Section 45(5) in The West Bengal Panchayat Act, 1973
(5)[ In accordance with the powers and functions conferred on the Pradhan under the Act and the rules made thereunder and subject to such general control as the Gram Panchayat may exercise from time to time, all orders for payment from the Gram Panchayat Fund shall be signed by the Pradhan, or in his absence, by the Upa-Pradhan and in pursuance of such orders of payment, cheque or cheques shall be signed jointly by the Pradhan, or in his absence, by the Upa-Pradhan and by the Executive Assistant of the Gram Panchayat:Provided that the Executive Assistant shall be responsible for writing the cheques for signature under the direction of the Pradhan subject to the resolution of the Gram Panchayat:Provided further that if the post of the Executive Assistant in a Gram Panchayat falls temporarily vacant by reason of leave, transfer, resignation or otherwise, the State Government may, [by framing rules or] [[Sub-Section (5) substituted by W.B. Act 15 of 1997, which was earlier as under:-'(5) Subject to such general control as the Gram Panchayat may exercise from time to time, all orders for payment from the Gram Panchayat Fund shall be signed by the Pradhan, or in his absence, by the Upa-Pradhan. All cheques shall be signed jointly by the Pradhan and the Upa-Pradhan and in the absence of the Pandhan or the Upa-Pradhan, as the case may be, by the Upa-Pradhan or the Pradhan and another member authorised by the Gram Panchayat at a meeting in this behalf:Provided that any casual absence of the Pradhan or the Upa-Pradhan for a period not exceeding five consecutive days shall not be construed as absence of the Pradhan or the Upa-Pradhan as the case may be, for the purpose of this sub-section:Provided further that in the event of any difference of opinion between the Pradhan and Upa-Pradhan on whether a cheque for withdrawal from the Gram Panchayat Fund shall be signed, the Gram Panchayat. in a meeting specially convened for the purpose, shall deliberate and issue appropriate directions. If the Pradhan or the Upa-Pradhan refuses to act in accordance with the directions of the Gram Panchayat, the Upa-Pradhan or the Pradhan, as the case may be, with the other member authorised by the Gram Panchayat, shall sign the cheque in the manner as directed by the Gram Panchayat for withdrawal from the Gram Panchayat Fund.'.]] by general or special order made in this behalf, empower any employee of the Gram Panchayat to perform, subject to such conditions as may be specified [in the rules or] [Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.] in the order, the functions of the Executive Assistant under this section.]Explanation. - In this section, -(a)absence of the Pradhan shall be deemed to occur when the office of the Pradhan falls vacant or the Pradhan is temporarily unable to act within the concept and meaning of sub-section (4) of section 9.(b)"Executive Assistant" of a Gram Panchayat means an employee appointed as such by a Gram Panchayat under section 36 in terms of such rules as the State Government may make in this behalf and shall also include any other employee of the Gram Panchayat empowered to perform the functions of the Executive Assistant.
