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State of West Bengal - Section

Section 16A in The West Bengal Panchayat Act, 1973

16A. [ [Meetings of the Gram Sansad.] [[Section 16A first inserted by W.B. Act 37 of 1984, then substituted by W.B. Act 17 of 1992. Previous Section 16A was as under:-

'16A. Public meeting of the Gram Panchayat. - (1) Every Gram Panchayat shall hold within the local limits of the Gram an annual and a half-yearly public meeting for each constituency of the Gram at such place, on such date and at such hour as may be fixed by the Gram Panchayat:Provided that such annual or half-yearly meeting for a number of constituencies of a Gram Panchayat taken together may be held at the same place and on the same date and hour:Provided further that the annual public meeting shall ordinarily be held in the month of May and the half-yearly public meeting shall ordinarily be held in the month of November every year.
(2)The Gram Panchayat shall, at least seven days before the date of holding the meetings referred to in sub-section (1) give public notice of such meetings by beat of drums as widely as possible, announcing the place, date and hour of the meeting. A notice of such meeting shall also be hung up in the office of the Gram Panchayat.'.]]
(1)Every constituency of a Gram Panchayat under clause (a) of sub-section (3) of section 4 shall have a [Gram Sansad] [Words substituted for the words 'Gram Sabha' by W.B. Act 18 of 1994.] consisting of persons whose names are included in the electoral roll of the West Bengal Legislative Assembly for the time being in force pertaining to the area comprised in such constituency of the Gram Panchayat.
(2)Every Gram Panchayat shall hold within the local limits of the Gram an annual and a half-yearly meeting for each [Gram Sansad] [Words substituted for the words 'Gram Sabha' by W.B. Act 18 of 1994.] at such place, on such date and at such hour as may be fixed by the Gram Panchayat:Provided that the annual meeting of the [Gram Sansad] [Words substituted for the words 'Gram Sabha' by W.B. Act 18 of 1994.] shall be held ordinarily in the month of May and the half-yearly meeting of the [Gram Sansad] ['Words substituted for the words 'Gram Sabha' by W.B. Act 18 of 1994.'] shall be held ordinarily in the month of November every year:[Provided further that a Gram Panchayat may, in addition to the annual and the half-yearly meeting, hold extraordinary meeting of a Gram Sansad, 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, provisions of this section shall apply.] [Second proviso to sub-section (2) inserted by W.B. Act 15 of 1997.]
(3)The Gram Panchayat shall, at least seven days before the date of holding the meetings referred to in sub-section (2), give public notice of such meetings by beat of drums as widely as possible, announcing the agenda, place, date and hour of the meeting. A notice of such meeting shall also be hung up in the office of the Gram Panchayat.
(4)Every meeting of the Words substituted for the [Gram Sansad] [words 'Gram Sabha' by W.B. Act 18 of 1994.] shall be presided over by the Pradhan and, in his absence, by the Upa-Pradhan and in the absence of both, the member or one of the members, as the case may be, elected from the constituency comprising the [Gram Sansad] [Words substituted for the words 'Gram Sabha' by W.B. Act. 18 of 1994.] or, in the absence of such member or members, any other member of the Gram Panchayat shall preside over the meeting:Provided that when two members are elected from the constituency, the member senior in age shall have priority in presiding over the meeting:[Provided further that every member elected from the constituency shall attend each meeting of the Gram Sansad] [Second proviso to sub-section (4) inserted by W.B. Act 15 of 1997.].
(4A)[ One-tenth of the total number of members shall form a quorum for a meeting of a Gram Sansad] [Sub-Section (4a) inserted by W.B. Act 18 of 1994.]:[Provided that if there is no quorum available in such meeting, the meeting shall be adjourned to be held at the same place and hour on the seventh day after the date of such meeting in the manner as may be prescribed] [[Proviso substituted by W.B. Act 8 of 2003. which was earlier as under:-'Provided that no quorum shall be necessary for an adjourned meeting which shall be held at the same time and place after seven days.'.]].
(5)The attendance of the members of the [Gram Sansad] [Words substituted for the words 'Gram Sabha' by W.B. Act. 18 of 1994.] in the annual and the half-yearly meeting and the proceedings of such meetings shall be recorded by such officer or employee of the Gram Panchayat or, in the absence of the officers and employees of the Gram Panchayat, by such member of the Gram Panchayat as may be authorised by the presiding member in this behalf. Such proceedings shall be read out before the meeting is concluded and the presiding member shall then sign it.
(6)[ A Gram Sansad shall guide and advise the Gram Panchayat in regard to the schemes for economic development and social justice undertaken or proposed to be undertaken in its area [and for the aforesaid purpose, the outlines of such perspective plan and annual plan as adopted by the Gram Sansad for its area shall be the basis of Gram Panchayat plan] [Sub-Section (6) substituted by W.B. Act 18 of 1994.] and may, without prejudice to the generality of such guidance and advice, -
(a)identity, or lay down principles for identification of, the schemes which are required to be taken on priority basis for economic development of the village,
(b)identify, or lay down principles for identification of, the beneficiaries for various poverty alleviation programmes,]
(c)[ constitute a Gram Unnayan Samiti with such number of functional committees as may be required, in such manner as may be prescribed, having jurisdiction over the area of the Gram Sansad for ensuring active participation of the people in implementation, maintenance and equitable distribution of benefits with respect to such subjects, as may be prescribed:] [[Clause (c) substituted by W.B. Act 8 of 2003, which was earlier as under:-
'(c) constitute one or more beneficiary committees comprising not more than nine persons, who are not members of the Gram Panchayat for ensuring active participation of the people in implementation, maintenance and equitable distribution of benefits of one or more schemes in its area.'.]]Provided that the Gram Unnayan Samiti shall be accountable for its functions and decisions, to the Gram Sansad and the Gram Sansad shall exercise its power and authority in this behalf in such manner, as may be prescribed.
(d)mobilise mass participation for community welfare programmes and programmes for adult education, family welfare and child welfare,
(e)promote solidarity and harmony among all sections of the people irrespective of religion, faith, casts, creed or race,
(f)record its objection to any action of the Pradhan or any other member of the Gram Panchayat for failure to implement any development scheme properly or without active participation of the people of that area.]
[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 not on 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.] [Added by W.B. Act No. 8 of 2010, dated 13.5.2010.]