Section 113 in The West Bengal Panchayat Act, 1957
113. Liability of member, Pradhan, etc., for loss due to negligence.
- Every member of an Anchal Panchayat or a Gram Panchayat including the Pradhan, Upa-Pradhan, Adhyaksha and Upadhyaksha shall be jointly and severally liable for the loss, waste or misapplication of any money or property vested in or belonging to the Panchayat concerned, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while holding the office of the Pradhan, Upa-Pradhan, Adhyaksha or Upadhyaksha or member of the Panchayat, and a suit" for compensation or a case for breach of trust may be instituted against him by the Panchayat concerned with the previous sanction of the Subdivisional Magistrate :Provided that if the Subdivisional Magistrate sanctions or refuses to sanction the institution of a suit or case under this section, the member concerned or the Panchayat concerned may, within thirty days from the date of such order, appeal to the District Magistrate against the said sanction or refusal as the case may be and the decision of the District Magistrate thereon shall be final :Provided further that the District Magistrate or the Subdivisional Magistrate may, of his own motion, direct the Panchayat concerned to institute a suit or case under this section.
