(1) The sum certified by the auditor to be due from any person under section 192 or where an appeal is made under sub-section (1) of section 193, such sum as may be ordered by the State Government to be due from such person shall, within two months of the date of certification, or order, as the case may be, be paid by such person to the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned which shall credit the sum to the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned.
(2) Any sum not paid in accordance with the provisions of subsection (1) shall be recoverable as a public demand and the Collector of the district shall, for the purposes of section 4 of the Bengal Public Ben. Act III Demands Recovery Act, 1913, be deemed to be the person to whom such of 1913.
demand is payable.
(3) The Collector of the district shall pay to the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned any sum recovered by him under sub-section (2).
Certain costs 195. (1) All expenses incurred by the Gram Panchayat, the and expenses payable ayable put Panchayat Samiti or the Zilla Parishad concerned in complying with of funds any requisition of the auditor under section 188 and in prosecuting an offender under section 189 shall be paid from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned.
(2) All expenses incurred by the Collector of the district in connection with the proceedings for recovery of any sum under sub-section (2) of section 194 from a person, if not recovered from the person, shall be paid from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned.
350 The West Bengal Panchayat Act, 1973.
XLI of 1973.]
(Part V.—Chapter XVIII.—Audit.—Section 196.—Part VI.— Chapter XIX.—Miscellaneous.—Sections 197.)
(3) If the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned fails to pay expenses referred to in sub-sections (1) and (2) within such period as may be determined by the State Government in this behalf, the State Government may attach the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned or any portion thereof.
(4) After such attachment no person except an officer appointed in this behalf by the State Government shall in any way deal with the attached fund or portion thereof, but such officer may do all such acts in respect thereof, as the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned referred to in sub-section (1) might have done if the attachment had not taken place, and may apply the proceeds of the fund in satisfaction of the expenses due, the interest accruing in respect of such expenses and any additional expenses resulting from the attachment and any subsequent proceedings:
Provided that no such attachment shall defeat or prejudice any charge or debt for which the fund attached was previously liable in accordance with law but all such prior charges and debt shall be paid out of the proceeds of the fund before any part of the proceeds of the fund is applied to the satisfaction of the costs and expenses payable to the State Government under this section.
196. The members of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned shall not without the previous sanction of the State Government incur any expenditure from the fund of the Gram Panchayat, the Panchayat Samiti or the Zilla Parishad concerned in connection with any appeal or proceedings against surcharge, in respect of which a certificate is issued by the auditor.
PART VI
CHAPTER XIX MISCELLANEOUS Certain expenses not chargeable to funds without previous sanction.
197. Every member of a Gram Panchayat, a Panchayat Samiti or Oath or a Zilla Parishad other than a member referred to in sub-clause (iii) of affirmation.
clause (a) of sub-section (2) of section 94 and sub-clauses (iii) and (iv) of clause (a) of sub-section (2) of section 140 shall before taking his seat make and subscribe before such authority as may be specified by the State Government in this behalf, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
351 The West Bengal Panchayat Act, 1973.
[West Ben. Act Part VI—Chapter XIX.—Miscellaneous.—Sections 198-201.)
Validation. 198. No act or proceeding of a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad, shall be deemed to be invalid merely by reason of the existence of any vacancy in the Gram Panchayat, Panchayat Samiti or Zill Parishad, as the case may be, or any defect or irregularity in the constitution thereof.
Members, officers and employees to be public servants.
199. All members, officers and employees of the Gram Panchayat, Panchayat Samiti and Zilla Parishad shall be deemed, when acting or purporting to act in pursuance of the discharge of their duties, or in the exercise of their powers under this Act or under the rules or bye-laws made thereunder, to be public servants within the meaning of section 21 of the Indian Penal Code. 45 of 1860.
Indemnity.
dispute.
200. No suit or other proceeding shall lie against a Gram Panchayats a Panchayat Samiti a Zilla Parishad or against any member thereof or any officer or employee for anything in good faith done or intended to be done in pursuance of this Act or of any rules or bye-laws made thereunder.
within the jurisdiction of the same Panchayat Samiti, it shall be referred to the Panchayat Samiti by any party to the dispute and the decision of the Panchayat Samiti thereon shall be final.
(2) If any dispute arises between two or more Panchayat Samitis or between two or more Gram Panchayats within the jurisdiction of different Panchayat Samitis or between a Panchayat Samiti and a Gram Panchayat, within the jurisdiction of the same Zilla Parishad, it shall be referred to the Zilla Parishad by any party to the dispute and the decision of the Zilla Parishad thereon shall be final.
(3) If any dispute arises—
(a) between a Gram Panchayat or a Panchayat Samiti within a district on the one side and the Zilla Parishad of the same district on the other, or
(b) between two or more Zilla Parishads, or
(c) between one or more Gram Panchayats in one district on the one side and one or more Gram Panchayats in another district on the other, or
(d) between one or more Panchayat Samitis in one district on the one side and one or more Panchayat Samitis in another district on the other, or Reference of 201. (1) If any dispute arises-between two or more Gram Panchayat 352 The West Bengal- Panchayat Act, 1973.
XLI of 1973.]
(Part VI.—Chapter X1X.—Miscellaneous.—Sections 202, 203.)
(e) between one or more Gram Panchayats in one district on the one side and one or more Panchayat Samitis in another district on the other, or
(f) between one or more Gram Panchayats in one district on the one side and the Zilla Parishad of another district on the other, or
(g) between one or more Panchayat Samitis in one district on the one side and the Zilla Parishad of another district on the other, the dispute shall be referred to the State Government by any party to the dispute and the decision of the State Government thereon shall be final.
202. No person while standing as a candidate for election as a Bar of member— simultaneous candidature
(a) of a Gram Panchayat, shall be entitled to stand as a for election.
candidate for election as a member of a Panchayat Samiti or the Zilla Pctrishad, of a Panchayat Samiti, shall be entitled to stand as a candidate for election as a member of a Gram Panchayat or the Zilla Parishad, and of the Zilla Parishad, shall be entitled to stand as a candidate for election as a member of a Gram Panchayat or a Panchayat Samiti.