Section 119 in The West Bengal Panchayat Act, 1973
119. Staff of the Panchayat Samiti.
- [(1)(a) There shall be an Executive Officer for every Panchayat Samiti and the Block Development Officer shall be such Executive Officer ex officio.(b)If a Panchayat Samitit is of the opinion that its Executive Officer is consistently failing in discharging his duties and responsibilities in accordance with law, it may pass a resolution in a meeting specially convened for the purpose, supported by the majority of the existing members referred to in sub-section (2) of section 94 and shall bring the matter to the District Magistrate with a request to take appropriate remedial measures within one month from the date of communication of such resolution.(c)If the Panchayat Samiti feels that no action has been taken by the District Magistrate to remedy the situation or the action so far taken has not improved the situation within the next two months, the Panchayat Samiti may, at a meeting specially convened for the purpose, adopt a resolution supported by the majority of the existing members referred to in clause (b) to recall the Executive Officer adducing the reasons for such decision of the Pachayat Samiti and such resolution shall be sent to the State Government with a copy to the District Magistrate.(d)On receipt of the resolution under clause (c), the State Government shall enquire into the circumstances and satisfy itself about the justification of such resolution before recallinf such officer:Provided that if after enquiry the State Government is not satisfied about the propriety of recalling such officer, it may initiate procedure under section 209 to rescind the resolution.] [Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.](1A)[ There shall be a Joint Executive Officer for every Panchayat Samiti and the Joint Block Development Officer of the Block shall be the ex officio Joint Executive Officer.] [Sub-Section (1A) renumbered as sub-Section (1B) and new sub-Section (1A) inserted by W.B. Act 8 of 2003.](1B)[ There shall be a Secretary for every Panchayat Samiti and the Extension Officer, Panchayats shall be the ex officio Secretary.] [Sub-Section (1A) renumbered as sub-Section (1B) and new sub-section (1A) inserted by W.B. Act 8 of 2003.](2)[Subject to such rules as may be made by the State Government, a Panchayat Samiti] [Words substituted for the words 'A Panchayat Samiti' by W.B. Act 37 of 1984.] may appoint such other officers and employees as may be required by it and may fix the salaries to be paid to the persons so appointed:Provided that no post shall be created or abolished and no revision of the scale of pay of any post shall be made by the Panchayat Samiti without the prior approval of the State Government:[Provided further that subject to the decision of the Panchayat Samiti, the orders relating to appointment and other service matters concerning any post under the Panchayat Samiti] [Proviso inserted by W.B. Act 15 of 1997.] [shall be signed by, and be issued by or on behalf of, the Executive Officer.] [Words substituted for the words 'shall be issued by or on behalf of the Executive Officer.' by W.B. Act 8 of 2003.](3)[ The State Government shall make rules relating to the method of recruitment and the terms and conditions of service including the pay and allowances, superannuation, provident fund and gratuity of the employees of the Panchayat Samiti.] [Sub-Section (3) inserted by W.B. Act 37 of 1984.]
