WEST BENGAL PANCHAYAT ACT, 1973
(1) This Act may be called the West Bengal Panchayat Act, 1973.
3[(2) It extends to the whole of West Bengal, except the areas to which the provisions of-
(a) the Cantonments Act, 1924 (2 of 1924)
(b) the Howrah Municipal Corporation Act, 1980 (West Ben. Act LVIII of 1980)
(c) the 1[Kolkata] Municipal Corporation Act, 1980 (West Ben. Act LIX of 1980)
(d) the Siliguri Municipal Corporation Act, 1990 (West Ben. Act XXX of 1990)
(e) the Asansol Municipal Corporation Act, 1990 (West Ben. Act XXXI of 1990)
(f) the Chandernagore Municipal Corporation Act, 1990 (West Ben. Act XXXII of 1990)
In this Act, unless there is anything repugnant in the subject or context,-
(1) "auditor" means an auditor appointed under section 186 and includes any officer authorised by him to perform all or any of the functions of an auditor under Chapter XVIII;
3[(1A) "Backward Classes" has the same meaning as in clause (a) of section 2 of the West Bengal Commission for Backward Classes Act, 1993 (West Ben. Act I of 1993);]
(2) "Block" means an area referred to in section 93;
(3) "Block Development Officer" means an officer appointed as such by the State Government 4[and includes the Joint Block Development Officer incharge of the Block];
3. Clause (1A) ins. by s. 2 of the West Bengal Panchayat (Second Amendment) A
(1) The State Government may, by notification, declare for the purposes of this Act any mauza or part of a mauza or group of contiguous mauzas or parts thereof to be a Gram:
1[Provided that any group of mauzas or parts thereof, when they are not contiguous or have no common boundaries and are separated by an area to which this Act does not extend or in which the remaining sections of this Act referred to in sub-section (3) of section 1 have not come into force, may also be declared to be a Gram.]
1. Proviso ins. by s. 3(a) of the West Bengal Panchayat (Amendment) Act, 1983 (West Ben. Act II of 1983).
(2) The notification under sub-section (1) shall specify the name of the Gram by which it shall be known and shall specify the local limits of such Gram.
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(1) For every Gram the State Government shall constitute a Gram Panchayat bearing the name of the Gram.
(2) Persons whose names are included in the electoral roll 3[prepared in accordance with such rules as may be made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for the purpose of an election] pertaining to the area comprised in the Gram, shall elect by secret ballot at such time and in such manner as may be prescribed, from among themselves such number of members 4[not being less than five] or 5[more than thirty] 6[as the prescribed authority may, having regard to the number of voters in hill areas and other areas and in accordance with such rules as may be made in this behalf by the State Government, determine] 7[* * *] :
3. Subs. by s. 4(1) (a) of the West Bengal Panc
(1) When an area is excluded from a Gram under clause (a) of sub-section (3) of section 3, such area shall, as from the date of the notification referred to in that sub-section, cease to be subject to the jurisdiction of the Gram Panchayat of the Gram and, unless the State Government otherwise directs, to the rules, orders, directions and notifications in force therein.
(2) When an area is included in a Gram under clause (b) of sub-section (3) of section 3, the Gram Panchayat for that Gram shall, as from the date of the notification referred to in that sub-section, have jurisdiction over such area and, unless the State Government otherwise directs, all rules, orders, directions and notifications in 'force in that Gram shall apply to the area so included.
1[(3) When the area of any Gram is divided under clause (c) of sub-section (3) of se
2[(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
(1) If the State Government is of opinion that the whole or any part of the area of a Municipality has changed its character and should constitute one or more Gram Panchayats, the State Government may, by notification, after previous publication of the draft of the notification in the Official Gazette (a) include such area in an existing Gram Panchayat to be specified in the notification, or (b) constitute one or more Gram Panchayats in such area:
2. Section 6A ins. by s. 4 of the West Bengal Panchayat (Amendment) Act, 1995 (West Ben. Act II of 1995) (w.r.e.f. 28.12.1994).
Provided that the draft of the notification shall also be published in at least two local newspapers published from any place within the district in which the area of the Municipality is situated, inviting objections and suggestions within a period of two months from
(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.
1. Section 7 subs. by s. 5 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994), which was earlier as under:
"7. Term of office of members of Gram Panchayat.- (1) The members of the Gram Panchayat shall, subject to the provisions of sub-section (2) of this section and section 11, hold office for a period of five years from the date of poll in the general election for constitution of Gram Panchayats.
(2) The period of five years referred to in sub-section (1) shall be held to include any period which may elapse between the expiry of the said period and the date of the first me
[7 A. * * * * *]
1. Section 7A omitted by s. 6 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994) which was earlier ins. by s. 4 of the West Bengal Panchayat (Amendment) Act, 1992 (West Ben. Act XVII of 1992) 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.
(2) Notwithstanding anything contained in sub-section (1), if the State Government is of opinion that circumstances exist under which it is not possible to hold election in the area or any part of the area of a Gram Panchayat, it may, on the expiry of the term of office of the members of the Gram Pa
Subject to the provisions contained in sections 94 and 97, a person shall not be qualified to be a member of Gram Panchayat, if-
(a) he is a member of 2[****] any municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1; or
2. The words "a Nyaya Panchayat or a Panchayat Samiti or a Zilla Parishad or of" omitted by s. 5(a) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
3[(b) he is in the service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti 4[or a Zilla Parishad or the Mahakuma Parishad or the Council;] and for the purposes of this clause, it is hereby, declared that a person in the service of any undertaking of the Central or the State Government or any statutory body or Corporation
(1) Every Gram Panchayat shall, at its first meeting at which a quorum is present, elect, in the prescribed manner, one of its members to be the Pradhan and another member to be the Upa-Pradhan of the Gram Panchayat :
1[Provided that the members referred to in clause (ii) of sub-section (2A) of section 4 2[shall neither participate in nor be eligible for such election] :
1. Proviso added by s. 5 of the West Bengal Panchayat (Amendment) Act, 1992 (West Ben. Act XVII of 1992).
2. Subs. by s. 8(1)(a) of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994) for "shall not be eligible for such election.".
3[Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be elig
If a Pradhan or an Upa-Pradhan or an authority or a person referred to in sub-section (8) 2[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:
1. Section 9A ins. by s. 4 of the West Bengal Panchayat (Second Amendment) Act, 1983 (West Ben. Act XVIII of 1983).
2. Ins. by s. 7 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
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 t
(1) The Pradhan or the Upa-Pradhan or any other member of a Gram Panchayat may resign his office by notifying in writing his intention to do so, preferably mentioning the reasons for his resignation and also his present postal address for further communication, to the prescribed authority.
3. Section 10 subs. by s. 4 of the West Bengal Panchayat (Amendment) Act, 2010 (West Ben. Act VIII of 2010) (w.e.f. 1.7.2010) which was earlier subs. by s. 5 of the West Bengal Panchayat (Third Amendment) Act, 2006 (West Ben. Act XXXVII of 2006) (w.e.f. 4.6.2007) as under:
"10. Resignation of Pradhan or Upa-Pradhan or member.-(1)(a) The Pradhan of a Gram Panchayat may resign his office by notifying in writing his intention to do so to the Upa-Pradhan.
(b) An Upa-Pradhan or a member of a Gram Panchayat may re
(1) The prescribed authority may, after giving an opportunity to a member of a Gram Panchayat to show cause against the action proposed to be taken against him, by order remove him from office -
1[(a) if after his election he is convicted by a criminal court of an offence punishable with imprisonment for a period of more than six months involving moral turpitude or involving any other cognizable offence; or]
1. Clause (a) subs. by s. 6(1) of the West Bengal Panchayat (Third Amendment) Act, 2006 (West Ben. Act XXXVII of 2006) (w.e.f. 4.6.2007), which was earlier as under:
"(a) if after his election he is convicted by a criminal court of an offence involving moral turpitude and 'punishable with imprisonment for a period of more than six months; or".
(
(1) Subject to other provisions of this section, the Pradhan or the Upa-Pradhan of a Gram Panchayat may, at any time, be removed from his office by the majority of the existing members of the Gram Panchayat, referred to in clause (i) of sub-section (2A) of section 4, expressing their lack of confidence against the Pradhan or the Upa-Pradhan or recording their decision to remove the Pradhan or the Upa-Pradhan, at a meeting specially convened for the purpose.
1. Section 12 subs. by s. 5 of the West Bengal Panchayat (Amendment) Act, 2010 (West Ben. Act VIII of 2010) (w.e.f. 1.7.2010) which was earlier amended by s. 9 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994), s. 5 of the West Bengal Panchayat (Amendment) Act, 1995 (West Ben. Act II of 1995) and s. 3 of the West Bengal Panchayat (Amendment) Act, 2008 (West Ben. Act XIX of 2008) and finally was as
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.
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.
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.
(1) Every Gram Panchayat shall hold a meeting at least once in a month 1[in the office of the Gram Panchayat. Such meeting shall be held on such date and at such hour as the Gram Panchayat may fix at the immediately preceding meeting] :
1. Subs. by s. 8(1)(i) of the West Bengal Panchayat (Amendment) Act. 1984 (West Ben. Act XXXVII of 1984) for "at such time and at such place within the local limits of the Gram concerned as the Gram Panchayat may fix at the immediately preceding meeting".
Provided that the first meeting of a newly-constituted Gram Panchayat shall be held 1[on such date and at such hour and] at such place within the local limits of the Gram concerned as the prescribed authority may fix:
1. Ins. by s. 8(1)(ii) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXX
(1) Every constituency of a Gram Panchayat under clause (a) of sub-section (3) of section 4 shall have a 3[Gram Sansad] consisting of persons whose names are included in the electoral roll of the West Bengal Legislative Assembly for the time being in force pertaining to the area comprised in such constituency of the Gram Panchayat.
1. Section 16A subs. by s. 7 of the West Bengal Panchayat (Amendment) Act, 1992 (West Ben. Act XVII of 1992), which was earlier ins. by s. 9 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984) 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 :
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(1) Every Gram shall have a Gram Sabha consisting of persons registered in the electoral roll pertaining to the area of the Gram.
1. Section 16B ins. by s. 11 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).
(2) Every Gram Panchayat shall hold within the local limits of the Gram an annual meeting, ordinarily in the month of December every year, of the Gram Sabha after completion of the half-yearly meeting of the Gram Sansads :
2[Provided that a Gram Panchayat may, in addition to the annual meeting, hold extraordinary meeting of a Gram Sabha at any time if the situation so warrants or if the State Government, by order, so directs and for the purpose of holding such extraordinary meeting, provision of this section shall apply.]
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A list of the business to be transacted at every meeting of the Gram Panchayat except at an adjourned meeting shall be sent to each member of the Gram Panchayat in the manner prescribed at least seven days before the time fixed for such meeting and no business shall be brought before or transacted at any meeting, other than the business of which notice has been so given, except with the approval of the majority of the members present at such meeting:
Provided that if the Pradhan thinks that a situation has arisen for which an emergent meeting of the Gram Panchayat should be called, he may call such meeting after giving three days' notice to the members:
Provided further that not more than one matter shall be included in the list of business to be transacted at such meeting.
(1) The Gram Panchayat shall place for 3[deliberation, recommendation and suggestion]-(a) in the annual 4[meeting of the 5[Gram Sansad] -
(i) 6[the supplementary budget of the Gram Panchayat for the preceding year,] and
(ii) the report prepared under section 18 7[* *];
8[(iii) the annual work plan finally approved and adopted for the current year;
(iv) the annual budget finally approved and adopted for the current year;]
9[(b) in the half-yearly meeting of the Gram Sansad-
(i) the budget of the Gram Panchayat for the following year, and
(ii) the latest report on the audit of the accounts of the Gram Panchayat.]
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6[(1)] The Gram Panchayat shall prepare in the prescribed manner a report on the work done during the previous year and the work proposed to be done during the following year and submit it to the prescribed authority and to the Panchayat Samiti concerned within the prescribed time.
6. Original section 18 renumbered as sub-section (1) of that section by s. 11 of the West Bengal Panchayat (Amendment) Act, 1984 '(West Ben. Act XXXVII of 1984).
7[(2) The Gram Panchayat shall, in October and April every year, prepare a half-yearly report showing the amount received by the Gram Panchayat during the previous half-year from different sources including the opening balance and the amount actually spent on different items of work and a list of beneficiaries.
7. Sub-sections (2) and (3) ins. by s. 11, ibi
(1) A Gram Panchayat shall function as a unit of self-government for achieving the goal of human development including social and economic development and securing social justice for all, and shall, subject to such conditions as may be prescribed or such directions as may be given by the State Government-
1. Section 19 subs. by s. 8 of the West Bengal Panchayat (Third Amendment) Act, 2006 (West Ben. Act XXXVII of 2006), which was earlier as under:
"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-yea
(1) A Gram Panchayat shall-
3. Section 20 subs. by s. 9 of the West Bengal Panchayat (Third Amendment) Act, 2006 (West Ben. Act XXXVII of 2006), (w.e.f. 4.6.2007) which was earlier amended by s. 9 of the West Bengal Panchayat (Amendment) Act, 1992 (West Ben. Act XVII of 1992) and finally was as under:
"20. Other duties of Gram Panchayat.-(1) A Gram Panchayat shall also perform such other functions as the State Government may assign to it in respect of -
(a) primary, social, technical, vocational, adult or non-formal education;
(b) rural dispensaries, health centres and maternity and child welfare centres;
(c) management of any public ferry under the Bengal Ferries Act, 1985 (Ben. Act I of 1985);
Subject to such conditions as may be prescribed a Gram Panchayat may and shall if the State Government so directs, make provisions for -
(a) the maintenance of lighting of public streets;
(b) planting and maintaining trees on the sides of public streets or in other public places vested in it;
(c) the sinking of wells and excavation of ponds and tanks;
(d) the introduction and promotion of co-operative farming, co-operative stores, and other co-operative enterprises, trades and calling;
(e) the construction and regulation of markets the holding and regulation of fairs, melas and hats and exhibitions of local produce and products of local handicrafts and home industries;
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In pursuance of the objectives laid down in sub-section (1) of section 19, a Gram Panchayat shall have powers to take measures for improvement of quality of life and without prejudice to the generality of the aforesaid provision, shall undertake schemes and adopt measures relating to -
(a) participation of people in preparing development plan and awareness generation among people on their role in development;
(b) participation of people in all stages of implementation of development works;
(c) enhancement of livelihood opportunities for people;
(d) organizing voluntary workers for 2[community] activities;
(e) organizing campaign against social evils like drinking, consumption of narcotics, dowry, child ma
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.
(1) No person shall 5[erect any new structure or building or make any addition to any structure or building] in any area within the jurisdiction of a Gram Panchayat except with the previous permission in writing of the Gram Panchayat:
5. Subs. by s. 12(a) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984) for "erect any structure or building".
1[Provided that such erection of new structure or new building or such addition to any structure or building or such permission of the Gram Panchayat shall be subject to such rules as may be made by the State Government in this behalf:
1. First and Second provisos to sub-section (1) added by s. 15(1) of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).
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(1) No person shall erect, exhibit, fix or retain upon or over any land, building, all, hoarding, frame, post, tree, kiosk or structure any advertisement to public view in any manner whatsoever, visible from a public street or public place, in any place within the area of a Gram Panchayat without the prior permission in writing of the owner of such land, building, wall, hoarding, frame, post, kiosk or structure:
1. Section 23A ins. by s. 13 of the West Bengal Panchayat (Third Amendment) Act, 2006 (West Ben. Act XXXVII of 2006) (w.e.f. 4.6.2007).
Provided that for the purpose of obtaining such permission, the person concerned shall apply in writing to the owner concerned stating, inter alia, the purpose and period of the advertisement proposed to be erected, exhibited, fixed or retained over such land, building, wall, hoarding, frame, pos
(1) For the improvement of sanitation, a Gram Panchayat shall have the power to do all acts necessary for and incidental to the same and in particular and without prejudice to the generality of the foregoing power, a Gram Panchayat may, by order, require the owner or occupier of any land or building, within such reasonable period as may be specified in the notice served upon him and after taking into consideration his financial position -
(a) to close, remove, alter, repair, cleanse, disinfect, or put in good order any latrine, urinal, water-closet, drain, cesspool, or other receptacle for filth, sullage, rubbish or refuse pertaining to such land and building, or to remove or alter any door or trap or construct any drain for any such latrine, urinal or water-closet which opens on to a street or drain or to shut off such latrine, urinal or water-closet by a sufficient roof or wall o
(1) A Gram Panchayat shall have control over all public streets and waterways within its jurisdiction other than canals as defined in section 3 of the Bengal Irrigation Act, 1876 (Ben. Act III of 1876), not being private property and not being under the control of the Central or State Government or any local authority and may do all things necessary for the maintenance and repair thereof, and may, -
(a) construct new bridges and culverts;
(b) divert or close any such public street, bridge or culvert;
(c) widen, open, enlarge or otherwise improve any such public street, bridge or culvert and with minimum damage to the neighbouring fields, plant and preserve trees on the sides of such street;
(d) deepen or otherwise improve such waterways;
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supply.-(1) A Gram Panchayat may, by written notice, require the owner of, or the person having control over, a private water-course, spring, tank, well, or other place, the water of which is used for drinking or culinary purpose, after taking into consideration his financial position, to take all or any of the following steps within a reasonable period to be specified in such notice, namely -
(a) to keep and maintain the same in good repair;
(b) to clean the same, from time to time of silt, refuse or decaying vegetation;
(c) to protect it from pollution; and
(d) to prevent its use, if it has become so polluted as to be prejudicial to public health:
Provided that a person upon whom a notice as aforesaid h
(1) Notwithstanding anything contained in the Bengal Water Hyacinth Act, 1936 (Ben. Act XIII of 1936), a Gram Panchayat may, by written notice, require the owner or occupier of any land or premises, containing a tank or pond or similar deposit of water after taking into consideration his financial position, not to allow water-hyacinth or any other weed which may pollute water to grow thereon and to eradicate the same therefrom within such reasonable period as may be specified in the notice:
Provided that a person on whom a notice as aforesaid has been served may, within thirty days from the date of receipt of the notice, appeal to the prescribed authority against the order contained in the notice whereupon the prescribed authority may stay the operation of the order contained in the notice till the disposal of the appeal and it may, after giving such notice of the appeal to the Gra
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.
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 noncompliance, cause such work to be carried out and the cost of carrying out such work shall be recoverable as an arrear of public demand from the person on whom the notice was served.
(1) Subject to such rules as may be prescribed, two or more Gram Panchayats may combine, by a written instrument duly subscribed by them, to appoint a Joint Committee consisting of such representatives as may be chosen by the respective Gram Panchayats for the purpose of transacting any business or carrying out any work in which they are jointly interested and may -
(a) delegate to such Committee the power, with such conditions as the Gram Panchayat may think fit to impose, to frame any scheme binding on each of the constituent Gram Panchayats as to the construction and maintenance of any joint work and the power which may be exercised by any such Panchayat in relation to such scheme; and
(b) frame or modify rules regarding the constitution of such committees and the term of office of the members thereof and the method of conducting busi
(1) A Zilla Parishad 1[or the Mahakuma Parishad or the Council] may, with the concurrence of a Gram Panchayat and subject to such restriction and conditions as may be mutually agreed upon, delegate to such Gram Panchayat any of its functions in the manner prescribed.
1. Ins. by s. 7(a) of the West Bengal Panchayat (Amendment) Act, 1988 (West Ben. Act XX of 1988).
(2) Where functions are delegated to Gram Panchayat, under this section, the Gram Panchayat, in the discharge of such functions, shall act as the agent of 2[the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be.]
2. Subs. by s. 7(b), ibid for "the Zilla Parishad".
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.
(1) Subject to such direction as may be issued by the State Government in this behalf, a Gram Panchayat shall, as soon as may be within three months following the first meeting referred to in section 9, constitute Upa-Samitis as referred to in sub-section (2) and delegate its powers, functions and duties to such Upa-Samitis, in such manner as may be prescribed,
1. Section 32A subs. by s. 4 of the West Bengal Panchayat (Amendment) Act, 2003 (West Ben. Act VIII of 2003), which was earlier subs. by s. 13 of the West Bengal Panchayat (Amendment) Act, 1997 (West Ben. Act XV of 1997) (w.e.f. 8.8.1997) as under:
"32A, Delegation of powers, functions and duties of Gram Panchayats to its members,-(1) Subject to such direction as may be issued by the State Government in this behalf, a Gram Panchayat shall, as soon as may be within three months fol
The State Government may, by general or special order, published in the Official Gazette, empower a Gram Panchayat to manage the estates and all interests therein which are vested in the State and to exercise such powers, perform such functions and discharge such duties in connection therewith as may be conferred, assigned or imposed by or under any other law for the time being in force.
(1) The Pradhan shall -
(a) be responsible for the maintenance of the records of the Gram Panchayat;
(b) have general responsibility for the financial and executive administration of the Gram Panchayat;
(c) exercise administrative supervision and control over the work of the staff of the Gram Panchayat and the officers and employees whose services may be placed at the disposal of the Gram Panchayat by the State Government;
(d) for the transaction of business connected with this Act or for purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Gram Panchayat under this Act or the rules made thereunder:
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(1) For every Gram Panchayat there shall be such number of Gram Panchayat Karmees, as may be determined by general or special order, by the State Government and such Gram Panchayat Karmees shall be appointed by the Executive Officer of Panchayat Samiti having jurisdiction: Provided that no post of Gram Panchayat Karmees shall be created or abolished and no revision of the scale of pay shall be made by the Executive Officer of Panchayat Samiti without the prior approval of the State Government.
2. Section 35 subs. by s. 6 of the West Bengal Panchayat (Second Amendment) Act, 2006 (West Ben. Act II of 2006) (w.r.e.f. 4.1.2006), which was earlier amended by s. 14 of the West Bengal Panchayat (Amendment) Act, 1997 (West Ben. Act XV of 1997) (w.e.f. 8.8.1997) and finally was as under:
"35. Secretary of the Gram Panchayat.-(1) There shall be a
(1) A Gram Panchayat may, engage tax collectors in such manner, as may be determined, by order, by the State Government for a specified period or for a specified job on the basis of contract and instrument of such contract shall include that such tax collectors shall receive, for his service, commission and a consolidated allowance at such rate as the State Government may, by order, determine.
1. Section 35A ins. by s. 7 of the West Bengal Panchayat (Second Amendment) Act, 2006 (West Ben. Act II of 2006) (w.r.e.f. 4.1.2006).
(2) The State Government may, by order, empower Gram Panchayat to engage other contractual workers for a specified period, in such manner, and on such terms and conditions, as may be prescribed for implementation of schemes under the National Rural Employment Guarantee Act, 2005 (42 of 2005).
(3) Tax collectors an
(1) Subject to such rules as may be made by the State Government in regard to the discipline and control, the Pradhan shall exercise general control over all employees of Gram Panchayat and Gram Panchayat may recommend, in such manner as may be prescribed punishment of an employee, appointed under sub-section (1) and subsection (2) of section 35, to the Executive Officer of the Panchayat Samiti having jurisdiction.
2. Section 36 subs. by s. 8, ibid (w.r.e.f. 4.1.2006), which was earlier amended by s. 14 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984) and finally was as under:
"36. Staff of the Gram Panchayat.-(1) Subject to such rules as may be made by the State Government in this behalf, a Gram Panchayat may appoint such officer and employees as may be required by it and may fix the salaries and allowan
(1) An appeal shall lie to the Panchayat Samiti against an order of punishment awarded by the Executive Officer of Panchayat Samiti under clause (a) of sub-section (2) of section 36 within 0ne month from the date of that order.
1. Section 36A subs. by s. 9 of the West Bengal Panchayat (Second Amendment) Act, 2006 (West Ben. Act II of 2006) (w.r.e.f. 4.1.2006), which was earlier ins. by s. 15 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984) as under:
"36A. Exercise of powers, etc. by the officers and employees.-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 dispo
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 employees of the Gram Panchayat appointed under sub-section (1) and sub-section (2) of section 35 and other employees whose services have been placed at the disposal of the Gram Panchayat under sub-section (4) of section 35 shall exercise such powers, perform such functions and discharge such duties as the Gram Panchayat may determine.]
2. Section 36B ins. by s. 10 of the West Bengal Panchayat (Second Amendment) Act, 2006 (West Ben. Act II of 2006) (w.r.e.f. 4.1.2006).
(1) For general watch and ward, prevention of crime, protection of life and property running of office of the Gram Panchayat and discharging all functions relevant thereto as hereinafter provided within the local limits of the jurisdiction of a Gram Panchayat every Gram Panchayat shall, unless otherwise directed or other provisions are made by the State Government, maintain under its control such number of Dafadars, Chowkidars and Gram Panchayat Karmees as the State Government may by general or special order determine.
(2) The manner of maintenance of Dafadars, Chowkidars and Gram Panchayat Karmees by a Gram Panchayat, the salary, allowances and gratuity to be paid to them and the nature and the cost of their equipment and all matters relating to their recruitment, conditions of service, superannuation, discipline, punishment and dismissal shall be determined in accordance with suc
The State Government may contribute to the Gram Panchayat Fund the entire or any part of the cost of maintenance of Dafadars, Chowkidars and Gram Panchayat Karmees including the amount necessary for the payment of salary, allowances, provident fund and gratuity to Dafadars, Chowkidars and Gram Panchayat Karmees and the amount necessary for their reward and equipment.
(1) Every Chowkidar or Gram Panchayat Karmee shall exercise the following powers and perform the following duties, namely :-
(i) he shall give immediate information to the officer-in-charge of the police-station having jurisdiction over the area and to the Pradhan of the Gram Panchayat, of every unnatural, suspicious or sudden death which may occur, and of any offence specified in the First Schedule which may be committed within the jurisdiction of the Gram Panchayat and he shall keep the officer-in-charge of the said police station and the Pradhan informed of all disputes which are likely to lead to a riot or serious affray;
(ii) he may, without an order from a Magistrate and without a warrant, arrest-
(a) any person who has been concerned in any cognizable offence or against whom a reasonabl
Whenever a Dafadar, Chowkidar or Gram Panchayat Karmee arrests any person under section 39 he shall forthwith take the person so arrested to the police-station having jurisdiction over the area in which the arrest is made:
Provided that if the arrest is made at night such person shall be so taken as soon as convenient, by the following morning."
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 1[the prescribed authority].
1. Subs. by s. 14 of the West Bengal Panchayat (Third Amendment) Act, 2006 (West Ben. Act XXXVII of 2006) (w.e.f. 4.6.2007) for "the State Government".
(1) All property within the local limits of the jurisdiction of Gram Panchayat of the nature hereinafter in this section specified, other than property maintained by the Central or the State Government or a local authority or any other Gram Panchayat, shall vest in and belongs to the Gram Panchayat, and shall, with all other property of whatsoever nature or kind which may become vested in the Gram Panchayat, be under its direction, management and control, that is to say-
(a) all public streets, including the soil, stones and other materials thereof and all drains, bridges, culverts, trees, erection, materials, implements and other things provided for such streets;
(b) all public channels, water courses, springs, tanks, ghats, reservoirs, cisterns, wells, aqueducts, conduits, tunnels, pipes, pumps and other waterworks whether made, laid o
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.
Where a Gram Panchayat requires land for carrying out any of the purposes of this Act, it may negotiate with the person or persons having interest in the said land, and if it fails to reach an agreement, it may make an application to the 1[Collector] for the acquisition of the land, who may, if he is satisfied that the land is required for a public purpose, take steps to acquire the land and such land shall, on acquisition, vest in the Gram Panchayat.
1. Subs. by s. 16 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984) for "District Magistrate".
(1) For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the name of the Gram Panchayat and there shall be placed to the credit thereof-
(a) contributions and grants, if any, made by the Central or the State Government;
(b) contributions and grants, if any, made by the Zilla Parishad, 2[Mahakuma Parishad, Council,] Panchayat Samiti or any other local authority;
2. Ins. by s. 8 of the West Bengal Panchayat (Amendment) Act, 1988 (West Ben. Act XX of 1988).
(c) loans, if any, granted by the Central Government or the State Government;
(d) all receipts on account of taxes, rates and fees levied by it;
(e) all receipts in respect of any s
(1) Subject to such rules as may be made in this behalf, a Gram Panchayat shall impose yearly -
2[(a) on lands and buildings within the local limits of its jurisdiction, a tax -
2. Clause (a) subs. by s. 18(a) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
(i) at the rate of 3[one per centum] of the annual value of such lands and buildings when the annual value does not exceed rupees one thousand, and
3. Subs. by s. 17(1) of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994) for "half per centum".
(ii) at the rate of 4[two per centum] of the annual value of such lands and buildings when the annual value exceeds rupees one thousand, to be paid
(1) Subject to such maximum rates as the State Government may prescribe, a Gram Panchayat may levy the following 3[fees, rates and tolls,] namely:-
(i) fees on the registration of vehicles;
(ii) fees on plaints and petitions and other processes in suits and cases instituted before the Nyaya Panchayat concerned;
(iii) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and me/as within its jurisdiction as may be specified by the State Government by notification;
3. Subs. by s. 13(1) of the West Bengal Panchayat (Amendment) Act, 1992 (West ben. Act XVII of 1992) for "fees and rates."
(iv) a water rate, where arrangement for the supply of water for drinking, irrigation or
A Gram Panchayat may borrow money from the State Government or 4[* * * ] from banks or other financial institutions for furtherance of its objective on the basis of such specific schemes as may be drawn up by the Gram Panchayat for the purpose.]
3. Section 47A ins. by s. 14 of the West Bengal Panchayat (Amendment) Act, 1992 (West Ben. Act XVII of 1992).
4. The words", with the previous sanction of the State Government," omitted by s. 19 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).
(1) Every Gram Panchayat shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year 5[* * * *].
5. The words "and shall submit the budget to the Panchayat Samiti having jurisdiction over the area of the Gram" omitted by s. 20(1). ibid.
6[(2) (a) The budget prepared under sub-section (1) shall be written in vernacular of the district or the locality concerned and copies of the budget shall be posted in such prominent places within the Gram Panchayat as may be prescribed, inviting objections and suggestions by the members of the Gram Sabha.
6. Sub-section (2) subs. by s. 20(2), ibid, which was earlier as under:
"(2) The Panchayat Samiti may, within such
2[(1)] A Gram Panchayat may prepare in each year a supplementary estimate providing for any modification of its budget and 3[approve it in a meeting specially convened for the purpose and in the presence of at least half of the existing members] within such time and in such manner as may be prescribed.
2. Original section 49 renumbered as sub-section (1) of that section by s. 21(1), ibid.
3. Subs. by s. 21(1) ibid for "submit it to the Panchayat Samiti for approval".
4[(2) A copy of the supplementary estimate as approved under sub-section (1) shall be forwarded to the Panchayat Samiti having jurisdiction.]
4. Sub-section (2) ins. by s. 21(2), ibid.
A Gram Panchayat shall keep such accounts and in such form as may by prescribed.
(1) Every Gram Panchayatshall, 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 5[Zilla Parishad, Mahakuma Parishad, Council] or of any municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1 , for the trial of-
5. Subs. by s. 9 of the West Bengal Panchayat (Amendment) Act, 1988 (West Ben. Act XX of 1988) for "or Zilla Parishad".
(a) the offences specified in the Second Schedule or
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), a Nyaya Panchayat constituted under section 51 shall have jurisdiction, within the local limits of the Gram Panchayat constituting such Nyaya Panchayat; to try all offences specified in the Second Schedule, Part A; and, with effect from the date specified in the notification referred to in sub-section (2) of section 51, no other court shall, except as otherwise provided in this Act, take cognizance of any case triable by a Nyaya Panchayat :
Provided that nothing in this Act shall take away the jurisdiction of any court to try a case which a Nyaya Panchayat is prohibited by section 78 from trying or which should be, in the opinion of the Nyaya Panchayat or of the Sessions Judge or the Sub-divisional Judicial Magistrate exercising the power conferred by subsection (1) of section 79, tried in a
A case before Nyaya Panchayat may be instituted by petition more orally or in writing to the Secretary of the Gram Panchayat or in his absence to a member of the Nyaya Panchayat. If the petition is made orally, the Secretary or the member, as the case may be, shall draw up a statement recording the name of the petitioner, the name of the person against whom the petition is made, the nature of the offence and such other particulars, if any, as may be prescribed, and the signature or the thumb impression of the petitioner shall be taken thereon. The Secretary or the member, as the case may be, shall, thereafter, direct the petitioner to appear before the Nyaya Panchayat on a particular date.
(1) If upon the face of the petition, or on examining the petitioner, the Nyaya Panchayat is of opinion that the petition is frivolous, vexatious or untrue, it shall dismiss the case by an order in writing.
(2) If at any time it appears to the Nyaya Panchayat -
(a) that it has no jurisdiction to try the case; or
(b) that the offence is one for which the sentence which it is competent to pass would be inadequate; or
(c) that the case is one which should not be tried by it, shall direct the petitioner by an order in writing to the court which would have had jurisdiction to try the offence but for the provisions of this Act.
If in any case before a Nyaya Panchayat the petitioner fails, to appear on the day fixed, or if in the opinion of the Nyaya Panchayat, he shows negligence in prosecuting his case, the Nyaya Panchayat may dismiss the case for default, and such order of dismissal shall operate as an acquittal.
(1) If the petition be not dismissed, the Nyaya Panchayat shall, subject to the provisions of section 83, by summons require the accused to appear and answer the petition.
(2) If the accused fails to appear or cannot be found, the Nyaya Panchayat shall report the fact to the nearest Sub-divisional Judicial Magistrate, who would have had jurisdiction to try the offence but for the provisions of this Act, who may issue a warrant for the arrest of the accused and when arrested may forward him for trial to the Nyaya Panchayat or release him on bail to appear before it.
(3) The Nyaya Panchayat shall, if possible, try the case on the day on which the accused appears or is brought before it, but if that is not possible, the Nyaya Panchayat shall release him on his executing a bond for a sum not exceeding twenty-five rupees to appear before it o
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), the Nyaya Panchayat may allow the parties to compound any offence triable by it.
Notwithstanding anything contained in the Code of Criminal Procedure 1898 (5 of 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.
(1) A Nyaya Panchayat shall, after hearing the parties and after considering the evidence adduced by the parties record its decision in writing, and may sentence any offender convicted by it to pay a fine not exceeding fifty rupees:
Provided that if the members of the Nyaya Panchayat present during the trial of a case fail to come to a unanimous decision, the decision of the majority of such members shall be the decision of the Nyaya Panchayat :
Provided further that in the case of equality of votes of the members of a Nyaya Panchayat present during the trial of a case, the Pradhan Vicharak, or the person who is elected as Pradhan Vicharak for that sitting, shall have a second or casting vote and the decision of the Nyaya Panchayat shall be in accordance with such second or casting vote.
(2) N
When any person is convicted by a Nyaya Panchayat and no previous conviction is proved against him, if it appears to the said Nyaya Panchayat that regard being had to the age, character and antecedents of the offender and to the circumstances in which the offence was committed, it is expedient -
(a) that the offender should be released after due admonition the Nyaya Panchayat may, instead of sentencing him to any punishment, release him after due admonition; or
(b) that the offender should be released on probation of good conduct, the Nyaya Panchayat may, notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), instead of sentencing him at once to any punishment, direct that he shall be released on his executing a bond for a sum not exceeding fifty rupees to appear and receive sentence when called upon during such period (not exceeding one year) as
(1) Notwithstanding anything contained in the Bengal, Agra and Assam Civil Courts Act, 1887 (12 of 1887), the Provincial Small Cause Courts Act, 1887 (9 of 1887), and the Code of Civil Procedure 1908 (5 of 1908), and subject to the provisions of sections 62 and 63, a Nyaya Panchayat shall have, within the local limits of the Gram Panchayat constituting such Nyaya Panchayat, jurisdiction to try the following classes of suits when the value of the suit does not exceed two hundred and fifty rupees, namely :-
(a) suits for money due on contracts;
(b) suits for the recovery of movable property or the value of such property;
(c) suits for compensation for wrongfully taking or damaging movable property; and
(d) suits for damages by cattle-trespass.
&nb
Section 61 of the West Bengal Panchayat Act, 1973, pertains to the civil jurisdiction of Nyaya Panchayats (village courts) within the Panchayati Raj system. It delineates the scope of civil suits that can be tried by these local bodies, thereby integrating civil dispute resolution into the Panchayat framework.
Section 61 specifies that Nyaya Panchayats have jurisdiction to try certain classes of civil suits, as enumerated in the section. It also provides provisions for imposing fines and other penalties when a Nyaya Panchayat exercises its jurisdiction.
Note: The references are based on the provided sources, primarily "," which contains the relevant legal provisions and commentary on Section 61.
No suit shall lie in any Nyaya Panchayat-
(a) on a balance of partnership account;
(b) for a share or part of a share under an intestacy, or for a legacy or part of legacy under a Will;
(c) by or against the Union of India or a State Government or a local authority or public officers for acts done in their official capacity;
(d) by or against minors or persons of unsound mind or when any such person is in the opinion of the Nyaya Panchayat a necessary party;
(e) for the assessment, enhancement, reduction, abatement, apportionment or recovery of rent of immovable property; or
(f) by a mortgagee of immovable property for the enforcement of the mortgage by foreclosure or sale of the property or otherwise,
(1) Every suit instituted before a Nyaya Panchayat shall include the whole of the claim which the plaintiff is entitled to make in respect of the matter in dispute, but he may relinquish any portion of his claim in order to bring the suit within the jurisdiction of the Nyaya Panchayat.
(2) If the plaintiff omits to sue in respect of or relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished.
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.
(1) A suit before a Nyaya Panchayat may be instituted by petition made orally or in writing to the Secretary of the Gram Panchayat or in his absence to a member of the Nyaya Panchayat. If the petition is made orally the Secretary or the member, as the case may be, shall draw up a statement recording the name of the petitioner, the name of the person against whom the petition is made, the nature of the claim and such other particulars, if any, as may be prescribed and the signature or the thumb impression of the petitioner shall be taken thereon. The Secretary or the member, as the case may be, shall thereafter direct the petitioner to appear before the Nyaya Panchayat on a particular date.
(2) The plaintiff on instituting his suit shall state the value of the claim.
(1) If at any time the Nyaya Panchayat is of opinion that the suit is barred by limitation it shall dismiss the suit by an order in writing.
(2) If at any time it appears to the Nyaya Panchayat that it has no jurisdiction to entertain the suit, it shall direct the petitioner to the court having jurisdiction to try such suit.
(3) Where it is proved to the satisfaction of the Nyaya Panchayat hat a suit has been adjusted wholly or in part by any lawful agreement or compromise or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit. The Nyaya Panchayat shall pass a decree in accordance therewith so far as it relates to the suit:
Provided that where the Nyaya Panchayat refuses to pass a decree in accordance with the agreement or compromise, it shall record its reasons in writing
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.
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.
If the defendant fails to appear and the Nyaya Panchayat is satisfied that the summons was duly served it may decide the suit ex-parte:
Provided that any defendant against whom a suit has been decided ex-parte may, within thirty days from the date of executing any process for enforcement of the decision, apply, orally or in writing, to the Nyaya Panchayat to set aside the order; and the Nyaya Panchayat, if satisfied that the summons was not duly served on the defendant, or that the defendant was prevented from appearing at the time when the suit was called on for hearing by any sufficient cause, shall set aside the decision and shall appoint a day ,for proceeding with the suit.
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.
(1) Subject to the provisions of clauses (c) and (d) of section 62, the Nyaya Panchayat shall add as parties to a suit any person whose presence as parties it considers necessary for a proper decision thereof, and shall enter the names of such parties in the register of suits, and the suit shall be tried-as between the parties whose names are entered in the said register:
Provided that when any party is added, notice shall be given to him and he shall be given an opportunity to appear before the trial of the suit is proceeded with.
(2) in all cases where a new party appears under the proviso to sub-section (1) during the trial of a suit, he may require that the trial shall begin de novo if by chance anybody added as defendant during the trial of the suit, the fresh trial shall be started.
(1) When the parties or their agents have been heard and the evidence on both sides considered, the Nyaya Panchayat shall, by written order, pass such decree as may seem just, equitable and according to good conscience, stating in the decree the amounts of prescribed fees and the amount, if any, paid to witnesses under sub-section (3) of section 82 and the persons by whom such amounts are payable:
Provided that if the members of the Nyaya Panchayat present during the trial of a suit fail to come to a unanimous decision, the decision of the majority of such members shall be the decision of the Nyaya Panchayat :
Provided further that in the case of equality of votes of the members of a Nyaya Panchayat present during the trial of a suit, the Pradhan Vicharak, or the person who is elected as Pradhan Vicharak for that sitting, shall have a se
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.
The decision of a Nyaya Panchayat in every suit shall be final as between the parties to the suit:
Provided that the Munsif who would have had jurisdiction to try the suit but for the provisions of this Act, may, on the application of any party to the suit made within thirty days of the decree or order of the Nyaya Panchayat, cancel or modify the decree or order of the Nyaya Panchayat, or direct a retrial of the suit by the same or any other Nyaya Panchayat if he is satisfied that there has been a failure of justice.
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.
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.
No Nyaya Panchayat shall try any case or other proceeding in which the Gram Panchayats concerned or any member of such Nyaya Panchayat is a party or is interested.
(1) The Sessions Judge or the Sub-divisional Judicial Magistrate within the local limits of whose jurisdiction the Nyaya Panchayat is situate, may, of his own motion or on the application of any of the parties to a case or on the motion of the Nyaya Panchayat concerned, withdraw the case pending before a Nyaya Panchayat if, for reasons to be recorded by him in writing, he is of opinion that the case is one which should not be tried or heard by the Nyaya Panchayat, and may try or hear the case himself or transfer it for disposal to another Judicial Magistrate who would have had jurisdiction to try the case but for the provisions of this Act.
(2) The District Judge, within the local limits of whose jurisdiction a Nyaya Panchayat is situate, may, of his own motion or on the application of any of the parties to a suit or on the motion of the Nyaya Panchayat concerned, withdraw the suit
(1) No Nyaya Panchayat shall try any suit in which the matter directly and substantially in dispute has been heard and finally decided by a court of competent jurisdiction in a former suit between the same parties, or between parties under whom they or any of them claim.
(2) No Nyaya Panchayat shall proceed with the trial of any suit in which the matter directly and substantially in dispute is pending for decision in the same Nyaya Panchayat or in any other court in a previously instituted suit between the same parties or between parties under whom they or any of them claim.
(3) No Nyaya Panchayat shall try a person who has once been tried by a court or a Nyaya Panchayat of competent jurisdiction for an offence and convicted or acquitted of such offence, while such conviction or acquittal remains in force.
(1) The Sessions Judge and the Sub-divisional Judicial Magistrate within the local limits of whose jurisdiction the Nyaya Panchayat is situate, shall have the power at all times to inspect the proceedings of any criminal case and the records of criminal cases maintained by a Nyaya Panchayat.
(2) The District Judge and the Munsif within the local limits of whose jurisdiction the Nyaya Panchayat is situate, shall have the power at all times to inspect the proceedings of any suit and the records of suits maintained by a Nyaya Panchayat.
(1) Subject to the provisions of section 85, a Nyaya Panchayat may, by summons, send for any person to appear and give evidence or to produce or cause the production of any document:
Provided that no person who is exempt from personal appearance in court under sub-section (1) of section 133 of the Code of Civil Procedure, 1908 (5 of 1908), shall be required to appear in person before a Nyaya Panchayat.
(2) A Nyaya Panchayat shall refuse to summon a witness or to enforce a summons already issued against a witness, where, in the opinion of the Nyaya Panchayat, the attendance of the witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.
(3) A Nyaya Panchayat shall not require any person living outside the
(1) The parties to cases triable by a Nyaya Panchayat shall appear personally before the Nyaya Panchayat :
Provided that the Nyaya Panchayat, if it thinks fit so to do, may dispense with the personal attendance of an accused and permit him to appear by agent.
(2) The parties to suits triable by a Nyaya Panchayat may appear by agent.
Explanation.-"Agent" in sub-sections (1) and (2), means a person who is authorised in writing to appear and plead for either party.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), no person whose name is included in a list of touts framed and published by Sub-divisional Magistrate under section 80A of the Registration Act, 1908 (16 of 1908), shall be permitted to appear as an agent of a party before a Nyaya Panchayat.
Notwithstanding anything contained in the Legal Practitioners Act, 1879 (18 of 1879), legal practitioners shall not be permitted to practise before a Nyaya Panchayat.
No women shall be compelled to appear in person before a Nyaya Panchayat as an accused or as a witness.
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.
Where a suit is maintainable in more than one Nyaya Panchayat, the plaintiff may bring the suit in anyone 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.
(1) All fees imposed and all sums decreed under this Act by a Nyaya Panchayat may be realised under the orders of the Nyaya Panchayat in the same manner as an arrear of rate or tax imposed under this Act and any amount realised in pursuance of such an order shall be paid to the persons entitled to get the same.
(2) If the Nyaya Panchayat granting a decree is unable to effect satisfaction thereof, it shall grant the decree-holder a certificate to that effect stating the amount due to him and the amount due as costs of the suit.
(3) The decree-holder to whom the certificate referred to in sub-section (2) is granted, may make an application, on production of such certificate, to the court of the Munsif within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business or personally works for
Every Nyaya Panchayat shall maintain such registers and records and submit such returns as may be prescribed.
(1) A member of a Nyaya Panchayat may resign during his term of office by notifying in writing his intention to do so to the prescribed authority and, on such resignation being accepted by the prescribed authority, shall be deemed to have vacated his office.
(2) When the office of a member of a Nyaya Panchayat becomes vacant by resignation or otherwise a new member shall, in the same manner as laid down in section 51, be elected by the Gram Panchayat, who shall hold office so long as the member whose office he fills would have been entitled to hold office if such vacancy had not occurred:
Provided that no act of the Nyaya Panchayat shall be deemed to be invalid by reason only that the number of members of Nyaya Panchayat at the time of the performance of such act was less than the prescribed number.
(1) The State Government may, by an order in writing, at any time, for good and sufficient reason to be stated in such order, remove a member of a Nyaya Panchayat.
(2) Before removing a member under sub-section (1) the State Government shall allow the member concerned an opportunity of being heard in accordance with such rules as may be prescribed.
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 (West Ben. Act VIII of 1970), is not in force, be construed as a reference to the District Magistrate, Sub-divisional Magistrate and Magistrate, respectively.
(1) The State Government may, by notification, divide a district into Blocks each comprising such contiguous Gram as may be specified in the notification:
1[Provided that a Block may comprise such Grams as are not contiguous or have no common boundaries and are separated by an area to which this Act does not extend or in which the remaining sections of this Act referred to in sub-section (3) of section 1 have not come into force.]
1. Proviso ins. by s. 6(a) of the West Bengal Panchayat (Amendment) Act. 1983 (West Ben. Act II of 1983).
(2) The notification under sub-section (1) shall specify the name of the Block by which it shall be known and shall specify the local limits of such Block.
(3) The State Government may, after making such enquiry as it
(1) For every Block the State Government shall constitute a Panchayat Samiti bearing the name of the Block.
(2) The Panchayat Samiti shall consist of the following members, namely :-
(i) Pradhan of the Gram Panchayats within the Block, ex-officio;
(ii) such number of persons not exceeding three as may be prescribed 1[on the basis of the number of voters in hill areas and other areas] to be elected from each Gram within the Block, the Gram being divided 2[by the prescribed authority] for the purpose into as many constituencies as the number of the persons to be elected, and the election being held by secret ballot at such time and in such manner as may be prescribed, 3[from amongst the persons, whose names are included in the electoral roll 4[pertaining to the area comprised in the Block, prepa
(1) When any Gram is excluded from a Block under clause (a) of sub-section (3) of section 93, such Gram shall, as from the date of the notification referred to in that sub-section, cease to be subject to the jurisdiction of the Panchayat Samiti of that Block and, unless the State Government otherwise directs, to the rules, orders, directions and notifications in force therein.
(2) When a Gram is included in a Block under clause (b) of sub-section (3) of section 93, the Panchayat Samiti for that Block shall, as from the date of the notification referred to in that sub-section, have jurisdiction over such Gram and, unless the State Government otherwise directs, all rules, orders, directions and notifications in force in that Block shall apply to the Gram so included.
4[(3) When the area of any Block is divided under clause (c) of sub-secti
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 person 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
(1) The members of a Panchayat Samiti, other than ex-officio members, shall subject to the provisions of sections 100 and 213A, hold office for a period of five years from the date of its first meeting and no longer.
1. Section 96 subs. by s. 23 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994), which was earlier as under:
"96. 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.
(2) The period of five years referred to in sub-section (1) shall be held to include any period which may elapse between th
[96A. * * * *]
2. Section 96A omitted by s. 24 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. XVIII of 1994), which was earlier ins. by s. 16 of the West Bengal Panchayat (Amendment) Act, 1992 (West Ben. Act XVII of 1992) as under:
"96A. General election to Panchayat Samitis.-(1) There shall be held a general election for the constitution of a Panchayat Samiti in accordance with the provisions of section 94 before the expiry of the term of office of the members thereof under section 96.
(2) Notwithstanding anything contained in sub-section (1). if the State Government is of opinion that circumstances exist under which it is not possible to hold election in the area or in any part of the area of a Panchayat Samiti, it may, on the expiry of the term of office of the members of the
Subject to the provisions contained in sections 140 and 142, a person shall not be qualified to be a member of a Panchayat Samiti, if-
(a) he is member 3[* * *] of any municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1; or
3. The words "of a Gram Panchayat other than the Pradhan or a Nyaya Panchayat or a Zilla Parishad or" omitted by s. 20(a) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
4[(b) he is in the service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti or 5[a Zilla Parishad or Mahakuma Parishad or the Council] and for the purposes of this clause, it is hereby declared that a person in the service of any undertaking of the Central or the State Government or any statutory
(1) Every Panchayat Samiti shall, at its first meeting at which a quorum is present, elect, in the prescribed manner, one of its members to be the Sabhapati and another member to be the Sahakari Sabhapati of the Panchayat Samiti:
Provided that members referred to in 4[clauses (i) and (iii) of sub-section (2) of section 94 5[shall neither participate in, nor be eligible for, such election :]
4. Subs. by s. 21 (a) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984) for "clause (iii)", which were earlier subs. with retrospective effect by s. 2 of the West Bengal Panchayat (Third) Amending Act, 1978 (West Ben. Act LVIII of 1978) for "sub-clause (iii) of clause (a)".
5. Subs. by s. 26(1)(a) of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994
(1) The Sabhapati or the Sahakari Sabhapati or any other member of a Panchayat Samiti may resign his office by notifying in writing his intention to do so mentioning the reasons for his resignation and also his present postal address for further communication, to the prescribed authority.
3. Section 99 subs. by s. 17 of the West Bengal Panchayat (Amendment) Act, 2010 (West Ben. Act VIII of 2010) (w.e.f. 1.7.2010), which was earlier subs. by s. 16 of the West Bengal Panchayat (Third Amendment) Act, 2006 (West Ben. Act XXXVII of 2006) (w.e.f. 4.6.2007) as under:
"99. Resignation of Sabhapati or Sahakari Sabhapati or member.-(1) (a) The Sabhapati of a Panchayat Samiti may resign his office by notifying in writing his intention to do so to the Sahakari Sabhapati.
(b) A Sahakari Sabhapati or a memb
(1) The prescribed authority may, after giving opportunity to a member of a Panchayat Samiti 1[other than an ex officio member] to show cause against him, by order remove him from office-
1. Ins. by s. 22(a)(i) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
1[(a) if after his election he is convicted by a criminal court of an offence punishable with imprisonment for a period of more than six months involving moral turpitude or involving any other cognizable offence; or]
1. Clause (a) subs. by s. 17(1) of the West Bengal Panchayat (Third Amendment) Act, 2006 (West Ben. Act XXXVII of 2006) (w.e.1. 4.6.2007), which was earlier as under:
"(a) if after he becomes a member, he is convicted by a criminal court of an off
(1) Subject to other provisions of this section the Sabhapati or the Sahakari Sabhapati of a Panchayat Samiti may, at any time, be removed from his office by the majority of -the existing members of the Panchayat Samiti, referred to in clause (ii) of sub-section (2) of section 94, expressing their lack of confidence against the Sabhapati or the Sahakari Sabhapati or recording their decision to remove the Sabhapati or the Sahakari Sabhapati, at a meeting specially convened for the purpose.
2. Section 101 subs. by s. 18 of the West Bengal Panchayat (Amendment) Act, 2010 (West Ben. Act VIII of 2010) (w.e.f. 1.7.2010), which was earlier as under:
"101. Removal of Sabhapati or Sahakari Sabhapati.-(1) Subject to the other provisions of this section, a Sabhapati or a Sahakari Sabhapati of a Panchayat Samiti may, at any time, be removed from off
In the event of removal of a Sabhapati or a Sahakari Sabhapati under section 101 or when a vacancy occurs in the office of a Sabhapati or a Sahakari Sabhapati by resignation, death or otherwise, the Panchayat Samiti shall elect another Sabhapati or Sahakari Sabhapati in the prescribed manner.
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.
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.
(1) Every Panchayat Samiti shall hold a meeting 1[in its office at least once in every three months on such date and at such hour as the Panchayat Samiti may fix at the immediately preceding meeting :]
1. Subs. by s. 23(1)(i) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
Provided that the first meeting of a newly-constituted Panchayat Samiti shall be held 2[on such date and at such hour and at such place within the local limits of the Block concerned] as the prescribed authority may fix:
2. Subs. by s. 23(1)(ii), ibid for "in the office of the Block Development Officer concerned at such time".
Provided further that the Sabhapati when required in writing by one-fifth of the members of the Panchayat Samitito call a
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.
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.
The Block Development Officer shall attend meetings of the Panchayat Samiti and shall participate in the deliberations thereof.
(1) 1[A Panchayat Samiti shall function as a unit of self-government and, in order to achieve economic development and secure social justice for all, shall prepare -
(i) a development plan for the five-year term of the office of the members, and
(ii) an annual plan for each year by the month of January of the preceding year,
2[(iii) implement schemes as may be drawn up in the annual plan by the Panchayat Samiti, or as may be entrusted upon or transferred to or devolved upon it,]
1. Subs. by s. 28(1) of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994) for "A Panchayat Samiti shall have power to-".
2. Item (iii) ins. by s. 18(1) of the West Bengal Panchayat (Third Amendment) Act
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.
A Panchayat Samiti may transfer to the State Government or to the Zilla Parishad 1[or Mahakuma Parishador Council] 2[or to a Gram Panchayat] any road or part of a road or any other property, which is under its control or management, or which is vested in it, on such terms and conditions as may be agreed upon.
4. Ins. by s. 25(i), ibid.
1. Ins. by s. 12 of the West Bengal Panchayat (Amendment) Act, 1988 (West Ben. Act XX of 1988).
2. Ins. by s. 25(ii) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
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.
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.
(1) A Panchayat Samiti may be vested by the State Government with such powers under any local or special Act as the State Government may think fit.
(2) A Panchayat Samiti shall perform such functions as may be transferred to it by notification under section 31 of the Cattle Trespass Act, 1871 (1 of 1871).
(3) A Panchayat Samiti shall exercise such other powers, perform such other functions or discharge such other duties as the State Government may, by general or special order, direct.
4[(1) Without prejudice to the 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
1[(1)] A Panchayat Samiti shall exercise general powers of supervision over Gram Panchayats in the Block and it shall be the duty of these authorities to give effect to the directions of the Panchayat Samiti 2[* * *].
1. Original section renumbered as sub-section (1) of that section by s. 26 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
2. The words "on matter of policy or planning for development" omitted by s. 26(1), ibid.
3[(2) A Panchayat Samiti may -
(a) inspect, or cause to be inspected, any immovable property used or occupied by a Gram Panchayat within the Block or any work in progress under the direction of a Gram Panchayat,
(b) inspect or examine, or depute an
(1) Every Panchayat Samiti shall have a Block Sansad consisting of all members of the Gram Panchayats pertaining to the Block and all members of that Panchayat Samiti.
1. Section 115A ins. by s. 6 of the West Bengal Panchayat (Amendment) Act, 2003 (West Ben. Act VIII of 2003) (w.e.f. 15.7.2003).
(2) Every Panchayat Samiti shall hold an annual and a half-yearly meeting of such Block Sansad at such time and place and in such manner, as may be prescribed.
(3) One-tenth of the total number of members shall form a quorum for a meeting of Block Sansad :
Provided that if no quorum is available for such meeting, the meeting shall be adjourned to be held at the same time and place on the seventh day from the date of such meeting in the manner as may be presc
(1) No place within a Block shall 2[on conviction by a Magistrate,] be used for any trade or business declared by the State Government, by notification, to be offensive or dangerous, without a licence, which shall be renewable annually, granted by the Panchayat Samiti subject to such terms and conditions as the Panchayat Samiti may think fit to impose.
2. Ins. by s. 27 of the West Bengal Panchayat (Amendment) Act. 1984 (West Ben. Act XXXVII of 1984).
(2) The Panchayat Samiti may levy in respect of any licence granted by it under sub-section (1) a fee subject to the maximum rate prescribed by the State Government under sub-section (1) of section 133.
(3) Whoever uses without a licence any place for the purpose of any trade or business declared under sub-section (1) to be offensive or dangerous,
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.
(1) The Sabhapati shall-
(a) be responsible for maintenance of the records of the Panchayat Samiti;
(b) have general responsibility for the financial and executive administration of the Panchayat Samiti;
(c) exercise administrative supervision and control over the work of the staff of the Panchayat Samiti and the officers and employees whose services may be placed at the disposal of the Panchayat Samiti by the State Government;
(d) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Panchayat Samiti under this Act or the rules made thereunder:
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2[(1)(a) There shall be an Executive Officer for every Panchayat Samiti and the Block Development Officer shall be such Executive Officer ex-officio.
2. Sub-section (1) subs. by s. 21 of the West Bengal Panchayat (Amendment) Act, 2010 (West Ben. Act VIII of 2010) (w.e.f. 1.7.2010), which was earlier as under:
"(1) There shall be an Executive Officer for every Panchayat Samiti and the Block Development Officer shall be the ex officio Executive Officer:
Provided that such Block Development Officer shall be recalled by the State Government if a resolution to that effect is passed by the Panchayat Samiti, at a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being."
(b) If a Panchayat S
The State Government may place at the disposal of the Panchayat Samiti the services of such officers or other employees serving under it 1[and on such terms and conditions] as it may think fit:
1. Ins. by s. 30 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
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.
(1) Subject to such rules as may be made by the State Government, the Executive Officer of Panchayat Samiti shall exercise general control over all employees of the Panchayat Samiti and may recommend punishment of an employee, appointed under sub-section (2) of section 119, to the Panchayat Samiti in such manner as may be prescribed.
2. Section 121 subs. by s. 13 of the West Bengal Panchayat (Second Amendment) Act, 2006 (West Ben. Act II of 2006) (w.r.e.f. 4.1.2006), which was earlier amended by s. 31 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984) and finally was as under :
"121. Control and punishment of the staff of the Panchayat Samiti.- (1) The Executive Officer shall exercise general control over all officers and employees of the Panchayat Samiti.
(2) Th
(1) An appeal shall be to the Executive Officer of Zilla Parishad against an order of punishment awarded by the Panchayat Samiti under clause (a) of sub-section (2) of section 121 within one month from the date of that order.
(2) An appeal shall lie to the Divisional Commissioner against an order of punishment awarded by the Executive Officer of Zilla Parishad under sub-section (3) of section 121 within one month from the date of that order.]
1. Section 122 subs. by s. 14 of the West Bengal Panchayat (Second Amendment) Act, 2006 (West Ben. Act II of 2006) (w.r.e.f. 4.1.2006), which was earlier as under:
"122. Appeal.-(1) An appeal shall lie to the Panchayat Samiti against an order of punishment awarded by the Executive Officer under sub-section (2) of section 121 within one month from the date
Subject to the provisions of this Act, the rules framed thereunder and to any general or special directions as the State Government may give in this behalf, the employees of the Panchayat Samiti appointed under sub-section (2) of section 119 and other officers and employees whose services have been placed at the disposal of the Panchayat Samiti under section 120 shall exercise such powers, perform such functions and discharge such duties as the Panchayat Samiti may determine.]
2. Section 123 subs. by s. 15. ibid (w.r.e.f. 4.1.2006), which was earlier as under:
"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
(1) A Panchayat Samiti shall have the following Sthayee Samitis, namely :-
(i) 3[Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti,
(ii) Janasasthya 4[O Paribesh] Sthayee Samiti,
(iii) Purta Karya 5[O Paribahan] Sthayee Samiti,
(iv) Krishi Sech O Samabaya Sthayee Samiti,
(v) 6[Shiksha, Sanskriti, Tathya O Krira] Sthayee Samiti,
(vi) 7[Sishu O Nari Unnayan, Janakalyan O Tran] Sthayee Samiti,
3. Subs. by s. 32(a) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben, Act XXXVII of 1984), for "Artha O Sanstha."
4. Ins. by s. 20(a)(1) of the West Bengal Panchayat (A
(1) The members of a Sthayee Samiti shall elect, in such manner as may be prescribed, a Chairman, to be called Karmadhyaksha, from among themselves:
Provided that the Sabhapati of the Panchayat Samiti shall be the ex-officio Karmadhyaksha of the 3[Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti :
3. Subs. by s. 33 (a) (i), ibid for "Artha a Sanstha".
Provided further that the member referred to in 4[clauses (i) and (iii)] of subsection (2) of section 94 shall not be eligible for such election.
4. Subs. by s. 33 (a)(ii), ibid for "clause (iii)", which were earlier subs. with retrospective effect by s. 4 of the West Bengal Panchayat (Third) Amending Act, 1978 (West Ben. Act LVIII of 1978) for "sub-clause (iii) of clause (a)".
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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.
When a vacancy occurs in the office of a Karmadhyaksha or a member of a Sthayee Samiti by resignation, death or otherwise, the members of the Sthayee Samiti shall elect another Karmadhyaksha or 1[the members of the Panchayat Samiti shall elect another] member, as the case may be, in the prescribed manner. The Karmadhyaksha or the member so elected shall hold office for the unexpired portion of the term of office the person in whose place he becomes a member.
1. Ins. by s. 34 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
[127 A. * * *]
3. Section 127A omitted by s. 10 of the West Bengal Panchayat (Amendment) Act, 2003 (West Ben. Act VIII of 2003) (w.e.f. 15.7.2003), which was as under:
"127 A. 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.
(2) The Secretary of the Panchayat Samiti shall act as the Secretary to the Samanway Samiti.
(3) The meeting of the Samanway Samiti shall be held at least once in a month in the office of the Panchayat Samiti in such manner as may be prescribed.
(4) The Samanway Samiti shall be responsible for co-ordinating
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 4[the prescribed authority].
4. Subs. by s. 20 of the West Bengal Panchayat (Third Amendment) Act, 2006 (West Ben. Act XXXVII of 2006) (w.e.f. 4.6.2007) for "the State Government".
All roads, buildings or other works constructed by a Panchayat Samiti with its own funds shall vest in it.
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.
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 (1 of 1894) and such land shall, on acquisition, vest in the Panchayat Samiti.
(1) For every Panchayat Samiti there shall be constituted a Panchayat Samiti Fund bearing the name of the Panchayat Samiti and there shall be placed to the credit thereof -
(a) contributions and grants, if any, made by the Central or the State Government including such part of the land revenue collected in the State as may be determined by the State Government;
(b) contributions and grants, if any, made by the Zilla Parishad 1[or Mahakuma Parishad or Council] or any other local authority;
1. Ins. by s.14 of the West Bengal Panchayat (Amendment) Act, 1988 (West Ben. Act XX of 1988).
(c) loans, if any, granted by the Central or the State Government or raised by the Panchayat Samiti on security of its assets;
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(1) Subject to such maximum rates as the State Government may prescribe, a Panchayat Samiti may -
(a) levy tolls on persons, vehicles or animals or any class of them at any toll-bar established by it on any road other than a kutcha road or any bridge vested in it or under its management,
(b) levy tolls in respect of any ferry established by it or under its management,
(c) levy the following fees and rates, namely :-
(i) fees on the registration of vehicles;
(ii) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and melas within its jurisdiction as may be specified by the State Government by notification;
(iii) a fee for li
(1) The scales of tolls, fees or rates and the terms and conditions for the imposition thereof shall be such as may be provided by bye-laws.
(2) Such bye-laws may provide for exemption from all or any of the tolls, fees or rates in any class of cases.
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.
Notwithstanding anything contained in section 135, a Panchayat Samitimay borrow money from the State Government or 2[* * *] from banks or other financial institutions, for furtherance of its objective on the basis of specific schemes as may be drawn up by the Panchayat Samiti for the purpose.]
1. Section 135A ins. with retrospective effect by s. 3 of the West Bengal Panchayat (Fourth) Amending Act, 1978 (West Ben. Act XLII of 1978).
2. The words "with the previous sanction of the State Government," omitted by s. 31 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).
(1) Every Panchayat Samiti shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year 3[* * *].
3. The words "and submit the budget to the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be, having jurisdiction over the area of the Block" omitted by s. 32(1), ibid.
4[(2)(a) The budget prepared under sub-section (1) shall be written in English and in vernacular of the district or the locality concerned and copies of the budget in both the languages shall be pasted in such prominent places within the Block as may be prescribed, inviting objections and suggestions from the electors of the Panchayat Samiti.
4. Sub-section (2) subs. by s. 32(2), ibid, which was earlier as under
No expenditure shall be incurred unless the budget is approved 5[under clause (c) of sub-section (2) of section 136.]
5. Subs. by s. 33, ibid for "by the Zilla Parishad or the Mahakuma Parishad or the Council."
6[(1)] The Panchayat Samiti may prepare in each year a supplementary estimate providing for any modification of its budget and 1[may approve it in a meeting specially convened for the purpose and in the presence of at least half of the existing members] within such time and in such manner as may be prescribed.
6. Original section 138 renumbered as sub-section (1) of that section by s. 34, ibid.
1. Subs. by s. 34(1) of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994) for "may submit it to Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be, for approval".
2[(2) A copy of the supplementary estimate as approved under sub-section (1) shall be forwarded to the Zilla Parishad or the Mahakuma Parishad or the Council, as the case may be, having juris
A Panchayat Samiti shall keep such accounts and in such form as may be prescribed.
(1) For every district 3[except the district of Darjeeling,] the State Government shall constitute a Zilla Parishad bearing the name of the district.
3. Ins. by s. 18 of the West Bengal Panchayat (Amendment) Act, 1988 (West Ben. Act XX of 1988).
(2) The Zilla Parishad shall consist of the following members, namely :-
(i) Sabhapatis of the Panchayat Samiti within the district, ex-officio;
(ii) 4[such number of persons, not exceeding three, as may be prescribed on the basis of the number of voters in the area from each Block within the district, the Block being divided 5[by the prescribed authority] for the purpose into constituencies in the prescribed manner, elected by secret ballot at such time and in such manner as may be prescribed from amongst t
(1) The members of a Zilla Parishad other than ex-officio members, shall, subject to the provisions of sections 145 and 213A, hold office for a period of five years from the date of its first meeting and no longer.
2. Section 141 subs. by s. 36 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII 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.
(2) The period of five years referred to in sub-section (1) shall be held to include any period which may elapse between
[141 A. * * * *]
3. Section 141A omitted by s. 37 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994), which was ins. by s. 23 of the West Bengal Panchayat (Amendment) Act, 1992 (West Ben. Act XVII of 1992) as under:
"141A. General election to Zilla Parlshad.-(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.
(2) Notwithstanding anything contained in sub-section (1). if the State Government is of opinion that circumstances exist under which it is not possible to hold election in the area or in any part of the area of a Zilla Parishad or Mahakuma Parishad, it may
A person shall not be qualified to be a member of a Zilla Parishad, if -
(a) he is a member 1[* * *] of any municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1; or
1. The words "of a Gram Panchayat or a Nyaya Panchayat or a Panchayat Samiti other than the Sabhapati, or" omitted by s. 37(a) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
2[(b)he is in the service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti or a Zilla Parishad; and for the purposes of this clause, it is hereby declared that a person in the service of any undertaking of the Central or the State Government or any statutory body or Corporation or any public or Government company or any local authority or any co-oper
(1) Every Zilla Parishad shall, at its first meeting at which a quorum is present, elect, in the prescribed manner, one of its members to be the Sabhadhipati and another member to be the Sahakari Sabhadhipati of the Zilla Parishad:
Provided that the members referred to in 1[clauses (i), (iii) and (iv)] of sub-section (2) of section 140 2[shall neither participate in, nor be eligible for, such election.]
1. Subs. by s. 38(a) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984) for "clauses (iii) and (iv)", which were earlier subs. by s. 6 of the West Bengal Panchayat (Third) Amending Act, 1978 (West Ben. Act LVIII of 1978) with retrospective effect for "sub-clauses (iii) and (iv) of clause (a)".
2. Subs. by s. 39(i)(a) of the West Bengal Panchayat (Amendment) Act, 1
(1) The Sabhadhipati or the Sahakari Sabhadhipati or any other member of a Zilla Parishad may resign his office by notifying in writing his intention to do so, preferably mentioning the reasons for his resignation and also his present postal address for further communication, to the prescribed authority.
1. Section 144 subs. by s. 24 of the West Bengal Panchayat (Amendment) Act, 2010 (West Ben. Act VIII of 2010) (w.e.f. 1.7.2010), which was earlier subs. by s. 22 of the West Bengal Panchayat (Third Amendment) Act, 2006 (West Ben. Act XXXVII of 2006) (w.e.f. 4.6.2007) as under:
"144. Resignation of Sabhadhlpati or Sahakari Sabhadhipati or member.-(1)(a) The Sabhadhipati may resign his office by notifying in writing his intention to do so to the Sahakari Sabhadhipati.
(b) A Sahakari Sabhadhipati
(1) The prescribed authority may, after giving an opportunity to a member of a Zilla Parishad other than an ex-officio member to show cause against the action proposed to be taken against him, by order remove him from office -
1[(a) if after his election he is convicted by a criminal court of an offence punishable with imprisonment for a period of more than six months involving moral turpitude or involving any other cognizable offence; or]
1. Clause (a) subs. by s. 23(1) of the West Bengal Panchayat (Third Amendment) Act, 2006 (West Ben. Act XXXVII of 2006) (w.e.f. 4.6.2007), which was earlier as under:
"(a) if after his election he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than six months; or".
(1) Subject to other provisions of this section, the Sabhadhipati or the Sahakari Sabhadhipati of the Zilla Parishad may, at any time, be removed from his office by the majority of the existing members of the Zilla Parishad, referred to in clause (ii) of sub-section (2) of section 140, expressing their lack of confidence against the Sabhadhipati or the Sahakari Sabhadhipati or recording their decision to remove the Sabhadhipati or the Sahakari Sabhadhipati, at a meeting specially convened for the purpose.
4. Section 146 subs. by s. 25 of the West Bengal Panchayat (Amendment) Act, 2010 (West Ben. Act VIII of 2010) (w.e.f. 1.7.2010), earlier original section was renumbered as sub-section (1) of that section and sub-section (2) was inserted by s. 7 of the West Bengal Panchayat (Amendment) Act, 2008 (West Ben. Act XIX of 2008) (w.e.f. 27.10.2008) and finally was as under:
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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.
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.
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.
(1) Every Zilla Parishad shall hold a meeting 1[in its office at least once in every three months on such date and at such hour as the Zilla Parishad may fix at the immediately preceding meeting] :
1. Subs. by s. 40(1)(i) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984) for "at least once in every three months at such time and at such place within the local limits of the district concerned as the Zilla Parishad may fix at the immediately preceding meeting :".
Provided that the first meeting of a newly-constituted Zilla Parishad shall be held at such time and at such place within the local limits of the district concerned, as the prescribed authority may fix:
Provided further that the Sabhadhipati when required in writing by one-fifth of the members of the Zilla
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.
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.
(1) 1[A Zilla Parishad shall function as a unit of self-government and, in order to achieve economic development and secure social justice for all, shall prepare -
1. Subs. by s. 41(1) of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994) for "Subject to any general or special directions of the State Government, a Zilla Parishad shall have the power to-".
(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,
2[(iii) implement schemes as may be drawn up in the annual plan by the Zilla Parishad, or as may be entrusted upon or transferred to or devolved upon it,] in furtherance of its objective of development of the comm
In a district to which the Bengal Vaccination Act, 1880 (Ben. Act V of 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.
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:
3[Provided that the State Government may, after considering the views of the Zilla Parishad, withdraw such control and management to itself subject to such conditions as it may specify.]
3. Proviso to section 155 added by s. 42, ibid.
The State Government may, notwithstanding anything contained in the Bengal Municipal Act, 1932 (West Ben. Act XV of 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.
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.
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.
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.
(1) A Zilla Parishad may be vested by the State Government with such powers under any local or special Act as the State Government may think fit.
(2) A Zilla Parishad shall perform such functions as may be transferred to it by notification under section 31 of the Cattle Trespass Act, 1871 (1 of 1871).
(3) A Zilla Parishad shall exercise such other powers, perform such other functions or discharge such other duties as the State Government may by general or special order, direct.
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.
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 meta 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.
1[(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 2[***].
1. Original section 163 renumbered as sub-section (1) of that section by s. 43(1) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
2. The words "on matters of policy or planning for development" omitted by s. 43(1), ibid.
3[(2) A Zilla Parishad may -
3. Sub-section (2) ins. by s. 43(2), ibid.
(a) inspect, or cause to be inspected, any immovable property used or occupied by a Panchayat Samiti under it or any work in progress under the direc
(1) Every Zilla Parishad shall have a Zilla Sansad consisting of the following members :-
(a) Pradhans of all Gram Panchayats,
(b) Sabhapatis, Sahakari Sabhapatis and Karmadhyakshas of all Panchayat Samitis comprising the Zilla Parishad,
(c) and all members of that Zilla Parishad.
1. Section 163A ins. by s. 12 of the West Bengal Panchayat (Amendment) Act, 2003 (West Ben. Act VIII of 2003) (w.e.f. 15.7.2003).
(2) A Zilla Parishad shall hold an annual and a half-yearly meeting of such Sansad at such time and place in such manner, as may be prescribed.
(3) One-tenth of the total number of members shall form a quorum for a meeting of a Zilla Sansad :
Notwithstanding anything contained In the Registration Act, 1908 (16 of 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.
(1) The Sabhadhipati shall -
(a) be responsible for the maintenance of the records of the Zilla Parishad;
(b) have general responsibility for the financial and executive administration of the Zilla Parishad;
(c) exercise administrative supervision and control over all officers and other employees of the Zilla Parishad and the officers and employees whose services may be placed at the disposal of the Zilla Parishad by the State Government;
(d) for the transaction of business connected with this Act or for the purpose of making any order authorised thereby, exercise such powers, perform such functions and discharge such duties as may be exercised, performed or discharged by the Zilla Parishad under this Act or the rules made thereunder:
2[(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.
2. Sub-section (1) subs. by s. 28 of the West Bengal Panchayat (Amendment) Act, 2010 (West Ben. Act VIII of 2010) (w.e.f. 1.7.2010), which was earlier as under:
"(1) There shall be an Executive Officer for a Zilla Parishad appointed by the State Government on such terms and conditions as may be prescribed:
Provided that any person so appointed shall be recalled by the State Government if a resolution to that effect is passed by the Zilla Parishad to a meeting specially convened for the purpose, by a majority of the total number of members holding office for the time being."
(b) If a 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 6[and on such terms and conditions] as it may think fit:
6. Ins. by s. 46, ibid.
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 :
(1) Subject to such rules as may be made by the State Government the Executive Officer of Zilla Parishad shall exercise general control over all employees of the Zilla Parishad and may award punishment to an employee appointed under sub-section (3) of section 166, in such manner as may be prescribed.
1. Section 168 subs. by s. 17 of the West Bengal Panchayat (Second Amendment) Act, 2006 (West Ben. Act II of 2006) (w.r.e.f. 4.1.2006), which was earlier amended by s. 47 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984) and finally was as under:
"68. Control and punishment of the staff of the Zilla Parishad.-(1) The Executive Officer shall exercise general control over all officers and other employees of the Zilla Parishad.
(2) The Executive Officer may award any p
(1) An appeal shall lie to the Zilla Parishad against an order of punishment awarded by the Executive Officer of Zilla Parishad under sub-section (1) of section 168 within one month from the date of that order.
2. Section 169 subs. by s. 18 of the West Bengal Panchayat (Second Amendment) Act, 2006 (West Ben. Act II of 2006) (w.r.e.f. 4.1.2006), which was earlier as under:
"69. Appeal.-(1) An appear shall lie to the Zilla Parishad against an order of punishment awarded by the Executive Officer under sub-section (2) of section 168 within one month from the date of that order.
(2) An appeal shall lie to the State Government against an order of punishment awarded by the Zilla Parishad under sub-section (3) or (4) of section 168 within one month from the date of that order."
(2) An appeal shall
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.
(1) A Zilla Parishad shall have the following Sthayee Samitis, namely :-
(i) 1[Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti;
(ii) 2[Janasasthya O Paribesh] Sthayee Samiti;
(iii) Purta Karya 3[O Paribahan] Sthayee Samiti;
(iv) Krishi Sech O Samabaya Sthayee Samiti;
(v) 4[ Shiksha, Sanskriti, Tathya a Krira] Sthayee Samiti;
(vi) 5[Sishu O Nari Unnayan, Janakalyan O Tran] Sthayee Samiti;
6[(via) Bon O Bhumi Sanskar Sthayee Samiti;
(vib) Matsya O Prani Sampacj Bikash Sthayee Samiti;
(vie) Khadya O Sarbaraha Sthayee Samiti;<
(1) The members of a Sthayee Samiti shall elect, in such manner as may be prescribed, a Chairman, to be called Karmadhyaksha, from among themselves:
Provided that the members referred to in 1[clauses (i), (iii) and (iv)] of sub-section (2) of section 140 shall not be eligible for such election:
1. Subs. by s. 49 (a) (i) of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben Act XXXVII of 1984) for "clauses (iii) and (iv)", which were earlier subs. by s. 7 of the West Bengal Panchayat (Third) Amending Act, 1978 (West Ben. Act LVIII of 1978) for "sub-clauses (iii) and (iv) of clause (a)" with retrospective effect.
Provided further that the Sabhadhipati shall be the ex-officio Karmadhyaksha of the 2[Artha, Sanstha, Unnayan O Parikalpana] Sthayee Samiti:
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The Karmadhyaksha or any other member of a Sthayee Samiti may resign his office by giving notice in writing to the Sabhadhipati and on such resignation being accepted by the Zilla Parishad the Karmadhyaksha or such member shall be deemed to have vacated his office.
When a vacancy occurs in the office of a Karmadhyaksha or a member of a Sthayee Sarniti by resignation, death or otherwise the members of the Sthayee Samiti shall elect another Karmadhyaksha or 6[the members of the Zilla Parishad shall elect another] member, as the case may be, in the prescribed manner. The Karmadhyaksha or the member so elected shall hold office for the unexpired portion of the term of office of the person in whose place he becomes a member.
6. Ins. by s. 50 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
[174A.* * *]
2. Section 174A omitted by s. 15 of the West Bengal Panchayat (Amendment) Act, 2003 (West Ben. Act VIII of 2003) (w.e.f. 15.7.2003), which was as under:
"174A. Samanway Samiti.-(1) There shall be Samanway Samiti for every Zilla Parishad consisting of the Sabhadhipati, the Sahakari Sabhadhipati, Karmadhyaks has of all Sthayee Samitis, the Executive Officers and the Additional Executive Officer of the Zilla Parishad.
(2) The Secretary of the Zilla Parishad shall be the Secretary to the Samanway Samiti.
(3) The meeting of the Samanway Samiti shall be held at least once in a month in the office of the Zilla Parishad in such manner as may be prescribed.
(4) The Samanway Samiti shall be responsible
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 3[the prescribed authority].
3. Subs. by s. 26 of the West Bengal Panchayat (Third Amendment) Act, 2006 (West Ben. Act XXXVII of 2006) (w.e.f. 4.6.2007) for "the State Government".
All roads, buildings or other works constructed by a Zilla Parishad with its own funds shall vest in it.
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.
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 (1 of 1894) and such land shall, on acquisition, vest in the Zilla Parishad.
(1) For every Zilla Parishad there shall be constituted a Zilla Parishad Fund bearing the name of the Zilla Parishad and there shall be placed to the credit thereof-
(a) contributions and grants, if any, made by the Central or the State Government including such part of land revenue collected in the State as may be determined by the State Government;
(b) contributions and grants, if any, made by a Panchayat Samiti or any other local authority;
(c) loans, if any, granted by the Central or State Government or raised by the Zilla Parishad on security of its assets;
(d) the proceeds of road cess and public works cess levied in the district;
(e) all receipts on account of tolls, rates and fees levied by the Zi
Notwithstanding anything to the contrary in the Cess Act, 1880 (Ben. Act IX of 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.
(1) Subject to such maximum rates as the State Government may prescribe, a Zilla Parishad may -
(a) levy tolls on persons, vehicles or animals or any class of them at any tollbar established by it on any road other than a kutcha road or any bridge vested in it or under its management;
(b) levy tolls in respect of any ferry established by it or under its management;
(c) levy the following fees and rates, namely :-
(i) fees on the registration of boats or vehicles;
(ii) a fee for providing sanitary arrangements at such places of worship or pilgrimage, fairs and melas within its jurisdiction as may be specified by the State Government by notification;
(iii) a fee
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.
Notwithstanding anything contained in section 182, a Zilla Parishad may borrow money from the State Government or, 3[* * *] 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.]
2. Section 182A ins. s. 5 of the West Bengal Panchayat (Fourth) Amending Act, 1978 (West Ben. Act XLII of 1978) with retrospective effect.
3. The words "with the previous sanction of the State Government," omitted by s. 42 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).
(1) Every Zilla Parishad shall, at such time and in such manner as may be prescribed, prepare in each year a budget of its estimated receipts and disbursements for the following year 4[****].
4. The words "and submit it to the State Government" omitted by s. 43(1), ibid.
5[(2)(a) The budget prepared under sub-section (1) shall be written in English and in vernacular of the district and copies of the budget in both the languages shall be posted in such prominent places within the district as may be prescribed, inviting objections and suggestions from the elections of the Zilla Parishad.
5. Sub-section (2) subs. by s. 43(2), ibid, which was earlier as under:
"(2) The State Government may, within such time as may be prescribed, either approve the budge
2[(1)] The Zilla Parishad may prepare in each year a supplementary estimate providing for any modification of its budget and 3[may approve it in a meeting specially convened for the purpose and in the presence of at least half of the existing members] within such time and in such manner as may be prescribed.
2. Original section 184 renumberd as sub-section (1) of that section by s. 44(1), ibid.
3. Subs. by s. 44(1), ibid for "may submit it to the State Government for approval".
4[(2) A copy of the supplementary estimate as approved under sub-section (1) shall be forwarded to the State Government.]
4. Sub-section (2) added by s. 44(2), ibid.
A Zilla Parishad shall keep such accounts and in such manner as may be prescribed.
(1) With effect from the date of coming into office of the Council, the Zilla Parishad for the district of Darjeeling constituted under this Act shall stand dissolved and the members of the Zilla Pilrishad shall be deemed to have vacated their offices forthwith.
(2) Upon such dissolution of the Zilla Parishad, the Council shall exercise all the powers, discharge all the duties and perform all the functions of the Zilla Parishad under this Act.
(3) Notwithstanding anything contained in sub-section (1) of this section or elsewhere in this Act, -
(a) anything done or any action taken by the Zilla Parishad under this Act prior to the coming into office of the Council, and
(b) all rules, orders, bye-laws and notifications made or issued from time to time
(1) For the sub-division of Siliguri in the district of Darjeeling the State Government shall constitute a Mahakuma Parishad bearing the name of the sub-division.
(2) The Mahakuma Parishad shall comprise the areas of the Blocks within the sub-division excluding such mouzas of the sub-division as are comprised in the hill areas.
(3) The Mahakuma Parishad shall consist of the following members, namely :-
(i) Sabhapatis of the Panchayat Samitis within the sub-division, ex-officio;
(ii) 1[such number of persons. not exceeding three. as may be prescribed on the basis of the number of voters in each Block within the sub-division, the Block being divided 2[by the prescribed authority] for the purpose into constituencies in the prescribed manner,] elected b
(1) The accounts of the funds of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad shall be examined and audited by an auditor appointed in that behalf by the State Government at such time and place, to such extent and in such manner as the State Government may prescribe.
(2) An auditor appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
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.
1[(1)] For the purposes of an audit under this Act an auditor may-
1. Original section 188 renumbered as sub-section (1) of that section by s. 30 of the West Bengal Panchayat (Amendment) Act, 1992 (West Ben. Act XVII of 1992).
(i) require in writing the production before him of any document or the supply of any information which he considers to be necessary for the proper conduct of the audit;
(ii) require in writing the personal appearance before him of any person accountable for, or having the custody or control of, any such documents, 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
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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.
(1) Within two months from the date on which an audit under this Act is completed, the auditor shall prepare a report and shall send the report to the Pradhan, the Sabhapati or the Sabhadhipati, as the case may be, of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad and a copy thereof to the State Government.
(2) The auditor shall append to his report a statement showing -
(a) the grants-in-aid received by the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad and the expenditure incurred therefrom;
(b) any material impropriety or irregularity which he may observe in the expenditure or in the recovery of the monies due to the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad or in the accounts of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad Fund
(1) Within two months from the receipt of the report referred to in section 190, the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned shall, at a meeting, remedy any defect or irregularity pointed out in the report and shall also inform the auditor of the action taken by it. The Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned shall also inform the auditor of the action taken by it. The Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned shall give reasons or explanations in case any defect or irregularity is not removed.
(2) If, within the period referred to in sub-section (1), no information is received by the auditor from the Gram Panchayat, the Panchayat Samiti, or the Zilla Parishad concerned or if the reasons or explanations given by it for not remedying any defect or irregularity as aforesaid is not considered sufficie
The audit reports of the Gram Panchayats, the Panchayat Samitis and the Zilla Parishads along with the action taken reports for every year shall, as soon as may be after it is received by the State Government, be laid before the State Legislature.]
1. Section 191A ins. by s. 27 of the West Bengal Panchayat (Third Amendment) Act, 2006 (West Ben. Act XXXVII of 2006) (w.e.f. 4.6.2007).
(1) The auditor, after giving the person concerned an opportunity to submit an explanation within a time to be specified by him and after considering any such explanation, shall disallow every item of account contrary to law and surcharge the same on the person making or authorising the making of the illegal payment, and shall charge against any person responsible for the amount of any loss incurred by the negligence or misconduct of that person, and shall, in every such case, certify the amount due from such person:
Provided that the auditor may in his discretion waive the surcharge or charge in cases where the amount involved does not exceed twenty-five rupees.
(2) For the purposes of this section any member of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad, as the case may be, ,or of a Sthayee Samiti of a Panchayat Samiti or
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, the Panchayat Samitior Zilla Parishad for such term as may be specified in the order:
1. Section 192A ins. by s. 32 of the West Bengal Panchayat (Amendment) Act, 1992 (West Ben. Act XVII of 1992).
Provided that the State Government shall, before making any order under this sub-section, give to the person concerned an opportu
(1) Any person from whom any sum has been certified by the auditor to be due under section 192 may, within two months of the receipt by him of the certificate, appeal to the State Government to set aside or modify the disallowance, surcharge or charge in respect of which the certificate was made and the State Government may pass thereon such orders as it thinks fit, and such orders shall be final.
(2) Where a person referred to in sub-section (2) of section 192, who has been surcharged as authorising an illegal expenditure, appeals to the State Government under this section, the State Government shall set aside such surcharge if it is proved to its satisfaction that such person voted for the resolution or motion in good faith.
(1) The sums certified by the auditor to be due from any person under section 192 or where an appeal is made under subsection (1) of section 193, such sum as may be ordered by the State Government to be due from such person shall, within two months of the date of certification or order, as the case may be, be paid by such person to the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned which shall credit the sum to the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned.
(2) Any sum not paid in accordance with the provisions of sub-section (1) shall be recoverable as a public demand and the Collector of the district shall for the purposes of section 4 of the Bengal Public Demands Recovery Act, 1913 (Ben. Act III of 1913), be deemed to be the person to whom such demand is payable.
(3) The Collector of the district shall pay to the Gr
(1) All expenses incurred by the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned in complying with any requisition of the auditor under section 188 and in prosecuting an offender under section 189 shall be paid from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned.
(2) All expenses incurred by the Collector of the district in connection with the proceedings for recovery of any sum under sub-section (2) of section 194 from a person, if not recovered from the person, shall be paid from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned.
(3) If the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned fails to pay expenses referred to in sub-sections (1) and (2) within such period as may be determined by the State Government in this beh
The members of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned shall not, without the previous sanction of the State Government, incur any expenditure from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned in connection with any appeal or proceedings against surcharge, in respect of which a certificate is issued by the auditor.
(1) 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 periodcally by an officer appointed in this behalf by the State Government in such manner as the State Government may direct.
1. Sections 196A and 196B ins. by s. 53 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
2. Section 196A subs. by s. 9 of the West Bengal Panchayat (Amendment) Act, 2004 (West Ben. Act XVIII of 2004) (w.e.f. 4.2.2005), 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, the Panchayat Samiti or the Zilla Parishad shall be organised, examined and audite
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.]
(1) Without any prejudice to other provisions of the Chapter relating to audit, a mechanism for performance audit of the. fund utilized by a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad shall be devised in the manner as may be prescribed or as may be directed, by general or special order, by the State Government.
1. Sections 196C and 196D ins. by s. 30 of the West Bengal Panchayat (Amendment) Act, 2010 (West Ben. Act VIII of 2010) (w.e.f. 1.7.2010).
(2) The performance audit referred to in sub-section (1) shall relate to utilization of fund following the norms and procedure as may be applicable under the relevant rules, orders and guidelines, quality of the work performed, usefulness of the asset created and the benefits generated out of the work performed with an equitable distribution of such benefits.
(1) Without any prejudice to other provisions of the Chapter relating to audit, a mechanism for social audit of the fund utilized by a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad shall be devised in the manner as may be prescribed or as may be directed, by general or special order, by the State Government.
(2) The social audit team constituted at various level under sub-section (1) shall monitor the execution of works, the quality and utility of the works executed or the services provided and the benefits generated out of the work performed ensuring an equitable distribution of such benefits.]
Every member of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad other than a member referred to in 1[clauses (i) and (iii) of sub-section (2) of section 94 and clauses (i), (iii) and (iv) of sub-section (2) of section 140] 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.
1. Subs. by s. 8 of the West Bengal Panchayat (Third) Amending Act, 1978 (West Ben. Act LVIII of 1978) with retrospective effect for "sub-clause (iii) of clause (a) of sub-section (2) of section 94 and sub-clauses (iii) and (iv) of clause (a) of sub-section (2) of section 140".
Notwithstanding anything to the contrary contained in this Act, -
2. Section 197A ins. by s. 2 of the West Bengal Panchayat (Second) Amending Act, 1978 (West Ben. Act XXX of 1978).
(a) if at a general election of members in Gram Panchayat, Panchayat Samiti or Zilla Parishad, poll in any constituency is countermanded or cannot be held, or, if held, the result of such election cannot be declared for any reason within such period as it considers reasonable, the State Government may, if it finds that at least two-thirds of total number of members for that Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, 3[ * * * ] have been elected and are competent to assume office, notify the constitution of such Gram Panchayat. Panchayat Samiti or Zilla Parishad, in the manner provided in this Act and the Gram Panchayat. Panchayat S
(1) Notwithstanding the provisions contained in sections 7, 96 and 141, if at any time the whole of the area of a constituency of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad is included in a municipality, 1[***] or a Town Committee or a Cantonment, the member elected from such constituency to the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, shall, as from the date of such inclusion, cease to be a member of the Gram Panchayat, Panchayat Samiti or Zilla Parishad concerned.
5. Section 1978 ins. by s. 54 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
1. The words "or a notified area, or a municipal corporation," omitted by s. 32(a) of the West Bengal Panchiiyat (Amendment) Act, 1997 (West Ben. Act XV of 1997) (w.e.f. 8.8.1997).
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.
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 (45 of 1860).
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.
(1) If any dispute arises between two or more Gram Panchayats within the jurisdiction of the same Panchayat Samiti, it shall be referred to the Panchayat Samiti by any party to the dispute and the decision of the Panchayat Samiti thereon shall be final.
(2) If any dispute arises between two or more Panchayat Samitis or between two or more Gram Panchayats within the jurisdiction of different Panchayat Samitis or between a Panchayat Samiti and a Gram Panchayat, within the jurisdiction of the same Zilla Parishad, it shall be referred to the Zilla Parishad by any party to the dispute and the decision of the Zilla Parishad thereon shall be final.
(3) If any dispute arises -
(a) between a Gram Panchayat or a Panchayat Samiti within a district on the one side and the Zilla Parishad of the same distri
[202.* * *]
1. Section 202 omitted by s. 17 of the West Bengal Panchayat (Amendment) Act, 2003 (West Ben. Act VIII of 2003) (w.e.f. 15.7.2003), which was earlier as under:
"202. Bar of simultaneous candidature for election.-No person while standing as a candidate for election as a member -
(a) of a Gram Panchayat, shall be entitled to stand as a candidate of election as a member of a Panchayat Samiti or the Zilla Parishad,
(b) of a Panchayat Samiti, shall be entitled to stand as a candidate for election as a member of a Gram Panchayat or the Zilla Parishad, and
(c) of the Zilla Parishad, shall be entitled to stand as a candidate for election as a member of a Gram Panchayat or a Panchayat Samiti :
Provi
A member-
2. Section 202A ins. by s. 55 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
(a) of a Gram Panchayat on being' elected a member of a Panchayat Samiti or a Zilla Parishad,
(b) of a Panchayat Samiti on being elected a member of a Gram Panchayat or a Zilla Parishad,
(c) of a Zilla Parishad on being elected a member of a Gram Panchayat or a Panchayat Samiti,
(d) of a Nyaya Panchayat on being elected a member of a Gram Panchayat or a Panchayat Samiti or a Zilla Parishad,
shall cease to be the member of the Gram Panchayat or the Nyaya Panchayat or the Panchayat Samiti or the Zilla Parishad, as the case may be, with effect from the date on which he is declared ele
[203. * * * ]
1. Section 203 omitted by s. 18 of the West Bengal Panchayat (Amendment) Act, 2003 (West Ben. Act VIII of 2003) (w.e.f. 15.7.2003), which was earlier as under:
"203. Elections.-(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats under 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 District Panchayat Election Officer appointed by the State Election Commissioner in consultation with the State Government, who shall, subject
[204. * * * ]
1. Section 204 omitted by s. 19 of the West Bengal Panchayat (Amendment) Act, 2003 (West Ben. Act VIII of 2003) (w.e.f. 15.7.2003), which was earlier 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 a Gram Panchayat or a Panchayat Samiti, and
(b) before the District Judge of the district, where such election is in respect of a Zilla Parishad.
(2) When filing a p
(1) The State Government shall appoint a 2[Commissioner of Panchayat and Rural Development] and such other officers as it may consider necessary for the purpose of inspecting or superintending the work of all, or any class of, Gram Panchayats, Panchayat Samitis or Zilla Parishads.
2. Subs. by s. 19 of the West Bengal Panchayat (Second Amendment) Act, 2006 (West Ben. Act II of 2006) (w.r.e.f. 4.1.2006) for "Director of Panchayats".
(2) An officer appointed to inspect or superintend the work of a Gram Panchayat, Panchayat Samiti or Zilla Parishad may at any time-
(a) inspect or cause to be inspected any immovable property used or occupied by the Gram Panchayat, Panchayat Samiti or Zilla Parishad or any work in progress under the direction of the Gram Panchayat, Panchayat Samiti or Zilla Parishad
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.
3[(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.]
2. Section 206A ins. by s. 33 of the West Bengal Panchayat (Amendment) Act, 1992 (West Ben. Act XVII of 1992).
3. Sub-section (1) subs. by s. 49(1) of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994), which was earlier as under:
"(1) The State Government may, from time to time, by notification con
(1) The State Government may transfer any institution under its management or control to a Zilla Parishad or a Panchayat Samiti or a Gram Panchayat subject to such conditions, limitations and restrictions as may by agreed upon, (2) When any institution is transferred under sub-section (1), persons employed 'by the State Government shall with effect from the date of such transfer be deemed to be employed by the Zilla Parishad or Panchayat Samiti or Gram Panchayat to which such institution is transferred, on terms and conditions, not being less advantageous than they were entitled to immediately before such transfer.
(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, -
1. Section 207A ins. by s. 34 of the West Bengal Panchayat (Amendment) Act, 1992 (West Ben, Act XVII of 1992),
(a) upon the issue of any direction to any Gram Panchayat, Panchayat Samiti or Zilla Parishad to exercise any power or perform any function or discharge any duty, or
(b) upon the transfer to any Gram Panchayat, Panchayat Samiti or Zilla Parishad of any function, or control and management of any property,
under any provisions of this Act, 2[the concerned department of the State Government shall, on prior consultation with the Panchayat and Rural Development of this Government and subject to such conditions as it may deem fit
(1) Without prejudice to the generality of the provisions contained in section 207 or elsewhere in this Act, the State Government may, by order published in the Official Gazette, transfer, under such terms and conditions as may be specified in the order, to a Panchayat such powers, functions and duties as are exercised, performed and discharged by the State Government under any law made by the State Legislature or otherwise under the executive power of the State in relation to any or all of the following matters ;-
1. Section 207B ins. by s. 50 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).
(i) agriculture including agricultural extension, agricultural marketing and food processing;
(ii) irrigation, minor irrigation and water management;
Notwithstanding anything contained in the Limitation Act, 1963 (36 of 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 disposed or of which it has ceased to have possession shall be sixty years from the date of dispossession or discontinuance.
(1) The State Government may, by order in writing, rescind any resolution passed by a Gram Panchayat, Panchayat Samiti or Zilla Parishad, if in its opinion such resolution -
(a) has not been legally passed, or
(b) is in excess or abuse of the powers conferred by or under this Act or any rules made thereunder.
(2) The State Government shall, before taking any action under sub-section (1), give the Gram Panchayat, Panchayat Samiti or Zilla Parishad concerned an opportunity of making any representation against the proposed order.
(3) The prescribed authority may, by order, in writing suspend the execution of any resolution or order of a Gram Panchayat, Panchayat Samiti or Zilla Parishad or prohibit the doing of any act which is about to be done or is b
[210. * * * ]
2. Section 210 omitted by s. 35 of the West Bengal Panchayat (Amendment) Act, 1992 (West Ben. Act XVII of 1992), which was earlier 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, 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 member of
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.
In the discharge of their functions the Gram Panchayat, Panchayat Samiti or Zilla Parishad shall be guided by such instructions or directions as may be given to them by the State Government from time to time in conformity with the provisions of this Act.
(1) 1[The prescribed authority may], notwithstanding anything contained in 2[sub-section (3), of section 9], sub-section (3) of section 93 and sub-section (3) of section 143, by an order in writing, remove with effect from a date to be specified in the order 3[any member or office bearer of a Gram Panchayat, Panchayat Samiti or Zilla Parishadj from his office if in its opinion, he wilfully omits or refuses to carry out the provisions of this Act or of any rules or orders made thereunder or abuses the powers vested in him under this Act.
1. Subs. by s. 31(1)(a) of the West Bengal Panchayat (Amendment) Act, 2010 (West Ben. Act VIII of 2010) (w.e.f. 1.7.2010) for "The State Government may".
2. Subs. by s. 59 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. XXXVII of 1984) for "sub-section (3) of section 12".
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(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, the prescribed authority for such Panchayat as may be specified by notification in this behalf, may, subject to the other provisions of this section, declare, for reasons to be recorded in writing, a member of such Panchayat to be disqualified for being a member thereof, if -
5. Section 213A ins. by s. 51 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).
(a) he is an elected member set up by a recognised political party and has -
(i) voluntarily given up his membership of such recognised political party, or
6[(ii) exercised the voting right or abstained from voting contrary to any direction issued by the
(1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, the prescribed authority for such Panchayat as may be specified by notification, may, after giving an office-bearer or member of such Panchayat an opportunity to show-cause against such action as may be proposed to be taken against him, place such office-bearer or member under suspension, if he-
1. Section 213B ins. s. 51 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).
(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
&nb
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 Ben. 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.]
1. Section 213C ins. by s. 33 of the West Bengal Panchayat (Amendment) Act, 2010 (West Ben. Act VIII of 2010) (w.e.f. 1.7.2010).
(1) If, in the opinion of the State Government, any Gram Panchayat, Panchayat Samiti or Zilla Parishad-
(i) has shown its incompetence to perform or has persistently made default in the performance of the duties imposed on it by or under this Act or any other law, or
(ii) has exceeded or abused its powers,
the State Government may, by order, to be published in the Official Gazette stating the reasons therefor supersede' the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, and direct that it be reconstituted 2[within such period not exceeding six months] as may be specified in the order:
2. Subs. by s. 52 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994) for "within such period not exceeding two y
(1) There shall be a District Council for Panchayats in each district consisting of the following members ;-
2. Section 214A ins. by s. 53 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).
(i) Adhyaksha or the Chairperson - the Leader of the recognised political party in opposition having largest number of members directly elected with the reserved symbol of such recognised political party in the Zilla Parishad or the Mahakuma Parishad:
Provided that if, in a term of general election, no member in opposition is elected with the reserved symbol of a recognised political party in a Zilla Parishad or Mahakuma Parishad, the Adhyaksha for that term shall be elected from amongst the members, not being Sabhadhipati, Sahakari Sabhadhipati or Karmadhyaksha, by the member
(1) When an order of super-session has been passed under section 214 then with effect from the date of the order-
(a) all the members of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad, as the case may be, and all the members of the Sthayee Samitis thereof shall vacate their offices;
(b) all the powers, duties and functions which, under the provisions of this Act or any rule or bye-law made thereunder or any law for the time being in force, may be exercised, discharged or performed by the Gram Panchayat. the Panchayat Samiti or the Zilla Parishad, as the case may be, or any Sthayee Samiti thereof shall be exercised, discharged or performed by such authority, person or persons as may be appointed by the State Government in this behalf;
(c) all properties vested in the Gram Pancha
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.
(1) After the coming into force of this Act in any area, the State Government may appoint any authority, person or persons for any Gram Panchayat or Anchal Panchayat constituted in that area under the West Bengal Panchayat Act, 1957 (West Ben. Act I of 1957), or any Anchalik Parishad or ZillaParishad established in that area under the West Bengal Zilla Parishads Act, 1963 (West Ben. Act XXXV of 1963), and the authority, person or persons so appointed shall exercise, perform and discharge all the powers, functions and duties of such Gram Panchayats Anchal Panchayat, Anchalik Parishad or Zilla Parishad, as the case may be.
(2) With the appointment of the authority. person or persons referred to in subsection (1), all the members of the Gram Panchayat, Anchal Panchayat, Anchalik Parishad or Zilla Parishad, as the case may be, in respect of which such authority, person or persons, as the case may be, has been so appointed shal
(1) With effect from the date of the coming into office of a Gram Panchayat under sub-section (4) of section 4, the provisions of the west Bengal Panchayat Act, 1957, 1[relating to Gram Sabha, Gram Panchayat, Anchal Panchayat and Nyaya Panchayat shall stand repealed within the territorial limits of the Gram and the Union Board constituted under the Bengal Village Self Government Act, 1919 (Ben. Act V of 1919), shall cease to function].
1. Subs. by s. 9(a) of the West Bengal Panchayat (Third) Amending Act, 1978 (West Ben. Act LVIII of 1978) with retrospective effect for "relating to Gram Panchayat shall stand repealed within the territorial limits of the Gram".
(2) With effect from the date of the coming into office of a Panchayat Samiti under sub-section (3) of section 94, 2[* * * ] the provisions of the West Bengal Zilla Parishads Act,
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 (West Ben. Act I of 1957), or any Anchalik Parishad or Zilla Parishad established under the West Bengal Zilla Parishads Act, 1963 (West Ben. Act XXXV of 1963), ceases to exist 3[or when the Union Board constituted under the Bengal Village Self Government Act, 1919 (Ben. Act V of 1919) ceases to function] in any area -
3. Ins. by s. 10(a), ibid with retrospective effect.
(a) the authority, person or persons, if any, appointed under section 217 in respect of such Gram Panchayat, Anchal Panchayat, Anchalik Parishad, Zilla Parishad, as the case may be, shall cease to exercise all functions;
(b) all properties, m
Prosecution in a court under this Act for breach of byelaws 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.
1[Al arrears of taxes, tolls, rates, fees and cess] leviable by a Gram Panchayat, Panchayat Samiti and Zilla Parishad under this Act shall, without prejudice to any other mode of recovery, be recoverable as public demands.
1. Subs. by s. 21 of the West Bengal Panchayat (Amendment) Act, 2003 (West Ben. Act VIII of 2003) (w.e.f. 15.7.2003) for "All arrears of taxes, tolls, rates and fees".
[222. * * *]
2. Section 222 omitted by s. 61 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
223. Bye-laws.-(1) A Gram Panchayat a Panchayat Samiti or a Zilla Parishad 3[shall make bye-laws,] 4[or amend bye-laws] not inconsistent with the provisions of this Act or the rules made thereunder, for enabling it to discharge its functions under this Act.
3. Subs. by s. 22 of the West Bengal Panchayat (Amendment) Act, 2003 (West Ben. Act VIII of 2003) (w.e.f. 15.7.2003) for "may make bye-laws", in which the words", with the previous approval of the State Government" were earlier omitted by s. 54 of the West Bengal Panchayat (Amendment) Act, 1994 (West Ben. Act XVIII of 1994).
4. Ins. by s. 62(a) of the West Bengal Panchay
"FIRST SCHEDULE
Offences to be reported by a Chowkidar and a Dafadar
[See section 39]
Murder, culpable, homicide, rape (when the offender is not the husband of the woman raped), dacoity, robbery, theft, mischief by fire, house-breaking, counterfeiting currency notes, coins or stamps, possessing instruments' or materials for the purposes of such counterfeiting, causing grievous hurt, riot, administering stupefying drugs, kidnapping, personating public servants, manufacturing, selling or possessing arms without a licence and going armed without a licence, and all attempts, preparations and conspiracies to commit; and abetments of, the said offences."
SECOND SCHEDULE
Offences triable by a Nyaya Panchayat
[See sections 51 and 52]
PART A
1. Offences under sections 26 and 27 of the Cattle Trespass Act, 1871 (1 of 1871).
2. Offences under enactments (other than the Indian Penal Code (45 of 1860) 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 (5 of 1861).
4. Offences under the Bengal Ferries Act, 1885 (Ben. Act I of 1885), except those under sections 28 and 30.
5. Offences under the following section
1[THIRD SCHEDULE
1. Third Schedule subs. by s. 6 of the West Bengal Panchayat (Fourth) Amending Act, 1978 (West. Ben. Act XLII of 1978).
Form of oath or affirmation to be made by a member of a Gram Panchayat, a Panchayat Samiti 2[a Zilla Parishad or Mahakuma Parishad]
2. Subs. by s. 20(a) of the West Bengal Panchayat (Amendment) Act, 1988 (West Ben. Act XX of 1988).
1. A.B., 3[* * *] having been elected/appointed a member of the.............
3. The words "being an ex-officio member or" omitted by s. 63 of the West Bengal Panchayat (Amendment) Act, 1984 (West Ben. Act XXXVII of 1984).
..............................................................................
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