(1)Every Panchayat Samiti shall, at its first meeting at which a quorum is present, elect, in the prescribed manner, one of its members to be the Sabhapati and another member to be the Sahakari Sabhapati of the Panchayat Samiti:Provided that members referred to in [clauses (i) and (iii)] [Word, brackets and figure 'clause (iii)' first substituted for the words, brackets, letter and figure 'sub-clause (iii) of clause (a)' by W.B. Act 58 of 1978, then the words, brackets and figures within third brackets substituted for the word, brackets and figure 'clause (iii)' by W.B. Act 37 of 1984.] of sub-section (2) of section 94 [shall neither participate in, nor be eligible, for, such election:] [Words substituted for the words 'shall not be eligible for such election.' by W.B. Act 18 of 1994.][Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that on being elected, he shall not hold any office of profit during the period for which he holds or due to hold such office unless he has obtained leave of absence from his place of employment or shall- not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his office powers, due performance of his office functions or due discharge of his office duties:] [Substituted by Act No. 40 of 2017, dated 16.10.2017][Provided also that subject to such rules as may be made by the State Government in this behalf, the offices of the Sabhapati and the Sahakari Sabhapati shall be reserved for the Scheduled Castes and the Scheduled Tribes in such manner that the number of offices so reserved at the time of any general election shall bear, as nearly as may be, the same proportion to the total number of such offices within a district as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, in all the Blocks within such district taken together bears with the total population in the same area, and such offices shall be subject to allocation by rotation in the manner prescribed:] [3rd to 7th provisos inserted by W.B. Act 18 of 1994.][Provided also that after being elected to an [office of an office bearer] [Proviso Inserted by Act No. 5 of 2014, dated 31.3.2014.], he shall be all owed lien or leave of absence from the place of his employment for his full tenure in such office with effect from the date of his joining to such office by the Department or authority or undertaking or aided institution of the State Government under which he holds his office of profit;][Provided also that the offices of the Sabhapati and the Sahakari Sabhapati in any Panchayat Samiti having the Scheduled Castes or the Scheduled Tribes population, as the case may be, constituting not more than five per cent of the total population in the Block, shall not be considered for allocation by rotation:] [3rd to 7th provisos inserted by W.B. Act 18 of 1994.][provided also that in the event of the number of Blocks having the Scheduled Castes or the Scheduled Tribes population constituting more than five per cent of the total population, falling short of the number of the offices of the Sabhapati and the Sahakari Sabhapati required for reservation in a district, the State Election Commissioner may, by order, include, for the purpose of reservation, other such offices of the Sabhapati and the Sahakari Sabhapati beginning from the Block having higher proportion of the Scheduled Castes or the Scheduled Tribes, as the case may be, until the total number of seats required for reservation is obtained:] [3rd to 7th provisos inserted by W.B. Act 18 of 1994.][Provided also that not less than one-third of the total number of the offices of the Sabhapati and the Sahakari Sabhapati reserved for the Scheduled Castes and the Scheduled Tribes in a district, shall be reserved by rotation for the women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be:] [3rd to 7th provisos inserted by W. B. Act 18 of 1994.][Provided also that not less than one-third of the total number of offices of the Sabhapati and the Sahakari Sabhapati in a district including the offices reserved for the Scheduled Castes and the Scheduled Tribes, shall be reserved for the women, and the offices so reserved shall be determined by rotation in such manner as may be prescribed:] [3rd to 7th provisos inserted by W.B. Act 18 of 1994.][Provided also that in a district, determination of the offices of the Sabhapati reserved for the Scheduled Castes, the Scheduled Tribes and women shall precede such determination for the offices of Sahakari Sabhapati:] [8th to 10th provisos inserted by W.B. Act 24 of 1997.][Provided also that if, for any term of election (hereinafter referred to in this proviso as the said term of election), the office of the Sabhapati in a Panchayat Samiti is reserved for any category of persons in terms of the rules in force, the office of the Sahakari Sabhapati in the Panchayat Samiti shall not be reserved for the said term of election for any category and if, in accordance with the rules applicable to the office of the Sahakari Sabhapati, such office is required to be reserved for the said term of election, such reservation for the same category shall be made in another office of the Sahakari Sabhapati within the district in the manner prescribed, keeping the total number of offices so reserved for the said term of election equal to the number of such offices enquired to be reserved in accordance with the rules in force:] [8th to 10th provisos inserted by W.B. Act 24 of 1997.][Provided also that when in any term of election, an office of the Sahakari Sabhapati is not reserved on the ground that the corresponding office of the Sabhapati is reserved in the manner prescribed, such office of the Sahakari Sabhapati not reserved on the ground as aforesaid, shall be eligible for consideration for reservation during the next term of election the manner prescribed:] [8th to 10th provisos inserted by W.B. Act 24 of 1997.][Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section or elsewhere in this Act, the principle of rotation for the purpose of reservation of offices under this sub-section shall commence from the first election to be held after the coming into force of section 26 of the West Bengal Panchayat (Amendment) Act, 1994, and the roaster for reservation by rotation shall continue for every three successive terms for the complete rotation unless the State Election Commissioner, for reasons to be recorded in writing and by notification, directs fresh commencement of the rotation at any stage excluding one or more terms from the operation of the rotation:] [11th to 13th provisos inserted by W.B. Act 18 of 1994.][Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no woman, for whom the offices are reserved under this sub-section, shall, if eligible for the office of the Sabhapati or Sahakari Sabhapati, be disqualified for election to any office not so reserved:] [11th to 13th provisos inserted by W.B. Act 18 of 1994.][Provided also that the provisions for reservation of the offices of the Sabhapati and the Sahakari Sabhapati for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India.] [11th to 13th provisos inserted by W.B. Act 18 of 1994.](2)The meeting to be held under sub-section (1) shall be convened by the prescribed authority in the prescribed manner.(3)The Sabhapati and the Sahakari Sabhapati shall, subject to the provisions of section 101 and to their continuing as members, hold office for a period of [five years:] [Words substituted for the words 'four years' by W.B. Act 12 of 1982, w.e.f. 4.8.1982.][* * * * * * *] [[Proviso omitted by W.B. Act 18 of 1994, which was as under:-'Provided that a Sabhapati or a Sahakari Sabhapati shall continue in office after the expiry of the said period until a new Sabhapati or Sahakari Sabhapati is elected and assumes office or until an authority or a person or persons is or are appointed under the proviso to sub-section (2) of section 96.'.]](4)When-(a)the office of the Sabhapati falls vacant by reason of death, resignation, removal or otherwise, or(b)the Sabhapati is, by reason of leave, illness or other cause, temporarily unable to act, the Sahakari Sabhapati shall exercise the powers, perform the functions and discharge the duties of the Sabhapati until a new Sabhapati is elected and assumes office or until the Sabhapati resumes his duties, as the case may be.(5)When -(a)the office of the Sahakari Sabhapati falls vacant by reason of death, resignation, removal or otherwise, or(b)the Sahakari Sabhapati is, by reason of leave, illness or other cause, temporarily unable to act, the Sabhapati shall exercise the powers, perform the functions and discharge the duties of the Sahakari Sabhapati until a new Sahakari Sabhapati is elected and assumes office or until the Sahakari Sabhapati resumes his duties, as the case may be.(6)When the offices of the Sabhapati and the Sahakari Sabhapati are both vacant or the Sabhapati and the Sahakari Sabhapati are temporarily unable to act, the prescribed authority may appoint .[for a period of thirty days at a time] [Words inserted by W.B. Act 18 of 1994] a Sabhapati and a Sahakari Sabhapati from among the members of the Panchayat Samiti to act as such until a Sabhapati or a Sahakari Sabhapati is elected [or assumes office or until the Sabhapati or the Sahakari Sabhapati resumes duties, as the case may be,] [Words substituted for the words 'and resumes office' by W.B. Act 37 of 1984.][* * * * * * *] [[Sub-Section (7) omitted by W.B. Act 37 of 1984, which was as under:-'(7) If the Pradhan of a Cram Panchayat is elected Sabhapati or Sahakari Sabhapati of a Panchayat Samiti, he shall cease to be the Pradhan of the Cram Panchayat, but shall, notwithstanding anything in section 94, continue to be a member of the Panchayat Samiti for the full term of his office as such Sabhapati or Sahakari Sabhapati thereof under sub-section (3) of this section or section 104, as the case may be.'.]](8)The Sabhapati and the Sahakari Sabhapati of a Panchayat Samiti shall be paid out of the Panchayat Samiti Fund such [remuneration] [Word substituted for the word 'honoraria' by W.B. Act 17 of 1992.] and allowances and shall be entitled to leave of absence for such period or periods and on such terms and conditions, as may be prescribed.(9)[ Notwithstanding anything to the contrary contained in this Act, the State Government may, by an other in writing, remove a Sabhapati or a Sahakari Sabhapati from his office if, in its opinion, he holds any office of profit or carries on or is associated with any business, profession or calling in such manner that shall, or is likely to interfere with due exercise of his powers, performance of his functions or discharge of his duties:] [Sub-Section (9) inserted by W.B. Act 17 of 1992.]Provided that the State Government shall, before making any such order, give the person concerned an opportunity of making a representation against the proposed order.
