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

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organisation or association of persons out of funds provided or grants made or aids given by the Central or the State Government, shall not be deemed to be in the service of the Central or the State Government; or (c) he has, directly or indirectly by himself or by his partner or employer or an employee, any share or interest in any contract with, by or on behalf of, the Panchayat Samiti, or a Gram Panchayat within the Block concerned 3 [, or the Zilla Parishad of the district, or the Mahakuma Parishad or the Council:] Provided that no person shall be deemed to be disqualified for being elected a member of a Panchayat Samiti by reasons only of his having a share or interest in any public company as defined in the Companies Act, 1956, which contracts with or is employed by the Panchayat Samiti or any such Gram Panchayat 4 [or such Zilla Parishad or the Mahakuma Parishad or the Council;] or (d) he has been dismissed from the service of the Central or a State Government or a local authority or a co-operative society, or a Government company or a Corporation owned or controlled by the Central or the State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal; or (e) he has been adjudged by a competent court to be of unsound mind; or (f) he is an undischarged insolvent; or (g) he being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or (h) 1 (i) he has been convicted by a court— (A) of an offence involving moral turpitude punishable with imprisonment for a period of more than six months, or (B) of an offence under Chapter IXA of the Indian Penal Code, or (C) under section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952, and five years have not elapsed from the date of the expiration of the sentence; or (ii) he is disqualified for the purpose of elections to the State Legislature under the provisions of Chapter III of Part II of the Representation of the People Act, 1951; or 88
(i) 2 he has not attained the age of twenty-one years on the date fixed for the scrutiny of nominations for any elections; or (j) 2 he has been convicted under section 189 at any lime during the last ten years; or (k) 2 he has been surcharged or charged under section 192 at any time during the last ten years; or (l) 2 he has been removed under section 213 at any time during the last five years. 98. (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: Sabhapati and Sahakari Sabhapati Provided that members referred to in 1 [clauses (i) and (iii) of subsection (2) of section 94 2 [shall neither participate in, nor 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 eligible for such election unless he declares in writing that on being elected, he shall be a whole time functionary of his office and that during the period for which he holds or is due to hold such office, he shall not hold any office of profit unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his powers, due performance of his functions or due discharge of his duties: 4 Provided also that subject to such rules as may be made by the State Government in this behalf, the offices of the Sabhapati and the Sahakari Sabhapati shall be reserved for the Scheduled Castes and the Scheduled Tribes in such manner that the number of offices so reserved at the time of any general election shall bear, as nearly as may be, the same proportion to the total number of such offices within a district as the population of the Scheduled Castes or the Scheduled Tribes, as the 89
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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
Page 37 and 38: (k) promotion of village plantation
Page 39 and 40: may be,] with its previous approval
Page 41 and 42: 24. (1) For the improvement of sani
Page 43 and 44: Panchayat, to remove such obstructi
Page 45 and 46: has been served fails, without suff
Page 47 and 48: eferred to in sub-section (2) and d
Page 49 and 50: Provided that the Pradhan shall not
Page 51 and 52: (2) The Secretary shall be responsi
Page 53 and 54: i. he shall give immediate informat
Page 55 and 56: (xiii) he shall serve such processe
Page 57 and 58: (e) all public lamps, lamp-posts an
Page 59 and 60: (3) Every Gram Panchayat shall have
Page 61 and 62: the case of exchange, or the value
Page 63 and 64: (xvii) fees on erection, exhibition
Page 65 and 66: Gram Panchayat, Panchayat Samiti 1
Page 67 and 68: (4) The offence of theft triable by
Page 69 and 70: had jurisdiction to try the offence
Page 71 and 72: (b) in default of payment, sentence
Page 73 and 74: Suites to imporve whole claim. 63.
Page 75 and 76: Power to determine. 71. (1) Subject
Page 77 and 78: Bar to trial of case of suit in whi
Page 79 and 80: Appearance of parties. Legal practi
Page 81 and 82: Resignation by member of Nyaya Panc
Page 83 and 84: Government, the same proportion to
Page 85 and 86: 95 (1) When any Gram is excluded fr
Page 87: 96. (1) The members of a Panchayat
Page 91 and 92: 2 Provided also that if, for any te
Page 93 and 94: (6) When the offices of the Sabhapa
Page 95 and 96: 101. 1 [Subject to the other provis
Page 97 and 98: hour fixed at the immediately prece
Page 99 and 100: (ii) undertake execution of any sch
Page 101 and 102: accordance with such procedure as m
Page 103 and 104: section (1)] within the time and in
Page 105 and 106: Provided also that no development c
Page 107 and 108: Provided further that if such perso
Page 109 and 110: (3) Whoever uses without a license
Page 111 and 112: (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
Page 123 and 124: determined, or when seats are reser
Page 125 and 126: inconsistent with the provisions of
Page 127 and 128: (B) of an offence under Chapter IXA
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
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other property which is under its c
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(4) 1 When a Zilla Parishad takes a
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1 Explanation— For the purpose of
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with its own recommendation. The Zi
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member in a Sthayee Samiti and such
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(5) 6 Notwithstanding anything cont
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(a) contributions and grants, if an
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(ii) a fee for providing sanitary a
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(a) anything done or any action tak
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population or the Scheduled Tribes
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(c) A Sthayee Samiti shall consist
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(b) any material impropriety or irr
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(2) Where a person referred to in s
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Panchayat Samiti or the Zilla Paris
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ules or bye-laws made thereunder, t
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any service, work or thing under th
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207. (1) The State Government may t
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(2) Upon the transfer of any powers
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other provisions of this section, d
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first meeting of the Panchayat was
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declare any member or members to be
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selected, he shall exercise the pow
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(a) to examine the accounts of the
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until the reconstitution of such Gr
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allocation as may be determined by
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under this Act for such area shall
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