the owner of, or the person
having control over, a private water-course, spring, tank, well, or other place, the water of
which is used for drinking or culinary purpose, after taking into consideration his
financial position, to take all or any of the following steps within a reasonable period to
be specified in such notice, namely—
(a) to keep and maintain the same in good repair;
(b) to clean the same, from time to lime of silt, refuse or decaying vegetation;
(c) to protect it from pollution; and
(d) to prevent its use, if it has become so polluted as to be prejudicial to public health:
Provided that a person upon whom a notice as aforesaid has been served
may, within thirty clays from the date of receipt of the notice, appeal to the
prescribed authority against the order contained in the notice’ whereupon the
prescribed authority may stay the operation of the order contained in the
notice till the disposal of the appeal and it may, after giving such notice of
the appeal to the Gram Panchayat concerned as may be prescribed, modify,
set aside or confirm the order:
Provided further that the prescribed authority shall, when it confirms or
modifies the order contained in the notice after the expiry of the period
mentioned therein, fix a fresh period within which the order contained in the
notice, as confirmed or modified by it, shall be carried out.
(2) If the order contained in a notice served as aforesaid has not been set aside by the
prescribed authority and if the person upon whom the notice has been served fails,
without sufficient reason, to comply with the order in its original form or the order as
modified by the prescribed authority, within the time specified in the notice or within the
time fixed by the prescribed authority, as the case may be, he shall be liable, on
conviction by a magistrate, to a fine which may extend lo two hundred and fifty rupees.
Section : 27
Power of Gram Panchayat to prevent growth of water-hyacinth or other weed
which may pollute water. ( Part II.- Gram Panchayat-Chapter III – Power and
duties of Gram Panchayat-Section-27)
(1) Notwithstanding anything contained in the Bengal Water Hyacinth Act, 1936, a
Gram Panchayat may, by written notice, require the owner or occupier of any land or
premises, containing a tank or pond or similar deposit of water after taking into
consideration his financial position, not to allow water-hyacinth or any other weed
which may pollute water to grow thereon and to eradicate the same therefrom within
such reasonable period as may be specified in the notice:
Provided that a person on whom a notice as aforesaid has been served may, within
thirty days from the date of receipt of the notice, appeal to the prescribed
authority against the order contained in the notice whereupon the prescribed
authority may stay the operation of the order contained in the notice till the
disposal of the appeal and it may, after giving such notice of the appeal to the
Gram Panchayat concerned as may be prescribed, modify, set aside or confirm
the order:
Provided further that the prescribed authority shall, when it confirms or modifies
the order contained in the notice after the expiry of the period mentioned therein,
fix a fresh period within which the order contained in the notice, as confirmed or
modified by it, shall be carried out,
(2) If the order contained in a notice served as aforesaid has not been set aside by the
prescribed authority and if the owner or occupier upon whom the notice has been served
fails, without sufficient reason, to comply with the order in its original form or the order
as modified by the prescribed authority, within the time specified in the notice or within
the time fixed by the prescribed authority, as the case may be, he shall be liable, on
conviction by a magistrate, to a fine which may extend to two hundred and fifty rupees.
Section : 28
Emergent power on outbreak of epidemic. ( Part II.- Gram Panchayat-Chapter III –
Power and duties of Gram Panchayat-Section-28)
In the event of an outbreak of cholera or any other water-borne infectious disease in any
locality situated within the local limits of the jurisdiction of a Gram Panchayat, the
Pradhan, the Upa-Pradhan or any other person authorised by the Pradhan may, during
the continuance of the outbreak, without notice and at any time, inspect and disinfect any
well, tank or other place from which water is, or is likely to be, taken for the purpose of
drinking and may further take such steps as he deems fit to prevent the drawing of water
therefrom.
Section : 29
Power of recovery of cost for work carried out by Gram Panchayat on failure of any
person. ( Part II.- Gram Panchayat-Chapter III – Power and duties of Gram
Panchayat-Section-29)
If any work required to be done by an order contained in a notice served under sections
24, 26 or 27 is not executed within (he period specified in the notice or where an appeal
is made to the prescribed authority, within an equal period from the date of the decision
on the appeal, the Gram Panchayat may, in the absence of satisfactory grounds for noncompliance
cause such work to be carried out and the cost of carrying out such work shall
be recoverable as an arrear of public demand from the person on whom the notice was
served.
Section : 30
Key Word : Joint Committees. ( Part II.- Gram Panchayat-Chapter III – Power
and duties of Gram Panchayat-Section-30)
(1) Subject to such rules as may be prescribed, two or more Gram Panchayats may
combine, by a written instrument duly subscribed \ by them, to appoint a Joint Committee
consisting of such representatives as may be chosen by the respective Gram Panchayat.
for the purpose of transacting any business or carrying out any work in which they are
jointly interested and may—
(a) delegate to such Committee the power, with such conditions as the Gram
Panchayats may think fit to impose, to frame any scheme binding on each of the
constituent Gram Panchayats as to the construction and maintenance of any joint
work and the power, which may be exercised by any such Panchayat in relation to
such scheme; and
(b) frame or modify rules regarding the constitution of such committees and the term
of office of the members thereof and the method of conducting business.
(2) If any difference of opinion arises between the constituent Grain Panchayats under
this section, it shall be referred to such officer as the State Government may prescribe,
and the decision of the said officer thereon shall be final and binding on each of the
constituent Gram Panchayats.
Section : 31
Key Word : Deligations of functions by Zilla Parishad. ( Part II.- Gram
Panchayat-Chapter III – Power and duties of Gram Panchayat-Section-31)
(1) A Zilla Paris had’ [or the Mahakuma Parishad or the Council] may, with the
concurrence of a Gram Panchayat and subject to such restriction and conditions as
may be mutually agreed upon, delegate to such Gram Panchayat any of its functions
in the manner prescribed.
(2) Where functions are delegated lo a Gram Panchayat, under this section, the Cram
Panchayat, in the discharge of such functions, shall act as the agent of 2
[the Zilla
Parishad or the Mahakuma Parishad or the Council, as the case may be.]
Section : 32
Key Word : Deligations of functions of Gram Panchayat to its Pradhan. ( Part II.-
Gram Panchayat-Chapter III – Power and duties of Gram Panchayat-Section-32)
A Gram Panchayat may, at a meeting specially convened for the purpose, by a resolution
delegate to its Pradhan such duties or powers of the Gram Panchayat as it thinks fit and
may at any time by a resolution, withdraw or modify the same:
Provided that when any financial power is delegated to a Pradhan or such power
is withdrawn or modified, the Gram Panchayat shall forthwith give intimation
thereof to the prescribed authority.
32A.
(1) Subject to such direction as may be issued by the State Government in this behalf, a
Gram Panchayat shall as soon as may be within three months following the first
meeting referred to in section 9, constitute Upa-Samitis as referred to in sub-section
(2) and delegate its powers, functions and duties to such Upa-Samitis, in such manner
as may be prescribed.
(2) Without prejudice to the generality of any other provisions of this Act, a Gram
Panchayat shall constitute in such manner as may be prescribed the following UpaSamitis:—
i. Artha O Parikalpana Upa-Samiti,
ii. Krishi O Pranisampad Bikas Upa-Samiti,
iii. Siksha O Janasasthya Upa-Samiti,
iv. Nari, Sishu Unnayan 0 Saniaj Kalyan Upa-Samiti,
v. Shilpa 0 Parikathama Upa-Samiti, and
vi. such other Upa-Samiti as the Gram Panchayat may, subject to the approval
of the State Government, constitute.
(3) The Upa-Samitis referred to in sub-section (2) shall consist of the following
members:—
(a) the Pradhan and the Upa-Pradhan, ex-officio;
(b) such number of members as may be prescribed, to be elected by the members from
among themselves; and
(c) such number of members as may be appointed by the State Government by any
general or special order:—
(i) from among the officials of the Panchayat bodies having jurisdiction,
the State Government or any Statutory Board, Corporation or
Organisation or any individual official receiving grant, financial
assistance or remuneration from the State Exchequer, and
(ii) any person having any specialised knowledge about the locality or any
area of activity;
(d) the Artha O Parikalpana Upa-Samiti shall have the Sanchalaks elected in the
manner as mentioned in subsection (4), as members of the Upa-Samiti and shall have
no other member referred to in clause (b) of subsection (3);
(e) the Nari, Sishu Unnayan O Samaj Kalyan Upa-Samiti shall have not less than half
of the members referred to in clause (b), elected from among the women members of
the Gram Panchayat, in the manner as may be prescribed.
(4) Members of each Upa-Samiti shall elect one member from among themselves in
such manner as may be prescribed to act as Sanchalak for such Upa-Samiti and such
Sanchalak shall be responsible for convening the meetings of such Upa-Samiti, coordinate
function of members within such Upa-Samiti and prepare and place report of
actions taken or proposed to be taken relating to such Upa-Samiti within the
budgetary provision of the Gram Panchayat to the Pradhan and the Gram Panchayat
from time to time:
Provided that the Pradhan of the Gram Panchayat shall be the ex-officio
Sanchalak of the Artha O Parikalpana Upa-Samiti:
Provided further that the Sanchalak for Nari, Sishu Unnyan O Samaj Kalyan UpaSamiti
shall be elected from among the women members of the Upa-Samiti:
Provided also that (he members referred lo in clause (c) of subsection (3) shall not
be eligible for election as Sanchalak and they shall not have any right to vote.
(5) The Upa-Samitis shall devise its own procedure for holding the meetings and for
performing other functions subject to the direction of the State Government and the
Gram Panchayat.
(6) The members of the Upa~Samitis may,—
(a) take, subject lo the direction of the Pradhan, the assistance of the employees of the
Gram Panchayat,
(b) seek advice and help of the employees of the State Government of any Department
at the appropriate level in discharge of their duties,
(c) place before the Pradhan and the Gram Panchayat a proposal for execution of a
scheme, programme or project within the budgetary provisions of the Gram
Panchayat for such purpose when the Pradhan or the Gram Panchayat shall consider
the proposal for execution and for sanction of funds:
Provided that the Pradhan shall not sanction any fund for a scheme,
programme or project without considering the views of the members of the
Upa-Samiti to whom powers have been delegated by the Gram Panchayat
with respect to such scheme, programme or project,
(d) call for any information, return, statement, account or report from the office of the
Gram Panchayat and enter on and inspect any immovable property of the Gram
Panchayat or inspect any work in progress connected with the functions and duties of
the Upa-Samiti.
(e) exercise such other powers, perform such other functions and discharge such other
duties, as the Gram Panchayat may, by general or special resolution, direct or as the
State Government may, by rules made in this behalf, prescribe.
(7) Each Upa-Samiti shall hold at least six meetings in a year in the office of the Gram
Panchayat
Section : 33
Gram Panchayat may manage estates and interests vested in the State. ( Part II.-
Gram Panchayat-Chapter III – Power and duties of Gram Panchayat-Section-33)
The State Government may, by general or special order published in the Official
Gazette, empower a Gram Panchayat to manage the estates and all interests therein
which are vested in the State and to exercise such powers, perform such functions and
discharge such duties in connection therewith as may be conferred, assigned or
imposed by or under any other law for the time being in force.
Section : 34
Powers,functions and duties of Gram Panchayat of Pradhan and Upa-Pradhan. (
Part II.- Gram Panchayat-Chapter III – Power and duties of Gram PanchayatSection-34)
(1) The Pradhan shall—
(a) be responsible for the maintenance of the records of the Gram Panchayat;
(b) have general responsibility for the financial and executive administration of the
Gram Panchayat;
(c) exercise administrative supervision and control over the work of the staff of the
Gram Panchayat and the officers and employees whose services may be placed at the
disposal of the Gram Panchayat 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 Gram
Panchayat under this Act or the rules made thereunder:
Provided that the Pradhan 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 Gram
Panchayat at a meeting;
(e) exercise such other powers, perform such other functions and discharge such other
duties as the Gram Panchayat may, by general or special resolution, direct or as the
State Government may by rules made in this behalf, prescribe.
(2) The Upa-Pradhan shall—
(a) exercise such of the powers, perform such of the functions and discharge such of the
duties of the Pradhan as the Pradhan 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 Pradhan may at any time withdraw all or any of the powers, functions and
duties so delegated to the Upa-Pradhan;
(b) during the absence of the Pradhan, exercise all the powers, perform all the functions
and discharge all the duties of the Pradhan;
(c) exercise such other powers, perform such oilier functions and discharge such other
duties as the Gram Panchayat may, by general or special resolution, direct or as the
State Government may, by rules made in this behalf, prescribe.
Chapter IV – Establishment of Gram Panchayat
Section : 35
Secretary of the Gram Panchayat. ( Part II.- Gram Panchayat-Chapter IV –
Establishment of Gram Panchayat-Section-35)
(1) There shall be a Secretary for every Gram Panchayat appointed by the Slate
Government or any authority empowered by the State Government in this behalf.
(2) The Secretary shall be responsible for maintenance and upkeep of the records of the
office of the Gram Panchayat and shall discharge such duties us may be prescribed.
(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 Secretary.
(4) Subject to rules framed by the Slate Government regarding discipline and control,
the Secretary shall act in all matters under the control of the Pradhan through whom
he shall be responsible to the Gram Panchayat.
Section : 36
Staff of the Gram Panchayat. ( Part II.- Gram Panchayat-Chapter IV –
Establishment of Gram Panchayat-Section-36)
(1) Subject to such rules as may be made by the State Government in this behalf, a
Gram Panchayat may appoint such officers and employees as may be required by it
and may fix the salaries and allowances 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 Gram Panchayat without the prior approval
of the State Government or such authority subordinate to it as may be prescribed.
(2) The State Government may place at the disposal of the Gram Panchayat 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 Gram Panchayat 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.
(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 Gram Panchayat.
3
36A. Subject to the provisions of this Act, the rules made thereunder and to any general
or special directions as the State Government may give in this behalf, the officers and
other employees employed by the Gram Panchayat and the officers and other employees
whose services have been placed at the disposal of the Gram Panchayat .shall exercise
such powers, perform such functions and discharge such duties as the Gram Panchayat
may determine
Chapter V – Dafadars,Chowkidars and Gram Panchayat Karmees
Section : 37
Dafadars,Chowkidars and Gram Panchayat Karmees. ( Part II.- Gram PanchayatChapter
V – Dafadars,Chowkidars and Gram Panchayat Karmees-Section-37)
(1) For general watch and ward, prevention of crime, protection of life and property 6
[,
running of office of the Gram Panchayat] and discharging all functions relevant
thereto as hereinafter provided within the local limits of the jurisdiction of a Gram
Panchayat every Gram Panchayat shall, unless otherwise directed or other provisions
are made by the State Government, maintain under its control such number of
7
[Dafadars, Chowkidars and Gram Panchayat Karmees] as the State Government
may by general or special order determine.
(2) 1
[The manner of maintenance of Dafadars, Chowkidars and Gram Panchayat
Karmees by a Gram Panchayat,] the salary, allowances and gratuity to be paid to
them and the nature and the cost of their equipment and all matters relating to their
recruitment, conditions of service, superannuation, discipline, punishment and
dismissal shall be determined in accordance with such rules as may be made:
Provided that the Gram Panchayat shall have disciplinary control over \Dafadars,
Chowkidars and Gram Panchayat Karmees.]
Section : 38
State Government may contribute cost of maintenance. ( Part II.- Gram PanchayatChapter
V – Dafadars,Chowkidars and Gram Panchayat Karmees-Section-38)
The State Government may contribute to the Gram Panchayat Fund the entire or any
part of the cost of maintenance of 3
[Dafadars, Chowkidars and Gram Panchayat
Karmees] including the amount necessary for the payment of salary, allowances,
provident fund and gratuity to 4
[Dafadars, Chowkidars and Gram Panchayat
Karmees] and the amount necessary for their reward and equipment.
Section : 39
Power and duties of Chowkidars,Dafadars and Gram Panchayat Karmees. ( Part
II.- Gram Panchayat-Chapter V – Dafadars,Chowkidars and Gram Panchayat
Karmees-Section-39)
(1) 5
[Every Chowkidar or Gram Panchayat Karmee] shall exercise the following
powers and perform the following duties, namely:—
i. he shall give immediate information to the officer-in-charge of the policestation
having jurisdiction over the area and to the Pradhan of the Gram Panchayat,
of every unnatural, suspicious or sudden death which may occur, and of any offence
specified in the First Schedule which may be committed within the jurisdiction of the
Gram Panchayat and he shall keep the officer-in-charge of the said police-station and
the Pradhan informed of all disputes which are likely to lead to a riot or serious
affray;
ii. he may, without an order from a Magistrate and without a warrant, arrest—
(a) any person who has been concerned in any cognizable offence or against whom a
reasonable complaint has been made, or credible information has been received, or
reasonable suspicion exists of his having been so concerned,
(b) any person having in his possession without lawful excuse, the burden of proving
which excuse shall lie on such person, any implement of house-breaking,
(c) any person who has been proclaimed as an offender under any law for the time
being in force,
(d) any person in whose possession anything is found which may reasonably be
suspected to be stolen property, or who may reasonably be suspected of having
committed an offence, with reference to such things,
(e) any person who obstructs a police-officer while in the execution of his duty or who
has escaped, or attempts to escape, from lawful custody,
(f) any person reasonably suspected of being a deserter from the Indian Army, Navy or
Air Force, and
(g) any released convict committing a breach of any rule made under sub-section (3) of
section 565 of the Code of Criminal Procedure, 1898;
(iii) he shall to the best of his ability prevent and he may interpose for the
purpose of preventing, the commission of any offence specified in the First Schedule;
(iv) he shall assist private persons in making such arrests as they may lawfully
make, and he shall report such arrests without delay to the officer-in-charge of the
police-station having jurisdiction over the area;
(v) he shall observe and from time to time report to such officer-in-charge, the
movements of all bad characters within the jurisdiction of the Gram Panchayat;
(vi) he shall report to such officer-in-charge the arrival of suspicious characters in
the neighbourhood;
(vii) he shall report in such manner as may be directed by the District Magistrate,
the births and deaths which have occurred within the local limits of the jurisdiction of
the Gram Panchayat;
(viii) he shall give immediate information to the Pradhan of the Gram Panchayat
of the outbreak of any epidemic disease among men or livestock within the local
limits of its jurisdiction;
(ix) he shall supply any local information which the District or Sub-divisional
Magistrate or any police-officer may require;
(x) he shall obey the orders of the Grant Panchayat in regard to keeping watch
within its jurisdiction and in regard to other matters connected with his duties;
(xi) he shall give immediate information to the Gram Panchayat of the
commission of any offence under this Act or any rule made thereunder which has
come to his knowledge and of any encroachment on, or obstruction to, any road or
waterway within the local limits of the jurisdiction of the Gram Panchayat, and of
any damage to any property vested in the Gram Panchayat or under its control;
(xii) he shall assist any person duly authorised by the Gram Panchayat to collect
any rate, tax or fee;
(xiii) he shall serve such processes as may be prescribed upon persons residing
within the jurisdiction of the Gram Panchayat; ‘* * ‘*
(xiv) he shall attend the office of the Gram Panchayat on such dates as may be
directed by the Pradhan, assist in such manner as may be necessary and act as
messenger as and when required; and
(xv) he shall carry out such other duties as may be entrusted to him from time to
time in accordance with this Act or any rule made thereunder.
Every Dafadar shall exercise all the powers conferred on a Chowkidar under sub-section
(1) and shall perform such duties as may be imposed upon him by rules made under this
Act.
Section : 40
Arrested person to be taken to police-station. ( Part II.- Gram Panchayat-Chapter V
– Dafadars,Chowkidars and Gram Panchayat Karmees-Section-40) Arrested person
to be taken to police-station. ( Part II.- Gram Panchayat-Chapter V –
Dafadars,Chowkidars and Gram Panchayat Karmees-Section-40)
Whenever [Dafadar, Chowkidar or Gram Panchayat Karmee] arrests any person under
section 39 he shall forthwith take the person so arrested to the police-station having
jurisdiction over the area in which the arrest is made:
Provided that if the arrest is made at night such person shall be so taken, as soon as
convenient, by the following morning.
Chapter VI
Property and fund
Section : 41
Power to acquire,hold and dispose of property. ( Part II.- Gram Panchayat-Chapter
VI – Property and Fund-Section-41)
A Gram Panchayat shall have power to acquire, hold and dispose of property and to
enter into contract:
Provided that in all cases of acquisition or disposal of immovable property the Gram
Panchayat shall obtain the previous approval of the State Government
Section : 42
Vesting of public properties in Gram Panchayat. ( Part II.- Gram PanchayatChapter
VI – Property and Fund-Section-42)
(1) All property within the local limits of the jurisdiction of Gram Panchayat of the
nature hereinafter in this section specified, other than property maintained by the
Central or the State Government or a local authority or any other Gram Panchayat,
shall vest in and belong to the Gram Panchayat, and shall, with all other property of
whatsoever nature or kind which may become vested in the Gram Panchayat, be
under its direction, management and control, that is to say—
(a) all public streets, including the soil, stones and other materials thereof and all
drains, bridges, culverts, trees, erection materials, implements and other things
provided for such streets;
(b) all public channels, water courses, springs, tanks, ghats, reservoirs, cisterns, wells,
aqueducts, conduits, tunnels, pipes, pumps and other waterworks whether made, laid
or erected at the cost of the Gram Panchayat or otherwise, and all bridges, buildings,
engines, works, materials and things connected therewith or appertaining thereto and
also any adjacent land (not being private properly) appertaining to any public tank:
Provided that water pipes and waterworks, connected therewith or
appertaining thereto which with the consent of the Gram Panchayat are laid
or set up in any street by the owners of any mill, factory, dockyard, workshop
or the like primarily for the use of their employees shall not be deemed to be
public waterworks by reason of their use by the public;
(c) all public sewers and drains, and all works, materials and things appertaining
thereto and other conservancy works:
Provided that for the purpose of enlarging, deepening or otherwise repairing
or maintaining any such sewer or drain the sub-soil Appertaining thereto
shall also be deemed to vest in the Gram Panchayat:
Provided further that where any installation or work for the treatment or
disposal of sewage is constructed by the owners of any mill, factory,
dockyard, workshop or the like primarily for the use of their employees, the
laying of sewers and other things appertaining thereto in a street with the
consent of the Gram Panchayat, shall not by virtue of this clause or by
reason of their use by the public cause such installation or sewers or works
appertaining thereto to vest in the Gram Panchayat;
(d) all sewage, rubbish and offensive matter deposited on streets or collected by the
Gram Panchayat from streets, latrines, urinals, sewers, cesspools and other places;
(e) all public lamps, lamp-posts and apparatus connected therewith or appertaining
thereto; and
(f) all buildings erected by the Gram Panchayat and all lands and buildings or other
property transferred to the Gram Panchayat by the Central or the State Government
or acquired by gift, purchase or otherwise for local public purposes.
(2) The State Government may, by notification, exclude any street, bridge or drain from
the operation of this Act or of any specified section of this Act:
Provided that, if the cost of the construction of the work shall have been paid from
the Gram Panchayat Fund, such work shall not be excluded from the operation of
this Act or any specified section of this Act except after consideration of the
views of the Gram Panchayat at a meeting.
Section : 43
Allocation of properties in Gram Panchayat. ( Part II.- Gram Panchayat-Chapter
VI – Property and Fund-Section-43)
The Slate Government may allocate to a Gram Panchayat any public property situated
within its local jurisdiction, and thereupon such property shall vest in and come under the
control of the Gram Panchayat.
Section : 44
Acquisition of land for Gram Panchayat. ( Part II.- Gram Panchayat-Chapter VI –
Property and Fund-Section-44)
Where a Gram Panchayat requires land for carrying out any of the purposes of this
Act, it may negotiate with the person or persons having interest in the said land, and if
it fails to reach an agreement, it may make an application to the 1
[Collector] for the
acquisition of the land, who may, if he is satisfied that the land is required for a public
purpose, take steps to acquire the land and such land shall, on acquisition, vest in the
Gram Panchayat.
Section : 45
Gram Panchayat Fund( Part II.- Gram Panchayat-Chapter VI – Property and
Fund-Section-45)
(1) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund
bearing the name of the Gram Panchayat and there shall be placed to the credit
thereof—
(a) contributions and grants, if any, made by the Central or the State Government;
(b) contributions and grants, if any, made by the Zilla Parishad, 2
[Mahakuma Parishad,
Council,] Panchayat Samiti or any other local authority;
(c) loans, if any, granted by the Central Government or the State Government;
(d) all receipts on account of taxes, rates and fees levied by it;
(e) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions
or works vested in, constructed by or placed under the control and management of,
the Gram Panchayat;
(f) all sums received as gift or contribution and all income from any trust or
endowment made in favour of the Gram Panchayat;
(g) such fines and penalties imposed and realised under the provisions of this Act as
may be prescribed;
(h) all other sums received by or on behalf of the Gram Panchayat.
3
Explanation.—A Gram Panchayat shall not receive to the credit of its Fund—
(a) any loan from any individual, severally or jointly or any member or office bearer of
the Gram Panchayat, or
(b) any gift or contribution from any individual, severally or jointly, or any member or
office bearer of the Gram Panchayat Save and except in pursuance of a resolution in
a meeting of the Gram Panchayat accepting such gift or contribution and stating the
purpose for which such gift or contribution is offered and accepted.
(2) Every Gram Panchayat shall set apart and apply annually such sum as may be
required to meet—
(a) the cost of administration of the Nyaya Panchayat, and
(b) he cost of maintenance of 1
[Dafadars, Chowkidars, and Gram Panchayat Karmees]
in terms of section 38, and
(c) the cost of its own administration including the payment of salary, allowances,
provident fund and gratuity to the officers and employees and 10 the Secretary.
(3) Every Gram Panchayat shall have the power to spend such sums as it thinks fit for
carrying out the purposes of this Act.
(4) The Gram Panchayat Fund shall be vested in the Gram Panchayat and the balance
to the credit of the Fund shall be kept in such custody as the State Government may,
from time to time, direct.
(5) In accordance with the powers and functions conferred on the Pradhan under the
Act and the rules made thereunder and subject to such general control as the Gram
Panchayat may exercise from time to time, all orders for payment from the Gram
Panchayat Fund shall be signed by the Pradhan, or in his absence, by the UpaPradhan
and in pursuance of such orders of payment, cheque or cheques shall be
signed jointly by Pradhan, or in his absence, by the Upa-Pradhan and by the
Executive Assistant of the Gram Panchayat:
Provided that the Executive Assistant shall be responsible for writing the cheques
for signature under the direction of the Pradhan subject to the resolution of the
Gram Panchayat:
Provided further that if the post of the Executive Assistant in a Gram Panchayat
falls temporarily vacant by reason of leave, transfer, resignation or otherwise, the
State Government may, by general or special order made in this behalf, empower
any employee of the Gram Panchayat to perform, subject to such conditions as
may be specified in the order, the functions of the Executive Assistant under this
section.
Explanation.—In this section,—
(a) absence of the Pradhan shall be deemed to occur when the office of the
Pradhan falls vacant or the Pradhan is temporarily unable to act within the
concept and meaning of sub-section (4) of section 9,
(b) “Executive Assistant” of a Gram Panchayat means an employee appointed as such
by a Gram Panchayat under section 36 in terms of such rules as the State Government
may make in this behalf and shall also include any other employee of the Gram
Panchayat empowered to perform the functions of the Executive Assistant
Section : 46
Imposition of tax by Gram Panchayat( Part II.- Gram Panchayat-Chapter VI –
Property and Fund-Section-46) Imposition of tax by Gram Panchayat( Part II.-
Gram Panchayat-Chapter VI – Property and Fund-Section-46)
(1) Subject to such rules as may be made in this behalf, a Gram Panchayat shall impose
yearly —
(a) on lands and buildings within the local limits of its jurisdiction, a tax —
(i) at the rate of 2
[one per centum] of the annual value of such lands and
buildings when the annual value does not exceed rupees one thousand, and
(ii) at the rate of 3
[two per centum] of the annual value of such lands and
buildings when the annual value exceeds rupees one thousand,
to be paid by the owners and occupiers thereof;
4
* * * * *
(2) The following lands and buildings shall be exempted from imposition of tax under
sub-section (1), namely: —
(a) lands and buildings, the annual value of which is not more than 5
[two hundred and
fifty rupees];
(b) lands and buildings belonging to a local authority and used or intended to be used
exclusively for a public purpose and not used or intended to be used for purposes of
profits;
(c) lands and buildings used exclusively for religious, educational or charitable
purposes.
(3) The State Government may, by notification, exempt either wholly or in part any
other class of properties or classes of properties specified in the notification from the
taxes or rates leviable under this section.
(4) Subject to such rules as may be made in this behalf a Gram Panchayat shall levy—
(a) on all transfers of immovable property situated within the local limits of the Gram, a
duty in the shape of an additional stamp duty at the rate of two per centum or, as the
case may be, the amount of the consideration for the sale, the value of the property in
the case of a gift, the amount secured by the mortgage, the value of the property of
the greater value in the case of exchange, or the value of the rent for the first ten years
in the case of a lease, as set forth in the instrument;
(b) a duty in the shape of an additional stamp duty at the rate of ten per centum on all
payments for admission to any entertainment.
(5) The State Government may make rules for regulating the collection of the duty on
transfers of immovable property and duty on entertainment referred to in sub-section
(5), the payment thereof to the Gram Panchayat and the deduction of any expenses
incurred by the State Government in the collection thereof.
Explanation— In this section,—
(a) “annual value”, in relation to any land or buildings, means an amount equal
to six per centum of the market value of such land or buildings at the time of
assessment estimated in the prescribed manner;
(b) “entertainment” includes any exhibition, cinematograph exhibition,
performance, amusement, games or sports to which persons are admitted for
payment;
Section : 47
Key Word Levy of rates and fees. ( Part II.- Gram Panchayat-Chapter VI –
Property and Fund-Section-47)
(1) Subject to such maximum rates as the State Government may prescribe, a Gram
Panchayat may levy the following 3
[fees, rates and tolls,] namely:—
(a) fees on the registration of vehicles;
(ii) fees on plaints and petitions and other processes in suits and cases instituted
before the Nyaya Panchayat concerned;
(iii) a fee for providing sanitary arrangements at such places of worship or
pilgrimage, fairs and melas within its jurisdiction as may be specified by the Stale
Government by notification;
(iv) a water rate, where arrangement for the supply of water for drinking,
irrigation or any other purpose is made by the Gram Panchayat within its
jurisdiction;
(v) a lighting rate, where arrangement for lighting of public streets and places is
made by the Gram Panchayat within its jurisdiction;
(vi) a conservancy rate, where arrangement for clearing private latrines, urinals
and cesspools is made by the Gram Panchayat within its jurisdiction;
(vii) fees on 3
fregistration] for running trade, wholesale or retail, within the
jurisdiction of the Gram Panchayat unless such -[registration] or such trade is
prohibited under any law for the time being in force;
(viii) tolls on persons, vehicles or animals or any class of them at any toll-bar
which is established by the Gram Panchayat on any road or bridge vested in, or
under the management of, the Gram Panchayat;
(ix) tolls in respect of any ferry established by, or under the management of, the
Gram Panchayat;
(x) fees on license on dogs and birds and other domestic pet animals;
(xi) a general sanitary rate where arrangement for the construction and
maintenance of public latrines is made by the Gram Panchayat within its
jurisdiction;
(xii) a drainage rate where arrangement for regular clearance of common drains is
made by the Gram Panchayat within its jurisdiction;
(xiii) fees for grazing cattle on grazing land vested in, or under the management
and control of, the Gram Panchayat;
(xiv) fees for use of burning ghat vested in, or under the management and control
of, the Gram Panchayat;
(xv) fees on registration for [shallow or deep tube-wells] fitted with motor-driven
pump sets and installed for irrigation for commercial purposes, subject to such
terms and conditions as may be prescribed. Explanation.—In this clause,
“commercial purpose” includes any purpose for which irrigation water is supplied
to the land of any person, other than the owner of the shallow tube-well, on
realisation of water rates, by whatever name called, from the owner of such land.
(xvi) fees on the village produces sold in the village market organized by the Gram
Panchayat to be determined by means of weight, measurement or by number or
any two or more of them;
(xvii) fees on erection, exhibition, fixing or retaining upon or over any land, building,
wall, hoarding, or structure, any advertisement for public display in any manner
whatsoever, in any place whether public or private excepting those exhibited by
the State Government in the public interest.
(2) The Gram Panchayat shall not undertake registration of a vehicle or levy fee
therefor and shall not provide sanitary arrangements at places of worship or
pilgrimage, fairs and melas within its jurisdiction or levy fee therefor if such vehicle
has already been registered by any other authority under any law for the time being in
force or if such provision for sanitary arrangement has already been made by any
other local authority.
(3) The scales of tolls, and the fees or rates and the terms and conditions of imposition
thereof, shall be such as may be provided by bye-laws.
(4) Such bye-laws may provide for exemption from all or any of the tolls, fees or rates
in any class of cases.
47A. A Gram Panchayat may borrow money from the Stale Government or 4
* * *
* from banks or other financial institutions for furtherance of its objective on the basis of
such specific schemes as may be drawn up by the Gram Panchayat for the purpose.
Section : 48
Key Word : Budget of Gram Panchayat. ( Part II.- Gram Panchayat-Chapter VI
– Property and Fund-Section-48) Budget of Gram Panchayat. ( Part II.- Gram
Panchayat-Chapter VI – Property and Fund-Section-48)
(1) Every Gram Panchayat shall, at such lime and in such manner as may be
prescribed, prepare in each year a budget or its estimated receipts and
disbursements for the following year 1
* * *.
(2)
(a) The budget prepared under sub-section (1) shall be written in vernacular of the
district or the locality concerned and copies of the budget shall be pasted in such
prominent places within the Gram Panchayat as may be prescribed, inviting
objections and suggestions by the members of the Gram Sabha.
(b) Copies of the budget shall be forwarded to the Panchayat Samiti having jurisdiction
over the Gram for its views, if any.
(c) The budget with objections, suggestions and views, if any, received from various
quarters shall, within such period as may be prescribed, be placed in the meeting of
the Gram Sabha for discussions proposing modification, if any, of the budget.
(d) The Gram Panchayat shall, within such time as may be prescribed and in a meeting
specially convened for the purpose and in the presence of at least half of the existing
members, consider the objections, suggestions, and views, if any, and the discussions
in the meeting of the Gram Sabha, and approve the budget with modifications, if any.
(e) A copy of the budget approved under clause (d) shall be forwarded to the Panchayat
Samiti having jurisdiction.
(3) No expenditure shall be incurred unless the budget is approved 3
[under clause (d)
of sub-section (2).]
Section : 49
Key Word : Supplementary Budget ( Part II.- Gram Panchayat-Chapter VI –
Property and Fund-Section-49) Supplementary Budget ( Part II.- Gram PanchayatChapter
VI – Property and Fund-Section-49)
(1) A Gram Panchayat may prepare in each year a supplementary estimate providing
for any modification of its budget and 4
[approve it in a meeting specially convened
for the purpose and in the presence of at least half of the existing members] within
such time and in such manner as may be prescribed.
(2) A copy of the supplementary estimate as approved under subsection (1) shall be
forwarded to the Panchayat Samiti having jurisdiction.
Section : 50
Key Word : Accounts ( Part II.- Gram Panchayat-Chapter VI – Property and
Fund-Section-50)
A Gram Panchayat shall keep such accounts and in such form as may be
prescribed.
Chapter VII
Nyaya Panchayat
Section : 51
Key Word : Constitution of Nyaya Panchayat. ( Part II.- Gram Panchayat-Chapter
VII – Nyaya Panchayat -Section – 51) Constitution of Nyaya Panchayat. ( Part II.-
Gram Panchayat-Chapter VII – Nyaya Panchayat -Section – 51)
(1) Every Gram Panchayat shall, if authorised by the State Government by notification
to do so, constitute a Nyaya Panchayat, consisting of five members, to be called
Vicharaks, elected by it at such lime and in such manner as may be prescribed from
amongst persons whose names are included in the electoral roll of the West Bengal
Legislative Assembly for the time being in force pertaining to the area comprised in
the Gram, other than a person who is a member of any Gram Panchayat, Panchayat
Samiti 1
[, Zilla Parishad, Mahakuma Paris-had or Council] or of any municipal
authority constituted under any of the Acts referred to in sub-section (2) of section I,
for the trial of—
(a) the offences specified in the Second Schedule or a case transferred to the Nyaya
Panchayat under sub-section (2) of section 52;
(b) all or any of the classes of civil suits specified in section 61:
Provided that no person shall be elected to be a member of Nyaya
Panchayat if he has any of the disqualifications mentioned in section 8.
(2) Every Nyaya Panchayat constituted under sub-section (1) shall be notified in the
Official Gazette, or in such other manner as may be prescribed, and shall come into
office with effect from the date specified in the said notification.
(3) Every Nyaya Panchayat shall elect at such time and in such manner as may be
prescribed one of its members to be called Pradhan Vicharak to preside over its
sittings and in the absence of the Pradhan Vicharak, the Vicharaks present at the
sitting of the Nyaya Panchayat shall elect one of them to be the Pradhan Vicharak for
the purpose of that sitting.
(4) The term of office of a member of a Nyaya Panchayat shall be ‘[five years] from the
date of the notification mentioned in subsection (2): Provided that the members of a
Nyaya Panchayat shall continue in office unlit the election of the members of the
Nyaya Panchayat by the newly constituted Gram Panchayat after a general election
and assumption of office by such members.
(5) No Nyaya Panchayat shall try any suit, case or other proceeding pending before it
unless al least three members of the Nyaya Panchayat are present during such trial.
(6) The Secretary to the Gram Panchayat shall act as the Secretary to the Nyaya
Panchayat for the purpose of keeping the records of its proceedings and decisions,
and doing such other duties as may be prescribed.
Section : 52
Criminal Jurisdiction ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat –
Section – 52)
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, a
Nyaya Panchayat constituted under section 51 shall have jurisdiction, within the local
limits of the Gram Panchayat constituting such Nyaya Panchayat, to try all offences
specified in the Second Schedule, Part A; and, with effect from the dale specified in
the notification referred to in sub-section (2) of section 51, no other court shall,
except as otherwise provided in this Act, take cognizance of any case triable by a
Nyaya Panchayat: Provided that nothing in this Act shall take away the jurisdiction
of any court to try a case which a Nyaya Panchayat is prohibited by section 78 from
trying or which should be, in the opinion of the Nyaya Panchayat or of the Sessions
Judge or the Sub-divisional Judicial Magistrate exercising the power conferred by
sub-section (/) of section 79, tried in an ordinary court.
(2) A Nyaya Panchayat may try any offence specified in the Second Schedule, Part B, if
the case is transferred to it by a Sessions Judge, a Sub-divisional Judicial Magistrate
or any other Judicial Magistrate empowered to receive petitions under section 190 of
the Code of Criminal Procedure, 1898: Provided that—
(a) a Judicial Magistrate before whom a complaint of an offence mentioned in the
Second Schedule, Part A cognizable by a Nyaya Panchayat is made, shall transfer
the complaint to the Nyaya Panchayat which is competent to try the offence;
(b) the Sessions Judge or Sub-divisional Judicial Magistrate may transfer any case
from one Nyaya Panchayat \Q another or to any other court subordinate to him if
in the interest of justice he considers it necessary to do so;
(c) the Sessions Judge or Sub-divisional Judicial Magistrate may, with the consent
of the parties, transfer any case cognizable by a Nyaya Panchayat, if the place of
residence of the complainant is situated within the limits of a Gram Panchayat for
which there is no Nyaya Panchayat, to any Nyaya Panchayat situated at a
distance from such place of residence convenient, in the opinion of the Sessions
Judge or the Sub-divisional Judicial Magistrate, as the case may be, for the parties
and witnesses.
(3) Every offence triable by a Nyaya Panchayat shall ordinarily be tried by the Nyaya
Panchayat within the local limits of whose jurisdiction it was committed.
(4) The offence of theft triable by a Nyaya Panchayat or any offence which includes
theft or the possession of stolen property, triable by a Nyaya Panchayat, may be tried
by the Nyaya Panchayat within the local limits of whose jurisdiction such offence
was committed or the property stolen was possessed by the thief or by any person
who received or retained the same knowing or having reason to believe it to be stolen.
(5) An offence triable by a Nyaya Panchayat, committed whilst the offender is in the
course of performing a journey, may be tried by the Nyaya Panchayat through or into
the local limits of whose jurisdiction the offender, or the person against whom, or the
thing in respect of which, the offence was committed, passed in the course of that
journey.
(6) When it is uncertain in which of several areas an offence was committed, or where
an offence is committed partly in one local area and partly in another, or where an
offence is a continuing one and continues to be committed in more local areas than
one, or where it consists of several acts done in different local areas, it may be tried
by a Nyaya Panchayat having jurisdiction over any such local areas.
(7) Whenever a question arises as to which of two or more Nyaya Panchayats
subordinate to the same Sub-divisional Judicial Magistrate ought to try any offence, it
shall be decided by the Sub-divisional Judicial Magistrate.
(8) Whenever a question arises as to which of two or more Nyaya Panchayats not
subordinate to the same Sub-divisional Judicial Magistrate, but subordinate to the
same Sessions Judge, ought to try any offence, it shall be decided by the Sessions
Judge.
(9) Where two or more Nyaya Panchayats not subordinate to the same Sessions Judge
have taken cognizance of the same offence, the Sessions Judge within the local limits
of whose jurisdiction the proceedings were first commenced may direct the trial of
such offender to be held in any Nyaya Panchayat subordinate to him and if he so
decides all other proceedings against such person in respect of such offence shall be
discontinued.
Section : 53
How case may be instituted. ( Part II.- Gram Panchayat-Chapter VII – Nyaya
Panchayat-Section – 53)
A case before Nyaya Panchayat may be instituted by petition more orally or in writing to
the Secretary of the Gram Panchayat or in his absence to a member of the Nyaya
Panchayat. If the petition is made orally, the Secretary or the member, as the case may be,
shall draw up a statement recording the name of the petitioner, the name of the person
against whom the petition is made, the nature of the offence and such other particulars, if
any, as may be prescribed, and the signature or the thumb impression of the petitioner
shall be taken thereon. The Secretary or the member, as the case may be, shall, thereafter,
direct the petitioner to appear before the Nyaya Panchayat on a particular date.
Section : 54
Power to dissmiss or refuse to entertain petition. ( Part II.- Gram PanchayatChapter
VII – Nyaya Panchayat -Section – 54)
(1) If upon the face of the petition, or on examining the petitioner, the Nyaya Panchayat
\s of opinion that the petition is frivolous, vexatious or untrue, it shall dismiss the case
by an order in writing.
(2) If at any time it appears to the Nyaya Panchayat—
(a) that it has no jurisdiction to try the case; or
(b) that the offence is one for which the sentence which it is competent to pass
would be inadequate; or
(c) that the case is one which should not be tried by it, it shall direct the
petitioner by an order in writing to the court which would have had
jurisdiction to try the offence but for the provisions of this Act.
Section : 55
Dismissal for default. ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat –
Section – 55) Dismissal for default. ( Part II.- Gram Panchayat-Chapter VII – Nyaya
Panchayat -Section – 55)
If in any case before a Nyaya Panchayat the petitioner fails, to appear on the day fixed, or
if in the opinion of the Nyaya Panchayat, he shows negligence in prosecuting his case,
the Nyaya Panchayat may dismiss the case for default, and such order of dismissal shall
operate as an acquittal.
Section : 56
Key Word : Proceeding preliminary to trial. ( Part II.- Gram Panchayat-Chapter
VII – Nyaya Panchayat-Section – 56)
(1) If the petition be not dismissed, the Nyaya Panchayat shall, subject to the provisions
of section 83, by summons require the accused to appear and answer the petition.
(2) If the accused fails to appear or cannot be found, the Nyaya Panchayat shall report
the fact to the nearest Sub-divisional Judicial Magistrate, who would have had
jurisdiction to try the offence but for the provisions of this Act, who may issue a
warrant for the arrest of the accused and when arrested may forward him for trial to
the Nyaya Panchayat or release him on bail to appear before it.
(3) The Nyaya Panchayat shall, if possible, try the case on the day on which the accused
appears or is brought before it, but if that is not possible, the Nyaya Panchayat shall
release him on his executing a bond for a sum not exceeding twenty-five rupees to
appear before it on any subsequent day or days to which the trial may be adjourned:
Provided that if the accused fails or refuses to execute a bond, the Nyaya Panchayat
shall, instead of releasing him, send him back under custody to the Sub-divisional
Judicial Magistrate by whom such accused was arrested and thereupon such Subdivisional
Judicial Magistrate shall, notwithstanding anything contained in subsection
(7) of section 52, take cognizance of the complaint made before the Nyaya
Panchayat and shall try such accused person in the same manner and under the same
procedure as if the complaint were made before him.
Section : 57
Key Word : Compounding of offences. ( Part II.- Gram Panchayat-Chapter VII –
Nyaya Panchayat -Section – 57) Compounding of offences. ( Part II.- Gram
Panchayat-Chapter VII – Nyaya Panchayat -Section – 57)
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, the Nyaya
Panchayat may allow the parties to compound any offence triable by it.
Section 58 Bar to appeal
Bar to appeal. ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat -Section
– 58)Bar to appeal. ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat –
Section – 58)
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, there
shall be no appeal by a convicted person in any case tried by a Nyaya Panchayat:
Provided that the Sessions Judge or Sub-divisional Judicial Magistrate within the
local limits of whose jurisdiction the Nyaya Panchayat is situate, if satisfied that
failure of justice has occurred, may, of his own motion, or on the application of any
of the parties, concerned, made within thirty days from the date of the order of the
Nyaya Panchayat, cancel or modify any order of conviction or of compensation made
by a Nyaya Panchayat or direct the retrial of any case by a court of competent
jurisdiction subordinate to him, notwithstanding anything contained in sub-section (1)
of section 52.
Section 59: Power to impose fine or to award compensation
Power to impose fine or to award compensation. ( Part II.- Gram PanchayatChapter
VII – Nyaya Panchayat -Section – 59)
(1) A Nyaya Panchayat shall, after hearing the parties and after considering the
evidence adduced by the parties, record its decision in writing, and may sentence any
offender convicted by it to pay a fine not exceeding fifty rupees: Provided that if the
members of the Nyaya Panchayat present during the trial of a case fail to come to a
unanimous decision, the decision of the majority of such members shall be the decision
of the Nyaya Panchayat: Provided further that in the case of equality of votes of the
members of a Nyaya Panchayat present during the trial of a case, the Pradhan Vicharak,
or the person who is elected as Pradhan Vicharak for that sitting, shall have a second or
casting vote and the decision of the Nyaya Panchayat shall be in accordance with such
second or casting vote.
(2) No sentence of imprisonment, simple or regorous, whether substantive or in
default of payment of fine shall be awarded by any Nyaya Panchayat.
(3) When a Nyaya Panchayat imposes a fine under sub-section (/), it may, when
passing the order, direct that the whole or any part of the fine recovered shall be
applied in payment of compensation for any loss or injury caused by the offence.
(4) If a Nyaya Panchayat is satisfied that a complaint made before it or transferred
to it for trial is false, vexatious or frivolous, it may order the complainant to pay to
the accused, such compensation not exceeding twenty-five rupees, as it thinks fit.
(5) If such fine or compensation is not paid or realised within thirty days of the
passing of the sentence or order or within such further time as the Nyaya
Panchayat may allow, the Nyaya Panchayat shall record an order declaring the
amount of fine imposed or compensation awarded and that it has not been paid,
and shall forward the same to the nearest Sub-divisional Judicial Magistrate, who
would have had jurisdiction to try the case but for the provisions of this Act, and
the Sub-divisional Judicial Magistrate shall—
(a) proceed to execute the order as if it were an order passed by himself, or
(b) in default of payment, sentence the accused to imprisonment in accordance with
Chapter III of the Indian Penal Code, notwithstanding anything contained in subsection
(2) of this section:
Provided that, notwithstanding anything contained in the Indian Penal Code—
(a) the fine imposed or compensation awarded by a Nyaya Panchayat shall not be
realised from any person who has served his term of imprisonment;
(b) the person serving his term of imprisonment shall be forthwith released, if the fine or
compensation is paid before the expiry of the term of imprisonment.
Section 60: Release after admonition or on probation of good contuduct
Release after admonition or on probation of good contuduct. ( Part II.- Gram
Panchayat-Chapter VII – Nyaya Panchayat -Section – 60)
When any person is convicted by a Nyaya Panchayat and no previous conviction is
proved against him, if it appears to the said Nyaya Panchayat that regard being had to the
age, character and antecedents of the offender and to the circumstances in which the
offence was committed, it is expedient —
(a) that the offender should be released after due admonition the Nyaya Panchayat
may, instead of sentencing him to any punishment, release him after due
admonition; or
(b) that the offender should be released on probation of good conduct, the Nyaya
Panchayat may, notwithstanding anything contained in the Code of Criminal
Procedure, 1898, instead of” sentencing him at once to any punishment, direct
that he be released on his executing a bond for a sum not exceeding fifty rupees
to appear and receive sentence when called upon during such period (not
exceeding one year) as it may direct, and in the meantime to keep the peace and
be of good behaviour.
Section : 61
Civil Jurisdiction. ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat –
Section – 61)
(1) Notwithstanding anything contained in the Bengal, Agra and Assam Civil Courts
Act, 1887, the Provincial Small Cause Courts Act, 1887 and the Code of Civil
Procedure, 1908, and subject to the provisions of sections 62 and 63, a Nyaya
Panchayat shall have, within the local limits of the Gram Panchayat constituting
such Nyaya Panchayat, jurisdiction to try the following classes of suits when the
value of the suit does not exceed two hundred and fifty rupees, namely:—
(a) suits for money due on contracts;
(b) suits for the recovery of movable property or the value of such property;
(c) suits for compensation for wrongfully taking or damaging movable property; and
(d) suits for damages by cattle-trespass.
(2) No other court shall have jurisdiction to try any suit of the classes mentioned in subsection
(1):
Provided that nothing in this Act shall lake away the jurisdiction of any court to try a suit
which a Nyaya Panchayat is prohibited by section 78 from trying or which should be, in
the opinion of the Nyaya Panchayat or of the District Judge exercising the power
conferred by sub-section (2) of section 79, tried by an ordinary court.
Section : 62
Suites not be tried. ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat –
Section – 62)
No suit shall lie in any Nyaya Panchayat—
(a) on a balance of partnership account;
(b) for a share or part of a share under an intestacy, or for a legacy or part of legacy
under a Will;
(c) by or against the Union of India or a State Government or a local authority or public
officers for acts done in their official capacity;
(d) by or against minors or persons of unsound mind or when any such person is in the
opinion of the Nyaya Panchayat a necessary party;
(e) for the assessment, enhancement, reduction, abatement, apportionment or recovery
of rent of immovable property; or
(f) by a mortgagee of immovable properly for the enforcement of the mortgage by
foreclosure or sale of the property or otherwise, or by a mortgagor of immovable
properly for the redemption of the mortgage.
Section : 63
Suites to imporve whole claim. ( Part II.- Gram Panchayat-Chapter VII – Nyaya
Panchayat -Section – 63)
(1) Every suit instituted before a Nyaya Panchayat shall include the whole of the claim
which the plaintiff is entitled to make in respect of the matter in dispute, but he may
relinquish any portion of his claim in order to bring the suit within the jurisdiction of the
Nyaya Panchayat.
(2) If the plaintiff omits to sue in respect of or relinquishes any portion of his claim, he
shall not afterwards sue in respect of the portion so omitted or relinquished.
Section : 64
Local limit of jurisdiction. ( Part II.- Gram Panchayat-Chapter VII – Nyaya
Panchayat -Section – 64) Local limit of jurisdiction. ( Part II.- Gram PanchayatChapter
VII – Nyaya Panchayat -Section – 64)
No suit shall lie in a Nyaya Panchayat unless at least one of the defendants
resides within the limits of its jurisdiction at the time of the institution of the suit,
or the cause of action has arisen wholly or in part within those limits.
Section : 65
How suites may be instituted . ( Part II.- Gram Panchayat-Chapter VII – Nyaya
Panchayat-Section – 65)
(1) A suit before a Nyaya Panchayat may be instituted by petition made orally or in
writing to the Secretary of the Gram Panchayat or in his absence to a member of the
Nyaya Panchayat. If the petition is made orally the Secretary or the member, as the
case may be, shall draw, up a statement recording the name of the petitioner, the
name of the person, against whom the petition is made, the nature of the claim and
such other particulars, if any, as may be prescribed and the signature or the thumb
impression of the petitioner shall be taken thereon. The Secretary or the member, as
the case may be, shall thereafter direct the petitioner to appear before the Nyaya
Panchayat on a particular date.
(2) The plaintiff on instituting his suit shall state the value of the claim.
Section : 66
Dismissal of suites barried by limition,etc. ( Part II.- Gram Panchayat-Chapter VII
– Nyaya Panchayat -Section – 66) Dismissal of suites barried by limition,etc. ( Part
II.- Gram Panchayat-Chapter VII – Nyaya Panchayat -Section – 66)
(1) If at any time the Nyaya Panchayat is of opinion that the suit is barred by limitation
it shall dismiss the suit by an order in writing.
(2) If at any time it appears to the Nyaya Panchayat that it has no jurisdiction to
entertain the suit, it shall direct the petitioner to the Court having jurisdiction to try
such suit.
(3) Where it is proved to the satisfaction of the Nyaya Panchayat that a suit has been
adjusted wholly or in part by any lawful agreement or compromise or where the
defendant satisfies the plaintiff in respect of the whole or any part of the subject
matter of the suit, the Nyaya Panchayat shall pass a decree in accordance therewith so
far as it relates to the suit:
Provided that where the Nyaya Panchayat refuses to pass a decree in accordance
with the agreement or compromise, it shall record its reasons in writing for so
doing.
Section : 67
Key Word : Dismissal of suties for default. ( Part II.- Gram Panchayat-Chapter
VII – Nyaya Panchayat -Section – 67) Dismissal of suties for default. ( Part II.-
Gram Panchayat-Chapter VII – Nyaya Panchayat -Section – 67)
If in any suit before a Nyaya Panchayat the plaintiff fails to default appear on the day
fixed, or if in the opinion of the Nyaya Panchayat, he shows negligence in prosecuting
his suit, it may dismiss the suit for default:
Provided that a Nyaya Panchayat may restore a suit dismissed for default, if within thirty
days from the date of such dismissal the plaintiff satisfies the Nyaya Panchayat that he
was prevented by sufficient cause from appearing at the time when the suit was called on
for hearing.
Section : 68
Summons to defendant to appear. ( Part II.- Gram Panchayat-Chapter VII – Nyaya
Panchayat -Section – 68)
If on receiving the plaint the Nyaya Panchayat is satisfied that the trial of the suit may
be proceeded with it shall, by summons, require the defendant to appear and answer
the suit either orally or in writing.

Section : 69
Ex parte decision. ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat –
Section – 69)
If the defendant fails to appear and the Nyaya Panchayat is satisfied that the
summons was duly served it may decide the suit ex parte:
Provided that any defendant against whom a suit has been decided ex parte may,
within thirty days from the date of executing any process for enforcement of the
decision, apply, orally or in writing, to the Nyaya Panchayat to set aside the order;
and the Nyaya Panchayat, if satisfied that the summons was not duly served on
the defendant, or that the defendant was prevented from appearing at the time
when the suit was called on for hearing by any sufficient cause, shall set aside the
decision and shall appoint a day for proceeding with the suit.
Section : 70
No order to be set aside without notice to opposite party. ( Part II.- Gram
Panchayat-Chapter VII – Nyaya Panchayat -Section – 70)
No decision or order of a Nyaya Panchayat shall be set aside under the proviso to
section 67 or under the proviso to section 69 unless notice in writing has been served
by the Nyaya Panchayat on the opposite party.
Section : 71
Power to determine. ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat –
Section – 71)
(1) Subject to the provisions of clauses (c) and (d) of section 62, the Nyaya Panchayat
shall add as parties to a suit any person whose presence as parties it considers necessary
for a proper decision thereof, and shall enter the names of such parties in the register of
suits, and the suit shall be tried as between the parties whose names are entered in the
said register:
Provided that when any party is added, notice shall be given to him and he shall
be given an opportunity to appear before the trial of the suit is proceeded with.
(2) In all cases where a new party appears under the proviso to subsection (I) during the
trial of a suit, he may require that the trial shall begin de novo,
Section : 72
Decesion of suites. ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat –
Section – 72)
(1) When the parties or their agents have been heard and the Decision of evidence on
both sides considered, the Nyaya Panchayat shall, by written order, pass such decree
as may seem just, equitable and according to good conscience, stating in the decree
the amounts of prescribed fees and the amount, if any, paid to witnesses under subsection
(3) of section 82 and the persons by whom such amounts are payable:
Provided that if the members of the Nyaya Panchayat present during the trial of a
suit fail to come to a unanimous decision, the decision of the majority of such
members shall be the decision of the Nyaya Panchayat:
Provided further that in the case of equality of votes of the members of a Nyaya
Panchayat present during the trial of a suit, the Pradhan Vicharak, or the person
who is elected as Pradhan Vicharak for that sitting, shall have a second or casting
vote and the decision of the Nyaya Panchayat shall be in accordance with such
second or casting vote.
(2) Subject to such conditions and limitations as may be prescribed, and to the
provisions of any law for the time being in force, the costs of an incidental to all suits
shall be in the discretion of the Nyaya Panchayat and the Nyaya Panchayat shall have
full power to determine by whom and to what extent such costs are to be paid, and to
give all necessary directions for the purposes aforesaid:
Provided that where the Nyaya Panchayat directs that the successful party shall
not get the costs of the suit, it shall state its reasons in writing.
(3) If a Nyaya Panchayat is satisfied that a suit instituted before it is false, vexatious or
frivolous, it may direct the plaintiff, by an order in writing, to pay to the defendant
such compensation, not exceeding twenty-five rupees, as it may think fit.
Section : 73
Key Word : Instalments. ( Part II.- Gram Panchayat-Chapter VII – Nyaya
Panchayat -Section – 73)
A Nyaya Panchayat in ordering the payment of a sum of money or the delivery of any
movable property may direct that the money be paid, or the movable property be
delivered, by installments.
Section : 74
Decision to be but power to Munsif to order retrial. ( Part II.- Gram PanchayatChapter
VII – Nyaya Panchayat -Section – 74)
The decision of a Nyaya Panchayat in every suit shall be final as between the parties
to the suit: Provided that the Munsif who would have had jurisdiction to try the suit
but for the provisions of this Act, may, on the application of any party to the suit
made within thirty days of the decree or order of the Nyaya Panchayat, cancel or
modify the decree or order of the Nyaya Panchayat or direct a retrial of the suit by the
same or any other Nyaya Panchayat if he is satisfied that there has been a failure of
justice.
Section : 75
Death of parties. ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat –
Section – 75)
If the plaintiff or defendant in any suit dies before the suit has been decide, the
suit may, subject to the provisions of clause (d) of section 62, be proceeded with
at the instance of, or against the legal representatives of, the deceased plaintiff or
defendant, as the case may be.
Section : 76
Effect of dicision on question of title,etc. ( Part II.- Gram Panchayat-Chapter VII –
Nyaya Panchayat -Section – 76)
The decision of a Nyaya Panchayat on the question of title, legal character, contract or
obligation shall not bind the parties except in respect of the suit in which such matter is
decided.
Section : 77
Procedure for Nyaya Pnachyat. ( Part II.- Gram Panchayat-Chapter VII – Nyaya
Panchayat -Section – 77)
(1) The provisions of—
(a) the West Bengal Court-fees Act, 1970,
(b) the Code of Criminal Procedure, 1898,
(c) the Code of Civil Procedure, 1908, and
(d) the Indian Evidence Act, 1872, shall not apply to any trial before a Nyaya Panchayat.
(2) The procedure to be followed by a Nyaya Panchayat in any trial, in the enforcement
of its decisions and orders, and in the method of forming a quorum shall, subject to
the provisions of this Act, be in accordance with prescribed rules.
Section : 78
Bar to trial of case of suit in which a Panchayat or its member is interested. ( Part
II.- Gram Panchayat-Chapter VII – Nyaya Panchayat -Section – 78)
No Nyaya Panchayat shall try any case or suit or other proceeding in which the Gram
Panchayat concerned or any member of such Nyaya Panchayat is a party or is interested.
Section : 79
Withdrawl or transfer of case or suit. ( Part II.- Gram Panchayat-Chapter VII –
Nyaya Panchayat -Section – 79)
(1) The Sessions Judge or the Sub-divisional Judicial Magistrate within the local limits
of whose jurisdiction the Nyaya Panchayat is situate, may, of his own motion or on the
application of any of the parties to a case or on the motion of the Nyaya Panchayat
concerned, withdraw the case pending before a Nyaya Panchayat if, for reasons to be
recorded by him in writing, he is of opinion-that the case is one which should not be tried
or heard by the Nyaya Panchayat, and may try or hear the case himself or transfer it for
disposal to another Judicial Magistrate who would have had jurisdiction to try the case
but for the provisions of this Act.
(2) The District Judge, within the local limits of whose jurisdiction a Nyaya
Panchayat is situate, may, of his own motion or on the application of any of the
parties to a suit or on the motion of the Nyaya Panchayat concerned, withdraw the
suit pending before a Nyaya Panchayat if, for reasons to be recorded by him in
writing, he is of opinion that the suit is one which should not be tried or heard by
the Nyaya Panchayat, and may try or hear the suit himself or transfer it for
disposal to the court of the Munsif who would have had jurisdiction to try the suit
but for the provisions of this Act.
(3) If at any stage of a case or a suit any party to such case or suit informs the Nyaya
Panchayat that he has applied or that he intends to apply for the withdrawal or
transfer of the case or suit under sub-section (I) or sub-section (2), as the case may
be, the Nyaya Panchayat shall stay further proceedings in the case or suit until
such time as it thinks fit.
Section : 80
Key Word : Certain suits and case not to be tried. ( Part II.- Gram PanchayatChapter
VII – Nyaya Panchayat -Section – 80) Certain suits and case not to be tried.
( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat -Section – 80)
(1) No Nyaya Panchayat shall try any suit in which the matter suits directly and
substantially in dispute has been heard and finally decided by a court of competent
jurisdiction in a former suit between the same panics, or between parties under whom
they or any of them claim.
(2) No Nyaya Panchayat shall proceed with the trial of any suit in which the matter
directly and substantially in dispute is pending for decision in the same Nyaya
Panchayat or in any other court in a previously instituted suit between the same
parties or between parties under whom they or any of them claim.
(3) No Nyaya Panchayat shall try a person who has once been tried by a court or a
Nyaya Panchayat of competent jurisdiction for an offence and convicted or acquitted
of such offence, while such conviction or acquittal remains in force.
Section : 81
Key Word : Inspection. ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat
– 81) Inspection. ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat – 81)
(1) The Sessions Judge and the Sub-divisional Judicial Magistrate within the local limits
of whose jurisdiction the Nyaya Panchayat is situate, shall have the power at all times
to inspect the proceedings of any criminal case and the records of criminal cases
maintained by a Nyaya Panchayat.
(2) The District Judge and the Munsif within the local limits of whose jurisdiction the
Nyaya Panchayat is situate, shall have the power at all times to inspect the
proceedings of any suit and the records of suits maintained by a Nyaya Panchayat,
Section : 82
Key Word : Attendence of witnesses. ( Part II.- Gram Panchayat-Chapter VII –
Nyaya Panchayat -Section – 82)
(1) Subject to the provisions of section 85, a Nyaya Panchayat may, by summons, send
for any person to appear and give evidence or to produce or cause the production of any
document:
Provided that no person who is exempt from personal appearance in court under
sub-section (1) of section 133 of the Code of Civil Procedure, 1908, shall be
required to appear in person before a Nyaya Panchayat.
(2) A Nyaya Panchayat shall refuse to summon a witness or to enforce a summons
already issued against a witness, where, in the opinion of the Nyaya Panchayat, the
attendance of the witness cannot be procured without an amount of delay, expense or
inconvenience which, under the circumstances of the case, would be unreasonable.
(3) A Nyaya Panchayat shall not require any person living outside the limits of the
Gram Panchayat concerned to give evidence, unless such sum of money as may
appear to the Nyaya Panchayat to be sufficient to defray the travelling and other
expenses of such person and for one day’s attendance is deposited in the Nyaya
Panchayat by the party who cites such person as his witness.
(4) If any person whom a Nyaya Panchayat summons by written order to appear or give
evidence, or to produce any document before it fails, without lawful excuse, to obey
such summons and thereby commits an offence, the Nyaya Panchayat may take
cognizance of such offence and may sentence the person convicted of such offence to
a fine not exceeding twenty-five rupees.
Section : 83
Key Word :Appearance of parties. ( Part II.- Gram Panchayat-Chapter VII – Nyaya
Panchayat -Section – 83)
(1) The parties to cases triable by a Nyaya Panchayat shall appear personally before the
Nyaya Panchayat: Provided that the Nyaya Panchayat, if it thinks fit so to do, may
dispense with the personal attendance of an accused and permit him to appear by
agent.
(2) The parties to suits triable by a Nyaya Panchayat may appear by agent.
Explanation—”agent” in sub-sections (1) and (2), means a person who is authorised
in writing to appear and plead for either party.
(3) Notwithstanding anything contained in sub-section (1) or subsection (2), no person
whose name is included in a list of touts framed and published by Sub-divisional
Magistrate under section 80A of the Registration Act, 1908, shall be permitted to
appear as an agent of a party before a Nyaya Panchayat.
Section : 84
Legal practitioners not to practice. ( Part II.- Gram Panchayat-Chapter VII –
Nyaya Panchayat -Section – 84)
Notwithstanding anything contained in the Legal Practitioners Legal Act, 1879, legal
practitioners shall not be permitted to practice before a Nyaya Panchayat.
Section : 85
Appreance of women. ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat –
Section – 85)
No woman shall be compelled to appear in person before a Nyaya Panchayat as an
accused or as a witness.
Section : 86
Power to issue commission. ( Part II.- Gram Panchayat-Chapter VII – Nyaya
Panchayat -Section – 86)
Subject to such rules as may be prescribed, a Nyaya Panchayat may issue a Commission
to examine any person in accordance with such procedure as may be prescribed.
Section : 87
Trial of suit triable by more than one Nyaya Panchayat. ( Part II.- Gram
Panchayat-Chapter VII – Nyaya Panchayat -Section – 87)
Where a suit is maintainable in more than one Nyaya Panchayat, the plaintiff may bring
the suit in any one of such Nyaya Panchayats and any dispute regarding the jurisdiction
of a Nyaya Panchayat to entertain any suit shall be decided by the Munsif who would
have had jurisdiction to try the same but for the provisions of this Act, and the decision of
the Munsif thereon shall be final.

Section : 88
Realisation of fees and execution of decrees. ( Part II.- Gram Panchayat-Chapter
VII – Nyaya Panchayat -Section – 88)
(1) All fees imposed and all sums decreed under this Act by a Nyaya Panchayat may
be realised under the orders of the Nyaya Panchayat in the same manner as an
arrear of rate or tax imposed under this Act and any amount realised in pursuance
of such an order shall be paid to the persons entitled to get the same.
(2) If the Nyaya Panchayat granting a decree is unable to effect satisfaction thereof,
it shall grant the decree-holder a certificate to that effect stating the amount due to
him and the amount due as costs of the suit.
(3) The decree-holder to whom the certificate referred to in subsection (2) is granted,
may make an application, on production of such certificate, to the court of the
Munsif within the local limits of whose jurisdiction the defendant actually and
voluntarily resides or carries on business or personally works for gain, for
execution of the decree granted by the Nyaya Panchayat.
(4) The court of the Munsif, to which the application referred to in sub-section (jf) is
made, shall execute the decree granted by the Nyaya Panchayat and in executing
such decree it shall have the same powers and it shall follow the same procedure
as if it were executing a decree passed by itself.
(5) An application for execution of a decree of a Nyaya Panchayat made after the
expiry of three years from the date of the decree or of any order under the proviso
the section 74 modifying any such decree, shall be dismissed, although limitation
has not been pleaded:
Provided that where the decree is for payment of a sum of money or delivery
of any movable property which the decree directs to be made at a certain date,
the application for execution of the decree may be made within three years
from that date.
Section : 89
Registers and records. ( Part II.- Gram Panchayat-Chapter VII – Nyaya Panchayat
-Section – 89) Registers and records. ( Part II.- Gram Panchayat-Chapter VII –
Nyaya Panchayat -Section – 89)
Every Nyaya Panchayat shall maintain such registers and records and submit such
returns as may be prescribed.
Section : 90
Resignation by member of Nyaya Panchayat and filling of casual vacancy. ( Part
II.- Gram Panchayat-Chapter VII – Nyaya Panchayat -Section – 90)
(1) A member of a Nyaya Panchayat may resign during his term of office by notifying
in writing his intention to do so to the prescribed authority and, on such resignation being
accepted by the prescribed authority, shall be deemed to have vacated his office.
(2) When the office of a member of a Nyaya Panchayat becomes vacant by resignation
or otherwise a new member shall, in the same manner as laid down in section 51, be
elected by the Gram Panchayat, who shall hold office so long as the member whose
office he fills would have been entitled to hold office if such vacancy had not occurred:
Provided that no act of the Nyaya Panchayat shall be deemed to be invalid by reason only
that the number of members of the Nyaya Panchayat at the time of the performance of
such act was less than the prescribed number.
Section : 91
Removal of member of Nyaya Panchayat. ( Part II.- Gram Panchayat-Chapter VII –
Nyaya Panchayat -Section – 91)
(1) The State Government may, by an order in writing, at any time, for good and
sufficient reason to be stated in such order, remove a member of a Nyaya Panchayat.
(2) Before removing a member under sub-section (1), the State Government shall allow
the member concerned an opportunity of being heard in accordance with such rules as
may be prescribed.
Section : 92
Reference to Sessions Judge,etc. ( Part II.- Gram Panchayat-Chapter VII – Nyaya
Panchayat -Section – 92)
Any reference in this Chapter to the Sessions Judge, the Sub-divisional Judicial
Magistrate and the Judicial Magistrate shall, in the district where the West Bengal
Separation of Judicial and Executive Functions Act, 1970, is not in force, be construed as
a reference to the District Magistrate, Sub-divisional Magistrate and Magistrate,
respectively.
Part III.-Panchayat Samiti
Chapter VIII – Constitution of Panchayat Samiti
Section : 93
Block. ( Part III.-Panchayat Samiti-Chapter VIII – Constitution of Panchayat
Samiti-Section – 93)
(1) The State Government may, by notification, divide a district into Blocks each
comprising such contiguous Gram 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 Samities concerned, 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.
Section : 94
Panchayat Samati and its constitution. (Part III.-Panchayat Samiti -Chapter VIII –
Constitution of Panchayat Samiti -Section – 94)
(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
1
[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 2
[by
the prescribed authority] for the purpose into as many constituencies as the
number of the persons to be elected, and the election being held by secret
ballot at such lime and in such manner as may be prescribed, 3
[from
amongst the persons, whose names are included in the electoral roll
4Cpertaining 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 dale 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:]
5
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 that Panchayat Samiti area or of the Scheduled Tribes
in that Panchayat Samiti area, as the case may be, bears to the total
population of that 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:
1
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:2* * * *, when the number of members to be
elected to a Panchayat Samiti is determined, or when seals 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:
3
Provided also that such division into constituencies shall be made in such
manner that the ratio between the population of a Block and the number of
constituencies in the Panchayat Samiti shall, so far as practicable, be the
same in any Panchayat Samiti:
1
Provided also that the Stale Election Commissioner may, at any time, for
reasons to be recorded in writing 2
[, 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
that Panchayat Samiti and, on such order being issued by the State
Election Commissioner, the determination of the number of members 3
[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 4
[the next] three successive general
elections:
1
Provided also that provisions for reservation of seats for the Scheduled
Castes and the Scheduled Tribes shall cease to have effect on the
expiration of the period specified in article 334 of the Constitution of India;
5
(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 6
[Ministers;]
(b) embers of the Council of States, not being Ministers, 7
[(registered as electors within
the area of the Block;) and]
(c) 8members 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.
Section : 95
Effect of the alteration of of area of a block. (Part III.-Panchayat Samiti -Chapter
VIII – Constitution of Panchayat Samiti -Section – 95)
(1) When any Gram is excluded from a Block under clause (a) of sub section (3) of
section 93, such Grant shall, as from the date of the notification referred to in that subsection,
cease to be subject to the jurisdiction 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 subsection (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) 2When the area of any Block is divided under clause (c) of subsection (3) of section
93 so as to constitute two or more Blocks, there shall be reconstitution of the
Panchayat Samities 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 Samities,
cease to exist.
(4) 3When 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 Samities of 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 Samities affected by such re-organisation shall vest in such
Panchayat Samiti or Samities, 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 re-organisation.
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 Samities when the terms of office of the members of
the former Panchayat Samities within the scope and meanings of subsection (/) 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 Samiti that comprises the constituencies, wholly or in
part, from which such members were elected to the former Panchayat Samities and
any such member shall hold office in the newly constituted Panchayat Samiti for the
unexpired portion of the term of his office.
2
95A. 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 lime 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.
Section : 96
Office of the members of Panchayat Samiti. (Part III.-Panchayat Samiti -Chapter
VIII – Constitution of Panchayat Samiti -Section – 96)
(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 that 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 (/), 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.
2
96A. [(General election to Panchayat Samities.)—Omitted by s. 24 of the West Bengal
Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).]
Section : 97
Disqualifications of member of the Panchayat Samiti. (Part III.-Panchayat Samiti –
Chapter VIII – Constitution of Panchayat Samiti -Section – 97)
Subject to the provisions contained in sections 140 and 142, a person shall not be
qualified to be a member of a Panchayat Samiti, if—
(a) he is a member 3
* * * * 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 2
[a Zilla Parishad or the Mahakuma 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
Corporation or any public or Government company or any local authority or any cooperative
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 contract with, by or on behalf of, the
Panchayat Samiti, or a Gram Panchayat within the Block concerned 3
[, 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 reasons 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 such Gram
Panchayat 4
[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
moral 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) 1
(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) 2
he has not attained the age of twenty-one years on the date fixed for the scrutiny of
nominations for any elections; or
(j) 2
he has been convicted under section 189 at any lime during the last ten years; or
(k) 2
he has been surcharged or charged under section 192 at any time during the last ten
years; or
(l) 2
he has been removed under section 213 at any time during the last five years.
Section : 98
Key Word : Sabhapati and Sahakari Sabhapati. (Part III.-Panchayat Samiti –
Chapter VIII – Constitution of Panchayat Samiti -Section – 98) Sabhapati and
Sahakari Sabhapati. (Part III.-Panchayat Samiti -Chapter VIII – Constitution of
Panchayat Samiti -Section – 98)
(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 1
[clauses (i) and (iii) of subsection (2) of
section 94 2
[shall neither participate in, nor be eligible for, such election:]
3
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 whole time 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:
4
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:
4
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:
1
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 the Sahakari 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:
1
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
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:
1
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:
2
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 the Sahakari Sabhapati:
2
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 a Panchayat
Samiti is reserved for any category of persons in terms of the rules in force, the
office of the Sahakari Sabhapati in that 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 required to be reserved in
accordance with the rules in force:
2
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 in the manner
prescribed:
1
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 Slate 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 India.
(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 2
[five years]:
3
* * * * * * *
(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 Sabhapati resumes 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 2
[and assumes office or until the
Sabhapati or the Sahakari Sabhapati resumes duties, as the case may be]
3
* * * * *
(7) The Sabhapati and the Sahakari Sabhapati of a Panchayat Samiti shall be paid out
of the Panchayat Samiti Fund such 4
[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.
(8) 5Notwithstanding anything to the contrary contained in this Act, the State
Government may, by an order in writing, remove a Sabhapati or a Sahakari
Sabhapati from his office if, in its opinion, 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.
Section : 99
Key Word : Registration of Sabhapati and Sahakari Sabhapati or a member.
(Part III.-Panchayat Samiti -Chapter VIII – Constitution of Panchayat Samiti –
Section – 99)
(1) A Sabhapati or a Sahakari Sabhapati or a member of a Panchayat Samiti may
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 Samiti within thirty days of such
acceptance.
Section : 100
: Removal of member of Panchyat Samiti. (Part III.-Panchyat Samiti -Chapter VIII
– Constitution of Panchyat Samiti -Section – 100)
(1) The prescribed authority may, after giving opportunity to a member of a Panchayat
Samiti ‘[other than an ex officio member] to show cause 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 m 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 2
* * * * *; 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.
3* * * * * * * *
Section : 101
Removal of Sabhapati and Sahakari Sabhapati. (Part III.-Panchyat Samiti -Chapter
VIII – Constitution of Panchyat Samiti -Section – 101)
1
[Subject to the other provisions of this section, a Sabhapati or a Sahakari Sabhapati] of
a Panchayat Samiti may, at any time, be removed from office 2
[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 subsection (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:
3
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
for the removal of the same office bearer within six months from the date appointed for
such meeting.
Section : 102
Filling of casual vacancy in the office of Sabhapati and Sahakari Sabhapati. (Part
III.-Panchyat Samiti -Chapter VIII – Constitution of Panchyat Samiti-Section – 102)
In the event of removal of a Sabhapati or a Sahakari Sabhapati under section 101
or when a vacancy occurs in the office of a Sabhapati or a Sahakari Sabhapati by
resignation, death or otherwise, the Panchayat Samiti shall elect another Sabhapati or
Sahakari Sabhapati in the prescribed manner.
Section : 103
Key Word : Filling of casual vacancy in the office of member of Panchyat Samiti.
(Part III.-Panchyat Samiti -Chapter VIII – Constitution of Panchyat Samiti -Section
– 103)
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.
Section : 104
Term of office of Sabhapati,Sahakari Sabhapati or member filling casual vacancy.
(Part III.-Panchyat Samiti -Chapter VIII – Constitution of Panchyat Samiti -Section
– 104)
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.
Section : 105
Meetings of Panchyat Samiti. (Part III.-Panchyat Samiti -Chapter VIII –
Constitution of Panchyat Samiti -Section – 105) Meetings of Panchyat Samiti. (Part
III.-Panchyat Samiti -Chapter VIII – Constitution of Panchyat Samiti -Section – 105)
Panchayat Samiti shall hold a meeting 1
[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 2
[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, 3
[shall do so fixing the date and hour of
meeting 4
(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
5
[the members aforesaid may call a meeting 6
(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 7
[in the
office of the Panchayat Samiti on such date and at such hour] as the members calling the
meeting may decide. 8
[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:]
1
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:
2
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 3
[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:
4
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.
Section : 107
Report on the work of Panchyat samiti. (Part III.-Panchyat Samiti -Chapter VIII –
Constitution of Panchyat Samiti -Section – 107)
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 Parishad concerned within
the prescribed time.
Section : 108
Key Word : Block devlopment Officer to attend meeting. (Part III.-Panchyat Samiti
-Chapter VIII – Constitution of Panchyat Samiti -Section – 108)
The Block Development Officer shall attend meetings of the Panchayat Samiti
and shall participate in the deliberations thereof.
Chapter IX
Powers and duties of Panchayat Samiti
Section : 109
Key Word Power of Panchyat Samiti. (Part III.-Panchyat Samiti -Chapter IX –
Power and duties of Panchyat Samiti -Section – 109) Power of Panchyat Samiti.
(Part III.-Panchyat Samiti -Chapter IX – Power and duties of Panchyat Samiti –
Section – 109)
(1) 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 preceding 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) 2
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, co-operative 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, nonconventional
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 1
[or Mahakuma Parishad or Council]
or Gram Panchayat:
(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 Blocks if and when necessary;
2* * * * * *
(2) Notwithstanding anything in sub-section (1), a Panchayat Samiti shall not undertake
or execute any scheme confined to an area over which a Gram 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:
3
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.
Section : 110
State Government may place other property under Panchyat Samiti. (Part III.-
Panchyat Samiti -Chapter IX – Power and duties of Panchyat Samiti -Section – 110)
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 Stale 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.
Section : 111
Power of Panchyat Samiti to transfer roads or properties to the State Government
or the Zilla Parishad or a Gram Panchyat. (Part III.-Panchyat Samiti -Chapter IX –
Power and duties of Panchyat Samiti -Section – 111)
A Panchayat Samiti may transfer to the State Government or to the Zilla Parishad 2
[or
Mahakuma Parishad or Council] 3
[or to a Gram Panchayat] any road or part of a road or
any other property, which is under its control or management, or which is vested in it, on
such terms and conditions as may be agreed upon.
Section : 112
Key Word : Panchyat Samiti may take over works. (Part III.-Panchyat Samiti –
Chapter IX – Power and duties of Panchyat Samiti -Section – 112) Panchyat Samiti
may take over works. (Part III.-Panchyat Samiti -Chapter IX – Power and duties of
Panchyat Samiti -Section – 112)
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.
Section : 113
Key Word : Power of Panchyat Samiti to divert,discontinue or close road. (Part III.-
Panchyat Samiti -Chapter IX – Power and duties of Panchyat Samiti -Section – 113)
Power of Panchyat Samiti to divert,discontinue or close road. (Part III.-Panchyat
Samiti -Chapter IX – Power and duties of Panchyat Samiti -Section – 113)
A Panchayat Samiti may direct, 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.
Section : 114
Key Word : Vesting Panchyat Samiti with certain powers. (Part III.-Panchyat
Samiti -Chapter IX – Power and duties of Panchyat Samiti -Section – 114)
(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.
1
114A.
(1) 2Without prejudice to the generality of the power under section 1 14 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.
(2) Upon the publication of a Development Plan under subsection (1), 3
[the provisions
of sections 23, 24 and 25] shall cease to be in force in the area referred to in subsection
(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, make 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 meter 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.
(7) 1
* * * * * *
(8) If it appears to the Panchayat Samiti 2
[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, 3
[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 1
[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 or of any expenses reasonably incurred by him for complying with the
notice, the claim shall be disposed of by the Panchayat Samiti 1
[or the authority,
person or persons 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 form 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 the generality of clauses (i) to (iii) of this subsection,
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 1
[as may be laid down by the Panchayat
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 provisions of this
section or the rules made thereunder, the Panchayat Samiti, or any officer authorised
in this behalf by the Panchayat Samiti, may, in addition to any other action that may
be taken 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 or at any other lime, 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 and 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 Samiti or 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
modifications as he thinks fit.
Section : 115
Power of supervision by Panchyat Samiti over the Gram Panchyat,etc. (Part III.-
Panchyat Samiti -Chapter IX – Power and duties of Panchyat Samiti -Section – 115)
Power of supervision by Panchyat Samiti over the Gram Panchyat,etc. (Part III.-
Panchyat Samiti -Chapter IX – Power and duties of Panchyat Samiti -Section – 115)
(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
* * * *
(2) 3A Panchayat Samiti may—
(a) inspect, or cause to be inspected, any immovable property used or occupied by
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 a
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 4
[or the Mahakuma Parishad or 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 of accounts or statistics, or
(iii) to furnish or obtain any report or information.
1
115A.
(1) Every Panchayat Samiti shall have a Block Sansad consisting of all members of the
Gram Panchayats 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 lime 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 lime 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 he 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 the Panchayat Samiti
along with the action taken report shall be placed in the next meeting of the
Block Sansad.
Section : 116
Key Word : Power of prohibit certain offensive and dangerous trades without
licence and to levy fee. (Part III.-Panchyat Samiti -Chapter IX – Power and duties of
Panchyat Samiti -Section – 116) Power of prohibit certain offensive and dangerous
trades without licence and to levy fee. (Part III.-Panchyat Samiti -Chapter IX –
Power and duties of Panchyat Samiti -Section – 116)
(1) No place within a Block shall 1
[on conviction by a Magistrate,] be used for any
trade or business declared by the State Government, by notification, to be offensive or
dangerous, without a license, which shall be renewable annually, 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 license granted by it under subsection
(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 license any place for the purpose of any trade or business
declared under sub-section (1) to be offensive or dangerous, or fails to comply with
any condition in respect of such license, shall 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 license granted under subsection (1), suspend or cancel the
license granted in favour of such person.
Section : 117
Key Word : Power of Panchyat Samiti to grant licence for hat or market. (Part III.-
Panchyat Samiti -Chapter IX – Power and duties of Panchyat Samiti -Section – 117)
Power of Panchyat Samiti to grant licence for hat or market. (Part III.-Panchyat
Samiti -Chapter IX – Power and duties of Panchyat Samiti -Section – 117)
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 license 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 license.
Section : 118
Key Word : Powers,functions and duties of Sabhapati and Sahakari Sabhapati.
(Part III.-Panchyat Samiti -Chapter IX – Power and duties of Panchyat Samiti –
Section – 118)
(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.
1
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 al 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) 2
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.

Chapter X
Establishment of the Panchayat Samiti
Section : 119
Key Word : Staff of the Panchyat Samiti. (Part III.-Panchyat Samiti -Chapter X –
Establishment of the Panchyat Samiti -Section – 119) Staff of the Panchyat Samiti.
(Part III.-Panchyat Samiti -Chapter X – Establishment of the Panchyat Samiti –
Section – 119)
(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 such Block
Development Officer 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 lime being.
(1A) 1
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) 1
There shall be a Secretary for every Panchayat Samiti and the
Extension Officer, Panchayats shall be the ex officio Secretary.
(2) 2
[Subject to such rules as may be made by the Stale 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 mat 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:
3
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 4
[shall be signed by, and be issued by or on behalf
of, the Executive Officer.]
(3) 5
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.
Section : 120
Key Word : Placing the services of the State Government officersat the disposal of
the Panchyat Samiti. (Part III.-Panchyat Samiti -Chapter X – Establishment of the
Panchyat Samiti -Section – 120)
The State Government may place at the disposal of the Panchayat Samiti the services of
such officers or other employees serving under it 1
[and on such terms and conditions] as
it may think fit: Provided that any such officer or employee shall be recalled by the Slate
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.
Section : 121
Key Word : Control and punishment of the stajj of the Panchyat Samiti. (Part III.-
Panchyat Samiti -Chapter X – Establishment of the Panchyat Samiti -Section – 121)
(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 2
[of a Panchayat Samiti].
(3) The Executive Officer may recommend the dismissal, removal or reduction in rank
of an officer or employee 3
[of a Panchayat Samiti] to the 4
[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 4
(Artha, Sanstha, Unnayan O Parikalpana]
Sthayee Samiti, dismiss, remove or reduce in rank and such officer or employee.
(4) No officer or other employee 5
lof a Panchayat Samiti] shall be punished by the
Panchayat Samiti except by a resolution of the Panchayat Samiti passed at a meeting.
Section : 123
Key Word : Exercise of powers,etc.,by the officers and employees. (Part III.-
Panchyat Samiti -Chapter X – Establishment of the Panchyat Samiti -Section – 123)
Subject to the provisions of (his Act, the rules framed thereunder and to any general or
special directions given by (he Slate Government in that behalf the officers and other
employees employed by the Panchayat 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.
Section : 124
Key Word : Sthayee Samiti. (Part III.-Panchyat Samiti -Chapter XI – Sthayee
Samiti of the Panchyat Samiti -Section – 124) Sthayee Samiti. (Part III.-Panchyat
Samiti -Chapter XI – Sthayee Samiti of the Panchyat Samiti -Section – 124)
(1) A Panchayat Samiti shall have the following Sthayee Samitis. namely:—
(i) 1
[Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti.
(ii) Janasasthya 2
[O Paribesh] Sthayee Samiti.
(iii) Purta Karya 3
[O Paribahan] Sthayee Samiti,
(iv) Krishi Sech O -Samabaya Sthayee Samiti,
(v) 4
[Shiksha, Sanskriti, Tathya O Krira] Sthayee Samiti,
(vi) 5
[Sishu O Nari Unnayan, Janakalyan O Tran] Sthayee Samiti,
(via) 6
Ban O Bhumi Sanskar Sthayee Samiti,
(vib) 6Matsya O Prani Sampad Bikash Sthayee Samiti,
(vic) 6Khadya 0 Sarbaraha Sthayee Samiti,
6
(vid) 7
[Khudra Shilpa, 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 1
[and Sahakari Sabhapati] of the Panchayat Samiti, ex officio:
(b) 2
[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;
3
(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);
3
(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 Art ha, Sanstha, Unnayan
O Parikalpana Sthayee Samiti;
3
(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 4
[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 5
[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.
1
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 the Sabhapati 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) 2
such number of persons being officers of the State Government or of any statutory
body or corporation or being eminent persons having specialised knowledge as the
State Government may think fit, appointed by the State Government:
Provided that such officers shall not be eligible for election as
Karmadhyaksha of the Sthayee Samiti and shall not have any right to
vote.
(1) No person, oilier 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.
(2) An elected member of a Sthayee Samiti shall hold office for a period of 2
[five years]
or for so long as he continues to be a member of the Panchayat Samiti, whichever is
earlier.
(3) The meeting of the Sthayee Samiti shall be held 3
[in the office of the Panchayat
Samiti} at such time and in such manner as may be prescribed.
(4) 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.
(5) 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.

Section : 125
Karmadhyaksha and Secretary. (Part III.-Panchyat Samiti -Chapter XI – Sthayee
Samiti of the Panchyat Samiti -Section – 125) Karmadhyaksha and Secretary. (Part
III.-Panchyat Samiti -Chapter XI – Sthayee Samiti of the Panchyat Samiti -Section –
125)
(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 of the Panchayat Samiti shall be the ex officio
Karmadhyaksha of the 4
[Artha, Sanstha, Unnayan O Parikalpana] Sthayee
Samiti:
Provided further that the members referred to in 5
[clauses (i) and (iii)] of subsection
(2) of section 94 shall not be eligible for such election.
6
* * * * * *
1
(3)
(a) The Extension Officer, Panchayats shall act as the Secretary to the 2
[Artha, Sanstha,
Unnayan O Parikalpana] Sthayee Samiti.
(b) 3
The members referred to in clauses 4
[(a), (b), (ba), (bb) and (bc)] of sub-section (2)
of section 124 of a Sthayee Samiti, other than the Artha, Sanstha, Unnayan O
Parikalpana Sthayee Samiti, shall select, in such manner 5
[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 Slate Government], one of the members referred to
in clause (c) of that sub-section to act as the Secretary to such Sthayee Samiti:
6
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) 3
The Secretary to each Sthayee Samiti shall, in consultation with the
Karmadhyaksha, convene the meetings of that Sthayee Samiti.
7
(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 8
(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 the Panchayat Samiti and to
enter on and inspect any immovable properly 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.
Section : 126
Key Word : Resigtnation. (Part III.-Panchyat Samiti -Chapter XI – Sthayee Samiti
of the Panchyat Samiti -Section – 126) Resigtnation. (Part III.-Panchyat Samiti –
Chapter XI – Sthayee Samiti of the Panchyat Samiti -Section – 126)
The Karmadhyaksha or any other member of a Sthayee Samiti may resign his
office by giving notice in writing to the Sabhapati and on such resignation being accepted
by the Panchayat Samiti the Karmadhyaksha or such member shall be deemed to have
vacated his office.
Section : 127
Key Word : Casual vacancy. (Part III.-Panchyat Samiti -Chapter XI – Sthayee
Samiti of the Panchyat Samiti -Section – 127)
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
1
[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.
2CHAPTER XIA
Samanway Samiti of office bearers and Karmadhyakshas
127A. [(Samanway Samiti.)—Omitted by s. 10 of the West Bengal Panchayat
(Amendment) Act, 2003 (West Ben. Act VIII of 2003.]
Chapter XII
Property and fund of Panchayat samiti
Section : 128
Key Word : Power to aquire,hold and dispose of property. (Part III.-Panchyat
Samiti -Chapter XII – Property and Fund -Section – 128) Power to aquire,hold and
dispose of property. (Part III.-Panchyat Samiti -Chapter XII – Property and Fund –
Section – 128)
A Panchayat Samiti shall have the power to acquire, hold and dispose of property and to
enter into contracts:
Provided that in all cases of acquisition or disposal of immovable property the Panchayat
Samiti shall obtain the previous approval of the State Government.
Section : 129
Key Word : Works constructted by a Panchyat Samiti to vest in it. (Part III.-
Panchyat Samiti -Chapter XII – Property and Fund -Section – 129)y
All roads, buildings or other works constructed by a Panchayat Samiti with its own funds
shall vest in it.
Section : 130
Key Word : Allocation of properties to Panchayat Samiti. (Part III.-Panchayat
Samiti -Chapter XII – Property and Fund -Section – 130) Allocation of properties to
Panchayat Samiti. (Part III.-Panchayat Samiti -Chapter XII – Property and Fund –
Section – 130)
The State Government may allocate to a Panchayat Samiti any public property situated
within its jurisdiction, and thereupon such property shall vest in and come under the
control of the Panchayat Samiti.
Section : 131
Key Word : Acquisition of land for Panchayat Samiti. (Part III.-Panchayat Samiti –
Chapter XII – Property and Fund -Section – 131)
Where a Panchayat Samiti requires land to carry out any of the purposes of this
Act, it may negotiate with the person or persons having interest in the said land, and if it
fails to reach an agreement, it may make an application to the Collector for the
acquisition of the land, who may, if he is satisfied that the land is required for a public
purpose, take steps to acquire the land under the provisions of the Land Acquisition Act,
1894 and such land shall, on acquisition, vest in the Panchayat Samiti.
Section : 132
Key Word : Panchayat Samiti Fund. (Part III.-Panchayat Samiti -Chapter XII –
Property and Fund -Section – 132) Panchayat Samiti Fund. (Part III.-Panchayat
Samiti -Chapter XII – Property and Fund -Section – 132)
(1) For every Panchayat Samiti there shall be constituted a Panchayat Samiti Fund
bearing the name of the Panchayat Samiti and there shall be placed to the credit
thereof—
(a) contribution and grants, if any, made by the Central or the State Government
including such part of the land revenue collected in the State as may be determined by
the State Government;
(b) contributions and grants, if any, made by the Zilla Parishad 1
[or the Mahakuma
Parishad or the Council] or any other local authority;
(c) loans, if any, granted by the Central or the State Government or raised by the
Panchayat Samiti on Security of its assets;
(d) all receipts on account of tolls, rates and fees levied by it;
(e) all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions
or works, vested in, constructed by or placed under the control and management of
the Panchayat Samiti;
(f) all sums received as gift or contributions and all income from any trust or
endowment make in favour of the Panchayat Samiti;
(g) such fines or penalties imposed and realised under the provisions of this Act or of
the bye-laws made thereunder, as may be prescribed; and
(h) all other sums received by or on behalf of the Panchayat Sam ill.
1
Explanation— A Panchayat Sam in shall riot receive to the credit of its fund—
(a) any loan from any individual, severally or jointly, or any member or office bearer of
the Panchayat Samiti, or
(b) any gift or contribution from any individual, severally or jointly, or any member or
officer bearer of the Panchayat Samiti save and except in pursuance of a resolution
adopted in a meeting of the Panchayat Samiti accepting such gift or contribution and
stating the purpose for which such gift or contribution is offered and accepted.
(2) Every Panchayat Samiti shall set apart and apply annually such sum as may be
required to meet the cost of its own administration including the payment of salary,
allowances, provident fund and gratuity to the officers and employees.
(3) Every Panchayat Samiti shall have power to spend such sums as it thinks fit for
carrying out the purposes of this Act.
(4) The Panchayat Samiti Fund shall be vested in the Panchayat Samiti and the balance
to the credit of the Fund shall be kept in such custody as the State Government may,
from time to time, direct.
Subject to such general control as the Panchayat Samiti may exercise from time to time,
all orders and cheques for payments from the Panchayat Samiti Fund 2
lshall be signed by
the Executive Officer, or if authorized by the Executive Officer, by the Joint Executive
Officer, subject to such order as may be issued by the State Government in this behalf.]
Section : 133
Key Word : Levy of tolls,rates and fees. (Part III.-Panchayat Samiti -Chapter XII –
Property and Fund -Section – 133)
(1) Subject to such maximum rates as the State Government may prescribe, a Panchayat
Samiti may—
(a) levy tolls on persons, vehicles or animals or any class of them at any tollbar
established by it on any road other than a Kutcha road or any bridge
vested in it or under its management,
(b) levy tolls in respect of any ferry established by it or under its management,
(c) levy the following fees and rates, namely:—
(i) fees on the registration of vehicles;
(ii) a fee for providing sanitary arrangements at such places of worship or
pilgrimage, fairs and melas within its jurisdiction as may be specified by the State
Government by notification;
(iii) a fees for license referred to in sub-section (2) of section 116;
(iv) a fee for license for a hat or market referred to in section 117;
(v) a water rate, where arrangement for the supply of water for drinking,
irrigation or any other purpose is made by the Panchayat Samiti within its jurisdiction;
(vi) a lighting rate, where arrangement for lighting of public streets and places is
made by the Panchayat Samiti within its jurisdiction.
(2) The Panchayat Samiti shall not undertake registration of a vehicle or levy fee
therefor and shall not provide sanitary arrangements at places of worship or
pilgrimage, fairs and melas within its jurisdiction or levy fee therefor if any such
vehicle has already been registered by any other authority under any law for the
time being in force or if such provision for sanitary arrangement has already been
made by any other local authority.
Section : 134
Scales of tolls,etc.,to be provided by bye-laws. (Part III.-Panchayat Samiti -Chapter
XII – Property and Fund -Section – 134)
(1) The scales of tolls, fees or rates and the terms and conditions for the imposition
thereof shall be such as may be provided by bye-laws.
(2) Such bye-laws may provide for exemption from all or any of the tolls, fees or rates
in any class of cases.
Section : 135
Key Word : Panchayat Samiti. (Part III.-Panchayat Samiti -Chapter XII – Property
and Fund -Section – 135) Panchayat Samiti. (Part III.-Panchayat Samiti -Chapter
XII – Property and Fund -Section – 135)
A Panchayat Samiti may subject to the provisions of any law relating to the raising of
loans by local authorities for the time being in force, raise from time to time, with the
approval of the State Government, loans for the purposes of this Act and create a sinking
fund for the repayment of such loans.
1
135A. Notwithstanding anything contained in section 135, a Panchayat Samiti may
borrow money from the State Government or 2
* * * * from banks or other financial
institutions, for furtherance of its objective on the, basis of specific schemes as may be
drawn up by the Panchayat Samiti for the purpose.
Section : 136
Budget of the Panchayat Samiti. (Part III.-Panchayat Samiti -Chapter XII –
Property and Fund -Section – 136) Budget of the Panchayat Samiti. (Part III.-
Panchayat Samiti -Chapter XII – Property and Fund -Section – 136)
(1) Every Panchayat Samiti shall, at such time and in such manner as may be
prescribed, prepare in each year a budget of its estimated receipts and disbursements for
the following year 3 * * * *
4
(2)
(a) The budget prepared under sub-section (1) shall be written in English and in
vernacular of the district or the locality concerned and copies of the budget in both
the languages shall be pasted in such prominent places within the Block as may be
prescribed, inviting objections and suggestions from the electors of the Panchayat
Samiti.
(b) Copies of the budget shall be forwarded to the Zilla Parishad or the Mahakuma
Parishad or the Council, as the case may be, having jurisdiction over the area of the
Block for views, if any.
(c) The Panchayat Samiti shall, within such time as may be prescribed and in a meeting
specially convened for the purpose and in the presence of at least half of the existing
members, consider the objections, suggestions and views, if any, and approve the
budget with modifications, if any.
(d) A copy of the budget approved under clause (c) shall be forwarded to the Zilla
Parishad or the Mahakuma Parishad or the Council, as the case may be, having
jurisdiction.
(2) The Zilla Parishad may, within such time as may be prescribed, either approve the
budget or return it to the Panchayat Samiti, for such modifications as it may direct.
On such modifications being made, the budget shall be resubmitted within such time
as may be prescribed for approval of the Zilla Parishad. If the approval of the Zilla
Parishad is not received by the Panchayat Samiti by the last date of the year, the
budget shall be deemed to be approved by the Zilla Parishad.
Section : 137
Expenditure. (Part III.-Panchayat Samiti -Chapter XII – Property and Fund –
Section – 137)
No expenditure shall be incurred unless the budget is approved 1
[under clause (c) of subsection
(2) of section 136.]
Section : 138
Key Word : Supplementary budget. (Part III.-Panchayat Samiti -Chapter XII –
Property and Fund -Section – 138)Supplementary budget. (Part III.-Panchayat
Samiti -Chapter XII – Property and Fund -Section – 138)
(1) 2
The Panchayat Samiti may prepare in each year a supplementary estimate
providing for any modification of its budget and 2
[may approve if in a meeting specially
convened for the purpose and in the presence of at least half of the existing members] for
approval within such time and in such manner as may be prescribed.
(2) 3A copy of the supplementary estimate as approved under subsection (1) shall be
forwarded to the Zilla Parishad or the Mahakuma Parishad or the Council, as
the case may be, having jurisdiction.
Section : 139
Key Word : Accounts. (Part III.-Panchayat Samiti -Chapter XII – Property and
Fund -Section – 139)
A Panchayat Samiti shall keep such accounts and in such form as may be prescribed.
Part IV-Zilla Parishad
Chapter XIII – Constitution of Zilla Parishad.
Section : 140
Key Word : Zilla Parishad and its constitution. (Part IV-Zilla Parishad -Chapter
XIII – Constitution of Zilla Parishad. -Section -140)
(1) For every district 1
[, except the district of Darjeeling] the State Government shall
constitute a Zilla Parishad bearing the name of the district.
(2) The Zilla Parishad shall consist of the following members, namely:—
(i) Sabhapatis of the Panchayat Samitis within the district, ex officio;
(ii) 2
[(such number of persons, not exceeding three, as may be prescribed on the
basis of the number of voters in the area from each Block within the district, the
Block being divided 3
{by the prescribed authority} for the purpose into constituencies
in the prescribed manner, elected by secret ballot at such time and in such manner as
may be prescribed from amongst the persons whose names are included in the
electoral roll, pertaining to any Block within the district, prepared in accordance with
such rules as may be made in this behalf by the State Government 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 Block:]
1
Provided that seats shall be reserved for the Scheduled Castes and the Scheduled
Tribes in a Zilla Parishad 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 proportions to the total
number of seats in that Zilla Parishad to be filled up by election as the population
of the Scheduled Castes in that Zilla Parishad area, or of the Scheduled Tribes in
that Zilla Parishad area, as the case may be, bears to the total population of that
Zilla Parishad 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 Zilla Parishad area, as the
case may be, bears with the total population in that Zilla Parishad area:
1
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:
1
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 Zilla
Parishad 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:
1
Provided also that notwithstanding anything contained in the foregoing
provisions of this sub-section 2
* * * * *, when the number of members to be
elected to a Zilla Parishad is determined, or when seats are reserved for the
Scheduled Castes and the Scheduled Tribes in a Zilla Parishad, 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:
1
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 ton Zilla Parishad, be disqualified for election to any seat not
so reserved.
1
Provided also that such division into constituencies shall be made in such manner
that the ratio between the total population of all the Blocks in a district and the
number of constituencies in the Zilla Parishad shall, so far as practicable, be the
same in any Zilla Parishad:
1
Provided also that the State Election Commissioner may, at any time, for reasons
to be recorded in writing 2
[, issue an order making fresh determination] of the
number of members in a Zilla Parishad or fresh reservation on rotation of the
number of constituencies in that Zilla Parishad and, on such order being issued by
the State Election Commissioner, the determination of the number of members
3
[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 4
[the next] three successive general elections: ‘Provided also that the
provisions for reservation of seats 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 India;
(iii) members of the 5
[House of the People and] the Legislative Assembly of the
State elected thereto from a constituency comprising the district or any part thereof,
not being Ministers;
(iv) members of the Council of States not being Ministers, ^[registered as
electors within the area of any Block within the district.]
(3) Every Zilla Parishad constituted under this section 7
* * * * * 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 Zilla Parishad shall be a body corporate having perpetual succession and a
common seal and shall by its corporate name sue and be sued.
1
(5)
(a) Notwithstanding anything contained in the foregoing provisions of this section,
when the area of a district (hereinafter referred to as the former district) is divided so
as to constitute two or more districts, for each of the newly constituted districts the
State Government shall by notification constitute a Zilla Parishad bearing the name
of the district with the following members, namely:—
(i) Sabhapatis of the Panchayat Samitis within the newly constituted district,
ex officio;
(ii) the members elected to the Zilla Parishad of the former district under clause
(ii) of sub-section (2) from the constituencies referred to therein comprised in the
Blocks within the newly constituted district;
(iii) members of the House of the People and the Legislative Assembly of the
State elected thereto from a constituency comprising the newly constituted district or
any part thereof, not being Ministers;
(iv) members of the Council of Stales, not being Ministers, having a place of
residence in the newly constituted district.
(b) Notwithstanding anything in this Act, every Zilla Parishad constituted under this
sub-section shall be deemed to have been duly constituted in accordance with the
provisions of this Act and shall come into office with effect from the date of its first
meeting at which a quorum is present, and the Zilla Parishad of the former district
shall, with effect from the date of coming into office of the newly constituted Zilla
Parishads, cease to exist.
(c) The members of the newly constituted Zilla Parishad, other than the ex officio
members, shall, subject to the provisions of section 145, hold office with effect from
the date of its first meeting at which a quorum is present for the unexpired portion of
the term of office of the members of the Zilla Parishad of the former district.
(d) All rules, orders, bye-laws and notifications made or issued from time to time under
any law for the time being in force, applicable to the Zilla Parishad of the former
district and continuing in force immediately before the coming into office of the
newly constituted Zilla Parishads under this sub-section, shall, after the coming into
office of the newly constituted Zilla Parishads, continue in force in so far as they are
not inconsistent with the provisions of this Act and shall be applicable to the newly
constituted Zilla Parishads until they are repealed or amended.
(e) The properties, funds and liabilities of the Zilla Parishad of the former district shall
vest in the newly constituted Zilla Parishads 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 1
[under clause (e) of sub-section (5)] may contain such supplemental,
incidental and consequential provisions as may be necessary to give effect to such reorganisation.
Section : 141
Key Word : Term of office of Zilla Parishad. (Part IV-Zilla Parishad -Chapter XIII
– Constitution of Zilla Parishad. -Section -142) Term of office of Zilla Parishad.
(Part IV-Zilla Parishad -Chapter XIII – Constitution of Zilla Parishad. -Section –
142)
(1) The members of a Zilla Parishad, other than ex officio members, shall, subject to
the provisions of sections 145 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 Zilla Parishad within
a period not exceeding five years from the date of the previous general election held
for such Zilla Parishad:
Provided that if the first meeting of the newly-formed Zilla Parishad cannot be
held before the expiry of the period of five years under subsection (7), 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 Zilla Parishad 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 Zilla Parishad is held, whichever is
earlier.
3
141A.
[(General election to Zilla Parishads.) — Omitted by s. 37 of the West Bengal
Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).]
Section : 142
Key Word : Disqualifications of members of Zilla Parishad. (Part IV-Zilla Parishad
-Chapter XIII – Constitution of Zilla Parishad. -Section -142)
A person shall not be qualified to be a member of a Zilla Parishad, if—
(a) he is a member 1
* * * * * of any municipal authority constituted under
any of the Acts referred to in sub-section (2) of section 1; or
(a) 2
he is in the service of the Central or the State Government or a Gram Panchayat or
a Panchayat Samiti or a Zilla Parishad; 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 Corporation 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
(b) he has, directly or indirectly by himself or by his partner or employer or an
employee, any share or interest in any contract with, by or on behalf of the Zilla
Parishad or a Gram Panchayat or a Panchayat Samiti within the district: Provided
that no person shall be deemed to be disqualified for being elected a member of a
Zilla Parishad 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 a
Gram Panchayat, or a Panchayat Samiti within the district or the Zilla Parishad of
the district; or
(c) 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 or misconduct involving
moral turpitude and five years have not elapsed from the date of such dismissal; or
(d) he has been adjudged by a competent court to be of unsound mind; or
(e) he is an un-discharged insolvent; or
(f) 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
(g)
(h) 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 election to the State Legislature under
the provisions of Chapter III of Pan 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.
Section : 143
Key Word : Sabhadhipati and Sahakari Sabhadhipati. (Part IV-Zilla Parishad –
Chapter XIII – Constitution of Zilla Parishad. -Section -143) Sabhadhipati and
Sahakari Sabhadhipati. (Part IV-Zilla Parishad -Chapter XIII – Constitution of
Zilla Parishad. -Section -143)
(1) Every Zilla Parishad shall, at its first meeting at which a quorum is present, elect, in
the prescribed manner, one of its members to be the Sabhadhipati and another member to
be the Sahakari Sabhadhipati of the Zilla Parishad:
Provided that the members referred to in 1
[clauses (i), (iii) and (iv)] of sub-section
(2) of section 140 2
[shall neither participate in, nor be eligible for, such election:]
3
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 whole time 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:
4
Provided also that subject to such rules as may be made by the State Government
in this behalf, the offices of the Sabhadhipati and the Sahakari Sabhadhipati 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
in West Bengal as the population of the Scheduled Castes or the Scheduled Tribes,
as the case may be, in all the Blocks within West Bengal 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 the offices of the Sabhadhipati and the Sahakari Sabhadhipati
in any Zilla Parishad having the Scheduled Castes and the Scheduled Tribes
population, as the case may be, constituting not more than five per cent of the
total population in the Blocks within the district, shall not be considered for
allocation by rotation;
‘Provided also that in the event of the number of Zilla Parishad areas 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 offices of the
Sabhadhipati and the Sahakari Sabhadhipati required for reservation in West
Bengal the State Election Commissioner, may, by order, include, for the purpose
of reservation, other such offices of the Sabhadhipati and the Sahakari
Sabhadhipati beginning from the district 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 offices of the
Sabhadhipati and the Sahakari Sabhadhipati reserved for the Scheduled Castes
and the Scheduled Tribes in West Bengal, 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
Sabhadhipati and the Sahakari Sabhadhipati in West Bengal 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:
2
Provided also that determination of the offices of the Sabhadhipati within the
State reserved for the Scheduled Castes, the Scheduled Tribes and women shall
precede such determination for the offices of the Sahakari Sabhadhipati:
2
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 Sabhadhipati in a Zilla
Parishad is reserved for any category of persons in accordance with the rules in
force, the office of the Sahakari Sabhadhipati in that Zilla Parishad 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 Sabhadhipati, 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 Sabhadhipati within the
State 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 required to be
reserved in accordance with the rules in force:
‘Provided also that when in any term of election, an office of the Sahakari
Sabhadhipati is not reserved on the ground that the corresponding office of the
Sabhadhipati is reserved in the manner prescribed, such office of the Sahakari
Sabhadhipati not reserved on the ground as aforesaid, shall be eligible for
consideration for reservation during the next term of election in the manner
prescribed:
2
Provided also that notwithstanding anything contained in the foregoing
provisions of this 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 39 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:
2
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 Sabhadhipati or the Sahakari Sabhadhipati, be
disqualified for election to any office not so reserved:
2
Provided also that the provisions for reservation of the offices of the
Sabhadhipati and the Sahakari Sabhadhipati 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 India.
(2) The meeting to be held under sub-section (1) shall be convened by the prescribed
authority in the prescribed manner,
(3) The Sabhadhipati and the Sahakari Sabhadhipati shall, subject to the provisions of
section 146 and to their continuing as members, hold office for a period of ‘[five
years]: 2* *****
(4) When—
(a) the office of the Sabhadhipati falls vacant by reason of death, resignation, removal
or otherwise, or
(b) the Sabhadhipati is, by reason of leave, illness or other cause, temporarily unable to
act,
the Sahakari Sabhadhipati shall exercise the powers, perform the functions and
discharge the duties of the Sabhadhipati until a new Sabhadhipati is elected and
assumes office or until the Sabhadhipati resumes his duties, as the case may be.
(5) When—
(a) the office of the Sahakari Sabhadhipati falls vacant by reason of death, resignation,
removal or otherwise, or
(b) when the Sahakari Sabhadhipati is, by reason of leave, illness or other cause,
temporarily unable to act,
the Sabhadhipati shall exercise the powers, perform the functions and discharge
the duties of the Sahakari Sabhadhipati until a new Sahakari Sabhadhipati is
elected and assumes office or until the Sahakari Sabhadhipati resumes his duties,
as the case may be.
(6) When the offices of the Sabhadhipati and the Sahakari Sabhadhipati are both vacant
or the Sabhadhipati and the Sahakari Sabhadhipati are temporarily unable to act, the
prescribed authority may appoint 3
[for a period of thirty days at a time] a
Sabhadhipati and a Sahakari Sabhadhipati from among the members of the Zilla
Parishad to act as such until a Sabhadhipati and or a Sahakari Sabhadhipati is
elected and assumes office 1
[or until the Sabhadhipati or the Sahakari Sabhadhipati
resumes his duties, as the case may be].
2* *****
(7) The Sabhadhipati and the Sahakari Sabhadhipati of a Zilla Parishad shall be paid
out of the Zilla Parishad Fund such 3
[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.
(8) 4Notwithstanding anything to the contrary contained in this Act, the State
Government may, by an order in writing, remove a Sabhadhipati or a Sahakari
Sabhadhipati from his office if, in its opinion, 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,
Section : 144
Key Word : Resignation of Sabhadhipati and Sahakari Sabhadhipati or a member.
(Part IV-Zilla Parishad -Chapter XIII – Constitution of Zilla Parishad. -Section –
144) Resignation of Sabhadhipati and Sahakari Sabhadhipati or a member. (Part
IV-Zilla Parishad -Chapter XIII – Constitution of Zilla Parishad. -Section -144)
(1) A Sabhadhipati or a Sahakari Sabhadhipati or a member of a Zilla Parishad may
resign his office by notifying in writing his intention to do so to the prescribed authority
and on such resignation being accepted the Sabhadhipati, the Sahakari Sabhadhipati 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 Zilla Parishad within thirty days of such
acceptance.
Section : 145
Key Word : Removal of member of Zilla Parishad. (Part IV-Zilla Parishad –
Chapter XIII – Constitution of Zilla Parishad. -Section -145) Removal of member of
Zilla Parishad. (Part IV-Zilla Parishad -Chapter XIII – Constitution of Zilla
Parishad. -Section -145)
(1) The prescribed authority may, after giving an opportunity to a member of a Zilla
Parishad other than an ex officio member to show cause against the action proposed to be
taken against him, by order remove him from office—
(a) if after his election 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 Zilla Parishad at the time of his
election; or
(c) if he incurs any of the disqualifications mentioned in clauses (b) to (g) of section
142 after his election as a member of the Zilla Parishad; or
(d) if he is absent from three consecutive meetings of the Zilla Parishad without the
leave of the Zilla Parishad 1
* * *; 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 Zilla Parishad 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.
2
* * * * * *
Section : 146
Key Word : Removal of Sabhadhipati and Sahakari Sabhadhipati. (Part IV-Zilla
Parishad -Chapter XIII – Constitution of Zilla Parishad. -Section -146)
1
[Subject to the other provisions of this section, a Sabhadhipati or a Sahakari
Sabhadhipati] of a Zilla Parishad may, at any time, be removed from office 2
[by a
resolution carried by the majority of the existing members referred to in clause (ii) of
sub-section (2) of section 140] 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
Sabhadhipati from his office is under consideration, the Sabhadhipati or while any
resolution for the removal of the Sahakari Sabhadhipati from his office is under
consideration, the Sahakari Sabhadhipati shall not, though he is present, preside, and the
provisions of sub-section (2) of section 150 shall apply in relation to every such meeting
as they apply in relation to a meeting from which the Sabhadhipati or, as the case may be,
the Sahakari Sabhadhipati is absent:
3
Provided further that no meeting for the removal of the Sabhadhipati or the Sahakari
Sabhadhipati under this section shall be convened within a period of one year from the
date of election of the Sabhadhipati or the Sahakari Sabhadhipati:
3
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
for the removal of the same office bearer within six months from the date appointed for
such meeting
Section : 147
Key Word : Filling of casual vacancies in the office of Sabhadhipati or Sahakari
Sabhadhipati. (Part IV-Zilla Parishad -Chapter XIII – Constitution of Zilla
Parishad. -Section -147)
In the event of removal of a Sabhadhipati or a Sahakari Sabhadhipati under section 146
or when a vacancy occurs in the office of a Sabhadhipati or a Sahakari Sabhadhipati by
resignation, death or otherwise, the Zilla Parishad shall elect another Sabhadhipati, or
Sahakari Sabhadhipati in the prescribed manner.
Section : 148
Key Word : Filling of casual vacancies in the place of elected member. (Part IVZilla
Parishad -Chapter XIII – Constitution of Zilla Parishad. -Section -148)
If the office of a member of a Zilla Parishad becomes vacant by reason of his death,
resignation, removal or otherwise, the vacancy shall be filled by election in the prescribed
manner.
Section : 149
Key Word : Term of office of Sabhadhipati ,Sahakari Sabhadhipati or member
filling casual vacancy. (Part IV-Zilla Parishad -Chapter XIII – Constitution of Zilla
Parishad. -Section -149)
Every Sabhadhipati or Sahakari Sabhadhipati elected under section 147 and every
member elected under section 148 to till 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.
Section : 150
Key Word : Meeting of Zilla Parishad. (Part IV-Zilla Parishad -Chapter XIII –
Constitution of Zilla Parishad. -Section -150)
(1) Every Zilla Parishad shall hold a meeting 1
[in its office at least once
in every three months on such date and at such hour as the Zilla Parishad
may fix at the immediately preceding meeting]:
Provided that the first meeting of a newly-constituted Zilla Parishad shall
be held at such time and at such place within the local limits of the district
concerned, as the prescribed authority may fix:
Provided further that the Sabhadhipati when required in writing by onefifth
of the members of the Zilla Parishad to call a meeting 2
[shall do so
fixing the date and hour of the meeting 3
(to be held) within fifteen days
after giving intimation to the prescribed authority and seven days’ notice to
the members of the Zilla Parishad,] failing which the members aforesaid
may call a meeting 4
[to be held] 5
[within thirty-five days] after giving
intimation to the prescribed authority and seven clear days’ notice to the
Sabhadhipati and the other members of the Zilla Parishad. Such meeting
shall be held at such place 1
[in the office of the Zilla Parishad on such
date and at such hour] as the members calling the meeting may decide.
2
[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:]
3
Provided also that for the purpose of convening a meeting under section
146, at least one-fifth of the members referred to in clause (ii) of subsection
(2) of section 140 shall require the Sabhadhipati to convene the
meeting:
4
Provided also that if the Zilla Parishad does not fix at any meeting the
date and hour of its next meeting or if any meeting is not held on the date
and hour fixed at the immediately preceding meeting, the Sabhadhipati
shall call a meeting of Zilla Parishad on such date and at such hour as he
thinks fit.
(2) The Sabhadhipati or in his absence the Sahakari Sabhadhipati shall
preside at the meeting of the Zilla Parishad and in the absence of both 5
[or
in 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 of the Zilla Parishad shall
form a quorum for a meeting of a Zilla Parishad:
Provided that no quorum shall be necessary for an adjourned meeting.
(4) All questions coming before a Zilla Parishad shall be decided by a
majority of votes:
Provided that in case of equality of voles the person presiding shall have a
second or casting vote:
1
Provided further that in case of a requisitioned meeting for the removal of
the Sabhadhipati or the Sahakari Sabhadhipati under section 146, the
person presiding shall have no second or casting vole.
(5) 2
[The Executive Officer and the Additional Executive Officer] of a
Zilla Parishad shall attend meetings of the Zilla Parishad and shall
participate in the deliberations thereof:
3
Provided that if for any reason the Executive Officer “[and the Additional
Executive Officer] cannot attend any meeting of the Zilla Parishad 5
[the
Executive Officer shall] depute the Secretary of the Zilla Parishad to
attend such meeting.
Section : 151
Key Word : List of business to be transacted at a meeting. (Part IV-Zilla Parishad –
Chapter XIII – Constitution of Zilla Parishad. -Section -151)
A list of the business to be transacted at every meeting of a Zilla Parishad except at an
adjourned meeting, shall be sent to each member of the Zilla Parishad 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 Sabhadhipati thinks that a situation has arisen for which an emergent
meeting of the Zilla Parishad 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.
Section : 152
Key Word : Report on the work of Zilla Parishad. (Part IV-Zilla Parishad -Chapter
XIII – Constitution of Zilla Parishad. -Section -152) Report on the work of Zilla
Parishad. (Part IV-Zilla Parishad -Chapter XIII – Constitution of Zilla Parishad. –
Section -152)
The Zilla Parishad shall prepare and submit annually 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 to the prescribed authority within the prescribed time.
Chapter XIV
Powers, functions and duties of Zilla Parishad
Section : 153
Key Word : Powers of Zilla Parishad.(Part IV-Zilla Parishad -Chapter XIV –
Powers,functions and duties of Zilla Parishad. -Section -153) Powers of Zilla
Parishad.(Part IV-Zilla Parishad -Chapter XIV – Powers,functions and duties of
Zilla Parishad. -Section -153)
1
[A Zilla Parishad 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 preceding 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) 2
(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,
physical education and games and sports, 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 library, public institution or public
welfare organisation within the district,
(v) contribute such sums as may be agreed upon towards the cost of
maintenance of any institutions, situated outside the district, which are beneficial to,
and habitually used by, the inhabitants of the district,
(vi) establish scholarships or award stipends within the State for the furtherance
of technical or other special forms of education,
(vii) acquire and maintain village hats and markets;
(b) make grants to the Panchayat Samitis 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 the
commissioners of a municipality within the district;
(d) adopt measures for the relief of distress;
(e) co-ordinate and integrate the development plans and schemes prepared by
Panchayat Samitis in the district; and
1
* * * * *
(2) A Zilla Parishad shall have the power to advise the State Government on all matters
relating to the development work among Gram Panchayats and Panchayat Samitis.
(3) Notwithstanding anything in sub-section (1), a Zilla Parishad shall not undertake or
execute any scheme confined to a block unless the implementation of such a scheme
is beyond the competence of the Panchayat Samiti concerned financially or otherwise.
In the latter case the Zilla Parishad may execute the scheme itself or entrust its
execution to the Panchayat Samiti and give it such assistance as may be required:
2
Provided that a Zilla Parishad 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
Panchayat Samiti has jurisdiction.
(4) A Zilla Parishad may undertake or execute any scheme if it extends to more than
one block.
Section : 154
Key Word : Zilla Parishad to have powers of Magistrate in district to which the
Vaccination Act extends. (Part IV-Zilla Parishad -Chapter XIV – Powers,functions
and duties of Zilla Parishad. -Section -154)
In a district to which the Bengal Vaccination Act, 1880, has been, or may
hereafter be extended, the Zilla Parishad shall exercise all or any of the powers
exercisable by the Magistrate of the district under section 25 of the said Act.
Section : 155
Key Word : State Government may place other property under Zilla Parshad.
(Part IV-Zilla Parishad -Chapter XIV – Powers,functions and duties of Zilla
Parishad. -Section -155)
The State Government may from time to time, with the consent of the Zilla Parishad,
place any road, bridge, ferry, channel, building or other property vested in the State
Government and situated within the district under the control and management of the
Zilla Parishad subject to such conditions as it may specify:
1
Provided that the State Government may, after considering the views of the Zilla
Parishad, withdraw such control and management to itself subject to such conditions as it
may specify.
Section : 156
Key Word : Control and maintenance of roads to the State Government or
Panchayat Samiti. (Part IV-Zilla Parishad -Chapter XIV – Powers,functions and
duties of Zilla Parishad. -Section -156) Control and maintenance of roads to the
State Government or Panchayat Samiti. (Part IV-Zilla Parishad -Chapter XIV –
Powers,functions and duties of Zilla Parishad. -Section -156)
The State Government may, notwithstanding any thing contained in the Bengal
Municipal Act, 1932, direct, after consultation with the commissioners of a municipality,
that the control and maintenance of any road part of which runs through a municipality
and is vested in the commissioners of such municipality shall be taken over by the Zilla
Parishad and that the commissioners of such municipality shall make such contribution
for the maintenance of the road as may be agreed upon or as may be fixed by the State
Government in the absence of agreement. On such direction being given the
commissioners of the municipality shall cease to control and maintain such portion of the
road as lies within such municipality.
Section : 157
Key Word : Zilla Parishad may take over works. (Part IV-Zilla Parishad -Chapter
XIV – Powers,functions and duties of Zilla Parishad. -Section -157) Zilla Parishad
may take over works. (Part IV-Zilla Parishad -Chapter XIV – Powers,functions and
duties of Zilla Parishad. -Section -157)
A Zilla Parishad 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.
Section : 158
Key Word : Power of Zilla Parishad to divert,discontinue or close road. (Part IVZilla
Parishad -Chapter XIV – Powers,functions and duties of Zilla Parishad. –
Section -158) Power of Zilla Parishad to divert,discontinue or close road. (Part IVZilla
Parishad -Chapter XIV – Powers,functions and duties of Zilla Parishad. –
Section -158)
A Zilla Parishad 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.
Section : 159
Key Word : Power of Zilla Parishad to transfer roads to State Government or
Panchayat Samiti. (Part IV-Zilla Parishad -Chapter XIV – Powers,functions and
duties of Zilla Parishad. -Section -159)
A Zilla Parishad may transfer to the State Government, the commissioners of a
municipality, Panchayat Samiti or a Gram Panchayat any road or part of a road or
any other property which is under its control or management or which is vested in it,
on such terms and conditions as may be agreed upon.
Section : 160
Key Word : Vesting of Zilla Parishad with certain powers. (Part IV-Zilla Parishad –
Chapter XIV – Powers,functions and duties of Zilla Parishad. -Section -160)
(1) A Zilla Parishad 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 Zilla Parishad shall perform such functions as may be transferred to it by
notification under section 31 of the Cattle-trespass Act, 1871.
(3) A Zilla Parishad 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.
Section : 161
Key Word : Joint execution of schemes by two or more Zilla Parishad. (Part IVZilla
Parishad -Chapter XIV – Powers,functions and duties of Zilla Parishad. –
Section -161) Joint execution of schemes by two or more Zilla Parishad. (Part IVZilla
Parishad -Chapter XIV – Powers,functions and duties of Zilla Parishad. –
Section -161)
The Zilla Parishads of two or more adjacent districts may jointly undertake and execute
at common cost any development scheme or project or may jointly establish a common
ferry on such terms and conditions as may be agreed upon, and in case of any difference
as to the interpretation of such terms and conditions the matter shall be referred to the
State Government whose decision shall be final.
Section : 162
Key Word : Power of Zilla Parishad to grant licence for fair or mela. (Part IVZilla
Parishad -Chapter XIV – Powers,functions and duties of Zilla Parishad. –
Section -162) Power of Zilla Parishad to grant licence for fair or mela. (Part IVZilla
Parishad -Chapter XIV – Powers,functions and duties of Zilla Parishad. –
Section -162)
A Zilla Parishad may require the owner or the lessee of a fair or mela or an owner or a
lessee of land intending to hold a fair or mela thereon to obtain a license in this behalf
from the Zilla Parishad on such terms and conditions as may be prescribed and on
payment of a fee for such license.
Section : 163
Key Word : Power of supervision by Zilla Parishad over the Panchayat Samiti,etc.
(Part IV-Zilla Parishad -Chapter XIV – Powers,functions and duties of Zilla
Parishad. -Section -163) Power of supervision by Zilla Parishad over the Panchayat
Samiti,etc. (Part IV-Zilla Parishad -Chapter XIV – Powers,functions and duties of
Zilla Parishad. -Section -163)
(1) A Zilla Parishad shall exercise general powers of supervision over Panchayat
Samitis and Gram Panchayats in the district and it shall be the duty of these authorities to
give effect to any directions of the Zilla Parishad1
* * *.
(2) 2A Zilla Parishad may—
(a) inspect, or cause to be inspected, any immovable property used or occupied by a
Panchayat Samiti under it or any work in progress under the direction of the
Panchayat Samiti,
(b) inspect or examine, or depute an officer to inspect or examine, any department of
the Panchayat Samiti, or any service, work or thing under the control of the
Panchayat Samiti,
(c) inspect or cause to be inspected utilisation of funds in respect of schemes or
programmes assigned to the Panchayat Samiti by the State Government for execution
either directly or through the Zilla Parishad,
(d) require a Panchayat Samiti, 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.
(3) 1Notwithstanding anything contained in the foregoing provisions of this
section or elsewhere in this Act, a Zilla Parishad may—
(a) require a Panchayat Samiti or Gram Panchayat to take into consideration any
objection which appears to it to exist to the doing of anything which is about to be
done or is being done by such Panchayat Samiti or Gram Panchayat or any
information which appears to it to necessitate the doing of anything by such
Panchayat Samiti or Gram Panchayat within such period as it may fix;
(b) direct a Panchayat Samiti or Gram Panchayat to discharge any duty under this Act
within a specified period if such Panchayat Samiti or Gram Panchayat fails to discharge
such duty in accordance with the provisions of this Act and, if such duty is
not discharged within the period as aforesaid, appoint any person or persons or authority
to discharge such duty and direct that the expenses thereof shall be paid by the
Panchayat Samiti or the Gram Panchayat concerned within such period as it may fix:
Provided that such person or persons or authority shall, for the purpose of
discharging the duty as aforesaid, exercise such of the powers under this
Act as might have been exercised by the Panchayat Samiti or the Gram
Panchayat concerned while discharging such duty;
(c) direct a Panchayat Samiti or Gram Panchayat to levy any tax, toll, fee or rate, if it
fails to do so in accordance with the provisions of this Act;
(d) call for meetings of a Panchayat Samiti or any of its Sthayee Samitis or a Gram
Panchayat if no meeting of such Panchayat Samiti or Sthayee Samiti or Gram
Panchayat is held in accordance with the provisions of this Act or the rules made
thereunder,
(4) 1When a Zilla Parishad takes any action or issues any direction in respect of
any Gram Panchayat, such action may be taken and such direction may be
issued through and with the assistance of the Panchayat Samiti having
jurisdiction.
(5) 1A Panchayat Samiti or Gram Panchayat, as the case may be, may appeal to
the State Government against any direction under clause (b) of sub-section (3)
within thirty days from the date of such direction, and the decision of the State
Government on such appeal shall be final.
2
163A.
(1) Every Zilla Parishad shall have a Zilla Sansad consisting of the following
members:—
(a) Pradhans of all Gram Panchayats,
(b) Sabhapatis, Sahakari Sabhapatis and Karmadhyakshas of all Panchayat
Samitis comprising the Zilla Parishad,
(c) and all members of that Zilla Parishad.
(2) A Zilla Parishad shall hold an annual and a half-yearly meeting of such
Sansad at such time and place in such manner, as may be prescribed.
(3) One-tenth of the total number of members shall form a quorum for a
meeting of a Zilla 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 Zilla Sansad shall be presided over by the Sabhadhipati
and in his absence by the Sahakari Sabhadhipati of the Zilla Parishad.
(5) The Zilla Sansad shall guide and advise the Zilla Parishad for all matters
relating to development including preparation of annual plan and budget,
implementation of development programmes, schemes or projects and
undertaking such activities for economic development and for ensuring social
justice as are undertaken or proposed to be undertaken by Zilla Parishad:
Provided that for such guidance and advice, any member of the Zilla 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 Zilla Parishad 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 deliberation, recommendations and observations passed in the
meeting of the Zilla Sansad, shall be considered in [he meeting of Zilla Parishad as soon
as possible within one month from the date of meeting of the Zilla Sansad and the
decision of the Zilla Parishad along with the action-taken report shall be placed in the
next meeting of the Zilla Sansad,-
Section : 164
Key Word : Exemption of Sabhadhipati and members of Zilla Parshad from
attending registration office. (Part IV-Zilla Parishad -Chapter XIV –
Powers,functions and duties of Zilla Parishad. -Section -164)
Notwithstanding anything contained in the Registration Act, 1908, or any rules
made thereunder, the registering officer shall, on the requisition of the Sabhadhipati
made in writing and under the common seal of the Zilla Parishad, register a document
executed by the Sabhadhipati or a member of the Zilla Parishad on behalf of the Zilla
Parishad without requiring the presence of the Sabhadhipati or the member concerned at
the registration office.
Section : 165
Key Word : Powers,functions and duties of Sabhadhipati and Sahakari
Sabhadhipati. (Part IV-Zilla Parishad -Chapter XIV – Powers,functions and duties
of Zilla Parishad. -Section -165) Powers,functions and duties of Sabhadhipati and
Sahakari Sabhadhipati. (Part IV-Zilla Parishad -Chapter XIV – Powers,functions
and duties of Zilla Parishad. -Section -165)
(1) The Sabhadhipati shall—
(a) be responsible for the maintenance of the records of the Zilla Parishad;
(b) have general responsibility for the financial and executive administration of the Zilla
Parishad;
(c) exercise administrative supervision and control over all officers and other
employees of the Zilla Parishad and the officers and employees whose services may
be placed at the disposal of the Zilla Parishad 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 Zilla
Parishad under this Act or the rules made thereunder:
Provided that the Sabhadhipati 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 discharge by the Zilla
Parishad at a meeting;
(e) exercise such other powers, perform such other functions and discharge such other
duties as the Zilla Parishad may, by general or special resolution, direct or as the
State Government may, by rules made in this behalf, prescribe.
1
Explanation— For the purpose of discharge of responsibilities and exercise of
administrative supervision and control, the Sabhadhipati shall rely on the
Executive Officer referred to in section 166 and shall generally act through
him.
(2) The Sahakari Sabhadhipati shall—
(a) exercise such of the powers, perform such of the functions and discharge
such of the duties of the Sabhadhipati as the Sabhadhipati 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 Sabhadhipati may at any time withdraw the powers and
functions delegated to the Sahakari Sabhadhipati;
(b) during the absence of the Sabhadhipati, exercise all the powers, perform
all the functions and discharge all the duties of the Sabhadhipati;
(c) 2
exercise such other powers, perform such other functions, and discharge such other
duties as the Zilla Parishad may, by general or special resolution, direct or as the State
Government may, by rules made in this behalf prescribe.
Section : 166
Key Word : Staff of the Zilla Parishad. (Part IV-Zilla Parishad -Chapter XV –
Establishment of the Zilla Parishad. -Section -166) Staff of the Zilla Parishad. (Part
IV-Zilla Parishad -Chapter XV – Establishment of the Zilla Parishad. -Section -166)
(1) There shall be an Executive Officer for a Zilla Parishad appointed by the State
Government on such terms and conditions as may be prescribed:
Provided that any person so appointed shall be recalled by the State Government if a
resolution to that effect is passed by the Zilla Parishad, at a meeting specially convened
for the purpose, by a majority of the total number of members holding office for the time
being.
(1A) The State Government may appoint an Additional Executive Officer for a Zilla
Parishad on such terms and conditions as may be prescribed:
Provided that any person so appointed shall be recalled by the State Government if a
resolution to that effect is passed by the Zilla Parishad, at a meeting specially convened
for the purpose, by a majority of the total number of members holding office for the time
being.
1
(1B) The Additional Executive Officer shall, subject to the provisions of this Act,
exercise such powers, perform such functions, and discharge such duties, of the
Executive Officer as the State Government may, from time to time, direct.
(2) 2
The State Government may appoint a Secretary for a Zilla Parishad on such terms
and conditions as may be prescribed.
(3) 3
[Subject to such rules as may be made by the State Government, a Zilla Parishad]
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 Zilla Parishad without the prior approval of the State
Government.
4
Provided further that subject to the decision of the Zilla Parishad, the orders relating to
appointment and other service matters concerning any post under the Zilla Parishad shall
be issued by or on behalf of the Executive Officer.
(4) 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 Zilla Parishad.
Section : 167
Key Word : Placing the services of State Government officers at the disposal of the
Zilla Parishad. (Part IV-Zilla Parishad -Chapter XV – Establishment of the Zilla
Parishad. -Section -167)
The State Government may place at the disposal of the Zilla Parishad the services of
such officers or other employees serving under it 6
[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 Zilla Parishad, 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.
Section : 168
Key Word : Control and punishment of the staff of the Zilla Parishad. (Part IVZilla
Parishad -Chapter XV – Establishment of the Zilla Parishad. -Section -168)
(1) The Executive Officer shall exercise general control overall officers and other
employees of the Zilla Parishad.
(2) The Executive Officer may award any punishment other than dismissal, removal or
reduction in rank to an officer or employee 1
[of a Zilla Parishad].
(3) The Executive Officer may recommend the dismissal, removal or reduction in rank
of an officer or employee 2
[of a Zilla Parishad] to the 3
[Artha, Sanstha, Unnayan O
Parikalpana] Sthayee Samiti and such Samiti shall forward the case to the Zilla Parishad
with its own recommendation. The Zilla Parishad may, if it is satisfied with such
recommendation of the 3
[Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti,
dismiss, remove or reduce in rank any such officer or employee.
(4) No officer or other employee 4
[of a Zilla Parishad] shall be punished by the Zilla
Parishad except by a resolution of the Zilla Parishad passed at a meeting.
Section : 169
Key Word : Appeal. (Part IV-Zilla Parishad -Chapter XV – Establishment of the
Zilla Parishad. -Section -169)
(1) An appeal shall lie to the Zilla Parishad against an order of punishment
awarded by the Executive Officer under sub-section (2) of section 168 within
one month from, the date of that order.
(2) An appeal shall lie to the State Government against an order of punishment
awarded by the Zilla Parishad under sub-section (5) or (4) of section 168
within one month from the date of that order.
Section : 170
Key Word : Exercise of powers,etc.,by the officers and employees. (Part IV-Zilla
Parishad -Chapter XV – Establishment of the Zilla Parishad. -Section -170) Exercise
of powers,etc.,by the officers and employees. (Part IV-Zilla Parishad -Chapter XV –
Establishment of the Zilla Parishad. -Section -170)
Subject to the provisions of this Act and 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 the Zilla Parishad and the officers and other employees whose
services have been placed at the disposal of the Zilla Parishad shall exercise such powers,
perform such functions and discharge such duties as the Zilla Parishad may determine.
Section : 171
Key Word : Sthayee Samiti. (Part IV-Zilla Parishad -Chapter XVI – Sthayee
Samiti of the Zilla Parishad. -Section -171)
(1) A Zilla Parishad shall have the following Sthayee Samitis, namely:—
(i) l
[Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti;
(ii) 2
[Janasasthya O Paribesh\ Sthayee Samiti]
(iii) Purta Karya 3
[O Paribahan] Sthayee Samiti;
(iv) Krishi Sech O Samabaya Sthayee Samiti;
(v) 4
Shiksha, Sanskriti; Tathya O Krira] Sthayee Samiti;
(vi) 5
[Sishu O Nan Unnayan, Janakalyan O Tran\ Sthayee Samiti;
6
(via) Ban O Bhumi Sanskar Sthayee Samiti;
6
(vib) Matsya O Prani Sampad Bikash Sthayee Samiti;
6
(vic) Khadya O Sarbaraha Sthayee Samiti;
6
(vid) 7Khudra Shilpa, Bidyut O Achiracharit Shakti] Sthayee Samiti;
(vii) such other Samiti or Samitis as the Zilla Parishad may, subject to the
approval of the State Government, constitute.
(2) A Sthayee Samiti shall consist of the following members, namely:—
(a) the Sabhadhipait 8
[and Sahakari Sabhadhipati] ex officio;
(b) 9
[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 Zilla Parishad from among themselves;
1
(ba) in Artha Sanstha Unnayan O Parikalpana Sthayee Samiti,
Karmadhyakshas elected in other Sthayee Samitis as referred to in
sub-section (1), shall be members ex officio and no member shall be
elected in the manner referred to in clause (b);
1
(bb) Leader of the recognized political party in opposition having largest
number of members in the Zilla Parishad in comparison with other
recognized political parties in opposition, shall be a member of the
Artha, Sanstha, Unnayan O Parikalpana Sthayee Samiti;
1
(bc) one member from each recognized political party in opposition shall
be a member of the Sthayee Samiti other than 2
[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 Zilla Parishad shall be the member of the
Sthayee Samiti placed higher in the consecutive order in sub-section (1):
Provided further that if the member of recognized 3
[political] parties in
opposition is less than the number of Sthayee Samitis, the independent
candidates in opposition in Zilla Parishad 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 member 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 the
Zilla Parishad, 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 two
Sthayee Samitis if in a term of general election, not more than four members
in opposition, either representing a recognized political party or independent,
are elected in the Zilla Parishad:
Provided also that the members of the recognized political party shall jointly
decide and intimate the Executive Officer of the Zilla Parishad by a letter
under signature of all such members, the name of the member or members
who shall represent the party as member 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 Zilla Parishad as early as
possible in the next meeting.
1
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 the
Sabhapati 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) 2
such number of persons being officers of the State Government or of
any statutory body or corporation or being eminent persons having
specialised knowledge as the Sate Government may think fit, appointed by
the Stale Government:
Provided that such officers shall not be eligible for election as
Karmadhyaksha of the Sthayee Samiti and shall not have any right to vote.
(3) 3No person, other than the Sabhadhipati or the Sahakari Sabhadhipati, shall
be a member of more than two 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 4
[five
years] or for so long as he continues to be a member of the Zilla Parishad,
whichever is earlier.
(5) The meeting of the Sthayee Samiti shall be held 5
[in the Office of the Zilla
Parishad] at such time 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
Zilla Parishad.
(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 casual vacancy.
Section : 172
Key Word : Karmadhyaksha and Secretary. (Part IV-Zilla Parishad -Chapter XVI
– Sthayee Samiti of the Zilla Parishad. -Section -172)
(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 members referred to in 1
[clauses (i), (iii) and (iv)] of subsection
(2) of section 140 shall not be eligible for such election:
Provided further that the Sabhadhipati shall be the ex officio Karmadhyaksha
of the 2
[Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti:
3
Provided also 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 whole time 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.
4
* * * * * *
(3) The Secretary of the Zilla Parishad shall act as Secretary 5
[to the Artha,
Sanstha, Unnayan O Parikalpana Sthayee Samiti]:
‘Provided that the members referred to in clauses 2
\(a), (b), (ba), (bb) and (bc)]
of sub-section (2) of section 171 of a Sthayee Samiti may select, in such
manner 3
[as may be determined by the Sthayee Samiti in conformity with
such directions 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:
4
Provided further that pending the selection of Secretary to a Sthayee Samiti
under this clause or during any casual vacancy, in the post of the Secretary to
a Sthayee Samiti, the Secretary of the Zilla Parishad shall act as Secretary to
such Sthayee Samiti
(4) 5
The Secretary to each Sthayee Samiti shall, in consultation with the
Karmadhyaksha, convene the meetings of that Sthayee Samiti.
(5) 6Notwithstanding anything contained in section 165 or elsewhere in this Act,
the Karmadhyaksha shall—
(a) be responsible for the financial and executive administration in respect of
the schemes and programmes 7
[under the purview and control of the
Sthayee Samiti within the budgetary provisions of the Zilla Parishad,];
(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 the
Zilla Parishad and to enter on and inspect any immovable property of the
Zilla Parishad 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 Zilla Parishad;
(d) exercise such other powers, perform such other functions and discharge
such other duties, as the Zilla Parishad may, by general or special
resolution, direct or as the State Government may, by rules made in this
behalf, prescribe.
(6) 1
The Karmadhyaksha shall be paid out of the Zilla Parishad 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 the State
Government may by order direct or may by rules made in this behalf,
prescribe.
(7) 1Notwithstanding anything to the contrary contained in this Act, the State
Government may, by an order in writing, remove a Karmadhyaksha from his
office if, in its opinion, 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, due performance of
his functions or due discharge of his duties:
Provided that the State Government shall, before making any such order, give
the person concerned an opportunity of making representation against the
proposed order.
Section : 173
Key Word : Resignation. (Part IV-Zilla Parishad -Chapter XVI – Sthayee Samiti of
the Zilla Parishad. -Section -173) Resignation. (Part IV-Zilla Parishad -Chapter
XVI – Sthayee Samiti of the Zilla Parishad. -Section -173)
The Karmadhyaksha or any other member of a Sthayee Samiti may resign his office by
giving notice in writing to the Sabhadhipati and on such resignation being accepted by
the Zilla Parishad the Karmadhyaksha of such member shall be deemed to have vacated
his office.
Section : 174
Key Word : Casual Vacancy. (Part IV-Zilla Parishad -Chapter XVI – Sthayee
Samiti of the Zilla Parishad. -Section -174)
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
2
[the members of the Zilla Parishad 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.
Samanway Samiti of office bearers and Karmadhyakshas
174A. [Samanway Samiti.—Omitted by the 15 of the West Bengal Panchayat
(Amendment) Act, 2003 (West Ben. Act VIU of 2003).].
Chapter XVII
Property and Fund of Zilla Parishad
Section : 175
Key Word : Power to acquire,hold and dispose of property. (Part IV-Zilla
Parishad -Chapter XVII – Property and Fund -Section -175) Power to acquire,hold
and dispose of property. (Part IV-Zilla Parishad -Chapter XVII – Property and
Fund -Section -175)
A Zilla Parishad shall have the power to acquire, hold and dispose of property and to
enter into contracts: Provided that in all cases of acquisition or disposal of immovable
property the Zilla Parishad shall obtain the previous approval of the State Government
Section : 176
Key Word : Works constructed by a Zilla Parishad to vest in it. (Part IV-Zilla
Parishad -Chapter XVII – Property and Fund -Section -176)
All roads, buildings or other works constructed by a Zilla Parishad with its own
funds shall vest in it.
Section : 177
Key Word : Allocation of properties to Zilla Parishad. (Part IV-Zilla Parishad –
Chapter XVII – Property and Fund -Section -177) Allocation of properties to Zilla
Parishad. (Part IV-Zilla Parishad -Chapter XVII – Property and Fund -Section -177)
The State Government may allocate to a Zilla Parishad any public property
situated within its jurisdiction, and thereupon, such property shall vest in and come under
the control of the Zilla Parishad.
Section : 178
Key Word : Acquisition of land for Zilla Parishad. (Part IV-Zilla Parishad –
Chapter XVII – Property and Fund -Section -178)
Where a Zilla Parishad requires land to carry out any of the purposes of this Act, it may
negotiate with the person or persons having interest in the said land, and if it fails to reach
an agreement, it may make an application to the Collector for the acquisition of the land
and the Collector may, if he is satisfied that the land is required for a public purpose, take
steps to acquire the land under the provisions of the Land Acquisition Act, 1894, and
such land shall, on acquisition, vest in the Zilla Parishad.
Section : 179
Key Word : Zilla Parishad Fund. (Part IV-Zilla Parishad -Chapter XVII –
Property and Fund -Section -179) Zilla Parishad Fund. (Part IV-Zilla Parishad –
Chapter XVII – Property and Fund -Section -179)
(1) For every Zilla Parishad there shall be constituted a Zilla Parishad Fund
bearing the name of the Zilla Parishad and there shall be placed to the credit
thereof —
(a) contributions and grants, if any, made by the Central or the State
Government including such part of land revenue collected in the State as
may be determined by the State Government;
(b) contributions and grants, if any, made by a Panchayat Samiti or any other
local authority;
(c) loans, if any, granted by the Central or State Government or raised by
the Zilla Parishad on security of its assets;
(d) the proceeds of road cess and public works cess levied in the district;
(e) all receipts on account of tolls, rates and fees levied by the Zilla
Parishad;
(f) all receipts in respect of any schools, hospitals, dispensaries, buildings,
institutions or works, vested in, constructed by or placed under the control
and management of, the Zilla Parishad;
(g) all sums received as gift or contribution and all income from any trust or
endowment made in favour of the Zilla Parishad;
(h) such fines or penalties imposed and realised under the provisions of this
Act or of the bye-laws made thereunder, as may be prescribed;
(i) money, if any, lying to the credit of the district Chowkidary reward fund
constituted under section 25 of the Bengal Village Self-Government Act,
1919, the control over which rests with the District Magistrate, shall be
credited by the District Magistrate to the Zilla Parishad Fund;
(j) all other sums received by or on behalf of the Zilla Parishad.
1
Explanation— A Zilla Parishad shall not receive to the credit of its fund—
(a) any loan from any individual, severally or jointly, or any member or
office bearer of the Zilla Parishad, and
(b) any gift or contribution from any individual, severally or jointly, or
any member or office bearer of the Zilla Parishad save and except, in
pursuance of a resolution adopted in a meeting of the Zilla Parishad
accepting such gift or contribution and stating the purpose for which
such gift or contribution is offered and accepted.
(2) Every Zilla Parishad shall—
(i) set a part and apply annually such sum as may be required to meet the cost
of its own administration including the payment of salary, allowances, provident fund
and gratuity to the officers and employees and to the Executive Officer, 2
[the
Additional Executive Officer, the Secretary or the Deputy Secretary;]
(ii) allocate the money received under clause (i) of sub-section (1) among the
Gram Panchayats of the district concerned.
(3) Every Zilla Parishad shall have the power to spend such sums as it thinks fit
for carrying out the purposes of this Act.
(4) The Zilla Parishad Fund shall be vested in the Zilla Parishad and the
amount standing to the credit of the fund shall be kept in such custody or
invested in such manner as the State Government may, from time to time,
direct.
(5) Subject to such general control as the Zilla Parishad may exercise, from
time to time, all orders and cheques for payment from the Zilla Parishad Fund
shall be 1
[signed by the Executive Officer, or if authorised by the Executive
Officer 2
(by the Additional Executive Officer, the Secretary or the Deputy
Secretary
Section : 180
Key Word : Proceeds of roads cess and public works cess to be cerdited to the Zilla
Parishad Fund. (Part IV-Zilla Parishad -Chapter XVII – Property and Fund –
Section -180)
Notwithstanding anything to the contrary in the Cess Act, 1880, the proceeds of road cess
and public works cess, if any, levied and realised in a district shall be credited to the Zilla
Parishad Fund after payment of the expenses mentioned in section 109 of the said Act.
Section : 181
Key Word : Levy of tolls,fees and rates. (Part IV-Zilla Parishad -Chapter XVII –
Property and Fund -Section -181) Levy of tolls,fees and rates. (Part IV-Zilla
Parishad -Chapter XVII – Property and Fund -Section -181)
(1) Subject of such maximum rates as the State Government may prescribe, a
Zilla Parishad may—
(a) levy tolls on persons, vehicles or animals or any class of them at any
toll-bar established by it on any road other than a kutcha road or any
bridge vested in it or under its management;
(b) levy tolls in respect of any ferry established by it or under its
management;
(c) levy the following fees and rates, namely:—
(i) fees on the registration of boats or vehicles;
(ii) a fee for providing sanitary arrangements at such places of worship or
pilgrimage, fairs and melas within its jurisdiction as may be specified by the State
Government by notification;
(iii) a fee for license referred to in section 162;
(iv) a water-rate, where arrangement for the supply of water for drinking,
irrigation or any other purpose is made by the Zilla Parishad within its jurisdiction;
(v) a lighting rate, where arrangement for lighting of public streets and places is
made by the Zilla Parishad within its jurisdiction.
(2) The Zilla Parishad shall not undertake registration of any vehicle or levy fee
therefor and shall not provide sanitary arrangements at places of worship or
pilgrimage, fairs and melas within its jurisdiction or levy fee therefor if such
vehicle has already been registered by any other authority under any law for
the time being in force or if such provision for sanitary arrangement has
already been made by any other local authority.
(3) The scales of lolls, fees or rates and the terms and conditions for the
imposition thereof shall be such as may be provided by bye-laws, Such byelaws
may provide for exemption from all or any of the tolls, fees or rates in
any class of cases.
Section : 182
Key Word : Zilla Parishad may raise loans and create a sinking fund. (Part IV-Zilla
Parishad -Chapter XVII – Property and Fund -Section -182)
A Zilla Parishad may, subject to the provisions of any law relating to the raising
of loans by local authorities for the time being in force, raise from time to time, with the
approval of the State Government, loans for the purposes of this Act and create a sinking
fund for the repayment of such loans. 1
182A. Notwithstanding anything contained in
section 182, a Zilla Parishad may borrow money from the State Government or2
* * * *
from banks or other financial institutions, for furtherance of its objective on the basis of
specific schemes as may be drawn up by the Zilla Parishad for the purpose.
Section : 183
Key Word : Budget od the Zilla Parishad. (Part IV-Zilla Parishad -Chapter XVII –
Property and Fund -Section -183)
(1) Every Zilla Parishad shall, at such time and in such manner as may be
prescribed, prepare in each year a budget of its estimated receipts and
disbursements for the following year3
* * * *
(2)
(a) The budget prepared under sub-section (1) shall be written in English and
in vernacular of the district and copies of the budget in both the languages
shall be posted in such prominent places within the district as may be
prescribed, inviting objections and suggestions from the electors of the
Zilla Parishad.
(b) Copies of the budget shall be forwarded to the State Government for
views, if any.
(c) The Zilla Parishad shall, within such time as may be prescribed and in a
meeting specially convened for the purpose and in the presence of at least
half of the existing members, consider the objections, suggestions and
views, if any, and approve the budget with modifications, if any.
(d) A copy of the budget approved under clause (c) shall be forwarded to the
State Government.
(3) No expenditure shall be incurred unless the budget is approved by 1
[under
clause (c) of sub-section (2)].
Section : 184
Key Word : Supplementary budget. (Part IV-Zilla Parishad -Chapter XVII –
Property and Fund -Section -184) Supplementary budget. (Part IV-Zilla Parishad –
Chapter XVII – Property and Fund -Section -184)
(1) 2
The Zilla Parishad may prepare in each year a supplementary estimate providing
for any modification of its budget and 2
[may approve it in a meeting specially convened
for the purpose and in the presence of at least half of the existing members] within such
time and in such manner as may be prescribed.
(2) 3A copy of the supplementary estimate as approved under subsection (1) shall be
forwarded to the State Government.
Section : 185
Key Word : Accounts. (Part IV-Zilla Parishad -Chapter XVII – Property and
Fund -Section -185)
A Zilla Parishad shall keep such accounts and in such manner as may be prescribed.
Special provision for the District of Darjeeling
4
185A.
(1) With effect from the date of coming into office of the Council, the Zilla
Parishad for the district of Darjeeling constituted under this Act shall stand
dissolved and the members of the Zilla Parishad shall be deemed to have
vacated their offices forthwith.
(2) Upon such dissolution of the Zilla Parishad, the Council shall exercise all the
powers, discharge all the duties and perform all the functions of the Zilla
Parishad under this Act.
(3) Notwithstanding anything contained in sub-section (7) of this section or
elsewhere in this Act,—
(a) anything done or any action taken by the Zilla Parishad under this Act
prior to the coming into office of the Council, and
(b) all rules, orders, bye-laws and notifications made or issued from time to
time under the provisions of the West Bengal Panchayat Act, 1957, or the
West Bengal Zilla Parishads Act, 1963, or this Act, applicable to the Zilla
Parishad, and continuing in force immediately before the coming into
office of the Council, shall, after such coming into office, continue in
force in so far as they are not inconsistent with the provisions of the
Darjeeling Gorkha Hill Council Act, 1988 until they are repealed or
amended.
(4) Notwithstanding anything contained in section 29 of the Darjeeling Gorkha
Hill Council Act, 1988, the properties, funds and liabilities of the Zilla
Parishad and the officers and employees of the Zilla Parishad holding office
immediately before the coming into office of the Council, shall be determined
and apportioned between the Council and the Mahakuma Parishad in such
manner as may be prescribed, and such determination and apportionment shall
be final.
(5) An order made under sub-section (4) may contain such supplemental,
incidental and consequential provisions as may be necessary to give effect to
such re-organisation.
(6) 1Notwithstanding anything to the contrary contained in this Act or in any
other law for the time being in force,—
(a) no executive power referred to in section 24 of the Darjeeling Gorkha
Hill Council Act, 1988, shall be exercised by a Gram Panchayat or
Panchayat Samiti in the hill areas unless the Council assigns such power
to such Gram Panchayat or Panchayat Samiti, as the case may be, on such
terms and conditions as the Council may, by general or special direction,
specify, and
(b) the State Government shall not assign any power, function or duty in
relation to any matter, referred to in section 207B or in any other provision
of this Act, to any Gram Panchayat or Panchayat Samiti in the hill areas
without prior consultation with the Council and, on transfer of such
power, function or duty, the Council shall have power and authority to
issue any direction, and adopt any measure, for supervision and
monitoring with respect to the exercise of such power, performance of
such function and discharge of such duty by the Gram Panchayat or the
Panchayat Samiti, as the case may be.
1
185B.
(1) For the sub-division of Siliguri in the district of Darjeeling the State
Government shall constitute a Mahakuma Parishad bearing the name of the
sub-division.
(2) The Mahakuma Parishad shall comprise the areas of the blocks within the
sub-division excluding such mouzas of the sub-division as are comprised in
the hill areas.
(3) The Mahakuma Parishad shall consist of the following members, namely:—
(i) Sabhapatis of the Panchayat Samitis within the sub-division, ex officio;
(ii) 2
[such number of persons, not exceeding three, as may be prescribed on the
basis of the n umber of voters in each B lock within the sub-division, the Block being
divided 3
(by the prescribed authority) for the purpose into constituencies in the
prescribed manner,] elected by secret ballot, at such time and in such manner as may
be prescribed, 4
[from amongst the persons, whose names are included in the electoral
roll 5
(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,) pertaining to any Block
within the area of Mahakuma Parishad, by persons whose names are included in such
electoral roll pertaining to the constituency comprised in such Block;]:
6
Provided that seats shall be reserved for the Scheduled Castes and the
Scheduled Tribes in a Mahakuma Parishad area 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 portion to the total number of seats in that
Mahakuma Parishad to be filled up by election as the population of
the Scheduled Castes in that Mahakuma Parishad area or of the
Scheduled Tribes in that Mahakuma Parishad area, as the case may
be, bears to the total population of that Mahakuma Parishad area and
such seats shall be subjected 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 Mahakuma Parishad area, as the case may be, bears with the total
population in that Mahakuma Parishad area:
1
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:
1
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 the Mahakuma Parishad 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:
1
Provided also that notwithstanding anything contained in the
foregoing provisions of this sub-section 2
* * * *, when the number of
members to be elected to the Mahakuma Parishad is determined, or
when seats are reserved for the Scheduled Castes and the Scheduled
Tribes in the Mahakuma Parishad, 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:
1
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 the Mahakuma
Parishad, be disqualified for election to any seat not so reserved:
3
Provided also that such division into constituencies shall be made in
such manner that the ratio between the population of all the Blocks in
the Mahakuma Parishad and the number of constituencies in the
Mahakuma Parishad shall, so far as practicable, be the same as in any
Zilla Parishad:
1
Provided also that the State Election Commissioner may, at any time,
for reasons to be recorded in writing 2
f, issue an order making fresh
determination], of the number of members in the Mahakuma Parishad
or fresh reservation on rotation of the number of constituencies in the
Mahakuma Parishad and, on such order being issued by the State
Election Commissioner, the determination of the number of members
and the reservation of the number of constituencies shall not be varied
for ‘[the next] three successive general elections:
1
Provided also that the provisions for reservation of seats 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 India;
(iii) members of the House of the People and the Legislative Assembly of the
State elected thereto from a constituency comprising the sub-division or any part
thereof (excluding the part comprised in the hill areas), not being Ministers;
(iv) members of the Council of States, not being Ministers, 4
[registered as
electors within the area of any Block] in the sub-division (excluding the place
emprised in the hill areas).
(4) The Mahakuma Parishad 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.
(5) The Mahakuma Parishad shall be a body corporate having perpetual
succession and a common seal and shall by its corporate name sue and be
sued.
(6) Notwithstanding anything contained in this Act,—
(a) anything done or any action taken by the Zilla Parishad under this
Act prior to the coming into office of the Mahakuma Parishad, and
(b) all rules, orders, bye-laws and notifications made or issued from time
to time under the provisions of the West Bengal Panchayat Act, 1957,
or the West Bengal Zilla Parishads Act 1963, or this Act, applicable to
the Zilla Parishad, and continuing in force immediately before the
coming into office of the Mahakuma Parishad under this Act, shall,
after such coming into office, be applicable to the Mahakuma
Parishad and shall continue in force in so far as they are not
inconsistent with the provisions of this Act until they are repealed or
amended.
(7)
(a) The Mahakuma Parishad shall have a Sthayee Samiti, namely, Artha,
Sanstha, Unnayan O Parikalpana Sthayee Samiti.
(b) The Mahakuma Parishad may have such other Sthayee Samiti or
Samitis as it may, subject to the approval of the State Government,
constitute.
(c) A Sthayee Samiti shall consist of the following members:—
(i) the Sabhadhipati 1
[and the Sahakari Sabhadhipati], ex officio;
(ii) three persons to be elected in the prescribed manner by the members of the
Mahakuma Parishad from among themselves;
(iii) 2
such number of persons, being Officers of the State Government or of any
statutory body or corporation or being eminent persons have specialised knowledge,
as the State Government may think fit, appointed by the State Government. ,
(d) No person, other than the Sabhadhipati or the Sahakari
Sabhadhipati, shall be a member of more than two Sthayee Samitis,
(e) All the provisions of sub-sections (4) to (7) of section 171 and
sections 172 to 174 shall apply mutatis mutandis to a Sthayee Samiti
constituted under this section.
(8) All the provisions of sections 141 to 152, 153 to 165, 166 to 170, 175 to 185,
186 to 196, 196A, 196B, 197, 197A, 197B, 198 to 202, 202A, 203 to 216, 220
to 221 and 223 shall apply to the Mahakuma Parishad mutatis mutandis.

Part V
Chapter XVIII
Audit
Section : 186
Key Word : Audit of accounts of fund. (Part V-Chapter XVIII – Audit -Section –
186)
(1) The accounts of the funds of a Gram Panchayat, a Panchayat Samiti or a
Zilla Parishad shall be examined and audited by an auditor appointed in that
behalf by the State Government at such time and place, to such extent and in
such manner as the State Government may prescribe.
(2) An auditor appointed under this section shall be deemed to be a public
servant within the meaning of section 21 of the Indian Penal Code.

Section : 187
Key Word : Submission of accounts to audit. (Part V-Chapter XVIII – Audit –
Section -187)
The Pradhan, the Sabhapati or the Sabhadhipati, as the case may be, shall produce, or
cause to be produced, to the auditor all such accounts of the fund of the Gram Panchayat,
the Panchayat Samiti or the Zilla Parishad concerned as may be required by the auditor
Section : 188
Key Word : Power of auditors. (Part V-Chapter XVIII – Audit -Section -188)
(1) 1
For the purposes of an audit under this Act an auditor may—
(i) require in writing the production before him of any document or the supply
of any information which he considers to be necessary for the proper conduct of the
audit;
(ii) require in writing the personal appearance before him of any person
accountable for, or having the custody or control of, any such document, or having,
directly or indirectly and whether by himself or his partner, any share or interest in
any contract made with, by or on behalf of, the members of the Gram Panchayat, the
Panchayat Samiti or Zilla Parishad concerned; and
(iii) require any person so appearing before him to make and sign declaration in
respect of any such document of to answer any question or prepare and submit any
statement.
(2) 1
If any person neglects or refuses to comply with the requisition made by the
auditor under sub-section (1), the auditor may, at any time, refer the matter
to the Sub-divisional Officer in the case of a Gram Panchayat, or the District
Magistrate in the case of a Panchayat Samiti, or the Divisional Commissioner
in the case of a Zilla Parishad, having jurisdiction, and thereupon the Subdivisional
Officer or the District Magistrate or the Divisional Commissioner,
as the case may be, shall be competent to issue such direction to the person
neglecting or refusing to comply with the requisition made by the auditor as
he may think fit, and such direction shall be binding on such person.
Section : 189
Key Word : Penalty.(Part V-Chapter XVIII – Audit -Section -189)
Any person who neglects or refuses to comply with the requisition made by the
auditor under section 188, within such time as may be specified, shall, on conviction by a
Court, be punishable with a fine which may extend to one hundred rupees is respect of
each item included in the requisition.
Section : 190
Key Word : Audit report. (Part V-Chapter XVIII – Audit -Section -190)
(1) Within two months from the date on which an audit under this Act is
completed, the auditor shall prepare a report and shall send the report to the
Pradhan, the Sabhapati or the Sabhadhipati, as the case may be, of the Gram
Panchayat, the Panchayat Samiti or the Zilla Parishad and a copy thereof to
the State Government.
(2) The auditor shall append to his report a statement showing—
(a) the grants-in-aid received by the Gram Panchayat, the Panchayat Samiti
or the Zilla Parishad and the expenditure incurred therefrom;
(b) any material impropriety or irregularity which he may observe in the
expenditure or in the recovery of the monies due to the Gram Panchayat,
the Panchayat Samiti or the Zilla Parishad or in the accounts of the Gram
Panchayat, the Panchayat Samiti or the Zilla Parishad Fund;
(c) any loss or wastage of money or other property owned by or vested in the Gram
Panchayat, the Panchayat Samiti or the Zilla Parishad
Section : 191
Key Word : Action on audit report. (Part V-Chapter XVIII – Audit -Section -191)
(1) Within two months from the receipt of the report referred to in section 190,
the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned
shall, at a meeting, remedy any defect or irregularity pointed out in the report
and shall also inform the auditor of the action taken by it. The Gram
Panchayat, the Panchayat Samiti or the Zilla Parishad concerned shall give
reasons or explanations in case any defect or irregularity is not removed.
(2) If, within the period referred to in sub-section (1), no information is received
by the auditor from the Gram Panchayat, the Panchayat Samiti, or the Zilla
Parishad concerned or if the reasons or explanations given by it for not
remedying any defect or irregularity as aforesaid is not considered sufficient
by the auditor, the auditor shall if he has not already exercised or does not
propose to exercise the powers conferred upon him by section 192, 1
[refer the
matter to Sub-divisional Officer in the case of a Gram Panchayat, or the
District Magistrate in the case of a Panchayat Samiti, or the Divisional
Commissioner in the case of a Zilla Parishad, having jurisdiction, and
thereupon the Sub-divisional Officer or the District Magistrate or the
Divisional Commissioner, as the case may be, shall issue such direction to the
Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, as
he may think fit.]
1
(2A) If within thirty days from the date of issue of any direction under subsection
(1), no information is received from the Gram Panchayat or the
Panchayat Samiti or the Zilla Parishad, as the case may be, or if the
reasons or explanations given by it for not removing the defect or
irregularity pointed out in the report referred to in section 190 are not
considered sufficient, the Sub-divisional Officer or the District
Magistrate or the Divisional Commissioner, as the case may be, shall—
(i) specially convene a meeting of the Gram Panchayat, the Panchayat Samiti
or the Zilla Parishad, as the case may be, by giving seven days’ notice to the
members for discussion of the report as aforesaid, and may appoint an observer for
such meeting who shall submit a report on the proceedings of the meeting in writing,
duly signed by him, within a week of such meeting;
(ii) refer the matter to the State Government with his recommendation for
appropriate action under section 192A, section 196B, section 213 or section 214, as
the case may be:
Provided that the Sub-divisional Officer or the District Magistrate
or the Divisional Commissioner, as the case may be, may make
recommendations under all or any of the sections 192A, 196B, 213
and 214.
(3) It shall be competent for the State Government to pass such orders thereon as
it may think fit. The orders of the State Government shall, save as provided in
sections 192 and 193, be final and the Gram Panchayat, the Panchayat Samiti
or the Zilla Parishad concerned shall take action in accordance therewith.
(4) If the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad
concerned fails to comply with the order within the period specified therein,
the State Government may appoint a person to carry out the order, and may
determine the remuneration payable to such person, and may direct that such
remuneration and any cost incurred in carrying out the order shall be paid
from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla
Parishad concerned.
(5) A person appointed under sub-section (4) shall, for the purpose of carrying out the
order, exercise any of the powers, which might have been exercised by the concerned
Gram Panchayat, Panchayat Samiti or Zilla Parishad.
Section : 192
Key Word : Power of auditor to surcharge,ect. (Part V-Chapter XVIII – Audit –
Section -192) Power of auditor to surcharge,ect. (Part V-Chapter XVIII – Audit –
Section -192)
192. (1) The auditor, after giving the person concerned to submit an explanation within a
time to be specified by him and after considering any such explanation, shall disallow
every item of account contrary to law and surcharge the same on the person making or
authorizing the making of the illegal payment, and shall charge against any person
responsible for the amount of any loss incurred by the negligence or misconduct of that
person, and shall, in every such case, certify the amount due from such person: Provided
that the auditor may in his discretion waive the surcharge or charge in cases where the
amount involved does not exceed twenty- five rupees.
(2) For the purposes of this section any member of a Gram Panchayat, a Panchayat
Samiti or a Zilla Parishad, as the case may be, or of a Sthayee Samiti of a Panchayat
Samiti or a Zilla Parishad who is present at a meeting at which a motion or resolution is
passed authorising any expenditure which is subsequently disallowed under sub-section (/)
or authorising any action which results in any such expenditure, shall be deemed to be a
person authorising such expenditure if his dissent is not recorded in the proceedings. All
such persons shall be held jointly and severally liable for such expenditure.
(3) The auditor shall record in writing his reasons for every disallowance, surcharge and
charge made under sub-section (1) and shall, in such manner as may be prescribed, send a
certificate of the amount due and a copy of the reasons for his decision to the person in
respect of whom the certificate is made, and shall also furnish copies thereof to the
Pradhan, the Sabhapati or the Sabhadhipati, as the case may be, and the State
Government.
(4) The State Government may, of its own motion and within one year from the receipt
by it of the copy of the certificate, set aside or modify any disallowance, surcharge or
charge and any certificate in respect thereof made by the auditor.
Section : 193
Key Word : Appeal. (Part V-Chapter XVIII – Audit -Section -193) Appeal. (Part
V-Chapter XVIII – Audit -Section -193)
(1) Any person from whom any sum has been certified by the auditor to be due
under section 192 may, within two months of the receipt by him of the
certificate, appeal to the State Government to set aside or modify the
disallowance, surcharge or charge in respect of which the certificate was made
and the State Government may pass thereon such orders as it thinks fit, and
such orders shall be final.
(2) Where a person referred to in sub-section (2) of section 192, who has been
surcharged as authorising an illegal expenditure, appeals to the State
Government under this section, the State Government shall set aside such
surcharge if it is proved to its satisfaction that such person voted for the
resolution or motion in good faith.
Section : 194
Key Word : Payment of certified sums. (Part V-Chapter XVIII – Audit -Section –
194) Payment of certified sums. (Part V-Chapter XVIII – Audit -Section -194)
(1) The sum certified by the auditor to be due from any person under section 192
or where an appeal is made under sub-section (1) of section 193, such sum as
may be ordered by the State Government to be due from such person shall,
within two months of the date of certification, or order, as the case may be, be
paid by such person to the Gram Panchayat, the Panchayat Samiti or the Zilla
Parishad concerned which shall credit the sum to the fund of the Gram
Panchayat, the Panchayat Samiti or Zilla Parishad concerned.
(2) Any sum not paid in accordance with the provisions of subsection (1) shall
be recoverable as a public demand and the Collector of the district shall, for
the purposes of section 4 of the Bengal Public Demands Recovery Act, 1913,
be deemed to be the person to whom such demand is payable.
(3) The Collector of the district shall pay to the Gram Panchayat, the Panchayat
Samiti or the Zilla Parishad concerned any sum recovered by him under subsection
(2).
Section : 195
Key Word : Certain costa and expences payble out of funds. (Part V-Chapter XVIII
– Audit -Section -195)
(1) All expenses incurred by the Gram Panchayat, the Panchayat Samiti or the
Zilla Parishad concerned in complying with any requisition of the auditor
under section 188 and in prosecuting an offender under section 189 shall be
paid from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla
Parishad concerned.
(2) All expenses incurred by the Collector of the district in connection with the
proceedings for recovery of any sum under sub-section (2) of section 194
from a person, if not recovered from the person, shall be paid from the fund of
the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned.
(3) If the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad
concerned fails to pay expenses referred to in sub-sections (1) and (2) within
such period as may be determined by the State Government in this behalf, the
State Government may attach the fund of the Gram Panchayat, the Panchayat
Samiti or the Zilla Parishad concerned or any portion thereof.
(4) After such attachment no person except an officer appointed in this behalf by
the State Government shall in any way deal with the attached fund or portion
thereof, but such officer may do all such acts in respect thereof, as the Gram
Panchayat, the Panchayat Samiti or the Zilla Parishad concerned referred to
in sub-section (1) might have done if the attachment had not taken place, and
may apply the proceeds of the fund in satisfaction of the expenses due, the
interest accruing in respect of such expenses and any additional expenses
resulting from the attachment and any subsequent proceedings:
Provided that no such attachment shall defeat or prejudice any charge or debt for which
the fund attached was previously liable in accordance with law but all such prior charges
and debt shall be paid out of the proceeds of the fund before any part of the proceeds of
the fund is applied to the satisfaction of the costs and expenses payable to the State
Government under this section.
Section : 196
Key Word : Certain expences not chargeable to funds without previous sanction.
(Part V-Chapter XVIII – Audit -Section -196)
The members of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad
concerned shall not without the previous sanction of the State Government incur
any expenditure from the fund of the Gram Panchayat, the Panchayat Samiti or
the Zilla Parishad concerned in connection with any appeal or proceedings
against surcharge, in respect of which a certificate is issued by the auditor.
1
196A. Notwithstanding anything contained in section 186, the accounts of the funds of a
Gram Panchayat, a Panchayat Samiti or a Zilla Parishad shall be organised,
examined and audited periodically by an officer appointed in this behalf by the
State Government in such manner as the State Government may direct.
1
196B. Notwithstanding anything contained in sections 186 and 196A, the State
Government may issue direction for special audit of the Accounts of the funds of
a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad by such authority as
the State Government may direct.
Section : 197
Key Word : Oath or affirmation. (Part VI-Chapter XIX. – Miscellaneous -Section –
197)
Every member of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad
other than a member referred to in 2
[clauses (i) and (iii) of sub-section (2) of
section 94 and clauses (i), (iii) and (iv) of subsection (2) of section 140] shall
before taking his seat make and subscribe before such authority as may be
specified by the Slate Government in this behalf, an oath or affirmation according
to the form set out for the purpose in the Third Schedule,
1
197A. Notwithstanding anything to the contrary contained in this Act,—
(a) if at a general election of members in Gram Panchayat, Panchayat Samiti or
Zilla Parishad, poll in any constituency is countermanded or cannot be held,
or, if held, the result of such election cannot be declared for any reason within
such period as it considers reasonable, the State Government may, if it finds
that at least two-thirds of total number of members for that Gram Panchayat,
Panchayat Samiti or Zilla Parishad, as the case may be, 2
****** have been
elected and are competent to assume office, notify the constitution of such
Gram Panchayat, Panchayat Samiti or Zilla Parishad, in the manner provided
in this Act and the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as
the case may be, shall be deemed to have been constituted under section 4,
section 94 or section 140, respectively;
(b) the name of any member of a Gram Panchayat, Panchayat Samiti or Zilla
Parishad subsequently elected shall be notified in the Official Gazette and
such member shall be entitled to assume office and remain a member for the
unexpired period of 3
[five years] referred to in subsection (1) of section 7,
sub-section (1) of section 96 or sub-section (1) of section 141, respectively.
4
197B.
(1) Notwithstanding the provisions contained in sections 7, 96 and 141, if at any
time the whole of the area of a constituency of a Gram Panchayat, a
Panchayat Samiti or a Zilla Parishad is included in a municipality, 5
* * * * or
Town Committee or a Cantonment, the member elected from such
constituency to the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as
the case may be, shall, as from the date of such inclusion, cease to be a
member of the Gram Panchayat, Panchayat Samiti or Zilla Parishad
concerned.
(2) If for inclusion of whole of, the area of a constituency or constituencies of a
Gram Panchayat in a municipality 1
* * * * or a Town Committee or a
Cantonment under sub-section (1), the number of members of a Gram
Panchayat falls short of the number referred to in sub-section (2) of section 4,
the Gram Panchayat shall continue to function in accordance with the
direction of the State Government till its reconstitution or unification with
another Gram Panchayat under clause (d) of sub-section (3) of section 3.
Section : 198
Key Word : Validation. (Part VI-Chapter XIX. – Miscellaneous -Section -198)
No act or proceeding of a Gram Panchayat, a Panchayat Samiti or a Zilla
Parishad, shall be deemed to be invalid merely by reason of the existence of any vacancy
in the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, or any
defect or irregularity in the constitution thereof.
Section : 199
Key Word : Members,officers and employees to be public servants. (Part VIChapter
XIX. – Miscellaneous -Section -199)
All members, officers and employees of the Gram Panchayat, Panchayat Samiti and
Zilla Parishad shall be deemed, when acting or purporting to act in pursuance of the
discharge of their duties, or in the exercise of their powers under this Act or under the
rules or bye-laws made thereunder, to be public servants within the meaning of section 21
of the Indian Penal Code.
Section : 200
Key Word : Indemnity. (Part VI-Chapter XIX. – Miscellaneous -Section -200)
No suit or other legal proceeding shall lie against a Gram Panchayat, a Panchayat Samiti,
a Zilla Parishad or against any member thereof or any officer or employee for anything
in good faith done or intended to be done in pursuance of this Act or of any rules or byelaws
made thereunder.
Section : 201
Key Word : Reference of dispute. (Part VI-Chapter XIX. – Miscellaneous -Section
-201)
(1) If any dispute arises between two or more Gram Panchayats within the
jurisdiction of the same Panchayat Samiti, if shall be referred to the
Panchayat Samiti by any party to the dispute and the decision of the
Panchayat Samiti thereon shall be final.
(2) If any dispute arises between two or more Panchayat Samitis or between
two or more Gram Panchayats within the jurisdiction of different Panchayat
Samitis or between a Panchayat Samiti and a Gram Panchayat, within the
jurisdiction of the same Zilla Parishad, it shall be referred to the Zilla
Parishad by any party to the dispute and the decision of the Zilla Parishad
thereon shall be final.
(3) If any dispute arises—
(a) between a Gram Panchayat or a Panchayat Samiti within a district on
the one side and the Zilla Parishad of the same district on the other, or
(b) between two or more Zilla Parishads, or
(c) between one or more Gram Panchayats in one district on the one side
and one or more Gram Panchayats in another district on the other, or
(d) between one or more Panchayat Samitis in one district on the one side
and one or more Panchayat Samitis in another district on the-other, or
(e) between one or more Gram Panchayats in one district on the one side
and one or more Panchayat Samitis in another district on the other, or
(f) between one or more Gram Panchayats in one district on the one side
and the Zilla Parishad of another district on the other, or
(g) between one or more Panchayat Samitis in one district on the one side
and the Zilla Parishad of another district on the other,
the dispute shall be referred to the State Government by any party to the
dispute and the decision of the State Government thereon shall be final.
Section : 202
Key Word : (Omitted.)
[(Bar of Simultaneous candidature for election.)—Omitted by s. 17 of the West
Bengal Panchayat (Amendment) Act, 2003 (West Ben. Act VIII of 2003)].
1
202A. A member—
(a) of a Gram Panchayat on being elected a member of a Panchayat Samiti
or a Zilla Parishad,
(b) of a Panchayat Samiti on being elected a member of a Gram Panchayat
or a Zilla Parishad,
(c) of a Zilla Parishad on being elected a member of a Gram Panchayat of
a Panchayat Samiti,
(d) of a Nyaya Panchayat on being elected a member of a Gram Panchayat
or a Panchayat Samiti or a Zilla Parishad,
shall cease to be the member of the Gram Panchayat or the Nyaya Panchayat or
the Panchayat Samiti or the Zilla Parishad, as the case may be, with effect from
the date on which he is declared elected to the Gram Panchayat, Panchayat
Samiti or Zilla Parishad, as the case may be, and shall continue to be a member of
the Gram Panchayat or the Panchayat Samiti or the Zilla Parishad, as the case
may be, to which he is elected.
Section : 203
Key Word : (Omitted.) : (Omitted.)

[(Elections.)—Omitted by s. 18 of the West Bengal Panchayat (Amendment) Act,
2003 (West Ben. Act VIII of 2003)].
Section : 204
Key Word : (Omitted.) : (Omitted.)
[(Disputes as to Election.)—Omitted by s. 19 of the West Bengal Panchayat
(Amendment) Act, 2003 (West Ben. Act VIII of 2003)].
Section : 205
Key Word : Inspection. (Part VI-Chapter XIX. – Miscellaneous -Section -205)
(1) The State Government shall appoint a Director of Panchayats and such
other officers as it may consider necessary for the purpose of inspecting
or superintending the work of all, or any class of, Gram Panchayat,
Panchayat Samitis or Zilla Parishads.
(2) An officer appointed to inspect or superintend the work of a Gram
Panchayat, Panchayat Samiti or Zilla Parishad may at any time—
(a) inspect or cause to be inspected any immovable property used or
occupied by the Gram Panchayat, Panchayat Samiti or Zilla Parishad
or any work in progress under the direction of the Gram Panchayat,
Panchayat Samiti or Zilla Parishad;
(b) inspect or examine, or depute any other officer of the Government to
inspect or examine, any department of the Gram Panchayat,
Panchayat Samiti or Zilla Parishad or any service, work or thing
under the control of the Gram Panchayat, Panchayat Samiti or Zilla
Parishad;
(c) require, for the purposes of inspection or examination, the Gram
Panchayat, Panchayat Samiti or Zilla Parishad—
(i) to produce any book, record, correspondence, plan or other document,
or
(ii) to furnish any return, plan, estimate, statement, accounts or statistics,
or
(iii) to furnish or obtain any report or information.
(3) The Divisional Commissioner or any other officer not below the rank of
a ‘[Joint Block Development Officer of The Block] when authorised by
the State Government in this behalf, may exercise all or any of the powers
conferred on an inspecting officer under sub-section (2).
(4) When an inspection of a Gram Panchayat, Panchayat Samiti or Zilla
Parishad is undertaken by any officer referred to in sub-section (3), a
report of such inspection shall be submitted by such officer to the State
Government.
Section : 206
Key Word : Delegation. (Part VI-Chapter XIX. – Miscellaneous -Section -206)
The State Government may, by notification, delegate, subject to such conditions as it may
specify all or any of its powers under this Act except the powers mentioned in section
224 to any person or authority subordinate to it.
1
206A.
(1) 2As soon as may be after the commencement of the West Bengal Panchayat
(Amendment) Act, 1994, and thereafter at the expiry of every five years, there
shall be a Finance Commission constituted by the Governor, by notification,
under clause (1) of article 243-1 of the Constitution of India which shall
consist of not more than five members including the Chairman, selected from
amongst the jurists, economists, administrators and social and political
workers of eminence.
(2) The Finance Commission shall review the financial position of the
3
[Panchayats] and shall make recommendations as to —
(a) the principles which should govern —
(a) the distribution between the State and the \Panchayats] of the net
proceeds of taxes, duties, tolls and fees leviable by the State, which may
be divided between them, and the allocation between the \Panchayats] at
all levels of their respective shares of such proceeds;
(b) the determination of taxes, duties, tolls and fees which may be assigned
to, or appropriated by, the 3
[Panchayats];
(c) the grants-in-aid to the 3
[Panchayats] from the Consolidated Fund of
the State;
(b) any other matter referred to the Finance Commission by the 4
[Governor]
in the interest of sound finance of the 3
[Panchayats\.
(3) The Chairman and the other members of the Finance Commission shall hold
office for one year and 5
[the term of office may be extended for six months at
a time by the State Government by notification, and they shall be paid such
fees and allowances as the State Government may, by order, determine.]
(4) The Chairman or any other member of the Finance Commission may resign
his office by writing under his hand addressed to the Chief Secretary to the
Government of West Bengal, but he shall continue in office until his
resignation is accepted by the State Government.
(5) 1
The Finance Commission shall, in the performance of its functions,
determine its own procedure, and exercise such powers, summon such persons
and examine such records as may be prescribed.
(6) 2
The Governor, on receipt of the recommendations of the Finance
Commission, shall take such actions as may be considered necessary, and the
recommendations of the Finance Commission together with an explanatory
memorandum of actions taken thereon, shall be laid for not less than fourteen
days before the State Legislature as soon as possible after such
recommendations are received and shall be accepted with such modifications
as the State Legislature may make during the session in which they are so laid.
(7) The State Government may appoint a Secretary for the Finance Commission
and such other officers and employees as that Government may think
necessary, and may determine the salaries of the Secretary and the other
officers and employees.
Section : 207
Key Word :Transfer of institution.(Part VI-Chapter XIX. – Miscellaneous -Section –
207)
(1) The State Government may transfer any institution under its management or
control to a Zilla Parishad or a Panchayat Samiti or a Gram Panchayat
subject to such conditions, limitations and restrictions as may be agreed upon.
(2) When any institution is transferred under sub-section (1), persons employed
by the State Government shall with effect from the date of such transfer be
deemed to be employed by the Zilla Parishad or Panchayat Samiti or Gram
Panchayat to which such institution is transferred, on terms and conditions,
not being less advantageous than what they were entitled to immediately
before such transfer.
5
207A.
(1) Notwithstanding anything to the contrary contained in this Act or in any
other law for the time being in force,—
(a) upon the issue of any direction to any Gram Panchayat, Panchayat
Samiti or Zilla Parishad to exercise any power or perform any function or
discharge any duty, or
(b) upon the transfer to any Gram Panchayat, Panchayat Samiti or Zilla
Parishad of any function, or control and management of any property,
under any provisions of this Act, the State Government shall, subject to such
conditions as it may deem fit to impose, place at the disposal of the Gram
Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, the
services of such officers and employees as may be necessary to enable it to
exercise such power or perform such function or discharge such duty, as the
case may be.
(2) The officers and employees whose services are so placed at the disposal of
the Gram Panchayat, Panchayat Samiti or Zilla Parishad, shall continue to be
the employees of the State Government and their salary, allowances and other
benefits shall be met from the Consolidated Fund of the State:
Provided that where any disciplinary or other action is required to be taken
against any such officer or employee, the Gram Panchayat, Panchayat Samiti
or Zilla Parishad, as the case may be, shall make a reference to the State
Government for appropriate action.
(3) Where any power or function or duty is conferred or imposed on any Gram
Panchayat, Panchayat Samiti or Zilla Parishad by or under any other law for
the time being in force, such law shall have effect as if this section had formed
a part of such law, and thereupon such law shall be deemed to have been
amended accordingly.
‘207B.
(1) Without prejudice to the generality of the provisions contained in section 207
or elsewhere in this Act, the State Government may, by order published in the
Official Gazette, transfer, under such terms and conditions as may be specified
in the order, to a Panchayat such powers, functions and duties as are exercised,
performed and discharged by the State Government under any law made by
the State Legislature or otherwise under the executive power of the State in
relation to any or all of the following matters:—
(i) agriculture including agricultural extension, agricultural marketing and food
processing;
(ii) irrigation, minor irrigation and water management;
(iii) animal resources development;
(iv) health and family welfare;
(v) public health engineering and rural water supply;
(vi) social welfare, women and child development, welfare of handicapped,
mentally retarded and weaker sections of people;
(vii) land and land reforms, land improvement and soil conservation;
(viii) co-operation;
(ix) khadi, and cottage and small scale industries;
(x) rural housing;
(xi) public works and communications;
(xii) education including primary and secondary schools, technical training,
vocational education, libraries and cultural activities;
(xiii) fisheries;
(xiv) social forestry, farm forestry and minor forest-produce; (xv) rural
electrification including distribution of power and non-conventional energy sources;
(xv) poverty alleviation programme;
(xvi) public distribution system.
(2) Upon the transfer of any powers, functions or duties under subsection (7), the
State Government shall allot to the Panchayat such fund and personnel as may
be necessary to enable that Panchayat to exercise the powers, perform the
functions or discharge the duties so transferred.
(3) here any powers, functions or duties conferred by or under any other law for
the time being in force, are transferred or delegated to a Panchayat, such law
shall have effect as if this section had formed a part of such law, and
thereupon such law shall be deemed to have been amended accordingly.
Section : 208
Key Word : Period of limitation for suits. (Part VI-Chapter XIX. – Miscellaneous
-Section -208)
Notwithstanding anything contained in the Limitation Act, 1963, the period of limitation
for the institution of any suit by or on behalf of a Gram Panchayat, a Panchayat Samiti or
a Zilla Parishad for the possession of any immovable property vested in such Gram
Panchayat, Panchayat Samiti or Zilla Parishad from which it has been dispossessed or of
which it has ceased to have possession shall be sixty years from the date of dispossession
or discontinuance.
Section : 209
Key Word : Power of State Government to rescind or suspend resolution of a Gram
Panchayat,Panchayat Samiti or Zilla Parishad. (Part VI-Chapter XIX. –
Miscellaneous -Section -209)
(1) The State Government may, by order in writing, rescind any resolution
passed by a Gram Panchayat, Panchayat Samiti or Zilla Parishad, if in its
opinion such resolution—
(a) has not been legally passed, or
(b) is in excess or abuse of the powers conferred by or under this Act or any
rules made thereunder.
(2) The State Government shall, before taking any action under sub-section (1),
give the Gram Panchayat, Panchayat Samiti or Zilla Parishad concerned an
opportunity of making any representation against the proposed order.
(3) The prescribed authority may, by order, in writing suspend the execution of
any resolution or order of a Gram Panchayat, Panchayat Samiti or Zilla
Parishad or prohibit the doing of any act which is about to be done or is being
done, in pursuance of, or under cover of, this Act or any rules made
thereunder, if in his opinion the resolution, or order or act is in excess ‘[or an
abuse] of the powers conferred by or under this Act or any rules made
thereunder, or the execution of the resolution or order, or the doing of the act,
is likely to lead to serious breach of the peace or to cause serious injury or
annoyance to the public, or to any body of persons.
(4) When the prescribed authority makes an order under sub-section (3), he shall
forthwith forward a copy thereof, with a statement of his reason for making it,
to the State Government, who may thereupon rescind the order or direct that it
shall continue in force with or without modification, permanently or for such
period as it thinks fit.
Section : 210
Key Word : (Omitted.)
[(Appointment of members by State Government.)—Omitted by s. 35 of the West Bengal
Panchayat (Amendment) Act, 1992 (West Ben. Act XVII of 1992)].
Section : 211
Key Word : Power of State Planning Board and the District Planning Committee.
(Part VI-Chapter XIX. – Miscellaneous -Section -211)
The State Planning Board and the District Planning Committee shall have power to
supervise and evaluate the works of any Gram Panchayat, Panchayat Samiti or Zilla
Parishad.
Section : 212
Key Word : Directions by State Government. (Part VI-Chapter XIX. –
Miscellaneous -Section -212) Directions by State Government. (Part VI-Chapter
XIX. – Miscellaneous -Section -212)
In the discharge of their functions the Gram Panchayat, the Panchayat Samiti and the
Zilla Parishad shall be guided by such instructions or directions as may be given to them
by the State Government from time to time in conformity with the provisions of this Act.
Section : 213
Key Word : Power of remove Pradhan,Upa-Pradhan,Sabhapati,Sahakari
Sabhapati,Sabhadhipati and Sahakari Sabhadhipati. (Part VI-Chapter XIX. –
Miscellaneous -Section -213) Power of remove Pradhan,UpaPradhan,Sabhapati,Sahakari
Sabhapati,Sabhadhipati and Sahakari Sabhadhipati.
(Part VI-Chapter XIX. – Miscellaneous -Section -213)
(1) The State Government may, notwithstanding anything contained in 2
[sub-section (3),
of section 9], sub-section (3) of section 93 and sub-section (3) of section 143, by an
order in writing, remove with effect from a date to be specified in the order any
Pradhan or Upa-Pradhan, any Sabhapati or Sahakari Sabhapati or any Sabhadhipati
or Sahakari Sabhadhipati from his office if, in its opinion, he willfully omits or
refuses to carry out the provisions of this Act or of any rules or orders made
thereunder or abuses the powers vested in him under this Act.
(2) The State Government shall, before making any order under subsection (1) give to
the person concerned an opportunity of making a representation against the proposed
order.
1
213A.
(1) Notwithstanding anything to the contrary contained in this Act or in any
other law for the time being in force, the prescribed authority for such
Panchayat as may be specified by notification in this behalf, may, subject to
the other provisions of this section, declare, for reasons to be recorded in
writing, a member of such Panchayat to be disqualified for being a member
thereof, if—
(a) he is an elected member set up by a recognised political party and has—
(i) voluntarily given up his membership of such recognised political party, or
(ii) exercised the voting right contrary to the manner of voting of the majority
members set up by such recognised political party in such Panchayat; or
(b) he is an elected member not set up by any recognised political party and
he has joined a recognised political party on the expiry of six months from
the date of election:
Provided that the prescribed authority shall not declare any member to be
disqualified under this section without giving to such member a reasonable
opportunity to represent his case and to be heard in person:
Provided further that an elected member referred to in sub-clause (ii) of
clause (a) shall not, on the prescribed authority being satisfied in this
behalf, be declared to be disqualified, if—
(a) the action of such member was taken on obtaining prior permission of, or
was condoned by, such recognised political party, or
(b) such member claims that he and any other members of such recognised
political party in the Panchayat constitute a group representing a faction
consisting of not less than one-third of the total number of members set up
by such recognised political party in the Panchayat and that all the
members of such group have voluntarily given up their membership of
such recognised political party, or
(c) the former recognised political party of the member merges with another
recognised political party, and he claims that he and other members of his
former recognised political party, or
(i) have become members of such other recognised political party or of a new
recognised political party formed out of merger, as the case may be, or
(ii) have not accepted the merger, and from the lime of such merger, he and
such other members constituting not less than one-third of the total number of
members set up by the former recognised political party in the Panchayat, have opted
to remain members of the former recognised political party or have formed a new
recognised political party.
(2) On being declared to be disqualified under sub-section (1), a member shall,
subject to the provisions of sub-section (12), stand removed from the
Panchayat from the date of such declaration.
(3) As soon as may be within one month from the date of the first meeting of a
Panchayat or within one month from the date on which this section comes
into force, as the case may be, elected members set up by the recognised
political parties shall, by adopting a resolution, select one member from
amongst themselves to be the Leader and such Leader shall, within fifteen
days from the date of such selection, furnish to the prescribed authority
referred to in sub-section (1) —
(i) a copy of the resolution,
(ii) a signed statement containing the names, addresses and constituencies of
himself and other members set up by such recognised political party, and
(iii) a copy of a set of rules and regulations, if any, by whatever name called, of
such recognised political party:
Provided that an office-bearer may also hold the office of the Leader:
1
Provided further that the prescribed authority referred to in subsection
(1) shall not refuse to accept, or to rely on, the documents
furnished by the Leader merely on the ground that the resolution
selecting the Leader was not adopted within one month from the date
of the first meeting of the Panchayat or within one month from the
date on which this section comes into force, as the case may be, or that
the documents as aforesaid were not furnished to him within fifteen
days from the date of such selection.
(4) Where there is only one elected member set up by a recognised political
party in a Panchayat, he shall furnish the documents referred to in sub-section
(5) in relation to himself:
Provided that in the event of any increase in the number of members of such
recognised political party, the provisions of sub-section (3) shall apply as if
the first meeting of the Panchayat was held or this section came into force, as
the case may be, on the date on which such increase took place.
(5) A member not belonging to any recognised political party shall furnish a
statement to that effect to the prescribed authority referred to in sub-section (1)
within one month from the date of the first meeting of the Panchayat.
(6) In the event of any change of the information furnished under sub-section (3),
sub-section (4) or sub-section (5), the Leader or the member, as the case may
be, shall, as soon as may be within fifteen days from the date of such change,
furnish in writing such change of information to the prescribed authority
referred to in sub-section (1).
(7) The Leader of any recognised political party referred to in sub-section (3)
may at any time file a petition endorsed by the General Secretary, or, if there
is no General Secretary, the Secretary, of the district unit of such recognised
political party to the prescribed authority referred to in sub-section (7), stating
that—
(a) one or more members of such recognised political party have—
(i) voluntarily given up his or their membership of such recognised political
party, or
(ii) have exercised the voting right contrary to the manner of voting of the
majority members set up by such recognised political party in the Panchayat, or
(b) the member referred to in sub-section (4) has voluntarily given up his
membership of the recognised political party that set him up, or
(c) the member referred to in sub-section (5) has joined a recognised
political party on the expiry of six months from the date of election,
and that such member or members should be declared to be disqualified under
sub-section (7) and should be removed from the Panchayat.
(8) Every petition referred to in sub-section (7)—
(a) shall contain a concise statement of the material facts on which the
petitioner relies, and
(b) shall be accompanied by copies of the documentary evidence, if any, on
which the petitioner relies and, where the petitioner relies on any
information furnished to him by any person or persons, a statement
containing the names and addresses of such person or persons and the gist
of such information as furnished by such person or each of such persons.
(9) On receipt of the petitioner referred to in sub-section (7), the prescribed
authority referred to in sub-section (1) shall, as soon as possible within six
weeks from the date of the receipt of such petition, proceed to make an
enquiry to satisfy himself, among others, as to—
(a) the common decision in regard to the manner of voting to be exercised by
the majority members set up by the recognised political party, and
(b) whether the member or members against whom such petition is filed,
exercised the voting right, in a meeting of the Panchayat contrary to such
manner of voting.
(10) For the purpose of enquiry under sub-section (9), the prescribed
authority may summon such members of the recognised political party or
other persons, and require such signed statements from, and production of
such documents and records by, the members or other persons as aforesaid, as
he may deem necessary.
(11) As soon as possible within eight weeks from the date of receipt of the
petition referred to in sub-section (7), the prescribed authority shall, in
consideration of the facts and the documents and the records before it,—
(a) reject the petition, or
(b) admit the petition wholly or in part and declare any member or members
to be disqualified under sub-section (1) for being members of the
Panchayat.
(12) Any member of a Panchayat declared disqualified under subsection (1)
or the Leader of the recognised political party referred to in sub-section (7), if
aggrieved by the decision of the prescribed authority, 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 1
[after giving the
appellant and the opposite parties an opportunity of being heard, set aside or
confirm the order or declare any member or members to be disqualified in the
manner referred to in sub-section (1) and, upon such declaration, the member
or members shall stand removed from the Panchayat.]
(13) The order passed by the authority appointed under subsection (12) on
the appeal shall be final.
(14) Notwithstanding anything to the contrary contained in this Act or in
any other law for the time being in force, no court shall have any jurisdiction
in respect of any matter arising out of a member being declared to be
disqualified under sub-section (1) for being a member of the Panchayat.
(15) The State Government may, by notification, make rules for carrying
out the purposes of this section.
Explanation.—For the purposes of this section, an elected member shall be
deemed to be set up by a recognised political party if he has contested election
with the symbol reserved for such recognised political party or if he has
contested election with a free symbol and joins a recognised political party
and furnishes a declaration to that effect to the prescribed authority referred to
in sub-section (7) before the expiry of six months from the date of election.
1
213B.
(1) Notwithstanding anything to the contrary contained in this Act or in any
other law for the time being in force, the prescribed authority for such
Panchayat as may be specified by notification, may, after giving an office
bearer or member of such Panchayat an opportunity to show cause against
such action as may be proposed to be taken against him, place such office
bearer or member under suspension, if he—
(i) has, prima facie, been found to be guilty of criminal breach of trust or
criminal negligence or gross financial irregularity or impropriety in an inspection
report on audit of accounts and his suspension is necessary to prevent any likely delay
in further investigation or any tampering or destruction of records, or
(ii) has, in an inspection held by a competent authority, prima fade, been found
guilty of criminal breach of trust, financial irregularity, misuse or abuse of power for
wrongful gain or gross negligence of duty requiring penal action by a competent
authority and his suspension is necessary to prevent any likely delay in further
investigation or any tampering or destruction of records, or
(iii) 2
has been implicated in a proceeding commenced against him on any
criminal charge referred to in clause (h) of section 8, section 97 or section 142, as the
case may be, and in pursuance of such proceeding, either he has been detained in
custody for a period exceeding forty-eight hours or a charge in the precise
formulation of the specific accusation within the concept and meaning of the Code of
Criminal Procedure, 1973, has been framed against him in a competent court of law:
1
Provided that the prescribed authority immediately after placing the
office bearer under suspension, shall proceed to cause a full enquiry
into the accusations made against such office bearer and on completion
of such enquiry, may—
(a) institute a proceeding against him on a criminal charge under any
law for the time being in force,
(b) furnish a proposal to a competent authority recommending such
legal measures against him under the Act or any rule thereunder as
deemed appropriate, or
(c) revoke the order for suspension and reinstate him in his office
with such direction as may be deemed fit, if the prescribed
authority is of the opinion that there is reasonable ground to
believe that there has been an irregularity committed without proof
of any criminal intent and without any wrongful gain to him or any
wrongful loss to the Panchayat and on such reinstatement, such
office bearer shall be deemed to hold the charge of his office
without any interruption because of suspension,
(2) 2When an office bearer in a Panchayat is placed under suspension under subsection
(1)—
(a) subject to the provisions under clause (b), the other office bearer in such
Panchayat shall exercise the powers, perform the functions and discharge
the duties of the office bearer under suspension, under sub-section (4) or
sub-section (5) of section 9, section 98 or section 143, as the case may be,
(b) notwithstanding the provision under clause (a), such Panchayat may, by
majority decision of the existing members directly elected to that
Panchayat, in a meeting specially convened for the purpose, select a
person from among them not being an office bearer, to act temporarily in
place of the office bearer under suspension and on being so selected, he
shall exercise the powers, perform the functions and discharge the duties
of such office bearer until the office bearer placed under suspension is
reinstated in his office or is subsequently removed or vacates the office by
resignation or otherwise in conformity with the provisions of the Act and
the rules made thereunder;
Provided that the notice of such meeting shall be given by the office
bearer holding the charge with an intimation to the prescribed authority
referred to in first proviso to subsection (1) of section 16, section 105 or
section 150, as the case may be, and such prescribed authority may
appoint an observer for such meeting who shall submit to the prescribed
authority a report in writing within a week of the meeting on the
proceedings of the meeting.
(3) Any office-bearer or member, who is placed under suspension under subsection
(1), may within thirty days from the date of the order of suspension,
prefer an 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.
(4) The order passed by the authority as aforesaid on such appeal shall be final.
Section : 214
Key Word : Power of State Government to supersede a Gram Panchayat,Panchayat
Samiti or Zilla Parishad. (Part VI-Chapter XIX. – Miscellaneous -Section -214)
(1) If, in the opinion of the State Government, any Gram Panchayat, Panchayat
Samiti or Zilla Parishad—
(i) has shown its incompetence to perform or has persistently made default in
the performance of the duties imposed on it by or under this Act or any other law, or
(ii) has exceeded or abused its powers,
the State Government may, by order, to be published in the Official Gazette
stating the reasons therefor supersede the Gram Panchayat, Panchayat Samiti
or Zilla Parishad, as the case may be, and direct that it be reconstituted
1
[within such period not exceeding six months] as may be specified in the
order:
1
Provided that the members of the Gram Panchayat, Panchayat Samiti or
Zilla Parishad as reconstituted shall hold office for the unexpired portion of
the period for which the members of the Gram Panchayat, Panchayat Samiti
or Zilla Parishad, as the case may be, would have held office has the Gram
Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, not been
superseded.
(2) The State Government shall, before making any order under subsection (1),
give the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the
case may be, opportunity of making a representation against the proposed
order.
2
214A.
(1) There shall be a District Council for Panchayat in each district consisting of
the following members:—
(i) Adhyaksha or the Chairperson—the Leader of the recognised political party
in opposition having largest number of members directly elected with the reserved
symbol of such recognised political party in the Zilla Parishad or the Mahakuma
Parishad: Provided that if, in a term of general election, no member in opposition is
elected with the reserved symbol of a recognised political party in a Zilla Parishad or
Mahakuma Parishad, the Adhyaksha for that term shall be elected from amongst the
members, not being Sabhadhipati, Sahakari Sabhadhipait or Karmadhyaksha, by the
members of the Zilla Parishad or the Mahakuma Parishad, as the case may be, on
majority vote in a meeting;
(ii) Upadhyaksha or the Vice-Chairperson—to be elected from amongst the
members, not being the Sabhadhipati, Sahakari Sabhadhipati or Karmadhyaksha, by
the members of the Zilla Parishad or the Mahakuma Parishad, as the case may be, on
majority vote in a meeting;
(iii) five members elected by the members of the Zilla Parishad or the
Mahakuma Parishad, as the case may be, from amongst themselves;
(iv) three members, being officers of the Stale Government or of any statutory
body or corporation and having such specialised knowledge as the State Government
may think fit, nominated by the State Government;
(v) Additional Executive Officer of the Zilla Parishad or the Mahakuma
Parishad—Member-Secretary.
(2) Notwithstanding anything to the contrary contained in this Act or in any
other law for the time being in force, the functions of the District Council
shall be as follows:—
(a) to examine the accounts of the Panchayats within its territorial
jurisdiction, in relation to the budget approved by the Panchayats
concerned for the expenditure to be incurred by such Panchayats, the
annual report of such Panchayats and such other accounts of such
Panchayats as the District Council may think fit;
(b) to satisfy itself, while scrutinizing the accounts of the Panchayats, that—
(i) the moneys shown in the accounts as having been disbursed where legally
available for, and applicable to, the service or purpose to which they have been
applied,
(ii) the expenditure conforms to the rules governing such expenditure and also
the financial proprieties of such expenditure, and
(iii) every re-appropriation has been made in accordance with such rules as are
applicable;
(c) to consider the inspection reports on the annual audit of accounts of any
Panchayat within its jurisdiction, conducted by the auditors appointed
under section 186, and to examine the replies thereto furnished by the
respective Panchayats;
(d) to examine the accounts of stores and stocks maintained by the
Panchayats within the area of their respective jurisdictions;
(e) to pursue the matters relating to the unsettled objections raised in any
inspection report on audit of accounts of such Panchayats and refer such
matters to the authorities concerned suggesting corrective actions;
(f) to suggest ways and means to remove the difficulties, if any, experienced
by the Panchayats in giving effect to any provision of this Act or the rules
made thereunder within their respective jurisdictions.
(3) The term of office of the members of the District Council shall be for the
entire period of the term of office of the members of the Zilla Parishad, unless
a member of the District Council is restrained by any other provision of this
Act from continuing as a member of the Zilla Parishad.
(4) The District Council shall determine its own procedure and shall have the
right to obtain a copy of every inspection report on audit of accounts of any
Panchayat within the area of its jurisdiction and may call for any record of
any Panchayat within such area to be produced for its inspection.
(5) Without prejudice to the generality of the provisions in subsection (4), the
State Government may, be general or special order, provided for—
(a) the procedure for convening of the meetings of the District Council and
the procedure for the meetings,
(b) the powers and duties of the Secretary of the District Council,
(c) the terms of office of different members of the District Council and the
travelling allowances admissible to such members.
(6) Any elected or nominated member of the District Council may resign his
office as such member by tendering his resignation in writing to the
Sabhadhipati of the Zilla Parishad or the Mahakuma Parishad, as the case
may be, and such resignation shall take effect from the date on which it is
accepted by the Sabhadhipati.
(7) Any casual vacancy in the office of any member of the District Council shall
be filled in such manner as may be prescribed and the member elected or
nominated to fill such casual vacancy shall hold office for the unexpired
portion of the term of the Zilla Parishad.
Section : 215
Key Word : Consequenences of supersession. (Part VI-Chapter XIX. –
Miscellaneous -Section -215) Consequenences of supersession. (Part VI-Chapter
XIX. – Miscellaneous -Section -215)
(1) When an order of suppression has been passed under section 214 then with
effect from the date of the order—
(a) all the members of the Gram Panchayat, the Panchayat Samiti or the
Zilla Parishad, as the case may be, and all the members of the Sthayee
Samitis thereof shall vacate their offices;
(b) all the powers, duties and functions which, under the provisions of this
Act or any rule or bye-law made thereunder or any law for the time being
in force, may be exercised, discharged or performed by the Gram
Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be,
or any Sthayee Samiti thereof shall be exercised, discharged or performed
by such authority, person or persons as may be appointed by the State
Government in this behalf;
(c) all properties vested in the Gram Panchayat, the Panchayat Samiti or the
Zilla Parishad, as the case may be, shall remain vested in the State
Government until the reconstitution of such Gram Panchayat, Panchayat
Samiti or Zilla Parishad.
(2) On the reconstitution of the Gram Panchayat, Panchayat Samiti or Zilla
Parishad, as the case may be, the authority, person or persons appointed under
clause (b) of sub-section (1) shall cease to exercise his functions.

Section : 216
Key Word : Special provision in case of prohibitory orders from Courts. (Part VIChapter
XIX. – Miscellaneous -Section -216)
Where by reason of an order of a competent court a Gram Panchayat, a
Panchayat Samiti or a Zilla Parishad is unable to exercise or perform the powers, duties
or functions conferred or imposed on it by or under any law, the State Government may
appoint any authority, person or persons to exercise or perform, as the case may be,
during the period of such inability, any or all of such powers, duties and functions in such
manner and under such conditions as the State Government may direct.
Section : 217
Key Word : Transitory provisions. (Part VI-Chapter XIX. – Miscellaneous –
Section -217)
(1) After the coming into force of this Act in any area, the Slate Government
may appoint any authority, person or persons for any Gram Panchayat or
Anchal Panchayat constituted in that area under the West Bengal Panchayat
Act, 1957, or any Anchalik Parishad or Zilla Parishad established in that area
under the West Bengal Zilla Parishads Act, 1963, and the authority, person or
persons so appointed shall exercise, perform and discharge all the powers,
functions and duties of such Gram Panchayat, Anchal Panchayat, Anchalik
Parishad or Zilla Parishad, as the case may be.
(2) With the appointment of the authority, person or persons referred to in subsection
(1), all the members of the Gram Panchayat, Anchal Panchayat,
Anchalik Parishad or Zilla Parishad, as the case may be, in respect of which
such authority, person or persons, as the case may be, has been so appointed
shall vacate their offices as such members.
Section : 218
Key Word : Repeal. (Part VI-Chapter XIX. – Miscellaneous -Section -218) Repeal.
(Part VI-Chapter XIX. – Miscellaneous -Section -218)
With effect from the date of the coming into office of a Gram Panchayat under subsection
(4) of section 4, the provisions of the West Bengal Panchayat Act, 1957,
1
[relating to Gram Sabha, Gram Panchayat, Anchal Panchayat and Nyaya Panchayat
shall stand repealed within the territorial limits of the Gram and the Union Board
constituted under the Bengal Village Self-Government Act, 1919, shall cease to function].
(1) With effect from the date of the coming into office of a Panchayat Samiti
under sub-section (3) of section 94,2
* * * * the provisions of the West Bengal
Zilla Parishads Act, 1963, relating to Anchalik Parishads shall stand repealed
within the territorial limits of the Block.
(2) With effect from the date of the coming into office of a Zilla Parishad under
sub-section (3) of section 140, the provisions of the West Bengal Zilla
Parishads Act, 1963, relating to Zilla Parishads shall stand repealed in the
district.
Section : 219
Key Word : Vesting. (Part VI-Chapter XIX. – Miscellaneous -Section -219)
Vesting. (Part VI-Chapter XIX. – Miscellaneous -Section -219)
When in consequence of the repeal of the enactment referred to in section 218 any
Gram Panchayat, Nyaya Panchayat or Anchal Panchayat constituted under the West
Bengal Panchayat Act, 1957, or any Anchalik Parishad or Zilla Parishad established
under the West Bengal Zilla Parishads Act, 1963, ceases to exist 1
[or when the Union
Board constituted under the Bengal Village Self-Government Act, 1919, ceases to
function,] in any area—
(a) the authority, person or persons, if any, appointed under section 217 in
respect of such Gram Panchayat, Anchal Panchayat, Anchalik Parishad or
Zilla Parishad, as the case may be, shall cease to exercise all functions;
(b) all properties movable or immovable and all assets—
(i) vested in such Gram Panchayat shall vest in the Gram Panchayat or Gram
Panchayats constituted under this Act in such area in accordance with such allocation
as may be determined by the prescribed authority and such determination shall be
final,
(ii) vested in such Anchal Panchayat shall vest in such Gram Panchayat or
Gram Panchayats constituted under this Act in such area in accordance with such
allocation as may be determined by the prescribed authority and such determination
shall be final,
2
(iia) vested in such Union Board shall vest in such Gram Panchayat
or Gram Panchayats constituted under this Act in such area in
accordance with such allocation as may be determined by the
prescribed authority and such determination shall be final,
(iii) vested in such Anchalik Parishad shall vest in such Panchayat Samiti or
Panchayat Samitis constituted under this Act in such area in accordance with such
allocation as may be determined by the prescribed authority and such determination
shall be final,
(iv) vested in such Zilla Parishad shall vest in the Zilla Parishad constituted
under this Act;
(c) all rights acquired, all debts and obligations incurred, all matters and things
engaged to be done —
(i) by such Gram Panchayat shall be deemed to have been acquired, incurred
or engaged to be done by the Gram Panchayat or Gram Panchayats constituted under
this Act in such area, as may be determined by the prescribed authority under subclause
(z) of clause (b),
(ii) by such Anchal Panchayat shall be deemed to have been acquired, incurred
or engaged to be done by such Gram Panchayat or Gram Panchayats constituted
under this Act in such area, as may be determined by the prescribed authority under
sub-clause (ii) of clause (b),
1
(iia) by such Union Boards shall be deemed to have been acquired,
incurred or engaged to be done by such Gram Panchayat or
Gram Panchayats constituted under this Act in such area, as may
be determined by the prescribed authority under sub-clause (iia)
of clause (b),
(iii) by such Anchalik Parishad shall be deemed to have been acquired, incurred
or engaged to be done by such Panchayat Samiti or Panchayat Samitis constituted
under this Act in such area, as may be determined by the prescribed authority under
sub-clause (iii) of clause (b),
(iv) by such Zilla Parishad shall be deemed to have been acquired, incurred or
engaged to be done by the Zilla Parishad constituted under this Act;
(d) all suits or other legal proceedings instituted or which but for the coming into
office of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad
constituted under this Act, might have been instituted by or against 2
[the
Union Board constituted under the Bengal Village Self-Government Act, 1919,
or] the Gram Panchayat or Anchal Panchayat, constituted under the West
Bengal Panchayat Act, 1957, or the Anchalik Parishad or Zilla Parishad
established under the West Bengal Zilla Parishads Act, 1963, may be
continued or instituted by or against the Gram Panchayat or Panchayat Samiti,
as determined by the prescribed authority under sub-clauses (i), (ii),1
[(iia)] or
(iii) of clause (b), or the Zilla Parishad, as the case may be, and in all such
suits or other legal proceedings pending immediately before such constitution
or establishment, such Gram Panchayat, Panchayat Samiti or Zilla Parishad
constituted under this Act, shall stand substituted;
(e) all suits and cases pending before a Nyaya Panchayat West Ben. constituted
under the West Bengal Panchayat Act, 1957, shall be deemed to have been
transferred to such Nyaya Panchayat constituted under this Act as may be
determined by the prescribed authority;
(f) persons employed by—
(i) such Gram Panchayat and continuing in office immediately before the
coming into office of the Gram Panchayat constituted under this Act for such area
shall be deemed to be employed by such Gram Panchayat or Gram Panchayats
constituted under this Act, as may be determined by the prescribed authority,
(ii) such Anchal Panchayat and continuing in office immediately before the
coming into office of the Gram Panchayat or Gram Panchayats constituted under this
Act for such area shall be deemed to be employed by such Gram Panchayat or Gram
Panchayats constituted under this Act, as may be determined by the prescribed
authority,
2
(iia) such Union Board and continuing in office immediately before
the coming into office of the Gram Panchayat or Gram
Panchayats constituted under this Act for such area shall be
deemed to be employed by such Gram Panchayat or Gram
Panchayats constituted under this Act, as may be determined by
the prescribed authority,
(iii) such Anchalik Parishad and continuing in office immediately before the
coming into office of the Panchayat Samiti or Panchayat Samitis constituted under
this Act for such area shall be deemed to be employed by such Panchayat Samiti or
Panchayat Samitis as may be determined by the prescribed authority,
(iv) 1
such Zilla Parishad and continuing in office immediately before the coming
into office of the Zilla Parishad constituted under this Act shall be deemed to be
employed by such Zilla Parishad:
Provided that the terms and conditions of such persons shall not be less
advantageous than those enjoyed by them immediately before the
coming into office of such Gram Panchayat, Panchayat Samiti or Zilla
Parishad, as the case may be;
(g) all rules, orders, bye-laws and notifications made or issued from time to time
under the provisions of the Bengal Local Self-Government Act, 1885,
applicable to the District Board, 2
[or the Bengal Village Self-Government Act,
1919, applicable to the Union Board,] or the West Bengal Panchayat Act,
1957, or the West Bengal Zilla Parishads Act, 1963, applicable to the Gram
Panchayat, Anchal Panchayat, Anchalik Parishad and Zilla Parishad and
continuing in force immediately before the coming into office of the Gram
Panchayat, Panchayat Samiti and Zilla Parishad under this Act shall, after
such coming into office, continue in force in so far as they are not inconsistent
with the provisions of this Act until they are repealed or amended.
Section : 220
Key Word : Prosecution. (Part VI-Chapter XIX. – Miscellaneous -Section -220)
Prosecution in a court under this Act for breach of bye-laws may be instituted by a Gram
Panchayat, a Panchayat Samiti or a Zilla Parishad or by any person authorised by such
Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, in this behalf.
Section : 221
Key Word : Recovery of arrears. (Part VI-Chapter XIX. – Miscellaneous -Section
-221)
3
[All arrears of taxes, tolls, rates, fees and cess] leviable by a Gram Panchayat, a
Panchayat Samiti or Zilla Parishad under this Act shall, without prejudice to any other
mode of recovery, be recoverable as public demands.
Section : 222
Key Word : (Omitted.) : (Omitted.)
[(Provisions for removing difficulties.)—Omitted by s. 61 of the West Bengal Panchayat
(Amendment) Act, 1984 (West Ben. Act XXXVII ofI984).]

Section : 223
Key Word : Bye-laws. (Part VI-Chapter XIX. – Miscellaneous -Section -223)
(1) A Gram Panchayat, a Panchayat Samiti or a Zilla Parishad ‘[shall make byelaws,]
2
[or amend bye-taws], not inconsistent with the provisions of this Act
or the rules made thereunder, for enabling it to discharge its functions under
this Act.
3
(1A) The bye-laws made or amended under sub-section (1) shall be published
by the Gram Panchayat or the Panchayat Samiti or the Zilla Parishad,
as the case may be, in the manner prescribed.
(2) The State Government may, by notification, rescind any bye-law and
thereupon such bye-law shall cease to have effect.
(3) In making a bye-law under sub-section (1), a Gram Panchayat, a Panchayat
Samiti or a Zilla Parishad may provide that a breach of the same shall be
punishable with fine which may extend to one hundred rupees, and in the case
of a continuing breach with a further fine which may extend to ten rupees for
every day during which the breach continues after the offender has been
convicted of such breach.
Section : 224
Key Word : Power to make rules. (Part VI-Chapter XIX. – Miscellaneous –
Section -224) Power to make rules. (Part VI-Chapter XIX. – Miscellaneous -Section
-224)
(1) The State Government may, after previous publication, make rules for
carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the matters which under any provision
of this Act, are required to be prescribed or to be provided for by rules.
(3) All rules made under this Act shall be published in the Official Gazette, and
shall, unless some later date is appointed by the State Government, come into
force on the date of such publication.
(4) All rules made under this Act shall be laid for not less than fourteen days
before the State Legislature as soon as possible after they are made and shall
be subject to such modification as the State Legislature may make during the
session in which they are so laid. Any modification of the said rules made by
the State Legislature shall be published in the Official Gazette, and shall,
unless some later date is appointed by the State Government, come into force
on the date of such publication.
Devider