The West Bengal Panchayat Act, 1973

West Bengal Act XLI of 1973 
THE WEST BENGAL PANCHAYAT ACT, 1973. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 17th January, 1974.] 
[17th January, 1974.] 
An Act to reorganise Panchayats in rural areas of West Bengal and to 
provide for matters connected therewith. ' 
WHEREAS it is expedient to reorganise Panchayats in rural areas of 
West Bengal and to provide for matters connected therewith; 
It is hereby enacted in the Twenty-fourth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:— 
PART I 
CHAPTER I 
Preliminary 
1. (1) This Act may be called the West Bengal Panchayat Short title, 
Act, 1973. 	 extent and  commence-
ment. 
West Ben. 
Act XXXIII 
of 1951. 
West Ben. 
Act XVII of 
1965. 
Ben. Act XV 
of 1932. 
Cooch Behar 
Act IV of 
1903. 
West Ben. 
Act XVIII of 
1955. 
2 of 1924. 
(2) It extends to the whole of West Bengal, except the areas to which 
the provisions of the Calcutta Municipal Act, 1951, the Howrah Municipal 
Act, 1965, the Bengal Municipal Act, 1932, the Cooch Behar Town 
Committee Act, 1903, the Chandernagore Municipal Act, 1955, and the 
Cantonments Act, 1924, or any parts or modifications thereof apply or 
may hereafter be applied. 
(3) This section shall come into force at once; the remaining sections 
shall come into force on such date or dates and in such area or areas 
as the State Government may, by notification, appoint and different dates 
may be appointed for different sections and for different areas. 
 
 
2. 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; 
(2) "Block" means an area referred to in section 93; 
Definitions. 
265 
The West Bengal Panchayat Act, 1973. 
[West Ben. Act 
(Part I.—Chapter 1.—Preliminary.--Section 2.) 
(3) "Block Development Officer" means an officer appointed 
as such by the State Government; 
(4) "case" means a criminal proceeding in respect of an offence 
triable by a Nyaya Panchayat; 
(5) "District Magistrate" includes an Additional District 
Magistrate, a Deputy Commissioner, an Additional 
Deputy Commissioner and any other Magistrate appointed 
by the State Government to discharge all or any of the 
functions of a District Magistrate under this Act; 
(6) "Director of Panchayats" means the Director of Panchayats, 
Department of Panchayats, Government of West Bengal, 
and includes a Joint Director of Panchayats, a Deputy 
Director of Panchayats and an Assistant Director of 
Panchayats; 
(7) "District Panchayat Officer" means an officer appointed as 
such by the State Government; 
(8) "District Planning Committee" means the District 
Planning Committee established by the State Government 
for a district; 
(9) "Extension Officer, Panchayats" means an officer appointed 
as such by the State Government; 
(10) "Gram" means any mauza, part of a mauza or group of 
contiguous mauzas or parts thereof declared by the State 
Government under sub-section (1) of section 3 to be a 
Gram; 
(11) "Gram Panchayat" means a Gram Panchayat constituted 
under section 4; 
(12) "Karmadhyaksha" means the Karmadhyaksha of a Sthayee 
Samiti of a Panchayat Samiti elected under section 125 
or of a Sthayee Samiti of a Zilla Parishad elected under 
section 172, as the case may be; 
(13) "mauza" means an area defined, surveyed and recorded as 
a distinct and separate village in the revenue record of the 
district in which it is situate; 
(14) "notification" means a notification published in the Official 
Gazette; 
(15) "Nyaya Panchayat" means a Nyaya Panchayat constituted 
under section 51; 
(16) "Panchayat Samiti" means a Panchayat Samiti constituted 
under section 94; 
(17) "Pradhan" means a Pradhan of a Gram Panchayat elected 
under section 9; 
266 
The West Bengal Panchayat Act, 1973. 
XLI of 1973.] 
(Part 1.—Chapter 1.—Preliminary.—Section 2.) 
(18) "prescribed" means prescribed by rules made under this 
Act; 
(19) "prescribed authority" means an authority appointed by 
the State Government, by notification, for all or any of the 
purposes of this Act; 
(20) "public street" means any street, road, lane, gully, alley, 
passage, pathway, bridge, square or court, whether a 
thoroughfare or not, over which the public have a right of 
way, and includes side drains or gutters and the land up to 
the boundary of any abutting property, notwithstanding 
the projection over such land or any verandah or other 
superstructure; 
(21) "Sabhapati" means a Sabhapati of a Panchayat Samiti, 
elected under section 98; 
(22) "Sabhadhipati" means a Sabhadhipati of a Zilla Parishad, 
elected under section 143; 
(23) "Sahakari Sabhapati" means a Sahakari Sabhapati of a 
Panchayat Samiti, elected under section 98; 
(24) "Sahakari Sabhadhipati" means a Sahakari Sabhadhipati 
of a Zilla Parishad, elected under section 143; 
(25) "Scheduled Castes" means such castes, races or tribes or 
parts of, or groups within, such castes, races or tribes as 
are deemed to be Scheduled Castes in relation to the 
State of West Bengal under article 341 of the Constitution 
of India; 
(26) "Scheduled Tribes" means such tribes or tribal commu-
nities or parts of, or groups within, such tribes or tribal 
communities as are deemed to be Scheduled Tribes in 
relation to the State of West Bengal under article 342 of 
the Constitution of India; 
(27) "State Planning Board" means the West Bengal 
State Planning Board established by the State 
Government; 
(28) "suit" means a civil suit triable by a Nyaya Panchayat; 
(29) "Upa-Pradhan" means an Upa-Pradhan of a Gram 
Panchayat, elected under section 9; 
(30) "year" means the year beginning on the first day of 
April; 
(31) "Zilla Parishad" means a Zilla Parishad of a district  
constituted under section 140. 
267 
The West Bengal Panchayat Act, 1973. 
[West Ben. Act 
Gram. 
Gram 
Panchayat 
and its 
constitution. 
(Part IL—Gram Panchayat.—Chapter IL—Constitution of 
Gram Panchayat.—Sections 3, 4.) 
PART II 
GRAM PANCHAYAT 
CHAPTER II 
Constitution of Gram Panchayat 
3. (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. 
(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. 
(3) The State Government may, after making such enquiry as it may 
think fit and after consulting the views of the Gram Panchayat or 
Panchayats concerned, by notification— 
(a) exclude from any Gram any area comprised therein; or 
(b) include in any Gram any area contiguous to such Gram; or 
(c) divide the area of a Gram so as to constitute two or more 
Grams; or 
(d) unite the areas of two or more Grams so as to constitute 
a single Gram. 
4. (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 of the 
West Bengal Legislative Assembly for the time being in force 
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 not being less than seven or more 
than twenty-five as may be determined by the prescribed authority 
in accordance with such rules as may be made in this behalf by the 
State Government, and the members so elected, shall be the members 
of the Gram Panchayat. 
(3) For the convenience of the election the prescribed authority 
shall, in accordance with such rules as may be made in this behalf by 
the State Government,— 
(a) divide the area of a Gram into constituencies, not being 
less than three or more than fourteen, on the basis of 
number of members of Gram Panchayat determined 
under sub-section (2); 
(b) allocate to each such constituency seats, not exceeding 
three, on the basis of electorate of the Gram. 
268 
The West Bengal Panchayat Act, 1973. 
XLI of 1973.] 
(Part 11.—Gram Panchayat.—Chapter 11.—Constitution of 
Gram Panchayat.—Section 5.) 
(4) Every Gram Panchayat constituted under this section shall be 
notified in the Official Gazette and shall come into office with effect 
from the date of its first meeting at which a quorum is present. 
(5) Every Gram Panchayat shall be a body corporate having perpetual 
succession and a common seal and shall, by its corporate name, sue and 
be sued. 
5. (1) When an area is excluded from a Gram under clause (a) of Effect of al- 
sub-section (3) of section 3, such area shall, as from the date of the terationofthe  area of a notification referred to in that sub-section, cease to be subject to the Gram. 
jurisdiction of the Gram Panchayat of that 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. 
(3) When the area of any Gram is divided under clause (c) of sub-
section (3) of section 3 so as to constitute two or more Grams, the Gram 
Panchayat of that Gram shall, as from the date of the notification 
referred to in that sub-section, cease to exist and there shall be 
reconstitution of the Gram Panchayats for the newly-constituted Grams 
in accordance with the provisions of this Act. 
(4) When the areas of two or more Grams are united under clause 
(d) of sub-section (3) of section 3 so as to constitute a single Gram, the 
Gram Panchayats of the said Grams shall, as from the date of the 
notification referred to in that sub-section, cease to exist and a separate 
Gram Panchayat shall be constituted for the new Gram in accordance 
with the provisions of this Act. 
(5) When under sub-section (3) of section 3 any area is excluded 
from, or included in, a Gram, or a Gram is divided so as to constitute 
two or more Grams, or two or more Grams are united to constitute a 
single Gram, the properties, funds and liabilities of the Gram Panchayat 
or Panchayats affected by such reorganisation shall vest in such Gram 
Panchayat or Panchayats, and in accordance with such allocation, as 
may be determined by order in writing by the prescribed authority, and 
such determination shall be final 
(6) An order made under sub-section (5) may contain such 
supplemental, incidental and consequential provisions as may be necessary 
to give effect to such reorganisation. 
269 
The West Bengal Panchayat Act, 1973. 
[West Ben. Act 
Effect of 
inclusion of 
a Gram or 
part there-
of in 
municipal-
ity, etc. 
Term of 
office of 
members of 
Gram 
Panchayat. 
(Part II.—Gram Panchayat.—Chapter II.—Constitution of 
Gram Panchayat.—Sections 6, 7.) 
6. (1) If, at any time, the whole of the area of a Gram is included 
in a municipality, or in an area constituted as a notified area under section 
93A of the Bengal Municipal Act, 1932, or in an area under the authority 
of a Municipal Corporation, a Town Committee or a Cantonment, the 
Gram Panchayat concerned shall cease to exist 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 the notified area authority or on 
the Municipal Corporation or on the Town Committee or on the 
Cantonment Authority, as the case may be. 
(2) If, at any time, a part of the area of a Gram is included in a 
municipality or in an area constituted as a notified area under section 
93A of the Bengal Municipal Act, 1932, or in an area under the authority 
of a Municipal Corporation, a Town Committee or a Cantonment, the 
area of the Gram shall be deemed to have been reduced to the extent 
of the part so included in a municipality or in the area constituted as 
a notified area or under the authority of a Municipal Corporation, a Town 
Committee or a Cantonment, and the properties, funds and liabilities of 
the Gram Panchayat concerned in respect of the part so included shall 
vest in and devolve on the Commissioners of the Municipality or the 
notified area authority or on the Municipal Corporation or on the Town 
Committee or on the Cantonment Authority, as the case may be, in 
accordance with such allocation as may be determined by the prescribed 
authority and such determination shall be final and, unless the State 
Government otherwise directs, all rules, orders, directions and notifications 
in force in the area under the authority of the Commissioners of the 
Municipality, notified area authority, Municipal Corporation, Town 
Committee or Cantonment, as the case may be, shall apply to the part 
of the area of the Gram so included. 
7. (1) The members of a Grain Panchayat shall, subject to the 
provisions of section 11, hold office for a period of four years beginning 
from the date of its first meeting at which a quorum is present. 
(2) The period of four 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 meeting of the newly-formed Gram 
Panchayat after a fresh election at which a quorum is present: 
Provided that if such first meeting of the newly-formed Gram 
Panchayat cannot be held within three months of the expiry of the said 
period of four years, the State Government may, by order, terminate the 
term of office of the members of the Gram Panchayat continuing in 
Ben. Act XV 
of 1932. 
270 
The West Bengal Panchayat Act, 1973. 
XLI of 1973.] 
(Part 11.—Gram Panchayat.—Chapter IL—Constitution of 
Gram Panchayat.—Section 8.) 
office under this sub-section and appoint any authority, person or persons 
to exercise and perform, subject to such conditions as may be specified 
in the order, the powers and functions of the Gram Panchayat under this 
Act or any other law for the time being in force until the date on which 
such first meeting of the newly-formed Gram Panchayat is held. 
8. Subject to the provisions contained in sections 94 and 97, a Disqualifica- 
person shall not be qualified tiers of mem- 
bers of Gram 
Panchayat .(a) he is a member of a Nyaya Panchayat or a Panchayat Samiti 
or a Zilla Parishad or of any municipal authority constituted 
under any of the Acts referred to in sub-section (2) of 
section 1; or 
(b) he is in the service of, or receives remuneration from, the 
Central or the State Government or a Gram Panchayat or 
a Panchayat Samiti or a Zilla Parishad; 
(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 Gram Panchayat, or 
the Panchayat Samiti of the Block comprising the Gram 
concerned, or the Zilla Parishad of the district: 
Provided that no person shall be deemed to be disqualified 
for being elected a member of a Gram Panchayat by reason 
only of his having a share or interest in any public company 
I of 1956. 	 as defined in the Companies Act, 1956, which contracts 
with or is employed by the Gram Panchayct or Panchayat 
Samiti of the Block comprising the Gram or the Zilla 
Parishad of the district; 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 a 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 
271 
The West Bengal Panchayat Act, 1973. 
[West Ben. Act 
(Part II.—Gram Panchayat.—Chapter H.—Constitution of 
Gram Panchayat.—Section 9.) 
(h) he has been convicted by a court of an offence involving 
moral turpitude punishable with imprisonment for a period 
of more than six months or an offence under Chapter IXA 
of the Indian Penal Code or section 3 or section 9 of the 
West Bengal Local Bodies (Electoral Offences and 
Miscellaneous Provisions) Act, 1952 or Chapter III of Part 
VII of the Representation of the People Act, 1951, and five 
years have not elapsed from the date of the expiration of 
the sentence. 
45 of 1860. 
West Ben. 
Act X of 
1952. 
43 of 1951. 
Pradhan 
and Upa- 
Pradhan. 
9. (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. 
(2) The meeting to be held under sub-section (1) shall be convened 
by the prescribed authority in the prescribed manner. 
(3) The Pradhan and the Upa-Pradhan shall, subject to the provisions 
of section 12 and to their continuing as members, hold office for a period 
of four years: 
Provided that a Pradhan or an Upa-Pradhan shall continue in office 
after the expiry of the said period until a new Pradhan or Upa-Pradhan 
is elected and assumes office or until an authority, or a person or persons 
is or are appointed under the proviso to sub-section (2) of section 7. 
(4) When— 
(a) the office of the Pradhan falls vacant by reason of death, 
resignation, removal or otherwise, or 
(b) the Pradhan is, by reason of leave, illness or other cause, 
• temporarily unable to act, 
the Upa-Pradhan shall exercise the powers, perform the functions and 
discharge the duties of the Pradhan until a new Pradhan is elected and 
assumes office or until the Pradhan resumes his dtities, as the case 
may be. 
(5) When— 
(a) the office of the Upa-Pradhan falls vacant by reason of 
death, resignation, removal or otherwise, or 
(b) the Upa-Pradhan is, by reason of leave, illness or other 
cause, temporarily unable to act, 
the Pradhan shall exercise the powers, perform the functions and discharge 
the duties of the Upa-Pradhan until a new Upa-Pradhan is elected and 
assumes office or until the Upa-Pradhan resumes his duties, as the case 
may be. 
272 
The West Bengal Panchayat Act, 1973. 
XLI of 1973.] 
(Part 11—Gram Panchayat.—Chapter 11.—Constitution of 
Gram Panchayat.—Sections 10, 11.) 
(6) When the offices of the Pradhan and the Upa-Pradhan are both 
vacant, or the Pradhan and the Upa-Pradhan are temporarily unable to 
act, the prescribed authority may appoint a Pradhan and an Upa-Pradhan 
from among the members of the Gram Panchayat to act as such until 
a Pradhan or an Upa-Pradhan is elected and assumes office. 
(7) The Pradhan and the Upa-Pradhan of a Gram Panchayat shall 
be entitled to leave of absence for such period or periods as may be 
prescribed. 
10. (1) A Pradhan or an Upa-Pradhan or a member of a Gram 
Panchayat may resign his office by notifying in writing his intention to 
do so to the prescribed authority and on such resignation being accepted 
the Pradhan, the Upa-Pradhan or the member shall be deemed to have 
vacated his office. 
(2) When a resignation is accepted under sub-section (1), the 
prescribed authority shall communicate it to the members of the Gram 
Panchayat within thirty days of such acceptance. 
Resignation 
of Pradhan 
or Upa-
Pradhan or 
a member. 
Ben. Act V 
of 1919. 
West Ben. 
Act I of 
1957. 
West Ben. 
Act XXXV 
of 1963. 
11. (1) The prescribed authority may, after giving an opportunity Removal of 
member of to a member of a Gram Panchayat to show cause against the action Gram 
proposed to be taken against him, by order remove him from office— Panchayat 
(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 
(b) if he was disqualified to be a member of the Gram Panchayat 
at the time of his election; or 
(c) if he incurs any of the disqualifications mentioned in clauses 
(b) to (g) of section 8 after his election as a member of the 
Gram Panchayat; or 
(d) if he is absent from three consecutive meetings of the Gram 
Panchayat without the leave of the Gram Panchayat; or 
(e) if he does not pay any arrear in respect of any tax, toll, fee 
or rate payable under this Act or the Bengal Village Self-
Government Act, 1919, or the West Bengal Panchayat 
Act, 1957, or the West Bengal Zilla Parishads Act, 1963. 
(2) Any member of a Gram Panchayat who is removed from his 
office by the prescribed authority under sub-section (1) 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 after giving the appellant an opportunity of being heard, 
modify, set aside or confirm the order. 
273 
The West Bengal Panchayat Act, 1973. 
[West Ben. Act 
(Part 11—Gram Panchayat.—Chapter 11.—Constitution of 
Gram Panchayat.—Sections 12-16.) 
(3) The order passed by such authority on such appeal shall be final. 
Removal of 
Pradhan 
and Upa-
Pradhan. 
Filling of 
casual 
vacancy in 
the office of 
Pradhan 
or Upa-
Pradhan. 
Filling of 
casual 
vacancy in 
place of a 
member of 
Gram 
Panchayat 
Term of 
office of 
Pradhan, 
Upa-
Pradhan or 
member 
filling casual 
vacancy. 
Meetings of 
Gram 
Panchayat. 
12. A Pradhan or an Upa-Pradhan of a Gram Panchayat may, at 
any time, be removed from office by a resolution of the Gram Panchayat 
carried by the majority of the existing members of the Gram Panchayat 
at a meeting specially convened for the purpose. Notice of such meeting 
shall be given to the prescribed authority: 
Provided that at any such meeting while any resolution for the 
removal of the Pradhan from his office is under consideration, the 
Pradhan, or while any resolution for the removal of the Upa-Pradhan 
from his office is under consideration, the Upa-Pradhan, shall not, 
though he is present, preside, and the provisions of sub-section (2) of 
section 16 shall apply in relation to every such meeting as they apply 
in relation to a meeting from which the Pradhan or, as the case may 
be, the Upa-Pradhan is absent. 
13. 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. 
14. 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. 
15. 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. 
16. (1) Every Gram Panchayat shall hold a meeting at least once 
in a month 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 at such place within the local limits of the Gram concerned 
as the prescribed authority may fix: 
274 
The West Bengal Panchayat Act, 1973. 
XLI of 1973.] 
(Part 11.—Gram Panchayat.—Chapter H.—Constitution of 
Gram Panchayat.—Sections 17, 18.) 
Provided further that the Pradhan when required in writing by 
one-fifth of the members of the Gram Panchayat subject to a 
minimum of four members to call a meeting shall do so within seven 
days, failing which the members aforesaid may call a meeting after 
giving intimation to the prescribed authority and seven clear days' notice 
to the Pradhan and other members of the Gram Panchayat. Such 
meeting shall be held at such time and at such place within the local 
limits of the Gram concerned as the members calling the meeting 
may decide. 
(2) The Pradhan or in his absence the Upa-Pradhan shall preside 
at the meeting of the Gram Panchayat; and in the absence of both, the 
members present shall elect one of them to be the President of the 
meeting. 
(3) One-fourth of the total number of members subject to a 
minimum of four members shall form a quorum for a meeting of a Gram 
Panchayat: 
Provided that no quorum shall be necessary for an adjourned 
meeting. 
(4) All questions coming before a Gram Panchayat shall be decided 
by a majority of votes: 
Provided that in case of equality of votes the person presiding shall 
have a second or casting vote. 
17. A list of the business to be transacted at every meeting of a List of 
Gram Panchayat except at an adjourned meeting, shall be sent to each business to 
be transacted 
member of the Gram Panchayat in the manner prescribed at least seven at a meeting. 
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. 
18. The Gram Panchayat shall prepare in the prescribed manner Report on 
the work of 
a report on the work done during the previous year and the work proposed ra Gm 
to be done during the following year and submit it to the prescribed Panchayat. 
authority and to the Panchayat Samiti concerned within the prescribed 
time. 
275 
The West Bengal Panchayat Act, 1973. 
[West Ben. Act 
Obligatory 
duties of 
Gram 
Panchayat. 
(Part IL—Gram Panchayat.—Chapter III—Powers and 
duties of Gram Panchayat.—Section 19.) 
CHAPTER III 
Powers and duties of Gram Panchayat. 
19. Subject to such conditions as may be prescribed, the duties 
of a Gram Panchayat shall be to provide within the area under its 
jurisdiction for— 
(a) sanitation, conservancy and drainage and the prevention of 
public nuisances; 
(b) curative and preventive measures in respect of malaria, 
small pox, cholera or any other epidemic; 
(c) supply of drinking water and the cleansing and disinfecting 
the sources of supply and storage of water; 
(d) the maintenance, repair and construction of public streets 
and protection thereof; 
(e) the removal of encroachments of public streets or public 
places; 
(f) the protection and repair of buildings or other property 
vested in it; 
(g) the management and care of public tanks, subject to the 
provisions of the Bengal Tanks Improvement Act, 1939, Ben. Act XV 
common grazing grounds, burning ghats and public of 1939.  
graveyards; 
(h) the supply of any local information which the District 
Magistrate, the Zilla Parishad or the Panchayat Samiti 
within the local limits of whose jurisdiction the Gram 
Panchayat is situate, may require; 
(i) organising voluntary labour for community works and works 
for the upliftment of its area; 
(j) the control and administration of the Gram Panchayat Fund 
established under this Act; 
(k) the imposition, assessment and collection of the taxes, rates 
or fees leviable under this Act; 
(1) the maintenance and control of Dafadars and Chowkidars 
within its jurisdiction and securing due performance by the 
Dafadars and Chowkidars of the duties imposed on them 
under this Act; 
(m) the constitution and administration of the Nyaya Panchayat 
established under this Act; and 
(n) the performance of such functions as may be transferred 
to it under section 31 of the Cattle-trespass Act, 1871. 	 1 of 1871. 
276 
The West Bengal Panchayat Act, 1973. 
XLI of 1973.] 
(Part IL—Gram Panchayat.—Chapter /IL—Powers and 
duties of Gram Panchayat.—Sections 20, 21.) 
20. (1) A Gram Panchayat shall also perform such other functions Other 
as the State Government may assign to it in respect of— duties 
of Gram (a) primary, social, technical or vocational education; 	 Panchayat. 
(b) rural dispensaries, health centres and maternity and child 
welfare centres; 
(c) management of any public ferry under the Bengal Ferries Ben.Act I of 	 Act, 1885; 1885. 
(d) irrigation; 
(e) grow-more-food campaign; 
(f) care of the infirm and the destitute; 
(g) rehabilitation of displaced persons; 
(h) improved breeding of cattle, medical treatment of cattle and 
prevention of cattle disease; 
(i) its acting as a channel through which Government 
assistance should reach the villages; 
(j) bringing waste land under cultivation; 
(k) promotion of village plantations; 
(1) arranging for cultivation of land lying fallow; 
(m) arranging for co-operative management of land and other 
resources of the village; 
(n) assisting in the implementation of land reform measure in 
its area; 
(o) implementation of such schemes as may be formulated or 
performance of such acts as may be entrusted to the Gram 
Panchayat by the State Government; and 
(p) field publicity on matters connected with development works 
and other welfare measures undertaken by the State 
Government. 
(2) If the State Government is of opinion that a Gram Panchayat 
has persistently made default in the performance of any of the 
functions assigned to it under sub-section (1), the State Government 
may, after recording its reasons, withdraw such function from such 
Gram Panchayat. 
21. Subject to such conditions as may be prescribed, a Gram Discretion-
Panchayat may, and shall if the State Government so directs, make ary 
Gram provision for— 	 Panchayar. 
(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 it it; 
277 
The West Bengal Panchayat Act, 1973. 
[West Ben. Act 
(Part 11.—Gram Panchayat.—Chapter 111.—Powers and 
duties of Gram Panchayat.—Section 21.) 
(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 callings, 
(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; 
(f) the allotment of places for storing manure; 
(g) assisting and advising agriculturists in the matter of 
obtaining State loan and its distribution and repayment; 
(h) filling up of insanitary depressions and reclaiming of 
unhealthy localities; 
(i) the promotion and encouragement of cottage industries; 
(j) the destruction of rabbit or ownerless dogs; 
(k) regulating the production and disposal of foodstuffs and 
other commodities in the manner prescribed; 
(I) the construction and maintenance of sarais, dharmasalas, 
rest houses, cattle sheds and cart stands; 
(m) the disposal of unclaimed cattle; 
(n) the disposal cf unclaimed corpses and carcasses; 
(o) the establishment and maintenance of libraries and reading 
rooms; 
(p', the organisation and maintenance of akharas, clubs and 
other places for recreation or games; 
(q) the maintenance of records relating to population census, 
crop census, cattle census and census of unemployed persons 
and of other statistics as may be prescribed; 
(r) the performance in the manner prescribed of any of the 
functions of the Zilla Parishad, with its previous approval, 
calculated to benefit the people living within the jurisdiction 
of the Gram Panchayat; 
(s) rendering assistance in extinguishing fire and protecting 
life and property when fire occurs; 
(t) assisting in the prevention of burglary and dacoity; and 
(u) any other local work or service of public utility which is 
likely to promote the health, comfort, convenience or material 
prosperity of the public, not otherwise provided for in 
this Act. 
278 
The West Bengal Panchayat Act, 1973. 
XLI of 1973.] 
(Part 11.—Gram Panchayat.—Chapter 111.—Powers and 
duties of Gram Panchayat.—Sections 22, 23.) 
22. 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. 
State 
Government 
to place 
funds 
necessary 
for the 
performance 
of functions 
and duties 
under 
section 20 or 
21 at the 
disposal of 
the Grain 
Panchayat. 
23. (1) No person shall erect any structure or building in any area Control of 
within the jurisdiction of a Gram Panchayat except with the previous 
b
opmeralting„ .  
permission in writing of the Gram Panchayat. 
(2) Every person seeking permission under sub-section (1) shall 
make an application in writing to such authority, in such form, containing 
such particulars and on payment of such fee, not exceeding twenty-five 
rupees, as may be prescribed. 
(3) On receipt of such application the authority, after making such 
enquiry as it considers necessary and within such time as may be 
prescribed, shall, by order in writing, either grant the permission or 
refuse it, recording in the case of refusal the reasons therefor. 
(4) Any person aggrieved by an order of the authority under sub-
section (3) refusing permission may, within ninety days from the date 
of communication of such order to him, prefer an appeal to such appellate 
authority as may be prescribed. 
(5) No appeal shall lie against the order of the appellate authority 
referred to in sub-section (4). 
(6) Where any structure or building is being or has been erected in 
contravention of the provisions of sub-section (1), the authority may, 
after giving the owner of such building an opportunity of being heard, 
make an order directing the demolition of the building by the owner 
within such period as may be specified in the order and in default the 
authority may itself effect the demolition and recover the cost thereof 
from the owner as a public demand. 
(7) Any person who erects any structure or building in contra-
vention of the provisions of sub-section (1) shall be liable on conviction 
by a Magistrate to a fine which may extend to two hundred and fifty 
rupees. 
279 
The West Bengal Panchayat Act, 1973. 
[West Ben. Act 
(Part IL—Gram Panchayat.—Chapter 111.—Powers and 
duties of Gram Panchayat.—Section 24.) 
Improve-
ment of 
sanitation. 
24. (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 or 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 or fence from the view of persons passing by 
or dwelling in the neighbourhood; 
(b) to cleanse, repair, cover, fill up, drain off or remove water 
from, a private well, tank, reservoir, pool, pit, depression or 
excavation therein which may be injurious to health or 
offensive to the neighbourhood; 
(c) to clear off any vegetation undergrowth, prickly pear or 
scrub jungle therefrom; 
(d) to remove any dirt, dung, nightsoil, manure or any obnoxious 
or offensive matter therefrom and to cleanse the land or 
building: 
Provided that a person on whom a notice has been served 
as aforesaid may, within thirty days of receipt of such 
notice, appeal to the prescribed authority against the order 
contained therein 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 Gram Panchayat concerned as 
may be prescribed, modify, set aside or confirm the order: 
Provided further that'the prescribed authority shall, when 
it confirms or modifies the order contained in the notice 
after the expiry of the period mentioned therein, fix a fresh 
period within which the order contained in the notice, as 
confirmed or modified by it, shall be carried out. 
(2) If the order contained in a notice served as aforesaid, has not 
been set aside by the prescribed authority and if the person upon whom 
the notice has been served fails, without sufficient reason, to comply with 
280 
The West Bengal Panchayat Act, 1973. 
XLI of 1973.1 
(Part IL—Gram Panchayat.—Chapter III—Powers and 
duties of Gram Panchayat.—Section 25.) 
the order in its original form or the order as modified by the prescribed 
authority, within the time specified in the notice or within the time fixed 
by the prescribed authority, as the case may be, he shall be liable, on 
conviction by a magistrate, to a fine which may extend to two hundred 
and fifty rupees. 
25. (1) A Gram Panchayat shall have control over all public streets 
and waterways within its jurisdiction other than canals as defined in 
Ben. Act III section 3 of the Bengal Irrigation Act, 1876, not being private property of 1876. 
	
	 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; 
(e) with the sanction of the Zilla Parishad and where there is 
a canal as defined in the Bengal Irrigation Act, 1876, with 
the sanction also of such officer as the State Government 
may prescribe, undertake irrigation projects; 
(f) trim hedges and branches of trees projecting on public 
street; and 
set apart by public notice any public source of water supply 
for drinking or culinary purposes and likewise prohibit all 
bathing, washing or other acts likely to pollute the source 
so set apart. 
(2) A Gram Panchayat may, by a notice in writing, require any 
person who has caused obstruction or encroachment on or damage to 
any public street or drain or other property under the control and 
management of the said Gram Panchayat, to remove such obstruction 
or encroachment or repair such damage, as the case may be, within the 
time to be specified in the notice. 
(3) If the obstruction of encroachment is not removed or damage is 
not repaired within the time so specified the Gram Panchayat may cause 
such obstruction or encroachment to be removed or such damage to be 
repaired and the expenses of such removal or repair shall be recoverable 
from such person as a public demand. 
(g) 
Power of 
Gram 
Panchayat 
over public 
streets, 
waterways 
and other 
matters. 
281 
The West Bengal Panchayat Act, 1973. 
[West Ben. Act 
(Part 11.—Gram Panchayat.—Chapter 111.—Powers and 
duties of Gram Panchayat.—Section 26.) 
(4) For the purpose of removal of obstruction or encroachment under 
sub-section (3), the Gram Panchayat may apply to the Subdivisional 
Magistrate and the Subdivisional Magistrate shall, on such application, 
provide such help as may be necessary for the removal of such obstruction 
or encroachment. 
Power of 
Gram 
Panchayat 
in respect of 
polluted 
water-
supply. 
26. (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 arty 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 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 Gram 
Panchayat concerned as may be prescribed, modify, set 
aside or confirm the order: 
Provided further that the prescribed authority shall, when 
it confirms or modifies the order contained in the notice after 
the expiry of the period mentioned therein, fix a fresh period 
within which the order contained in the notice, as confirmed 
or modified by it, shall be carried out. 
(2) If the order contained in a notice served as aforesaid has not been 
set aside by the prescribed authority and if the person upon whom the 
notice has been served fails, without sufficient reason, to comply with 
the order in its original form or the order as modified by the prescribed 
authority, within the time specified in the notice or within the time fixed 
by the prescribed authority, as the case may be, he shall be liable, on 
conviction by a magistrate, to a fine which may extend to two hundred 
and fifty rupees. 
282 
The West Bengal Panchayat Act, 1973. 
XLI of 1973.] 
Ben. Act 
of XIII 
1936. 
f-ower of 
recovery of 
cost for 
work carri-
ed out by 
Grant 
Panchavat 
on failure 
of any 
person. 
(Part IL—Gram Panchayat.—Chapter 111—Powers and 
duties of Gram Panchayat.—Sections 27-29.) 
27. (1) Notwithstanding anything contained in the Bengal Water 
Hyacinth Act, 1936, a Gram Pachayat 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 Gram Panchayat concerned as 
may be prescribed, modify, set aside or confirm the order: 
Provided further that the prescribed authority shall, when it confirms 
or modifies the order contained in the notice after the expiry of the period 
mentioned therein, fix a fresh period within which the order contained 
in the notice, as confirmed or modified by it, shall be carried out. 
(2) If the order contained in a notice served as aforesaid has not been 
set aside by the prescribed authority and if the owner or occupier upon 
whom the notice has been served fails, without sufficient reason, to 
comply with the order in its original form or the order as modified by 
the prescribed authority, within the time specified in the notice or within 
the time fixed by the prescribed authority, as the case may be, he shall 
be liable, on conviction by a magistrate, to a fine which may extend to 
two hundred and fifty rupees. 
28. In the event of an outbreak of cholera or any other water-borne 
infectious disease in any locality 

Excerpt shown. Open the full act in Lexace.

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