11. Establishment, constitution and incorporation of Gram Panchayat.
(1)There shall be a Gram Panchayat for every Gram Sabha.(2)The members of a Gram Sabha shall [elect at such time and in such manner as may be prescribed] [Words substituted for the words 'elect in the manner prescribed' by W.B. Act 15 of 1959.] from amongst themselves such number of members not being less than nine or more than fifteen as may be determined by the prescribed authority [in accordance with such rules as may be prescribed in this behalf by the State Government on the basis of the number of members of the Gram Sabha] [Words inserted by W.B. Act 27 of 1965.], and the members so elected shall constitute the Gram Panchayat.(2a)[ If within the time fixed for the election, the members of a Gram Sabha fail to elect the number of members to be elected under sub-section (2), another election shall be held to fill the vacancy or vacancies remaining unfilled and in case the members of the Gram Sabha still fail to elect the number of members at such second election, the State Government may appoint a member or members to complete the number. Any person so appointed shall be deemed to be a duly elected member.] [Sub-section (2a) inserted by W.B. Act 15 of 1959.](3)[ For the convenience of election, the prescribed authority shall, in accordance with such rules as may be prescribed in this behalf by the State Government,-(i)divide the area of a Gram Sabha into constituencies, not being less than three or more than five, on the basis of the number of members of the Gram Panchayat determined under sub-section (2),(ii)allocate to each such constituency, [seats not being less than two] or more than four, on the basis of the number of members of the Gram Sabha pertaining thereto.](4)Every Gram Panchayat shall be a body corporate by the name of the Gram Panchayat having perpetual succession and a common seal and shall, subject to the restrictions or qualifications, if any, imposed under this Act or under any other law for the time being in force, have power to accept a gift of, acquire, hold, administer and transfer property both movable and immovable and to enter into any contract or do all things necessary for carrying out its duties under this Act and shall, by its name, sue and be sued.(5)Notwithstanding anything in sub-section (2), the State Government may associate with any Gram Panchayat elected under that sub-section or appointed under section 13, for such period as it thinks fit, any person whether a member of the Gram Sabha concerned or not, who may, in the opinion of the State Government, possess special qualifications for serving on the Gram Panchayat to enable it to function effectively; and all such person or persons shall be deemed to be members of the Gram Panchayat for all purposes except that they shall not have the right to vote and shall not be eligible for being elected as Adhyaksha or Upadhyaksha :Provided that the total number of persons so associated with a Gram Panchayat shall not exceed one-third of the total number of members constituting the Gram Panchayat.(6)Every Gram Panchayat shall, at its first meeting at which a quorum is present elect, subject to the provisions of sub-section (5), one of its members to be the Adhyaksha and another member to be the Upadhyaksha of the Gram Panchayat in the manner prescribed :Provided that if the Gram Panchayat fails to elect an Adhyaksha, the Adhyaksha of the outgoing Gram Panchayat shall resume office and continue to hold the same until a new Adhyaksha is elected.
