The west bengal panchayat act, 1956
West Bengal · state statute
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Governm ent of West Bengal
Legislative Department
West B•engal Act I of 1957
The West Bengal Panchayat
Aet, 1956
Superintendent, Government Printing
West Bengal Government Press, Alipore, West Bengal
1957
I
!
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West Bengal Act I of 1957
THE WEST BENGAL PANC HAYA T AGT, 1956.
CONTENTS,
PART I.
OH.APTER 1.
Preliminary.
SEOTION.
1. Short title, extent and commencenrnnt .
2. Definitions.
CHAPTER JI.
Gram Sabha.
3. Constitntion of Gra-m Sabha.
4. Repeal nnd amendment of C6rtain enactments.
6. Power to alter Gram Sabha areas.
6. Effect of inclusion of a Gram Sabha are or a part thereof m municipality,
etc.
7. Mo mbors of Gram Sabha.
8. Annual and lrnlf-yea.rly general meeting of the r am Sabha.
9. Business at tho general meetings.
10. Quorum.
CHAPTER III.
Gram Panchayat.
11. Establishment, constitution and incorporation of G1·a,m Panchayat.
12. Term of office of members, Adhya.ksha and Upadhyal;;sha.
13. Appointment of members by prescribed authority.
14. Appointment by prescribed authority of first Adhyaksha and Upadhyaksha.
15. Disqualifica'tions of Adhyaksha and Uvadhyaksha and :members of Gram
Panchayat.
16. Elect.ion or appointment in a Gram Panchayat to be notified.
17. Resignation of Adhyaksha, Urxulhyaksha or member.
18. Removal of Aclhyaksha nnd Upaclhyaksha.
19. I'illing of casual vacancies in tho office of Adhgaksha and Upadhyaksha.
20. Ren:oval of member of Gram Panchayat and appeal.
21. Filling of casual vacancy in place of a member of Gram Panchayat.
22. Meetings.
23. List of business to be transacted at a meeting.
24. Report on the work of Gram Panchayat.
ii The West Ben.g"al Panchayat Act, 1956.
LWest Bon, Act
CHA.P'l'ER IV.
Anchal Panchayats.
SECTION
25. Establishment of Anchal Panchayats.
26. Constitution of Anchal Panchayats.
27. Pradhan and Upa-Pradhan of Anchal Panchayat.
28. Application of sections 17 to 24 in certain cases.
29. Committees of Anchal Panchayats.
30. Incorporation of 1!nchal Panchayat.
CHAPTER V.
Powers and duties of Gram Panchayats.
Obligatory duties of Gram, Panchayat.
Oth er duties of Gram Panchayat.
Panchayat on
?
Power of recovery of cost for work carried out by Gram
failure of any person.
Joint Committees.
Discret.iona.ry duties of Gram Panclayat.
State Government to place funds necessary for the performance of functions and duties
under section 32 or 33 at the disposal of the Gram Panchayat.
Delegation of duties to Gram Pa nchayat by the Central Governrue,nt or State
Government or local authority.
Improvement of sanitation.
Hower of Gram Panchayat over public streets, water-ways and other matters.
Power of Gram Panchayat in respect of polluted private water supply.
Po e r of Gram Panch a t to prevent growth of water-hyacinth or other weed
which may pollute water.
Emergent power on outbreak of epidemic.
42.
31.
32
33.
34.
35.
36.
37.
38.
39.
40.
41.
43. Delegation of functions by District Board.
44. Appointment of staff.
45. Delegation of functions of Gram Panchayat to its Adkgaksha.
CHAPTER VI.
Powers and duties of Anchal Panchayat8.
46. Functions of Anchal Panchayats.
47. Anchal Panchayat may manage estates and inte rests vested 1 the State.
48. Oillcers and servants of Anchal Panchayat.
49. Delegation of functions of Anchal Panchayat and its Pradhan.
50. Anchal Pancl ayat may lend the services of its secretary to a Gram Panchayat.
CHAPTER VIL
Dafadars and Chouwkidars.
5]. Dafadars and chowkidars.
52. l::t ate Government may contribute cost of maintenance of dafadars and
chowkd ars.
fi3. Powers and duties of chowkidara and dafadar .
54. .Ar 1ested person to be taken to police-staliion.
o?1957.]
The West Bengal Panchayat Act, 1956.
0
CHAPTER Vlll .
iii
Finnnce and Taxation.
SLOTION.
55. A.nchal Panchayat Fu nd.
56. Gram Panchayat Fund.
57. Imposition of to.x by Anchal Panchayat.
58. Audit of accounts of Amnchal Panchayat and Gram Panchaua$
59. Budget of Gram, Panchayat.
60. Budget of Anchal Panchayat.
O1.iAP'l'ER IX.
Property of Gram Panchagat,
61. Vesting of public properties in Gram Panchaya .
62. Allocation of properties to Gram Panchayat.
63. Acquisition of land for Gram Panchayat.
UH AP I i A.
Colltrol.
84. Supervision and appeal.
05. Power to remove Adlyaksha, Upadhyaksla, etc. and appeal.
66.. Powers to the prescribed authority in case of default.
67. Power to recoustitute or supersede Panchayats.
68. Consequences of reconstitution and supersession.
69. Appointment of inspecting officers of Panchayats.
PART II.
CIIAPTER XI
Nyayo Panchayats.
70. Constitution of Nyaya Panchayats
71. Criminal jurisdiction.
72. How case may be instituted .
73. Power to dismiss or refuse to en't:ert ain petition.
74. Dismissal for default.
75. Proceedings preliminary to trial.
76. Compounding of offences.
77. Bar to appeal.
78. Power to impose fine or to award coILpensation.
'19. Release after admonition or on probation of good condnr:t
80. Civil jurisdiction.
81. Suits not to be tried.
82. Bui'ts to include whole claim.
83. Local limits of jurisdiction.
4 . How suit may be instituted.
85. Dismissal of suits barred by limita tion, e e.
86. Dismissal of suits for default.
87. Summons to defendant to appear.
iv The West Bengal Panchayat Act, 1956.
[West Ben. Act I oY1957.J
SEO±ION.
88. Ex pa-rte decision.
89. No order to be set aside without notice to opposite party.
90. Power to determine parties.
91. Decision of suits.
92. lnstalments.
93. Decision to be final; but power to i\In nsif to order retrial.
4 . Death of part ies.
95. Effect of decision on questions of title,. etc ,
General Provisions.
96. Procedure for y aya Panchaya .
97. Bar to trial of case or suit in which a Panchayat or its member IS interested.
98. Withdrawal or transfer of case or suit.
99. Certain suits and cases not to be tr ied.
100. Inspection.
101. Attendance of witnesses.
102. Appearance of parties.
103. Legal practitioners not to practise.
104. Appearance of women.
105. Power to issue commission.
106. Trial of suit triable by more 'than one Nyaya Panchayat.
107.
108
109.
no.
111.
112.
113.
114,
115.
Realisation of fees and execution of decrees.
Registers and records.
Resignation by member of Nyaya Panchayat.
Filling of casual vacancies.
Removal of members of Nyaya Panchay t .
PART Ill.
CHAPTER XU.
Miscellaneous.
Assistance to District Magistrate and other officers.
Liability of member, Pradhan, etc., for loss due to negligence
Members of Anchal Panchayat, ete., to be public servants.
lndernnity.
I
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116. Validation of proceedings.
117. Election disputes.
Transitory Provisions,
118. Transitory provisions.
Removal of Difficulty.
ll O. Removal of difficulty.
CHAPTER XIIL
Power to make rules.
120. Rules.
SCHEDULE I.- Enactrr..ents repealed or amended.
SH EDULI II. Offences to be reported by a choc kidar and a dafadar.
SCHEDULE U L- Offences 't-riable by a Nyaya Panchayat.
West Bengal Act I of 19570
THE WIEST BENGAL PANCHAYAT G T, 1956.
[
1
Passed by the TVest Bengal Legislatw·e.]
[Assent of tho President wus first published in the Calciitta Ga:-ette,
Ea:lraordinary, of the 2-!th Janu11ry, 1957.J
[24th January 1957.]
An .:let tu· establish Panchayats in r wal areas of W est
Bengal and to pro'V-icle /01·matters connectecl the-rewith.
It is hereby enacted in the Seventh Year of the
Republic of India, by the Legislature of West Bengal, as .
follows:-
PART I.
CHAPTER I.
P RELIMINARY.
\,Vest Ben.
Act
KXXIII of
l951.
3en. Aot
KV of
l932.
Cooch
3eb11r Act
:v of 1903.
Cooch
3ebur Act
'II of 1944.
Vest Bon.
et XVIII
£ 1955.
I of 192d.
1. (1) This Act may
Panchayat Act, 1956.
be called the W est Bengal Short title,extent and
commenoo,.
ment.
(2) It extends to the who-le o£ West Bengal, except the
areas to which the provisions of the Calcutta Municipal .Act,
1951, the Bengal Municipal Act, 1932, the Cooch Behar Town
Committee Act, 1903, the Cooch Behar Municipal .A.ct,
1944, the Chanclernagore Municipal .A.ct, 1955, and the
Cantonments c t, 1924, or any parts or moclifications thereof
apply or may hereafter be applied.
(J) This section shall come into force at once; the
remaining sections shall come into force on such elate or
daies and in such area or areas as the State Government may,
by notification, appoint ancl different dates may be appointed
for different sections and for different areas.
2.
(a)
( )
In this Act, unless the context otherwise reqmres,-
nLic//1.yaksha" nncl "Upadhya/cshtz", respectively,
me a Adhy aksha and Upadhgyaksha of a Gram
Pa nchayat ;
''Anchal Panchayat'' means an 1-lnchal Panchayat
constituted under this Act;
Definitions.
2 The West Bengal Panchayat Act, 1956.
[Wost Ben. Act
(Part ].- Chapter 1.- Preliminary.- Section 2.)
"building" includes a ho-use, out-house, stable, privy,
urinal, shed, but, wall (other than a boundary
wall not exceeding- ten feet in height) and any
other structure, whether of masonry, bricks, wood,
mud, metal or any combination of these mate
rials, or any other material ,vbutsoever but does
not include a tent or other portable shelter and
does not also include any temporary shed erected
on ceremonial or festive occasions;
(d) "c ase'' means a criminal proceeding in rP.spect 0£ an
offence triable by a Nyaya Panchayat;
(e) "District Board" means a District Board established
under the Bengal Local Self-Governm<'nt Act of Ben, .Act.
1885; Ir or188y
(j) "District Juc1ge" includes an Adoii;ional District
Judge and a Subordinate Judge;
(g) "District Magistrate" includes an Additional Dis
trict 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 uncler this Act;
(h) ''Gram Panchayat'' me ans a Gram Panchayat
constituted under this Act;
(i) "Gram Sabha" means a Gram Sabha constituted
under tbis Act;
(j) "notification" means a notification published in the
Ufjicial Gazette;
(k) ' y aa Panchayat'' means a Nyaya Panchayat
constituted under this Act;
(@) 'P radhan'' and "U pa-Pradhan'', respectively, mean
Pradhan and Upa-Pradhan of an Anchal
Panchayat ;
(m) ''prescribed'' means prescribed by this Act or by
any rule made thereunder;
n) ''prescribed authority'' means an authority appoint
ed, by notification, for all or any of the purposes
0£ this Act, by the State Government either
generally or for a particular purpose ;
(o) "public -street" means any street, road, lane, gully
alley, passage, pathway, bridge, square or court,
whether a thoroughfare or not, over which the
pnhlic have a right of way, and includes side
drains or gutters and the land up to the boundary
of any abutt ing property, notwithstandino the
projection over such land of any verandah or
other superstr ucture;
(c)
The West Bengal Panchayat Act, 1956.
I of 1957.]
(Part I.C hapter I.P reliminary .C hapter
Sabha.- Sections 3, 4.)
3
II.- Gram
''Subdivisional Magistrate'' includes any Maoistrate
appointed or empowered by the State Government
to rlisC"harge all or any of the functions of a
Subdivisioual Magistrate·under this Act;
(q) "suit" means a civil suit triable by a Nyaya
Panchayat;
(r) "village" means an area defined, surveyed and
recorded as a distinct and separate village in the
revenue records of the district in ,vhich it is situate;
(.!) "year" means the year beginning on the first day of
April.
CHAPTEH. 11.
Gram Sabha.
3. (1) \Vhen this Act has come into force in any area,
the State Government may, by notification, constitute one or
more Gram Sabhas within such area for the purposes of
this Art .
(2) 'The State Governme nt shall specify the nnme and
the local limits of the jurisdiction of ere Gram Sabha in
the notification mentionecl in sub-section (}).
4. () On the constitution of a Gram Sabha or Gran
Sabhas in an area as aforesaid, the enactments specified
in column 3 of Schedule I shall from the elate of electiori. or
appointment of the first Adhyaksha of the Gram Panchaya
under section ll or section 14 be repealed or amended in
the area concerned to the extent and in the manner specified
in column 4 thereof:
Provided thnt until a new assessment is made under
this Act, any assessme nt, 1ate, fax, toll, fee or other imposi
tion wh ich was in force in such area under the enactments
repealed or me nded as aforesaid, shall continue to be in
force and all sums due on account of such rate, tax, toll,
fee or other imp osition in arrears or accruing shall be
realised by such authority as may be appointed by the State
Government as if they were due under the provisions of this
Act, and shall he credited to such fund as the State Govern..
ment may direct.
(2) When, in consequence of the repeal of the enactments
referred to in sub- secti on (Z), n y Panchayat, union committ ee
or union board in any area ceases to exist, all the properties,
Constitu
tion of
Cram
Sabha.
Repeal and
amend
ment of
cert ain
enact
ments.
(p)
4 The TV-est Bengal Panchayat ilct, 1956.
[West Ben. Act
(Part I.C hapter II.- Gram Sabha. Sections 6, 6.)
funds and other assets which are vested in such Panchayat,
union committee or union board, as the case ma y be, and all
the rights and liabilities thereof shall, save as provided in
the proviso to sub-section (1), be vested in such Anchal
Panchayat or Anchal Panchayats and in accordance with
such allocn.tion, as may be determined by the prescribed
authority, whose orders thereon shall be final.
Power to 5. (.l) The State Government may, after consulting the
alter Gram views of the Gram Sabha or Sabhas concerned, by notifica
Sabha tion-areas.
(a) exclude from the local limits of the jurisdiction
of a Gram, Sabha any area comprised therein; or
(b) include within the local limits of the jurisdiction of
a Gram Sabha any area in the vicinity thereof; or
(c) divide the area 0£ any Gm m Sabha so as to consti
tute two or more Gram Sabhas; or
(d) unite the areas of two or more Gmm, Sabhas so as to
constitute a single Gram Sabha; or
(e) otherwise alter or revise the limits of any U-·ram
Sabha.
(2) When an area is included wi thin the local limits of
the jurisc.liction of a Gram Sabha under sub-section () ,
such urea shall. from the date of such inclusion, become
subject to all laws, rules, regulations, by-la s and, orders
in force in the area of the Gram Sabha.
(3) Wh en an area is e:s:clu<l.ed from the local limits of the
jurisdiction of a Gram Sabha the enactments specified in
column 3 of Schedule I shall, from the date of such exclusion
be deemed to be revived in such area to the extent to which
they were repealed or amended by the said Schedule:
Provided that all assessments, rates, taxes, fees, tolls and
other impositions made and imposed under this Act shall
continue to be in force in the area until new assessments are
made ancl uew tnxes, rates, fees, tolls and other impositions
ma de and imposed under the enactments specified in column 3
of Schedule I and all assets and liabilities relating to such
area shall vest in the State Governme nt who shall pass such
orders as to their disposal as it thinks :fit.
Effect of
inclusion
of a Gram
Sabha area
or 8 part
thereof in
a munici
pality, eta,
8. (1) If, at any time, the whole of the area of a Uram
Sabha is include d in a municipality or in an area under the
authority of a Municipal Corporation, a 'l'own Co n sittee
or a Cantonme nt, the Gram Sabha shall cease to exist and the
properties, funds and other assets vested in su ch (Gram
Sabha and all the rights and liabilities of such Gram Sabha
shall vest in and devolve on the municipality or on the
Municipal Corporation or on the Town Commi ttee, or on the
Cantonment authority, as tho case may be.
T'he West Bengal Panchayat Aot, 1956. 5
Bor 1957.]
(Part I. Chapter II .- Gram Sabha.S ections 7, 8.)
(.2) If, at any time, a part of the area of a Gram Sabha
is included in a municipality or in an area under the
authority of a Municipal Corporation, a Town Committee or
a Cantonment, the area of the Gram Sabha shall be deemed
to have been reduced to the extent of the part so included in
a mun c1pality or _an an area under the authority of a
Mum1e pal Corporation, a Town Committee or a Cantonment,
and the properties, funds and other assets vested in such
Gram Sabha and all the rights and liabilities of such Gram
Sabha in respect of the part so included shall vest in and
devolve on the municipality OT on the Municipal Corpora
tion or on the 'rown Committee or on the Cantonment
authority, as the case may be, in accordance with such
allocation, as may be determined by the prescribed authority,
whose orders thereon shall be final.
T. (I) Every Gram Sabha shall consist of all 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 for which the Gram Sabha has been
constituted.
(2) 'The prescribed authority shall from time to time
maintain a list of the names of the persons referred to in sub
section (1) an<l such list·shall be the list of me mbers of the
Gram abh a.
8. (I) B e ry Gram Sabha shall hold one annual generd
meeting and one half-yearly general meeting:
Provided that the Adhaaksha of the Gram Panchayat
may, at any time, ancl shall, upon a requisition in wr iting
by not less than one-fifth of the total number of members of
tle Gram Sabha, within twenty-one davs from the receipt
of such requisition, convene an e:straordinary general
meeting.
(2) 'The requisition referred to in the proviso to sub
section (Z) shali state the objects of the meeting and shall
be signed by the members requisitioning and shall be deposit
ed or delivered at the office of the Grmn Sabha, ancl may
consist of several documents each signed by one or more
members.
(3) If the dhaaksha of the Gram Panchayat concerned
foils to convene the meeting within the twenty-one days, the
prescribed authority shall, on a written request made by the
me mbers requisitioning within ten days from the date of
expiry o.f the period mentioned in the proviso to sub
section (1), convene the meeting within twenty-one do.ys from
the <late of receipt of the writt en request.
(o The meetings of a Gram Sabha shall be held in such
manner n.nd at such time and place as may be prescribed.
Members of
Grarn
Sabha.
Annual and
half-yearly
general
meeting of
the Gram
8abha.
6 The West Bengal Panchayat Act, 1956.
[West Ben. Act
Business at
the general
meetings.
(Part I.C hapter II.G ram Sabha.- Sectfons 9, 10.
Chapter 111.- Gram Panchayat.- Section 11.)
9. (I) The Gram Sabha shall-
(a) at the annual general meeting-
(i) consider the budget for the following year,
(ii) consider the report submitted by the GCram
Panchayat on the work done during the
previous year and the work proposecl to be done
during the followi ng year, and give such direc
tions to the Gmm I anchayat as it may deem
necessary, and
(iii) transact such other business as may be
prescribed;
(b) at the half-yearly general meeting, transact such
business as may be prescribed.
(:.?) Every member of the Gram Sabha shall have the
right of asking for information on all matters relating to
h e admi nistration of the Gram Panchayat at the meetings
referred to in sub-section (1).
_(.3) 'l'he Adhyah'sha of the Gram Panchayat or in his
absence the Upadhyali.slza of the Gram Panchayat of the
Gram. Sabha concernel , shall preside at the meetings of
the Gram Sabha and in the absence of both, the Gram Sabha
shall elect in the manner prescribed. one or the members
present at the meeting to preside.
Quorum. 10. (1) No business shall be transacted ut any meeting
of the Gram Sabha unless at least one-tenth of the total
nurn ber of members pf the Gram Sabha is present.
(-'d) In c-nse there be no quorum present, the meeting shall
be adjourned to a date within one month to be announced
at the meeting by the person presiding notice of which
shall be given to the members of the Gram Sabha in the
prescribed manner, and at such adjourned meeting no
quorum shall be necessary. o
(3) At the adjourned meeting no business shall be tran
suct ecl other tlum the business which was on the agenda of
the meeting at which the adjournment took place.
I'I
Establish
ment,
cos ti
tution snd
fuoorpora
tian of
Gram Pa
rhayat.
CHAPTER Il l.
Gra.rn Panchnyat.
11. (1) There shall be a Gram I'anchayat for every
Uran . Sabha.
(2) The members of a Gram, Sabha shall elect in the
·manner p-resC'ribed from amongst themselves such number
of members not being· less than nine or more than f fteen as
may be determined by the prescribed authority, and the
members so elected shall constitute the Gram Panchayat.
I of 1957.]
The West Bengal Panchayat Act, 1956. 7
(<)
(Fart ].- Chapter III.- Gram Panchayat.- Ser;t,ion 12.)
(3) The prescribed authority may divide the area of a
Gram Sabha into such number of constituencies as may be
convenient for the purpose of election.
(4) Every Gran Panchayat shall be a body corporate by
the name of the Gram Panchayat having perpetual succession
and a common seal and shall, subject to the restrictions or
qualifications, if any, imposed under this Act or under any
other law for the time being in force, have power to accept a
gift of, acquire, hold, administer and transfer property both
movable and immovable and to enter into any contract or do
all things necessary for carrying out its duties under this
Act and shall, by its name, sue and be sued.
(5) Notwithstanding anything in sub-section (2),
the State Government may associate with any Gram,Panchayat
elected under that sub-section or appointed under
section 13, for such period as it thinks :fit, any person whether
a member of the Gram Sabha concerned or not, h o may,
in the opinion of the State Government, possess special
qualifications for serving on the Gram Panchayat to enable
it to function effectively; an<l all such person or persons.
shall be deemed to be members of the Gram Panchayat for
all purposes except that they shall not have the right to
vote and shall not be elg ible for being elected as Adhgakshc
or Upadhaaksl a:
Provided that the total number of persons so associated
with a Gram Panchayat shall not exceed one-third of the
total number·of members constituting the Gram Panchayat.
(6) Every Gram Panchayat shall, at its first meeting
at wh ich a quorum is present elect, subject tc the
provisions of sub-section (6), one of its members to be
the Adhyaksha and another member to be the Upadhyal sf a
of the Gram Panchayat in the manner prescribed:
Provided that if the Gram Panchayat fails to elect an
Adhyal,;sha,, the Aclhvaksha of the outgoing Gr amm,
Panchayat shall resume office and continue to hold the same
until a new Adhyaksha is elected.
12. (1) The term of office of the members of the Gram
Panchayat shall, subject to the provisions of section 21, be
four years computed from the elate of the :first meeting of the
Gramm. Panchayat at which a quorum is present:
Provided that the IJrescribed authority may, by noti
fcation, extend the term by such period not exceeding one
year as may be specified in the notification :
Provided further that notwithstanding anything
contained in this section, every member of the Gram
Panchayat shall continue to hold office until the :first
meeting of the ne l formed Gram Panchayat after a fresh
election at which a quorum is present.
Term of
office of
members,
Adhyal
sha and
Upadhyalc
sha.
8
(Part I.C hapter III.- Gram
13- 15.)
Panchayat.S ections
The We st Bengal Panchayat Act, 1956.
[Wost Ben. Act
Appoint
ment of
membersby
prescribed
authority.
Appoint-
ment by
prescribed
authority
of first
Adhyalcsha
and Upa•
dhyalcsha.
(2) An elected Adhyaksha and Upadhyaksha of a
Gram Panchayat shall, subject to the provisions of sections
18 and 19, hold office for four years from the elate 0£ his
election as Adhyali:.sha or Uzwdhyab ha, as the case may be.
(3) Notwithstanding anything contained in sub"
section (2), an elected Adha ksha and Cmadhaaksha shall
be deeme d to have vacated office as soon as the newly
formed Gram Panchayat has assembled. at the meeting held
under the provisions of sub-section (G) of ·section 11.
13. Notwithstanding anything contained in section 11,
the prescribed. authority may, if it thinks fit, constitute the
first Gram Panchaa t and appoint the members thereof from
amongst the members of the Gram Sabha concerned for a
period. not exceeding one year from the date of the notifica
tion mentioned in section 3 after which they shall be
replaced by members elected in the manner prescribed and
thereupon they shall be deemed to have vacated office :
Provided that if the members are appointed for a period
of less than one year, the prescribed authority may, if it
thinks fi.t, extend the period up to one year.
14. Notwithstancling anything contained in this
Chapter, the prescribed authority may appoint two of the
members of a Gram Panchayat to be its first flrlhyaltsha
and :first Upadhyaksha, respectively, for a period not
exceeding one year from the date of the notification
mentioned in section 3, after which period they shall be
replaced by an Adhyaksha and an Upadhyaksha elected by
the Gram Panchayat:
Provided that if the Adhyaksha and the Upadhyaksha are
appointed for a period of less than one year, the prescribed
authority may, if it thinks :fit, extend the period of their
appointment up to one year.
i
. '
ly
Disqualif
cations of
A.dhyal sha
and Una
d y alsha
and mem-
bers of
Cram
Panchayat.
(a)
(b)
he is under twenty-five years of age; or
he has been dismissed from the service of the Central
or State Government or local authority for i s
conduct involving moral turpitude and h ere the
dismissal has been made by the Central or State
Government, he has been debarred. from employ
ment in public service; or
15. (I ) Notwithstanding anything contained in this
Chapter, a person shall not be qualified for being elected or
appointed an Aclhyalcslta or UpadhyalLsha or a member of a
Gram Panchayat, if
The We st Bengal Panchayat 4ct, 1956. 9
I or1957.]
(Part I.- Chapter III.G ram
16, 17.)
Panchayat.S ections
of
56.
(c) he has directly or indirectly, by himself or by his
partner oremployer or an employee, any share or
1t erest m any contract with, by or on behalf
of the Ga m Pancl ayat:
Provided that no person shall be deemed to be disquali
fed for being elected or appointed as Aclhyahsha,
Upadhyaksha or a member of a Gram Panchaya
by reason 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 Gram Panchayat; or
he has been adjudged by a competent court to be of
unsound mind; or
he is an undischarged insolvent; or
he being a discharged insolvent has not obtained from
the court a certificate that his insolvency was
caused by mi sfortune without any misconduct on
his part; or
any tax, toll, fee or rate due from him under this
.Act for the year previous to that in which the
election is held remains unpaid.
(2) If any person is or has been convicted by a criminal
court of an offence punishable with transportation or
imprisonment for a period of more than six months, such
person shall not he eligible for election or appointment as
Adhayaksha or Upadhyalsha or as a member of a Gram
Panchayai, for :five years from the date of expiration of the
sentence:
Provided that on application made by a person dis
qualif ed under this sub-section, the State Government may,
if satiRfied_ on sufficient cause being shown, remove the dis
qualification by an order made in this behalf and shall do so
if, in the opinion of the State Government, the offence does
not involve moral turpitude.
16, B e ry election or appointment .of the members of
a Gram Panchayat and its Adhya s ha and Upadhyal sha
shall be notified in the manner prescribed.
17, An Adhyalsha or Upadha ksha o a member of a
Gram Panclw.yat may resign his office by notifying in
writing his intention to do so to the prescribed authority and
on such resignation being accepted by the said authority
shall be deemed to have vacated his office.
Election or
appoint
ment in a.
Gram
Panchayat
to bo noti-.
.fled.
Resignation.
of Adhya.
c ha, Up0
dbyalcsha
or member.
(g)
(e)
(f)
10 The West Bengal Panchayot Act, 1956.
[West Ben. Act
Removal of
Adhyal sha
and Upa
dhyaksha.
Filling of
casual va
cancies in
the office of
Adl yaksha
an d Upa
dhyaksha.
Removal of
member of
Gram
Panchayat
and
appeal.
(Part I. Chapter II I .- Gram Panchayat.- Sections 18- 20.)
18. An elected Adhyaksha or Upadhyaksha of a Gram
Panchayat may at any time be removed from office by a
resolution of the Gram 'Panchayat carried by the votes of
·not less than two-thirds of the total number of members
holding office for the time being, at a meeting specially
convened for the purpose :
Provided that if the number of members who have
voted in favour of such resolution is less than two-thirds
but more than one-half of the total number of members
holding office for the time being, the prescribed authority
may, if it thinks fit, by order, remove the Adhyaksl a or
the Upadhyaksha, as the case may be, from his office.
19. (1) In the event of removal of · an elected
Adhayaksha or Upadhyaksha under section 18 or when a
vacancy occurs in the office of an elected Adhyaksha or
Uvaclhyaksha by resignation, death or otherwise, the Gram
Panchayat shall elect another Adhayalsha or Upadhyaksha
in the prescribed manner.
(2) Every Adhyal sha or Upadhyaksha elected under
sub-section (J) ,shall hold office for the unexpired port ion of
the term of office of the person in whose place he is elected.
20. (I ) The prescribed authority may, after giving an
opportunity to a member of a Gram Panchayat to socause against the action proposed to be taken against him,
remove him from office-
(a) on the ground of misconduct in tbe discharge of his
duties; or
(b) if he refuses to act or becomes incapable of acting
as such member; or
(c) 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
(d) if he is absent from meetings of the G·ram
Panchayat for three consecutive meetings without
the leave of the r am Panchayat; or
(e) if he is in arrears £or more than one year in
payment of rates, tolls, fees or taxes to the
Anchal Panchayat; or
(f) if he was disqualified to be a member of the Gram
Panchayat at the time of h1s election or appoint-
ment; or .
(o) i£ he incurs any of the disqualifications mentioned
in clauses (b), (c), (d), (e) and (f) of sub-section
(1) or section 15, after h s election as a member
of the Gram Panchayat.
I
f·l
l
The West Bengal Panchayat Act, 1956. 11
BoY1957.]
(;>
(Part I.- Chapter III .G ram Panchayat.S ections 212 3.)
(2) Any member of a Gmm Panchayat who is removed
from his office by the prescribed authority on any of the ·
grounds mentioned in clauses (@), ( ) , (d), (e), ( ) and (o)
of sub-section (J), may, within thirty days from the date
of the order, appeal to the Commissioner of the Division
within the local limits of whose jurisdiction the Gram
Panchaayat is situate, and thereupon the Commissioner of
the Division may stay the operation of the order till the
disposal of the appeal and l e may, after gi ving 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. The order passed by the Commissioner
of the Dirisio on such appeal shall be final.
2i. (I) If the seat of a member of a Gram Panchaya
becomes vacant by reason of his death, resignation,
removal or otherwise, the vacancy shall be flled in the
prescribed manner by appointJ;nent or election, as the case
may be, of another person under this Act.
(2) Tl e person elected or appointed to a vacancy
referred to in sub-section (1) shall hold office for tb.1=
unexpired portion .of the term of office of the person 1n
whose place he is elected or appointed.
22. (1) Every Gram Panchayat shall hold a meeting
at least once in a month at sc h time and such place with1n
the local limits of the Gram Sabha concerned as the
A.dhayaksha may fr :
Provided that the Adha ksha when required in writing
by one-third of the members of the Gram Panchayat to call
a meeting shall do so within seven days, failing which the
members aforesaid may, after informing the prescribed
authority in writing, call a meeting after giving seven clear
days' notice to the AdhyaJ-;,sha and the other members of the
Gram Panchayat.
(2) The Adhayaksha or in his absence the Upadhyalcsha
shall preside at h e meetings of the G-rmn Panchayat; and
in the absence of both, the members present shall elect one
of their number to be the president of the meeting.
(3) The quorum shall be not less than one-third of the
total number of members of the Gram I'a.nchayat.
(4) All questions coming before a Gram Panchayat shall
be decided by a majority of votes unless otherwise
provided in this Act:
Provided that in case of equality of votes the person
presiding shall have a second or casting vote.
23. A list of the business to be transacted at every
meeting of a Gram Panchayat except at an adjour ned
me etine shall be sent to each membe r of the Gr am
Panclj at in the manner prescribed, at least forty-eight
2
Filling of
casual va-.
cancy in
place of a
member of
Gram
Panchayat.
Meetings.
List, of
business to
bo transac
tod at a
meeting.
12 The West Bengal Panchayat Act, 1956.
Wost Ben. Act
(Part¢ I.C hapter III.G ram Panchayat.S ection 24.
Chapter IV.A nchal Panchayats.- Sections 25, 26.)
hours before the time fixed £or such meeting;
business shall be brought before or transacted
meeting, other than the business of which notice
so given.
and no
at any
has been
Report on
tho work of
Gram
Panchayat.
EstabliBh-
ment of
Anchal
Pac ha
yats.
Constitu
tion of
Anchal
Panoha
yat8.
24. The Gram Panc ayat shall prepare and submit
annually in the prescribed manner and within the prescribe_d
time a report on the work done during the previous year to
the Gram Sabha and also to the prescribed authority.
CHAPTER IV.
Anchal Panchayats.
25. (I) Jor the purposes hereinafter mentioned in this
Act the State Government shall establish Anchal Pancha yats
each comprising as many contiguous GrammSabhas as it may,
by notification, fix in each case.
(2) The State Government shall in the notification,
specify the names and the territorial limits of the Anchal
Panchayats.
26. (1) Every Anchal Panchoyat shall consist of the
members elected at such timeband in such manner as may
be prescribed from among the members of every Gram
Sabha within its jurisdiction by the Gram Panchaya
concerned in each case in the ratio of one member for every
two hundrec.land fift y of the members of the Gram Sabha
and one additional member if the number of the remaining
members of the Gram Sabha is not 'less than one hundred and
twenty-five:
Provided that no member of a Gram Sabha shall be
elected to be a member of an Anchal Panchayat if he has
any of the disqualifications mentioned in. section 1 :
Provided further that when a person who is a member of
a. Gra m Panchayat is elected to an Anchal Panchayat under
this sub-section, such person shall cease to be a member of
the Gram Panchaa t concerned, with effect from the elate on
which the names of the members of the .Anchal Pa-nchayat
are notified under sub-section (2), and the vacancy caused
thereby shall be filled in the manner laid down in section 21.
(2) The election of members of every Anchal Panchayat
shall be notified in the manner prescribed.
(3) The term of office of a member of an Ac hal
Panchayat shall be four years computed from the date of
the first meeting of the Anchal Pamchayat at which a
quorum is present and he shall continue to hold office
until the frst meeting of a nel y constituted Anchal
Panchayat after a general election. at which a quorum is
present.
The West Bengal Panohayat Act, 1958. 13
of 1957.]
o
(Part I.C hapter IV.A nchal Panchayats.S ections 27
30.C hapter V.P owers and d uties of Gram
PanchayatsS ection 31.)
(4) When a vacancy occurs in the membership of an
Anchal Pancha.yat 1t shall be filled within two months
from the date. of the vacancy by election by the Gram
Panchayat which elected the member whose seat has fallen
vacant.
27. (1) I v e r y Anchal Panchayat shall at i t s fir s t
meeting at which a quorum is present eleet in the manner
prescribed one of its members to be its Pradhan and
another member to be its Up- Pradhan..
(2) Tho term of off ce of the Pradhan and the Upa
Pradhan of tho Ancha l Panchayat shall be the residue of
his term of office as a member of the Anchal Panchayat:
Provided that an elected Pradhan or Upa-Pradhan shall
continue in office until a new Pradhan or Upa-Pradhan is
elected by the newly constituted .Anchal Panchayat after a
general election.
28. 1'he provisions of sections 17 to 24 shall, 'lnutatis
nmtandis, apply in the case of an Anchal Panchayat, its
Pradhan, U a -Pradhan and member.
29. An Anchal Panchayat may after the election of its
Pradhan and U a-Pradhan, constitute by specific resolu
tions at a meeting specially con""ened £or the purpose such
committee or committees for such purp ose or purposes as it
may specify and sha11 determine the number of members
of each such committee.
30. Every Anchal Panchayat shall by the name notified
uncler section 25 be a body corporate having per
petual succession and a common seal and shall, subject to the
restrictions or qualifications, if any, imposed under this
Act or under any other law for the time being in force, have
power to accept a gift of, acquire, hold, administer and
transfer properly both movable and immovable and to
enter into any contract or do all things necessary £or the
purposes of this Act, and shall by the said name sue and be
sued.
CI APTER V.
P OWE RS AND DUTIE S O Gram Pa c hayats.
3'\l. Subject to such conditions as may be prescribed, a
Grani Panchayat shall, as far as possible within the limits
of tho fund at its disposal, provide within the area under its
jurisdiction for-
(a) sanitation, conservancy and drainage and the
prevention of public nuisances;
Pradhan
and Upa
Pradhan
of Anchal
Parchaya
'Application
of sections
17 to 24
in certain
casos.
Committees
of Anchal
Pancha
yats.
Incorpora
tion of
Archal
Pa c ha
ya ,
Obligatory
duties of
r amPanchaya,t.
14 The West Bengal Panchoyat Act, 1956.
[West Ben. Act
(Po.rrt I.-C hapt'7r V.- Powers and duties of Gram
Panchayats.S ection 32.)
Ben.AlIV of Ji
Ben, A
x:v <
1939.
II
I of 1
I
(b) curative and preventive measures 1n respect of
malaria or an epidemic ;
(c) vaccination and inoculation;
(d) supply of drinking water and the cleansing and dis
infecting the sources of supply and storage of
water;
(e) the maintenance, repair and construction of public
streets and protection thereof ;
(h) the removal of encroachments on public streets or
public places;
'(g) the protection and repair of buildings or other
property vested in it;
(h) the management and care of l)ublic tanks, subject
to the provisions of Bengal Tanks Improvement:
Aet, 1939, common grazing grounds, burning
ghats and public graveyards for the common
benefit of the people;
(i) the supply of any local information which the
District Magistrate or the District Board or the
Anchal Panchayat within the local limits of whose
jurisdiction the Gram Panchayat is situate, may
require;
(j) the registration of births and deaths within the local
limits of the jurisdiction of the Gram Panchaya
under the provisions of the Bengal Births and
Deaths Registration A.ct, 1813, if required to do
so by the District Magistrate;
(k) organising voluntary labour for community works
and works £or the uplift of its area;
(@) the performance o:f such functions as may be
transferred to it under section 31 of the Cattle
trespass Act, 1871.
32. (I) A Gram Parcla yat shall also perform such
other functions as the State Government may assign to it
in respect of-
(a) primary, social, technical or -vocational education;
(b) rural dispensaries, health centres and maternity
and child. welfare centres; I
(c) management of any public ferry under the Bengai Ben.~
J erries Aet, 1885; of 188¢
Other du
ties of
Gram Pan
ehayat.
(d) irrigation ;
(e) grow-more-food campaign; ·
(f) care of the infirm and the destitute;
(g) rehabilitation 0£ displaced persons;
(h) improved breeding of cattle, medical treatment of
cattle and prevention of cattle disease;
The West Bengal Panchayat Act, 1956.
i o'i'1967.]
15
(Part I.-C hapte-r V.- Powers and duties of Gram
Panchayata.- Section 33.)
(i) its acting as a channel through which Government
assistance should reach the villages ;
(j) bringing waste land under cultivation;
(E) promotion of village plantations;
(l) 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; and
(o) the implementation of such schemes as mey 'be
formulated or performance of such acts as may
be entrusted to the Gram Panchayat by the State
Government.
2) The State Government may at any time for reasons
to be recorded in writing withdraw from a Gram Pa.ncluuyat
any function assigned to it under sub-section (1).
33. Subject to such conditions as may be prescribed, a
GrammPanchayat may, and shall if the State Governm ent
so directs, make provision for-
(a) the maintenance of lighting of public streets ;
() planting and maintaining trees on the sides of
public streets or in other public places vested 1n
it;
(c) the sinking of wells and excavation 0£ ponds and
tanks;
the introduction and promotion of co-operative
farming, co-operative stores, and other co-opera
tive enterprises, trades and callings;
the construction and regulation. of markets, the
holding and regulation of fairs, melas and hats
and exhibitions of local produce and pruducts 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) tilling up of insanitary depressions and reclaiming
of unhealthy localities;
{i) the promotion and encour agement of cottage
industries;
Discretion..
ary duties
of Gram
Parchaya .'
(a)
(e)
16 The West Bengal Panchayat Act, 1956.
[West Ben. Act
(Part I.- Chapter V.,- Powers and, duties
Panchayats.- Section 34.)
of Gram
State
Govern
ment to
place funds
necessary
forthe per..
formanoe
of funo.
tions and
duties
under seo-.
tion 32
or 33, at
the dispo
sal of the
Gram Pan.chaya.
(i) the destruction of rabid or ownerless dogs;
(k) regulating the production and disposal of foodstuffs
and other cornmoclities in the manner prese-ribed;
. (l) the construction and maintenance of sari s,
dharamsalas, rest houses, cattle sheds and cart
stands;
(m) the disposal of unclaimed cattle;
(n) the disposal of unclaimed corpses and carcasses;
(o) the establishment and maintenance of libraries and
reading rooms;
( ) 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 ~ny _ofthe functions of the District Board, wath 1ts
previous approval, calculated to benefit the people
living within the jur isdiction of the Gram
Panchayat;
(s) rendering assistance in extingu ishing fire and
protecting life and property when :fire occurs;
(t) assisting in the prevention of burglaTy and dacoitvy ;
(u) any other local work or service of public utility or
which is likely to promote the health, comfort,
convenience or material prosperity of the public,
not otherwise provided £or in thjs Act.
34. Where the State Government -assigns any function
to a Gram Panchayat under section 832, or where it directs
a. Gram Panchaa t_to make provision for any of the Items
enumerated m sect10n 33 it shall place such funds at the
disposal of the Gram Parchayat as may be required for the
performance of the function so assigned to the Gram
Panchayat or for making provision for the item so directed
to be made by the Gram Panohayat. ·
The V est Bengal Panchayat Act, 1956. 37
I of 1957.]
(Part I.C hapter V.P owers and duties of Gram
Panchayats.- -Sections 35, 36.)
35. Nothing in sections 31, 32 and 33 shall be deemed
to impose any duty or confer any power on the Gramm
Panchayat with respect to any matter which is under the
direct administrative control of any department of the
Central or State Government or of any local authority, unless
such duty or power has been transferred or delegated to the
G'l'ami Pancha·yat by order of the Central or State Govern
ment, or of the local authority, as the case may be:
Provided that when the State Government or any
local authority transfers or delegates any of its duties
or powers to a Gram Panchayat, it shallExcerpt shown. Open the full act in Lexace.
Lex