Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of West Bengal - Section

Section 96 in The West Bengal Panchayat Act, 1973

96. [ Office of members of Panchayat Samiti. [[Section 96 substituted by W.B. Act 18 of 1994, which was earlier as under:-

'96. Term of office of members of Panchayat Samiti. - (1) The members of a Panchayat Samiti other than the ex officio members shall, subject to the provisions of sub-section (2) of this section and section 100, hold office for a period of five years from the date of poll in the general election for constitution of Panchayat Samitis.
(2)The period of five years referred to in sub-section (1) shall be held to include any period which may elapse between the expiry' of the said period and the date of the first meeting of the newly formed Panchayat Samiti after a fresh election at which a quorum is present :Provided that if such first meeting of the newly-formed Panchayat Samiti cannot be held within three months of the expiry of the said period of five years, the State Government may by order, terminate the term of office of the members of the Panchayat Samiti continuing in office under this sub-section and appoint any authority, person or persons to exercise and perform, subject, to such conditions as may be specified in the order, the powers and functions of the Panchayat Samiti under this Act or any other law for the time being in force until the date on which such first meeting of the newly-formed Panchayat Samiti is held.'.]]
(1)The members of a Panchayat Samiti, other than ex officio members, shall, subject to the provisions of sections 100 and 213A, hold office for a period of five years from the date of its first meeting and no longer.
(2)There shall be held a general election for the constitution of a Panchayat Samiti within a period not exceeding five years from the date of the previous general election held for the Panchayat Samiti:][Provided that if the first meeting of the newly-formed Panchayat Samiti cannot be held before the expiry of the period of five years under sub-section (1), the State Government may, by order, appoint, any authority, person or persons to exercise and perform, subject to such conditions as may be specified in the order, the powers and functions of the Panchayat Samiti under this Act or any other law for the time being in force, for a period not exceeding three months at a time or until the date on which such first meeting of the newly-formed Panchayat Samiti is held, whichever is earlier.] [Added by W.B. Act No. 8 of 2010, dated 13.5.2010.][96A. * * * * * * *] [[Section 96A first inserted by W.B. Act 17 of 1992, then omitted by W.B. Act 18 of 1994, which was as under:-'96A. General election to Panchayat Samitis. - (1) There shall be held a general election for the constitution of a Panchayat Samiti in accordance with the provisions of section 94 before the expiry of the term of office of the members thereof under section 96.
(2)Notwithstanding anything contained in sub-section (1), if the State Government is of opinion that circumstances exist under which it is not possible to Hold election in the area or in any part of the area of a Panchayat Samiti, it may, on the expiry of the term of office of the members of the Panchayat Samiti under sub-section (1) of section 96, by an order published in the Official Gazette, extend such term of office for such period, not exceeding six months at a time, as may be specified in the order :Provided that prior to the issue of any notification for such extension of the term of office beyond six months from the date of expiry of the term under sub-section (1) of section 96, such notification shall be laid before the State Legislature and shall be subject to such modification as the State Legislature may make.'.]]