Constitution of Gram Panchayat under WB Panchayat act

CHAPTER II
Constitution of Gram Panchayat

3. Gram. – (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:
[Provided that any group of mauzas 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 sub-section (3) of section 1 have not come into force, may also be declared to be a Gram].
(2) The notification under sub-section (1) shall specify the name of the Gram by which it shall be known and shall specify the local limits of suchGram.
(3) The State Government may, after making such enquiry as it may think fit and after consulting the views of the Gram Panchayat or Panchayatsconcerned, 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 areas of two or more Grams so as to constitute a single Gram.
4. Gram Panchayat and its constitution. – (1) For every Gram the State Government shall constitute a Gram Panchayat bearing the name of theGram.
(2) Persons whose names are included in the electoral roll [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 [not being less than five] or [more than thirty] [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] [* * * * *]:
[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, are 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 the 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]:
[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 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]:
[provided also that notwithstanding anything contained in the foregoing provisions of this sub-section [* * * * *] 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:]
[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:]
[provided also that the State Election Commissioner may, at any time, for reasons to be recorded in writing [, by order, direct the prescribed authority to make fresh determination] of the number of members 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 [or the number of seats to be reserved or the sequence of rotation of reservation of seats or any combination of them as may be specified in such order]shall not be varied for [the next] three successive general elections:]
[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.]
[(2A) The Gram Panchayat shall consist of the following member:-
(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, [* * * * *] on the basis of number of members of Gram Panchayat determined under sub-section (2);
(b) allocate to each such constituency seats [, not exceeding two,] on the basis of electorate of the Gram:
[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.]
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(4) Every Gram Panchayat constituted under this section shall be [,notwithstanding anything contained in section 210,] 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.
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 thatGram 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 sub-section (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 sub-section (3) of section 3 so as to constitute two or more Grams, there shall be reconstitution of the Gram Panchayats 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.]
[(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.]
(5) When under sub-section (3) of section 3 any area is excluded from, or included in, a Gram, or a Gram is divided so as to constitute two or moreGrams, or two or more Grams are united to constitute a single Gram, the properties, funds and liabilities of the Gram Panchayat or Panchayatsaffected by such reorganisation 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 reorganisation.
[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 elections 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 (1) 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 Panchayatthat 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. – [(1) If, at any time, the whole 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, theGram Panchayat concerned 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 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, in accordance with the orders of the prescribed authority. The employees of such Gram Panchayat shall be given an opportunity to exercise their option for joining the Municipality or the Town Committee or the Cantonment Authority, as may be constituted over the area of the Gram, or any of the Gram panchayats within the State where such vacancy exists, as may be prescribed by the State Government. On the basis of their option they shall be deemed to be employees of the Municipality or the Town Committee or the Cantonment Authority or any other Gram Panchayat, as the case may be, and their services shall be continuous.]
[(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 allocation 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.]
[6A. Constitution of Gram Panchayat comprising whole or part of area of Municipality. – (1) If the State Government is of opinion that the whole or any part of the area of a Municipal it y 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 Panchayats 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 (1), 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, 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 the 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 devolve 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.]
[7. Term of office of members of Gram Panchayat .- (1) The members of a Gram Panchayat shall, subject to the provisions of sections 11 and 213A, 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 the 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 sub-section (1), the State Government may, by order, appoint any authority, person or persons to exercise and perform, subject to such conditions as may be specified in the order, the powers and functions of the 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.]
[7A. * * * * * * *]
8. Disqualifications of members of Gram Panchayat. – 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 [* * * * *] any municipal authority constituted under any of the Acts referred to in sub-section (2) section 1; or
[(b) he is in the service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti [or a Zilla Parishad or 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 orPanchayat Samiti of the Block comprising the Gram [or the Zilla Parishad of the district 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
(h)(i) he has been convicted by a court –
(A) of an offence involving moral turpitude punishable with imprisonment for a period of more than six months, or
(B) of an offence under Chapter IXA of the Indian Penal Code, or
(C) under section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952 and five years have not elapsed from the date of the expiration of the sentence; or
(ii) he is disqualified for the purpose of elections to the State Legislature under the provisions of Chapter III of Part II of the Representation of the People Act, 1951; or
[(i) he has not attained the age of twenty-one years on the date fixed for the scrutiny of nominations for any election; or]
[(j) he has been convicted under section 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.]
9. Pradhan and Upa-Pradhan. – (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:
[Provided that the members referred to in clause (ii) of sub-section (2A) of section 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 wholetime functionary of his office and that during the period for which he holds or is due to hold such office, he shall not hold any office of profit unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his powers, performance of his functions or due discharge of his duties:]
[Provided also that after being elected to the office of a full time office bearer, he shall be allowed lien or leave of absence from the place of his employment for his full tenure in the office of the Pradhan with effect from the date of his joining to such office by the Department or authority or undertaking or aided institution of the State Government under which he holds his office of profit:]
[ [(Provided also)] that 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:]
[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 be considered for allocation by rotation:]
[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 the number 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:]
[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 Gram Panchayatshall 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 theUpa-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 in not reserved on the ground that the corresponding office of thePradhan 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:]
[provided also that not less than one-third of the total number of the offices of the Pradhan and the Upa-Pradhan reserved for the Scheduled Castes and the Scheduled Tribes in a district, shall be reserved by rotation for the women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be:]
[Provided also that not less than one-third of the total number of offices of the 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 any 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 roaster for reservation by rotation shall continue for every three successive terms for the complete rotation unless the State Election Commissioner, for reasons to be recorded in writing and by notification, directs fresh commencement of the rotation at any stage excluding one or more terms from the operation of the rotation:]
[Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no woman, for whom the offices are reserved under this sub-section, shall if eligible for the office of the 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 (1) 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[five years]:
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(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 [or until the Pradhan or the Upa-Pradhan 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.
[(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 cash, 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 sub-section (2) of section 7 or sub-section (6) of this section or clause (b) of sub-section (1) of section 215 [or section 216] in the presence of the Block Development Officer or any other officer authorised in writing by him in this behalf.]
[(9) On the alteration of the area of Gram under sub-section (3) of section 3 or sub-section (2) of section 6 or inclusion of Gram in a Municipality or a notified area or Municipal Corporation or a Town Committee or a Cantonment under sub-section (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 Gramconcerned shall make over the properties, funds and other assets vested in such Gram Panchayat and all the rights and liability of such Gram Panchayat in compliance with the order of the prescribed authority under sub-section (5) of section 5 and sub-sections (1) and (2) of section 6.]
[(10) Notwithstanding anything to the contrary contained in this Act, the State Government may, by an order in writing, remove a Pradhan or a 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.
[9A. Penalty for default. – If a Pradhan or an Upa-Pradhan or an authority or a person referred to in sub-section (8) [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 therefor and shall also be published in the Official Gazette.]
10. Resignation of Pradhan or Upa-Pradhan or a member. – (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 Panchayatwithin thirty days of such acceptance.
11. Removal of member of Gram Panchayat. – (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 form 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 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.
12. Removal of Pradhan and Upa-Pradhan. – [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 [by a resolution carried by the majority of the existing members referred to in clause (i) of sub-section (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 thePradhan or, as the case may be, the Upa-Pradhan is absent:
[Provided further that no meeting for the removal of the Pradhan or the Upa-Pradhan under this section shall be convened within a period of one year from the date of election of the Pradhan or the Upa-Pradhan]:
[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.]
13. Filling of casual vacancy in the office of Pradhan or Upa-Pradhan. – 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.
14. Filling of casual vacancy in place of a member of Gram Panchayat. – 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.
15. Term of office of Pradhan, Upa-Pradhan or member filling casual vacancy. – 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.
16. Meetings of Gram Panchayat. – (1) Every Gram Panchayat shall hold a meeting at least once in a month [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 [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 [one-third] of the members of the Gram Panchayat subject to a minimum of [three members] to call a meeting [shall do so fixing the date and hour of such meeting [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 [to be held] [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 [in the office of the Gram Panchayat on such date and at such hour] as the members calling the meeting may decide. [The prescribed authority may appoint an observer for such meeting who shall submit to the prescribed authority a report in writing duly signed by him within a week of the meeting on the proceedings of the meeting. The prescribed authority shall, on receipt of the report, lake such action thereon as it may deem fit:]
[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;]
[Provided 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 Panchayaton 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 the both [or on the refusal of any or both to preside at a meeting], the members present shall elect one of them to be the President of the meeting.
(3) [One-third] of the total number of members subject to a minimum of [three] members shall form a quorum for a meeting of a Gram Panchayat:
Provided that no quorum shall be necessary for an 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:
[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.]
[16A. [Meetings of the Gram Sansad.] – (1) Every constituency of a Gram Panchayat under clause (a) of sub-section (3) of section 4 shall have a [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 [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 [Gram Sansad] shall be held ordinarily in the month of May and the half-yearly meeting of the [Gram Sansad] shall be held ordinarily in the month of November every year:
[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 Words substituted for the [Gram Sansad] shall be presided over by the Pradhan and, in his absence, by the Upa-Pradhanand in the absence of both, the member or one of the members, as the case may be, elected from the constituency comprising the [Gram Sansad]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].
[(4A) One-tenth of the total number of members shall form a quorum for a meeting of a Gram Sansad]:
[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 Sansad] in the annual and the half-yearly 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) A 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 for the aforesaid purpose, the outlines of such perspective plan and annual plan as adopted by theGram Sansad for its area shall be the basis of Gram Panchayat plan] and may, without prejudice to the generality of such guidance and advice, –
(a) identity, 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) 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, casts, 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.]
[16B. Public Meeting of the Gram Sabha. – (1) Ever 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 theGram 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:
[* * * * * *]
(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.]
17. List of business to be transacted at a meeting. – 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.
[17A. [Transaction of business at Gram Sansad meeting.]. – (1) The Gram Panchayat shall place for [deliberation, recommendation and suggestion] –
(a) in the annual [meeting of the (Gram Sansad)]-
(i) [the supplementary budget of the Gram Panchayat for the preceding year,]
(ii) the report prepared under section 18 [* * * * * *],
[(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 [meeting of the (Gram Sansad)] as may be agreed upon by the persons present at such meeting.
[(3) Every resolution adopted in a meeting of a [Gram Sansad] shall be 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 sub-section (1) or under sub-section (3), shall be deemed to be an act of impropriety 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 (b) of sub-section (1), or sub-section (3), of this section shall be deemed to be a wilful 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.]
18. [Report on the work of Gram Panchayat. – (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 Samiticoncerned 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 Panchayatduring the previous half-year 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 sub-section (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 sub-section (1) as so modified to the prescribed authority referred to in sub-section (1) and the Panchayat Samiti ordinarily by the middle of January every year.]