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West Bengal Panchayat Act, 1973

Panchayats and Rural Development, 👁️ 196

 An Act to reorganize, strengthen and expand the activities of Panchayats in rural areas of West Bengal to enable them to act as units of self-government and to strive for socio-economic development and securing social justice for the people and to provide formatters connected therewith.

West Bengal Act XLI of 1973
The West Bengal Panchayat Act, 1973

An Act to reorganize, strengthen and expand the activities of Panchayats in rural areas of West Bengal to enable them to act as units of self-government and to strive for socio-economic development and securing social justice for the people and to provide for matters connected therewith.

CHAPTER I
Preliminary

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II
Constitution of Gram Panchayat

3. Gram.

4. Gram Panchayat and its constitution.

5. Effect of alteration of the area of a Gram.

6. Effect of inclusion of a Gram or part thereof in Municipality, etc.

6A. Constitution of Gram Panchayat comprising whole or part of area of Municipality.

7. Term of office of members of Gram Panchayat.

7A. (Omitted.)

8. Disqualifications of members of Gram Panchayat.

9. Pradhan and Upa-Pradhan.

9A. Penalty for default.

10. Resignation of Pradhan or Upa-Pradhan or member.

11. Removal of member of Gram Panchayat.

12. Removal of Pradhan and Upa-Pradhan.

13. Filling of casual vacancy in the office of Pradhan or Upa-Pradhan.

14. Filling of casual vacancy in place of a member of Gram Panchayat.

15. Term of office of Pradhan, Upa-Pradhan or member filling Casual vacancy.

16. Meetings of Gram Panchayat 16A. Meetings of the Gram Sansad.

16B. Public meetings of the Gram Sabha.

17. List of business to be transacted at a meeting.

17A. Transaction of business at Gram Sansad meeting.

18. Report on the work of Gram Panchayat.

CHAPTER III
Powers and duties of Gram Panchayat

19. Obligatory duties of Gram Panchayat.

20. Transferred duties of Gram Panchayat.

21. Regulatory duties of Gram Panchayat.

21A. Complementary duties of Gram Panchayat.

22. State Government to place funds necessary for the performance of functions and duties under section 20 or 21 at the disposal of the Gram Panchayat.

23. Control of building operations.

23A. Regulation on advertisement.

24. Improvement of sanitation.

25. Power of Gram Panchayat over public streets, water-ways and other matters.

26. Power of Gram Panchayat in respect of polluted water-supply,

27. Power of Gram Panchayat to prevent growth of water-hyacinth or other weed which may pollute water.

28. Emergent power on outbreak of epidemic.

29. Power of recovery of cost for work carried out by Gram Panchayat on failure of any person.

30. Joint Committees,

31. Delegation of functions by Zilla Parishad.

32. Delegation of functions of Gram Panchayat to its Pradhan.

32A. Constitution of Upa-Samities and delegation of powers, functions and duties of Gram Panchayats to the Upa-Samities.

33. Gram Panchayat may manage estates and interests vested in the State.

34. Powers, functions and duties of Pradhan and Upa-Pradhan.

CHAPTER IV
Establishment of Gram Panchayat

35. Staff of Gram Panchayat.

35A. Engagement of tax collectors and other contractual workers by Gram Panchayat.

36. Control and punishment of staff of Gram Panchayat.

36A. Appeal.

36B. Exercise of powers etc. by the officers and employees.

CHAPTER V
Dafadars, Chowkidars and Gram Panchayat Karmees – (Omitted.)

CHAPTER VI
Property and Fund

41. Power to acquire, hold and dispose of property.

42. Vesting of public properties in Gram Panchayat.

43. Allocation of properties to Gram Panchayat.

44. Acquisition of land for Gram Panchayat.

45. Gram Panchayat Fund.

46. Imposition of tax by Gram Panchayat.

47. Levy of rates and fees.

47A. Power to borrow money.

48. Budget of the Gram Panchayat.

49. Supplementary Budget.

50. Accounts.

CHAPTER VII
Nyaya Panchayats

51. Constitution of Nyaya Panchayat.

52. Criminal jurisdiction.

53. How case may be instituted.

54. Power to dismiss or refuse to entertain petition.

55. Dismissal for default.

56. Proceeding preliminary to trial.

57. Compounding of offences.

58. Bar to appeal.

59. Power to impose fine or to award compensation.

60. Release after admonition or on probation of good conduct.

61. Civil jurisdiction.

62. Suits not to be tried.

63. Suits to include whole claim.

64. Local limit of jurisdiction.

65: How suit may be instituted.

66. Dismissal of suits barred by limitation, etc.

67. Dismissal of suits for default.

68. Summons to defendant to appear.

69. Ex parte decision.

70. No order to be set aside without notice to opposite party.

71. Power to determine parties.

72. Decision of suits.

73. Instalments.

74. Decision to be final but power to Munsif to order retrial.

75. Death of parties.

76. Effect of decision on questions of title, etc.

77. Procedure for Nyaya Panchayat.

78. Bar to trial of case or suit in which a Panchayat or its member is interested.

79. Withdrawal or transfer of case or suit.

80. Certain suits and cases not to be tried.

81. Inspection.

82. Attendance of witnesses.

83. Appearance of parties.

84. Legal practitioners not to practise.

85. Appearance of women,

86. Power to issue commission.

87. Trial of suit triable by more than one Nyaya Panchayat.

88. Realisation of fees and execution of decrees.

89. Registers and records.

90. Resignation by member of Nyaya Panchayat and filling of casual vacancy.

91. Removal of members of Nyaya Panchayat.

92. Reference to Sessions Judge, etc.

CHAPTER VIII
Constitution of Panchayat Samiti

93. Block.

94. Panchayat Samiti and its constitution.

95. Effect of the alteration of the area of a Block.

95A. Effect of inclusion of any area of Block in any area of Municipality.

96. Term of office of members of Panchayat Samiti.

96A. (Omitted.)

97. Disqualifications of members of Panchayat Samiti.

98. Sabhapati and Sahakari Sabhapati.

99. Resignation of Sabhapati or Sahakari Sabhapati or a member.

100. Removal of member of Panchayat Samiti.

101. Removal of Sabhapati or Sahakari Sabhapati.

102. Filling of casual vacancy in the office of Sabhapati or Sahakari Sabhapati.

103. Filling of casual vacancy in the office of a member of Panchayat Samiti.

104. Term of office of Sabhapau, Sahakari Sabhapati or member filling casual vacancy.

105. Meetings of Panchayat Samiti.

106. List of business to be transacted at a meeting.

107. Report on the work of Panchayat Samiti.

108. Block Development Officer to attend meeting.

CHAPTER IX
Powers and duties of Panchayat Samiti

109. Power of Panchayat Samiti.

110. State Government may place other property under Panchayat Samiti.

111. Power of Panchayat Samiti to transfer roads or properties to the State Government or the Ziila Parishad or a Gram Panchayat.

112. Panchayat Samiti may take over works.

113. Power of Panchayat Samiti to divert, discontinue or close road.

114. Vesting Panchayat Samiti with certain powers.

114A. Development Plan in respect of any area of Panchayat Samiti.

115. Powers of supervision by Panchayat Samiti over the Gram Panchayats, etc.

115A. Block Sansad and its constitution.

116. Powers to prohibit certain offensive and dangerous trades without licence and to levy fee. 117. Power of Panchayat Samiti to grant licence for hat or market.

118. Powers, functions and duties of Sabhapati and Sahakari Sabhapati.

CHAPTER X
Establishment of the Panchayat Samiti

119. Staff of the Panchayat Samiti.

120. Placing the services of State Government officers at the disposal of the Panchayat Samiti

121. Control and punishment of the staff of Panchayat Samiti.

122. Appeal.

123. Exercise of powers, etc. by officers and employees.

CHAPTER XI
Sthayee Samitis of the Panchayat Samitis

124. Sthayee Samti.

125. Karmadhyaksha and Secretary.

126. Resignation.

127. Casual vacancy.

CHAPTER XII
Samanway Samiti of office bearers and Karmadhyakshas

127A. (Omitted.)

CHAPTER XII
Property and Fund

128. Power to acquire, hold and dispose of property.

129. Works constructed by a Panchayat Samiti to vest in it.

130. Allocation of properties to Panchayat Samiti.

131. Acquisition of land for Panchayat Samiti.

132. Panchayat Samiti Fund.

133. Levy of tolls, rates and fees.

134. Scales of tolls, etc., to be provided by bye-laws.

135. Panchayat Samiti may raise loans and create sinking fund.

135A. Panchayat Samiti may borrow money.

136. Budget of the Panchayat Samiti.

137. Expenditure,

138. Supplementary budget.

139. Accounts.

CHAPTER XIII
Constitution of Zilla Parishad

140. Zilla Parishad arid its constitutions.

141. Term of office of members of Zilla Parishad.

141A. (Omitted.)

142. Disqualifications of members of Zilla Parishad.

143. Sabhadhipati and Sahakari Sabhadhipati.

144. Resignation of Sabhadhipati or Sahakari Sabhadhipati or member.

145. Removal of member of Zilla Parishad,

146. Removal of Sabhadhipati and Sahakari Sabhadhipati,

147. Filling of casual vacancies in the office of Sabhadhipati or Sahakari Sabhadhipati.

148. Filling of casual vacancy in the place of an elected member.

149. Term of office of Sabhadhipati, Sahakari Sabhadhipati or member filling casual vacancy.

150. Meetings of Zilla Parishad.

151. List of business to be transacted at a meeting.

152. Report on the work of Zilla Parishad.

CHAPTER XIV
Powers, functions and duties of Zilla Parishad

153. Powers of Zilla Parishad.

154. Zilla Parishad to have powers of Magistrate in district to which the Vaccination Act extends.

155. State Government may place other property under Zilla Parishad.

156. Control and maintenance of roads which run through a Municipality.

157. Zilla Parishad may take over works.

158. Power of Zilla Parishad to divert, discontinue of close road.

159. Power of Zilla Parishad to transfer roads to the State Government or Panchayat Samiti.

160. Vesting of Zilla Parishad with certain powers.

161. Joint execution of schemes by two or more Zilla Parishads.

162. Power of Zilla Parishad to grant licence for fair or mela.

163. Power of supervision by Zilla Parishad over the Panchayat Samit is < etc, 163A. Zilla Sansad and its constitution. 164. Exemption of Sabhadhipati and members of Zilla Parishad from attending registration office. 165. Powers, functions and duties of Sabhadhipati and Sahakari Sabhadhipati.

CHAPTER XV
Establishment of the Zilla Parishad

166. Staff of the Zilla Pariskad.

167. Placing the services of State Government officers at the disposal of the Zilla Parishad.

168. Control and punishment of the staff of the Zilla Parishad.

169. Appeal.

170. Exercise of powers, etc., by the officers and employees.

CHAPTER XVI
Sthayee Samitis of the Zilla Parishad

171. Sthayee Samiti.

172. Karmadhyaksha and Secretary.

173. Resignation.

174. Casual vacancy.

CHAPTER XVIA
Samanway Samiti of office bearers and Karmadhyakshos

174A. (Omitted.)

CHAPTER XVII
Property and Fund

175. Power to acquire, hold and dispose of poperty.

176. Works constructed by a Zilla Parishad to vest in it.

177. Allocation of properties to Zilla Parishad.

178. Acquisition of land for Zilla Parishad.

179. Zilla Parishad Fund.

180. Proceeds of roads cess and public works cess to be credited to the Zilla Parishad Fund.

181. Levy of tolls, fees and rates.

182. Zilla Parishad may raise loans and create a sinking fund.

182A. Zilla Parishad may borrow money.

183. Budget of the Zilla Parishad.

184. Supplementary budget.

185. Accounts.

CHAPTER XVIIA
Special provision for the District of Darjeeling

185A. Zilla Parishad for Darjeeling to stand dissolved and consequences of dissolution.

185B. Mahakuma Parishad.

CHAPTER XVIII
Audit

186. Audit of accounts of fund.

187. Submission of accounts to audit.

188. Powers of auditors.

189. Penalty.

190. Audit Report.

191. Action on audit report.

191A. Laying of audit report.

192. Power of auditor to surcharge, etc.

192A. Person making or authorising illegal payment to be removed.

193. Appeal.

194. Payment of certified sums.

195. Certain costs and expenses payable out of funds.

196. Certain expenses not chargeable to funds without previous sanction.

196A. Internal audit of accounts.

196B. Special audit of accounts.

CHAPTER XIX
Miscellaneous

197. Oath or affirmation.

197A. Majority of members elected to function when in a constituency poll is countermanded or not held.

197B. Cessation of membership on inclusion of a constituency in Municipality, etc.

198. Validation.

199. Members, officers and employees to be public servants.

200. Indemnity.

201. Reference of dispute.

202. (Omitted.)

202A. Bar to simultaneous membership.

203. (Omitted.)

204. (Omitted.)

205. Inspection.

206. Delegation.

206A. Finance Commission.

207. Transfer of institution.

207A. State Government to place officers and employees at the disposal of Gram Panchayat, Panchayat Samiti and Zilla Parishad.

207B. Transfer of powers, functions and duties.

208. Period of limitation for suits.

209. Power of State Government to rescind or suspend resolution of a Gram Panchayat, Panchayat
Samiti or Zilla Parishad.

210. (Omitted.)

211. Power of State Planning Board and the District Planning Committee.

212. Directions by State Government.

213. Power to remove Pradhan, Upa-Pradhan, Sabhapati, Sahakari Sabhapati, Sabhadhipati, and Sahakari Sabhadhipati.

213A. Disqualification on change of political party by members of Panchayats.

213B. Suspension of members of Panchayats.

214. Powers of State Government to supersede a Gram Panchayat, Panchayat Samiti or Zilla Parishad.

214A. District Council.

215. Consequences of supersession.

216. Special provision in case of prohibitory orders from Courts.

217. Transitory provisions.

218. Repeal.

219. Vesting.

220. Prosecution.

221. Recovery of arrears.

222. (Omitted.)

223. Bye-laws.

224. Power to make rules.

FIRST SCHEDULE: (Omitted.)

SECOND SCHEDULE: Offences triable by a Nyaya Panchayat.

THIRD SCHEDULE: Form of oath or affirmation to be made by a member of a Gram Panchayatv a Panchayat Samiti, a Zilla Parishad or Mahakuma Parishad.

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