Section 172 in The West Bengal Panchayat Act, 1973
172. Karmadhyaksha and Secretary.
(1)The members of a Sthayee Samiti shall elect, in such manner as may be prescribed, a Chairman, to be called Karmadhyaksha, from among themselves:Provided that the members referred to in [clauses (i), (iii) and (iv) of sub-section (2) of section 140 shall not be eligible for such election:] [Words, brackets and figures 'clauses (iii) and (iv)' first substituted for the words, brackets, figures and letter 'sub-clauses (iti) and (iv) of clause (a)' by W.B. Act 58 of 1978, then the words, figures and brackets within third brackets substituted for the words, brackets and figures 'clauses (iii) and (iv)' by W.B. Act 37 of 1984.]Provided further that the Sabhadhipati shall be the ex officio Karmadhyaksha of the [Artha, Sanstha, Unnayan O Parikalpana] [Words substituted for the words 'Artha O Sanstha' by W.B. Act 37 of 1984.] Sthayee Samiti:[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 the Karmadhyaksha for Sishu O Nari Unnayan, Janakalyan O Tran Sthayee Samiti shall be elected from among the women members of the Sthayee Samiti.] [Added by W.B. Act No. 8 of 2010, dated 13.5.2010.][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 allowed 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:] [Section 163 renumbered as sub-Section (1) of that Section and sub-Section(2) inserted by W.B. Act 37 of 1984.][* * * * * * *] [[Sub-Section (2) omitted by W.B. Act 37 of 1984, which was as under:-'(2) If the Saphapati of a Panchayat Samiti is elected Karmadhyaksha of a Sthayee Samiti he shall cease to be the Sabhapati of the Panchayat Samiti, but shall, notwithstanding anything in section 140, continue to be a member of the Zilla Parishad for the full term of his office as Karmadhyaksha of the Sthayee Samiti.'.]](3)The Secretary of the Zilla Parishad shall act as Secretary [to the Artha, Sanstha Unnayan O Parikalpana Sthayee Samiti] [Words substituted for the words 'to all the Sthayee Samitis:' by W.B. Act 8 of 2003.]:[Provided that the members referred to in clauses] [Proviso inserted by W.B. Act 37 of 1984.] [(a), (b), (ba), (bb) and (bc)] [Word, letters and brackets substituted for the word, letter and brackets '(a) and (b)' by W.B. Act 8 of 2003.] of sub-section (2) of section 171 of a Sthayee Samiti may select, in such manner [as may be determined by the Sthayee Samiti in conformity with such direction as may be issued, by one or more orders, general or special, of the State Government] [Words substituted for the words 'as may be determined by the Karmadhyaksha.' by W.B. Act 8 of 2003.] one of the members referred to in clause (c) of that sub-section to act as the Secretary to such Sthayee Samiti:[Provided further that pending the selection of Secretary to a Sthayee Samiti under this clause or during any casual vacancy, in the post of the Secretary to a Sthayee Samiti, the Secretary of the Zilla Parishad shall act as Secretary to such Sthayee Samiti] [Proviso inserted by W.B. Act 8 of 2003.].(4)[ The Secretary to each Sthayee Samiti shall, in consultation with the Karmadhyaksha, convene the meeting of that Sthayee Samity] [Sub-Section (4) inserted by W.B. Act 37 of 1984.].(5)[ Notwithstanding anything contained in section 165 or elsewhere in this Act, the Karmadhyaksha shall -(a)be responsible for the financial and executive administration in respect of the schemes and programmes [under the purview and control of the Sthayee Samiti within the budgetary provisions of the Zilla Parishad;](b)be entitled, in respect of the work of the Sthayee Samiti, to call for any information, return, statement, account or report from the office of the Zilla Parishad and to enter on and inspect any immovable property of the Zilla Parishad or to inspect any work in progress and connected with the functions and duties of the Sthayee Samiti;(c)be entitled, when authorised by the Sthyaee Samiti, to require the attendance at its meeting of any officer of the Zilla Parishad;(d)exercise such other powers, perform such other functions and discharge such other duties, as the Zilla Parishad may, by general or special resolution, direct or as the State Government may, by rules made in this behalf, prescribe.](6)[ The Karmadhyaksha shall be paid out of the Zilla Parishad fund such remuneration and allowances, and shall be entitled to leave of absence for such period or periods and on such terms and conditions, as the State Government may by order direct or may by rules made in this behalf, prescribe.] [Sub-Sections (5) to (7) inserted by W.B. Act 17 of 1992.](7)[ Notwithstanding anything to the contrary contained in this Act, the State Government may, by an order in writing, remove a Karmadhyaksha 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, due performance of his functions or due discharge of his duties:] [Sub-Sections (5) to (7) 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 representation against the proposed order.
