The West Bengal Panchayat Act, 1973
Act 41 of 1973
- Published on 17 January 1974
- Commenced on 17 January 1974
- [This is the version of this document from 17 January 1974.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Chapter I
Preliminary1. Short title, extent and commencement.
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context, -Part II – Gram Panchayat
Chapter II
Constitution of Gram Panchayat
3. Gram.
4. Gram Panchayat and its constitution.
5. Effect of alteration of the area of a Gram.
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, the Gram 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.] [[Sub-Section (1) substituted by W.B. Act 18 of 2004, which was earlier as under:-'(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, the Gram 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 persons employed under such Gram Panchayat shall, with effect from the date on which the Gram Panchayat 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.'.]]6A. [ Constitution of Gram Panchayat comprising whole or part of area of Municipality. [Section 6A inserted by W.B. Act 2 of 1995.]
7. [ Term of office of members of Gram Panchayat [Substituted by W.B. Act 18 of 1994.]
.- (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.7A. [ [[Section 7A first inserted by W.B. Act 17 of 1992, then omitted by W.B. Act 18 of 1994, which was as under:-
'7A. General election to Gram Panchayats. - (1) There shall be held a general election for the constitution of a Gram Panchayat in accordance with the provisions of section 4 before the expiry of the term of office of the members thereof under section 7.8. 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 -9. Pradhan and Upa-Pradhan.
9A. [ Penalty for default. [Section 9A inserted by W.B. Act 18 of 1983. w.e.f. 23.6.1983.]
- 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. [Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
11. Removal of member of Gram Panchayat.
12. [ Motion of no confidence or removal of Pradhan or Upa-Pradhan. [Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
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.
16A. [ [Meetings of the Gram Sansad.] [[Section 16A first inserted by W.B. Act 37 of 1984, then substituted by W.B. Act 17 of 1992. Previous Section 16A was as under:-
'16A. Public meeting of the Gram Panchayat. - (1) Every Gram Panchayat shall hold within the local limits of the Gram an annual and a half-yearly public meeting for each constituency of the Gram at such place, on such date and at such hour as may be fixed by the Gram Panchayat:Provided that such annual or half-yearly meeting for a number of constituencies of a Gram Panchayat taken together may be held at the same place and on the same date and hour:Provided further that the annual public meeting shall ordinarily be held in the month of May and the half-yearly public meeting shall ordinarily be held in the month of November every year.16B. [ Public Meeting of the Gram Sabha. [Section 16B inserted by W.B. Act 18 of 1994.]
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.] [Section 17A inserted by W.B. Act 37 of 1984.].
18. [Report on the work of Gram Panchayat. [Section 18 renumbered as sub-section (1) of that Section by W.B. Act 37 of 1984.]
Chapter III
Powers and duties of Gram Panchayat
19. Obligatory duties of Gram Panchayat.
- [(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, infrastructure 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.]20. Other duties of Gram Panchayat.
21. Discretionary duties of Gram Panchayat.
- Subject to such conditions as may be prescribed, a Gram Panchayat may, and shall if the State Government so directs, make provision for -22. State Government to place funds necessary for the performance of functions and duties under section 20 or 21 at the disposal of the Gram Panchayat.
- 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.23. Control of building operations.
24. Improvement of sanitation.
25. Power of Gram Panchayat over public streets, waterways and other matters.
26. Power of Gram Panchayat in respect of polluted water-supply.
27. Power of Gram Panchayat to prevent growth of water-hyacinth or other weed which may pollute water.
28. Emergent power on outbreak of epidemic.
- 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.29. Power of recovery of cost for work carried out by Gram Panchayat on failure of any person.
- 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 the 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 non-compliance, 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.30. Joint Committees.
31. Delegation of functions by Zilla Parishad.
32. Delegation of functions of Gram Panchayat to its Pradhan.
- 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. Constitution of Upa-Samitis and delegation of powers, functions and duties of Gram Panchayats to the Upa-Samitis.
| Section 32A first inserted by W.B. Act 17 of 1992, then substituted by W.B. Act 15 of 1997 and finally substituted by W.B. Act 8 of 2003. Previous Section 32A was as under:-"32A. Delegation of powers, functions and duties ofGram Panchayatsto its members.- (1) Subject to such direction as may be issued by the State Government in this behalf, aGram Panchayatshall, as soon as may be within three months following the first meeting referred to in section 9, by a resolution carried by the majority of the existing members at a meeting specially convened for the purpose, arrange its powers, functions or duties referred to in Chapter III of this Act, into such number of sets as it may consider necessary and delegate powers, functions or duties relating to any such set or sets to one member or a group of members, severally or jointly as it may think fit:Provided that theGram Panchayatmay take one or more such resolutions in different meetings on different dates:Provided further that each member of theGram Panchayatshall be delegated, severally or jointly, one or more such sets of powers, functions or duties.(2) When aGram Panchayatdelegates powers, functions or duties to a group of members, theGram Panchayatshall also nominate one member from the group to act as Convenor for the group and such Convenor shall be responsible for convening the meetings of the group, shall co-ordinate functions of members within the group and prepare and place report of actions taken or proposed to be taken to thePradhanand theGram Panchayatfrom time to time:Provided that the group shall devise its own procedure for holding the meetings and for performing other functions subject to the direction of theGram Panchayatand the State Government.(3) Without prejudice to the generality of the provisions under sub-section (1), theGram Panchayatshall form one or more sets of powers, functions or duties relating to development of women and children, welfare of the Scheduled Castes and Scheduled Tribes, family welfare and other social welfare programmes and shall delegate powers, functions or duties with respect to any such set to one woman member or a group of members and in any such group, women shall comprise not less than half members:Provided that for such group, the Convenor referred to in sub-section (2) shall be a woman.(4) The delegation referred to in sub-section (1) or sub-section (3) shall not prejudice the powers, functions and duties of thePradhanor theUpa-Pradhanunder section 34:Provided also that no financial power shall be delegated to any such member, severally or jointly.(5) The member or the group of members referred to in sub-section (1) or sub-section (3), may -(a) take, subject to the directions of thePradhans, the assistance of the employees of theGram 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) may place before thePradhanandGram Panchayata proposal for execution of a scheme, programme or project and may seek sanction of fund for such purpose and thePradhanor theGram Panchayatshall consider the proposal for execution and for sanction of fund:Provided that thePradhanshall not sanction any fund for a scheme, programme or project without considering the views of the member or the group of members to whom powers have been delegated by theGram Panchayatwith respect to such scheme, programme or project.(6) TheGram Panchayatmay, at any time, by a resolution carried by the majority of the existing members at a meeting specially convened for the purpose, rearrange, modify or withdraw such delegation and again delegate the powers, functions or duties so withdrawn to another member or a group of members, as the case may be.". |
33. Gram Panchayat may manage estates and interests vested in the State.
- The State Government may, by general or special order published in the Official Gazette, empower of 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.34. Powers, functions and duties of Pradhan and Upa-Pradhan.
Chapter IV
Establishment of Gram Panchayat
35. Secretary of the Gram Panchayat.
36. Staff of the Gram Panchayat.
36A. [ Exercise of powers, etc. by the officers and employees. [Section 36A inserted by W.B. Act 37 of 1984.]
- 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.]37.
[* * *]38.
[* * *]39.
[* * *]40.
[* * *]| Chapter V consisting of Sections 37, 38, 39 and 40 omitted by W.B. Act 18 of 2004. Chapter V with those secs, were as under:-"Chapter V Dafadars, Chowkidars and Gram Panchayat Karmees37.Dafadars, ChowkidarsandGram Panchayat Karmees.- (1) For general watch and ward, prevention of crime, protection of life and property, running of office of theGram Panchayatand discharging all functions relevant thereto as hereinafter provided within the local limits of the jurisdiction of aGram PanchayateveryGram Panchayatshall, unless otherwise directed or other provisions are made by the State Government, maintain under its control such number ofDafadars, ChowkidarsandGram Panchayat Karmeesas the State Government may by general or special order determine.(2) The manner of maintenance ofDafadars, ChowkidarsandGram Panchayat Karmeesby aGram 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 theGram Panchayatshall have disciplinary control overDafadars, ChowkidarsandGram Panchayat Karmees.38. State Government may contribute cost of maintenance.- The State Government may contribute to theGram PanchayatFund the entire or any part of the cost of maintenance ofDafadars, ChowkidarsandGram Panchayat Karmeesincluding the amount necessary for the payment of salary, allowances, provident fund and gratuity toDafadarsandChowkidarsand the amount necessary for their reward and equipment.39. Powers and duties ofChowkidars, DafadarsandGram Panchayat Karmees.- (1) EveryChowkidar, DafadarorGram Panchayat Karmeeshall exercise the following powers and perform the following duties, namely:-(i) he shall give immediate information to the officer-in-charge of the police-station having jurisdiction over the area and to thePradhanof theGram 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 theGram Panchayatand he shall keep the officer-in-charge of the said police-station and thePradhaninformed 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 in formation 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 theGram 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 theGram Panchayat;(viii) he shall give immediate information to thePradhanof theGram Panchayatof 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 theGram Panchayatin regard to keeping watch within its jurisdiction and in regard to other matters connected with his duties;(xi) he shall give immediate information to theGram Panchayatof 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 theGram Panchayat, and of any damage to any property vested in theGram Panchayator under its control:(xii) he shall assist any person duly authorised by theGram Panchayatto collect any rate, tax or fee:(xv) he shall serve such processes as may be prescribed upon persons residing within the jurisdiction of theGram Panchayat;(xiv) he shall attend the office of theGram Panchayaton such dates as may be directed by thePradhan, 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.(2) EveryDafadershall exercise all the powers conferred on aChowkidarunder sub-section (1) and shall perform such duties as may be imposed upon him by rules made under this Act.40. Arrested person to be taken to police station.- Whenever aDafadar, ChowkidarorGram Panchayat Karmeearrests 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
41. Power to acquire, hold and dispose of property.
- 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.42. Vesting of public properties in Gram Panchayat.
43. Allocation of properties to Gram Panchayat.
- The State 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.44. Acquisition of land for Gram Panchayat.
- 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 [Collector] [Word substituted for the words 'District Magistrate' by W.B. Act 37 of 1984.] 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.45. Gram Panchayat Fund.
46. Imposition of tax by Gram Panchayat.
47. Levy of rates and fees.
47A. [ Power to borrow money. [Section 47A inserted by W.B. Act 17 of 1992.]
- A Gram Panchayat may borrow money from the State Government or [* * * * *] 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.]48. Budget of the Gram Panchayat.
49. Supplementary budget.
- [(1) A Gram Panchayat may prepare in each year a supplementary estimate providing for any modification of its budget and [approve it in a meeting specially convened for the purpose and in the presence of at least half of the existing members] [Section 49 renumbered as sub-section (1) of that Section and sub-Section (2) inserted by W.B. Act 18 of 1994.] within such time and in such manner as may be prescribed.] [[Sub-Section (2) substituted by W.B. Act 18 of 1994, which was earlier as under:-'(2) The Panchayat Samiti may, which such time as may be prescribed, either approve the budget or return it to the Gram Panchayat for such modifications as it may direct. On such modifications being made the budget shall be resubmitted within such lime as may be prescribed for approval of the Panchayat Samiti. If approval of the Panchayat Samiti is not received by the Gram Panchayat by the last of the year, the budget shall be deemed to be approved by Panchayat Samiti.'.]]50. Accounts.
- A Gram Panchayat shall keep such accounts and in such from as may be prescribed.Chapter VII
Nyaya Panchayats
51. Constitution of Nyaya Panchayat. - .
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 time 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 [, Zilla Parishad, Mahakuma Parishad or Council] [Words substituted for the words 'or Zilla Parishad' by W.B. Act 20 of 1988.] or of any municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1, 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 a Nyaya Panchayat if he has any of the disqualifications mentioned in section 8.52. Criminal jurisdiction.
53. How case may be instituted.
- A case before 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 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.54. Power to dismiss or refuse to entertain petition.
55. Dismissal for default.
- 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 an acquittal.56. Proceeding preliminary to trial.
57. Compounding of offences.
- Notwithstanding anything contained in the Code of Criminal Procedure, 1898, the Nyaya Panchayat may allow the parties to compound any offence triable by it.58. Bar to appeal.
- 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 52.59. Power to impose fine or to award compensation.
60. Release after admonition or on probation of good conduct.
- 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 -61. Civil jurisdiction.
62. Suits not to be tried.
- No suit shall lie in any Nyaya Panchayat -63. Suits to include whole claim.
64. Local limit of jurisdiction.
- 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.65. How suit may be instituted.
66. Dismissal of suits barred by limitation, etc.
67. Dismissal of suits for default.
- If in any suit before a Nyaya Panchayat the plaintiff fails to 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.68. Summons to defendant to appear.
- 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.69. Ex parte decision.
- 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 suit.70. No order to be set aside without notice to opposite party.
- 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.71. Power to determine parties.
72. Decision of suits.
73. Instalments.
- 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 instalments.74. Decision to be final but power to Munsif to order retrial.
- 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 to 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.75. Death of parties.
- If the plaintiff or defendant in any suit dies before the suit has been decided, 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.76. Effect of decision on questions of title, etc.
- 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.77. Procedure for Nyaya Panchayat.
78. Bar to trial of case or suit in which a Panchayat or its member is interested.
- 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.79. Withdrawal or transfer of case or suit.
80. Certain suits and cases not to be tried.
81. Inspection.
82. Attendance of witnesses.
83. Appearance of parties.
84. Legal practitioners not to practise.
- Notwithstanding anything contained in the Legal Practitioners Act, 1879, legal practitioners shall not be permitted to practise before a Nyaya Panchayat.85. Appearance of women.
- No woman shall be compelled to appear in person before a Nyaya Panchayat as an accused or as a witness.86. Power to issue commission.
- 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.87. Trial of suit triable by more than one Nyaya Panchayat.
- 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.88. Realisation of fees and execution of decrees.
89. Registers and records.
- Every Nyaya Panchayat shall maintain such registers and records and submit such returns as may be prescribed.90. Resignation by member of Nyaya Panchayat and filling of casual vacancy.
91. Removal of members of Nyaya Panchayat.
92. Reference to Sessions Judge, etc.
- 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
93. Block.
94. Panchayat Samiti and its constitution.
95. Effect of the alteration of the area of a Block.
95A. [ Effect of inclusion of any area of Block in any area of Municipality. [Section 95A inserted by W.B. Act 2 of 1995, w.e.f. 28.12.1994.]
- 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 time 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.]96. [ Office of members of Panchayat Samiti. [[Section 96 substituted by W.B. Act 18 of 1994, which was earlier as under:-
'96. Term of office of members of Panchayat Samiti. - (1) The members of a Panchayat Samiti other than the ex officio members shall, subject to the provisions of sub-section (2) of this section and section 100, hold office for a period of five years from the date of poll in the general election for constitution of Panchayat Samitis.97. Disqualifications of members of Panchayat Samiti.
- Subject to the provisions contained in section 140 and 142, a person shall not be qualified to be a member of a Panchayat Samiti, if -98. Sabhapati and Sahakari Sabhapati.
99. [ Resignation of Sabhapati, Sahakari Sabhapati or a member. [Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
100. Removal of member of Panchayat Samiti.
- The prescribed authority may, after giving opportunity to a member of a Panchayat Samiti [other then an ex officio member] [Words inserted by W.B. Act 37 of 1984.] 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 at 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:] [Substituted 'leave of the Panchayat Samiti;' by Act No. 40 of 2017, dated 16.10.2017] [* * * * *] [Words ',provided he is not an ex officio member of the Panchayat Samiti' omitted by W.B. Act 37 of 1984.]; or[Provided that a member of a Panchayat Samiti holding simultaneous membership of the House of the People or the Legislative Assembly, shall not be removed from the office, if he remains absent from three consecutive meetings of the Panchayat Samiti without the leave of the Panchayat Samiti;] [Added by Act No. 40 of 2017, dated 16.10.2017](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, 1963.101. [ Motion of no Confidence or Removal of Sabhapati or Sahakari Sabhapati. [Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
102. Filling of casual vacancy in the office of Sabhapati or Sahakari Sabhapati.
- In the event of removal of 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.103. Filling of casual vacancy in the office of a member of Panchayat Samiti.
- 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.104. Term of office of Sabhapati, Sahakari Sabhapati or member filling casual vacancy.
- 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.105. Meetings of Panchayat Samiti.
106. List of business to be transacted at a meeting.
- A list of the business to be transacted at every meeting of a Panchayat Samiti, except at an adjourned meeting, shall be sent to each member of the Panchayat Samiti 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 Sabhapati thinks that a situation has arisen for which an emergent meeting of the Panchayat Samiti 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.107. Report on the work of Panchayat Samiti.
- 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.108. Block Development Officer to attend meeting.
- 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
109. Power of Panchayat Samiti.
110. State Government may place other property under Panchayat Samiti.
- The State Government may, from time to time, with the consent of a Panchayat Samiti place any road, bridge, ferry, channel, building or other property vested in the State Government and situated within the Block under the control and management of the Panchayat Samiti subject to such conditions as it may specify:Provided that the State Government may, after considering the views of the Panchayat Samiti, withdraw such control and management to itself subject to such conditions as it may specify.111. Power of Panchayat Samiti to transfer roads or properties to the State Government or the Zilla Parishad [or a Gram Panchayat] [Words inserted by W.B. Act 37 of 1984.].
- A Panchayat Samiti may transfer to the State Government or to the Zilla Parishad [or Mahakuma Parishad or Council] [Words inserted by W.B. Act 20 of 1988.] [or to a Gram Panchayat] [Words inserted by W.B. Act 37 of 1984.] any road or part of a road or any other property, which is under its control on management, or which is vested in it, on such terms and conditions as may be agreed upon.112. Panchayat Samiti may take over works.
- A Panchayat Samiti may take over the maintenance and control of any road, bridge, tank, ghat, well, channel or drain, belonging to a private owner or any other authority on such terms as may be agreed upon.113. Power of Panchayat Samiti to divert, discontinue or close road.
- A Panchayat Samiti may divert, discontinue or close temporarily any road, which is under its control and management or is vested in it, and may, with the approval of the State Government, close any such road permanently.114. Vesting Panchayat Samiti with certain powers.
114A. [ Development Plan in respect of any area of Panchayat Samiti. [Section 114A inserted by W.B. Act 17 of 1992.]
- [(1) Without prejudice to generality of the power under section 114 and notwithstanding anything contained in sections 23, 24 and 25, the State Government may, in the public interest, declare, by notification, its intention to prepare and publish a Development Plan in respect of an area within the jurisdiction of a Panchayat Samiti in accordance with such procedure as may be prescribed or in accordance with the provisions of any other law for the time being in force and, upon the issue of such notification, no new structure or new building shall be erected or constructed or no addition to any structure or building shall be made in such area except with the permission granted by the Panchayat Samiti or any authority, person or persons as may be empowered by the Panchayat Samiti in this behalf and except in accordance with such specifications and conditions as may be prepared and published by the Panchayat Samiti, or such authority, person or persons, as the case may be.][Proviso that where the State Government or an authority or agency under the State Government intends to set up or has set up an industrial estate or industrial park within the jurisdiction of a Gram Panchayat, permission for erection of any structure or building for setting up an industry within such industrial estate or industrial park, shall be obtained from such authority or industrial development authority or corporation as the State Government may by notification specify.] [Inserted by Act No. 8 of 2015.]115. Powers of supervision by Panchayat Samiti over the Gram Panchayat, etc.
- [(1) A Panchayat Samiti shall exercise general powers of supervision over Gram Panchayats in the Block and it shall be the duty of these authorities to give effect to the directions of the Panchayat Samiti] [Section 115 renumbered as sub-section (1) of that Section by W.B. Act 37 of 1984.][* * * * *] [Words 'on matters of policy or planning for development' omitted by W.B. Act 37 of 1984.]115A. [ Block Sansad and its constitution. [Section 115A inserted by W.B. Act 8 of 2003.]
116. Powers to prohibit certain [of special nature] [Substituted 'offensive and dangerous' by Act No. 8 of 2015.] trades without licence and to levy fee.
117. Power of Panchayat Samiti to grant licence for hat or market.
- A Panchayat Samiti may require the owner or the lessee of a hat or market or an owner or a lessee of land intending to establish a hat or market thereon, to obtain a licence in this behalf from the Panchayat Samiti on such terms and conditions as may be prescribed and subject to the provisions of section 133, on payment of a fee for such licence.118. Powers, functions and duties of Sabhapati and Sahakari Sabhapati.
Chapter X
Establishment of the Panchayat Samiti
119. Staff of the Panchayat Samiti.
- [(1)(a) There shall be an Executive Officer for every Panchayat Samiti and the Block Development Officer shall be such Executive Officer ex officio.(b)If a Panchayat Samitit is of the opinion that its Executive Officer is consistently failing in discharging his duties and responsibilities in accordance with law, it may pass a resolution in a meeting specially convened for the purpose, supported by the majority of the existing members referred to in sub-section (2) of section 94 and shall bring the matter to the District Magistrate with a request to take appropriate remedial measures within one month from the date of communication of such resolution.(c)If the Panchayat Samiti feels that no action has been taken by the District Magistrate to remedy the situation or the action so far taken has not improved the situation within the next two months, the Panchayat Samiti may, at a meeting specially convened for the purpose, adopt a resolution supported by the majority of the existing members referred to in clause (b) to recall the Executive Officer adducing the reasons for such decision of the Pachayat Samiti and such resolution shall be sent to the State Government with a copy to the District Magistrate.(d)On receipt of the resolution under clause (c), the State Government shall enquire into the circumstances and satisfy itself about the justification of such resolution before recallinf such officer:Provided that if after enquiry the State Government is not satisfied about the propriety of recalling such officer, it may initiate procedure under section 209 to rescind the resolution.] [Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]120. Placing the services of State Government officers at the disposal of the Panchayat Samiti.
- The State Government may place at the disposal of the Panchayat Samiti the services of such officers or other employees serving under it [and on such terms and conditions] [Words inserted by W.B. Act 37 of 1984.] as it may think fit:Provided that any such officer or employee shall be recalled by the State Government if a resolution to that effect is passed by the Panchayat Samiti, at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being:Provided further that the State Government shall have disciplinary control over such officers and employees.121. Control and punishment of the staff of the Panchayat Samiti.
122. Appeal.
123. Exercise of powers, etc., by the officers and employees.
- Subject to the provisions of this Act, the rules framed thereunder and to any general or special directions given by the State Government in that behalf the officers and other employees employed by 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.Chapter XI
Sthayee Samitis of the Panchayat Samitis
124. Sthayee Samitis.
125. Karmadhyaksha and Secretary.
126. Resignation.
- 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.127. Casual vacancy.
- When a vacancy occurs in the office of a Karmadhyaksha or a member of a Sthayee Samiti by resignation, death or otherwise, the members of the Sthayee Samiti shall elect another Karmadhyaksha or [the members of the Panchayat Samiti shall elect another] [Words inserted by W.B. Act 37 of 1984.] 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.[Chapter XIA] [Chapter XIA consisting of Section 127A inserted by W.B. Act 37 of 1984.] Samanway Samiti of office bearers and Karmadhyakshas127A. [ [[Section 127A omitted by W.B. Act 8 of 2003, which was as under:-
'127A. Samanway Samiti. - (1) There shall be a Samanway Samiti for every Panchayat Samiti consisting of the Sabhapati, the Sahakari Sabhapati and the Karmadhyakshas of all Sthayee Samitis and the Executive Officer of the Panchayat Samiti.Chapter XII
Property and Fund
128. Power to acquire, hold and dispose of property.
- 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.129. Works constructed by a Panchayat Samiti to vest in it.
- All roads, buildings or other works constructed by a Panchayat Samiti with its own funds shall vest in it.130. Allocation of properties to Panchayat Samiti.
- 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.131. Acquisition of land for Panchayat Samiti.
- 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.132. Panchayat Samiti Fund.
133. Levy of tolls, rates and fees.
134. Scales of tolls, etc. to be provided by bye-laws.
135. Panchayat Samiti may raise loans and create sinking fund.
- 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.135A. [ Panchayat Samiti may borrow money. [Section 135A inserted by W.B. Act 42 of 1978.]
- Notwithstanding anything contained in section 135, a Panchayat Samiti may borrow money from the State Government or [* * * * *] ['Explanation' inserted by W.B. Act 15 of 1997.] 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.]136. Budget of the Panchayat Samiti.
137. Expenditure.
- No expenditure shall be incurred unless the budget is approved [under clause (c) of sub-section (2) of section 136.] [Words 'the Zilla Parishad or the Mahakuma Parishad or the Council' first substituted for the words 'the Zilla Parishad' by W. B. Act 20 of 1988, then the words, figures, letter and brackets substituted for the words 'by the Zilla Parishad or the Mahakuma Parishad or the Council' by W.B. Act 18 of 1994.]138. Supplementary Budget.
- [(1) The Panchayat Samiti may prepare in each year a supplementary estimate providing for any modification of its budget and [may approve it in a meeting specially convened for the purpose and in the presence of at least half of the existing members] [Section 138 renumbered as sub-Section (1) of that Section and sub-Section (21 inserted by W. B. Act 18 of 1994.] within such time and in such manner as may be prescribed.] [[Sub-Section (2) substituted by W.B. Act 18 of 1994. which was earlier as under:-'(2) The Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be 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 or the Mahakuma Parishad or the Council, as the case may be. If the approval of the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be, 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 or the Mahakuma Parishad or the Council, as the case may be.'.]]139. Accounts.
- 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
140. Zilla Parishad and its constitution.
141. [ Term of office of members of Zilla Parishad. [[Section 141 substituted by W.B. Act 18 of 1994, which was earlier as under:-
'141. Term of office of members of Zilla Parishad. - (1) The members of a Zilla Parishad other than the ex officio members shall, subject to the provisions of sub-section (2) of this section and section 145, hold office for a period of five years from the date of poll in the general election for constitution of Zilla Parishads.141A. [ [[Section 141A first inserted by W.B. Act 17 of 1992, then omitted by W.B. Act 18 of 1994, which was as under:-
'141A. General election to Zilla Parishads. - (1) There shall be held a general election for the constitution of a Zilla Parishad or Mahakuma Parishad, as the case may be in accordance with the provisions of section 140 before the expiry of the term of office of the members thereof under section 141.142. Disqualifications of members of Zilla Parishad.
- A person shall not be qualified to be a member of a Zilla Parishad, if -143. Sabhadhipati and Sahakari Sabhadhipati.
144. [ Resignation of Sabhadhipati or Sahakari Sabhadhipati or member. [Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
145. Removal of member of Zilla Parishad.
146. [ Motion of no confidence or Removal of Sabhadhipati or Sahakari Sabhadhipati. [Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
147. Filling of casual vacancies in the office of Sabhadhipati or Sahakari Sabhadhipati.
- 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.148. Filling of casual vacancy in the place of an elected member.
- 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.149. Term of office of Sabhadhipati, Sahakari Sabhadhipati or member filling casual vacancy.
- Every Sabhadhipati or Sahakari Sabhadhipati, elected under section 147 and every member elected under section 148 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.150. Meetings of Zilla Parishad.
151. List of business to be transacted at a meeting.
- 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.152. Report on the work of Zilla Parishad.
- 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
153. Powers of Zilla Parishad.
- [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 -] [Words, figures and brackets substituted for the words 'Subject to any general or special directions of the State Government, a Zilla Parishad shall have the power to' by W.B. Act 18 of 1994.](a)[(i) undertake schemes or adopt measures, including the giving of financial assistance, relating to the development of agriculture, fisheries, live-stock, khadi, cottage and small-scale industries, 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, 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,] [[Sub-clause (i) substituted by W.B. Act 18 of 1994. which was earlier as under:-'(i) undertake schemes or adopt measures. Including the giving of financial assistance, relating to the development of agriculture, livestock. Industries, co-operative movement, rural credit, water-supply, irrigation, public health and sanitation including establishment of dispensaries and hospitals, communications, primary, secondary and adult education including welfare of students, 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,[Provided that without prejudice to the terms and conditions laid down in the guidelines relating to a poverty alleviation programme in which beneficiaries are selected not on the basis of entitlement or demand but using discretion of the Panchayat body concerned, the implementing agency shall take steps to ensure that as nearly as possible three percent of the total number of beneficiaries for such programme shall constitute people with any form of disability.] [Added by W.B. Act No. 8 of 2010, dated 13.5.2010.](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 waster-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[* * * * * *] [[Clause (f) omitted by W.B. Act 18 of 1994, which was as under:-'(f) examine and sanction the budget estimates of Panchayat Samitis in the district.'.]]154. Zilla Parishad to have powers of Magistrate in district to which the Vaccination Act extends.
- 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.155. State Government may place other property under Zilla Parishad.
- 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:[Provided that the 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] [Proviso to Section 155 inserted by W.B. Act 37 of 1984.].156. Control and maintenance of roads which run through a municipality.
- The State Government may, notwithstanding anything 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.157. Zilla Parishad may take over works.
- 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.158. Power of Zilla Parishad to divert, discontinue or close road.
- 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.159. Power of Zilla Parishad to transfer roads to the State Government or Panchayat Samiti.
- A Zilla Parishad may transfer to the State Government, the commissioners of a municipality, a 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.160. Vesting of Zilla Parishad with certain powers.
161. Joint execution of schemes by two or more Zilla Parishads.
- 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.162. Power of Zilla Parishad to grant licence for fair or mela.
- 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 licence in this behalf from the Zilla Parishad on such terms and conditions as may be prescribed and on payment of a fee for such licence.163. Power of supervision by Zilla Parishad over the Panchayat Samitis.
- [(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 Parishad] [Section 163 renumbered as sub-Section (1) of that Section and sub-Section(2) inserted by W. B. Act 37 of 1984.] [* * * * *] [Words 'on matters of policy or planning for development' omitted by W.B. Act 37 of 1984.].163A. [ Zilla Sansad and its constitution. [Section 163A inserted by W.B. Act 8 of 2003.]
164. Exemption of Sabhadhipati and members of Zilla Parishad from attending registration office.
- 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.165. Powers, functions and duties of Sabhadhipati and Sahakari Sabhadhipati.
Chapter XV
Establishment of the Zilla Parishad
166. Staff of the Zilla Parishad.
- [(1) (a) There shall be an Executive Officer for every Zilla Parishad appointed by the State Government on such terms and conditions as may be prescribed.(b)If a Zilla Parishad is of the opinion that its Executive Officer is consistently failing in discharging his duties and responsibilities in accordance with law, it may pass a resolution in a meeting specially convened for the purpose, supported by the majority of the existing members referred to in sub-section (2) of section 140, and shall bring the matter to the notice of the Divisional Commissioner with a request to take appropriate remedial measures within one month from the date of communication of such resolution.(c)If the Zilla Parishad feels that no action has been taken by the Divisional Commissioner to remedy the situation or the action so far taken has not improved the situation within the next two months, the Zilla Parishad may, at a meeting specially convened for the purpose, adopt a resolution supported by the majority of the existing members referred to in clause (b) to recall the Executive Officer adducing the reasons for such decision of the Zilla Parishad and such resolution shall be sent to the State Government with a copy to the Divisional Commissioner.(d)On receipt of the resolution under clause (c), the State Government shall enquire into the circumstances and satisfy itself about the justification of such resolution before recalling such officer:Provided that if after enquiry the State Government is not satisfied about the propriety of recalling such officer, it may initiate procedure under section 209 to rescind the resolution.] [Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.]167. Placing the services of State Government officers at the disposal of the Zilla Parishad.
- The State Government may place at the disposal of the Zilla Parishad the services of such officers or other employees serving under it [and on such terms and conditions] [Words inserted by W.B. Act 37 of 1984.] 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.168. Control and punishment of the Staff of the Zilla Parishad.
169. Appeal.
170. Exercise of powers, etc., by the officers and employees.
- 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.Chapter XVI
Sthayee Samitis of the Zilla Parishad
171. Sthayee Samiti.
172. Karmadhyaksha and Secretary.
173. Resignation.
- 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 Karmadhayaksha or such member shall be deemed to have vacated his office.174. Casual vacancy.
- When a vacancy occurs in the office of a Karmadhyaksha or a member of a Sthayee Samiti by resignation, death or otherwise, the members of the Sthyaee Samiti shall elect another Karmadhyaksha or [the members of the Zilla Parishad shall elect another] [Words inserted by W.B. Act 37 of 1984.] 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.[Chapter XVIA] [Chapter XVIA containing Section 174A inserted by W.B. Act 37 of 1984.] Samanway Samiti of office bearers and Karmadhyakshas174A. [ [[Section 174A omitted by W.B. Act 8 of 2003, which was as under:-
'174A. Samanway Samiti. - (1) There shall be a Samanway Samiti for every Zilla Parishad consisting of the Sabhadhipati, the Sahakari Sabhadhipati, Karmadhaykshas of all Sthayee Samitis, the Executive Officer and the Additional Executive Officer of the Zilla Parishad.Chapter XVII
Property and Fund
175. Power to acquire, hold and dispose of property.
- 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.176. Works constructed by a Zilla Parishad to vest in it.
- All roads, buildings or other works constructed by a Zilla Parishad with its own funds shall vest in it.177. Allocation of properties to Zilla Parishad.
- 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.178. Acquisition of land for Zilla Parishad.
- 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.179. Zilla Parishad Fund.
180. Proceeds of road cess and public works cess to be credited to the Zilla Parishad Fund.
- 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.181. Levy of tolls, fees and rates.
182. Zilla Parishad may raise loans and create a sinking fund.
- 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.182A. [ Zilla Parishad may borrow money. [Section 182A inserted by W.B. Act 42 of 1978.]
- Notwithstanding anything contained in section 182, a Zilla Parishad may borrow money from the State Government or [* * * * *] ['Explanation' inserted by W.B. Act 15 of 1997.] 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.]183. Budget of the Zilla Parishad.
184. Supplementary budget.
- [(1) The Zilla Parishad may prepare in each year a supplementary estimate providing for any modification of its budget and [may approve it in a meeting specially convened for the purpose and in the presence of at least half of the existing members] [Section 184 renumbered as sub-Section (1) of that Section and sub-section (2) inserted by W.B. Act 18 of 1994.] within such time and in such manner as may be prescribed.] [[Sub-Section (2) substituted by W.B. Act 18 of 1994, which was earlier as under:-'(2) The State Government may, within such time as may be prescribed, either approve the budget or return it to the Zilla Parishad 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 State Government. If the approval of the State Government is not received by the Zilla Parishad, by the last date of the year, the budget shall be deemed to be approved by the Stale Government.'.]]185. Accounts.
- A Zilla Parishad shall keep such accounts and in such manner as may be prescribed.[Chapter XVIIA] [Chapter XVIIA containing sections 185A and 185B inserted by W.B. Act 20 of 1988.] Special provision for the District of Darjeeling185A. Zilla Parishad for Darjeeling to stand dissolved and consequences of dissolution.
185B. Mahakuma Parishad.
Part V – Chapter XVIII
Audit186. Audit of accounts of fund.
187. Submission of accounts to audit.
- 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.188. Powers of auditors.
- [(1) For the purposes of an audit under this Act an auditor may -(i)required 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 the Zilla Parishad concerned; and(iii)require any person so appearing before him to make and sign a declaration in respect of any such document or to answer any question or prepare and submit any statement.]189. Penalty.
- 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 in respect of each item included in the requisition.190. Audit report.
191. Action on audit report.
192. Power of auditor to surcharge, etc.
192A. [ Person making or authorising illegal payment to be removed. [Section 192A inserted by W.B. Act 17 of 1992.]
- If any item of account contrary to law is surcharged on any person making or authorising the making of any illegal payment or if any person is charged against for being responsible for the amount of any loss incurred by the negligence or misconduct of that person, he shall, without prejudice to any other provisions of this Act, be liable to be removed under section 213; and upon such removal, such person may be disqualified by the State Government by an order in writing for being elected a member of a Gram Panchayat or Panchayat Samiti or Zilla Parishad for such term as may be specified in the order:Provided that the State Government shall, before making any order under this sub-section, give to the person concerned an opportunity of being heard:Provided further that any order under this sub-section shall be published in the Official Gazette.] [Section 188 renumbered as sub-Section (1) of that Section and sub-Section (2) inserted by W.B. Act 17 of 1992.]193. Appeal.
194. Payment of certified sums.
195. Certain costs and expenses payable out of funds.
196. Certain expenses not chargeable to funds without previous sanction.
- 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.196A. [ Internal audit of accounts. [[Section 196A first inserted by W.B. Act 37 of 1984, then substituted by W.B. Act 18 of 2004, which was earlier as under:-
'196A. Internal audit of accounts. - 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.'.]]196B. [ Special audit of accounts. [Section 196B inserted by W.B. Act 37 of 1984.]
- 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.]196C. [ performance audit. [Added by W.B. Act No. 8 of 2010, dated 13.5.2010.]
196D. [ Social Audit. [Added by W.B. Act No. 8 of 2010, dated 13.5.2010.]
Part VI – Chapter XIX
Miscellaneous197. Oath or affirmation.
- Every member of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad other than a member referred to in [clauses (i) and (iii) of sub-section (2) of section 94 and clauses (i), (iii) and (iv) of sub-section (2) of section 140] [Words, figures and brackets substituted for the words, figures, letters and brackets 'sub-clause (iii) of clause (a) of sub-section (2) of section 94 and subclauses (iii) and (iv) of clause (a) of sub-section (2) of section 140' by W.B. Act 58 of 1978.] shall before taking his seat make and subscribe before such authority as may be specified by the State Government in this behalf, an oath or affirmation according to the form set out for the purpose in the Third Schedule.197A. [ Majority of members elected to function when in a constituency poll is countermanded or not held. [Section 197A inserted by W.B. Act 30 of 1978.]
- Notwithstanding anything to the contrary contained in this Act, -197B. [ Cessation of membership on inclusion of a constituency in Municipality etc . [Section 197B inserted by W.B. Act 37 of 1984.]
198. Validation.
- 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.199. Members, officers and employees to be public servants.
- 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.200. Indemnity.
- 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 bye-laws made thereunder.201. Reference of dispute.
202. [ [[Section 202 omitted by W.B. Act 8 of 2003, which was as under:-
'202. Bar of simultaneous candidature for election. - No person while standing as a candidate for election as a member -202A. [ Bar to simultaneous membership. [Section 202A inserted by W.B. Act 37 of 1984.]
- A member -203.
[* * * * * * * * * *]| Section 203 omitted by W.B. Act 8 of 2003, which was as under:-"203. Elections.- (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to thePanchayatsunder this Act and the rules made thereunder shall be in accordance with such law, vesting such superintendence, direction and control in a State Election Commission consisting of a State Election Commissioner as may be made by the State Legislature in this behalf or as may be in force for the time being.(2) There shall be a DistrictPanchayatElection Officer appointed by the State Election Commissioner in consultation with the State Government, who shall, subject to the superintendence and control of the State Election Commissioner, co-ordinate and supervise all work in the district in connection with the preparation of electoral rolls for and the conduct of, such elections.(3) The State Election Commissioner shall, in consultation with the State Government and by notification, appoint, from among the officers of the State Government, aPanchayatElectoral Registration Officer for one or more Blocks for preparation of electoral rolls, and aPanchayatReturning Officer for one or morePanchayats, for holding the elections.(4) The DistrictPanchayatElection Officer shall, subject to the direction and control of the State Election Commissioner, appoint, from among the officers of the State Government, as many AssistantPanchayatElectoral Registration Officers and Assistant Commissioner, appoint, from among the officers of the State Government, as many AssistantPanchayatReturning Officers as may be necessary for exercising such powers and performing such functions as may be prescribed.(5) ThePanchayatReturning Officer shall appoint Presiding Officers and Polling Officers for holding the elections referred to in sub-section (3), but he shall not appoint any person who has been employed by or on behalf, of or has otherwise been working for. a candidate in or about the election. The counting of voles shall be done by the Presiding Officers immediately after the poll and the result of the counting shall be declared forthwith:Provided that if the State Election Commissioner is satisfied that the counting of votes cannot conveniently be done at any or all of the polling stations immediately after the close of the poll, he may, in consultation with the State Government, require, by order, the used and sealed ballot boxes of such polling station or polling stations to be transported to such place, for safe custody till counting, and for counting, subject to such procedure, as may be prescribed:Provided further that if under the order of the State Election Commissioner, the used and sealed ballot boxes as aforesaid are transported to a place other than the polling station for safe custody till counting and for counting, such counting shall take place as soon as may be within two days from the date of the poll and shall be done by the Counting Officer with the assistance of Counting Assistants, and, for this purpose, thePanchayatReturning Officer shall, in consultation with the DistrictPanchayatElection Officer, appoint such number of Counting Officers and Counting Assistants as may be necessary, but shall not appoint any person, who has been employed by or on behalf of, or has been working for, a candidate in or about the election, as a Counting Officer or Counting Assistant.(6) The powers, functions and duties ofPanchayatElectoral Registration Officers,PanchayatReturning Officers, Presiding Officers and Polling Officers and the procedure for holding the elections shall be such as may be prescribed.(7) Any rule made in pursuance of sub-section (6) may provide that a breach thereof shall be punishable on conviction to an imprisonment not exceeding one year of either description or to a fine not exceeding rupees one thousand or to both.(8) The State Government may by rules provide for deposit of money by a candidate seeking election under this Act and also for return or forfeiture of the said deposit:Provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him.". |
204.
[* * * * * * * * * *]| Section 204 omitted by W.B. Act 8 of 2003, which was as under:-"204. Disputes as to election.- (1) If any dispute arises as to the validity of an election under this Act, any person entitled to vote at. such election may, within thirty days after the date of the declaration of the results of such election, file a petition, calling in question such election -(a) before the Munsif having jurisdiction where such election is in respect of aGram Panchayator aPanctiayat Samitiand(b) before the District Judge of the district, where such election is in respect of aZilla Parishad.(2) When filing a petition under sub-section (1), the petitioner shall deposit in court, as security for the costs likely to be incurred, a sum of -(a) fifty rupees, where the petition is filed before the Munsif, and(b) two hundred rupees, where the petition is filed before the District Judge.(3) The District Judge may transfer any petition filed before him under sub-section (1) to any Judicial Officer subordinate to him not below the rank of a Subordinate Judge.(4) In dealing with a petition under sub-section (1), the Munsif, the District Judge or the Judicial Officer to whom the petition is transferred under sub-section (3) (hereinafter referred to as the Judge) may hold such enquiry as he deems necessary.(5) The procedure to be followed by the Judge Including all matters relating to the filing of such petition shall be such as may be prescribed.(6) The Judges shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oath, enforcing the attendance of witnesses and compelling the discovery and production of documents.(7) The decision of the Judge shall be final and shall not be called in question in any court.(8) No court shall grant an injunction -(i) to postpone the election of -(a) a member of aGram Panchayat, aNyaya Panchayat, aPanchayat Samitior aZilla Parishad, or(b) aPradhan, anUpa-Pradhan, aPradhan Vicharak, aSabhapatiaSahakari SabhapatiaSabhadhipati, aSahakari Sabhadhipatior members andKarmadhyakshasofSthayee Samitis; or(ii) to prohibit a person declared to have been elected under this Act, from taking part in the proceedings of theGram Panchayat,Nyaya Panchayat,Panchayat SamitiorZilla Parishad, as the case may be, to which he has been elected: or(iii) to prohibit the members formally elected or appointed to aGram Panchayat,Nyaya Panchayat,Panchayat SamitiorZilla Parishad, as the case may be, under this Act from entering upon their offices.". |
205. Inspection.
206. Delegation.
- 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.206A. [ Finance Commission. [Section 206A inserted by W.B. Act 17 of 1992.]
- [(1) As 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-I 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.]207. Transfer of institution.
207A. [ State Government to place officers and employees at the disposal of Gram Panchayat, Panchayat Samiti and Zilla Parishad. [Section 207A inserted by W.B. Act 17 of 1992.]
207B. [ Transfer of powers, functions and duties. [Section 207B inserted by W.B. Act 18 of 1994.]
208. Period of limitation for suits.
- 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.209. Power of State Government to rescind or suspend resolution of a Gram Panchayat, Panchayat Samiti or Zilla Parishad.
210. [ [[Section 210 omitted by W.B. Act 17 of 1992, which was as under:-
'210. Appointment of members by State Government. - (1) The State Government may appoint two members of the Scheduled Castes or Scheduled Tribes and two women to be members of any Gram Panchayat, Panchayat Samiti or Zilla Parishad :Provided that -(a)no such appointment shall be made if two or more members of the Scheduled Castes or Scheduled Tribes or two women have been elected to such Gram Panchayat or Panchayat Samiti or Zilla Parishad, as the case may be, under the provisions of this Act; and(b)one such appointment shall be made if only one member of the Scheduled Caste or Scheduled Tribe or one woman has beer, elected to such Gram Panchayat or Panchayat Samiti or Zilla Parishad, as the case may be, under the provisions of this Act :Provided further that the appointment by the State Government under this section shall be from such persons as the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, may recommend.211. Power of State Planning Board and the District Planning Committee.
- 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.212. Directions by State Government.
- 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 form time to time in conformity with the provisions of this Act.213. Power to remove Pradhan, Upa-Pradhan, Sabhapati, Sahakari Sabhapati, Sabhadhipati, and Sahakari Sabhadhipati.
213A. [ Disqualification on change of political party by Members of Panchayats. [Substituted by Act No. 5 of 2014, dated 31.3.2014.]
213B. [ Suspension of member of Panchayats. [Section 213B in by W.B. Act 18 of 1994.]
- 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 facie, 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.(iii)[ 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 on 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 ; [Clause (iii) and its proviso inserted by W.B. Act 15 of 1997.]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.]213C. [ Jurisdiction of Lokayukta or Upa-Lokayukta. [Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
- Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, the Lokayukta or Upa-Lokayukta under the West Bengal Lokayukta Act, 2003 (West Bengal Act XXXV of 2003), in respect of any complaint alleging corrupt practices against any member including office bearer of Gram Panchayat, Panchayat Samiti, Zilla Parishad or Mahakuma Parishad, as the case may be.]214. Powers of State Government to supersede a Gram Panchayat, Panchayat Samiti or Zilla Parishad.
214A. [ District Council. [Section 214A inserted by W.B. Act 18 of 1994.]
215. Consequences of supersession.
216. Special provision in case of prohibitory orders from Courts.
- 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.217. Transitory provisions.
218. Repeal.
219. Vesting.
- When in consequence of the repeal of the enactments 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 [or when the Union Board constituted under the Bengal Village Self-Government Act, 1919, ceases to function,] [Words and figures inserted by W.B. Act 58 of 1978.] in any area -220. Prosecution.
- 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.221. Recovery of arrears.
- [All arrears of taxes, tolls, rates, fees and cess] [Words substituted for the words 'All arrears of taxes, tolls, rates and fees' by W.B. Act 8 of 2003.] 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.222.
[* * * * *] [[Section 222 omitted by W.B. Act 37 of 1984, which was as under:-'222. Provisions for removing difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the State Government may take such steps or issue such orders not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the purpose of removing such difficulty.'.]]223. Bye-laws.
224. Power to make rules.
Part A – 1. Offences under sections 26 and 27 of the Cattle-trespass Act, 1871.
2. Offences under enactments (other than the Indian Penal Code and this Act) or any rules or bye-laws made thereunder which are punishable with fine only up to a limit of fifty rupees.
3. Offences under section 34 of the Police Act, 1861.
4. Offences under the Bengal Ferries Act, 1885, except those under sections 28 and 30.
5. Offences under the following sections of the Indian Penal Code, namely, sections 160, 269, 277, 289, 290, 294, 323, 341, 352, 358, 426, 447, 448, 504 and 510 and when the value of the property in the opinion of the Nyaya Panchayat is not over two hundred rupees, sections 379 and 411.
Part B – Offences under the following sections of the Indian Penal Code, namely, sections 283, 428, 430, 431, 506 and 509; and when the value of the property in the opinion of the Magistrate is not over two hundred rupees, section 403.
[Third Schedule] [[Third Schedule substituted by W.B. Act 42 of 1978, which was earlier as under:-Third ScheduleForm of oath or affirmation to be made by a member of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad.(See section 197.)I, A. B., having been elected a member of the ....................... Gram Panchayat/Panchayat Samiti/Zilla Parishad do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully discharge the duties upon which I am about to enter.'.]]Form of oath or affirmation to be made by a member of a Gram Panchayat, a Panchayat Samiti [, a Zilla Parishad or Mahakuma Parishad.] [Words substituted for the words 'or a Zilla Parishad' by W.B. Act 20 of 1988.](See section 197.)I, A.B., [* * * * *] [Words 'being an ex-officio member or' omitted by W.B. Act 37 of 1984.] having been elected/appointed a member of the ..................... Gram Panchayat/ Panchayat Samiti/Zilla Parishad [/Mahakuma Parishad] [Words inserted by W.B. Act 20 of 1988.] do| | swear in the name of Godsolemnly affirm| that I will true faith and allegiance to the Constitution of India as by law established, and that I will faithfully discharge the duties upon which I am about to |
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