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State of West Bengal - Section
Section 40 in The West Bengal Panchayat Act, 1973
40.
[* * *]| Chapter V consisting of Sections 37, 38, 39 and 40 omitted by W.B. Act 18 of 2004. Chapter V with those secs, were as under:-"Chapter V Dafadars, Chowkidars and Gram Panchayat Karmees37.Dafadars, ChowkidarsandGram Panchayat Karmees.- (1) For general watch and ward, prevention of crime, protection of life and property, running of office of theGram Panchayatand discharging all functions relevant thereto as hereinafter provided within the local limits of the jurisdiction of aGram PanchayateveryGram Panchayatshall, unless otherwise directed or other provisions are made by the State Government, maintain under its control such number ofDafadars, ChowkidarsandGram Panchayat Karmeesas the State Government may by general or special order determine.(2) The manner of maintenance ofDafadars, ChowkidarsandGram Panchayat Karmeesby aGram Panchayat, the salary, allowances and gratuity to be paid to them and the nature and the cost of their equipment and all matters relating to their recruitment, conditions of service, superannuation, discipline, punishment and dismissal shall be determined in accordance with such rules as may be made:Provided that theGram Panchayatshall have disciplinary control overDafadars, ChowkidarsandGram Panchayat Karmees.38. State Government may contribute cost of maintenance.- The State Government may contribute to theGram PanchayatFund the entire or any part of the cost of maintenance ofDafadars, ChowkidarsandGram Panchayat Karmeesincluding the amount necessary for the payment of salary, allowances, provident fund and gratuity toDafadarsandChowkidarsand the amount necessary for their reward and equipment.39. Powers and duties ofChowkidars, DafadarsandGram Panchayat Karmees.- (1) EveryChowkidar, DafadarorGram Panchayat Karmeeshall 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 thePradhanof theGram 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 theGram Panchayatand he shall keep the officer-in-charge of the said police-station and thePradhaninformed 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 been made, or credible in formation 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:(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 theGram 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 theGram Panchayat;(viii) he shall give immediate information to thePradhanof theGram Panchayatof 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 Sub-divisional Magistrate or any police officer may require;(x) he shall obey the orders of theGram Panchayatin regard to keeping watch within its jurisdiction and in regard to other matters connected with his duties;(xi) he shall give immediate information to theGram Panchayatof 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 theGram Panchayat, and of any damage to any property vested in theGram Panchayator under its control:(xii) he shall assist any person duly authorised by theGram Panchayatto collect any rate, tax or fee:(xv) he shall serve such processes as may be prescribed upon persons residing within the jurisdiction of theGram Panchayat;(xiv) he shall attend the office of theGram Panchayaton such dates as may be directed by thePradhan, assist in such manner as may be necessary and act as messenger as and when required: and(xv) 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) EveryDafadershall exercise all the powers conferred on aChowkidarunder sub-section (1) and shall perform such duties as may be imposed upon him by rules made under this Act.40. Arrested person to be taken to police station.- Whenever aDafadar, ChowkidarorGram Panchayat Karmeearrests any person under section 39 he shall forthwith take the person so arrested to the police-station having jurisdiction over the area in which the arrest is made;Provided that if the arrest is made at night such person shall be so taken, as soon as convenient, by the following morning.". |