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State of West Bengal - Section

Section 2 in The West Bengal Panchayat Act, 1973

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context, -
(1)"auditor" means an auditor appointed under section 186 and includes any officer authorised by him to perform all or any of the functions of an auditor under Chapter XVIII;
(2)"Block" means an area referred to in section 93;
(3)"Block Development Officer" means an officer appointed as such by the State Government [and includes the Joint Block Development Officer in charge of the Block] [Words inserted by W.B. Act 37 of 1984.];
(4)"case" means a criminal proceeding in respect of an offence triable by a Nayaya Panchayat;
(4a)[ "Collector" means an officer appointed as such by the State Government;] [Clause (4a) inserted by W.B. Act 37 of 1984.]
(4b)[ "Council" means the Darjeeling Gorkha Hill Council constituted under the Darjeeling Gorkha Hill Council Act, 1988;] [Clause (4b) inserted by W.B. Act 20 of 1988.]
(5)"District Magistrate" includes an Additional District Magistrate, a Deputy Commissioner, an Additional Deputy Commissioner and any other Magistrate appointed by the State Government to discharge all or any of the functions of a District Magistrate under this Act;
(6)[ "Director of Panchayats" means the Director of Panchayats and Rural Development, Government of West Bengal, and includes a Joint Director of Panchayats and Rural Development, a Deputy Director of Panchayats and Rural Development and an Assistant Director of Panchayats and Rural Development;] [[Clauses (6) and (7) substituted by W.B. Act 24 of 1997, which were earlier as under:-'(6) 'Director of Panchayats' means the Director of Panchayats. Department of Panchayats. Government of West Bengal, and includes a Joint Director of Panchayats, a Deputy Director of Panchayats and an Assistant Director of Panchayats:
(7)'District Panchayat Officer' means an officer appointed as such by the State Government;'.]]
(7)[ "District Panchayat Officer" means a District Panchayat and Rural Development Officer appointed as such by the State Government;] [[Clauses (6) and (7) substituted by W.B. Act 24 of 1997, which were earlier as under:-'(6) 'Director of Panchayats' means the Director of Panchayats. Department of Panchayats. Government of West Bengal, and includes a Joint Director of Panchayats, a Deputy Director of Panchayats and an Assistant Director of Panchayats:
(7)'District Panchayat Officer' means an officer appointed as such by the State Government;'.]]
(8)"District Planning Committee" means the District Planning Committee established by the State Government for a district;
(8b)"Executive Assistant" of a Gram Panchayat means an Executive Assistant appointed as such in a Gram Panchayat under subsection (2) of section 35;] [Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.]
(9)"Extension Officer, Panchayats" means an officer appointed as such by the State Government;
(9a)[ "general election" means an election of members held simultaneously for constitution of Gram Panchayats, Panchayat Samitis, Mahakuma Parishad, or Zilla Parishads or any two or more of Gram Panchayats, Panchayat Samitis, Mahakuma Parishad, or Zilla Parishads in such area as the State Government may by notification specify;] [Clause (9a) inserted by W.B. Act 17 of 1992.]
(10)[ "Gram" means an area referred to in section 3;] [[Clause (10) substituted by W.B. Act 2 of 1983, w.e.f. 19.1.1983, which was earlier as under:-'(10) 'Gram' means any mauza, part of a mauza or group of contiguous mauzas or parts thereof declared by the State Government under sub-section (1) of section 3 to be a Gram;'.]]
(11)"Gram Panchayat" means a Gram Panchayat constituted under section 4;
(11a)[ "Gram Sabha" means a body consisting of persons registered in the electoral rolls pertaining to a Gram declared as such under sub-section (1) of section 3;] [[Clause (11a) first inserted by W.B. Act 10 of 1978, then substituted by W.B. Act 20 of 1988, and finally clauses (11a), (11b) and (11c) substituted by W.B. Act 18 of 1994. Previous clause (11a) was as under:-'(11a) 'hill areas' has the same meaning as in the Darjeeling Gorkha Hill Council Act. 1988;'.]]
(11b)[ "Gram Sansad" means a body consisting of persons registered at any time in the electoral rolls pertaining to a constituency of a Gram Panchayat delimited for the purpose of last preceding general election to the Gram Panchayat] [[Clause (11a) first inserted by W.B. Act 10 of 1978, then substituted by W.B. Act 20 of 1988, and finally clauses (11a), (11b) and (11c) substituted by W.B. Act 18 of 1994. Previous clause (11a) was as under:-'(11a) 'hill areas' has the same meaning as in the Darjeeling Gorkha Hill Council Act. 1988;'.]];
(11c)[ "hill areas" has the same meaning as in the Darjeeling Gorkha Hill Council Act, 1988;] [[Clause (11a) first ins by W.B. Act 10 of 1978, then substituted by W.B. Act 20 of 1988, and finally clauses (11a), (11b) and (11c) substituted by W.B. Act 18 of 1994. Previous clause (11a) was as under:-'(11a) 'hill areas' has the same meaning as in the Darjeeling Gorkha Hill Council Act. 1988;'.]]
(12)"Karmadhyaksha" means the Karmadhyaksha of a Sthayee Samiti of a Panchayat Samiti elected under section 125 or of a Sthayee Samiti of a Zilla Parishad elected under section 172, as the case may be;
(12a)[ "Leader" in a Panchayat relating to a recognized political party means a Leader selected as such within the concept and meaning of sub-section (3) of section 213A;] [Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.][[(12b)] [Clause (12a) inserted by W.B. Act 20 of 1988.] "Mahakuma Parishad" means the Mahakuma Parishad or the subdivision of Siliguri in the district of Darjeeling constituted under section 185B;]
(13)[ "mauza" means an area defined, surveyed and recorded as such in the revenue record of a district and referred to in clause (g) of article 243 of the Constitution of India as the lowest unit of area for the purpose of public notification for specifying a village;] [[Clause (13) substituted by W.B. Act 18 of 1994, which was earlier as under:-'(13) 'mauza' means an area defined, surveyed and recorded as a distinct and separate village in the revenue record of the district in which it is situate;'.]]
(13a)[ "Municipality" means an institution of self-government constituted under article 243Q of the Constitution of India;] [Clause (13a) inserted by W.B. Act 2 of 1995.]
(14)"notification" means a notification published in the Official Gazette;
(15)"Nyaya Panchayat" means a Nyaya Panchayat constituted under section 51;
(15a)[ "office bearer" means the Pradhan, Upa-Pradhan, Sabhapati, Sahakari Sabhapati, Sabhadhipati or Sahakari Sabhadhipati or any two or more of them together;] [Clauses (15a) and (15b) inserted by W.B. Act 18 of 1994.]
(15b)[ "Panchayat" means an institution of [self-government constituted under article 243B of the Constitution of India], [Clauses (15a) and (15b) inserted by W.B. Act 18 of 1994.] and includes Gram Panchayat, Panchayat Samiti, Mahakuma Parishad or Zilla Parishad;
(16)"Panchayat Samiti" means a Panchayat Samiti constituted under section 94;
(16a)[ "population" means the population as ascertained at the last preceding census of which the relevant figures have been published;] [Clause (16a) inserted by W.B. Act 17 of 1992.]
(17)"Pradhan" means a Pradhan of a Gram Panchayat elected under section 9;
(18)"prescribed" means prescribed by rules made under this Act;
(19)"prescribed authority" means an authority appointed by the State Government by notification, [for any one or more purposes] [Substituted 'for all or any of the purposes' by W.B. Act No. 8 of 2010, dated 13.5.2010.] of this Act;
(20)"public street" means any street, road, lane, gully, alley, passage, pathway, bridge, square or court, whether a thoroughfare or not, over which the public have a right of way, and includes side drains or gutters and the land up to the boundary of any abutting property, notwithstanding the projection over such land or any verandah or other superstructure;
(20A)[ "recognised political party" means a national party or a State party recognised as such by the Election Commission of India by notification for the time being in force;] [Clause (20A) inserted by W.B. Act 18 of 1994.]
(21)"Sabhapati" means a Sabhapati of a Panchayat Samiti, elected under section 98;
(22)"Sabhadhipati" means a Sabhadhipati of a Zilla Parishad, [elected under section 143, and includes the Sabhadhipati of the Mahakuma Parishad;] [Words and figures substituted for the words and figures 'elected under section 143;' by W.B. Act 20 of 1988.]
(23)"Sahakari Sabhapati" means a Sahakari Sabhapati of a Panchayat Samiti, elected under section 98;
(24)"Sahakari Sabhadhipati" means a Sahakari Sabhadhipati of a Zilla Parishad, [elected under section 143, and includes the Sahakari Sabhadhipati of the Mahakuma Parishad;] [Words and figures substituted for the words and figures 'elected under section 143;' by W.B. Act 20 of 1988.]
(25)"Scheduled Castes" means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of West Bengal under article 341 of the Constitution of India;
(26)"Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of West Bengal under article 342 of the Constitution of India;
(26A)[ "Secretary" of a Gram Panchayat means a Secretary appointed as such in a Gram Panchayat under sub-section (2) of section 35;] [Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.][[(26AA)] [Clause (26A) inserted by W.B. Act 18 of 1994.] "State Election Commissioner" means the State Election Commissioner referred to in sub-section (1) of section 3 of the West Bengal State Election Commission Act, 1994;]
(26B)[ "State Government" means the State Government in the Department of Panchayats and Rural Development;] [Clause (26B) inserted by W.B. Act 15 of 1997.]
(27)"State Planning Board" means the West Bengal State Planning Board established by the State Government;
(27A)[ "Sub-divisional Officer" means an officer appointed as such by the State Government, and includes an Additional Sub-divisional Officer having jurisdiction;] [Clause (27A) inserted by by W.B. Act 24 of 1997.]
(28)"suit" means a civil suit triable by a Nyaya Panchayat;
(29)"Upa-Pradhan" means an Upa-Pradhan of a Gram Panchayat, elected under section 9;
(30)"year" means the year beginning on the first day of April;
(31)"Zilla Parishad" means a Zilla Parishad of a district constituted under section 140.