Registered No. WBISC-247 No.

WB(Part-Ill)/2010/SAR-ll

1kolkata
it l{Jlqvfl@"
Extraordinary
Published by Authority
VAISAKHA 23] THURSDAY, MAY 13, 2010 [SAKA 1932

PART III-Acts of the West Bengal Legislature.

GOVERNMENT OF WEST BENGAL

LAW DEPARTMENT

Legislative

NOTIFICATION

No. 651-L.-13th May, 2010.-The following Act of the West Bengal Legislature, having been assented to by
the Governor, is hereby published for general information:-

West Bengal Act VIII of 2010

THE WEST BENGAL PANCHAYAT
(AMENDMENT) ACT, 2010.

[Passed by the West Bengal legislature.]

[Assent of the Governor was first published in the Kolkata Gazette,
Extraordinary, of the 13th May, 2010.]
An Act to amend the West Bengal Panchayat Act, 1973.
WHEREAS it is expedient to amend the West Bengal Panchayat Act, 1973, for West Ben. Act
XLI of 1973.
the purposes and in the manner hereinafter appearing;
It is hereby enacted in the Sixty-first Year of the Republic of India, by the
Legislature of West Bengal, as follows:-
Short title and
commencement.
1. (1) This Act may be called the West Bengal Panchayat (Amendment) Act,
2010.
(2) It shall come into force on such date or dates as the State Government may,
by notification in the Official Gazette, appoint and different dates may be appointed
for different sections.
 2 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 13, 2010 (PART ill

The West Bengal Panchayat (Amendment) Act, 2010.

(Sections 2-4.)

Amendment of 2. In section 2 of the West Bengal Panchayat Act, 1973 (hereinafter referred to
section 2 of
West Ben. Act as the principal Act),-
XLIof 1973.
(1) after clause (Sa), the following clause shall be inserted:-
'(8b) "Executive Assistant" of a Gram Panchayat means an Executive
Assistant appointed as such in a Gram Panchayat under sub
section (2) of section 35;';
(2) clause (12a) shall be renumbered as clause (12b) and before clause (12b)
as so renumbered the following clause shall be inserted:-
'(l 2a) "Leader" in a Panchayat relating to a recognized political party
means a Leader selected as such within the concept and meaning
of sub-section (3) of section 213A;';
(3) in clause (19), for the words "for all or any of the purposes", the
words "for any one or more purposes" shall be substituted;
(4) clause (26A) shall be renumbered as clause (26AA) and before clause
(26AA) as so renumbered the following clause shall be inserted:
'(26A) "Secretary" of a Gram Panchayat means a Secretary
appointed as such in a Gram Panchayat under sub-section (2)
of section 35;'.
Amendment
of section 7. 3. Tosub-section (2) of section 7 of the principal Act, the following proviso
shall be added:-
"Provided that if the first meeting of the newly-formed Gram Panchayat cannot
be held before the expiry of the period of five years under sub-section (l), the State
Government may, by order, 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 Gram Panchayat under this Act or any other law for the time being
in force, for a period not exceeding three months at a time or until the date on which
such first meeting of the newly-formed Gram Panchayat is held, whichever is
earlier.".
Substitution of
new section for
section 10. 4. For section IOof the principal Act, the following section shall be substituted:-
"Resignation of 10. (l) The Pradhan or the Upa-Pradhan or any other member
Pradhan or Upa-
Pradhan or of a Gram Panchayat may resign his office by notifying in writing
member. his intention to do so, preferably mentioning the reasons for his
resignation and also his present postal address for further communication, to the
prescribed authority.
(2) On receipt of the letter under sub-section (1), the prescribed authority shall
issue within three daysa letter by registered post to the person tendering
suchresignation, requesting him to appear in person before the prescribed authority
within seven days from the date of receipt of such letter for a hearing on the
resignation tendered.
(3) During the hearing held under sub-section (2), the prescribed authority shall
ascertain whether the resignation has been tendered under own volition of the person
and also whether such person intends to withdraw his letter of resignation.
(4) The prescribed authority shall pass a reasoned order and either allow such
person to withdraw in writing the letter of resignation instantly or accept
theresignation tendered with immediate effect:
Provided that if such person does not appear in the hearing without any form
of communication to the prescribed authority, the letter of resignation tendered by
him shall be treated as wilful resignation and the prescribed authority shall accept it
forthwith.
PART Ill] THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 13, 2010 3

The West Bengal Panchayat (Amendment) Act, 2010.

(Section 5.)

(5) When the resignation is accepted under sub-section (4), the relevant office
shall stand vacated from the date of such acceptance and an intimation in writing
shall be sent by the prescribed authority within next three working days to the
Executive Assistant of the Gram Panchaya.t or in his absence to the person
officiating in the post as well as to the person tendering resignation directing him to
make over charges of his office within next five working days to the person as may be
mentioned in the letter or if no person is so mentioned, to relinquish the charges
within the aforesaid period in writing addressed to the Executive Assistant with a
copy endorsed to the prescribed authority and also to hand over to the Executive
Assistant all documents, registers, seals, assets and cash, if any, owned by the Gram
Panchayat or any Gram Unnayan Samiti, which are in his custody.
(6) The entire process of acceptance of resignation and intimating the person
concerned shall be completed within thirty days from the date of receipt of such letter
of resignation by the prescribed authority.".

Substitution of 5. Forsection 12 of the principal Act, the following section shall besubstituted:-
new section for
section 12. "Motion of no
confidence or 12. (1) Subject to other provisions of this section, the Pradhan
removal of or the Upa-Pradhan of a Gram Panchayat may, at any time, be
Pradhan or
Upa Pradhan. removed from his office by the majority of the existing members of
the Gram Panchayat, referred to in clause (i) of sub-section (2A) of
section 4, expressing their lack of confidence against the Pradhan or the Upa-
Pradhan or recording their decision to remove the Pradhan or the Upa-Pradhan, at a
meeting specially convened for the purpose.
(2) For the purpose of removal of the Pradhan or the Upa-Pradhan, one-third
of the existing members referred to in sub-section (1) subject to a minimum of three
members shall sign a motion in writing expressing their lack of confidence against
the Pradhan or the Upa-Pradhan or recording their intention to remove the Pradhan
or the Upa-Pradhan, indicating party affiliation or independent status of each of such
members and either deliver the motion in person through any of the members or send
it by registered post to the prescribed authority; one copy of the motion shall be
delivered to the concerned office bearer either by hand or by registered post at the
Gram Panchayat office and another copy shall be sent by registered post at his
residential address.
(3) The prescribed authority on receipt of the motion shall satisfy himself that
it conforms to the requirements of sub-section (2) and on his satisfaction shall
specially convene, by issue of notice, within five working days of the receipt of
the motion, a meeting of the Gram Panchayat to be held in its office fixing date and
hour of the meeting and sending such notice at least before clear seven days toeach of
its existing members for consideration of the motion and for taking a decision on
it.
(4) The meeting referred to in sub-section (3) shall be held on a working day
which shall not be later thanfifteen working days from thedate of receipt of the
motion by the prescribed authority and the meeting so convened shall not be
adjourned or cancelled except in pursuance of an order or direction of a competent
court or for any other reason beyond control of the prescribed authority.
(5) Such meeting shall be presided over by an officer, as may be authorized by
the prescribed authority, in the manner as may be directed by order by the State
Government or as may be prescribed and the presiding officer before commencement
of the meeting shall ensure that notice has been duly served to every member in the
manner laid down in this behalf; quorum required for such meeting shall be more
than fifty percent of the existing members referred to in sub-section (1) and the
presiding officer shall not be entitled to vote at the meeting although he may advise
on one or more points of law without expressing his own views.
4 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 13, 2010 [PART ill

The West Bengal Panchayat (Amendment) Act, 2010.

(Sections 6, 7.)

(6) lf there is no consensus decision in the meeting, voting shall be held by open
ballot wherein each participating member shall put his full signature or his left thumb
impression to be attested by the leader, referred to in section 213A, of the same
political party to which the member belongs or by the said presiding officer on the
reverse side of the ballot paper.
(7) The minutes of the meeting shall be written by theSecretary or in
hisabsence, by any other official as authorized by the presiding officer. Such minutes
shall record in brief names of the members present, the procedure followed, names of
the members who voted for or against the motion and the decision adopted
unanimously or by the majority of its existing members and shall be signed by him as
well as by the presiding officer.
(8) After the minutes of the meeting is signed by the presiding officer, it shall
be read over to all the attending members who shall thereafter put their signatures
or left thumb impressions, as the case may be, on the minutes in confirmation of the
proceedings recorded. Then the presiding officer shall again put his signature on the
same document after recording the names of members, if any, who have declined to
sign or left earlier and thereafter be shall collect a copy of the minutes before leaving
the premises.
(9) (a) The Executive Assistant or in his absence the Secretary of the Gram
Panchayat shall, within three working days of the meeting, forward a copy of the
minutes of the meeting to the prescribed authority.
(b) The presiding officer shall also submit a separate report in writing alongwith
a copy of the minutes of the meeting within the aforesaid time to the prescribed
authority.
(10) On receipt of the minutes of the meeting and the report under sub-section
(9), the prescribed authority shall, within next five working days, take such action as
he may deem fit and the entire process commencing from submission of motion to
the prescribed authority upto the action finally taken by him shall becompleted within
thirty days.
(11) If the motion is not carried by the majority of its existing members or the
meeting cannot be held for want of quorum, no notice of any subsequent motion for
the removal of the same office bearer shall be taken into cognizance within a period
of one year from the date appointed for such meeting.
(12) Notwithstanding anything contained insub-section (1), nomeeting for
removal of the Pradhan or the Upa-Pradhan under this section shall be convened
within a period of one year from the date of election of the Pradhan or the Upa-
Pradhan either at the first meeting following reconstitution of Gram Panchayat or for
filling casual vacancy in the said office.".

Amendment of
section 16. 6. In section 16 of the principal Act,-
(1) the third proviso to sub-section (1) shall be omitted;
(2) in sub-section (4), for the second proviso, the following proviso shall be
substituted:-
"Provided further that in case of any requisitioned meeting the
person presiding shall have no second or casting vote.".
Amendment of
section 16A. 7. To clause (b) of sub-section (6) of section 16A of the principal Act, the
following proviso shall be added:-
PART III] THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 13, 2010 5

The West Bengal Panchayat (Amendment) Act, 2010.

(Sections 8-12.)

"Provided that without prejudice to the tenns and conditions laid down in the
guidelines relating to a poverty alleviation programme in which beneficiaries are
selected noton the basis of entitlement or demand but using discretion of the
Panchayat body concerned, the implementing agency shall take steps to ensure that
as nearly as possible three percent of the total number of beneficiaries for such
programme shall constitute people with any form of disability.".

Amendment of
section 16B. 8. To sub-section (2) of section 16B of the principal Act, the following proviso
shall be added:-
"Provided that a Gram Panchayat may, in addition to the annual meeting, hold
extraordinary meeting of a Gram Sabha at any time if the situation so warrants or
if the State Government, by order, so directs and for the purpose of holding such
extraordinary meeting, provision of this section shall apply.".
Amendment of
section 17A. 9. In clause (a) of sub-section (1) of section 17A of the principal Act, after sub
clause (ii), the following sub-clauses shall be inserted:-
"(iii) the annual work plan finally approved and adopted for the current year;
(iv) the annual budget finally approved and adopted for the current year;".
Amendment of
section 19. 10. In section 19 of the principal Act,
(1) in sub-section (2),-
(a) in clause (t), after the words "introduction of new crop", the words
"and improved agronomic practices" shall be inserted;
(b) in clause (i), for the words "new project'', the word "project" shall
be substituted;
(2) in sub-section (3),-
(a) after the words "recommendations of a Gram Sansad relating to",
the words "a programme or work proposed," shall be inserted;
(b) for the words "immediately communicated to the Gram Unnayan
Samiti for placing it", the word "placed" shall be substituted.
Amendment of
section 20. 11. In sub-section (2) of section 20 of the principal Act,-
(l) the words"and assign or entrust or devolve such functions upon
Panchayat Samiti having jurisdiction till a reconstituted Gram
Panchayat is elected and starts functioning." shall be omitted;
(2) the following proviso shall be added:-
"Provided that theState Government shall, before makingsuch order
of withdrawal, give the Gram Panchayat an opportunHy of making a
representation against the proposed order.".
Amendmentof
section 21. 12. In section 21 of the principal Act,
(1) in clause (i),-
(a) for the word "distress", the word "distressed" shall be substituted;
(b) after the word "infirm", the word "persons" shall be inserted;
(2) in clause (l), for the word "property", the word "properties" shall be
substituted.
6 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 13, 2010 [PART ill

The West Bengal Panchayat (Amendment) Act, 2010.

(Sections I3, 14.)

Amendment
of section 13. In section 21A of the principal Act,-
21A.
(1) in clause (d), for the word "collective", the word "community" shall be
substituted;
(2) in clause {l), for the words "ghats; and", the word "ghats;" shall be
substituted;
(3) after clause (m), the following clauses shall be inserted:-
"(n) promotion of enterprises for building non-conventional energy
sources;
(o) motivation and spreading awareness on environmental and social
issues; and
(p) detection of unlawful practices in trade and business and sharing
such information with the appropriate authority.".

Amendment of 14. In section 32A of the principal Act,

section 32A.
(1) in clause (d) of sub-section (3),-
(a) after the words "the Artha O Parikalpana Upa-Samiti shall have",
the words "the leader of the recognised political party in
opposition having largest number of members in the Gram
Panchayat and" shall be inserted;
(b) the following proviso shall be added:-
"Provided that when in a Gram Panchayat, there is a single
member in opposition affiliated to a recognised political party, he
shall become such member of the said Upa-Samiti and incase,
there is no member in opposition affiliated to any recognised
political party, the independent member in opposition who is
seniormost in age or, when there is only one independent member
in opposition,
the said member shall become such member of the said Upa
Samiti.";
(c) the following Explanations shall be inserted:-
"Explanation 1.-For the purpose ofthis clause, a member of
the Gram Panchayat shall be considered a member in opposition
if in the election of the Pradhan under section 9, he did not cast
his vote in favour of the winning candidate or has abstained
himself from casting his vote in the said election.
Explanation 1/.-If two or more recognized political parties
have equal number of members elected to the Gram Panchayat,
the leaderof the recognized political party placed higher in
thesequential arrangement in the relevant notification issued by the
Election Commission of India shall be chosen as such
member.";
(2) for sub-section (5), the following sub-section shall be substituted:-
"(5) Subject to such provision as may be prescribed and without
prejudice to the general control and authority of Gram Panchayat, the
Upa-Samiti shall devise its own procedure for holding the meetings and
for performing functions as may be assigned to it.";
(3) after sub-section (7), the following sub-section shall be inserted:
"(8) When a vacancy occurs in the office of a Sanchalak or a
member of an Upa-Samiti by resignation, death, removal or otherwise,
the members of the Upa-Samiti shall elect another Sanchalak or the
PART ill] THE KOLKATA GAZEl'IE, EXTRAORDINARY, MAY 13, 2010 7

The West Bengal Panchayat (Amendment) Act, 2010.

(Sections 15-17.)

members of the Gram Panchayat shall elect another member, as the case
may be, in the prescribed manner, and the Sanchalak or the member
so elected shall hold office for the unexpired portion of the term of the
office of the person in whose place he is elected.".

Amendment 15. In section 45 of the principal Act,-

of section 45.
(1) insub-section (2),forclause(c), the following clause shall besubstituted:-
"(c) subject to such direction as may be issued, by order, by the State
Government, thecost of itsownadministrationincluding the
payment of salary and allowances of the employees, commission
and allowances of the Tax Collectors and remuneration and
honoraria of the elected functionaries.";
(2) in sub-section (5), in the second proviso,-
(a) after thewords"the State Government may,", the words"by framing
rules or" shall be inserted;
(b) after the words "conditions as may be specified", the words "in the
rules or" shall be inserted.

Amendment of 16. To sub-section (2) of section 96 of the principal Act, the following proviso
section 96.
shall be added:-
"Provided that if the first meeting of the newly-formed Panchayat Samiti cannot
be held before the expiry of the period of five years under sub-section (1), the State
Government may, by order, 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, for a period not exceeding three months at a time or until the date on which
such first meeting of the newly-formed Panchayat Samiti is held, whichever is
earlier.".
Substitution of
new section
for 17. Forsection 99 of the principal Act, the following section shall besubstituted:-
section 99.
"Resignation 99. (1) The Sabhapati or the Sahakari Sabhapati or any other
of SabhapaJI
or Sahalwri member of a Panchayat Samiti may resign his office by notifying
Sabhapoti ora in writing his intention to do so mentioning the reasons for his
member.
resignation and also his present postal address for further
communication, to the prescribed authority.
(2) On receipt of the letter under sub-section (1), the prescribed authority
shall issue within threedaysa letter by registered post to the person tendering such
resignation, requesting him to appear in person before the prescribed authority within
seven days from the date of receipt of such fetter for a hearing on the resignation
tendered.
(3) During the hearing held under sub-section (2), the prescribed authority shall
ascertain whether the resignation has been tendered under own volition of the person
and also whether such person intends to withdraw his letter of resignation.
(4) The prescribed authority shall pass a reasoned order and either allow such
person to withdraw in writing the letter of resignation instantly or accept
theresignation tendered with immediate effect:
Provided that if such person does not appear in the hearing without any form
of communication to the prescribed authority, the letter of resignation tendered by
him shall be treated as wilful resignation and the prescribed authority shall accept it
forthwith.
8 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 13, 2010 [PART
Ill

The West Bengal Panchayat (Amendment) Act, 2010.

(Section 18.)

(5) When the resignation is accepted under sub-section (4), the relevant office
shall stand vacated from the date of such acceptance and an intimation in writing
shall be sent by the prescribed authority within next three working days to the
Executive Officer of the Panchayat Samiti or in his absence to the person officiating
in the post as well as to the person tendering resignation directing him to make over
charges of his office within next five working days to the person as may be
mentioned in the letter or if no person is so mentioned, to relinquish the charges
within the aforesaid period in writing addressed to the Executive Officer with a copy
endorsed to the prescribed authority and alsoto hand over to the Executive Officer or
any other officer, so authorized by him, all documents, registers, seals and assets,
owned by the Panchayat Samiti which are in his custody.
(6) The entire process of acceptance of resignation and intimating the person
concerned shall be completed within thirty days from the date of receipt of such letter
of resignation by the prescribed authority.".

Substitution of 18. Forsection 10I of the principal Act, the following section shall besubstituted:-
new section for
section IOI. "Motion of 101. (1) Subject to other provisions of this section the
no confidence
or removal Sabhapati or the Sahakari Sabhapati of a Panchayat Samiti may, at
of Sabhapati any time, be removed from his office by the majority of the existing
or Sahakari
Sab/zapati. members of the Panchayat Samiti, referred to in clause (ii) of sub-
section (2) of section 94,expressing their lack of confidence against
theSabhapati
or the Sahakari Sabhapati or recording their decision to remove the Sabhapati or the
Sahakari Sabhapati, at a meeting specially convened for the purpose.
(2) For the purpose of removal of the Sabhapati or the Sahakari Sabhapati, one
third of the existing members referred to in sub-section (1) shall sign a motion in
writing expressing their lack of confidence against the Sabhapati or the Sahakari
Sabhapati or recording their intention to remove the Sabhapati or the Sahakari
Sabhapati, indicating party affiliation or independent status of each of such members
and either deliver the motion in person through any of the members or send it by
registered post to the prescribed authority; one copy of the motion shall be delivered
to the concerned office bearer either by hand or by registered post at the Panchayat
Samiti office and another copy shall besent by registered post at his residential
address.
(3) The prescribed authority on receipt of the motion shall satisfy himself
that it conforms to the requirements of sub-section (2)and on hissatisfaction shall
specially convene, by issue of notice, within five working days of the receipt of
the motion, a meeting of the Panchayat Samiti to be held in its office fixing date
and hour of the meeting and sending such notice at least before clear seven days
toeach of its existing members for consideration of the motion and for taking a
decision on it.
(4) The meeting referred to in sub-section (3) shall be held on a working day
which shall not be later than fifteen working days from the date of receipt of the
motion by the prescribed authority and the meeting so convened shall not be
adjourned or cancelled except in pursuance of an order or direction of a competent
court or for any other reason beyond control of the prescribed authority.
(5) Such meeting shall be presided over by an officer, as may be authorized by
the prescribed authority, in the manner as may be directed by order by the State
Government or as may be prescribed and the presiding officer before commencement
of the meeting shall ensure that notice has been duly served to every member in the
manner laid down in this behalf; quorum required for such meeting shall be more than
fifty percent of the existing members referred to in sub-section (1) and the presiding
officer shall not be entitled to vote at the meeting although he may advise on one or
more points of law without expressing his own views.
PART ill] THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 13, 2010 9

The West Bengal Panchayat (Amendment) Act,

2010. (Section 19.)

(6) If there is no consensus decision in the meeting, voting shall be held by open
ballot wherein each participating member shall put his full signature or his left thumb
impression to be attested by the leader, referred to in section 213A, of the same
political party to which the member belongs or by the said presiding officer on the
reverse side of the ballot paper.
(7) The minutes of the meeting shall be written by theSecretary or in his
absence, by any other official as authorized by the presiding officer. Such minutes
shall record in brief names of the members present, the procedure followed, names of
the members who voted for or against the motion and the decision adopted
unanimously or by the majority of its existing members and shall be signed by him
as well as by the presiding officer.
(8) After the minutes of the meeting is signed by the presiding officer, it shall
be read over to all the attending members who shall thereafter put their signatures
or left thumb impressions as the case may be on the minutes in confirmation of the
proceedings recorded. Then the presiding officer shall again put his signature on the
same document after recording the names of members, if any, who have declined to
sign or left earlier and thereafter he shall collect a copy of the minutes befQre leaving
the premises.
(9) (a) The Executive Officer or in his absence, the Joint Executive Officer of
the Panchayat Samiti shall, within three working days of the meeting, deliver the
copy of the minutes of the meeting to the prescribed authority.
(b) The presiding officer shall also submit a separate report in writing alongwith
a copy of the minutes of the meeting within the aforesaid time to the prescribed
authority.
(10) On receipt of the minutes of the meeting and the report under sub
section (9), the prescribed authority shall take such action as he may deem fit within
next five working days and the entire process commencing from submission of
motion to the prescribed authority upto the action finally taken by him shall be
completed within thirty days.
(11) If the motion is not carried by the majority of its existing members or the
meeting cannot be held for want of quorum, no notice of any subsequent motion for
the removal of the same office bearer shall be taken into cognizance within a period
of one year from the date appointed for such meeting.
(12) Notwithstandinganything contained insub-section (1),nomeeting for removal
of the Sabhapati or theSahakari Sabhapati under thissection shall beconvened within
a period of one year from the date of election of the Sabhapati or the Sahakari
Sabhapati either at the first meeting following reconstitution of Panchayat Samiti or
for filling a casual vacancy in the said office.".

Amendment of
section 105. 19. In section 105 of the principal Act,-
(1) the third proviso to sub-section (1) shall be omitted;
(2) in sub-section (4), for the second proviso, the following proviso shall
be substituted:-
"Provided further that in case of any requisitioned meeting the
person presiding shall have no second or casting vote.".
 TIIE KOLKATA GAZEl'IE, EXTRAORDINARY, MAY 13, 2010 [PART ill

The West Bengal Panchayat (Amendment) Act, 2010.

(Sections 20-23.)
Amendment of
section 109.
20. To sub-clause (ii)of clause (a) of sub-section (1) of section 109of the
principal Act, the following proviso shall be added:-
"Provided that without prejudice to the terms and conditions laid down in the
guidelines relating to a poverty alleviation programme in which beneficiaries are
selected noton the basis of entitlement or demand but using discretion of the
Panchayat body concerned, the implementing agency shall ta1ce steps to esure that as
nearly as possible three percent of the total number of beneficiaries for such
programme shall constitute people with any form of disability.".
Amendment of
section 119. 21. For sub-section (I) of section 119 of the principal Act, the following sub
section shall be substituted:-
"(!) (a) There shall be an Executive Officer for every Panchayat Samiti and
the Block Development Officer shall be such Executive Officer ex-officio.
(b) If a Panchayat Samiti is of theopinion that its Executive Officer is
consistently failing in discharging his duties and responsibilities in accordance with
law, it may pass a resolution in a meeting specially convened for the purpose,
supported by the majority of the existing members referred to in sub-section (2) of
section 94 and shall bring the matter to the notice of theDistrict Magistrate with a
request to ta1ceappropriate remedial measures within one month from the date
ofcommunication of such resolution.
(c) If the PanchayaJ Samiti feels that no action has been taken by the District
Magistrate to remedy the situation or the action so far ta1cen has not improved the
situation within the next two months, the Panchayat Samiti may, at a
meetingspecially convened for the purpose, adopt a resolution supported by the
majority of the existing members referred to in clause (b) to recall the Executive
Officer adducing the reasons for such decision of the Panchayat Samiti andsuch
resolution shall be sent to the State Government with a copy to the District
Magistrate.
(d) On receipt of the resolution under clause (c), the State Government shall
enquire intothecircumstances andsatisfy itself about the justification of such
resolution before recalling such officer:
Provided that if after enquiry the State Government is not satisfied about the
propriety of recalling such officer, it may initiate procedure under section 209 to
Amend.men! of rescind the resolution.".
section 125.

22. To sub-section (1) of section 125 of the principal Act, after the second
proviso the following proviso shall be added:-
"Provided also that the Karmadhyaksha for Sishu O Nari Unnayan, Janakalyan
0 Tran Sthayee Samiti shall beelected from among the women members of the
Amendment of Sthayee Samiti.".
section 141.

23. To sub-section (2) of section 141 of the principal Act, the following
proviso shall be added:-
"Provided that if the first meeting of the newly-formed Zilla Parishad cannot be
held before the expiry of the period of five years under sub-section (1), the State
Government may, by order, 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 Zilla Parishad under this Act or any other law for the time
being in force, for a period not exceeding three months at a time or until the date on
which such first meeting of the newly-formed Zilla Parishad is held, whichever is
earlier.".
PART III) THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 13, 2010 11

The West Bengal Panchayat (Amendment) Act, 2010.

(Sections 24, 25.)

Substitution of
new section 24. Forsection 144of the principal Act, the followingsection shall besubstituted:-
for section
144. "Resignation of 144. (1) The Sabhadhipati or the Sahakari Sabhadhipati or any
= pa,;or other member of a Zilla Parishad may resign his office by notifying
Sabhadhipati or in writing his intention to do so, preferably mentioning the reasons
member.
for his resignation and also his present postal address for further
communication, to the prescribed authority.
(2) On receipt of the letter under sub-section (1), the prescribed authority shall
issue within three daysa letter by registered post to the person tenderingsuch
resignation, requesting him to appear in person before the prescribed authority within
seven days from the date of receipt of such letter for a hearing on the resignation
tendered.
(3) During the hearing held under sub-section (2), the prescribed authority shall
ascertain whether the resignation has been tendered under own volition of the person
and also whether such person intends to withdraw his letter of resignation.
(4) The prescribed authority shall pass a reasoned order and either allow such
person to withdraw in writing the letter of resignation instantly or accept
theresignation tendered with immediate effect
Provided that if such person does not appear in the hearing without any form
of communication to the prescribed authority, the letter of resignation tendered by
him shall be treated as wilful resignation and the prescribed authority shall accept it
forthwith.
(5) When the resignation is accepted under sub-section (4), the relevant office
shall stand vacated from the date of such acceptance and an intimation in writing shall
be sent by the prescribed authority within next three working days to the Executive
Officer of the Zilla Parishad or in his absence to the person officiating in the post
as well as to the person tendering resignation directing him to make over charges of
his office within next five working days to the person as may be mentioned in the
letter or if no person is so mentioned, to relinquish the charges within the aforesaid
period in writing addressed to the Executive Officer with a copy endorsed to the
prescribed authority and also tohand over to the Executive Officer or any other officer
so authorized by him within next seven days all documents, registers, seals and assets
owned by the Zilla Parishad which are in his custody.
(6) The entire process of acceptance of resignation and intimating the person
concerned shall be completed within thirty days from the date of receipt of such
resignation by the prescribed authority.".

Substitution
of newsection 25. Forsection 146of the principal Act, the following sectionshall besubstituted:-
for
section 146. "Motion of no
confidence or
146. (1) Subject to other provisions of this section, the
removal of Sabhadhipati or the Sahakari Sabhadhipati of the Zilla Parishad
Sabhadhipati or
Sahakari may, at any time, beremoved from hisoffice by the majority of the
Sabhadhipati. existing members of the Zilla Parishad, referred to in clause (ii) of
sub section (2)of section 140, expressing their lack of confidence
against
the Sabhadhipati or the Sahakari Sabhadhipati or recording their decision to remove
the Sabhadhipati or the Sahakari Sabhadhipati, at a meeting specially convened for
the purpose.
(2) For the purpose of removal of theSabhadhipati or theSahakari
Sabhadhipati, one-third of the existing members referred to in sub-section (1) shall
sign a motion in writing expressing their lack of confidence against the Sabhadhipati
or the Sahakari Sabhadhipati or recording their intention to remove the Sabhadhipati
or the Sahakari
12 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 13, 2010 [PART III

The West Bengal Panchayat (Amendment) Act,

2010. (Section 25.)

Sabhadhipazi, indicating party affiliation or independent status of each of such

members and either deliver the motion in person through any of the members or send
it by registered post to the prescribed authority; one copy of the motion shall be
delivered to the concerned office bearer either by hand or by registered post at the
Zilla Parishad office and another copy shall be sent by registered post at his
residential address.
(3) The prescribed authority on receipt of the motion shall satisfy himself that
it confonns to the requirements of sub-section (2) and on his satisfaction shall
specially convene, by issue of notice, within five working days of the receipt of the
motion, a meeting of the Zilla Parishad to be held in its office fixing date and hour
of the meeting and sending such notice at least before clear seven days to each
of its existing members for consideration of the motion and for taking a decision
on it.
(4) The meeting referred to in sub-section (3) shall be held on a working day
which shall not be later than fifteen working days from the date of receipt of the
motion by the prescribed authority and the meeting so convened shall not be
adjourned or cancelled except in pursuance of an order or direction of a competent
court or for any other reason beyond control of the prescribed authority.
(5) Such meeting shall be presided over by an officer, as may be authorized by
the prescribed authority, in the manner as may be directed by order by the State
Government or as may be prescribed and the presiding officer before commencement
of the meeting shall ensure that notice has been duly served to every member in the
manner laid down in this behalf; quorum required for such meeting shall be more
than fifty percent of the existing members referred to in sub-section (1) and the
presiding
officer shall not be entitled to vote at the meeting although he may advise on one or
more points of law without expressing his own views.
(6) If there is no consensus decision in the meeting, voting shall be held by open
ballot wherein each participating member shall put his full signature or his left thumb
impression to be attested by the leader, referred to in section 213A, of the same
political party to which the member belongs or by the presiding officer on the reverse
side of the ballot paper.
(7) The minutes of the meeting shall be written by theSecretary or in his
absence, by any other official as authorized by the presiding officer. Such minutes
shall record in brief names of the members present, the procedure followed, names of
the members who voted for or against the motion and the decision adopted
unanimously or by the majority of its existing members and shall besigned by him as
well as by the presiding officer.
(8) After the minutes of the meeting is signed by the presiding officer, it shall
be read over to all the attending members who shall thereafter put their signatures
or left thumb impressions as the case may be on the minutes in confirmation of the
proceedings recorded. Then the presiding officer shall again put his signature on the
same document after recording the names of members, if any, who have declined to
sign or left earlier and thereafter he shall collect a copy of the minutes before leaving
the premises.
(9) Within three working days of the meeting, the Executive Officer or in his
absence the Additional Executive Officer of the Zilla Parishad shall forward a copy
of the minutes of the meeting to the prescribed authority. The presiding officer shall
also submit a separate report in writing alongwith a copy of the minutes of the
meeting within the aforesaid time to the prescribed authority.
PART III) THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 13, 2010 13

The West Bengal Panchayat (Amendment) Act, 2010.

(Sections 26-28.)

(10) On receipt of the minutes of the meeting and the report under sub
section (9), the prescribed authority shall take such action as he may deem fit within
next five working days and the entire process commencing from submission of
motion to the prescribed authority upto the action finally ta.ken by him shall be
completed within thirty days.
(11) If the motion is not carried by the majority of its existing members or the
meeting cannot be held for want of quorum, no notice of any subsequent motion for
the removal of the same office bearer shall be taken into congnizance within a
period of one year from the date appointed for such meeting.
(12) Notwithstanding anything contained in sub-section (1), no meeting for
removal of the Sabhadhipati or the Sahakari Sabhadhipati under this section shall be
convened within a period of one year from the date of election of the Sabhadhipati
or the Sahakari Sabhadhipati either at the first meeting following reconstitution of
Zilla Parishad or for filling a casual vacancy in the said office.".

Amendment
of section 26. In section 150 of the principal Act,-
150.
(1) the third proviso to sub-section (1) shall be omitted;
(2) in sub-section (4), for the second proviso, the following proviso shall be
substituted:-
"Provided further that in case of any requisitioned meeting the person
presiding shall have no second or casting vote.".

Amendment 27. To sub-clause (ii) of clause (a) of sub-section (1)of section 153of the
of section principal Act, the following proviso shall be added:-
153.
"Provided that without prejudice to the terms and conditions laid down in the
guidelines relating to a poverty alleviation programme in which beneficiaries are
selected noton the basis ofentitlement or demand but usingdiscretion of the Panchayat
body concerned, the implementing agency shall take steps to ensure that as nearly as
possible three percent of the total number of beneficiaries for such programme shall
constitute people with any form of disability.".

28. (1) For sub-section (1) of section 166 of the principal Act, the following sub
Amendment of section shall be substituted:-
section 166.
"(!) (a) There shall be an Executive Officer for every Zilla Parishad
appointed by the State Government on such terms and conditions as may be
prescribed.
(b) If a Zilla Parishad is of the opinion that its Executive Officer is consistently
failing in discharging his duties and responsibilities in accordance with law, it may
pass a resolution in a meeting specially convened for the purpose, supported by the
majority of the existing members referred to in sub-section (2) of section 140, and
shall bring the matter to the notice of the Divisional Commissioner with a request to
take appropriate remedial measures within one month from the date of
communication of such resolution.
(c) If the Zilla Parishad feels that no action has been ta.ken by the Divisional
Commissioner to remedy the situation or the action so far taken has not improved the
situation within the next two months, the Zilla Parishad may, at a meeting specially
convened for the purpose, adopt a resolution supported by the majority of the existing
members referred to in clause (b) to recall the Executive Officer adducing the reasons
for such decision of the Zilla Parishad and such resolution shall be sent to the State
Government with a copy to the Divisional Commissioner.
14 THE KOLKATA OAZEIIE, EXTRAORDINARY, MAY 13, 2010 [PART ill

The West Bengal Panchayat (Amendment) Act, 2010.

(Sections 29-31.)

(d) On receipt of the resolution under clause (c), the State Government shall
enquire intothecircumstances andsatisfy itself about thejustification of such resolution
before recalling such officer:
Provided that if after enquiry the State Government is not satisfied about the
propriety of recalling such officer, it may initiate procedure under section 209 to
rescind the resolution.".

Amendment
of section 29. To sub-section (1) of section 172 of the principal Act, after the third proviso,
172.
the following proviso shall be added:-
"Provided also that the Karmadhyaksha for Sishu O Nari Unnayan,
Janakalyan 0 Tran Sthayee Samiti shall beelected from among thewomen members of
theSthayee Samiti.".

Insertion of new 30. In principal Act, after section 196B, the following sections shall be inserted:-
sections l 96Cand
196D.
: :.onnancc l96C. (1) Without any prejudice toother provisions of
theChapter relating to audit, a mechanism for performance audit
of the fund utilized bya Gram Panchayat, a Panchayat Samiti or a
Zilla Parishad
shall be devised in the manner as may be prescribed or as may be directed, by general
or special order, by the State Government.
(2) The performance audit referred to in sub-section (1) shall relate to utilization
of fund following the norms and procedure as may be applicable under the relevant
rules, orders and guidelines, quality of the work performed, usefulness of the asset
created and the benefits generated out of the work performed with an equitable
distribution of such benefits.
Social Audit.
196D. (1) Without any prejudice to other provisions of the
Chapter relating to audit, a mechanism for social audit of the fund
utilized by a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad
shall be devised in the manner as may be prescribed or as may be directed, by
general or special order, by the State Government.
(2) The social audit team constituted at various level under sub-section (1) shall
monitor the execution of works, the quality and utility of the works executed or the
services provided and the benefits generated out of the work performed ensuring an
equitable distribution of such benefits.".
Amendment of
section 213.
31. In section 213 of the principal Act,
(1) in sub-section (1),-
(a) for the words "The State Government may", the words ''The
prescribed authority may" shall be substituted;
(b) for the words "any Pradhan or Upa-Pradhan, any Sabhapati or
Sahakari Sabhapati or any Sabhadhipati or Sahakari
Sabhadhipati'', the words "any member or office· bearer of a
Gram Panchayat, Panchayat Samiti or Zilla Parishad' shall be
substituted;
(2) insub-section (2), for the words ''The tate Government shall", the words
''The prescribed authority shall" shall be substituted.
PART Ill] THE KOLKATA GAZEI IE, EXTRAORDINARY, MAY 13, 2010 15

The West Bengal Panchayat (Amendment) Act, 2010.

(Section 32.)

Amendment of
section 213A. 32. In section 213A of the principal Act,
(1) in sub-section (1),-
(a) for sub-clause (ii) of clause (a), the following sub-clause shall be
substituted:-
"(ii) exercised the voting right or abstained from voting contrary
to any direction issued by the Leader of his political party to
which he belongs, without obtaining the prior permission of
the said Leader or such voting or abstention has not been
condoned by the said Leader within seven days from the date
of such voting or abstention; or";
(b) the second proviso to clause (b) shall be omitted;
(c) the following Explanation shall be inserted:-
"Explanation.-Directionshall beissued by the Leader in writing
toeach member belonging to his political party at least twenty
four hours before the commencement of the meeting and a
copy of such direction shall becommunicated to the
prescribed authority before commencement of the meeting.";
(2) after sub-section (1), the following sub-section shall be inserted:-
"(IA) Notwithstandinganything contained in sub-clause (ii) of clause
(a) of sub-section (1), an elected member who has exercised his voting
right contrary to the direction issued by the Leader, shall not be declared
to be disqualified if such member claims and establishes that-
(a) he and a few other members of the same Panchayat belonging
to same political party have constituted a group consisting of
not less than one-third of the total number of members set up by
such recognised political party in that Panchayat and have
already intimated such decision to the Leader mentioning that the
members of such group shall no longer be abided by any direction
of such Leader and that suchdecision have also beencommunicated
to the prescribed authority at least three working days prior to the
meeting, or
(b) his original political party has merged with another political
party and he and a few other members of his original political
party constituting at least one-third of the total number of
members in the same Panchayat belonging to such original
political party,-
(i) have become members of such other political party, or as the
case may be, of a new political party formed by such merger
and have decided toelect a new Leader for such separate
party or group, or
(ii) have not accepted the merger and opted to function as a
separate group and wants to be treated as such other political
party or a new political party or group as the case may be for
the purpose of all provisions of this section, and the members
involved have already communicated their collective decision
in writing to the Leader and to the prescribed .authority under
the signatures of all such members at least three days before
the commencement of the meeting.".
16 THE KOLKATA GAZETTE, EXTRAORDINARY, MAY 13, 2010 [PART III

The West Bengal Panchayat (Amendment) Act, 2010.

(Section 33.)
(3) in sub-section (3),-
(a) for the words "As soon as may be within one month from the date
of the first meeting of a Panchayat or within one month from the
date on which this section comes into force, as the case may be",
the words "As soon as may be within three months from the date
of the first meeting of a Panchayat or within three months from
the date on which this section comes into force, as the case may
be" shall be substituted;
(b) for the words "and such Leader shall within fifteen days", the
words "and such Leader shall within thirty days" shall be
substituted;
(c) for thesecond proviso, the following proviso shall be substituted:-
"Provided further that if selection of Leader of any recognized
political party does not take place within the aforesaid period
due toexceptional reason, the members belonging toa recognised
political party may jointly file a petition with endorsement of the
President or the General Secretary or the Secretary of the district
unit of such recognized political party may file a petition
showing the ground of such exceptional reason to the prescribed
authority seekingfurther time for selection of such Leader and the
prescribed authority on being satisfied about the exceptional
reason may allow further time for one month to select such
Leader who shall within fifteen days from the date of such
selection furnish the aforesaid documents to the prescribed
authority.";
(4) in sub-section (7),-
(a) for the words "endorsed by the General Secretary, or, if there is no
Ge eral Secretary, theSecretary, of thedistrict unit of such
recognized political party", the words "the President or the
General Secretary or the Secretary of the district unit of such
recognized political party" shall be substituted;
(b) for sub-clause (ii) of clause (a), the following sub-clause shall be
substituted:-
"(ii) exercised the voting right or abstained from voting contrary
to any direction issued by the Leader of his political party to
which he belongs, without obtaining prior permission of the
said Leader or such voting or abstention has not been
condoned by the said Leader;";
(5) in sub-section (9), for the words "six weeks", the words"two weeks" shall
be substituted;
(6) in sub-section (11), for the words "eight weeks", the words "four weeks"
lnsenion of new shall be substituted.
section 213C.

33. In the principal Act,aftersection 213B, thefollowing section shall be inserted:-

"Jurisdiction of
Lokayukta or 2l 3C. Nothing in this Act shall affect the jurisdiction
Upa-Lokayukta. exercisable by, or the procedure applicable to, the Lokayukta or
Upa-Lokayukta West Ben. Act
under the West Bengal Lokayukta Act, 2003, in respect of any
complaint alleging·corrupt practices against any member including office bearer XXXVof2003.
of Gram Panchayat, Panchayat Samiti, Zilla Parishad or Mahakuma Parishad, as
the case may be.". •

By order of the Governor,

MITA BASU ROY,

Pr. Secy. to the Govt. of West Bengal,
Law Department.
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd.
(Government of West Beogal Enterprise), Kolkata 700056