Section 100 in The West Bengal Panchayat Act, 1973
100. Removal of member of Panchayat Samiti.
- The prescribed authority may, after giving opportunity to a member of a Panchayat Samiti [other then an ex officio member] [Words inserted by W.B. Act 37 of 1984.] to show cause against the action proposed to be taken against him, by order remove him from office -(a)if after he becomes a member he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than six months; or(b)if he was disqualified to be a member of the Panchayat Samiti at the time of his becoming a member; or(c)if he incurs any of the disqualifications mentioned in clauses (b) to (g) of section 97 after his becoming a member of the Panchayat Samiti; or(d)if he is absent from three consecutive meetings of the Panchayat Samiti without the [leave of the Panchayat Samiti:] [Substituted 'leave of the Panchayat Samiti;' by Act No. 40 of 2017, dated 16.10.2017] [* * * * *] [Words ',provided he is not an ex officio member of the Panchayat Samiti' omitted by W.B. Act 37 of 1984.]; or[Provided that a member of a Panchayat Samiti holding simultaneous membership of the House of the People or the Legislative Assembly, shall not be removed from the office, if he remains absent from three consecutive meetings of the Panchayat Samiti without the leave of the Panchayat Samiti;] [Added by Act No. 40 of 2017, dated 16.10.2017](e)if he does not pay any arrear in respect of any tax, toll, fee or rate payable under this Act or the Bengal Village Self-government Act, 1919, or the West Bengal Panchayat Act, 1957, or the West Bengal Zilla Parishads Act, 1963.(2)Any member of a Panchayat Samiti who is removed from his office by the prescribed authority under sub-section (1) may, within thirty days from the date of the order, appeal to such authority as the State Government may appoint in this behalf, and, thereupon, the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority, and after giving the appellant an opportunity of being heard, modify, set aside or confirm the order.(3)The order passed by such authority on such appeal shall be final.[* * * * * * *] [[Sub-Section (4) omitted by W.B. Act 37 of 1984, which was as under:-'(4) If an ex officio member of a Panchayat Samiti referred to In sub-clause (i) of clause (a) of sub-section (2) of section 94 is removed from office he shall cease to be the Pradhan of the Gram Panchayat concerned and a new Pradhan shall be elected by the Gram Panchayat in accordance with the provisions of this Act.'.]]
