The West Bengal Panchayat Act, 1973 - MGNREGA Jalpaiguri, Home

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Certain costa and expences payble out of funds. Certain expences not chargeable to funds without previous sanction 195. (1) All expenses incurred by the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned in complying with any requisition of the auditor under section 188 and in prosecuting an offender under section 189 shall be paid from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned. (2) All expenses incurred by the Collector of the district in connection with the proceedings for recovery of any sum under sub-section (2) of section 194 from a person, if not recovered from the person, shall be paid from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned. (3) If the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned fails to pay expenses referred to in sub-sections (1) and (2) within such period as may be determined by the State Government in this behalf, the State Government may attach the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned or any portion thereof. (4) After such attachment no person except an officer appointed in this behalf by the State Government shall in any way deal with the attached fund or portion thereof, but such officer may do all such acts in respect thereof, as the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned referred to in sub-section (1) might have done if the attachment had not taken place, and may apply the proceeds of the fund in satisfaction of the expenses due, the interest accruing in respect of such expenses and any additional expenses resulting from the attachment and any subsequent proceedings: Provided that no such attachment shall defeat or prejudice any charge or debt for which the fund attached was previously liable in accordance with law but all such prior charges and debt shall be paid out of the proceeds of the fund before any part of the proceeds of the fund is applied to the satisfaction of the costs and expenses payable to the State Government under this section. 196. The members of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned shall not without the previous sanction of the State Government incur any expenditure from the fund of the Gram Panchayat, the 164
Panchayat Samiti or the Zilla Parishad concerned in connection with any appeal or proceedings against surcharge, in respect of which a certificate is issued by the auditor. 1 196A. Notwithstanding anything contained in section 186, the accounts of the funds of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad shall be organised, examined and audited periodically by an officer appointed in this behalf by the State Government in such manner as the State Government may direct. 1 196B. Notwithstanding anything contained in sections 186 and 196A, the State Government may issue direction for special audit of the Accounts of the funds of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad by such authority as the State Government may direct. 197. Every member of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad other than a member referred to in 2 [clauses (i) and (iii) of sub-section (2) of section 94 and clauses (i), (iii) and (iv) of subsection (2) of section 140] shall before taking his seat make and subscribe before such authority as may be specified by the Slate Government in this behalf, an oath or affirmation according to the form set out for the purpose in the Third Schedule, Oath or affirmation. 1 197A. Notwithstanding anything to the contrary contained in this Act,— (a) if at a general election of members in Gram Panchayat, Panchayat Samiti or Zilla Parishad, poll in any constituency is countermanded or cannot be held, or, if held, the result of such election cannot be declared for any reason within such period as it considers reasonable, the State Government may, if it finds that at least two-thirds of total number of members for that Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, 2 ****** have been elected and are competent to assume office, notify the constitution of such Gram Panchayat, Panchayat Samiti or Zilla Parishad, in the manner provided in this Act and the Gram Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, shall 165
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The West Bengal Panchayat Act, 1973
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4 (1la) “Gram Sabha” means a bo
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4 (26A) “State Election Commissio
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1 Provided further that not less th
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to the rules, orders, directions an
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authority of a Town Committee or a
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Term of office of members of Gram P
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(A) of an offence involving moral t
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in force, the office of the Upa-Pra
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(7) The Pradhan and the Upa-Pradhan
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interfere with due exercise of his
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cease to have effect on the expiry
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Provided that the State Government
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1 Provided further that no meeting
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(4) All questions coming before a G
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participation of the people in impl
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1 Transaction of business at Gram S
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(2) 2 [Without prejudice to the gen
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(k) promotion of village plantation
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may be,] with its previous approval
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24. (1) For the improvement of sani
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Panchayat, to remove such obstructi
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has been served fails, without suff
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eferred to in sub-section (2) and d
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Provided that the Pradhan shall not
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(2) The Secretary shall be responsi
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i. he shall give immediate informat
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(xiii) he shall serve such processe
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(e) all public lamps, lamp-posts an
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(3) Every Gram Panchayat shall have
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the case of exchange, or the value
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(xvii) fees on erection, exhibition
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Gram Panchayat, Panchayat Samiti 1
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(4) The offence of theft triable by
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had jurisdiction to try the offence
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(b) in default of payment, sentence
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Suites to imporve whole claim. 63.
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Power to determine. 71. (1) Subject
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Bar to trial of case of suit in whi
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Appearance of parties. Legal practi
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Resignation by member of Nyaya Panc
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Government, the same proportion to
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95 (1) When any Gram is excluded fr
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96. (1) The members of a Panchayat
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(i) 2 he has not attained the age o
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2 Provided also that if, for any te
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(6) When the offices of the Sabhapa
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101. 1 [Subject to the other provis
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hour fixed at the immediately prece
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(ii) undertake execution of any sch
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accordance with such procedure as m
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section (1)] within the time and in
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Provided also that no development c
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Provided further that if such perso
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(3) Whoever uses without a license
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(1B) 1 There shall be a Secretary f
Page 113 and 114: (vib) 6 Matsya O Prani Sampad Bikas
Page 115 and 116: (2) An elected member of a Sthayee
Page 117 and 118: 2 CHAPTER XIA Samanway Samiti of of
Page 119 and 120: (3) Every Panchayat Samiti shall ha
Page 121 and 122: (c) The Panchayat Samiti shall, wit
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Page 127 and 128: (B) of an offence under Chapter IXA
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Page 133 and 134: (3) The order passed by such author
Page 135 and 136: 3 Provided also that for the purpos
Page 137 and 138: (ii) undertake execution of any sch
Page 139 and 140: other property which is under its c
Page 141 and 142: (4) 1 When a Zilla Parishad takes a
Page 143 and 144: 1 Explanation— For the purpose of
Page 145 and 146: with its own recommendation. The Zi
Page 147 and 148: member in a Sthayee Samiti and such
Page 149 and 150: (5) 6 Notwithstanding anything cont
Page 151 and 152: (a) contributions and grants, if an
Page 153 and 154: (ii) a fee for providing sanitary a
Page 155 and 156: (a) anything done or any action tak
Page 157 and 158: population or the Scheduled Tribes
Page 159 and 160: (c) A Sthayee Samiti shall consist
Page 161 and 162: (b) any material impropriety or irr
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Page 167 and 168: ules or bye-laws made thereunder, t
Page 169 and 170: any service, work or thing under th
Page 171 and 172: 207. (1) The State Government may t
Page 173 and 174: (2) Upon the transfer of any powers
Page 175 and 176: other provisions of this section, d
Page 177 and 178: first meeting of the Panchayat was
Page 179 and 180: declare any member or members to be
Page 181 and 182: selected, he shall exercise the pow
Page 183 and 184: (a) to examine the accounts of the
Page 185 and 186: until the reconstitution of such Gr
Page 187 and 188: allocation as may be determined by
Page 189 and 190: under this Act for such area shall
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The West Bengal Panchayat Act, 1973 - MGNREGA Jalpaiguri, Home

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