(1)For every Block the State Government shall constitute a Panchayat Samiti bearing the name of the Block.(2)The Panchayat Samiti shall consist of the following members, namely:-(i)Pradhans of the Gram Panchayats within the Block, ex officio;(ii)such number of persons not exceeding "three as may be prescribed [on the basis of the number of voters in hill areas and other areas] [Words inserted by W.B. Act 10 of 1978.] to be elected from each Gram within the Block, the Gram being divided [by the prescribed authority] [Words inserted by W.B. Act 2 of 1983. w.e.f. 19.1.1983.] for the purpose into as many constituencies as the number of persons to be elected and the election being held by secret ballot at such time and in such manner as may be prescribed, [from amongst the persons, whose names are included in the electoral roll] [Words 'in force on the last date of nominations for Panchayat election' first substituted for the words 'for the time being in force' by W.B. Act 37 of 1984, then the words within third brackets substituted for the words 'from amongst themselves by persons whose names are included in the electoral roll of the West Bengal Legislative Assembly in force on the last dale of nomination for Panchayat election pertaining to the constituency comprised in such Gram' by W.B. Act 17 of 1992.] [pertaining to the area comprised in the Block, prepared in accordance with such rules as may be made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for the purpose of an election by persons whose names are included in such electoral roll pertaining to the constituency comprised in such Gram:] [Words substituted for the words 'of the West Bengal Legislative Assembly in force on the last date of nomination for Panchayat election pertaining to the area comprised in the Block.' by W.B. Act 18 of 1994.][Provided that seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in a Panchayat Samiti and the number of seats so reserved shall bear, as nearly as may be and in the manner and in accordance with such rules as may be made in this behalf by the State Government, the same proportion to the total number of seats in that Panchayat Samiti to be filled up by election as the population of the Scheduled Castes in the Panchayat Samiti area, or of the Scheduled Tribes in that Panchayat Samiti area, as the case may be, bears to the total population of the Panchayat Samiti area and such seats shall be subject to allocation by rotation, in the manner prescribed, to such different constituencies having Scheduled Castes or Scheduled Tribes population which bears with the total population in that constituency not less than half of the proportion that the total Scheduled Castes population or the Scheduled Tribes population in that Panchayat Samiti area, as the case may be, bears with the total population in that Panchayat Samiti area:] [First to fifth provisos inserted by W.B. Act 17 of 1992.][Provided further that not less than one-third of the total number of seats reserved for the Scheduled Castes and the Scheduled Tribes shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be:] [First to fifth provisos inserted by W. B. Act 17 of 1992.][Provided also that not less than one-third of the total number of seats, including the seats reserved for the Scheduled Castes and the Scheduled Tribes, in a Panchayat Samiti shall be reserved for women, and the constituencies for the seats so reserved for women shall be determined by rotation, in such manner as may be prescribed:] [First to fifth provisos inserted by W. B. Act 17 of 1992.][Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section [* * * * *] [First to fifth provisos inserted by W. B. Act 17 of 1992.] when the number of members to be elected to a Panchayat Samiti is determined, or when seats are reserved for the Scheduled Castes and the Scheduled Tribes in a Panchayat Samiti, in the manner as aforesaid, the number of members so determined or the number of seats so reserved shall not be varied for three successive general elections:][Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no woman for whom seats are reserved under this sub-section, shall, if eligible for election to a Panchayat Samiti, be disqualified for election to any seat not so reserved:] [First to fifth provisos inserted by W. B. Act 17 of 1992.][Provided also that such division into constituencies shall be made in such manner that the ratio between the population of the Block and the number of constituencies in the Panchayat Samiti shall, so far as practicable, be the same in any Panchayat Samiti:] [Sixth to eighth provisos inserted by W.B. Act 18 of 1994.][Provided also that the State Election Commissioner may, at any time, for reasons to be recorded in writing [, by order, direct the prescribed authority to make fresh determination] [Sixth to eighth provisos inserted by W.B. Act 18 of 1994.] of the number of members in a Panchayat Samiti or fresh reservation on rotation of the number of seats in the Panchayat Samiti and, on such order being issued by the State Election Commissioner, the determination of the number of members [or the number of seats to be reserved or the sequence of rotation of reservation of seats or any combination of them as may be specified in such order] [Words substituted for the words 'and the reservation of the number of seals' by W.B. Act 24 of 1997.] shall not be varied for [the next] [Words inserted by W.B. Act 15 of 1997.] three successive general elections:](iii)[ [(a) members of the House of the People and the Legislative Assembly or the State elected thereto from a constituency comprising the Block or any part thereof, not being Ministers or directly elected members of Panchayat Samiti or not being Sabhadhipati (or Sahakari Sabhadhipati of Zilla Parishad elected thereto from a constituency comprising the Block, ex Officio;] [[Clause (iii) substituted by W.B. Act 23 of 1979, which was earlier as under:-'(iii) members of the House of the People and the Legislative Assembly of the State elected thereto from a constituency comprising the Block or any part thereof, not being Ministers and members of the Council of States, not being Ministers, having a place of residence in the Block.'.]]](b)members of the Council of States, not being Ministers, [(registered as electors within the area of the Block;) and] [Words 'Block; and' first substituted for the word 'Block.' by W.B. Act 17 of 1992, then the words within first brackets substituted for the words 'having a place of residence in the Block;' by W.B. Act 18 of 1994.](c)[ members of the Zilla Parishad, not being Sabhadhipati or Sahakari Sabhadhipati, elected thereto from the constituency comprising any part of the Block.] [Sub-clause (c) inserted by W.B. Act 17 of 1992.](3)Every Panchayat Samiti constituted under this section shall [* * * * *] [Words and figures ',notwithstanding anything contained in section 210.' first inserted by W.B. Act 10 of 1978, then omitted by W.B. Act 18 of 1994.] be notified in the Official Gazette and shall come into office with effect from the date of its first meeting at which a quorum is present.(4)Every Panchayat Samiti shall be a body corporate having perpetual succession and a common seal and shall by its corporate name sue and be sued.
