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

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furnished to him by any person or persons, a statement containing the names and addresses of such person or persons and the gist of such information as furnished by such person or each of such persons. (9) On receipt of the petitioner referred to in sub-section (7), the prescribed authority referred to in sub-section (1) shall, as soon as possible within six weeks from the date of the receipt of such petition, proceed to make an enquiry to satisfy himself, among others, as to— (a) the common decision in regard to the manner of voting to be exercised by the majority members set up by the recognised political party, and (b) whether the member or members against whom such petition is filed, exercised the voting right, in a meeting of the Panchayat contrary to such manner of voting. (10) For the purpose of enquiry under sub-section (9), the prescribed authority may summon such members of the recognised political party or other persons, and require such signed statements from, and production of such documents and records by, the members or other persons as aforesaid, as he may deem necessary. (11) As soon as possible within eight weeks from the date of receipt of the petition referred to in sub-section (7), the prescribed authority shall, in consideration of the facts and the documents and the records before it,— (a) reject the petition, or (b) admit the petition wholly or in part and declare any member or members to be disqualified under sub-section (1) for being members of the Panchayat. (12) Any member of a Panchayat declared disqualified under subsection (1) or the Leader of the recognised political party referred to in sub-section (7), if aggrieved by the decision of the prescribed authority, may, within thirty days from the date of the order, appeal to such authority as the State Government may appoint in this behalf, and, thereupon, the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority, and 1 [after giving the appellant and the opposite parties an opportunity of being heard, set aside or confirm the order or 178
declare any member or members to be disqualified in the manner referred to in sub-section (1) and, upon such declaration, the member or members shall stand removed from the Panchayat.] (13) The order passed by the authority appointed under subsection (12) on the appeal shall be final. (14) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, no court shall have any jurisdiction in respect of any matter arising out of a member being declared to be disqualified under sub-section (1) for being a member of the Panchayat. (15) The State Government may, by notification, make rules for carrying out the purposes of this section. Explanation.—For the purposes of this section, an elected member shall be deemed to be set up by a recognised political party if he has contested election with the symbol reserved for such recognised political party or if he has contested election with a free symbol and joins a recognised political party and furnishes a declaration to that effect to the prescribed authority referred to in subsection (7) before the expiry of six months from the date of election. 1 213B. (1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, the prescribed authority for such Panchayat as may be specified by notification, may, after giving an office bearer or member of such Panchayat an opportunity to show cause against such action as may be proposed to be taken against him, place such office bearer or member under suspension, if he— (i) has, prima facie, been found to be guilty of criminal breach of trust or criminal negligence or gross financial irregularity or impropriety in an inspection report on audit of accounts and his suspension is necessary to prevent any likely delay in further investigation or any tampering or destruction of records, or (ii) has, in an inspection held by a competent authority, prima fade, been found guilty of criminal breach of trust, financial irregularity, misuse or abuse of power for wrongful gain or gross negligence of duty requiring penal action by a competent 179
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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
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(vib) 6 Matsya O Prani Sampad Bikas
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(2) An elected member of a Sthayee
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2 CHAPTER XIA Samanway Samiti of of
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(3) Every Panchayat Samiti shall ha
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(c) The Panchayat Samiti shall, wit
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determined, or when seats are reser
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inconsistent with the provisions of
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Page 129 and 130: 'Provided also that not less than o
Page 131 and 132: Sabhadhipati is elected and assumes
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
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Page 159 and 160: (c) A Sthayee Samiti shall consist
Page 161 and 162: (b) any material impropriety or irr
Page 163 and 164: (2) Where a person referred to in s
Page 165 and 166: Panchayat Samiti or the Zilla Paris
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: first meeting of the Panchayat was
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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