Bare ActsThe West Bengal Panchayat Act, 1973

Section 39

Amendment status not verified — confirm the current text below against the official source.

(1) Every Chowkidar shall exercise the following powers and perform the following duties, namely:— (i) he shall give immediate information to the officer-in- charge of the police-station having jurisdiction over the area and to the Pradhan of the Gram Panchayat, of every unnatural, suspicious or sudden death which may occur, and of any offence specified in the First Schedule which may be committed within the jurisdiction of the Gram Panchayat and he shall keep the officer-in-charge of the said police-station and the Pradhan informed of all disputes which are likely to lead to a riot or serious affray; (ii) he may, without an order from a Magistrate and without a warrant, arrest— (a) any person who has been concerned in any cognizable offence or against whom a reasonable complaint has Dafadars and Chowki- dars. State Government may contribute cost of maintenance. Powers and duties of Chowkidars and Dafadars. 287 The West Bengal Panchayat Act, 1973. [West Ben. Act (Part 11.—Gram Panchayat.—Chapter V.—Dafadars and Chowkidars.—Section 39.) been made, or credible information has been received, or reasonable suspicion exists of his having been so concerned, (b) any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking, (c) any person who has been proclaimed as an offender under any law for the time being in force, (d) any person in whose possession anything is found which may reasonably be suspected to be stolen property, or who may reasonably be suspected of having committed an offence, with reference to such things, (e) any person who obstructs a police officer while in the execution of his duty or who has escaped, or attempts to escape, from lawful custody, (f) any person reasonably suspected of being a deserter from the Indian Army, Navy or Air Force, and (g) any released convict committing a breach of any rule made under sub-section (3) of section 565 of the Code of Criminal Procedure, 1898; 5 of 1898. (iii) he shall to the best of his ability prevent, .and he may interpose for the purpose of preventing, the commission of any offence specified in the First Schedule; (iv) he shall assist private persons in making such arrests as they may lawfully make, and he shall report such arrests without delay to the officer-in-charge of the police-station having jurisdiction over the area; (v) he shall observe, and from time to time report to such officer-in-charge, the movements of all bad characters within the jurisdiction of the Gram Panchayat; (vi) he shall report to such officer-in-charge the arrival of suspicious characters in the neighbourhood; (vii) he shall report in such manner as may be directed by the District Magistrate, the births and deaths which have occurred within the local limits of the jurisdiction of the Gram Panchayats; (viii) he shall give immediate information to the Pradhan of the Gram Panchayat of the outbreak of any epidemic disease among men or livestock within the local limits of its jurisdiction; (ix) he shall supply any local information which the District or Subdivisional Magistrate or any police officer may require; 288 The West Bengal Panchayat Act, 1973. XLI of 1973.] (Part 11.—Gram Panchayat.—Chapter V.—Dafadars and Chowkidars.—Section 40.—Chapter VI.—Property and Fund.—Sections 41, 42.) (x) he shall obey the orders of the Gram Panchayat in regard to keeping watch within its jurisdiction and in regard to other matters connected with his duties; (xi) he shall give immediate information to the Gram Panchayat of the commission of any offence under this Act or any rule made thereunder which has come to his knowledge and of any encroachment on, or obstruction to, any road or waterway within the local limits of the jurisdiction of the Gram Panchayat, and of any damage to any property vested in the Gram Panchayat or under its control; (xii) he shall assist any person duly authorised by the Gram Panchayat to collect any rate, tax or fee; (xiii) he shall serve such processes as may be prescribed upon persons residing within the jurisdiction of the Gram Panchayat; and (xiv) he shall carry out such other duties as may be entrusted to him from time to time in accordance with this Act or any rule made thereunder. (2) Every Dafadar shall exercise all the powers conferred on a Chowkidar under sub-section (1) and shall perform such duties as may be imposed upon him by rules made under this Act.

Section 39 – The West Bengal Panchayat Act, 1973 | DailyLaw.ai