(1)For every Gram the State Government shall constitute a Gram Panchayat bearing the name of the Gram.(2)Persons whose names are included in the electoral roll [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] [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 'of the West Bengal Legislative Assembly in force on the last date of nomination for Panchayat election' by W.B. Act 18 of 1994.] pertaining to the area comprised in the Gram, shall elect by secret ballot at such time and in such manner as may be prescribed, from among themselves such number of members [not being less than five] [Words substituted for the words 'not being less than seven' by W.B. Act 2 of 1983, w.e.f. 19.1.1983.] or [more than thirty] [Words substituted for the words 'more than twenty-five' by W.B. Act 18 of 1994.] [as the prescribed authority may, having regard to the number of voters in hill areas and other areas and in accordance with such rules as may be made in this behalf by the State Government, determine] [Words substituted for the words 'as may be determined by the prescribed authority in accordance with such rules as may be made in this behalf by the State Government' by W.B. Act 10 of 1978.] [* * * * *] [Words 'and the members so elected shall be the members of the Gram Panchayat' omitted by W.B. Act 17 of 1992.]:[Provided that seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in a Gram Panchayat, and the number of seats so reserved shall bear, are 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 Gram Panchayat to be filled up by election as the population of the Scheduled Castes in the Gram or of the Scheduled Tribes in that Gram, as the case may be, bears to the total population of that Gram 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 Gram, as the case may be, bears with the total population in that Gram] [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 Gram Panchayat 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 Gram Panchayat is determined by the prescribed authority or when seats are reserved for the Scheduled Castes and the Scheduled Tribes in a Gram Panchayat 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 Gram Panchayat, 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 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 and seventh provisos inserted by W.B. Act 18 of 1994.] of the number of members of a Gram Panchayat or fresh reservation on rotation of the number of seats in such Gram Panchayat 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 seats' 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:][Provided also that the provisions for reservation of seats 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.] [Sixth and seventh provisos inserted by W.B. Act 18 of 1994.](2A)[ The Gram Panchayat shall consist of the following member:-(i)members elected under sub-section (2);(ii)members of the Panchayat Samiti, not being Sabhapati or Sahakari Sabhapati, elected thereto from the constituency comprising any part of the Gram.](3)For the convenience of the election the prescribed authority shall, in accordance with such rules as may be made in this behalf by the State Government, -(a)divide the area of a Gram into constituencies, [* * * * *] [Words ',not being less than three or more than fourteen.' omitted by W.B. Act 2 of 1983. w.e.f. 19.1.1983.] on the basis of number of members of Gram Panchayat determined under sub-section (2);(b)allocate to each such constituency seats [, not exceeding two,] [Words substituted for the words ',not exceeding three,' by W.B. Act. 2 of 1983. w.e.f. 19.1.1983.] on the basis of electorate of the Gram:[Provided that such division into constituencies and such allocation of seats shall be made in such manner that the ratio between the population of the Gram and the number of seats in the Gram Panchayat shall, so far as practicable, be the same in any Gram Panchayat.] [Proviso inserted by W.B. Act 18 of 1994.][* * * * * * *] [[Sub-section (3A) first inserted by W.B. Act 10 of 1978, then omitted by W.B. Act 2 of 1983. w.e.f. 19.1.1983. The sub-section was as under:-'(3A) Notwithstanding anything contained in the foregoing provisions of this section, for the purpose of first election under this Act the local limits of jurisdiction of a Gram Sabha constituted under the West Bengal Panchayat Act, 1957, shall form a constituency:Provided that the prescribed authority may. If it thinks fit necessary so to do for the purpose of allocation of seats to a constituency, divide the local limits of jurisdiction of a Gram Sabha constituted under that Act into such number of the constituencies as the prescribed authority may think fit.'.]](4)Every Gram Panchayat constituted under this section shall be [,notwithstanding anything contained in section 210,] [Words and figures inserted by W.B. Act 10 of 1978.] 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.(5)Every Gram Panchayat shall be a body corporate having perpetual succession and a common seal and shall, by its corporate name, sue and be sued.
