(1) The members of a Panchayat Samiti other than the ex officio members shall, subject to the provisions of section 100, hold office for a period of four years beginning from the date of its first meeting at which a quorum is present.
312 The West Bengal Panchayat Act, 1973.
XLI of 1973.]
(Part 111.—Panchayat Samiti.—Chapter VIM—Constitution of Panchayat Samiti.—Section 97.)
(2) The period of four years referred to in sub-section (1) shall be held to include any period which may elapse between the expiry of the said period and the date of the first meeting of the newly-formed Panchayat Samiti after a fresh election at which a quorum is present:
Provided that if such first meeting of the newly-formed Panchayat Samiti cannot be held within three months of the expiry of the said period of four years, the State Government may, by order, terminate the term of office of the members of the Panchayat Samiti continuing in office under this sub-section and appoint any authority, person or persons to exercise and perform, subject to such conditions as may be specified in the order, the powers and functions of the Panchayat Samiti under this Act or any other law for the time being in force until the date on which such first meeting of the newly-formed Panchayat Samiti is held.
97. Subject to the provisions contained in section 140 and 142, a person shall not be qualified to be a member of a Panchayat Samiti, if—
(a) he is a member of a Gram Panchayat other than the Pradhan or a Nyaya Panchayat or a Zilla Parishad or of any municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1; or
(b) he is in the service of, or receives remuneration from, the Central or the State Government or a Gram Panchayat or a Panchayat Samiti or a Zilla Parishad; or
(c) he has, directly or indirectly by himself or by his partner or employer or an employee, any share or interest in any contract with, by or on behalf of the Panchayat Samiti, or a Gram Panchayat within the Block concerned or the Zilla Parishad of the district:
Provided that no person shall be deemed to be disqualified for being elected a member of a Panchayat Samiti by reason only of his having a share or interest in any I of 1956.
public company as defined in the Companies Act, 1956, which contracts with or is employed by the Panchayat Samiti or any such Gram Panchayat or such Zilla Parishad; or
(d) he has been dismissed from the service of the Central or a State Government or 'a local authority or a co-operative society, or a Government Company or a Corporation owned or controlled by the Central or the State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal; or Disqualificalions of members of Panchayat Samiti.
313 The West Bengal Panchayat Act, 1973.
[West Ben. Act (Part III.—Panchayat Samiti.—Chapter VIII.—Constitution of Panchayat Samiti.—Section 98.)
(e) he has been adjudged by a competent court to be of unsound mind; or
(f) he is an undischarged insolvent; or
(g) he being a discharged insolvent has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or
(h) he has been convicted by a Court of an offence involving moral trupitude punishable with imprisonment for a period of more than six months or an offence under Chapter IXA of the Indian Penal Code or section 3 or section 9 of the 45 of 1860.
West Bengal Local Bodies (Electrical Offences and West Ben.
Act X Miscellaneous Provisions) Act, 1952, or Chapter III of 1952. of Part VII of the Representation of the People Act, 1951, 43 of 1951.
and five years have not elapsed from the date of the expiration of the sentence.
Sabhapati and Sahakari Sabhapati.