The west bengal panchayat act, 1956

west-bengal · 1957

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S. 1(1) This Act may Panchayat Act, 1956
S. 2(a) () In this Act, unless the context otherwise reqmres,- nLic//1
S. 3The section allows the State Government to establish Gram Sabhas in notified areas for local governance purposes.
S. 4Section 4 repeals or amends specified enactments in areas with Gram Sabhas, and transfers assets and liabilities of dissolved Panchayats to Anchal Panchayats.
S. 05Power to remove Adlyaksha, Upadhyaksla, etc
S. 5(
S. 6The whole of Chapter III of Part II (sections 56 contd
S. 7Section 7 amends section 145 to replace certain terms with references to the district board and district fund.
S. 8Section 8 of the West Bengal Panchayat Act, 1956, outlines the dissolution or reduction of a Gram Sabha when its area overlaps with municipal or cantonment authorities.
S. 9Section 9 outlines the duties and meetings of the Gram Sabha in West Bengal, including budget review and work planning.
S. 10Section 10 removes specific provisions from Section 130 regarding union committees' subordination and order confirmation processes.
S. 11(1) There shall be a Gram I'anchayat for every Uran
S. 12Section 12 of the West Bengal Panchayat Act, 1956, sets the four-year term for Gram Panchayat members, with possible extensions and continuations until new elections.
S. 13Notwithstanding anything contained in section 11, the prescribed
S. 14Section 14 allows the prescribed authority to appoint two Gram Panchayat members as temporary Adhyaksha and Upadhyaksha for up to one year.
S. 15Section 15 amends references to local boards and union committees to local and district boards.
S. 16Section 16 ensures that actions by West Bengal Panchayats are not deemed invalid due to constitutional defects or member disqualifications.
S. 17Resignation of Adhyaksha, Urxulhyaksha or member
S. 18Section 18 amends Section 146 by replacing certain words and inserting "or" after "district board" and repeals the Bengal Village Self-Government Act, 1919.
S. 19Section 19 outlines the process for electing a new Adhyaksha or Upadhyaksha when one is removed or a vacancy occurs.
S. 20Section 20 allows removal of a Gram Panchayat member for misconduct, refusal to act, criminal conviction, absence, non-payment, disqualification, or incurring disqualification post-election.
S. 21Filling of casual vacancy in place of a member of Gram Panchayat
S. 22Section 22 mandates monthly Gram Panchayat meetings, quorum requirements, and decision-making by majority vote.
S. 23Section 23 mandates that a list of meeting agenda items must be sent to Gram Panchayat members at least 48 hours prior.
S. 24Section 24 mandates the Gram Pancayat to annually submit a report on its previous year's work to the Gram Sabha and the prescribed authority.
S. 25Section 25 establishes Anchal Panchayats by specifying their names and territorial limits through a government notification.
S. 26Section 26 outlines the composition, election, term, and vacancy filling procedures for Anchal Panchayat members in West Bengal.
S. 27Section 27 elects a Pradhan and Up-Pradhan at the first meeting of the Anchal Panchayat.
S. 28Section 28 adapts provisions from sections 17 to 24 for Anchal Panchayat, its Pradhan, Vice-Pradhan, and members.
S. 29Section 29 allows Anchal Panchayat to form committees post-election to handle specified tasks.
S. 30Section 30 of the West Bengal Panchayat Act, 1956, establishes Anchal Panchayats as corporate bodies with perpetual succession and powers to manage sanitation, conservancy, and drainage.
S. 31—
S. 32Section 32 assigns various functions to Gram Panchayats, including education, health, irrigation, and land management, which can be withdrawn by the State Government.
S. 33Section 33 outlines the discretionary duties of a Gram Panchayat, including public works, cooperative enterprises, and community services.
S. 34Where the State Government -assigns any function to a Gram Panchayat under section 832, or where it directs a
S. 35Section 35 specifies that duties or powers cannot be imposed on Gram Panchayats for matters under direct government control unless explicitly delegated.
S. 36Section 36 empowers Gram Panchayat to mandate sanitation improvements, including cleaning and repairs of facilities and land.
S. 37Section 37 grants a Gram Panchayat control over public streets and waterways for maintenance, construction, and irrigation projects.
S. 38Section 38 empowers a Gram Panchayat to regulate private water sources used for drinking or cooking, requiring maintenance and cleanliness, with an appeal process against orders.
S. 39Section 39 empowers a Gram Panchayat to require landowners to prevent water pollution by weeds and to eradicate such weeds within a specified period.
S. 40Section 40 empowers Gram Panchayat officials to inspect and disinfect water sources during cholera outbreaks to prevent disease spread.
S. 41Section 41 allows the Gram Panchayat to enforce work orders and recover costs from non-compliant individuals.
S. 42Section 42 allows two or more Gram Panchayats to form a joint committee to handle shared projects and resolve disputes through a state-appointed officer.
S. 43Section 43 allows a District Board to delegate functions to a Gram Panchayat with mutual agreement.
S. 44Section 44 allows Gram Panchayats to hire staff and set their salaries, subject to state government rules.
S. 45Section 45 allows a Gram Panchayat to delegate duties to its Adhyaksha, subject to approval, and to withdraw or modify them later.
S. 46(Z) Subject to rules made by the State Government Functions i this behalf, an 4nchat Panchaat shall be responsible ! #]
S. 47The State Government may, by general or special order published in the Of/icio
S. 48Section 48 establishes the role and responsibilities of the Secretary for Anchal Panchayat, including budget preparation and executive duties.
S. 49Section 49 allows Anchal Panchayat to delegate duties to Pradhan, subject to approval, and can withdraw or modify them.
S. 50An Anchal Panchayat may, if requested to do so by a G-rmn Panchayat, lend the services of its Secre
S. 51Section 51 mandates Anchal Panchayats to maintain dafadars and chowkidars for crime prevention and protection, with State Government determining their number and conditions of service.
S. 52Section 52 allows the State Government to contribute to the maintenance costs of dafadars and chowkidars for Anchal Panchayat Jund.
S. 53Section 53 empowers chowkidars to report suspicious deaths and offenses, and to arrest individuals suspected of crimes or possessing stolen goods.
S. 54Section 54 mandates that an arrested person must be taken to the nearest police station.
S. 55Section 55 establishes the Anchal Panchayat Fund and outlines its sources of income and annual expenditures.
S. 56Section 56 outlines disqualifications for election or appointment to Gram Panchayat positions, including criminal convictions and financial or contractual ties.
S. 57Section 57 of the West Bengal Panchayat Act, 1956 authorizes Anchal Panchayat to levy taxes on land, buildings, professions, and impose fees for various services.
S. 58—
S. 59Section 59 outlines the process for Gram Panchayat to prepare, modify, and submit annual budgets for approval by local authorities.
S. 60(1) Every ilnclwl Panchayat shall, at such time and in sucl form as may be prescribed, prepare in each year
S. 61Section 61 vests all public property within a Gram Panchayat's jurisdiction in the Panchayat for its management and control.
S. 62Section 62 allows the State Government to transfer public property within a local jurisdiction to a Gram Panchayat for its control.
S. 63Section 63 allows Gram Panchayat to acquire land for public purposes through negotiation or application to the District Magistrate.
S. 64(1) The prescribed authority may at any time- (a) inspec
S. 65Section 65 allows the prescribed authority to remove panchayat officials for willful neglect or abuse of duties, with an appeal process to the Commissioner.
S. 67If the State Government is satisfied on the report of the prescribed authority that an Anchal Pa
S. 68Section 68 outlines the procedures for reconstituting or superseding Gram Panchayats and Anchal Panchayats in West Bengal.
S. 69Appointment of inspecting officers of Panchayats
S. 70Section 70 establishes Nyaya Panchayats in Anchal Panchayats to try specified offences and civil suits, with members elected from Gram Sabhas.
S. 71(1) Notwithstanding anythino contained in the Criminal Code of Criminal Procedure, 1898,a Nyaya Panchayat jurisdiotion
S. 72Section 72 outlines the process for instituting a case before a Nyaya Panchayat in West Bengal.
S. 73Section 73 allows the Nyaya Panchayat to dismiss or transfer a case if it finds the petition frivolous or lacks jurisdiction.
S. 74I in any case before a Nyaya Panchayat, the petitioner fails to appear on the <lay :fi
S. 75Section 75 outlines the procedure for the Naya Panchayat to summon and try accused individuals, including issuing warrants and bonds for their appearance.
S. 76Notwithstanding anytfong- contained in the Code of Act V c 1,$$ ° Criminal Procedure, 1898, the Nag Panchaat may an 188•
S. 77Section 77 allows district or subdivisional magistrates to cancel or modify Nyaya Panchayat convictions if justice fails.
S. 78Section 78 allows the Nyaya Panchayat to record decisions in writing, impose fines up to fifty rupees, and use fines to compensate victims.
S. 79Section 79 allows a Nyaya Panchayat to release offenders without punishment if it deems it expedient based on the offender's age, character, and circumstances.
S. 80(1) Notwithstanding anything contained in ne diction
S. 81(1) (2) Tl'he West Bengal Panchayat Act, 1956
S. 82Bui'ts to include whole claim
S. 83Section 83 restricts suits against a yagya Panchayat to those where at least one defendant resides within its jurisdiction and the cause of action occurred there.
S. 84(1) A suit
S. 85(1) I£ at any time the lVyaya Panchaya
S. 86Section 86 allows Nyaya Panchayats to dismiss suits for default but can restore them if plaintiff proves sufficient cause for absence.
S. 87Section 87 allows the Panchayat to summon the defendant to appear and answer a suit if it finds the plaint valid.
S. 88Section 88 allows a Nyaya Panchayat to decide a suit in absentia if summons was served, but can set it aside if defendant applies within 30 days.
S. 89No order to be set aside without notice to opposite party
S. 90Section 90 allows the Panchayat to add necessary parties to a suit and try it accordingly, with new parties given a chance to appear before trial.
S. 91(1) vVhen the parties or their agents have been Decision of heard and the evidence
S. 92Section 92 allows a gyaya Panchayat to order payments or property deliveries in installments.
S. 93Section 93 allows the Musif ho to cancel or modify Nyay Panchayat decisions if there's a failure of justice.
S. 94I the plaintiff or defendant in any· suit dies before parties
S. 95Section 95 of the West Bengal Panchayat Act, 1956, states that a panchayat's decision on title, character, contract, or obligation only binds parties in the specific suit.
S. 96Section 96 of the West Bengal Panchayat Act, 1956, exempts Nyaya Panchayat trials from certain procedural laws and outlines rules for their proceedings.
S. 97Bar to trial of case or suit in which a Panchayat or its member IS interested
S. 98How casa may be instituted
S. 99Section 99 prohibits Nyaya Panchayats from retrying cases already decided by competent courts or pending in other courts.
S. 100(1) 1 1he District Judge, the District Magistrate and Inspection
S. 101Section 101 of the West Bengal Panchayat Act, 1956, outlines conditions under which a Nyaya Panchayat can summon witnesses and the penalties for non-compliance.
S. 102(1) The parties to cases triable by a Nyaya tiapr,eofpar- Panchayat shall appear personally before such Panchayat: a8
S. 103Legal practitioners not to practise
S. 104No oman shall be compelled to appear in Appear- b f ;p p 1 anco of person e1ore a aya
S. 105Power to issue commission
S. 106Section 106 allows a plaintiff to file a suit in any panchayat, with jurisdiction disputes resolved by the competent court.
S. 107(1) All fees imposed and all sums due on bonds and n11 smns decreed under this A
S. 109no
S. 111Section 111 allows the State Government to remove a Panchayat member for good reason, after giving them a chance to be heard.
S. 113Erery member of nu Anchal Panchayat or a Gram Panchayat including tbe Pradhan, Ua-Pradhan, --~dhyal
S. 114Ivery member of an Anchal Panchayat or a Gram Panchayat, including the Pradhan, Upa-Pradhan, A
S. 115(1) Notwithstanding anything contained in section Tnden:uuty
S. 116Validation of proceedings
S. 117Section 117 of the West Bengal Panchayat Act, 1956, prevents court challenges to panchayat elections and prohibits injunctions to halt or stop elected officials from taking office.
S. 118On and from the date on which a 1\Tya
S. 119I in establishing, constituting or in the working Romoval of of, an Anchal Panchayat or a Gram Panchayat, diffoulty
S. 120(1) The State Government may, after previous Rules
S. 411—
S. 689The State Government can appoint officers to inspect and supervise the operations of panchayats under this Act.
S. 1860of 1957,] (flart 11
S. 1870—
S. 1871I I Gt XLV I i 1860
S. 1876—
S. 1887—
S. 1898+q 4o»
S. 1908Suits nob to be tried
S. 1936The West Bengal Panchayat Act, 1956
S. 1939Section 1939 outlines the various responsibilities of the Gram Panchayat, including public health, sanitation, and community development tasks.
S. 1956[ 1Passed by the TVest Bengal Legislatw·e