Section 109 in The West Bengal Panchayat Act, 1973
109. Power of Panchayat Samiti.
(1)[A Panchayat Samiti shall function as a unit of self-government and, in order to achieve economic development and secure social justice for all, shall prepare -(i)a development plan for the five-year term of the office of the members, and(ii)an annual plan for each year by the month of January of the proceeding year,in furtherance of its objective of development of the community as a whole and socio-economic upliftment of the individual members of the community and, without prejudice to the generality of the above provisions, shall have power to -] [Words, figures and brackets substituted for the words 'A Panchayat Samiti shall have power to -' by W.B. Act 18 of 1994.](a)[(i) undertake schemes or adopt measures, including the giving of financial assistance, relating to the development of agriculture, fisheries, live-stock, khadi, cottage and small-scale industries, cooperative movement, rural credit, water-supply, irrigation and minor irrigation including water management and watershed development, public health and sanitation including establishment and maintenance of dispensaries and hospitals, communication, primary and secondary education, adult and non-formal education, welfare of students, social forestry and farm forestry including fuel and fodder, rural electrification including distribution, non- conventional energy sources, women and child development, social welfare and other objects of general public utility;] [[Clause (i) substituted by W.B. Act 18 of 1994, which was earlier as under:-'(1) undertake schemes or adopt measures. Including the giving of financial assistance relating to the development of agriculture, livestock, cottage industries, co-operative movement, rural credit, water-supply, irrigation, public health and sanitation including establishment of dispensaries and hospitals, communication, primary or adult education including welfare of students, social welfare and other objects of general public utility;'.]](ii)undertake execution of any scheme, performance of any act, or management of any institution or organisation entrusted to it by the State Government or any other authority;[Provided that without prejudice to the terms and conditions laid down in the guidelines relating to a poverty alleviation programme in which beneficiaries are selected not on the basis of entitlement or demand but using discretion of the Panchayat body concerned, the implementing agency shall take steps to esure that as nearly as possible three percent of the total number of beneficiaries for such programme shall constitute people with any form of disability.] [Added by W.B. Act 8 of 2010, dated 13.5.2010.](iii)manage or maintain any work of public utility or any institution vested in it or under its control and management;(iv)make grants-in-aid of any school, public institution or public welfare organisation within the Block;(b)make grants to the Zilla Parishad [or Mahakuma Parishad or Council] [Words inserted by W.B. Act 20 of 1988.] or Gram Panchayats;(c)contribute with the approval of the State Government such sum or sums as it may decide, towards the cost of water-supply or anti-epidemic measures undertaken by a municipality within the Block;(d)adopt measures for the relief of distress;(e)co-ordinate and integrate the development plans and schemes prepared by Gram Panchayats in the Block, if and when necessary;[* * * * *] [[Clause (f) omitted by W.B. Act 18 of 1994, which was earlier as under:-'(f) examine and sanction the budget estimates of Gram Panchayats in the Block.'.]](2)Notwithstanding anything in sub-section (1), a Panchayat Samiti shall not undertake or execute any scheme confined to an area over which a Gram Panchayat has jurisdiction unless the Gram Panchayat is of opinion that the implementation of such a scheme is beyond its competence financially or otherwise and passes a resolution to that effect. In the latter case the Panchayat Samiti may execute the scheme itself or entrust its execution to the Gram Panchayat and give such assistance as may be required :[Provided that a Panchayat Samiti may undertake or execute any scheme referred to in sub-clause (ii) of clause (a) of sub-section (1) confined to an area over which a Gram Panchayat has jurisdiction] [Proviso inserted by W.B. Act 37 of 1984.].(3)A Panchayat Samiti may undertake or execute any scheme if it extends to more than one Gram.
