Section 213B in The West Bengal Panchayat Act, 1973
213B. [ Suspension of member of Panchayats. [Section 213B in by W.B. Act 18 of 1994.]
- Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, the prescribed authority for such Panchayat as may be specified by notification, may, after giving an office bearer or member of such Panchayat an opportunity to show cause against such action as may be proposed to be taken against him, place such office bearer or member under suspension, if he -](i)has, prima facie, been found to be guilty of criminal breach of trust or criminal negligence or gross financial irregularity or impropriety in an inspection report on audit of accounts and his suspension is necessary to prevent any likely delay in further investigation or any tampering or destruction of records, or(ii)has, in an inspection held by a competent authority, prima facie, been found guilty of criminal breach of trust, financial irregularity, misuse or abuse of power for wrongful gain or gross negligence of duty requiring penal action by a competent authority and his suspension is necessary to prevent any likely delay in further investigation or any tampering or destruction of records.(iii)[ has been implicated in a proceeding commenced against him on any criminal charge referred to in clause (h) of section 8, section 97 or section 142, as the case may be, and in pursuance of such proceeding, either he has been detained in custody for a period exceeding forty-eight hours or a charge on the precise formulation of the specific accusation within the concept and meaning of the Code of Criminal Procedure, 1973, has been framed against him in a competent court of law ; [Clause (iii) and its proviso inserted by W.B. Act 15 of 1997.]Provided that the prescribed authority immediately after placing the office bearer under suspension, shall proceed to cause a full enquiry into the accusations made against such office bearer and on completion of such enquiry, may -(a)institute a proceeding against him on a criminal charge under any law for the time being in force,(b)furnish a proposal to a competent authority recommending such legal measures against him under the Act or any rule thereunder as deemed appropriate, or(c)revoke the order for suspension and reinstate him in his office with such direction as may be deemed fit, if the prescribed authority is of the opinion that there is reasonable ground to believe that there has been an irregularity committed without proof of any criminal intent and without any wrongful gain to him or any wrongful loss to the Panchayat and on such reinstatement, such office bearer shall be deemed to hold the charge of his office without any interruption because of suspension.](2)[ When an office bearer in a Panchayat is placed under suspension under sub-section (1), -(a)subject to the provisions under clause (b), the other office bearer in such Panchayat shall exercise the powers, perform the functions and discharge the duties of the office bearer under suspension, under sub-section (4) or sub-section (5) of section 9, section 98 or section 143, as the case may be,(b)notwithstanding the provision under clause (a), such Panchayat may, by majority decision of the existing members directly elected to that Panchayat, in a meeting specially convened for the purpose, select a person from among them not being an office bearer, to act temporarily in place of the office bearer under suspension and on being so selected, he shall exercise the powers, perform the functions and discharge the duties of such office bearer until the office bearer placed under suspension is reinstated in his office or is subsequently removed or vacates the office by resignation or otherwise in conformity with the provisions of the Act and the rules made thereunder :Provided that the notice of such meeting shall be given by the office bearer holding the charge with an intimation to the prescribed authority referred to in first proviso to sub-section (1) of section 16, section 105 or section 150, as the case may be, and such prescribed authority may appoint an observer for such meeting who shall submit to the prescribed authority a report in writing within a week of the meeting on the proceedings of the meeting.] [[Sub-Section (2) substituted by W.B. Act 15 of 1997, which was earlier as under:-'(2) When an office-bearer Is placed under suspension under sub-section (1), the Panchayat shall elect another office-bearer in his place to exercise the powers, perform the functions and discharge the duties of such office-bearer during the period for which such suspension continues.'.]](3)Any office-bearer or member, who is placed under suspension under sub-section (1), may within thirty days from the date of the order of suspension, prefer an appeal to such authority as the State Government may appoint in this behalf and thereupon the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to the prescribed authority and after giving the appellant an opportunity of being heard, modify, set aside or confirm the order.(4)The order passed by the authority as aforesaid on such appeal shall be final.
