West Bengal Panchayat Act, 1956 Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Act
Citation	Act 1 of 1957
Year	1957
Jurisdiction	State of West Bengal
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	agriculture

~~-~ ~ ~~ i·3i { si. ~ ~,J ~ ~~ 0 j « "I I (il Government 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 ! I \ \ West Bengal Act I of 1957 THE WEST BENGAL PANCHAYAT 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. Mombors of Gram Sabha.

8. Annual and lrnlf-yea.rly general meeting of the ram 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 Upadhyaks ha.

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. Other 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 Panchayat 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. Poer of Gram Panchat 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 interests vested 1 the State.

48. Oillcers and servants of Anchal Panchayat.

49. Delegation of functions of Anchal Panchayat and its Pradhan.

50. Anchal Panclayat may lend the services of its secretary to a Gram Panchayat.

CHAPTER VIL Dafadars and Chouwkidars. 5]. Dafadars and chowkidars.

52. l::tate Government may contribute cost of maintenance of dafadars and chowkdars. 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 Fund.

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. UHAPIi 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:ertain 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 limitation, ee.

86. Dismissal of suits for default.

87. Summons to defendant to appear. iv The West Bengal Panchayat Act, 1956. [West Ben. Act I oY 1957 .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\Innsif to order retrial.

4. Death of parties.

95. Effect of decision on questions of title,. etc, General Provisions.

96. Procedure for yaya 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 tried.

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 Panchayt.

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 j t ' ~ t l I .~ ~

116. Validation of proceedings.

117. Election disputes. Transitory Provisions,

118. Transitory provisions. Removal of Difficulty. llO. Removal of difficulty.

CHAPTER XIIL Power to make rules.

120. Rules.

SCHEDULE I.-Enactrr..ents repealed or amended. SHEDULI II.Offences to be reported by a chockidar and a dafadar.

SCHEDULE UL-Offences 't-riable by a Nyaya Panchayat. West Bengal Act I of 1957 0 THE WIEST BENGAL PANCHAYAT GT, 1956. [ 1Passed 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 rwal areas of West 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. PRELIMINARY. \,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 West 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 ct, 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.

(a) () In this Act, unless the context otherwise reqmres,- nLic//1.yaksha" nncl "Upadhya/cshtz", respectively, mea Adhyaksha and Upadhgyaksha of a Gram Panchayat; ''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) "case'' 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; Iror188y

(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'' means 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) 'yaa Panchayat'' means a Nyaya Panchayat constituted under this Act; (@) 'Pradhan'' and "Upa-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 abutting property, notwithstandino the projection over such land of any verandah or other superstructure;

(c) The West Bengal Panchayat Act, 1956. I of 1957.] (Part I.Chapter I.Preliminary.Chapter 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 th is 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 Government 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 assessment, 1ate, fax, toll, fee or other imposi tion which was in force in such area under the enactments repealed or mended as aforesaid, shall continue to be in force and all sums due on account of such rate, tax, toll, fee or other imposition 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-section (Z), ny Panchayat, union committee or union board in any area ceases to exist, all the properties, Constitu tion of Cram Sabha. Repeal and amend ment of certain enact ments.

(p) 4 The TV-est Bengal Panchayat ilct, 1956. [West Ben. Act (Part I.Chapter II.-Gram Sabha.Sections 6, 6.) funds and other assets which are vested in such Panchayat, union committee or union board, as the case may 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 tionareas.

(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

(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 within 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-las and, orders in force in the area of the Gram Sabha.

(3) When 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 made 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 Government who shall pass such orders as to their disposal as it th inks :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 included in a municipality or in an area under the authority of a Municipal Corporation, a 'l'own Consittee or a Cantonment, the Gram Sabha shall cease to exist and the properties, funds and other assets vested in such (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 Committee, or on the Cantonment authority, as tho case may be. T'he West Bengal Panchayat Aot, 1956. 5 B or 1957.] (Part I.Chapter II.-Gram Sabha.Sections 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 munc1pality or _an an area under the authority of a Mum1epal 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 members of the Gram abha.

8. (I) Bery 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 writing 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 members 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 written 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.Chapter II.Gram 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 following 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 he administration 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 suctecl other tlum the business which was on the agenda of the meeting at which the adjournment took place. I 'I Establish ment, costi tution snd fuoorpora tian of Gram Pa rhayat.

CHAPTER Ill. 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 ffteen 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, ho 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 elgible for being elected as Adhgakshc or Upadhaaksla:

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 which 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 Upadhyalsfa 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 Gramm, 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 nel 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.Chapter III.-Gram 13-15.) Panchayat.Sections The West Bengal Panchayat Act, 1956. [Wost Ben. Act Appoint ment of members by prescribed authority. Appointment 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 Uzwdhyabha, as the case may be.

(3) Notwithstanding anything contained in sub" section (2), an elected Adhaksha and Cmadhaaksha shall be deemed 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 Panchaat 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. ' l y Disqualif cations of A.dhyalsha and Una dyalsha and members 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 is conduct involving moral turpitude and here 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 West Bengal Panchayat 4ct, 1956. 9 I or 1957.] (Part I.-Chapter III.Gram 16, 17.) Panchayat.Sections of

56.

(c) he has directly or indirectly, by himself or by his partner or employer or an employee, any share or 1terest m any contract with, by or on behalf of the Gam Panclayat:

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 misfortune 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 qualifed 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, Bery election or appointment . of the members of a Gram Panchayat and its Adhyasha and Upadhyalsha shall be notified in the manner prescribed. 17, An Adhyalsha or Upadhaksha 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. cha, Up0 dbyalcsha or member.

(g)

(e)

(f) 10 The West Bengal Panchayot Act, 1956. [West Ben. Act Removal of Adhyalsha and Upa dhyaksha. Filling of casual va cancies in the office of Adlyaksha and Upa dhyaksha. Removal of member of Gram Panchayat and appeal. (Part I.Chapter III.-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 Adhyaksla 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 Adhyalsha or Upadhyaksha elected under sub-section (J) ,shall hold office for the unexpired portion 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 so cause 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 ram 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 appointment; 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 hs election as a member of the Gram Panchayat. I f ·l l The West Bengal Panchayat Act, 1956. 11 B oY 1957.] (;> (Part I.-Chapter III.Gram Panchayat.Sections 2123.)

(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 le 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. 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) Tle 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 sch time and such place with1n the local limits of the Gram Sabha concerned as the A.dhayaksha may fr:

Provided that the Adhaksha 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 he 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 adjourned meetine shall be sent to each member of the Gram Pancljat 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.Chapter III.Gram Panchayat.Section 24. Chapter IV.Anchal 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. EstabliBhment of Anchal Pacha yats. Constitu tion of Anchal Panoha yat8.

24. The Gram Pancayat 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 Panchayats each comprising as many contiguous Gramm Sabhas 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 timeb and 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.l and fifty 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. Gram Panchayat is elected to an Anchal Panchayat under this sub-section, such person shall cease to be a member of the Gram Panchaat 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 Achal 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 nely 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.Chapter IV.Anchal Panchayats.Sections 27

30.Chapter V.Powers and duties of Gram PanchayatsSection 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 firs 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 offce of the Pradhan and the Upa Pradhan of tho Anchal 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, Ua-Pradhan and member.

29. An Anchal Panchayat may after the election of its Pradhan and Ua-Pradhan, constitute by specific resolu tions at a meeting specially con""ened £or the purpose such committee or committees for such purpose 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. CIAPTER V. POWERS AND DUTIES O Gram Pachayats. 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 Pacha ya, Obligatory duties ofram Panchaya,t. 14 The West Bengal Panchoyat Act, 1956. [West Ben. Act (Po.rrt I.-Chapt'7r V.-Powers and duties of Gram Panchayats.Section 32.) Ben . Al IV of Ji Ben, A x:v <

1939. I II of 1 I

(b) curative and preventive measures 1n respect of malaria or an epidemic ;

(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 Parclayat 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

(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.-Chapte-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 Gramm Panchayat may, and shall if the State Government 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 encouragement of cottage ind ustries; 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 for the per.. formanoe offuno. 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 saris, 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 _of the functions of the District Board, wath 1ts 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 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 Panchaat_ 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 Vest Bengal Panchayat Act, 1956. 37 I of 1957.] (Part I.Chapter V.Powers 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 shall place the funds necessary for the performance of such duties or powers at the disposal of the Gram Panchayat. Delegation of duties to Gram Panchayat by the Cen tral Gov ornment or State Govern- ? ment or local authority.

36. (1) For the imnrovement of sanitation, , Improve ±e ment ofGram Panchayat shall have power to do all acts necessary ·t t·sa1 g10n, for, and incidental to, the performance of the functions entrusted or delegated to it and in particular and without prejudice to the generality of the foregoing power OT to the provisions of any other .A.ct for the time being in force, a. Gram Panchaat may require the owner or occupier of any land or building, by written notice and within a reasonable period to be specified in the notice, after taking- into consi deration his financial position, to close, remove, alter, repair, cleanse, disinfert, or put in good order any latrine, urinal, water closet, drain, cess-pool, or other receptacle for filth, sullage water, rubbish or refuse pertamnmng to such land or building or to remove or r-Jter 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 latrme, urinal or water-closet by a sufficient roof or wall or fence from the view of persons passing by or dwelling in the neighbourhood; to cleanse, repair, cover, fill up, drain off or. remove water from, a private well, tank, reservoir, pool, p1t, depression or excavation therem h1ch may be injurious _ to health or offensive to the neighbourhood;

(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 the notace, appeal to the prescribed authority against the order contained in the notice whereupon the prescrbed authority may stay ()

(a) ,· r 18 The West Bengal Panchayat Act, 1956. [West Ben. Act of GramI.-Chapter V.-Powers and duties Panohayats.-Section 37.) 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 : (Part

(e) Power of Gram Pan chayat ovor public streets, water ways and other matters.

Provided further that the prescribed authority shall, when 1t confirms or modifies the order contained in the notice after the expiry of the period mentioned therein, fix a fresh per10cl within ,vhich the order contained in the notice, as confirmed or modified by it, shall be carried out.

(2) If a person upon whom a notice has been served as aforesaid and which has not been set aside by the prescribed authority fails, without sufficient reason, to comply with the order contained in the notice 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 conv1cbon by a magistrate, to a fine which may extend to twenty-five rupees.

37. A Gram Panchayat shall have control over all public streets and water-ways within its jurisdiction other than canals as defined in section 3 of the Bengal Irrigation Act, 1876, not being private property and not being under the control of the Central or State Government or the Distract Board or any other 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; widen, open, enlarge or otherwise improve an such public street bridoe or culvert and wth 1mum damage the neighbouring fields, plant and preserve trees on the sdes of sch street;

(d) deepen or otherwise improve such waten...-ays;

(e) with the sanction of the District Board and wbere there fa a canal as defined in the Bengal Irrigation Act 1876, with the sanction also of such offcer ds the State Government may prescribe, undertake irrigation projects; (/) trim hedges and branches of trees projecting on public streets; and

(g) 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. i Ben. Aoti III or '

1876. } 1 :1 1 1 j •, •tXlll

1936. The West Bengal Panchayat Act, 1956. 19 q oi1 1957.] Part I.Chapter V.Powers and duties of Gram Panchayats.Sections 38, 39.)

38. (Z) A Gram Panchayat may, by written notice, reg_mre the owner of, or the person having control over, a prvate water-course, sprig, tank, well, or other place, the water of which 1s used for drinking or culinary purpose, after takmg mto consideration his financial position, to take all or any of the followin(J' steps ·within a reasonable period to be specified in sucl notice, namely:

(a) to keep and maintain the same in good repair; () to clean the same, from time to time 0£ silt refuse d . 'or ecay1ng vegetation;

(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, Panclw.yat 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 men tioned therein, fix a fresh period within which the order contained in the notice, as confirmed or modified by it, shall be carried out. .

(2) I any person upon whom a notice has been served as aforesaid and which has not been set aside by the prescribed authority fals, without sufficient reason, to comply wath the order contained in the notice or the order us mocl1:fied 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 u fine ,vhich may extend to twenty-five rupees.

39. (1) Notwithstanding anythino contained in the Benoal Water Hyacinth Act 1936 a Gram Panchayt may, by ritten notice, require the owner or occupier of any land or premises, containing a tank or pond or similar deposit of water, after takino into consideration his :financial pos1t10n, not to allow water-hyacinth or any other weed which may pollute water to orow 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 Power of GramPan chayat in respect of polluted private water supply. · Power of Gram Pan-. ohayat to prevent growth of tor-hya ointh or otherweed which may pollute water. Emergent power on outbreak of epidemic. Power of recovery of cost for work carried out by Gram Panchayat on failure of any per son, Joint Com mitteos. 20 The West Bengal Panchyat Act, 1956. [West Ben. Act (Part I.Chapter V.-Powers amd duties of Gram Panchayats.-:iections 40-42.) 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 1t confirms or modifies the order contained in the notice after th_e ~xpiry_ of the period mentioned therein, fix a fresh period w1thm which the order contained in the notice, as confirmed or modified by it, shall be carried out.

(2) I£ any owner or occupier upon whom a notice has1· been served as aforesaid and which has not been set aside by the prescribed authority fails, without sufficient reason, to • comply with the order contained in the notice or the order I as IJ?,Odified by the prescribed authority, within the time i 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 fne which may extend to twenty-five rupees.

40. In the event of an outbreak of cholera or any other water-borne infectious disease in any locality situated wthm the local limits of the jurisdiction of a Gram Panchayat, the Adhyaksha, the Upadhyaksha or any other person authorized by the Adhalsha may, during _the contrnuance of the outbreak without notice and at any fame, inspeet and disinfect any' well tank or other place from which water is, or is likely to be taken for the purpose of drinking and may further take such steps as he deems fit to prevent the drawing of water therefrom.

41. I any work rquired to be done by an order contained in a ·notice served under sections 36, 38 or 39 is not executed within the period specified ~n the notice: or where an appeal is made to the prescribed authority, within an equal period from the date of the decision on the appeal, the Gram Panchayat may, in the absence of satisfactory grounds for non-compliance, cause such "\\Ork to be carried out and the cost of carrying out such work shall be recoverable as an arrear of public demand from the person on whom the notice was served.

42. (J) Subject to such rules as may be prescribed, two or more Gram l'amnchayats may co1abine, by a written instrument duly subscribed by them, to appoint a. Jo1nt Committee consisting of such representatives as may be chosen by the respective Gram Panchayats for the purpose of transacting any business or carrying out; any work in which they are jointly interested and may-

(a) delegate to such committee the power, with such conditions as the Gram Panchayats may think fit to impose, to frame any scheme binding on each l I I I The West Bengal Panchayat Act, 1956. 21 I o 1957.] (Part I.Chapter V.Powers and duties of Gram Panchayats.-Sect:ions 43-45.-Chapter VI.-Powers and, duties of Anchal Panchayats.Section 46.) of the constituent Gram Pam,chOJyats as to the construction and maintenance 0£ any joint work and the power which may be exercised by any such Panchayat in relation to such scheme; and ) frame or modify rules regarding the constitution of such committees and the term of office of the members thereof and the method of conducting business. .

(2) If any difference of opinion arises between the constituent (fram Panchayats under this section, it shall be referred to such officer as the State Government may prescribe, and the decision of the said officer thereon shall be final and binding on each of the constituent Gram Pachayats.

43. (1) A District Board may, with the concurrence of a Grarn Panchayat and subject to such restrictions and conditions as may be mutually agreed upon,. delegate to such Gram Panchaya any of its functions in the manner prescribed.

(2) Where functions are delegated to a Gram Panchayat under this section, the G1·am Panchayat, in the discharge of such functions, shall act as the agent of the District Board.

44. Subject to rules made by the State Government in this behalf a Gram Panchayat may appoint such staff as it may consider necessary to carry out its duties under this Act and may fix the salaries and allowances to be paid to such staff.

45. A Gram Panchayat may, at a meeting specially convened for the purpose, by a resolution delegate to its Adhyaksha such duties or powers of the Panchayat as 1t thanks ft, subject to the approval of the prescribed author1ty, and may at any time by a resolution withdraw or modify the same:

Provided that when any power delegated to an Adhyaksha is withdrawn or modifed, the Gram Panchayat shall forth with give intimation thereof to the prescribed authority.

CHAPTER VI. Delegation of fno tions by District Board. Appointmenb of staff. Delegation of funotions of ram Pan chayat to its Adhya lcsha. PoERS AND DUTIES OF flnchal Panchayats.

46. (Z) Subject to rules made by the State Government Functions i this behalf, an 4nchat Panchaat shall be responsible ! #]. for- chayat8,

(a) the control and administration of the Anchal Panchayat Fund established under this Act; :4 J i I 4 i ·f 4 1, l I I l I J The W€<Jt Bengal Panchayat Act, 1956. [West Bon. Act 22 (Part I.-Chapter VI.-Powers and duties of .Anchal Penchayats.Sections d7, 48.)

(b) the imposition, assessment and collection of the taxes, rates, tolls or fees le-viable under this Aet;

(c) the maintenance and . control of dafadars and chowkidans within its jurisdiction and secur mg the due performance by the dafadars and chokidars of the duties imposed on them under this .Act; and

(ad) the proper constitution and administration of the yaya Panchayat established under this Act. ~2) The Anchal Panchayat may also perform such other duties as may be assigned to it by the State Government.

47. The State Government may, by general or special order published in the Of/icio.l Gazette, empower an Anchal Panchayat to manage the estates and all interests therein which are vested in the State and to exercise such powers, perform such functions and discharge such duties in con nect2on there1th as may be conferred, assigned or 11posed by or under any other la for the time being in force.

48. (1) For every Anchal Pcmchayat, there shall be a Secretary who shall be in charge of the office of the A nchal Panchayat and shall be responsible for the prepara tion of its budget estimate of income and expenditure, the statement of accounts of the previous year, the report on the work done during the previous year and the work proposed to be done <luring the following year.

(2) The Secretary shall be the executive officer of the Anchal Panchayat and shall be appointed by the State Government or any officer or authority empowered by the State Government in this behalf.

(3) An dnchal Panchayat may, at a meeting specially convened for the purpose, by a. resolut10n delegate to its Secretary such duties or powers of the Anchal Panchaya;t as it thinks fit, subject to the approval of . the yrescnbed authority, and may at any time by a resolubon w1th<lrn.w or moclify the same:

Provided that when any power delegated to the Secretary is withdrawn or modified the Anchal Panchaya.t shall forth with give intimation tho;eof to the prescribed authority.

(4) Subject to the provisions of sub-section (3), the Secretary shall act in respect of all other matters under the direction of the Pradhan through whom he shall be respon sible to the Anchal Panchayat.

(5) The State Government shaU make rules prescribing the method of recruitment conditions of service, pay and allowances and the age of superannuation of the Secretary. Anchal Panchayat may ma nge es tates and interests vested in the State. Officers and ser vants of Anchal Panchayat. The West Bengal Panchayat Aot, 1956. I of 1957.] 23 (Pant I.Clater VI..Poets and, duties of Anchal Panchayats.Sections 49, 50.Chapter VII.Dafadars and Chokidars.Seaton 51.)

(6) The salary and allowances of the Secretary shall be paid out of the Anchal Panchayat Fund.

(7) Subject to rules made by the State Government in this behalf, an Anchal Panchayat may appoint such addi tional staff as it may consider necessary to carry out its duties under this Act, an<l may fix the salaries and allowances to be paid to such staff.

49. An Anchal Panchaat may, at a meeting specially con-vened £or the purpose, by a resolution delegate to its Pradhan such duties or powers of the Anchal Panchayat as it thinks fit, subject to the approval of the prescribed authority, and may at any time by a resolution withdraw or modify the same :

Provided that when any power delegated to a Pradhan is withdrawn or modifed, the Anchal Panchayat shall forth with give intimation thereof to the prescribed authority.

50. An Anchal Panchayat may, if requested to do so by a G-rmn Panchayat, lend the services of its Secre.tary to the Gram Panchayat, on such terms and conditions as may be agreed upon between such Gram Panchayat and the Anclwl Pancha.yat, for such purposes as may be specified by the Anchal Panchayat and thereupon the Secretary shall render such service to the Gram Panchayat. Delegation of functions ofAnchal Panchaya to its Pradhan. Anchal Panchayat msy lend the services of its Secretary to s Gram Panchayat.

CHAPTER VII. Dafadars AND Chow'hidars.

51. (1) For general watch and ward, prevention of Dafadars crime, protection of life and property and discharging all and chow functions relevant thereto as hereinafter provided within kfrlars. the local limits of the jurisdiction of an Anchal Panchayat, every Anchal Panchayat shall, unless otherwise directed or other provision is made by the State Government, maintain under its control such number of dafadars and clowkidars as the State Government may by general or special ordercletermine.

(2) The number of dafadars and chowkida.rs to be maintained by an Anchal Panchaaat and the salary to be paid to them and the nature and the cost of their equipment and all matters relating to their recruitment, conditions of service, power and duties, superannuation, discipline, punishment and dismissal shall be determined in accordance with such rules as may be prescribed. State Gov ernment my contri bute cost of maintennce of dafadara and chow kidara. Powers and duties of chowkidars and dafa dars. 24 The West Bengal Panchayat Act, 1956. [West Ben. Act (Part I.Chapter VII.Dafadars and Chokidars. Sections 52, 53.)

52. The cost of maintenance of dafadars and chowkidars or any part thereof may be contributed by the State Government to the Anchal Panchayat Jund.

53. (1) Every chowkidar shall exercise the following powers ancl perform the following duties:

(i) he shall give immediate information to the officer in-charge of the police-station having jurisdiction over the area and to the Pradhan of the Anchal Panchayat, of every unnatural, susp1c1ous or sudden death which may occur, and of any offence specified in Schedule II which may be committed within the jurisdiction of the Anchal Pancliayat and he shall keep the officer-in-charge of the said police-station and the Pradhan informed of all disputes which are likely to lead to a riot or serious affray;

(ii) he may, without an order from a Magistrate and without a arrant, arrest

(a) any person who has been concerned in any cognizable offence or against whom a reason able complaint has been made, or credible in formation has been received, or a reasonable suspicion exists of his having been so con cerned; any person having in his possession without law . ful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking;

(d) any pe.I\'lon in whose possession anything is found which may reasonably be suspected to be stolen property, or who may reasonably be suspected of having committed an offence, with refer ence to such thing ;

(e) any person who obstructs a police officer while in the execution of his duty or who has escaped, or attempts to escape, from lawful custody; lf) any person reasonably suspected of being a deserter from the Indian Army, Navy or Air Force; and r ·f I 9

(b) Tie est Bengal Panchayat Act, 195g. 25 o 1957.] (Part I.--Chapter VII.Dafadars Section 53.) and Chowkidars.

(iii)

(iv) ot V of 98,

(g) any released convict committing a breach of any rule- made under sub-section (3) of section 565 of the Code of Criminal Procedure, 1898; he shall, to the best of his ability, prevent, and he may 1terpose for the purpose of preventing, the comm1ss1on of any offence specifed inSchedule II; he shall assist private persons in making such arrests as they may lawfully make, and he shall report such arrests without delay to the officer-in charge of the police-station having jurisdictionover the area; )

(ic)

(viii)

(vii) he shall report in such manner as may be directed by the District Magistrate, the births and deaths which have occur-red within the local limits of the jurisdiction of the Anchal Panchayot; he shall give immediate infonnation to the Gram Panchayat of the outbreak of any epidemic disease among men or cattle within the local limits of its jurisdiction; he shall supply any local information which the District or Subdivisional Magistrate or any police officer may require; he shall observe, and from time to time report to such officer-in-charge, the movements of all bad characters within the jurisdiction of the AnchalPanchayat;

(vi) he shall report to such officer-in-charge the arrival of suspicious characters in the neighbourhood; ()

(ai)

(cii) he shall obey the orders of the Anchal Panchayat in regard to keeping watch within its jurisdic tion and in regard to other matters connected with his duties; he shall give immediate information to the Anchal Panchaat of the commission of any offence under this Act or any rule made thereunder which has come to his knowledge and of any encroachment on, or obstruction to, any road or waterway within the local limits of the j/uri1Sdiction of the Anchal Panchayat, and of any damage to any property vested in the Anchal Panchaat or under its control; he shall assist any person duly authorised by the Anchal Panchayat to collect any rate, tax, tollor fee; Arrested person to be taken to police station. Archal Panchayat Fund.

26. The West Bengal Panchayat Act, 1958. [Wast Bon. Act (Part I.Capter VII.Dafadars and Chowkidars.

Section 54.Chapter VIII.Finance and Taation.Section 66.)

(xiii) he shall serve such processes as may be prescribed upon persons resident within his jurisdiction;and

(iv) he shall carry out such other duties as may be entrusted to him from time to time in acco-r<lance with this Act or any rule made thereunder.

(2) Every dafadar shall exercise all the powers conferred on a chowkdar under sub-section (J) and shall perform such duties as may be imposed upon him by rules made undersection 120. 54, Whenever a dafadar or chokida arrests any person under section 53, he shall forthwith take the person so arrested to the police-station having jurisdiction over the area in which the arrest is made:

Provided that if the arrest is made at night such person shall be so taken, as soon as convenient, on the followingmorn1ng.

CHAPTER VIII. FLANCE AND TAXATION.

55. (1) For every Anchal Panchayat, there shall be con stituted an Anchal Panchayat Fund and there shall be placed to the eredit thereof-

(a) any contribution made by the State Government for general or any special purpose; () any tax, toll, fee, rate or other imposition levied and collected under this .Act;

(d) any sum raised as loan or received as gifts or contributions; and income from endowments or trusts made in favour of the Anchal Panclwyat:

Provided that where an endowment or trust is made in ,;. favour of two or more Anchal Panchayats, the income from such endowments or trusts shall be apportioned between the Anclial Panchcvyats con cerned by the State Government, as far as practicable, in the manner indicated in the instrument creating such endowment or trust, flnd in the absence of any such indication in the instrument creating the endowment or trust, in such manner as the State Government may think fit; •I -i 'I l I; I i t I ¥ j ·l j l ~ I I The Fest Bengal Panchayat 4ct, 1956. 27 I or 1957.J Part 1.Chapter T7II.Finance and Ta.zation. Section -56.) 1e) all fines and penalties imposed under this Act or the rules made thereunder; and } all other sums re:eivel by or on behalf of the A+chal 11anr:hayat under this Act o:r othenvise.

(2) Every Anchal Panchayat shall set apart and apply annuaily out cf the Anchal Panchayat Fund-

(a) first, such sum as may be required to meet the cost of its own administration; ·

(b) secondly, such sum as may be required to meet the eost of administration of the Nyaya Panchayat conc·erne<l ·,

(c) thirdly, such sum us may be required to meet the east of maintenance of dafndars and chowlcidars;and fourthly, such sum as may be required to make allotments to the Gram Panchayat Funds under jt;,; im·iscl irtion to enahle the Gram. Panchayats concerned to carry out their duties nncl func-tious 11urler Ibis Act. such allotments heiug made after taki:1g into !'nnsiderntioni ) the amount available for distrilution, ii} the amouut raised as tax, toll, fee or rate from each of lite Gram Sabhas within its jurisdiction,and iii) the amounts required by the Gram Pachaats t•on1·(•l'Jl1•d nt·cordinrr tu the budget framed by I t, • t em for c·nrn·ino• on their 11uties nncl fuuct10ns• • t::, dung ay yea.

56. (1) For every Gram Panchayat there shall constituted a Gram Panchayat Fund to which shallcrechted-

(a) the sum or sums assigned to the fund under clause

(d) of sub-section (2) of section 55 ;

( b) any gifts or cnni:ributions received;

(d) be Gram be PanchayaJ Fund. 3

Provided that where an endowment or trust is rnar1e in farour of two or more Gram Panchayats wi}in, the jurisdiction of the ~nme Anclwl Panclrnyot, tlic i11r·o1nc, from such endcnnncnt or hnst shnlJ le apportioned between the (Gram Panchay;t; concerned by the Anclwl Panclwyat, as far as practicable, in the manner indicated in the ins trumet creating such endowment or trust, and Imposition of ta:x: by Anchal Panchayat. 28 TM ITet Beal Panebayat Act, 1956. [West Ren. Act iJnrt 1.-C/iapter F!ll.-Financ:e nnd Ta:-cation.- Section 57.) ir the absenc:e of nny such indication in the mstrument creating such endowment or trust, :iu sch manner as the nchal Panchayat may thinkfit:

Provided further that when an endowment or trust has been made iu favour of two or more C-J.·rnm Panchayats not within the jurisdiction of the same Anchal Pa,nchavat, the ineome from suc.:1. endowment or trust shall be a,pportioned between the Gram Panchayats concerned by the prescribed authority, as far as practicable, in the manner indicated in the instrument creating such endow ment or trust, and in the absence of any suci.: indication in the instrument creating such endowment or trust, in such manner as the prescribed authority may think fit;

(d) all sums received by or on behalf of the Gram Sabha or Gram Paclayat undor {his Act or otnerwis.

(2) It shall he the duty of erery Gram Panclayat to supply, subject to the approval of the prescribed authorit,, such funds as may be required by the Gram Sabha concerned, to meet the charges inrurred by the Gnam Sabha rn carrying out its duties under this Act.

57. (]) Subject to such rules and such maximum rates or scales as ma be prescribed by the State Go,;ernment in this hehalf, a Amnchal Panchayat-

(a) shall impose yearly a tax upon persons who are the o,n1ers or oeeupiers or owners and occupier:;; of lands or buildings or both within the local limits of the jurisdiction of the Anchal Panchayat according to the circumstances of •such persons within the limits of the Anrhal Panclwyat and according to tne vnlue of the property within such limits of the sa i<l persons;

(b) may impose a tax 011 professions, trades or callings.

(2) Subject to such rules and such maximum rates or scales as may be JJrescribed by the State Government, an 4nchal Panchaat may levy the following fees and 1·ates :- .l ! ~ J 1 7 f l 1 ·. : f f I processes in the Naya fees on the registration of vehicles; fees on plaints petitions ancl other suits and cases instituted before Panchayat concerned;

(a)

(b) I oi 1957.] {Part rPhe West Bengal Panchayat Act, 1956.

1.-G/iapter FlI !.-Finance and Ta.ation. 8ection.s 58-BO.) 29 water rae, where arrangement for tle supply of water is made by the Gram lanchayat within its juris<lic..:tiou; liohtino rate where arranoemet for liohtino f» o o pnblie Rtreets and places is made by the G-ram Panchayat within its jurisdiction;

(f) a consen-aucy rale, where arrangement for clearing private latrines, urinals and cess-pools is made by the Gmm Panchayat witl1in its jurisdiction. (.J) The State Government may, by notification, exempt any class of pruperties or classes of properties specified in the notification from the ta.xes, rates or fees leviable underthis section.

(4) Any person who, in the opinion of the Anchal Panchayat, is too poor to pay one anna a month, shall be altogether exempted from payment of any tux, rate or fee under this A.ct.

(e) a

(d) a 58•. > The accounts of every Anclzal Pancha.yat and every GMm 1 anclwvat shall be audited annually or at shorter intena1s, by sul'h agency and in such manner as may beprescribed.

59. (I) Ersery Gram Panchayat shall, at such time and in such manner as may be prescribed, prepare in each year a budget of 1ts estimated receipts and disbursements for the followmg year nnd after the Gram Sabha has considered it, as provided in section 9 submit it with such modification, if ay, as itmay consider necessary to make, to the prescribed autlwnty for sanction through the Anchal Panchayat concerned, and the A.nclwl Panchayat shall forward the same to. the prescribed authority with such observations as it may tlnnk fit to make, and thereupon the presci-ibed author1t_y shall pass the budget with such modifications, if any, as 1t may think fit to make, and the Gram. Panchayat shall abide by the budget as passed by the prescribed authority.

(2) ':L1he Gram. Panchayat may prepare in each year a supplementary estimate providing for any modificati_on of its budget and may submit it to the prescribed athorty for sanction in the manner indicated in the foregoing sub-sect1o. Audit of accounts of Anchal Panchayat and Gram Panch.ayat. Budget of Gram Panchayat.

60. (1) Every ilnclwl Panchayat shall, at such time and in sucl form as may be prescribed, prepare in each year . a budget showing its estimated receipts and disbursements for the following year and may, from time to time, prepare a supplementary estimate providing for any mod1feation thereof and slit it to the prescribed authority.

(2) 'l'he preRr.riher1 authority shall pass the budget with such rnod.ification, if any, as it may think fit to make, and the Anchal Pancha.yat sl1all abide by the budget so passed. Budget of Anahal. Panchayat. Vesting of publio pro porties in Cram Panchayat. 30 The West Ben@lPanchayat Act, 1956. [West Ben. Act (Part I.Chapter LI.Property of Gram Panchayat.

Section 61.) OIIAPTEI IX. PROPERTY OF Gram Panchayai.

61. (1) All property within the local limits of the jurisdiction of a Gram Panchayat of the nature hereinafter in this section specified, other than property maintained by the Central or the State Government 01· a local authority or any other Gram Panchaat, shall vest in and belong to the Gram Panchayat, and shall, with all other property of whatsoever nature or kind which may become vested in the Gram Panclayat, be under its direction, management and control, that is to say

(a) all public streets, including the soil, stones and other materials thereof and all drains, bridges, culverts, trees, erections, materials, implenuents and other things provided for such streets ; () all public channels, water courses, spriugs, tanks, ghats, reservoirs, cisterns, wells, aqueducts, conduits, tunnels, pipes, pumps and other water works, whether made, laid or erected at the cost of the Gram Panchayat or otherwise, and all bridges, buildings, engines, works, materials and things connected therewith, or appertaining· thereto and also any adjacent land (not being private property) appertaining to any public tank:

Provided that water pipes and any water-works con nected therewith or appertaining thereto which with the consent of the Gram Panchayat are laid or set up in any street by the owners of any mill, factory, dockyard, workshop or the like primarily for the use of their employees shall not be deemed to be public water-works by reason of their use by the public;

(c) all public sewers and drains, and all works, materials and things appertaining thereto and other con servancy works :

Provided that for the purpose 0£ enlarging, deepening or otherwise repairing or maintaining any such sewer or drain the sub-soil appertaining thereto shall also be deemed to vest in the Gram Panchayat:

Provided also that where any installation or work for the treatment or disposal of sewage is construct ed by the owners of any mill, factory, dockyard, workshop or the like primarily for the use of their umployees, the laying of sewers and other things appertaining thereto in a street, with the The West Bengal Panchaya.t Act, 1956. U o! 1957.] (Part I.-Chapter II.Property of Gram Panchayat. Sections 62, 63.) 31 consent of the Gram Panchayat. shall not by virtue of this clause or by reason of their use by the public cause such installation or sewers or works appertaining thereto to vest in the Gramlanchayat; d) all sewage, rubbish and ofrensive matter deposited on streets or collected by the Gram Panchayat from streets, latrines, urinals, sewers, cesspools and other places; e) all public lamps, lamp-posts and apparatus connect ed therewith or appertaining thereto; and (/) all buildings erected by the Gram Panchayat and all lands and buildings or other property trans ferred to the Gram Panchayat by the Central or the State Government or acquired by gift, pur ~ha1<e or otherwise for local public purposes.

(2) The State Government. may, by notification, exclude any street, bridge, sewer or drain from the operation of this Act or of any specifed section of this Act:

Provided that, if tho cost of the construction of the work shall have been paid from the Gram Parchayat Fund, suc work shall not be excluded from the operation of this Act or any specified section of this Act except after consideration of the views of the GrOJm Panclzayat at a meeting. ·

62. The State Government may allocate to a GramFanchayat, any public property situated within its local Jur1sdetion, and thereupon sucl property shall vest in and come under the control of the Gram Parchayat.

63. (1) here a Gram Panchaat requires land to carry out any of the purposes of this Act, it may n_egofaate w1th the person or persons haring interest in the sand land, and if it foils to reach an agreement, it may make a.n appli cation to tbe District Magistrate for the acquisition of the land, who may, if he is satisfied that the hind is required for a puhlic purpose, take steps to acquire the land. Allocation of proper ties to Gram Panchayat. Acquisition of land for Gram Panchayat.

(2) Such land nlinll, on acquisition and compensation awarded in accordance with which the acquisition was made, vest Panchayat. on payment of the law under 1 the Gram

Explanation.'Land'' includes immovable property of anv kind and benefits which arise out of land and things attached to the earth or permanently fnstened to anythingattached to the earth.

(iii) ,· :'.1-J -.·:····'.•··..» ; 'I ·' (Part !.-Chapter X.-Control.-Section 64.)

CHAPTER X. [West Ben. Act CONTROL.

64. (1) The prescribed authority may at any time-

(a) inspec.:t or ea use to be inspected any immovable propert,v used or occupied by an Ancha'(, Panchayat 01 a Gram Panclaat or any work in progress under t.he direction of the Gram Panchayat, Anclzal Pa.nchayat or a Joint Committee;

(b) inspect or examine or depute any officer of Gover:g. ment to inspect or examine any department of an Anchal Panchayat or a Gram Panchayat office or any service, work or thing under the control of the Gram Panchayat, Anchal Panchaayat or the Joint Committee;

(i) to produce any book, record, correspondence, plan or other <locument,

(ii) to furnish any return, plan, estimate, statement, nc:eounts or statistics, or i i) to furnish or obtain any report;

(d) record in writing for the l'Ollsidc-•rn t ion of the Gram Panchayat, Anchal Panchayat or the ,Joint Committee, as the case nrny he, 'nnv observation it may consider to be proper in regard to the proceedings or duties of such G,·am Panchayat, Anclwl Panchayat or the Joint Committee;

(e) suspend or cancel any resolution passed, order issued ur license or permission granted hy an Awchl l'anhaat or a Gram lanchayat, or prohibit the dons of any act which is about to be• 0 ·- done ur is being done h nan An»cha] Panchyat or a GN1m /Janch.n:,;at or by any person with the authority of the 0mm f>nncha:1Jat or Anchal Panclwyat, if in its opinion such resolution, order, license, permission or act,-

(i) bas not been lawfully passed, issued, granted, given or authorised, or

(ii) is in excess of the powers couf erred by th is Act or any other law or is an abuse of such powers, or is considered by the prescribecl authority as likely to lead to a breach of the peace or to cause injury or annoyanee to the public or to any class or body o:f persons. 32 The West Bengal Panchayat Act, 19-56. Supervi sin and appeal. The West Bengal Panohayat Act, 1956. I Di 1957.] (Part 1.-Chapte·r ..I .-Cont?-ol.-Section 65.) 33 2) An officer deputed under clause (b) of sub-section ( I) shall exercise the powers conferred by clauses (c) and

(rl) of that sub-sertion.

(3) When a requisition is made under clause ({) of sul-section (I) tle Gram Panchayat, Anchal Panchaayat or the omnt Comttee, as the ease may be, shall comply with such requisition. . (4!) The prescribed authority shall, before ta51ng any action under clause (e) of sub-section (1), give an opportunity for an explanation to the Gram Panchayat, Anchal Panchayat or the Joint Committee concerned, as the case may be.

(5) A Gram Panchaat or an Anchal Panchayat aggrieved by any order mo de by the prescribed authority under clause

(e) of sub-section (1), may, within thirty days from the date of the order, appeal to the Commissioner of the Division with in the local limits of whose jurisdiction the Gra11i Panchayat or the Anchal Panchayat, as the case may be, is situate, and thereupon the Commissioner of the Division may stay the operation of the order of the prescribed authority till the disposal of the appeal nnd he may, after giving notice of the appeal to the prescribed authority and after giving a hearing to the appellant, modify, set aside or confirm the order of the prescribed authority. The order passed by the Commis sioner of the Division on such appeal shall be finnl.

65. (1) The prescribed authority may, notwitlstand mg anythmg cotamed m sub-section (2) of sect1on 12, seetio I4 and sub-section (2) of section 27, by order in wrtmg, remove mwth efleet from a date to be specified m the order any Adhyaksha or Upadhyaksha or any Pradhan or _Upa-/ 1 -rrl(lha-n. from his office if, in'its opinion, he wilfully om1ts or refuses to carry out the provisions of this Act or of any rules or orders made thereuu<le1· or abuses the powers vested in him under this .Act.

(2) The prescribed authority shall when it proposes to take actiou under sub-section (1), give to the person concerned an opportumty of showing cause aoainst the act1on proposed to be taken against him; and the o~·der shall contain a state ment of the reasons for the action taken.

(3) Any person against whom action has been taken under sub-section (.l), 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 Panchagyat or the Anchal Panchayat, as the case may be, is situate, and thereupon the Con1111js,sioner of the Division may stay the operation of the order till the disposal of the appeal and he may, after giving notice of the appeal to the prescrbed 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 Division on such appeal shall be final. Power to remove Adhyaksha, Upadhya biha, etc. and appeal,

(b) .. -Si

67. If the State Government is satisfied on the report of the prescribed authority that an Anchal Pa.nchayat or a Gram Panchayat Is no! competent to perform, or is persis tently making default mn performing, the duties imposed on it by or under any la, or 1s exceeding or abusing ts powers, it may, by not1fcaton, direct

(a) that the Gram Panchayat or the Anclwl Panchayat, as the case may be, be reconstituted with effect from a specified date; or

(b) that the Gram Panchaat or the Anclal Panchayat, as the case may be, be superseded for a specifed :peno<l, not e:s:ceedrng one yeur. The 1-Vest Bengal Panchayat Act, 1956. [West Ben. Act (J->art I .-Chapter X.-Co-ntro l.-Sect·io11:; 66-(}8.) 66 (l) If at any time it appears to the prescribed authority that an Anchal Panchayai or a Gram Panchayat has made default m perforDllng any duty imposed on_1t by or under this or any other Act or any rule, regulation or bye-law framed thereunder it may, by an order in writing, fix a time for tle performance of that <l uty.

(2) If such cluty is not performed within the period so fixed, the prescribed. nutbority may appoint a person to per form it. and may direct that the expense of performinr 1t shall be paid, within such time as it may fix, to the said person from the Anchal Panchayat Rund or the Grmn J>anchayat Fund, as the case may be.

68. (1) When a Gram Panchaat or an Anchal Panchayat, as the casemay be, is directed to be reconstituted as aforesaid the prescribed authority, shall- ·

(a) in the case of a Gram Panchayat take immediate steps to bold a fresh election of members in the manner prescribed; and as soon as the election of mern bcrs is notified as laid down in section 16 the prescribed authority slall declare the Gram Panchayat to be duly reconstituted and the former members of the ram Panchaayat unless they arc re-elected shall vacate their offices; in the case of an mnchl Panchayat immediately rall upou the Grnm. l.,.anchoynts eoneerucd to hold fresh . elections in the manner prescribed lo reconstitute the A.nchn.l f1ancliaynt; nnd when the election is notified as laid dowu in sub section (2) of section 26, the prescribed authority shall declare the Anchal Panclayat to be duly reconsfatuterl and the former members of the flnchal Panchayat unless they are re-elected hall vacate their offices. Power to reconstitute or supersede Pancha yata. Powers to the pres cribed authority in case of defat;t_It. Conse quences of reconstitu tion and auperaes aion. The Wes Bengal Panchayat Act, 1956. 35 1 of 1957.] (Pm·t 1.-Cliapter X.--Control.-Section 69.-Part II. Chapte1· .Xl.-Nyaya Panchayats.-Section 70.)

(2) When a Gran Panchayat or an Anchal Panchayat, as the case may be, is superseded, the following consequencesshall ensue-

(a) all members of the Gram Prmcliavat or the Anchal Panchayat, as the case may be, shall, as from the date of the order, vacate their offices; th) all powers, duties and functions of the Gram Panchnyrzt or the Anclwl Panclwyat, as the case may be, shall, during the period of supersession, be exercised and performed by such authority, person or persons au<l in such manner as the prescribed authority may direct; and

(c) all property vested in the Gram Panchayat or the 4nchal Panchayat, as the case may. be, sha 11 during that period, vest in such authority, person or per-sons and under such conditions as the prescribed authority may direct.

(3) On the expiration of the period of supcrsession Apecificct in the notification, the State Government may-

(i) extend the period of supersession for such further term, not ex reeding one year, as 1 t may consider De'ear;; OT

(ii) reconstitute the Gram Panchayat or the Anchal Panchayat, as the case may he. by fresh elections rn the manner prescribed, anl the persons, who vacated their offices under clause (a) of sub-section

(2), shall not be deemed to he disqualified for election.

689. The State Gorernment may appoint such officers as 1t; may consider necessary for the purpose of 1nspectarg or supermtendg the operations of all or any of the Panchaaats constitute] under thin Aot.

PART 11.

CHAPTER XI. yaya Panchayats.

70. (1) Every Anchal I'anchayat established under this Act shall, if authorised b the State Government by notification to do so, constitute a ayaya Panchayat, consist ing of :five members, to be called charaks, elected by it from amongst the members of the Gram Sabhas within its jurisdiction, according to prescribed rules and approved by the prescribed authority, for the trial of

(rz) the offences specified in Schedule III or a 0a8e transferred to the Nyaya Panchayrzt under sub-section (.2) of section 7'1, and Appoint ment of in specting officers of Pancha yate. Conutitu tion of Ngaya Pancha yats. 36 The West Bengal Panchayat .tlct, 1956. [West Ben. Act Part ll.-C:hapter Xl.-Nyayn Pnnc.:bnynb,. Section 70.) . ,_oJ a11 or any or tile ciasses of civil suits specified 1 section 80:

Provided that no member of a Gram Sabha shall be elected to be a member of a Payaaa Panchayat if he has any of the <lisqualifications mentioned in section 15 :

Provided further that where the number of the Gram Sabhas comprised in an Anchal Panchayat is five or more, not more than one Vi'.clwral.:. shall be elected from each Grmn Snbha; but ,vhere the number of the Gram Salas comprised in an Anchal Pa11chayat is less than five, at least one Vicharak shall be elected from each 0mm Sabha and the deficiency in the membership of the yaya Panchayat shall be filled up by election from such Gram Sabha or Gram Sabhas as the .tlnchal Panclwyat may determine. 3

(2) When a person who is a. member of an Anclwl Panchayat or a Gram Panchayat is elected to a Vgyaya Panchayat under sub-section (1), lie shn.11 cease to be a member of the Anchal Panchayat or the Gram Pnnchayat conc-erned, with effect- from the date on whic.:h the Nyaya Panchayat is notifie.I under sub-section (3), and the vacancy caused thereby shu 'l be filled in the manner laid down in section 21 or section 28. as the case may be.

(3) Erery yaa Panchayat constituted under subsection (1) shall be notified in the O.(/ir·ial (irrzette, or in such ot]rnr manner as may be prescribed, and shall come into ofce with effect from the date specifed in tlie snicl notification.

(4) Every Wyaa Panchaat shall elect at such time and in sucb manner as may he prescribrcl one of its members to he called Plhan TVicharak to preside over its sittings and in the absence of the Pradhan Vielaak, the Vielaraks present at the sitting of the N:1;aya Pam,chavat shall elect one of them to be the Pradhan Vcharak for the purpose of that sitting.

(5) The tern of office of a member of a Bayaya Panchaayat shall he four years from the date of tle notification mentioned in sub-section (3):

Provided that members of a Nya)a Panchaayat shall contmue l!l office nni:J} the election of the members of the ayaaya Panchauat by the newly constituted Anchal Panchayat after a general election. · '

(6) No suit, case or other proceeding pending before a Nyayn. Panchayat shall be tried b;v such Nya;,;a Panchayat unless a majority of the members of the Nyaya Panchayat is present cluring such trial. P!ie West Bengal Panchayat Act, 1958. 37 I of 1957.] (Pm·t ll.-Chapte1· ""Yl.-Nyaya Panchayats.-Section 71.)

(7) The Secretary to the Anchal Panchayat shall act as the Secretary to the Nyaya Panchayat for the purpose of keeping- the records of its proceedings and decisions, and doing such other duties as may be prescribed.

71. (1) Notwithstanding anythino contained in the Criminal Code of Criminal Procedure, 1898,a Nyaya Panchayat jurisdiotion. constituted under section 70 shall have jurisdiction, ·within the local limits of the A.nchal Pancha•yat constituting- such Nyaya Panchayat to try all offences specified in Schedule III, Part A; and, ith effect from the date speeifiecl in the notification referred to in sub-section (3) of section 70, no other com·t shall, except as otherwise provided in this A.ct, take cognizance of any case triable by a NyayaPa,nchayat:

Provided that nothing in this Act shall take away the jurisdiction of any court to try a case which a Nya:ya Panchayat is prohibited by section 97 from tryiug- or which should be, .iu the opinion of the 1Vyaya Panchrzyat or of the District Magistrate or the Subdivisional Magistrate exercns ing the power conferred br sub-section (1) of section 98, tnedin an ordinary court.

(2) A yaya Panchayat may try any offence speci:fie_,1 iu Schedule III, Part B, if the case is trnnsferred to it by a District Magistrate Subdivisional Magistrate or any other l\:fag-istrnte empower:d to recei,-e petitions under sec tion 190 of the Corle of Criminal Procedure, 1898:

Provided as follows: (@) a Magistrate before whom a complaint of an offeuce mentioned in S'Chedule III, Part A, cognizable by a Nynya Panchayat is made shall transfer the complaint to the Nyaya Panclwyat whic.:b is com p2te11t to try the offence;

(b) the District Magistrate or Sblivisiol Magistrate may transfer any case from one yaya Panchayat to another or to an other court sbordmte to him if in the inter.st of justice he considers 1t necessary to do so;

(c) the District Magistrate or Subc1iv-isionn I Magistrate ' ma, with the consent of the parties, transfer any case cognizable by a yaya Panchayat, _1f the place of residence of the complainant 1s situated within the limits of an Achal Pancnayat for which there is n: yaya Panchaat to any yaaa Panchayat situated at distance from such place of residence convenient, rn th~ opm1on of the Magistrate, for the parties nu<l w1tnesses.

(3) Every offence triable by a Nyaya Panchayr:-t . shall ordinarily be tried by the Nyaya Panchav_nt w1th111 the local limits of whose j:urisdiction it was comm1tted. Jt V of

98. How casa may be instituted. 38 The Wext Bengl Panchaat Act, 1956. [West Ben. Act (Part II.Chapter XI.--Nyaya Panchayats.-Section 72.)

(4) The offence of theft triable by a Nyaya Panchayat or any offence· which includes theft or the possession of stolen property, triable by a Nyaya Panchayat, may be tried by the 1Vyaya Panchayat within the local limits of whose jurisdiction such offence was committed or the property stolen was possessed by the thief or by any person who received or retained the -same knowing or having reason to believe it to be stolen. () An offence triable by a ya@ya Panchayat, com mitted whilst the offender is in the course of performing a journey may be tried by the Nayaya Panchayat through or into the local limits of whose jurisdiction the offender, or the person against whom, or the thing in respect of which, the offence as committed, passed in the course of that journey.

(6) When it is uncertain in which of several areas an -o.:ffence w-as committed or where an offence is committed partly in one local are'a and partly in another, or where an offence is a continuing one and continues to be committed in more local areas than one, or where it consists of several acts done in different local areas, it may be tried by a. yaya Panchayat haviug jurisdiction over any such local areas.

(7) (a) 1Vhenever a question arises as to which of two or more yaya Panchayats subordinate to the same Sub divisional .Magistrate ought to try any offence, it shall be · deeded by the Subdivisional Magistrate.

(b) Whenever a question arises as to which of two or more Nyaya I'ancha1;ats not subordinate to the same Sub divisional Magistrate, but subordinate to the same District Magistrate, ought to try any offence, it shall be decided by the District Magistrate.

(c) Where two or more Nyaya I'anchayats no! subordinate to the same District Magistrate have taken cognizance of the same offence, the Di-strict Magistrate within the local limits of whose jurisdiction the proceedings were first commenced may direct the trial of such offender. to be held 1n any Wyaya Panchayat subordinate to him and 1f he so decides all other proceedings against such person in respect of such offence shall be discontinued.

72. A case before a Vyaya Panclaat may be instituted by petition made orally or in writing to the Secretary of the Anchal· Pancha,yat or in his absence to a member of the yaya Panchayat. If the petition is made orally, the Secretary or the member, as the case may be, shall draw up a statement recording the name of the petitioner, the name of the person against whom the petition is made, the nature of the offence and such other particulars, if any, as may be prescribed, and the signature or the thumb impression of the petitioner shall be taken thereon. The 'l'he West Bengal Panchayat Act, 956. 39 I ot 1957.] (Part If.-Chapter Xl.-Nyaya Panchayats.- Sections 7376.) Secretary or the member, as the case may be, shall, there after direct the petitioner to appear before the Nyaya Panchayat on a particular date.

73. (1) If upon the face of the petition, or on ing the petitioner, the Nyaya Panchayat is of that the petition 1s frvolous, vexatious or untrue dismiss the case by an order in writing. • 2) I at any time it appears to the yaya Panchaat

(a) that it has no jurisdiction to try the case; or ( b) that the offence is one for which the sentence which it is competent to pass would be inadequate; or

(c) that the case is one which should not be tried byit, it shall direct the petitioner by an order in writing to the court which would have had jurisdiction to try the offence but for the provisions of this Ad. Power to dismiss or refuse to entf;,rta.in petition. exam111-. opinion it shall

74. I in any case before a Nyaya Panchayat, the petitioner fails to appear on the <lay :fi.xe<l, or if iu the opinion of the yaya Panchayat he shows negligence in prosecuting his case, the Nyaa Panchaayat may dismiss the case for defuult, nncl such order of dismissal shall operate as an acquittal.

75. (1) If the petition be not tlismissecl, the yaya Panchayat shall, subject to the provisions of section 102, by summons require the aceused to appear and answer thepetition.

(2) IF the accused fails to appear or cannot be found, the ~ 1 yaya Panchayat shall report the fact to the nearest Magistrate, ,vho would have had jurisdiction to try the offence but for the provisions of this et, who may issue a warrant for the arrest of the accused and when arrested may forward him for trial to the Naya Panchayat or release him on bailto appear before it.

(3) The yaya Panchayat shall, if possible, try the case on. the clay on which the accused appears or is brought before it, but if that is not possible, the l\lyaya Panchayai shall release him on his executing- a bond for a sum not exceeding tenty-fve rupees to appear before it on any suhsrquent cfoy or days to which !:he tnnl may be ucljourned:

Provided that if the accused fails or refuses to execute a bond, the Nya.ya Pmzchayat shall, instead of releasing· him,. send him back under custody to the Magistrate by whom such accused wns arrested and thereupon such Magistrate shall, Dismissal for default.. Proceedings preliminary to trial. 40 The West Bengal Panchayat Act, 1956. [West Ben. Act (Part 11.-G'hapter Xl.-Nyaya Panchayats.- Sections 76-78.) notwithstanding anything contained in sub-section (1) of section 71 take cognizance of the complaint made before the Pyaya Panchayat and shall try such accused person in the same manner and under the same procedure as if the com plaint were made before him. Compound- 76. Notwithstanding anytfong- contained in the Code of Act V c 1,$$ ° Criminal Procedure, 1898, the Nag Panchaat may an 188•0 encea. the parties to compound any offence triable by it. Bar to appeal. 77. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, there shall be no appeal by a convicted person in any case tried by a Nyaya Panchayat:

Provided that the District Magistrate or Subdivisional Magistrate within the local limits of whose jurisdiction the Nyaya Panchayat is situate, i£ satis:fied that failure of justice has occurred, may, of his own motion, or on the application of any of the parties concerned, made within thirty <lays from the elate of the order of the yaya Panchayat, cancel or modify any order of conviction or of compensation made by a yaya Panchayat or direct the retrial of an case by a court of competent jurisdiction subordinate to him, not withstanding anything contained in sub-section (1) of section 71.

78. (1) A yaya Panchaat shall, after hearing' the parties and after considering the evidence adduced by the parties, record its decision in writing, and may sentence any offender convicted by it to pay a fine not exceeding fiftyrupees:

Provided that if the members of the yaya Panchayat present during the trial of a case. fail to come to a unanimous decision, the decision of the majority of such members shall be the decision of the Nyaya Panchayat: P'riled further that in the case of equality of votes of the members of a iY.yaya Panchaya·t present during the trial of a case, the Pradhan Volarak, or the person who is elected a.s Pradhan Vicharak for that sitting, shall have a second or casting vote ancl the cl ecision of the yaya Panchaat shall be in accordance with such second or casting vote.

(2) No sentence of imprisonment, simple or rigorous, whether substantive or in default of payment of fine shall be inflicted by any yya Panchaat.

(3) When a ya@a Panchaat imposes a Rne under sub section (1), it may, when passing the order, c1ircct thnt i:he w1101e or aJJy part of the fine recovere<1 shaJI be applied in j payment of compensation for any loss or injury cased bythe offence. · · Power to impose fine or to awardoom pensetion. T h e est B e n g a l Panchayat A c t , 1 9 5 6 . 41

1860. of 1957,] (flart 11.-C/iapter _\"l.-Nyaya Panchayats. Section 79.) () If a yaya Panchayat is satisfied that a complaint made before t or transferred to it for trial is false ve:s:atious or frivolous, it may order the complainant to pay to the accused, such compensat1on not exceedino twenty-fverupees, as it thinks fit. s () If such fine or compensation is not paid or realised wthm th1rt days of the passing of tle sentence or order or wthm such further time as the Pyaya Panchayat may allow, the JVyaiJa l'anchayat shall recorcl an order declaring the mount of fine imposed or compensation awarded and that it hns not hecn paicl, nn<l shall forward th-e same to the nearest Magistrale, ho would have hacl jurisdiction to try the case but for the provisions of this Act, who sball-

(a) proceed to execute the order as if it were an orde~ pa.=-se<l hy himself. or

(b) in default of_ payment, sentence the accused to imprisonment in accordance with Chapter III of the Indian Penal Code, notwithstanding anything contained lll snb-section (2.) of this section : the person serving his term of imprisonmeut shall be forthwith released, if the fine or compensation is paid before the expiry of the term of imprison met. ·

Provided that, notwithstanding antling contained in the Inclinu Penni Code-

(a) the fine imposed or compensation awarded by a Pyaya Panchayat shall not be realised from any person who has served his term of imprisonment;

(h) I i. V of l98.

79. When any person is convicted by a iVya;i;a I'anchayat and no previous conviction is proved against him, if it appears to tl10 said Nyaya Panoha.yat that regard being had to the aO'e, character ancl antecedents of the offender and to the circumstances in hich the offence was committed, it is expedient- (a.) that the offender should be released after due admonition, the 2yaya Panchayat may, instcnc.l of sentencing him to any punishment, release him after due admonition; or that the oflender should be released on probation of good conduct, the Nyaya Panchayat may, notwitbstanding anything contained in the Code of Criminal Procedure, 1898, instead of sentenc ing him at once to any punishment, direct that he be released on his e:s:ecuting a bond for a sum not exceeding :fifty rupees to appear and receive Release after ad monition or on proba tion of good con duct. I . I 42 The West Bengal Panchayat Act, 1956. [West Ben. Act (Part 11.-0hapter XI.-Nya,ya Panchayats.- Sect-ions 80, 81.J sentence when called upon during such period (not exceeding one year) as it may direct, and in the meantime to keep the peace and be of good behaviour. Oivi jaria.- 80. (1) Notwithstanding anything contained in ne diction. Bengal, Agra and Assam .Civil Courts Act, 1887, the Provincial Small Cause Courts Act, 1887, · and the Code f Civil Procedure, l!JUS, and subject to the provisions of sections 81 and 82, a.2yaya Panchayat shall have, within the local limits of the Anchal Panchayat constituting such Nyaya Panchayat, jurisdiction to try the following classes of suits when the value of -the suit <loes not exceed one hundred rupees, namely:

(a) suits for money due on contracts;

(b) suits for the recovery of movable property or the · value of such property;

(cl) suits fo damages by cattle-trespass.

(2) No other court shall hae jurisdiction to tu any suit of the classes mentioned 1n sub-section (1):

Provided that nothino in this Act shall take away the [ jurisdiction of any court to try a suit which a Araya ] Panchayat is prohibited by section 97 from trying or wh1ch { should be, iu the opinion of the yaya Panchayat or of the . District Judge exercising the power conferred by sub- ] section (2) of section 98, tried by an ordinary court. XII ol

1887. IX of

1887. ActVo

1908. Suits nob to be tried. 3)

(5)

(6) No suit shall lie in any Vyaya Panchayat on a balance of partnership accornt; for a share or part of a share under an intestacy, or for a legacy or part of legacy under a will; by or against the Union of India or a State Govern ment or a local authority or public officers for acts done in their official capacity; by or against minors or persons of unsound mind or when any such person is in the opinion of the yaya Panchaat a necessary party; for the assessment, enhancement, reduction, abate ment, apportionment or recovery of rent of immovable property; or by a mortgagee of immovable property for the enforcement of the mortgage by foreclosure or sale of the property or otherwise, or hy a mort gagor of immovable property for the redemption of the mortgage. j 1 3 ·I 'd

(4)

81.

(1)

(2) Tl'he West Bengal Panchayat Act, 1956. 43 o of 1957.] CPm·t 11.-Chapter Xl.-Nyaya Panch.ayats. Sections 82-85.) 82:._ (1) Every suit instituted before n -1\lyaya Panchayat _Suits to shall mdude the whole of the claim which the plaintiff is .mcl~de entitled to make in respect of the matter in dispute, but he "}?% ma,r relrnq msh any portion of h1s claim in order to brino the su_it within the jurisdiction of the !yaa Pancha@at, "

(2) 1R the plaintiff omits to sue in respect of or relin quishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or r-elinquished.

83. No suit shall lie in a yaga Panchayat unless at Local least one of the defendants rsides within the limits o its "%"$,%{$ jurisdiction at the time of the institution of the suit, and the Jun.a O ion. cause of action has arisen wholly or in part within thoselimits.

84. (1) A suit . before a Nyaya Panchayat may be instituted by petition made orally or in writing to the Secretary of the dnchal Panchayat or in his absence to a member of the i\Tyaya Pa.ncha.yat. If the petition is made orn11y the Secretary or the member, as the case may be, shall draw up a statement recording the name of the petitioner, tle name of the person against whom the petition is made, the nature of the cfaim and such other particulars, jf any, as may be prescribed; and the signature .en· the tJ1umb impression of the petitioner shaII be taken thereon. The Secretary or the member, as the case may be, shall thereafter direct the petitioner to a.ppear before the Pyaaya Panchaayat on a particular date.

(2) The plaintiff on instituting his suit shall state thevalue of the claim. How suit may be instituted. ·Dismissal of suits bnrrod by Iimi tation, etc.

85. (1) I£ at any time the lVyaya Panchaya.t is of opinion that the suit is barred by limitation it shall dismiss the suit by an order in writing.

(2) If at any time it appears to the yaya Panchayat that it has no jurisdiction to entertain the suit, it shall direct the petitioner to the court which would have had juris :diction to try the suit but for the provisions of this Act. 3) Vere it is proved to the satisfaction of the i\!yaya Ranchat that a sit has been adjusted wholly or in part by an;v Jmdnl agreement or compromise or where the defendant satisfles the plaintiff in respec.t of the whole or any part of the subject matter of the suit, the _yaaya Panchayat shall pass a decree in accordance thoreuth so far as 1t relates tothe suit:

Provided that where the a)aaya Panchaayat refuses to pass a decree in aeeordanco with the agreement or compronuse, it -shnII record its reasons in writiJlt'' for so doing. 4 44 T h e est B e nga l Pnchayat A c t , 1 9 5 3 . Dismissal of suits for default. [West Ben. Act (Part II.-Chapter XI.-Nyaya Panchayats. (Sections 86-90.)

86. I in any suit before a Nyaya Panchayat the plaintiff fails to appear on the day fixed, or if in the opinion of the Panchayat, he shows negligence in prosecuting his suit, it may dismiss the suit for default:

Provided that a N•yaya Panchayat may restore a suit dismissed for default, if within thirty days from the date of such dismissal the plaintiff satisfies the Nyaa Panchayat that he was prevented by sufficient cause from appearing at the time when the suit was called on for hearing. Summons to defon dant to appea.r. a; qarte decision.

87. I on recervmg the plaint the ya3ya Panchaat is satisfied that the trial of the suit may be proceeded with, it shall, by summons require the defendant to appear and answer the suit either orally or in writing.

88. If the defendant fails to appear, and the yaya Panchayat is satisfied that the summons was duly served it may decide the suii e parte:

Provided that any defendant against whom a suit has been decided ec parte may, within thirty days from. the elate of executing any process for enforcement of the decision, apply, orally or in writing, to the yaa Panchayat to set aside the order; and the Nyaya Panchayat, if satisfied that the summons was not duly served on the defendant, or that the defendant was prevented from appearing at the time when the suit was called on for hearing by any sufficient cause, shall set aside the decision and shall appoint a day for proceeding with the suit. 89, No decision or order of a Nyaya Panchayat shall be set aside under the proviso to section 86 or under the proviso to section 88 unless notice in writing has been served by the yaya Pamclayat, on the opposite party.

90. (1) Subject to the provisions of clauses (3) and (4) of section 81, the ya@ya Panchaat shall add as parties to o suit any person whose presence as parties it considers neces say for a proper decision thereof, and shall enter the names of such parties in the register of snits, and the suit shall be tried as between the parties whose names are entered in the·said register :

Provided that when any party is added, notice shall be given to him and he shall be gven an opportunity appearing before the trial of the Blllt 1s proceeded with.

(2) 'I al] cases where a new party appears under the proviso to sub-section (1) during the trial of a suit, he may require that the trial shall begin de novo. No order to be set aside with out notice to opposite party. Poer to determine parties. The est Bengal Panchayat Act, 1956. 45 lof 1957.] (Part II.Chapter XI.Nyaya Panchayats. Sections 91-93.)

91. (1) vVhen the parties or their agents have been Decision of heard and the evidence. on both sides considered, the Nyaya ;nt.it&. Panclayat shall, by written order, pass such decree as may seem just, equatable and accordng to good conscience stat,ino in the decree the amounts of prescribed fees and the ~mount° if any paid to witnesses under sub-section (3) of section 101, and the persons by whom such amounts are payable:

Provided that if the members of the l\Tyaya 'Panchayat present during the trial of a suit fail to come to a unanimous decision, the decision of the majority of such members shall he the decision of the 1Vyaya J?anchaya.t:

Provided further that in the case of equality of votes of the members of a i\Tyaya: Panchayat present during the trial of a suit, the P.raclhan Tlicha1•alc, or the per-son who is elected as Pradhan Vicharak for that sitting, shall have a second or casting- vote and the decision of the yaya Panchayat shall be in accordance with such second or casting vote.

(2) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the yaya Pachayat, and the ya@ya Panchavat sludl Jrn.ve full power to determine by whom and to what extent such costs are to be paid, and to g1va all necessary directions for the purposes aforesaid :

Provided that where the [ya@ya Panchaat directs that the successful party shall not get the costs of the suit, it shall state its reasons in writing.

(3) If a l\Tyaya Panchayat is satisfied that a suit instituted before it is false, vexatious or frivolous, it may direct the plaintiff, by an order in writing, to pay to the defendant such compensation, not exceeding twenty-five rupees, as it may think :fit.

92. A gyaya Panchayat in ordering the payment of a sum of money or the delivery of any movable property may direct that the money be paid, or the movable property be delivered, by instalments.

93. The decision of a Nyaa Panchayat in every suit shall be final as between the parties to the suit:

Provided that; the Musif ho would have had jurisdic tion to ty the sit but for the provisions of this Act, may, on the application of any party to the suit made wathm thirty days of the decree or order of the l\iyay(J) Panchayat cancel or modify the decree or order of theya Pachaayat or direct a retrial of the suit by the same or any other Ny°1}a. Panchayat if he is satisfied that there has been a failure of justice. Instal monts. Decision to be final; but power to 1\1."unaif to order re, trial. 46 TMe West Ben-gal Panchayat Act, 1956. [West Ben. Act (Part 11.-Chapter Xl.-Nyaya Panchayats. Sections 94-98.) Death o£ 94. I the plaintiff or defendant in any· suit dies before parties. the suit has been decided, the suit may, subject to the provi sions of clause (4) of section 81, be proceeded with at the instance of, or against the legal representatives of the deceased plaintiff or defendant, as the case may be. Effect of decision on questions of title, etc. Prc:>cedure for Nyaya Panchayat.

95. The decision of a gaga Panchayat on the ques ion of title, legal character, contract or obligation shall not bind the parties except in respect of the suit in which such matter is decided. Vil

1870. Act p;

1898. +q 4o». vj

1908. : :t 1 of 1sf I j I l GENERAL PROVISIONS.

96. (1) The provisions of-

(a) the Court-fees Act, 1870,

(b) the Code of -Criminal Procedure, 1898, (cl the Code of Civil Procedure, 1908, and

(d) the Indian Evidence Act, 1872, shall not apply to any trial, before a. aya Panchayat. . (2) The procedure to he followed by a Nyaya Panchayat mn any trial, in the enforcement of its decisions and orders, and in the method . of forming a quorum shall, subjec~ to the prov1s1ons of thus Act, be in accordance with prescribedrules. 97• No yaya Panchayat shall try any case or suit or other proceeding to or in whin the Anchal Panchagyab con cerned or any Gram Panchayat ·within the Anclwl Ponchay<ft or any member of such Nyaya Panchayat is a. party or 1s interested.

98. (1) The District Magistrate or the Subdivisional Magistrate within the local limits of whose jurisdiction the Nyaya Panchayat is situate, may, of his own motion or on the application of any of the parties to a case or on the motion of the Nyaya Panchayat concerned, withdraw the cn,se pend ig before a aya Pamnclaya if, for reasons to be recorded by him in writing, he is of the opinion that the case is one which should not be tried or heard by the Nyaya Panchayat, and may try or hear the case himself or transfer it for disposal to anotler Magistrate who would have h::td jurisdiction to try the case but for the provisions of this .A.ct. Ba? to trial uf case or suit in wk:eh a Pancliayat or it.e mem ber is inter est.sr.l. With clrawa.! or transfer of case or suit. The West Bengal Panchayat Act, 1956. 47 i of1957.] (Part II.Chapter II.-Nyaya Panchayats. Sections 99, 100.)

(2) The District Judge within the local limits of whose jurisdiction a. iVyaya Panchayat ia situate, may, of his own motion or on the application of any of the parties to a suit or on the motion of the Nyaya Panohayat concerned with draw the suit pending before a Ny@a Panchaat if, for reasons to be recorded by him in writing, he is of the opinion that the suit is one which should not be tried or heard by the yaya Panchayat, and may try or hear the suit himself or transfer it for disposal to the court of the Munsif who would have had jurisdiction to try the suit but for the provisions of this Act.

(3) I at any stage of a case or a suit any party to such case or suit informs the i\Tyaya Panchaya.t that he has applied or that he intends to apply for the withdrawal or transfer of the case or suit under sub-section (1) or sub-section (2), as the case may Le, the Nyaya Panchayat shall stay further proceedings in the case or suit until such time as it thinks ft.

99. (Z) No Nyaayo Panchayat shall try any suit in which the matter directly and substantially in dispute has been heard and finally decided by a court of competent jurisdiction in a former suit betveen the same parties, or between partie5 under whom they or any of them claim.

(2) No Nyaya. Panchayat shall proceed with the trial of any suit in which the matter directly and substantially in dispute is pending for decision in the same Nyaya Panchayat or in any other court in a previously instituted suit between the same parties or between parties 1.inder whom they or any of them claim.

(3) No Nayaya Panchaat shall try a person who has once been tried by a cort or a yaya Panchayat of competent jurisdiction for an offence and convicted or acquitted of such ·• offence, while such conviction or acquittal remains in force. Certain suits and oases not to be tried.

100. (1) 11he District Judge, the District Magistrate and Inspection. the Subdivisioual Magisti·ate within the local limits of whose jurisdiction the l\lyaya. Panoh&yat is situate, shall have the power at all times to inspect the proceedings of any case and the records of cases maintained by a NVyaya Panchayat.

(2) The District Judge and the Munsif within the local limits of whose jurisdiction the Nyaya Pancha.yat is situate, shall have the power at all times to inspect the proceedings of any suit and the records of suits maintained by a.yayo Panchaat. .48 The West Bengal Panchayat Act, 1953. [West Ben. Act (Part I1.-0liapter Xl.-Nyaya Pa,nclrnyn,ts. Sections 101, 102.)

101. (1) Subject to the provisions of section 104, a Nyaya Panchayat may, by summons, send for any person to appear and give evidence or to produce or cause the pro duction of any document :

Provided that no person who is exempt from personal appearance in court under sub-section (1) of section 133 of the Code of Civil Procedure) 1908, slrnll be required to appear Aot V in person before a Nyaya Panchayat. mos.

(2) A Iyaya Panchayat shall refuse to summon a witness or to enforce a summons already issued .against a witness, where, in the opinion of the yaya Panclyat, the attendance of the ,vitness cannot be procured without an amount of delay, expense or inconvenience which, ruder the cucumstances of the case, would he unreasonable.

(3) A ayaa Panchaat shall not require any person living outside the limits of the A.nchal Panchayat concerned tu give evidence, unless such a sum of money as may apJ)ear to the Nyaya Panchaywt, to be sufficient to defray the travelling and other expenses of such person in passing to and from the Naya Panchaayat and for one clay's attendance, is deposited in the yaya Panchayat by the party who cites such person as his witness.

(4) If any person whom a yaya Panchayat summons by written order to appear or give evidence, or to produce any document before it fails, without lawful excuse, to obey such summons the ayaya Panchagyat may take cognizance of such offence and may sentence any person convctea thereof to a :fine not' exceeding twenty-five rupees. Appear- 102. (1) The parties to cases triable by a Nyaya tiapr,eofpar- Panchayat shall appear personally before such Panchayat:a8.

Provided that the Panchayat, if it sees reason so to do, may dispense with the personal attendance of an accused ,. and permit him o appear by agent.

(2) The parties to suits triable by a Nyaya Panchayat may appear by agent. Attendance of wit nesses. . E.vplanation :-"Agent" in. sub-sections (1) ancl (2), means a person who is authorised in writing to appear and plead for either party.

(3) Notwithstanding anything contained in subsection (1) or sub-section (2), no person whose name is included in a list of touts framed and published by Subdivisional Magistrates under section 80A oF the Indian Registration Aet, 1908, shall be permitted to appear as an agent of a party before a Nyaya Panchayat. xr, 1908, The West Bengal PanchayatAcat, 1956. 49 D of 1957.J (Part Il.-Chapte1· Xl.-Nyaya Panchayats. Sections 103-107.). 10~.. Notwithstnncling anything contained in the Legal Legal prac Practationers Act, 1879, legal practitioners shall not i itioners permutted to practise before a Nara Panciaae. ,2.7,

104. No oman shall be compelled to appear in Appearb f ;p p 1 anco ofperson e1ore a aya. ancnayat as an accused, or as n women.witness. Realisa tion of fees and execution of decrees. Power to issue com roission. Trial of suit triable by more than ono Nyaya Panchayat. 'ilil}5. Subject to such rules as may be prescribed, a Pyaaya Panchyat may issue a commission to examine any person 111 nccordance with such procedure as may be prescribed.

106. Where a suit is maintainable in more than one ?ayaa Panchayat, the plaintifl may bring the suit in any one of such yaya Panchaats; any dispute regarding the juris dct1on of a yaa Panchaayat to entertain any sat shall be decided by the Musif who would have had jurisdiction to try the same but for the provisions of this Act, nncl the decision of the I\fm1sif thereon s1rnll be :final.

107. (1) All fees imposed and all sums due on bonds and n11 smns decreed under this A.ct by a i\Tya·ya Panchayat may be realised under the orders of the i\Tyaya Panchayat in the snme manner as an arrear of rate or tax imposed under th is ct and any amount realised in pursuance of such an order shall be paid to the persons entitled to get the same.

(2) If the i\Tyaya Panchayat granting a decree is unable to effect satisfaction thereof, it shall grant the decree-holder a certificate to that effect stating the amount due to him and the amount due as costs of the suit.

(3) The decree-holder to whom the certificate referred to in sub-section (2) is granted, may apply, on production of such certificate, to the court of the l\'.I:unsif within the local limits of whose jurisdiction the defendant actually and voluntarily resides or cal'l'ies on business OT personally works for gain, for execution of the decree granted by the NyayaPanchayat.

(4) The court of the Munsif, to which the application referred to in sub-section (3) is made, shall execute the decree granted by the iY;i;aya Panchayat and in executing such decree it shall have the same powers and it shall follow the same procedure as if it were executing a decree passed byitself.

(5) An Rpplication for execution of a decree of a Nyaya Panchayat made after the expiry of three years from the date of the decree or of any order under the proviso to section 93 I I I II or ( I I I I I I I I ! I I 50 The West Bengal Panchayat Act, 1956. [West Ben. Ac (Pant II.Chapter KI.Nyaya Panchayats.Sections 108-111.-Part III.Chapter XI.-Miscellaneous•Section 1.l2.J modifying any such decree shall be dismissed, although limitation has not been pleaded:

Provided that where the decree is for payment of a sum of money or delivery of any movable property which the decree directs to be made at a certain date, the application for execution of the decree may be made 1,vithin thr·ee years fromtbat date. 1G8. Every Nyaya Panchayat shall maintain such registers and records and submit such returns us may beprescribed. 109, A member of a yaya Panchayat may res1gn during his term of office by notifying in w1·iting his in.tention to do so to the prescribed authority and, on such resignation being accepted by the prescribed authority, shall be tleemed to have vacated his office.

10. When the place of a member of a JVyayc;. l'anclayat becomes vacant by is resignation or otherwise a new member shall be elected bv the Anchal Panclayat, ho shall hold office so long as the member whose place he -fills would have been entitled to hold office if such vacancy hadnot occurred:

Provided that no act of the Nyaya Panchayat shall be deemed to be invalid by reason only that the numbe1~ of members of the Nyaya Panchayat at the time of the performance of such act was less than the prescribednumber . Registers and records. Resigna tion by member of Nyaya Panchayat. Filling of casual va ,mncies. Removal of members of Nyaya Panchayat,

111. (1) The State Government may, by an order in wntmg, at any time, for good and sufficient reason to be stated in such order, remove a member of a i\lyayaPanchayat.

(2) .Before removing a member under sub-section (1), the State Government shall allow the member concerned a.n 0ppor tunity of being heard in accordance with such rules as maybe prescribed. Assistance to District Magistrate and other officers.

PART •

CHAPTER XII. MISCELLANEOUS.

12. The District Magistrate, the Subdivisional Magistrate, or any other offcer authorised by the State Government 1 this behalf may require an Anchal l'anchaayat or a Gram Panchayat to assist him in the perform ance of his duties within the local limits of his jurisdiction and the Panchayat shall thereupon assist him so far as it liesin its power. of 1957.] The West Bengal Pancha.yat Act, 1956. 51 (Part lll.-Clwpte1· Xll.-11hscellaneous.-Sectfons 11,3-

115.)

113. Erery member of nu Anchal Panchayat or a Gram Panchayat including tbe Pradhan, Ua-Pradhan, --~dhyal.·sha nnc1 Dpaclhvaksha shall be jointly and severallv lable for the loss, waste or misapplication of any money or ]loperty rested in or belonging to the Panchaya.t concerneJ. 1f such loss, waste or misapplication is a direct consequence of hus neglect or musconduct hle holdmg the office of the lrathan, Upa-Pradhan, Adhayaksha or Upadhyalsha or member of the Panchayat, and a suit for compensation 4 case for hreach of trust may be instituted against him bythe Panchayat concerned wath the preous sanction of t}Sbd1vs1oal Magistrate:

Provided that if the Subdivisional Magistrate sanctions or l'efuses i:o sanction the institution of a suit or case under ihis section, the member concerned or the Panchayat concerned may, within thirty days from the date of such order, appeal to the District Magfotrate against the said sanction or refusal as the case may be and the decision of the District MagiHtrate thereon shall be :final:

Provided further that the District Magistrate or the SubdiYisiounl )lngistrate may, of his own motion, direct the lanchayat concerned to institute a suit or case under thissection.

114. Ivery member of an Anchal Panchayat or a Gram Panchayat, including the Pradhan, Upa-Pradhan, A.dhval.:sha. an c1 Upadhyaksha or of a Jorn.t ·Committee constituted under this Ad and every employee of a Panchaayat and of a ayaya Panchayat shall _be deemed to be_ a public t XLV servant within the meaning of section 21 of the Indrnn Penal1860. Code. Liability ofmemb;;:,r, Pradhan, etc., for loss due to negligence. .i\fembers of Anchal Pcmohayat, etc., to be public ser~ van ts.

115. (1) Notwithstanding anything contained in section Tnden:uuty. 113, no :mit or other legal pl'Oceedrngs shall be brought against a member iuclucling ihe Pradhan, Upa-F~·adhan, Aclhyalcsha and Upadhraksh of an Anclal Panchayat or a Gran. i"'anclw,yat or a mern her of a lvyaya 1 ancha.yat or a Jo1nt Committee constituted under this Act in respect of any act done or purporting to be done under this Act or rules made thereunder or in respect of any alleged neglect or default on his part in the execution of his duties under this Act or any rule or order made thereunder, if such act was done or such neglect Ol' default occurred in good faith.

(2) No suit or other legul proceeding shall be brought against any Gram Panchaayat, Anchal Panchagyat or Nyaya l'anchayat or any of its members or officers, or any person acting under its direction, for anythmg done under this Act, until the expiration of one month next after notice in writing .has been delivered or left at the office of such Gram Panchayat, 1-lnclzal Panchayat or Nyaya P<:,nchayat and also (if the suit is intended to be brought agamst any officer o.f the Gm,m, Panclwyat, !lnclz.al Panchayat or Nyaya, Panchayat · Election disputes, 52 The West Bengal Panchayat Act, 195@. [West Ben. Act (Part III.Chapter XII.Miscellaneous.-Sections 1I6, 117.) or any person a.cting under its direction) at the place of abode of the person against whom the suit is intended to be brought, stating the cause of action and the name and place of abode of the person who intends to bring the suit; and unless such notice is proved, the court shall find for the defendant.

(3) Every action referred to in sub-section (2) shall be commenced within three months after the accrual of the cause of action, and not afterwarcls. . (4) If any Gram Panchayat, Anclal Panchayat or Ngyaya Panchagyat or person to whom a notice under sub-section (2) is given shall, before a suit is brought, tender suflicient iiTuends to the plaintiff, such plaintiff shall not recover.

16. No act of a Gram Panchayat, Anclal Panchayat, i\iyaya Panchayat or a Joint Committee or of any person acting as Pradhan, Ua-Pradhan, Adhayaksha, Upadhayaksha or member of any such Panchayat or Committee shall he deemed to be invalid by reason only of a defect in the constitution of such Panchayat or Committee or on the ground that the Pradhan, Una-Pradhan, Adhayaksha, Upadhyalsha or any member of sucl Panchaayat or Committee was not entitled to hold or continue in such office by reason of any disqualification OT by reason of any irregularity or illegality in his election or by reason of such act having been done during the period of any vacancy in the office of the Pradhan, Una-Pradhan, Adhayaksha, Upadhalsha or mern.ber of such Panchayat or Committee.

117. (l'i The election of a pe:r:son as the Adhaksha or Upadhyalcsha or as a member of a G1'am Panchayat or as the Pradhan or Una-Pradhan or as a member of an Anchal Panchayat nr as the Pradhan Tlicharalc or as a member of a ago Panchaat shall not .be called in question in anyCourt:

Provided that an application questioning the election may be presented to such authority within such time and in such manner a.s may be prescribed.

(2) The hearing of the application, the procedure to_ be followed a such hearno and the disposal of the apphcat10n. shall be in accordance ith such rules as may be prescribed.

(3) No Court shall grant an injunction-

(i) to postpone the election of-

(a) a member of a Gram Panchayat or an Anchal Panchayat, or

(b) a Adhaaksha, Upadhyaksha, Pradhan, Upa Pradhan Vicharal or Pradhan Vicharak of a'NVydya Panchayat; or

(ii) to prohibit a person, declared to ha-ye been elected under this Act, from taking part 1 the proceed ings of a Gram Panchayat, Anchal Panchayat or 0 Validation of proceed ings. I I I I The West Bengal Panchayat Act, 1956. 53 'I of 1957.] {Part III.-Chapter II.-Transitory Provisions.-Section 118. Removal of difficulty.-Section 119.-ChapterXIII.-Poer to make rules.-.Secti:on 120.J i\Tyarya Panchayat, as the case may be, of which he has Leen elected Adhyalaha, Upadhyaksha Pradhan, ' Una-Pradhan, Vicharak, Pradha Vclaak or a member; or

(iii) to prohibit the members formally elected or appointed to a G-ram Panchayat, Anchal Panchayat or Ngyaya Panchaat, as the case mas be, under this .A.ct, from entering upon their duties. TRANSITORY PROVISIONS.

118. On and from the date on which a 1\Tya.ya Pancha.yat Transitory comes into office in any local area, all cases and provisions. suits pending before any bench or court constituted under any of the enactments repealed under section 4, shall be transferred to the yaaya Panchayat constituted in that area under this Ac.t, or pending the constitution of the Nyaya Panchayat, to the Criminal or the Civil Court, as the case may be, of the lowest orade which woulcl have had juris diction to try such suit band case, as the case may be, but for the provisions of this Act. Il-E:UOVAL OF DIFFICULTY.

119. I in establishing, constituting or in the working Romoval of of, an Anchal Panchayat or a Gram Panchayat, diffoulty. 1 any local area, any dispute or difficulty arises in the interpretation of any provision of this A.ct, or any rule made thereunder or any matter arising out or or relating to such interpretation or :rny maHer not provided in the A.ct, the State Government may, by order, decide the same and authorise any matter or thing to be done which appears to it to be necessary for the purpose of removing such difficulty, and the decision of the State Government shallbe final. CH.APTER XIII. POWER TO MAKE RULES.

120. (1) The State Government may, after previous Rules. publication, make rules for carrying out tlie purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(a) any matter for mhich power to make provision is conferred expressly or by implication on the State Government by this Act; 54 The West Banal Panchayat Act, 1956. [West !Ben. Act (Part I I I .Chapter X I I I . P o w e r t o a n a k e rules.

Section 120.j

(b) the establishment of any authority under, and the exercise oi powers and performance of duties conferred and imposed upon the State Government by this Act;

(d) the records ancl registers that shall be maintained by an Anchal Panchayat, a Gram Panchayat and a NVyaya Panchaat;

(e) the time of holding meetings of a Gram Sabha referred to in sub-section (4) of section 8, the manner of notifying t]1e time and place of such meetings and of the meetings of an Anchal Panchayat, and ram Panchaayat, and the manner of conducting business at such meetings, adjournment c1f meetings and recording the minutes of the meetings; (/) the manner of electing members of rm Anchal Panchayat, a Gram Panchaayat and a ayaya Panchaat, the deposit to be made by candir1ates standing for election to the Gram Panchayat, the conditions under which suC'h deposits may be forfeited and the disposal of eleei.ion disputes;

(g) the manner of recruitment of the staff of an Anchal Panchayat and a Gram. Pa.nchayat and the manner of their dismissal, discharge, removal, ~uperannuation, punishment and right of appeal;

(h) the manner of convening a special meeting of an Anchal Panchayat or a Gram Panchagyat for the purpose of removing an Adhyaksha, Upadhyalsha, Pradhan or Upa-Pradhan;

(i) the manner in which and the conditions under which an Anchal Panchayat or a Gram Panchayat is to function as the agent of the State Government or the District Board;

(j) the manner in which two or more Grr11n Panchayats may combine io appoint a Joint Committee;

(k) the forms to be used under this Act; (Z) the method and time of pnyrncnt of iaxes and other dues, the procedure of recovery; and the authority whose assiBtance may be taken by an Anchal Panchaayat for the recovery of taxes and dues;

(m) the method of crediting the receipts from various sources to the Anchal Panchayat li'und;

(n) tha manner of crediting the sale proceeds of unc1aimec1 catt.Je ~

(o) the conditions subject to which an Anchal I'anchayat may borrow money; I I ~ '•.I I I I I I :1 oft957.J (Part 111.-Chapte1' Xlll.-.:.Power to make rules. Sact-z:on 120.) (z;) the imposition of tax.es, tolls, fees and rates, and the manner of assessment and appeal againstassessment; (@) the framino of budoets· 0 0 , () the keeping of accounts; -(s) the audit of accounts and po,Yers of auditors; {t) the returns and reports to he submitted by an il.nchrzl Pancltayat and a Gram, Panchayat and a 'yaya Panchayat; {ct) ihe strength, salary, nature and the cost of equip ment of the dafadars and chowkdars and all matters relating to their duties, powers and functions and their recruitmen t, conditions of service, superannuation, discipline, punishmentand dismissal;

(v) the p1:ocedure to be fo11o,rer1 by a iVyaya, Panc:hayat in trying suits and cnses;

(w) the particulars to be containe<l in the order or decree of a Vyaya Panchaat; () the fees to be levied by a yaya Panclaayat for institution of suits and cases, issue of processes nncl supplying copies of documeut:-; and otherpapers; (:,;) the issue, service or execution of s~mmons, notices and other processes by a gyaya l anchaat;

(z) the procedure for execution of decrees, orders and sentences passed by a aaaa Panchaaat.

(3) AII rules mncle under this .A.ct sliall be published in the Offal Gaeetta, and slall, unless some later date ; appointed hy the State Government, come mto force on the date of such publication.

(4) All rules made under clauses (f), (.9)_. (j), (l), (p), (u), ) and () of sub-section (2) shall be laid :for not less than fourteen days before the State LegisJnture GS soon as possible after they are made and sliall he subject to suc·h modifir,ation a8 the State Legislature may make during the session in hich they are so lnid. Any rnodi:6.cat-ion of the said rules made by the State Legislatre shall be published in the 0fcial Gazette, and shall, unless some later date is appointed by the State Government, come into force on the date ofsuch yrnblication. The TVest Bengal Panchayat Act, 1956. 55 56 The West Bengal Panhayat Act, 1956. (Scheclinle 1.)

SCHEDULE I. ENACTMENTS REPEATED OR AMENDED. (Section 4.) 4 Extent of repeal or amendment. The whole, except the preamble and sections 1,. 48 toJ (Part II), 66, 67 and 69 and Schedules O and D ~~ be repealed. -..±$ -~.{~j 3$ f i3 The whole shall be repealed. For section 35, the following section shall be subs} tuted, namely :- , "35. It shall bo lawful for the State Governm(;il to order that any public forry shall be manag by a local authority having jurisdiction over W area or any part ofthe area in which such ferry, situated ; and such local authority shall have) the powers vested in the Magistrate of thedistri under this Act except tho po,vers specified j sections 7, 17 and 32; and theroupon the ferri shall be managed accordingly. Tho State Government may from time to time v~ or annul any order made undor this section.", Year. No. Short title.- 1 2 3- 1870 VI .. The Village Ohaukidari Act, 1870. 1871 r .. The Bengal Village Ohaukidari Act,

1871. 1885 I .. The Bengal Ferries Act, 1885. 1885 III .. The Bengal Local Self-Government Act of 1885.

1. In section 5, for the definition of "local authorit.; the following shall be substituted, namely :-- " 'local authority' means any district board,. Ioi board or joint committee constituted under t4 Aet, or any Anchal Fanchayat or Gram Panchas constituted under the "\Vost Benga,l PanchaJ Act, 1950." .

2. In sub-section (I) - of section 7A, in clo.use (: after the words "or as chaukiclari tax, or" the Wax "as rates or ta under the West Bengal Panchaj Act, 1956, or".

3. In sections 18 and i 8A, for the words "1ocl bo or union committee" the .words "or local boa shall be substituted.

4. Section 36 and the whole of Chapter II of Pa:r:-, (sections 37 to 44) shall be repealed.

5. .For sub-clause (d) of clause Fifthly of section. , the following shall be substituted, namely:- "(d) any sums assigned by the district bom:d: a local board or to an Anchal Panchayat conat,it ed under the West Bengal Panchaat

1956." .. % ) ;J I of 1957.] The West Bengal Panchayai; Act, 1956. (Schedule I.Enactments repealed or amended.) 57 -Year. No. Short title. Extent ofrepeal or amendment.- 1 2 3 d- 1885 III The Bengal Local 6. The whole of Chapter III of Part II (sections 56contd. Self-Government to 58) shall be repealed.Act of 1885 contd.

7. In section 73, the following words and .figures shall be omitted, namely : "but subject to the provisions of Chapter ill of Part ID thereof."

8. In section 89, the following words shall be inserted at the beginning of the section, namely :- "Subject to the provisions of the West Bengal Panchayat Act, 1956,". D. The whole of Chapter III of Part III {sections 104 to 119) shnll be repealed.

10. In section 130, the following shall bo omitted, namely:-

(i) in the first paragraph, tho following : "in respect of a union committee, by tho district board or the local board to which the co!nlnit tee may have been declared, by an order under section 119, to be, for the purposes. of this section, subordinate, and";

(ii) the whole of the second and third paragraphs, namely : "When a local board makes any order under this section, it shall forthwith sublllit to the district board a copy of the order, with a statement of its reasons for making it, and with any explanation which the union com mittee concerned may wish to offer. The district board may thereupon confrm, modify or rescind the order"; and

(iii) in the penultimate paragraph, the words "or union committee", { 11. I section 131, 1 words "or union conunittee", ~ occurring i.u. two places, shall be omitted.-------- / 58 The West Bengal Panchayat Act, 1953. [West Ben. Ai:t1 (Schedule I.-Inactments repealed or amended.) 4 Extent of repeal or amendment,

12. In section 132, the following shall be omitted;namely:-

(i) in tho frst paragraph, the words "or union' committee", in the four places ,vhere they occur,

(ii) in the second paragraph, the words "or ooril•:mitteo". . Year, No. Short title.- I 2 3- 1885 III The Bengal Localconcld. Self-Government Act of 1885- concfd.

13. Section 133 shall be repealed.

14. In section 138,-

(l) the following shall be omitted, namely:-

(i) in the first paragraph, the words "or union committee?';

(ii) clauses (q) and (ql); and

(iii) the whole of the last paragraph ;

(2) in clause (t) for the words "district boards, local boards and union committees" the words "district boards or local boards" shall be substituted.

15. In section 142, for tho words "local board or unioJl committee'' the words "or local board?' and for the words "union committee, local board or di.striof board" the words "district board or local board' shall be substituted. l6. In section 144, for the words 'local authority' wherever they occur, the words "district board o1 local board" shall be substituted.

7. In section 145, for ho words "Ivory local utlori · ty" the words "Tho district board", and for th words "the district or union funds respectively/ the words "the cliatrict fund," shall be substituted.

18. Iu section 146, in the first pe1ragraph, the word "or union committoo'' and, in tho two places whor they occur, the words "or committee" shall be re pealod and the word "or" shall be inserted after th words "district board". 1919 V The Bengal Village The whole shall be repealed.Self-Government Act, 1919. The West Bengal Panchayat Act, 1956. 59 I of 1957.] I I I (Schedules II and Ill.) SOHIDULE II. OFFENCES To DE REPORTED BY A chowkidr and a dafadcr. (See section 53.) Murder, culpable homicide, rape (when the offender is not the husband of the woman raped), dacoity, robbery, theft, mischief by :fire, house-breaking, counterfeiting currency notes, coins or stamps, possessing instruments or materials for the purposes of such counterfeiting, causiILg grievous hurt, riot, administering stupefying drugs, kidnapping, personating public servants, manufacturing, selling or possessing arms without a license and going armed without a license, and all attempts, preparations and conspiracies to commit, and abetments of, the said offences.

SCHEDULE III. OFFENCES TRIABLE BT A Nyaya Panchayat. (See sections 70 and 71.)

PART A.

1. 0fences under sections 26 and 27 of the Cattletrespass ct, 1871.

2. Offences unde1· enactments (other· than the Indian Penal Code and this Act) or any rules or by-las made there uncler which are punishable with £.ne only up to a hm1t oftwenty-five rupees.

3. Offences under section 34 of the Police Act. 1861.

4. Offences under the Bena-al Ferries Act, 1885, except those under sections 28 and 39 D. Offences under the followino sections of the Ludian Penal Code, namely :-sections 16, 269, 277, 289, 290, 294, 823, 334, 341, 352, 358, 426, 447, 448, 504 and 510 and when the value o{ t1e property in the opinion of the NVyaya Panchayat is not over twenty rupees, sections 379 and411. i I I I of 1871. I I Gt XLVI i 1860. I j i of 1861. IPn. Act o£ 1885.

PART B. Offences under the following sections of the Indian Penal Code, namely :sections 283, 428, 430, 431, 506 and 509 ; and when the value of the property 1n the opm10n of the. Magistrate is not over twenty rupees, section 403. W1GP.57/8-1737A-7M L (West Ben. ACII I 4 Extent of 1·open.l or iuncndnicnt.

(iii) the whola of tho lti.~t pnr1J,gr,,,pb ;

(ii) clauaes (q) and (ql); and ! i i (I) th r U · I b ·ttod nnroolY •- I0 1o owmg sho.l o om, , , 0 p1 els "orlJJll I(i) in th? first pamgraph, the wor ' COllllll.ittoo"; J 01 '.l'he Whole ahnll ho repoo.led. 'ht Ii l()ll' . I ourds, Jo;oil(2) in clD.uso (t) for tho words "district ' Is "diStr I boD.rds D.n<l union committees" tho "'0~\utod, hoD.rda or locD.l boD.rds" ahnll be subs 1 01 ol « a or?%enlu. In soction 142 for tho words "locl bond for ;clpr comrnittee" the ords "or local board'' o. . dist\{1 worda "union committeo 16cal board "%', o' { bonl'd" the words "district bod or loc . shall be substituted. i sAho" G""· I section 1 a tho words "Joc1t_l: l)a(>td 'j orover thoy ocere tho words "dist1G Oco,I board" shall b~ substituted, , . o"tau" M17t }n section Hr,, for tho words "])very Joct~I fofcl1,' I " 6he_ words ""To aisttt board", "" ~i"4 } Words tho dfotrict or union funds rP,th o \l·orda "tho 11istriot fund," shall bo sttbs / or]

18. r e "4;, n s_cction 146, in the 6rst program» ls ",thr uruon co1mnittoe" and in tho two pl~o,11 !JO ti' I oy occur, tho words "o; committco'' s 1 nftot.· j pen.loll and tho Word "or" shall bo in.t;ortec. Words "district hon.rd,,. /

14. In section 138,-

13. Soction 133 ahD.11 be ropoalod. 3 The West Bengal Panohayat Act, 1956. Short title. '.l'ho l3ongnJ V"II Solf-Govo.-n-' ngo Act, 191'ent (Scherl,ule !.-Enactments 1·epealerl or amended.) V 1 2 1019 1885 ID- The Bengal Local concld, Self.Government AcL of 1885- conc!d. Yew:. No. --·1-----1•----------- al o!llit\C •,12. In section 132, tho following shall be namely :-- ·al • • , •qg 'or un' , () 1n tho firat pD.rD.gmph, tho "OH they occlll'•: committee", in tho four p1£Lcos whore ,i ' 'or ooIJl,(ii) in tho socond paragraph, tho words I mitteo"'. j ! 58 I or 1957,] " "at boat ta.. a• a ,

The West Bengal Panchayat Act, 1956

The enactment

Full text

Find the provision, not just read it