Section 214A in The West Bengal Panchayat Act, 1973
214A. [ District Council. [Section 214A inserted by W.B. Act 18 of 1994.]
(1)There shall be a District Council for Panchayats in each districts consisting of the following members:-(i)Adhyaksha or the Chairperson - the Leader of the recognised political party in opposition having largest number of members directly elected with the reserved symbol of such recognised political party in the Zilla Parishad or the Mahakuma Parishad:Provided that if, in a term of general election, no member in opposition is elected with the reserved symbol of a recognised political party in a Zilla Parishad or Mahakuma Parishad, the Adhyaksha for that term shall be elected from amongst the members, not being Sabhadhipati, Sahakari Sabhadhipati or Karmadhyaksha, by the members of the Zilla Parishad or the Mahakuma Parishad, as the case may be, on majority vote in a meeting ;(ii)Upadhyaksha or the Vice-Chairperson - to be elected from amongst the members, not being the Sabhadhipati, Sahakari Sabhadhipati or Karmadhyaksha, by the members of the Zilla Parishad or the Mahakuma Parishad, as the case may be, on majority vote in a meeting :(iii)five members elected by the members of the Zilla Parishad or the Mahakuma Parishad, as the case may be, from amongst themselves:(iv)three members, being officers of the State Government or of any statutory body or corporation and having such specialised knowledge as the State Government may think fit, nominated by the State Government;(v)Additional Executive Officer of the Zilla Parishad or the Mahakuma Parishad - Member-Secretary.(2)Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, the functions of the District Council shall be as follows:-(a)to examine the accounts of the Panchayats within its territorial jurisdiction, in relation to the budget approved by the Panchayats concerned for the expenditure to be incurred by such Panchayats, the annual report of such Panchayats and such other accounts of such Panchayats as the District Council may think fit;(b)to satisfy itself, while scrutinising the accounts of the Panchayats, that -(i)the moneys shown in the accounts as having been disbursed were legally available for, and applicable to, the service or purpose to which they have been applied,(ii)the expenditure conforms to the rules governing such expenditure and also the financial proprieties of such expenditure, and(iii)every re-appropriation has been made in accordance with such rules as are applicable;(c)to consider the inspection reports on the annual audit of accounts of any Panchayat within its jurisdiction, conducted by the auditors appointed under section 186, and to examine the replies thereto furnished by the respective Panchayats;(d)to examine the accounts of stores and stocks maintained by the Panchayats within the area of their respective jurisdictions;(e)to pursue the matters relating to the unsettled objections raised in any inspection report on audit of accounts of such Panchayats and refer such matters to the authorities concerned suggesting corrective actions;(f)to suggest ways and means to remove the difficulties, if any, experienced by the Panchayats in giving effect to any provision of this Act or the rules made thereunder within their respective jurisdictions.(3)The term of office of the members of the District Council shall be for the entire period of the term of office of the members of the Zilla Parishad, unless a member of the District Council is restrained by any other provision of this Act from continuing as a member of the Zilla Parishad.(4)The District Council shall determine its own procedure and shall have the right to obtain a copy of every inspection report on audit of accounts of any Panchayat within the area of its jurisdiction and may call for any record of any Panchayat within such area to be produced for its inspection.(5)Without prejudice to the generality of the provisions in sub-section (4), the State Government may, by general or special order, provide for -(a)the procedure for convening of the meetings of the District Council and the procedure for the meetings,(b)the powers and duties of the Secretary of the District Council,(c)the terms of the office of different members of the District Council and the travelling allowances admissible to such members.(6)Any elected or nominated member of the District Council may resign his office as such member by tendering his resignation in writing to the Sabhadhipati of the Zilla Parishad or the Mahakuma Parishad, as the case may be, and such resignation shall take effect from the date on which it is accepted by the Sabhadhipati.(7)Any casual vacancy in the office of any member of the District Council shall be filled in such manner as may be prescribed and the member elected or nominated to fill such casual vacancy shall hold office for the unexpired portion of the term of the Zilla Parishad.]
