(1)Every Gram Panchayat shall, at its first meeting at which a quorum is present, elect, in the prescribed manner, one of its members to be the Pradhan and another member to be the Upa-Pradhan of the Gram Panchayat:[Provided that the members referred to in clause (ii) of sub-section (2A) of section 4] [Proviso inserted by W.B. Act 17 of 1992.] [shall neither participate in, nor be eligible for, such election:] [Words substituted for the words 'shall not be eligible for such election,' by W.B. Act 18 of 1994.][Provided further that subject to such rules as may be made in this behalf by the State Government, a member shall not be eligible for such election unless he declares in writing that on being elected, he shall be a wholetime functionary of his office and that during the period for which he holds or is due to hold such office, he shall not hold any office of profit unless he has obtained leave of absence from his place of employment or shall not carry on or be associated with any business, profession or calling in such manner that shall or is likely to interfere with due exercise of his powers, performance of his functions or due discharge of his duties:] [Proviso inserted by W.B. Act 15 of 1997.][Provided also that after being elected to the office of a full time office bearer, he shall be allowed lien or leave of absence from the place of his employment for his full tenure in the office of the Pradhan with effect from the date of his joining to such office by the Department or authority or undertaking or aided institution of the State Government under which he holds his office of profit:] [Proviso Inserted by Act No. 5 of 2014, dated 31.3.2014.][ [(Provided also)] [Provisos inserted by W.B. Act 18 of 1994.] that subject to such rules as may be made by the State Government in this behalf, the offices of the Pradhan and the Upa-Pradhan shall be reserved for the Scheduled Castes and the Scheduled Tribes in such manner that the number of offices so reserved at the time of any general election shall bear, as nearly as may be, the same proportion to the total number of such offices within a district as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, in all the Blocks within such district taken together bears with the total population in the same area, and such offices shall be subject to allocation by rotation in the manner prescribed:][Provided also that the offices of the Pradhan and the Upa-Pradhan in any Gram Panchayat having the Scheduled Castes or the Scheduled Tribes population, as the case may be, constituting not more than five per cent of the total population in the Gram, shall be considered for allocation by rotation:] [Provisos inserted by W.B. Act 18 of 1994.][Provided also that in the event of the number of Grams having the Scheduled Castes or the Scheduled Tribes population constituting more than five per cent of the total population, falling short of the number of the offices of the Pradhan and the Upa-Pradhan required for reservation in a district, the State Election Commissioner may, by order, include, for the purpose of reservation, other such offices of the Pradhan and the Upa-Pradhan beginning from the Gram having higher proportion of the Scheduled Castes or the Scheduled Tribes, as the case may be, until the total number of seats required for reservation is obtained:] [Provisos inserted by W.B. Act 18 of 1994.][Provided also that in a district, determination of the offices of the Pradhan reserved for the Scheduled Castes, the Scheduled Tribes and women shall precede such determination of the offices of the Upa-Pradhan] [Provisos inserted by W.B. Act 24 of 1997.]:[Provided also that if, for any term of election (hereinafter referred to in this proviso as the said term of election), the office of the Pradhan in a Gram Panchayat is reserved for any category of persons in accordance with the rules in force, the office of the Upa-Pradhan in that Gram Panchayat shall not be reserved for the said term of election for any category, and if, in accordance with the rules applicable to the office of the Upa-Pradhan, such office is required to be reserved for the said term of election, such reservation for the same category shall be made in another office of the Upa-Pradhan within the district in the manner prescribed, keeping the total number of offices so reserved for the said term of election equal to the number of such offices required to be reserved in accordance with the rules in force:] [Provisos inserted by W.B. Act 24 of 1997.][Provided also that when in any term of election, an office of the Upa-Pradhan in not reserved on the ground that the corresponding office of the Pradhan is reserved in the manner prescribed, such office of the Upa-Pradhan not reserved on the ground as aforesaid, shall be eligible for consideration for reservation during the next term of election in the manner prescribed:] [Provisos inserted by W.B. Act 24 of 1997.][provided also that not less than one-third of the total number of the offices of the Pradhan and the Upa-Pradhan reserved for the Scheduled Castes and the Scheduled Tribes in a district, shall be reserved by rotation for the women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be:] [Provisos inserted by W.B. Act 18 of 1994.][Provided also that not less than one-third of the total number of offices of the Pradhan and the Upa-Pradhan in a district including the offices reserved for the Scheduled Castes and the Scheduled Tribes, shall be reserved for the women, and the offices so reserved shall be determined by rotation in such manner as any be prescribed:] [Provisos inserted by W.B. Act 18 of 1994.][Provided also that notwithstanding anything contained in the foregoing provisions of this sub-section or elsewhere in this Act, the principle of rotation for the purpose of reservation of offices under this sub-section shall commence from the first general elections to be held after the coming into force of section 8 of the West Bengal Panchayat (Amendment)) Act, 1994, and the roaster for reservation by rotation shall continue for every three successive terms for the complete rotation unless the State Election Commissioner, for reasons to be recorded in writing and by notification, directs fresh commencement of the rotation at any stage excluding one or more terms from the operation of the rotation:] [Provisos inserted by W.B. Act 18 of 1994.][Provided also that no member of the Scheduled Castes or the Scheduled Tribes and no woman, for whom the offices are reserved under this sub-section, shall if eligible for the office of the Pradhan or the Upa-Pradhan, be disqualified for election to any office not so reserved:] [Provisos inserted by W.B. Act 18 of 1994.][Provided also that the provisions for reservation of the offices of the Pradhan and the Upa-Pradhan for the Scheduled Castes and the Scheduled Tribes shall cease to have effect on the expiry of the period specified in article 334 of the Constitution of India.] [Provisos inserted by W.B. Act 18 of 1994.](2)The meeting to be held under sub-section (1) shall be convened by the prescribed authority in the prescribed manner.(3)The Pradhan and the Upa-Pradhan shall, subject to the provisions of section 12 and to their continuing as members, hold office for a period of [five years] [Words substituted for the words 'four years' by W.B. Act 12 of 1982, w.e.f. 4.8.1982.]:[* * * * * * *] [[Proviso omitted by W.B. Act 18 of 1994, which was as under:'Provided that a Pradhan or an Upa-Pradhan shall continue in office after the expiry of the said period until a new Pradhan or Upa-Pradhan Is elected and assumes office or until an authority, or a person or persons is or are appointed under the proviso to sub-section (2) of section 7.'.]](4)When -(a)the office of the Pradhan falls vacant by reason of death, resignation, removal or otherwise, or(b)the Pradhan is, by reason of leave, illness or other cause, temporarily unable to act,the Upa-Pradhan shall exercise the powers, perform the functions and discharge the duties of the Pradhan until a new Pradhan is elected and assumes office or until the Pradhan resumes his duties, as the case may be.(5)When -(a)the office of the Upa-Pradhan falls vacant by reason of death, resignation, removal or otherwise, or(b)the Upa-Pradhan is, by reason of leave, illness or other cause, temporarily unable to act,the Pradhan shall exercise the powers, perform the functions and discharge the duties of the Upa-Pradhan until a new Upa-Pradhan is elected and assumes office or until the Upa-Pradhan resumes his duties, as the case may be.(6)When the offices of the Pradhan and the Upa-Pradhan are both vacant, or the Pradhan and the Upa-Pradhan are temporarily unable to act, the prescribed authority may appoint [for a period of thirty days at a time] [Words inserted by W.B. Act 18 of 1994.] a Pradhan and an Upa-Pradhan from among the members of the Gram Panchayat to act as such until a Pradhan or an Upa-Pradhan is elected and assumes office [or until the Pradhan or the Upa-Pradhan resumes duties, as the case may be] [Words inserted by W.B. Act 37 of 1984.].(7)The Pradhan and the Upa-Pradhan of a Gram Panchayat shall be entitled to leave of absence for such period or periods as may be prescribed.(8)[ On election of the Pradhan following a general election or the office of the Pradhan otherwise falling vacant, the Pradhan holding office for the time being or the Upa-Pradhan or any authority or any other member exercising the powers, performing the functions and discharging the duties of the Pradhan shall make over all cash, assets, documents, registers and seals which he may have in his possession, custody or control as soon thereafter as possible on such date, place and hour as may be fixed by the Block Development Officer to the newly-elected Pradhan or, in the case of a vacancy occurring otherwise, to the Upa-Pradhan or to the authority or person, as the case may be, referred to in the proviso to sub-section (2) of section 7 or sub-section (6) of this section or clause (b) of sub-section (1) of section 215 [or section 216] [Sub-Section (8) inserted by W.B. Act 18 of 1983, w.e.f. 23.6.1983.] in the presence of the Block Development Officer or any other officer authorised in writing by him in this behalf.](9)[ On the alteration of the area of Gram under sub-section (3) of section 3 or sub-section (2) of section 6 or inclusion of Gram in a Municipality or a notified area or Municipal Corporation or a Town Committee or a Cantonment under sub-section (1) of section 6, and the effect of such alteration or inclusion, as the case may be, coming into force, the Pradhan or the Upa-Pradhan or any other authority or any other person exercising the powers, performing the functions and discharging the duties of the Pradhan immediately before such alteration or inclusion of the area of the Gram concerned shall make over the properties, funds and other assets vested in such Gram Panchayat and all the rights and liability of such Gram Panchayat in compliance with the order of the prescribed authority under sub-section (5) of section 5 and sub-sections (1) and (2) of section 6.] [Sub-Section (9) inserted by W.B. Act 37 of 1984.](10)[ Notwithstanding anything to the contrary contained in this Act, the State Government may, by an order in writing, remove a Pradhan or a Upa-Pradhan from his office if, in its opinion he holds any office of profit or carries on or is associated with any business, profession or calling in such manner that shall, or is likely to, interfere with due exercise of his powers, performance of his functions or discharge of his duties:] [Sub-Section (10) inserted by W.B. Act 15 of 1997.]Provided that the State Government shall, before making any such order, give the person concerned an opportunity of making a representation against the proposed order.
