title and cOmmencernent.
(..VII/S('-3211 Rottiata . 1'S/11 - /01'n ;I 1111/2007 aytte **- 4`;•VAISAKHA 5 ] Extraordinaly Published by Authority WEDNESDAY, APRIL 25, 2007 [SAKA 1929
PART III— Acts of the West Bengal Legislature GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative NOTIFICATION No. 315-L.-6th March, 2007.—The following Act of the West Bengal Legislature, having been assented to by the Governor, is hereby published for general information :— WEST BENGAI, ACT XXXVII of 2006 THE WEST •BENGAL PANCHAYAT (THIRD AMENDMENT) ACT, 2006.
[Passed by the West Bengal Legislature.]
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 6th March, 2007.1 An Act to amend the West Bengal Panchayat Act, 1973.
WIIF.RF.AS it is expedient to amend the West Bengal Panchayat Act, 1973, for the West Ben. Act purposes and in the manner hereinafter appearing; xi,i of 1973.
Amendment of long title of West Ben. Act X1,1 of
1973.
Amendment of preamble.
It is hereby enacted in the Fifty-seventh Year of the Republic of India, by the Legislature of West Bengal. as follows :----
1. (1) This Act may be called West Bengal Panchayat (Third Amendment) Act, 2006.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different sections and for different areas.
2. In the West Bengal Panchayat Act, 1973 (hereinafter referred to as the principal Act), for the long title, the following long title shall be substituted :--- "An Act to reorganize, strengthen and expand the activities of Panchayats in rural areas of West Bengal to enable them to act as units of self-government and to strive for socio-economic development and securing social justice. for the people and to provide for matters connected therewith. ".
3. In the principal Act, for the preamble, the following preamble shall be substituted:-- "WIMREAS it is necessary and expedient to reorganize, strengthen and expand the 14 • st Amendment of section 8. (1) for sub-clause (i) of clause (h), the following sub-clause shall be substituted:- - activities of Panchayats in rural areas of self-government and to strive for sociojustice for the people and to provide for
4. In section 8 of the principal Act, , West Bengal to enable them to 'act as units of economic development and securing social matters connected therewith;".
"(i) he has been convicted by a court-- (A) of an offence punishable with imprisonment for a period of more than six months involving moral turpitude or involving any other cognizable offence, or (B) of an offence under Chapter IXA of the Indian Penal Code, 1860, or (C) under section 3 or section 9 of the West Bengal Local Bodies West Ben. Act X of 1952.
(Electoral Offences and Miscellaneous Provisions) Act, 1952, and five years have not elapsed from the date of the expiration of the sentence:
Provided that such conviction by a lower court shall remain in operation unless an appellate court has stayed the operation of the order of the court, which has convicted the person; or";
(2) after clause (j), the following clause shall be inserted:— "(ja) he has been removed from the office under clause (h) of subsection ( I ) of section II at any time during the last six years;
or
5. For section 10 of the principal Act, the following section shall be substituted:-- "Resignation of 10. (1) (a) The Pradhan of a Gram Panchayat may resign his Pradhan or Ulm- office by notifying in writing his intention to do so to the Upanrcrdhan or member.
Pradhan.
(b) An Upa-Pradhan or a member of a Gram Panchayat may resign his office by notifying in writing his intention to do so to the Pradhan.
(2) The Gram Panchayat shall, on receipt of the letter of resignation under subsection (1), forward a copy of it to the prescribed authority for information.
(3) On receipt of a letter of resignation under sub-section (1),—
(a) in case of resignation of the Pradhan. the Upa-.Pradhan shall place it in the next meeting of the Gram Panchavat for acceptance;
(b) in case of resignation of the Upa-Pradhan, the Pradhan shall place it in the next meeting of the Gram Panchayat for acceptance;
(c) in case of resignation of the member, the Pradhan shall place it in the next meeting of the Artha 0 Parikalpana Upa-Samiti for acceptance.
(4) On acceptance of a resignation in terms of sub-section (3), the Pradhan, the Upa-Pradhan or the member. as the case may be, shall be deemed to have vacated his office:
Provided that in case of acceptance of resignation of a member, the matter shall be mentioned in the next meeting of the Gram Panchayat.
(5) When a resignation is accepted under sub-section (3), the Grain Panchayat ' Substitution of section 10.
45 of 1860.
* 15] THE. KOLK GAZETFE, EXTRAORDINARY. APRIL 25,2007 [1' \it Ill The West Benkcil-Panchayat (7hird Amendment) Act. 2006.
(SectionS 4, 5.)
111i "111E ,K NIA GAZETTE. EX FRAORD1NARY, APRII.25.2007 [16 7he West Bengal Panchayat (Third Amendment). Act, 2006.
(Sections 6 - 8.)
1 Amendment of reatici II.
shall immediately communicate it to the prescribed authority, who shall take appropriate action to fill up the vacancy.—
(a) in case such vacancy is in the office of Pradhan or lIpa-Pradhan, in accordance with the provisions of section 13;
(h) in case such vacancy is. in the office of a member of the Grain Panchayat, in accordance with the provisions of section 14.".
6. In sub-section (1) of section 11 of the principal Act,—
(1) for clause (a), the following clause shall be substituted:.--.
"(a) if after his election he is convicted by a criminal court of an offence punishable with imprisonment for a period of more than six months involving moral turpitude or involving any other cognizable offence;
or";
(2) after clause (e). the following clauses shall be inserted:— Amendment. of soctIon I CiA.
te Substitaikm of sct:Ition 19.
if he does not make and subscribe an oath or affirmation before the competent authority under section 197 within six months from the date of his election; or if at the time of his election he was not a citizen of India and his name has since been deleted on that ground from the electoral roll in force pertaining to the area comprised in that Gram Panchayat, by the Electoral Registration Officer; or
(h) if at the time of his election he was not a member of any of the Scheduled Castes or the Scheduled Tribes and the Scheduled Caste or the Scheduled Tribe certificate produced by him at the time of nomination has since been cancelled by the competent authority:";
(3) the following proviso shall be added at the end :— "Provided that without prejudice to the action taken under clause (g) or clause (h), the person concerned may also be proceeded against in accordance with the provisions of the Indian Penal Code, 1860.".
7. In sub-section (6) of section 16A of the principal Act.--
(1) for clause (a), the following clause shall he substituted:— "(a) identify, or lay down principles for identification of the schemes which are required to be taken on priority basis for economic development of the village, when such identification shall be binding under sub-section (3) of section 19 upon the Gram Panchayat,";
(2) for clause (b), the following clause shall be substituted:7-- "(b) identify, or lay down principles for identification of the beneficiaries for various poverty alleviation programmes, when such identification shall be binding under sub-section (3) of section 19 upon the Grain Panchayat,".
8. For section 19 of the principal Act, the follUwing section shall be substituted:-- "Obligatory duties 19. (1) A Gram Panchayat shall function as a unit of selfof Gram government for achieving the goal of human development including Panchayat social and economic development and securing social justice for all, and shall, subject to such conditions as may be prescribed or such directions as may be given by the State Government-- "(0
(g) 45 of 1860.
17] KOLKATAGAZUTE, EXTRAOiDINARY, APRII,25,2007 [PART Ill _ .
The West Bengal Panchayat (Third Ainendment), Act, 2006.
(Section R.
(a) prepare a development plan for the five-year term of the office of the members and revise and undate it as and when necessary with regard to the resources available:
(h) prepare an annual plan based on Grcfrm Sansad plans for each year by the month of October of ihe preceding year for the works proposed to be done during the following year in furtherance of its objectives;
(c) implement schemes as may be drawn up in the annual plan by the Gram Panchavat, or as may be entrusted upon or transferred to or devolved upon it.
(2) Without prejudice to the generality of the provisions of sub-section (1), a Gram Panchayat shall have duties to undertake schemes or adopt measures within the area under its jurisdiction relating to -
(a) promotive and preventive health care, reproductive and child health care, improvement of nutritional standard, community health management including maintenance and upgradation of sub-centres and dispensaries;
(b) pre-school education and primary education including enrolment of children in schools, containment of dropouts, spread of literacy campaign, continuing education for adtilts and those out of schools and similar other schemes;
(c) development of women and children, empowerment of women, formation and facilitation of self-help groups, schemes for micro-finance and other activities for flow of credit for taking up income generating and other developmental activities:
(d) social welfare including welfare of backward classes, weaker sections and persons with disabilities;
(e) development of livestock including vaccination of animals against epidemic and implementation of artificial insemination programme; '•
(f) promotion of agriculture. including irrigatiOn facilities and motivation of farmers fot:' augmenting crop yield, introduction of new crop including selection of beneficiaries for distribution of seeds, bio-fertilizer, pesticides, farm machinery, plant protection equipments and other agricultural implements; -
(g) development of fisheries involving improvement of tank, harvesting, netting, excavation of tank, testing soil and water, supply of minikits and introduction of various improved practices;
(11) promotion of cottage-village-mini industries and welfare of artisans;
(i) identification and selection of beneficiaries for distribution of ration cards, monitoring distribution of food grains through public distribution system;
(j) construction of percolation tanks, field channels, maintaining minor irrigation schemes, collection of water charges through user committee for new projects handed over to Gram Panchayat;
(k) water management, soil conservation and watershed development;
(I) construction and maintenance of tube-wells, wells, tanks and the cleansing and disinfecting the sources of supply and storage of water;
(m) construction, maintenance and repair of public streets and protection thereof;
(n) extension of social forestry and farm forestry including plantation of trees 'PARIAH.] I 1 IF KOLKAIA GAZETTE, EXTRAORDINARY, APR11,25. 2007 The West Bengal Panchayat (Third Amendment) Act, 2006.
(Sections 9. 10.)
f .1 and distribution of saplings and promotion of fuel and fodder cultivation;
(o) maintenance of environmental sanitation including promotion and management of solid and liquid waste and prevention of public nuisance.
(3) A 'Gram Panchayat shall not Omit or refuse to act upon any recommendations of a Gram Sansad relating to prioritization of any list of beneficiaries or schemes or programme so far as it relates to the area of the Gram Sansad unless it decides in a meeting, for reasons to be recorded in writing, that such recommendations are not acceptable or irnplementable under the provisions of the Act or any rule, order or direction thereunder:
Provided that if the Grain Panchayat decides that any recommendations are not acceptable or implementable under the provisions of the Act or any rule, order or direction thereunder, its decision shall be immediately communicated to the Gram Unnayan Samiti for placing it in the next meeting of the Gram Sansad.".
9. For section 20 of the principal Act, the following section shall be substituted:— "Tr ans ferred 20. (1)A Gram Panchayarshall— duties of Gram Panchayat.
(a) undertake execution of any scheme including schemes relating to employment generation, performance of any Act or management of any institution or organization entrusted to it or devolved on it by the State Government or by any other authority with the approval of the State Government;
(b) manage or maintain any work of public utility or any institution vested in it or transferred to it for management and control;
(c) perform such other functions as the State Government may, by order, transfer to it or entrust upon it or devolve on it from time to time.
(2) If the State Government is of the opinion that a Gram Panchayat has persistently made default in the performance of any of the functions assigned to it or entrusted or devolved upon it under sub-section (1), the State Government may, after recording its reasons, withdraw such functions from such Grain Panchayat and assign or entrust or devolve such functions upon Panchayat Samiti having jurisdiction till a reconstituted Gram Panchayat is elected and starts functioning.".
Substitution of 10. For section 21 of the principal Act, the following section shall be substituted:-- section 21.
"Regulatory 21. (1) Subject to such conditions as may be prescribed, a Gram duties of Gram Panchayat shall, within its jurisdiction,-- Panchayat.
(a) accord permission for erection of new structure or new building or addition to any structure or building to prevent unplanned growth and to protect ambience;
(b) assess, impose and collect taxes, rates or fees leviable under this Act;
(c) make registration of running trade unless such trade or registration of such trade is prohibited under any other law for the time being in force;
(d) make registration of the vehicle other than the vehicle required to be registered under the Motor Vehicles Act, 1988;
(e) make registration of shallow or deep tube-wells fitted with motor driven pump sets, installed for irrigation and used for commercial purposes;
(0 make registration of birth and death occurring in the area;
(g) undertake control, management and administration of the Gram Panchayat Substitution of section 20.
59 of 1988 19] THE KOLKAIA ciAZETTF., FXTRAORDINARY. APRIL 25, 2007 [PART III — - The West Bengal Panchayat (Third Amendment) AO, 2006.
(Sections 11,12.)
Fund established under this Act:
(h) exercise control over employees (if the Gram Panchayat'.
(i) adopt measures for the relief of distress, destitute and infirm;
(j) provide for prevention of water logging and drainage of rain water;
(k) undertake preventive measures to control spread of epidemic;
(1) undertake protection and repair of buildings or other property vested in it;
(m) establish ferry ghat and manage and control ferries;
(n) establish and maintain crematorium and cremation ground;
(o) control eating places and enforce hygienic practices;
(p) maintain street lighting; and
(q) perform such other functions as may be transferred to it or deVolved upon it by the State Government".
Insertion of new 11. After section 21 of the principal Act, the following section shall be inserted:— section 21A.
Amendment of section 23.
"Complementary 21 A. In pursuance of the objectives laid down in sub-section (1) of duties of Gram section 19,a Gram Panchayat shall have powers to take measures for Panchayat.
improvement of quality of life and without prejudice to the generality of the aforesaid provision, shall undertake schemes and adopt measures relating to—
(a) participation of people in preparing development plan and awareness generation among people on their role in development;
(b) participation of people in all stages of implementation of development works;
(c) enhancement of livelihood opportunities for people;
(d) organizing voluntary workers for collective activities;
(e) organizing compaign against social evils like drinking, consumption of narcotics, dowry, child marriage, gender discrimination, and abuse of women and children;
(f) creating legal awareness among disadvantageous sections;
(g) maintenance of community assets;
(h) awareness building on civic responsibilities;
(i) promotion of co-operative movement and support to co-operative institutions;
(j) prevention of food adulteration;
(k) encouragement for consumptin of bio-gas;
(1) providing bathing and washing ghats; and
(m) construction of waiting sheds for travellers.".
12. Insub-section (2) of section 23 of the principal Act, after the second proviso, the following proviso shall be inserted:-- : - "Provided also that if the building plan contains proposal for construction of a structure for rain water harvesting on its roof, the Gram Panchayat shall allow a rebate in paying fee for permission under sub-section (1) to the applicant at such rate as may be determined by the State Government-.
PAP.T III] K01,KA FA GAZETTE,: EX I RAORDINARY, APR11. 25, 2007 The West Bengal Panchayat (Third Amendment) Act. 2006.
(Section 13. ) Insertion of new section 23A.
After section 23, the following section shall be inserted:— "Regulatibn 'ori' 23A: (1) No person shall erect, exhibit, fix or retain .upon or over advertisement.. any land, building, wall, hoarding, frame, post, tree, kiosk or structure any advertisement to public view in any manner whatsoever, visible from a public street or public--place, in any placewithin the area of a Gram Panchayat without the prior perinission in writing Of the owner of such land, building, wall, hoarding, frame, post, kiosk or structure: •
Provided that for the purpose of obtaining such permission, the person concerned shall apply in writing to the owner concerned stating, inter alio, the ptitpose and period of the advetisement proposed to he erected, exhibited, fixed or retained over such land, walljtoardirtg,„fratne,post, or ::,structure:
Provided further that no person shall, prior to obtaining such permission in writing, put any mark or sign by way of writing or painting on any building or wall proposed to be used for such advertisement:
ProVided also that on receipt of the permission of the owner, theperson concerned shall intimate the Pradhan through the Gram Pcinchayat with a copy of the letter of permission not less than seven working days before putting such, advertisement, display or campaign in place:
, •
Provided also that the :person concerned shall remove such advertisement immediately after the expiration of time limit and restore the place to its original position.
(2) Notwithstanding Anything contained in sub-section (1), if the owner of the land, building, wall hoarding, frame, post, kiosk or structure is of the opinion that any advertisement proposed in:terms of sub-section ( I ) shall permanently disfigure, damage or spoil such land, building, wall, hoarding, kiosk or structure or lead to environmental or vision pollution, he shall not accord permission referred to in sub-section (1).
(3) NotwithStanding anything contained in sub-section (1), no person shall be allowed to erect, exhibit, fix or retain any advertisement On any land, building, hoarding, frame, post, tree, kiosk or structure. belonging to, or is occupied, or used by, the. Central or State Goverminent or any local authority Or school dr college or hospital or nursing home or health centre or dispensary'or religious institution or transformer or water tank or water reservoir.
(4) _Every person, who proposes to exhibit, fix or retain any advertisement on any land, building, wall, hoarding, frame, poSt; tree, kiosk or structure any advertisement to public view in any manner whatsoever, visible from a. public street or any public place shall, prior to such erection, exhibition, fixation or retention or display to public view, pay such fee as may be pre:scribed under' clause (xvii) of sub-section (1) of section 47: •
Provided that no fee shall he leviable under clause (xvii) of sub-section (1) of . section 47 on any advertisement by the Central or State Government or any local authority or any political party or any mass organization.
(5) Whoever contravenes the provisions of sub-sections (I), (2) or (3) shall be guilty Of an offence and shall, on conviction, be punished with imprisonment for a term which may extend to six months and with fine not exceeding fifty thousand rupees:
Provided that the court may, in its order of conviction, direct that a part of the amount of fine realized under this sub-section shall be paid to the owner of the land, building, wall, hoarding, frame, post, kiosk or structure by way of compensation for taking down or removing the advertisement.
(6) Where any advertisement has been erected, exhibited, fixed or retained upon 2 I III KOLKAIA GAZETTE, EX•112AORDINARY. APRIL 25. 2007 III The West Bengal Panchayat t7Tiird Amendment) Act, 2006.
(Sections 14. 15.)
or over any land, building, wall, hoarding. frame, post, kiosk or structure or displayed to public view from a public street or public place in contravention of the provisions of sub-sections (1). (2) or (3) for the benefit of some other person, or a company, or any political party, or a mass organization, then such other persons and every president.
chairman, director, partner, manager. secretary, agent or any other person, who was in charge of, and was responsible to, such company, political party or mass organization shall be deemed to be guilty of the offence and shall be liable to be proceeded and punished accordingly:
Provided that nothing contained in this sub-section shall render such other person, president, chairman, director, partner. manager, secretary, agent or any other person who was in charge of, and was responsible to, such company, political party or mass organization, liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised due diligence to prevent the commission of such offence.
Explanation.—In this section, unless the context otherwise requires,—
(a) "advertisement" includes any legend, glow sign hoard, bill hoard, festoon, poster, cutout, banner or flag for display, as well as the advertisement as may be exhibited by means of cinematograph, and any message in writing or by decoration, lettering, ornamentation or painting of picture;
(b) "company" means any body corporate, and includes a firm or other association of individuals;
(c) "person" includes any political party, mass organization, firm, association or company;
(d) "mass organization" means any registered trade union, registered workers' organization or youth organization or women's organization or parents' organization or students' organization or traders' organization or any other organization including registered club working for the collective interest of the people or a specified group of people;
(e) "political party" means political party, as defined in clause (0 of section 2 of the Representation of the People Act, 1951, and includes an independent 43 of 1951.
candidate contesting an election to the parliament or the State Legislature or a Municipality or a Panchayat.
14. In the proviso to section 41 of the principal Act, for the words "the State Government", the words "the prescribed authority" shall be substituted.
15. In section 97 of the principal Act,—
(1) for sub-clause (i) of clause (h). the following sub-clause shall be substituted:— "(i) he has been convicted by a court--- (A) of an offence punishable with imprisonment for a period of more than six months involving moral turpitude or involving any • other cognizable offence, or
(13). of an offence under Chapter IXA of the Indian Penal Code, 45 of 1860.
1860, or (C) under section 3 or section 9 of the West Bengal Local Bodies West Ben. Act X (Electoral Offences and Miscellaneous Provisions) Act, 1952, of 1952.
and five years have not elapsed from the date of the expiration of the sentence:
Amendment of section 41.
Amendment of section 97.
i fit: KOLKATA GAZ.F.TTF. EXTRAORDINARY, APRIL 2.5, 2007 [22 I'nTzr III) The West Bengal Panchayat (Third Amendment) Act, 2006.
(Sections 16. 17.)
Substitution of section 99.
Amendment of section 100.
Provided that such conviction by a lower court shall remain in operation unless an appellate court has stayed the operation of the order of the court, which has convicted the person; or";
(2) after clause (i), the following clause shall be inserted :
"(ia) he has been removed from office under clause (h) of sub-section • (1) of section 100 at any time during the last six years; or".
16. For section 99 of the principal Act, the following section shall be substituted:— "Resignation of •
99. (I) (a) The Sabhapati of a Panchayat Samiti may resign his Sabhapati or Sahakari Sahhapati or member.
Sahhapati.
office by notifying in writing his intention to do so to the Sahakari
(b) The Sahakari Sahhapati or a member of a Panchayat Samiti may resign his office, by notifying in writing his intention to do so to the Sahhapati.
(2) The Panchayat Samiti shall, on receipt of the letter of resignation under sub-section (1), forward a copy of it to the prescribed authority for information.
(3) On receipt of a letter of resignation under sub-section (1), —
(a) in case of resignation of the Sahhapati, the Sahakari Sahhapati shall place it in the next meeting of the Panchayat Samiti for acceptance;
(b) in case ofresignation of the Sahakai Sabhapati, the Sahhapati shall place it in the next meeting of the Panchayat Samiti for acceptance;
(c) in case of resignation of the member, the Sabhapati shall place it in the next meeting of the Artha Sanstha Unnayan 0 Parikalpana Sthayee Samiti for acceptance.
(4) On acceptance of a resignation in terms of sub-section (3), the Sahhapati, the Sahakari Sahhapati or the member, as the case may be, shall be deemed to have vacated his office:
Provided that in case of acceptance of resignation of a member, the matter shall be mentioned in the next meeting of the Panchayat Samiti.
(5) When a resignation is accepted under sub-section (3), the Panchayat Samiti shall immediately communicate it to the prescribed authority, who shall take appropriate action to fill up the vacancy, ---
(a) in case such vacancy is in the office of Sabhapati or Sahakari Sabhapati, in accordance with the provisions of section 102;
(b) in case such vacancy is in the office of a member of the Panchayat Samiti, in accordance with the provisions of section 103.".
17. In sub-section (1) of section 100 of the principal Act, --
(1) for clause (a), the following clause shall be substituted: -- "(a) if after his election he is convicted by a criminal court of an offence punishable with imprisonment for a period of more than six months involving moral turpitude or involving any other cognizable offence;
or";
(2) after clause (e), the following clauses shall be inserted:---- "(f) if he does not make and subscribe an oath or affirmation before the competent authority under section 197 within six months from the date of his election; or if at the time of his election he was not a citizen of India and his (g) --)31 IIIE KOI.KAIA GAZETTE, EXTRAORDINARY, APRIL 25,2007 . . _ .
The West Bengal Panchayat (Third Amendment) Act, 2006.
(Sections 18 - 21.)
[PArrr Ill Amendment of section 109.
Amendment of section 119.
name has since been deleted on that ground from the electoral roll in force pertaining to the area comprised in that Panchayat Samiti, by the Electoral Registration Officer: or
(h) if at the time of his election he was not a member of any of the Scheduled. Castes or the Scheduled Tribes and the Scheduled Caste Or the Scheduled Tribe certificate produced by him at the time of nomination has since been cancelled by the competent authority:";
(3) the following proviso shall be added at the end:
"Provided that without prejudice to the action taken under clause (0 or clause (g), the person concerned may also be proceeded against in terms of the provisions of the Indian Penal Code, 1860.". 45 of 1860.
18. In sub-section (1) of section 109 of the principal Act,
(1) after item (ii), the following item shall be inserted:
"(iii) implement schemes as may be drawn up in the annual plan by the Panchayat &mill, or as may be entrusted upon or transferred to or devolved upon it.";
(2) after clause (e), the following clause shall be inserted:— GC(f) perform such other functions as the State Government may, by order, transfer to it, or entrust upon it or devolved on it from time to time;".
19. For sub-section (IA) of section 119 of the principal Act, the following subsection shall be substituted:— "(1A) There shall be one or more Joint Executive Officer for every Panchayat Samiti and the Joint Block Development Officer or officers of the Block shall be the ex officio Joint Executive Officer or officers of the Panchayat Samiti. ".
20. In the proviso to section 128 of the principal Act; for 'the words "the State Government", the words "the prescribed authority" shall be substituted.
21. In section 142 of the principal Act,—
(1) for sub-clause (i) of clause (h), the following sub-clause shall be substituted:— Amendment of section 128.
Amendment of section 142.
"(i) he has been convicted by a court— (A) of an offence punishable with imprisonment for a period of more than six months involving moral turpitude or involving any other cognizable offence, or (B) of an offence under Chapter IXA of the Indian Penal Code, 1860, or (C) under section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952, and five years have not elapsed from the date of the expiration of the sentence :
Provided that such conviction by a lower court shall remain in operation unless an appellate court has stayed the operation of the order of the court, which has convicted the person; or";
(2) after clause (i), the following clause shall be inserted: — West Ben. Act X of 1952.
ter
PART WI TI 117, KOEKATA GAZETTE, EXTRAORDINARY, A PR 2:5. 2(107 [24 The TVest Bengal Panchayat (Third AnientMtent) Act. 2(106.
(Sections 22. 23.)
Amendment of section 144.
Amendment of section 145.
"(ia) he has been removed from office under clause (h) of sub-section ( 1) of section 145 at any time during the last six years: or".
22. For section 144 of the principal Act, the following section shall be substituted: — "Resignation of 144. (1) (a) The Sahhadhipati may resign his office by notifying in Sahhadhipati or . . writing his intention to do so to the Sahakari Sabhadhipati. Sahakari Sabhadhipati or member.
(h) The Sahakari Sabhadhipati or a member of a Zilla Parishad may resign his office by notifying in writing his intention to do so to the Sabhadhipati.
(2) The Zilla Parishad shall, on receipt of the letter of resignation under subsection (1), forward a copy of it to the prescribed authority for information.
(3) On receipt of a letter of resignation under sub-section (1). ---
(a) in case of resignation of the Sahhadhipati, the Sahakari Sabhadhipati shall place it irtthe next meeting of the Zilla Parishad for acceptance;
(b) in case of resignation of the Sahakari Sahhadhipati, the Sabhadhipati shall place it in the next meeting of the Ma Parishad for acceptance;
(c) in case of resignation of the member, the Sabhadhipati shall place it in the next meeting of the Artha ,S'anstha Unnayan 0 Parikalpana Sthayee Sarni,' for. acceptance.
(4) On acceptance of a resignation in terms of sub-section (3), the Sahhadhipati, the Sahakari Sahhadhipati or the member, as the case may be, shall be deemed to have vacated his office:
Provided that in case of acceptance of resignation of a member, the matter shall be mentioned in the next meeting of the Zilla Parishad.
(5) When a Tesignation is accepted under sub-section (3), the Zilla Parishad shall immediately communicate it to the prescribed authority, who shall take appropriate action to fill up the vacancy, —
(a) in case such vacancy is in the office of Sabhadhipati or Sahakari Sabhadhipati, in accordance with the proviSions of section 147;
(b) in case such vacancy is in the office of a member of the Zilla Parishad, in accordance with the provisions of section 148.".
23. In sub-section (1) of section 145 of the principal Act, --
(1) for clause (a), the following clause shall be substituted: -- "(a) if after his election he is convicted by a criminal court of an offence punishable with imprisonment for a period of more than six months involving moral turpitude or involving any other cognizable offence;
or";
(2) after clause (e), the following clauses shall be inserted: — "(f) if he does not make and subscribe at, oath or affirmation before the competent authority under section 197 within six months from the date of his election; or
(g) if at the time of his election he was not a citizen of India and his name has since been deleted on that ground from the electoral roll in force 'pertaining to the area comprised in that Zilla Parishad, by the Electoral Registration Officer; or
(h) if at the time of his election he was not a member of any of the ti THE ICOLKATA GAZETTE, EXTRAORDINARY, APRIL 25. 2007 [PAR" Ill The West Bengal Panchayat (Third Amendment) Act, 2006. • - (Sections 24 - 29.)
Amendment of section 153.
Amendment of section 166.
Amendment of section 175.
Insertion of new section 191A.
Amendment of .
section 207A.
Amendment of section 207B.
Schedule Castes or the Scheduled Tribes and the Scheduled Caste or the Scheduled Tribe certificate produced by him at the time of nomination has since been cancelled by the competent authority:";
(3) the following proviso shall he added at the end:--- "Provided ;.hat without prejudice to the action taken under clause (0 or clause (g), the person concerned may also be proceeded against in terms of the provisions under the Indian, Penal Code, 1860.". 45 of 1560.
24. in sub-section (1) of section 153 of the principal Act,—
(1)' after item (ii), the following item shall be inserted:— "(iii) implement schemes as may be drawn up in the annual plan by the Zilla Parishad, or as may be entrusted upon or transferred to or devolved upon it.";
(2) after clause (e), the following clause shall be inserted:- - "(0 perform such other functions as the State Government may, by order, transfer to it. or entrust upon it or devolve on it from time to time;".
25. In sub-section (I A) of section 166 of the principal Act, for the words "ail Additional Executive Officer", the words "one or more Additional Executive Officer" shall be substituted.
26. In the proviso to section 175 of the principal Act, for the words "the State Government" , the words "the prescribed authority" shall be substituted.
27. After section 191 of the principal Act, the following section shall be inserted:— "Laying of audit 191A. The audit reports of the Grain Panchayats, the Panchayat Samitis report. and the Zilla Parishads along with the action taken reports for every year shall, as soon as may be after it is received by the State Government, be laid before the State Legislature.".
28. In sub-section (1) of section 207A of the principal Act, for the words "the State Government shall, subject to such conditions as it may deem fit to impose,", the words "the concerned department of the State Government shall, on prior consultation with the Panchayat and Rural Development Department of this Government and subject to such conditions as it may deem fit to impose," shall be substituted.
29. In sub-section (2) of section 207B of the principal Act, for the words "the State Government", the words "concerned department of the State Government, on prior consultation with the Panchayat and Rural Development Department of this Government," shall be substituted.
By order of the Governor, S. K. CHAKRABARTI, Secy. to the Govt. of West Bengal, Law Department.
Published by the Controller of Printing& Stationary, West Bengal and printed by Asstt. Supdt. at "Secretary to the Governor's Press, Raj Bhavan, Kolkata".
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