(1)For every Gram Panchayat there shall be constituted a Gram Panchayat Fund bearing the name of the Gram Panchayat and there shall be placed to the credit thereof -(a)contributions and grants, if any, made by the Central or the State Government;[* * * * * * * * *] [[Clause (b) omitted by W.B. Act 18 of 2004, which was as under:-'(b) contributions and grants, if any, made by the Zilla Parishad, Mahakuma Parishad, the Council, Panchayat Samiti or any other local authority.'.]](c)loans, if any, granted by the Central Government or the State Government;(d)all receipts on account of taxes, rates and fees levied by it;(e)all receipts in respect of any schools, hospitals, dispensaries, buildings, institutions or works, vested in, constructed by or placed under the control and management of, the Gram Panchayat;(f)all sums received as gift or contribution and all income form any trust or endowment made in favour of the Gram Panchayat;(g)such fines and penalties imposed and realised under the provisions of this Act as may be prescribed;(h)all other sums received by or on behalf of the Gram Panchayat.[Explanation. - A Gram Panchayat shall not receive to the credit of its Fund-] ['Explanation' inserted by W.B. Act 15 of 1997.](a)any loan from any individual, severally or jointly or any member or office bearer of the Gram Panchayat, or(b)any gift or contribution from any individual, severally or jointly, or any member or office bearer of the Gram Panchayat save and except in pursuance of a resolution in a meeting of the Gram Panchayat accepting such gift or contribution and stating the purpose for which such gift or contribution is offered and accepted.(2)Every Gram Panchayat shall set apart and apply annually such sum as may be required to meet -(a)the cost of administration of the Nyaya Panchayat, and(b)the cost of maintenance of [Dafadars, Chowkidars and Gram Panchayat Karmees] [Words substituted for the words 'Dafadars and Chowkidars' by W.B. Act 2 of 1995, w.e.f. 28.12.1994.] in terms of section 38, and(c)[ subject to such direction as may be issued, by order, by the State Government, the cost of its own administration including the payment of salary and allowances of the employees, commission and allowances of the Tax Collectors and remuneration and honoraria of the elected functionaries.] [Substituted by W.B. Act No. 8 of 2010, dated 13.5.2010.](3)Every Gram Panchayat shall have the power to spend such sums as it thinks fit for carrying out the purposes of this Act.(4)The Gram Panchayat Fund shall be vested in the Gram Panchayat and the balance to the credit of the Fund shall be kept in such custody as the State Government may, from time to time, direct.(5)[ In accordance with the powers and functions conferred on the Pradhan under the Act and the rules made thereunder and subject to such general control as the Gram Panchayat may exercise from time to time, all orders for payment from the Gram Panchayat Fund shall be signed by the Pradhan, or in his absence, by the Upa-Pradhan and in pursuance of such orders of payment, cheque or cheques shall be signed jointly by the Pradhan, or in his absence, by the Upa-Pradhan and by the Executive Assistant of the Gram Panchayat:Provided that the Executive Assistant shall be responsible for writing the cheques for signature under the direction of the Pradhan subject to the resolution of the Gram Panchayat:Provided further that if the post of the Executive Assistant in a Gram Panchayat falls temporarily vacant by reason of leave, transfer, resignation or otherwise, the State Government may, [by framing rules or] [[Sub-Section (5) substituted by W.B. Act 15 of 1997, which was earlier as under:-'(5) Subject to such general control as the Gram Panchayat may exercise from time to time, all orders for payment from the Gram Panchayat Fund shall be signed by the Pradhan, or in his absence, by the Upa-Pradhan. All cheques shall be signed jointly by the Pradhan and the Upa-Pradhan and in the absence of the Pandhan or the Upa-Pradhan, as the case may be, by the Upa-Pradhan or the Pradhan and another member authorised by the Gram Panchayat at a meeting in this behalf:Provided that any casual absence of the Pradhan or the Upa-Pradhan for a period not exceeding five consecutive days shall not be construed as absence of the Pradhan or the Upa-Pradhan as the case may be, for the purpose of this sub-section:Provided further that in the event of any difference of opinion between the Pradhan and Upa-Pradhan on whether a cheque for withdrawal from the Gram Panchayat Fund shall be signed, the Gram Panchayat. in a meeting specially convened for the purpose, shall deliberate and issue appropriate directions. If the Pradhan or the Upa-Pradhan refuses to act in accordance with the directions of the Gram Panchayat, the Upa-Pradhan or the Pradhan, as the case may be, with the other member authorised by the Gram Panchayat, shall sign the cheque in the manner as directed by the Gram Panchayat for withdrawal from the Gram Panchayat Fund.'.]] by general or special order made in this behalf, empower any employee of the Gram Panchayat to perform, subject to such conditions as may be specified [in the rules or] [Inserted by W.B. Act No. 8 of 2010, dated 13.5.2010.] in the order, the functions of the Executive Assistant under this section.]Explanation. - In this section, -(a)absence of the Pradhan shall be deemed to occur when the office of the Pradhan falls vacant or the Pradhan is temporarily unable to act within the concept and meaning of sub-section (4) of section 9.(b)"Executive Assistant" of a Gram Panchayat means an employee appointed as such by a Gram Panchayat under section 36 in terms of such rules as the State Government may make in this behalf and shall also include any other employee of the Gram Panchayat empowered to perform the functions of the Executive Assistant.
