GUJARAT ACT NO.

18 OF 19931*
[THE GUJARAT PANCHAYATS ACT, 1993 ]
[26th August, 1993.]
Amended by Guj. 5 of 1998 Amended by Guj 10 of 2008
Amended by Guj. 6 of 2001 Amended by Guj. 21 of 2011
Amended by Guj. 12 of 2001
Amended by Guj. 17 of 2005
AN ACT to consolidate and amend the law relating to panchayats in the State of
Gujarat.
WHEREAS by the Constitution (Seventy-Third Amendment) Act, 1992, Part IX
relating to the Panchayats has been inserted in the Constitution ;
AND WHEREAS it is expedient to bring the law relating to Panchayats in the State
of Gujarat in conformity with the said part IX.
It is hereby enacted in the Forty-fourth Year of the Republic of India as follows :-
CHAPTER-I.
PRELIMINARY.
Short title,
1. (1) This Act may be called the Gujarat Panchayats Act, 1993. extent and
(2) It extends to the whole of the State of Gujarat. commencement.

(3) This section shall come into force at once ; and all or any of the remaining
provisions of this Act shall come into force in respect of such class of panchayats, in such
district and on such date as the State Govern- Government may, by notification in the
Official Gazette, appoint; and different dates may be appointed in respect of different
classes of, panchayats, different districts and different provisions.
2. In this Act, unless the context otherwise requires— Definitions.

(/) "building" includes a hut, shed or other enclosure whether used as a human
dwelling or for any other purpose whatsoever and also includes walls, verandahs, fixed
platforms, plinths doorsteps and the like ;
(2) "cattle" means and includes bulls, bullocks, heifers, cows and their young,
elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses,
swine, sheep, ewes, rams, lambs, goats and kids ;
Bom. LIX (3) "city" means a city defined in the Bombay Provincial Municipal Corporations
of 1949. Act, 1949 ;
(4) "competent authority" means such Government Officer, panchayat or authority
as the State Government may, by notification in the Official Gazette, appoint to perform
the functions of a competent authority under such provisions of this Act and in respect of
such panchayats as may be specified in the said notifications ;
Explanation :— For the purposes of this clause, a Government Officer includes a
Government Officer posted under a panchayat under sections 136, 161 or 232.
(5) "district" means a district constituted from time to time under the
Land Revenue Code; except the area over which a district panchayat has no
authority under section 6;
(6) "District Development Officer" means such officer as the State Government may
appoint to be a District Development Officer for the purposes of this Act ;
1 For statements of objects and Reasons, see Gujarat Government Gazette, Part V,
Extraordinary, dated the 6th August, 1993.
* This Act was assented to by the Governor on the 26th August, 1993.
2 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(7) "district panchayat" means a district panchayat constituted under this Act;
LXIII of
(8) "factory" means a factory as defined in the Factories Act, 1948 ; 1948.

(9) "Finance Commission" means the Finance Commission constituted under

clause (1) of article 243—1 of the Constitution ;
(10) "general election" means the election held under this Act for the constitution
or the reconstitution of a panchayat after the expiry of its term or otherwise ;
(11) "land" includes land which is built upon, or covered with water;
(12) "Land Revenue Code" means the Bombay Land Revenue Code, 1879 in force in Bom V of
1879.
the State of Gujarat ;
1
(12A) "mobile tower" a means a temporary or permanent structure, equipment or
instrument erected or installed on land or upon any part of the building or premises for
providing telecommunication services)
(13) 2[ * * * * * ]
(14) "panchayat" means a village panchayat, taluka panchayat or district panchayat ;
(15) "Panchayat Functions List" means the list of matters enumerated in Schedules
I, II, and III ;
(16) "prescribed" means prescribed by rules ;
(17) "public street" means any street—
(a) over which the public have a right of way, or
(b) heretofore levelled, paved, metalled, channelled, served or repaired out of
a panchayat fund or other public fund, or
(c) which under the provisions of this Act is declared by a panchayat to be or
which under the provisions of this Act becomes a public street ;
(18) "revenue district" or "revenue taluka" means a district or, as the case may be,
a taluka or mahal constituted under the Land Revenue Code;
(19) "rules" means rules made, or deemed to have been made, under this Act;
(20) "Scheduled Castes" means such castes, races or tribes or parts of, or groups
within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the
State of Gujarat under article 341 of the Constitution of India ;
(21) "Scheduled Tribes" means such tribes or tribal communities or parts of, or
groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in
relation to the State of Gujarat under article 342 of the Constitution of India ;
(22) "Secretary" means a secretary of a panchayat appointed or deemed to be
appointed under this Act ;
(23) "State Election Commission" means the State Election Commission referred
to in clause (1) of article 243--K of the Constitution;

(24) "Street" means any road, footway, square, court, alley or passage accessible
whether permanently or temporary to the public, whether a thoroughfare or not ;

(25) "taluka" means a taluka constituted from time to time under the Land Revenue
Code, except the area over which a taluka panchayat has no authority under section 6 ;

(26) "Taluka Development Officer" means such officer as the State Government

1
Clause (12A) was inserted by Guj. 21 of 2011, s.10.
2
Clause (13) was deleted, by Guj. 12 of 2001, S.2.
1993 : Guj. 18] Gujarat Panchayats Act, 1993 3

may appoint to be a Taluka Development Officer for the purposes of this Act;

(27) "taluka panchayat" means a taluka panchayat constituted under this Act ;

(28) "tax" means a tax, cess, rate or other impost leviable under this Act, but does
not include a fee ;

(29) "vehicle" includes a bicycle, tricycle, motor car and every wheeled
conveyance which is used or capable of being used on a public street;
(30) "village panchayat" means a village panchayat constituted under this Act ;
(31) "ward " means an area into which a village is divided under section 16 ;
(32) "year " except in the case of the term of panchayat, means the year
commencing on the 1st day of April unless another date is specified by the State
Government by notification in the Official Gazette;
(33) the words" gram sabha" "panchayat area" "population., and "village" shall have
the meanings respectively assigned to them in Part IX of the Constitution.
CHAPTER II.
ESTABLISHMENT OF PANCHAYATS OF DIFFERENT TIERS.
(A) Establishment of Panchayats and their area of Jurisdiction
3. For the purposes of this Act, there shall be in each district— Establishment of
Panchayats of
(1) a village panchayat for each village. different tiers

(2) a taluka panchayat for each taluka and

(3) a district panchayat for each district.

4. There shall be a gram sabha for a village for performing such functions as are Gram
provided by or under this Act. sabha.

5. (1) A village panchayat shall be a body corporate by the name of Incorporation

Incorporation
"The....... ......................Village Panchayat". of
of Panchayats
Panchayats
of
of different
different
(2) A taluka panchayat shall be a body corporate by the name of classes.
classes.
"The ................... Taluka Panchayat".
(3) A district panchayat shall be a body corporate by the name of
"The ........................ District Panchayat".
(4) Every panchayat mentioned in sub-section (1), (2) or (3) shall have perpetual
succession and a common seal and may sue and be sued in its corporate name, and subject
to the provisions of this Act, shall be competent to acquire and hold property, both movable
and immovable, whether within or without the limits of the area over which it has
authority, to lease, sell or otherwise transfer any movable or immovable property which
may have become vested in it or have been acquired or constructed by it, to raise loans
upon the security of its fund in the manner and subject to the limits and other requirements
including guarantees prescribed by rules, and to contract and do all other things necessary
for the purpose of this Act.
Explanation.—Where a panchayat, with the previous sanction of the competent
authority, creates a remunerative asset, such creation of an asset shall be deemed to be for
the purposes of this Act.
6. (1) A village panchayat, subject to the authority of the taluka panchayat and the Subordination
district panchayat, have authority for the purposes of this Act over the area for which it is of panchayats
amongst them-
constituted. selves and
their powers,
functions and
duties.
 4 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(2) A district panchayat and subject to the authority of the district panchayat, a
taluka panchayat, shall have authority for the purposes of this Act over the area for which it
is constituted, except, that portion of the area which for the time being is within the limits
of a city, municipal borough, small urban area, notified area of cantonment constituted
under any law for the time being in force :

Provided that a district panchayat or, as the case may be, a taluka panchayat shall
have also authority over such area outside the area for which it is constituted for such
purposes as the State Government may by notification in the Official Gazette specify.

(3) Subject to the control of the State Government and the competent
authority-

(a) a village panchayat shall be subordinate to the taluka panchayat and the district
panchayat, and

(b) a taluka panchayat shall be subordinate to the district panchayat.

(4) Subject to the control of the State Government and the competent authority, a
district panchayat, a taluka panchayat, and a village panchayat shall exercise such powers,
perform such functions and duties and shall have such responsibilities and authority as are
provided by or under this Act or any other law for the time being in force.

Recommen- 7. (1) After making such inquiries as may be prescribed, the competent authority
dation of may recommend any local area comprising a revenue village, or a group of revenue
specification villages, or hamlets forming part of a revenue village, for being specified a village under
of village.
clause (g) of article 243 of the Constitution if the population of such local area does not
exceed fifteen thousand.

(2) After consultation with the taluka panchayat, the district panchayat and village
panchayat concerned (if already constituted), the competent authority may at any time
recommend inclusion within or exclusion from any villages any local area or otherwise
alternation of limits of any village, or recommend cesser of any local area to be a village, to
the Governor for exercise of his powers under clause (g) of article 243 of the the
Constitution.
Panchayat
Organisation
8. (1) The village panchayats, taluka panchayats, district panchayats and gram
and the sabhas shall constitute the Panchayat Organisation of the State of Gujarat.
exercise of
control over (2) The State Government shall exercise its control over the panchayats either
panchayats by directly or through such officer or officers as it may, by general or, special order appoint
State
for the purpose
Government.
(B) Constitution of Panchayats and their Duration.
Constitution
of Village 9. (1) A village panchayat shall consist of such number of members as provided in
Panchayats. sub-section (4).

(2) The members of a village panchayat shall be elected from amongst the
qualified voters of the village.

(3) (a) A village Panchayat shall have a Sarpanch and an Upa-Sarpanch.

(b) The Sarpanch shall be elected by ballot by the qualified voters of the
village from amongst themselves.

(c) The Upa-Sarpanch shall be elected by the members of the village

panchayat from amongst themselves.

(4) A village panchayat of a village having population not exceeding three

thousand shall consist of seven members and in case of a village panchayat where the
population of the village exceeds three thousand, than for every one thousand or part
1993 : Guj. 18] Gujarat Panchayats Act, 1993 5

thereof in excess of three thousand, the said number of seven shall be increased by two.

(5)(a)(i) Seats shall be reserved by the State Government for the Scheduled Castes
and the Scheduled Tribes in every village panchayat in the State and the number of seats so
reserved shall bear, as nearly as may be, the same proportion to the total number of seats
in that panchayat as the population of the Scheduled Castes in the village or as the case
may be, of the Scheduled Tribes in that village bears to the total population of that village,
and such seats shall be allotted by the State Election Commission by rotation to different
wards in that village in the prescribed manner.

(ii) Where in a village there is in the opinion of the State Government population of
socially and educationally backward classes, there shall be reserved by the State
Government for the socially and educationally backward classes one tenth of the total
number of seats in a village panchayat and such seats shall be allotted by the State Election
Commission by rotation to different wards in that village in the prescribed manner.

(b) One third of the total number of seats reserved under clause (a) shall be
reserved by the State Government for women belonging to the Scheduled Castes, the
Scheduled Tribes or, as the case may be, socially and educationally backward classes.

(c) One third (including the number of seats reserved for women belonging to the
Schedule Castes, the Scheduled Tribes and socially and educationally backward classes) of
the total number of seats in a village panchayat shall be reserved by the State Government
for women and such seats shall be allotted by the State Election Commission by rotation to
different wards in the village in the prescribed manner.

10. (1) A taluka panchayat shall consist of elected members as provided in sub- Constitution
of Taluka
section (4). Panchayats.

(2) The elected members of a taluka panchayat shall be elected from amongst the
qualified voters of the taluka.

(3) A taluka panchayat shall have a President and Vice-President elected by its
elected members from amongst themselves.

(4) A taluka panchayat of a taluka having population not exceeding one lakh shall
consist of fifteen members and in case of a taluka panchayat where the population of the
taluka exceeds one lakh, then for every twenty-five thousand or part thereof in excess of
one lakh, the said number of fifteen shall be increased by two.

(5) (a) (i) Seats shall be reserved by the State government for the Scheduled castes
and the Scheduled tribes in every taluka panchayat in the State and the number of seats so
reserved shall bear, as nearly as may be, the same proportion to the total number of seats to
be filled by direct election in that panchayat as the population of the Scheduled castes in the
taluka or as the case may be, of the Scheduled tribes in the taluka bears to the total
population in the taluka and such seats shall be allotted by the State Election Commission
by rotaion to different territorial constituencies in that taluka in the prescribed manner.

(ii) One tenth of the total number of seats n a taluka panchayat shall be reserved by
the State Government for socially and educationally backward classes and such seats shall
be allotted by the State Election Commission by rotation to different territorial
constituencies in that taluka in the prescribed manner.

(b) One third of the total number of seats reserved under clause (a) shall be reserved
by the State Government for women belonging to the Scheduled Castes, the Scheduled
tribes or as the case may be, socially and educationally backward classes.

(c) One third (including the number of seats reserved for women belonging to the
Schedule Castes, the Scheduled Tribes and socially and educationally backward classes) of
the total number of seats to be filled by direct election in a taluka panchayat shall be
reserved by the State Government for women and such seats shall be allotted by the State
 6 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

Election Commission by rotation to different territorial constituencies in taluka in the

prescribed manner.

(6) Members of the Gujarat Legislative Assembly elected from any constituency in
the taluka or a part thereof, shall be permanent invitees to such taluka panchayat, but such
invitees shall not have the right to vote in the meetings of the taluka panchayat :

Provided that when a person ceases to be a member of the Gujarat Legislative

Assembly, he shall cease to be a permanent invitee to the taluka panchayat.

Explanation.—For the removal of doubts, it is hereby clarified that status of a

permanent invitee shall not be construed to be that of member of the Taluka Panchayat
referred to in clauses (3) and (4) of article 243C of the Constitution of India.
Constitution 11. (1) A A district panchayat shall consist of elected member as provided in sub-
of District
Panchayats. section (4).

(2) The elected members of a district panchayat shall be elected from among the
qualified voters of the district.

(3) A district panchayat shall have a President and a Vice-President elected by its
elected members from amongst themselves.

(4) A district panchayat of a district having population not exceeding four lakhs
shall consist of seventeen members and in case of a district panchayat where the population
of the district exceeds four lakhs, then for every one lakh or part thereof in excess of four
lakhs, the said number of seventeen shall be increased by two.

(5)(a)(i) Seats shall be reserved by the State Government for the Scheduled Castes
and the Scheduled Tribes in every district panchayat in the State and the number of seats so
reserved shall bear, as nearly as may be the same proportion to the total number of seats to
be filled in by direct election in that panchayat as the population of the Scheduled Castes in
the district or as the case may be the Scheduled Tribes in the district bears to the total
population in the district, and such seats shall be allotted by the State Election Commission
by rotation to different territorial constituencies in that district in the prescribed manner.

(ii) One tenth of the total number of seats in a district panchayat shall be reserved
by the State Government for socially and educationally backward classes and such seats
shall be allotted by the State Election Commission by rotation to different territorial
constituencies in that district in the prescribed manner.

(b) One third of the total number of seats reserved under clause (a) shall, be reserved
by the State Government for women belonging to the Scheduled Castes, the Scheduled
Tribes or, as the case may be, the socially and educationally backward classes.

(c) One third (including the number of seats reserved for women belonging to the
Scheduled Castes, the Scheduled Tribes and socially and educationally backward classes)
of the total number of seats to be filled by direct election in a district panchayat shall be
reserved by the State Election Commission by rotation to different territorial constituencies
in the district in the prescribed manner.

(6) Members of the Gujarat Legislative Assembly elected from any constituency in
the District or a part thereof shall be permanent invitees to the District Panchayat, but such
invitees shall not have the right to vote in the meetings of the District Panchayat :

Provided that when a person ceases to be a Member of the Gujarat Legislative

Assembly, he shall cease to be a permanent invitee to the District Panchayat.

Explanation.—For the removal of doubts, it is hereby clarified that status of a

permanent invitee shall not be construed to be that of a member of the District Panchayat
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 7

referred to in clauses (3) and (4) of article 243 C of the Constitution of India.

12. (1) The headquarters of a district panchayat and a taluka panchayat shall be Location of
head
located at such place in the district or, as the case may be, taluka as the State Government quarters of
may by order in writing direct. a district or
taluka
panchayat.

(2) Where the headquarters of a district or taluka are located in a city or municipal
borough, it shall be lawful for the district panchayat of the district or, as the case may be,
the taluka panchayat of the taluka to hold property in such city or, as the case may be,
municipal borough notwithstanding that the area within the limits of such city or municipal
borough is not included in the district or, as the case may be, municipal borough.
13. (1) Every panchayat, unless sooner dissolved under this Act shall continue for Duration of
panchayats
five years from the date appointed for its first meeting and no longer. and their
reconstitution.

(2) An election to constitute a panchayat shall be completed-

(a) before the expiry of its duration specified in sub-section (1);
(b) before the expiration of a period of six months from the date of
its dissolution :
Provided that where the remainder of the period for which the dissolved panchayat
would have continued is less than six months, it shall not be necessary to hold any
election under this sub-section for constituting the panchayat for such period.
(3) A panchayat constituted upon the dissolution of a panchayat before the
expiration of its duration shall continue only for the remainder of the period for which the
dissolved panchayat would have continued under sub-section (1) had it not been so
dissolved.
CHAPTER-III.
ELECTION OF MEMBERS OF PANCHAYATS,
ELECTION DISPUTES, ETC.
14. In this Chapter, unless the context otherwise requires,-
Definitions.
(a) "Assembly" means the Gujarat Legislative Assembly;
43 of 1950. (b) "Central Act" means the Representation of the People Act, 1950.
(c) "qualifying date" means the 1st day of January of the year in which the
list of voters for the purposes of the general election of members for
constituting or reconstituting a panchayat is prepared under section 18 or,
as the case may be, is revised under the proviso to section 23.
15. (1) The election of members to a panchayat shall be held on such date as State Election.
Election Commission may appoint in that behalf :
provided that-—
(i) in the case of reconstitution of a panchayat on account of the expiry of its
duration of five years such date shall not be earlier than two months or
later than fifteen days before the expiry of the duration.
(ii) in the case of reconstitution of a panchayat on account of dissolution of a
panchayat where the remainder of the period for which the dissolved
panchayat would have continued is six months or more than six months
 8 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

such date shall not be later than two months after the date of dissolution
of the panchayat.
(iii) in the case of reconstitution of a panchayat on account of dissolution of a
panchayat where the remainder of the period for which the dissolved
panchayat would have continued is less than six months, such date shall
not be earlier than two months or later than fifteen days before the expiry
of such lesser period, except with the sanction of the State Government
which may be given either prospectively or retrospectively.
(2) such election shall be conducted in the prescribed manner.
(3) The superintendence, direction and control of the conduct of such election
shall be vested in the State Election commission.
(4) The names of the elected members shall be published in the prescribed
manner by the State Election Commission.
PROVISIONS RELATING TO ELECTIONS
Electoral 16. (1) For the purposes of elections of members to a village panchayat, a village
Divisions. shall be divided by the State Election Commission into as many single member wards as
the total number of members specified in respect of the village panchayat or that village
in sub-section (4) of section 9, and in such manner that as far as practicable the
population of all the wards is the same; and one member shall be elected from each such
ward.
(2) For the purposes of elections of members to a taluka panchayat, a taluka shall
be divided by the State Election Commission into as many single member territorial
constituencies as the total number of elected members specified in respect of the taluka
panchayat of that taluka in sub-section (4) of section 10 and in such manner that the
population of all the territorial constituencies is, as far as practicable, the same and each
territorial constituency is so delimited as to include therein as far as practicable whole
wards of a village and one member shall be elected from each such constituency.
(3) For the purposes of elections of members to a district panchayat, a district shall
be divided by the State Election Commission into as many single member territorial
constituencies as the total number of elected members specified in respect of the district
panchayat of that district in sub-section (4) of section 11 and in such manner that the
population of all the territorial constituencies is as far as practicable the same and each
teritorial constituency is so delimited as to include therein as far as practicable whole
territorial constituencies of a taluka; and one member shall be elected from each such
constituency.
(4) At any time not later than two months before the date of the expiry of the
duration of a panchayat under section 13 and in the case of a panchayat which is to be
constituted or reconstituted under the provisions of this Act otherwise than on the expiry of
its duration under section 13, at any such time before it is to be constituted or, as the case
may be reconstituted, it shall be lawful for State Election Commission—
(a) to alter, for reasons to be recorded in writing, the limits of any ward of the
concerned village, for the purpose of general election in relation to a village panchayat.
(b) to alter, for reasons to be recorded in writing, the limits of any territorial
constituency of the concerned taluka or district, for the purpose of general election in
relation to a taluka or district panchayat.
(5) Each ward constituted under sub-section (1) and each territorial constituency
constituted under sub-sections (2) and (3) shall subject to alteration, if any, made under
sub-section (4) be an electoral division.
List of 17. For every electoral division, there shall be a list of voters which shall be
Voters for prepared and maintained in accordance with the provisions of sections 18 to 22 under the
every
electoral superintendence, direction and control of the State Election Commission.
division.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 9

Prepration 18. At any time not later than two months before the expiry of the duration of a
of list of panchayat under section 13 and in the case of a panchayat which is to be constituted or
Voters. reconstituted under the provisions of this Act otherwise than on the expiry of its duration
under section 13 at any such time as the State Election Commission may after consulting
the State Government determine there shall be prepared for the purpose of the general
election of members for constituting or, as the case may be, reconstituting such panchayat,
a list of voters for every electoral division in respect of such panchayat as determined under
section 16 and in force at the time when such list is prepared.

19. Every person who is entitled to be registered in the relevant part of the electoral Persons
roll of the Gujarat Legislative Assembly under the Central Act shall be entitled to be qualified
to be
registered as a voter in the list of voters for the electoral division, to be prepared under registered
section 18. as voters.

20. (1) The electoral roll of the Gujarat Legislative Assembly prepared under the List of
provisions of the Central Act, for the time being in force for such part of the constituency voters.
of the Assembly as is included in the relevant electoral division, shall, subject to any
amendment, deletion or addition made under sub-section (3) or any inclusion of any name
under sub-section (5), be the list of voters for that electoral division.

(2) Such officer of the State Government as the State Election Commission may
specify in this behalf (hereinafter referred to as "the specified officer") shall, subject to
superintendence, direction and control of the commission, maintain a list of voters for each
electoral division; the list shall be published in the prescribed manner.

(3) If on an application made to him in this behalf or on his own motion the
specified officer is satisfied that the list of voters is at variance with the relevant part of the
electoral roll of the Gujarat Legislative Assembly on account of any mistake in the list, he
shall amend the list so as to bring it in conformity with the said electoral roll and for that
purpose may amend, delete or add any entry in that list.

(4) Any person who has become entitled to be registered in the relevant part of the
electoral roll of the Gujarat Legislative Assembly under the Central Act, after the
qualifying date may apply to the specified officer for inclusion of his name in the list.

(5) Where the specified officer after making such inquiry as he may consider
necessary, is satisfied that the applicant is entitled to be registered in the relevant part of the
electoral roll of the Gujarat Legislative Assembly under the Central Act, he shall direct the
name of the applicant to be included in the list of voters :

Provided that no such direction shall be given if the applicant is disqualified to

vote under this Act or any other law for the time being in force.
(6) No amendment, deletion or addition of any entry in the list of voters for an
electoral division shall be made under sub-section (3) and no direction for inclusion of a
name in that list shall be given under sub-section (5) during the period between such date as
the State Election Commission may, by general or special order, notify in this behalf and
the date of the completion of any concerned election if the electoral division.

Explanation :-In this section the expression "qualifying date", has the same meaning
as in clause (b) of section 14 of the Central Act.

(7) The list of Voters shall after it is finally prepared under this section be
published in the prescribed manner and shall come into operation immediately upon its
final publication.

21. No person shall be entitled to have his name included in the list of voters for Name of
person not to
more than one electoral division of the same panchayat.
be included in
list of voters
for more than
one electoral
division.
 10 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

22. No person shall be entitled to have his name included in the list of voters for Name of
person not to
any electoral division more than once. be included in
list of voters
more than
once.

Period for 23. The list of voters for any electoral division which has been published and has
which a list of come into operation under sub-section (7) of section 20 shall, subject to any revision made
voters shall
remain in under the proviso to this section, remain in operation until a new list of voters for that
Operations. electoral division is prepared, published and comes into operation :

Provided that the State Election Commission may, after consulting the State
Government for reasons to be recorded in writing, direct that such list for any electoral
division may be revised in the prescribed manner by reference to the qualifying date, before
any bye-election is held to fill a casual vacancy in a seat allotted to that electoral division.

Staff of 24. Every panchayat shall make available to the State Election Commission such
Panchayat staff as it may require for the performance of any duties in connection with the preparation
to be made
available.
and revision of a list of voters for an electoral division and conduct of elections in respect
of that panchayat.

Jurisdiction 25. No civil court shall have jurisdiction—

of civil
courts
barred. (a) to entertain or adjudicate upon any question whether any person is or is not
entitled to have his name included in a list of voters ; or

(b) to question the legality of any action taken or decision given by or under the
authority of the State Election Commission in connection with the preparation, maintenance
or revision of any such list.

Making 26. If any person makes in connection with—

false
declaration.
(a) the preparation, revision or correction of a list of voters, or

(b) the inclusion or exclusion of any entry in or from a list of voters,

a statement or declaration in writing which is false and which he either knows or

believes to be false or does not believe to be true, he shall be punishable with
imprisonment for a term which may extend to one year or with fine or with both.

Breach of 27. (1) If any Government servant, panchayat servant or any other person required
official duty in
connection by or under this Act to perform any official duty in connection with the preparation,
with the revision or correction of a list of voters or the inclusion of any entry in or from that list, is
preparation, without reasonable cause, act or omission involving breach of such official duty, he shall
etc. of list of be punishable with fine which may extend to five hundred rupees.
voters.

(2) No suit or other legal proceeding shall lie against any such officer or other
person for damages in respect of any such act or omission as aforesaid.

(3) No court shall take cognizance of any offence punishable under sub-section (1)
except on a complaint made by order of, or under authority from the State Government or
the State Election Commission.

Person 28. (1) Every person whose name is in the list of voters shall, unless disqualified
qualified under this Act or any other law for the time being in force, be qualified to vote at the
to vote and election of a member for the electoral division to which such list pertains.
be elected
(2) (a) Every person who has attained the age of twenty one years and whose name
is in the list of voters shall, unless disqualified under this Act or under any other law for the
time being in force, be qualified to be elected from any electoral division.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 11

(b) No person whose name is not entered in the list of voters for the village, shall be
qualified to be elected from any electoral division thereof.

(3) Subject to any disqualification incurred by a person, the list of voters shall be
conclusive evidence for the purpose of determining under this section whether any person is
or is not qualified to vote, or as the case may be, to be elected at any election.
Restriction on
29. (1) No person shall, save as expressly authorised by this Act, be a member of simultaneous
two or more panchayats. or double
membership.
(2 ) Where a person while being a member of one panchayat, intends to stand as a
candidate for membership of another panchayat, he may stand as a candidate for such
membership notwithstanding anything contained in sub-section (1) :

Provided that if he is chosen for the seat for which he stood as a candidate, the seat
already held by him shall become vacant on the date on which he is so chosen unless the
seat so held is in another panchayat and the term of that panchayat is to expire within a
period of four months from the date on which he is so chosen.

(3) If any person is simultaneously chosen as a member of two or more

panchayats, the person shall, within fifteen days from the date or the later of the dates on
which he is so chosen, intimate to the competent authority, one of the panchayats in which
he wishes to serve and thereupon his seat in the panchayat other than the one in which he
wishes to serve, shall become vacant.

(4) Any intimation given under sub-section (3) shall be final and irrevocable.

(5) In default of intimation referred to in sub-section (4) within the aforesaid

period, the competent authority shall determine the seat which he shall retain and
thereupon the remaining seats from which he was chosen, shall become vacant.

30. (1) No person shall be a member of a panchayat or continue as such who- Disqualification.

(a) has whether before or after the commencement of this Act, been convicted-

XXII of (i) of an offence under the Protection of Civil Rights Act, 1955 or
1955. Bom. under the Bombay Prohibition Act, 1949, unless a period of five
XXV of
1949. years, or such lesser period as the State Government may allow in
any particular case, ha elapsed since his conviction ; or

(ii) of any other offence and been sentenced to imprisonment for not less
than six months, unless a period of five years, or such lesser period as
the State Government may allow in any particular case, has elapsed
since his release ; or

(b) has been adjudged by a competent court to be of unsound mind; or

(c) has been adjudicated an insolvent and has not obtained his discharge;
or

Guj. 6 of (d) has been removed from any office held by him in any panchayat
1962. under any provision of this Act or in any panchayat before the
commencement of this Act under the Gujarat Panchayats Act, 1961
and a period of five years has not elapsed from the date of such
removal, unless he has, by an order of the State Government notified
in the Official Gazette been relieved from the disqualification arising
on account of such removal from office; or
12 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(e) has been disqualified from holding office under any provision of
this Act and the period for which he was so disqualified has not ela-
psed; or

(f) holds any salaried office or place of profit in the gift or disposal of
any panchayat, other than an office of President or Vice-President of
a panchayat or of a Chairman of any Committee of a panchayat, while
holding such office or place; or
(g) has directly or indirectly, by himself or his partner, any share or interest in
any work done by order of the panchayat, or in any contract with, by or on
behalf of, or employment with or under the panchayat; or
(h) has directly or indirectly, by himself or, his partner, any share or
interest in any transaction of loan of money advanced to or borrowed
from any officer or servant of any panchayat; or
(i) fails to pay any arrears of any kind due by him to the panchayat or any
panchayat subordinate Thereto or any sum recoverable from him in
accordance with Chapter X of this Act, within three months after a
special notice in accordance with the rules made in this behalf has
been served upon him ; or
(j) is a servant of the Government or a servant of any local authority ; or
(k) has voluntarily acquired the citizenship of a Foreign State or is under any
acknowledgement of allegiance or adherence to a Foreign State ; or
(l) is disqualified under any other provision of this Act, and the
period for which he was so disqualified has not elapsed;
1
[(m) has more than two children] :
Provided that a person having more than two children on the date of Guj. 17
commencement of the Gujarat Local Authorities Laws (Amendment) Act, 2005 of 2005.
(hereinafter in this clause referred to as "the date of such commencement"), shall
not be disqualified under this clause so long as the number of children he had on
the date of such commencement does not increase :
Provided further that a child or more than one child born in a single
delivery within the period of one year from the date of such commencement shall
not be taken into consideration for the purpose of disqualification under this
clause.
Explanation.-For the purpose of this clause,-
(i) where a couple has only one child on or after the date of such
commencement, any number of children born out of single subsequent
delivery shall be deemed to be one entity;
(ii) 'child' does not include an adopted child or children.]
Explanation 1—A person shall not be disqualified under clause (g) for membership
of a panchayat by reason only of such person—
(a) having share in any joint stock company or a share or interest in any society
registered under any law for the time being in force which shall contract with or be
employed by or on behalf of any panchayat; or
(b) having a share or interest in any newspaper in which any advertisement relating
to the affairs of any panchayat may be inserted ; or
(c) holding a debenture or being otherwise concerned in any loan raised by or on
behalf of any panchayat ; or
(d) being professionally engaged on behalf of any panchayat as a legal practitioner ; or
(e) having any share or interest in any lease of immovable property in which the
amount of rent has been approved by the taluka panchayat in the case of a village
panchayat, or by the taluka panchayat or by the district panchayat in its own case
or in any sale or purchase of immovable property or in any agreement for such
lease, sale or purchase ; or
(/) having a share or interest in the occasional sale to the panchayat of any article in
which he regularly trades or in the purchase from the panchayat of any article, to a
value in either case not exceeding in any year one thousand rupees ; or
(g) merely being a relative of a person in employment with or under or by or on
behalf of the panchayat.
Explanation 2.—For the purpose of clause (i)—
(i) a person shall not be deemed to be disqualified if he has paid the arrears or the

1
Clause (m) was inserted by Guj. 17 of 2005. s.4
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 13

sum referred to in clause (i) of this sub-section, prior to the day prescribed for the
nomination of candidates;
(ji) failure to pay the arrears or the sum referred to in clause (i) of this sub-section to
the panchayat by a member of an undivided Hindu family or by a person belonging
to a group or unit, the members of which are by custom joint in estate or residence,
shall be deemed to disqualify all members of such undivided Hindu family or as
the case may be, all the members of such group or unit.
Bom. 3 of Explanation 3.—For the purpose of clause (j) an officiating revenue or police patel
1874. or revenue or police patel who is an official or under the Bombay Hereditary Offices Act,
1874, or any other corresponding law for the time being in force, shall be deemed to be a
servant of the Government,
Guj. 23 of (2) A person who at any time during the term of his office is disqualified under the
1986.
Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act,
1986 for being a member of a taluka panchayat or, as the case may be a district panchayat
shall cease to hold office as such member.

31 (1) If the validity of any election of a member of a panchayat is brought in Determination

question by any person contesting the election or by any person qualified to vote at the of validity of
election,
election to which such question relates, such person may, at any time within fifteen days inquiry by
after the date of the declaration of the results of the election, present an election petition to judge and
the Civil Judge (Junior Division), and if there be no Civil Judge (Junior Division) then to procedure.
the Civil Judge (Senior Division), (hereinafter referred to as "the Judge") having ordinary
jurisdiction in the area within which the election has been or should have been held, for the
determination of such question.

(2) A petitioner shall not join as respondents to his election petition persons except
those mentioned in the following clauses, namely :-

(a) where the petitioner in addition to challenging the validity of the election
of all or any of the returned candidates, claims a further relief that he
himself or any other candidate has been duly elected, all the contesting
candidates other than the petitioner and where no such further relief is
claimed, all the returned candidates, and

(b) any other candidate against whom allegations of any corrupt practice
are made in the election petition.

(3) An inquiry shall thereupon be held by the Judge and he may after such inquiry as
he deems necessary, pass an order, confirming or amending the declared result, or setting
the election aside. For the purposes of the said inquiry, the said Judge may exercise all the
powers of a civil court, and his decision shall be conclusive.

(4) If the validity of the election is brought in question only on the ground of
any error by the officer or officers charged with carrying out the rules made under section
274 or of an irregularity or informality not corruptly caused, the Judge shall not set aside
the election.

Explanation :— The expression "error4 in this sub-section does not include any
breach of or any omission to carry out or any non-compliance with the provisions of this
Act or the rules made thereunder whereby the result of the election has been materially
affected.

(5) All election petitions received under sub-section (1)—

(a) in which the validity of the election of members to represent the same
electoral division is in question, shall be heard by the same Judge, and

(b) in which the validity of the election of the same member elected to
represent the same electoral division is in question, shall be heard
together.

V of 1908.
14 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(6) Notwithstanding anything contained in the Code of Civil Procedure,

1908 the Judge shall not permit—

(a) any petition to be compromised or withdrawn, or

(b) any person to alter or amend any pleading, unless he is satisfied that
such application for compromise or withdrawal or the application for
such alteration or amendment is bona fide and not collusive.

(7) (a) If on the holding of such inquiry the Judge finds that a candidate has for the
purpose of the election committed a corrupt practice within the meaning of sub-section (8)
he shall declare the candidate disqualified for the purpose of that election and of such fresh
election as may be held under section 33 and shall set aside the election of such candidate if
he has been elected.

(b) If, in any case to which clause (a) does not apply, the validity of an election is in
dispute between two or more candidates, the Judge shall after a scrutiny and computation of
the votes recorded in favour of each candidate, declare the candidate who is found to have
the greatest number of valid votes in his favour to have been duly elected:

Provided that for the purpose of such computation, no vote shall be reckoned as
valid if the Judge finds that any corrupt practice was committed by any person known or
unknown, in giving or obtaining it :

Provided further that after such computation if any equality of votes is found to exist
between any candidates and the addition of one vote will entitle any of the candidates to be
declared elected, one additional vote shall be added to the total number of valid votes found
to have been received in favour of such candidate or candidates, as the case may be,
selected by lot drawn in the presence of the Judge in such manner as he may determine.

(8) A person shall be deemed to have committed a corrupt practice-

(a) who, with a view to inducing any voter to give or to refrain from giving a
vote in favour of any candidate, offers or gives any money or valuable
consideration, or holds out any promise of individual profit, or holds out
any threat of injury to any person, or

(b) who, with a view to inducing any person to stand or not to stand or to
withdraw or not to withdraw from being a candidate at an election, offers
or gives any money or valuable consideration or holds out any promise of
individual profit or holds out any threat of injury to any person, or

(c) who hires or procures whether on payment or otherwise, any vehicle or

vessel for the conveyance of any voter (other than the person himself, the
members of his family or his agent) to and from any polling station :

Provided that the hiring of a vehicle or vessel by a voter or by several voters at their
joint cost for the purpose of conveying him or them to or from any such polling station
shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so
hired is a vehicle or vessel not propelled by mechanical power :

Provided further that the use of any public transport vehicle or vessel or any tram car
or railway carriage by any voter at his own cost for the purpose of going to or coming from
any such polling station shall not be deemed to be a corrupt practice under this clause.

Explanation—1. A corrupt practice shall be deemed to have been committed by a

candidate, if it has been committed with his knowledge and consent, or by a person who is
acting under the general or special authority of such candidate with reference to the
election.

Explanation.-—2. ''promise of individual profit" does not include a promise to vote

for or against any particular measure which may come before a panchayat for consideration,
1993 : Guj. 18] Gujarat Panchayats Act, 1993 15

but subject thereto, includes a promise for the benefit of the person himself or any person in
whom he is interested.

Explanation—3. The expression "vehicle" means any vehicle used or capable of

being used for the purpose of road transport, whether propelled by mechanical power or
otherwise, and whether used for drawing other vehicles otherwise.

32. (1) If any member of a panchayat,— Disability

from
(a) who is elected, as such, was subject to any of the disqualifications continuing
mentioned in section 30 at the time of his election, as
members.
(b) during the term for which he has been elected, incurs any
disqualification mentioned in section 30,
he shall be disabled from continuing to be a member, and his office shall
become vacant.
(2) In every case, the question whether a vacancy has arisen, shall be decided by
the competent authority. The competent authority may give its decision either on an
application made to it by any person, or on its own motion, untill the competent authority
decides that the vacancy has arisen, the member shall not be disabled under subjection (1)
from continuing to be a member. Any person aggrieved by the decision of the competent
authority may, within a period of fifteen days from the date of such decision, appeal to the
State Government and the orders passed by the State Government in such appeal shall be
final :
Provided that no order shall be passed under this sub-section by the competent
authority against any member without giving him a reasonable opportunity of being heard.
33. If the election of any member is set aside under section 31 or if his office Fresh
election if
becomes vacant under section 32 a fresh election for the vacancy so caused shall, as soon as
election is
may be, be held in accordance with the provisions of this Act. invalid.

34. Every panchayat shall make available to the State Election Commission such Power of
members of its staff as such Commission may require for the performance of any duties in State election
Commission
connection with an election and every such member shall carry out such directions as may to require
be issued to him by such Commission or any competent officer in relation to such election. services of
Panchayat
Staff for
ELECTION OFFENCES election.

35. (1) No person shall, on the date or dates on which a poll is taken Prohibition
of canvassing
in any polling station, commit any of the following acts within the polling
in or near
station, or in any public or private place within a distance of one hundred meters of the polling
polling station, namely :— station.
(a) canvassing for votes ;
(b) soliciting the vote of any voter ;
(c) persuading any voter not to vote at the election ;
(d) persuading any voter not to vote for any particular candidate ;
(e) exhibiting any notice or sign (other than an official notice) relating to the
election.

(2) Any person who contravenes the provision of sub-section (1) shall, on
conviction, be punished with fine which may extend to one thousand rupees.
(3) An offence punishable under this section shall be cognizable.
36. (1) No person shall, on the date or dates on which a poll is taken Penalty for
disorderly
at any polling station :— conduct in
or near
polling
station.
 16 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(a) use or operate, within or at the entrance of the polling station or in any
public or private place in the neighbourhood thereof, any apparatus for
amplifying or reproducing the human voice, such as a megaphone or a
loudspeaker, or
(b) shout, or otherwise act in a disorderly manner, within or at the entrance of
the polling station or in any public or private place in the neighbourhood
thereof, so as to cause annoyance to any person visiting the polling station
for the Poll, or so as to interfere with the work of the officers and other
persons on duty at the polling station.
(2) Any person who contravenes, or wilfully aids or abets the contravention of, the
provisions of sub-section (1) shall, on conviction, be punished with fine which may extend
to one thousand rupees.

(3) If the presiding officer of a polling station has reason to believe that any person
is committing or has committed an offence punishable under this section he may direct any
police officer to arrest such person and thereupon the police officer shall arrest him.

(4) Any police officer may take such steps and use such force as may be reasonably
necessary for preventing any contravention of the provisions of sub-section (1) and may
seize any apparatus used for such contravention.

Penalty for 37. (1) Any person who during the hour fixed for the poll at any polling station,
misconduct at misconducts himself of fails to obey the lawful directions of the presiding officer may be
Polling station. removed from the polling station by the presiding officer or by an police officer on duty or
by any person authorised in this behalf by such presiding officer.

(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent
any voter who is otherwise entitled to vote at a polling station from having an opportunity
of voting at that station.

(3) if any person who has been so removed from a polling station re-enters the
polling station without the permission of the presiding officer, he shall, on conviction be
punished with fine which may extend to one thousand rupees.

(4) An offence punishable under sub-section (3) shall be cognizable.

Maintenance 38 (1) Where an election is held by ballot, every officer, clerk, agent or other
of secrecy of person who performs any duty in connection with the recording or counting of votes at an
voting.
election shall maintain and aid in maintaining the secrecy of the voting and shall not
(except for some purpose authorised by or under any law) communicate to any person any
information calculated to violate such secrecy.

(2) Any person who contravenes the provisions of sub-section (1) shall, on
conviction, be punished with imprisonment for a term which may extend to three months or
with fine or with both.

Officers, etc. 39. (1) No person who is a returning officer, or a presiding or polling
at elections officer at an election or an officer or clerk appointed by the returning officer
not to act for
candidates or the presiding officer to perform any duty in connection with an election
or influence shall in the conduct of the management of the election do any act (other
voting. than the giving of his vote) for the furtherance of the prospects of the elections
of a candidate.

(2) No such person as aforesaid, and no member of a police force, shall endeavour-

(a) to persuade any person to give his vote at an election, or

(b) to dissuade any person from giving his vote at an election, or

(c) to influence the voting of any person at an election in any manner.

(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2)
shall, on conviction, be punished with imprisonment for a term which may extend to six
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 17

months or with fine or with both.

Breaches of
40. (1) If any person to whom this section applies is without reasonable cause
official guilty of any act or omission in breach of his official duty, he shall, on conviction, be
duty in punished with fine which may extend to two thousand rupees.
connection
with (2) No suit or other legal proceeding shall lie against any such person for damages
elections.
in respect of any such act or omission as aforesaid.

(3) The persons to whom this section applies are the returning officers, presiding
officers, polling officers and any other persons appointed to perform any duty in connection
with the maintenance of the list of voters, the receipt of nominations or withdrawal of
candidatures or the recording or counting of votes at an election; and the expression
"official duty" shall for the purposes of this section be construed accordingly, but shall not
include duties imposed otherwise than by or under this Act.

41. (1) Any persons who, at any election, fraudulently takes or attempts to take a removal of
ballot
ballot paper out of a polling station or wilfully aids or abets the doing of any such act, shall,
papers from
on conviction, be punished with imprisonment for a term which may extend to one year or polling
with fine which may extend to two thousand rupees or with both. station to be
offence.
(2) If the presiding officer of a polling station has reason to believe that any person
is committing or has committed an offence punishable under sub-section (1), such officer
may, before such person leaves the polling station, arrest or direct a police officer to arrest
such person and may search such person or cause him to be searched by a police officer :

Provided that when it is necessary to cause a woman to be searched, !he search shall
be made by another woman with strict regard to decency.

(3 )Any ballot paper found upon the person arrested on search shall be made over
for safe custody to a police officer by the presiding officer, or when the search is made by a
police officer, shall be kept by such officer in safe custody.

(4) An offience punishable under sub-section (1) shall be cognizable.

Other
42. (1) A person shall be guilty of an offence, if, at any election he— offences
and
(a) fraudulently defaces or fraudulently destroys any nomination paper; or penalties
therefor.
(b) fraudulently defaces, destroys or removes any list, notice or other document
affixed by or under the authority of a returning officer; or

(c) fraudulently defaces or fraudulently destroys any ballot paper or

the official mark on any ballot paper; or

(d) without due authority supplies any ballot paper to any person ; or

(e) fraudulently puts into any ballot box anything other than the ballot paper
which he is authorised by law to put in ; or

(f) without due authority destroys, takes, opens or otherwise interferes with any
ballot box or ballot papers then in use for the purposes of the election ; or

(g) fraudulently or without due authority as the case may be, attempts to do
any" of the foregoing acts or wilfully aids or abets the doing of any such
acts.

(2) Any person guilty of an offence under this section shall,—

(a) if he is a returning officer or a presiding officer at a polling station or

any other officer or clerk employed on official duty in connection with the
election, on conviction, be punished with imprisonment for a term which
 18 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

may extend to two years or with fine or with both;

(b) if he is any other person, on conviction be punished with imprisonment for

a term which may extend to six months or with fine or with both.

(3) For the purposes of this section, a person shall be deemed to be on official
duty if his duty is to take part in the conduct of an election or part of an election including
the counting of votes or to be responsible after an election for the used ballot papers and
other documents in connection with such election, but the expression "official duty " shall
not include any duty imposed otherwise than by or under this Act.

(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.
Prosecution 43. No court shall take cognizance of an offence punishable under section 39 or
in certain under section 40 or under clause (a) of sub-section (2) of section 42 except on a complaint
offences.
made by an order of, or under authority from the State Election Commission.
REQUISITIONING OF PREMISES FOR THE PURPOSES OF ELECTION
Requisitionin
g of premises 44. (1) If it appears to an official authorised by the State Government
, vehicles, etc. in this behalf (for conduct of elections under this Act) (hereinafter referred to
for election as "the requisitioning authority") that in connection with an election under
purposes.
this Act—
(a) any premises are needed or are likely to be needed for being used as a polling
station or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle, vessel or animal is needed or likely to be needed for the purpose
of transport of ballot boxes to or from any polling station or transport of
members of the police force for maintaining order during the conduct of such
election, or transport of any officer or other person for performance of any
duties in connection with such election,
the requisitioning authority may by order in writing requisition such premises, or as
the case may be, such vehicle, vessel or animal and may make such further orders as may
appear to it to be necessary or expedient in connection with the requisitioning :
Provided that, no vehicle, vessel or animal which is being lawfully used by a
candidate or his agent for any purpose connected with the election of such candidate shall
be requisitioned under this sub-section, until, the completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed to the person
deemed by the requisitioning authority to be the owner or person in possession of the
property, and such order shall be served in the manner prescribed by rules made by the
State Government under this Act, on the person to whom it is addressed.
(3) Wherever any property is requisitioned under sub-section (1), the period of
such requisition shall not extend beyond the period for which such property is required for
any of the purposes mentioned in that sub-section.
(4) In this section—
(a) "premises" means any land, building or part of a building and includes a
hut, shed or other structure or any part thereof ;
(b) "vehicle" means any vehicle used or capable of being used for the purpose
of road transport whether propelled by mechanical power or otherwise.
Payment of 45. (1) Whenever in pursuance of section 44 the requisitioning autho-
compensation rity requisitions any premises, the panchayat shall pay to the persons
.
interested compensation the amount of which shall be determined by the re-
quisitioning authority by taking into consideration the following factors that
is to say—
(i) the rent payable, in respect of the premises or if no rent is so payable, the
rent payable for similar premises in the locality ;
1993 : Guj. 18] Gujarat Panchayats Act, 1993 19

(ii) if in consequence of the requisition of premises, the person interested is

compelled to change his residence or place of business the reasonable
expenses (if any ) incidental to such change :
Provided that where any person interested being aggrieved by the amount of
compensation so determined makes an application to the requisitioning authority within the
time prescribed by rules made by the State Government for referring the matter to an
arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed
in this behalf by the requisitioning authority may determine
Provided further that, where there is any dispute as to the title to receive the
compensation or as to the apportionment of the amount of compensation, it shall be
referred by the requisitioning authority to an arbitrator appointed in this behalf by the
requisitioning authority for determination, and shall be determined in accordance with the
decision of such arbitrator.
Explanation.—In this sub-section, the expression "person interested" means a
person who was in actual possession of the premises requisitioned under section 44
immediately before the requistion, or where no person was in such actual possession, the
owner of such premises.
(2) Whenever in pursuance of section 44, the requisitioning authority requisitions
any vehicle, vessel or animal, the panchayat shall pay to the owner thereof compensation
the amount of which shall be determined by the requisitioning authority on the basis of
fares of rates prevailing in the locality for the hire of such vehicle, vessel or animal :
Provided that, where the owner of such vehicle, vessel or animal being aggrieved by
the amount of compensation so determined makes an application within the time prescribed
by rules made by the State Government to the requisitioning authority for referring the
matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator
appointed in this behalf by the requisitioning authority may determine :
Provided further that, where immediately before the requisitioning, the vehicle or
vessel was by virtue of a hire-purchase agreement in the possession of a person other than
the owner, the amount determined under this sub-section as the total compensation payable
in respect of the requisition shall be apportioned between that person and the owner in such
manner as they may agree upon, and in default of agreement, in such manner as an
arbitrator appointed by the requisitioning authority in this behalf may decide.
46. The requisitioning authority may, with a view to requisitioning any property Power to
under section 44 or determining the compensation payable under section 45 by order, obtain
information.
require any person to furnish to such authority as may be specified in the order such
information in his possession relating to such property as may be so specified.
47. (1) Any person authorised in this behalf by the requisitioning authority may Power of
enter into any premises and inspect such premises and any vehicle, vessel or animal therein entry into
and
for the purpose of determining whether, and if so, in what manner, an order under section inspection of
44 should be made in relation to such premises, vehicles, vessel or animal, or with a view premises,
to securing compliance with any order made under that section. etc.

(2) In this section, the expressions "premises" and "vehicles" have the same
meaning as in section 44.
48.(1) Any person remaining in possession of any requisitioned Eviction from
premises in contravention of an order made under section 44 may be summarily requisitioned
evicted from the premises by any officer empowered by the requisitioning premises.
authority in this behalf.
(2) Any officer so empowered may after giving to any woman not appearing in
public reasonable warning and facility to withdraw, remove or open any lock or bolt or
break open any door of any building or do any other act necessary for effecting such
eviction.
49.(1) When any premises requisitioned under section 44 are to be released from Release of
premises
from
requisition.
 20 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

requisition, the possession thereof shall be dedivered to the person from whom possession
was taken at the time when the premises were requisitioned or if there were no such person,
to the person deemed by the requisitioning authority to be the owner of such premises and
such delivery of possession shall be a full discharge of the requisitioning authority from all
liabilities in respect of such delivery, but shall not prejudice any right in respect of the
premises which any other person may be entitled by due process of law to enforce against
the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned under
section 44 is to be given under sub-section (1) cannot be found or is not readily
ascertainable or has no agent or any other person empowered to accept delivery on his
behalf the requisitioning authority shall cause a notice declaring that such premises are
released from requisition to be affixed on some conspicuous part of such premises and
publish the notice in the Official Gazette,
(3) When a notice referred to in sub-section (2) is published in the Official Gazette
the premises specified in such notice shall cease to be subject to requisition on and from the
date of such publication and be deemed to have been delivered to the person entitled to
possession thereof ; and the requisitioning authority or the panchayat shall not be liable for
any compensation or other claim in respect of such premises for any period after the said
date.
Penalty for 50. If any person contravenes any order made under section 44 or section 46, he
contravention
of any order
shall on conviction, be punished with imprisonment for a term which may extend to one
regarding year or with fine, or with both.
requisition.
CHAPTER--IV.
PROVISIONS RELATING TO PRESIDING OFFICERS OF PANCHAYATS AND
MEMBER OF PANCHAYATS.

PART--I
Village Panchayats
First 51. (1) On the constitution of village panchayat or on its reconstitution under
meeting of
panchayat
section 13 or under any other provision of this Act, there shall be called the first meeting
and election thereof for the election of Upa-Sarpanch from amongst the members of the panchayat.
of Sarpanch
and Upa- (2)(a) The offices of sarpanch of village panchayats in the State shall be reserved by
Sarpanch the State Government for the Scheduled Castes and the Scheduled Tribes and the number of
the offices of Sarpanch of village panchayats in the State so reserved shall bear as nearly as
may be, the same proportion to the total number of offices of Sarpanch of village panchayat
in the State as the population of the Scheduled Castes in the State or of the Scheduled
Tribes in the State bears to the total population of the State. There shall be reserved by the
State Government for socially and educationally backward classes ten percent of the offices
of Sarpanch of village panchayats in the State,

(b) (i) One third of the total number of offices of Sarpanch of village panchayats in
the State reserved under clause (a), and

(ii) One third of the total number of offices of Sarpanch of village panchayats in the
State, not so reserved,

shall be reserved by the State Government, for women.

(3) The number of offices reserved under sub-section (2) shall be allotted by the
State Government by rotation to different village panchayats in the State in the prescribed
manner.

(4) The meeting shall be held on such day within four weeks from the date on which
the names of members elected at the general election are published under section 15 as may
be fixed by the competent authority

Provided that where no day is fixed within the aforesaid period of four weeks, the
competent authority shall report the fact to the State Government or an officer or authority
authorised by the State Government and the meeting shall be held on such day as the State
1993 : Guj. 18] Gujarat Panchayats Act, 1993 21

Government or the said officer or authority as the case may be, may specify.

(5) In the case of village panchayat, where there has been a failure to elect a
Sarpanch or where the elected Sarpanch is not willing to take office, the first meeting of
such village panchayat shall be presided over by such officer as the competent authority
may by order appoint in that behalf.

Such officer shall have such powers and follow such procedure as may be
prescribed but shall not have the right to vote.

(6) At the first meeting of the village panchayat no business other than the election
of the Upa-Sarpanch shall be transacted.
(7) If at the election under this section there is an equality of votes, the result of
the election shall be decided by lot drawn in the presence of the presiding officer in such
manner as he may determine.
(8) In the event of a dispute arising as to the validity of an election under the
foregoing provisions of this section, the dispute shall be referred within a period of thirty
days from the date of the declaration of the result of the election to the competent authority
for decision. The decision of the competent authority shall be final and no suit or other
proceeding shall lie against it in any court.
52. (1) On the election of a new Sarpanch or Upa-Sarpanch it shall be the duty of the Duty of
retiring Sarpanch or, as the case may be, Upa-Sarpanch, to hand over to him charge of his retiring
Sarpanch,
office and deliver to him the record and property belonging to the panchayat and in his etc. to hand
custody. over charge
of office.
(2) The provisions of the sub-section (1) shall apply mutatis mutandis to a retiring
member in the matter of handing over charge of his office.
53. Save as otherwise provided in this Act, the term of office of— Term of
office of
(a) the members of a village panchayat, and members of
village
(b) the Sarpanch and Upa-Sarpanch of a village panchayat, panchayats
and of
shall be co-extensive with the duration of the panchayat. Sarpanch,
etc. thereof.
54. (1) (a) The Sarpanch may resign from his office by tendering his
resignation in writing to the Competent authority but the resignation shall not take Resignation
effect until it is accepted by the competent authority. of members,
Sarpanch or
(b) The Upa-Sarpanch may resign from his office by tendering his resignation in Upa-
writing to the panchayat but the resignation shall not take effect untill it is accepted by the Sarpanch.
panchayat.
(2) Any other member of the panchayat may resign from his office by tendering his
resignation to the Sarpanch and the resignation shall take effect on the date on which it is
accepted by the Sarpanch.
(3) If any dispute regarding any resignation arises, it shall be referred for decision
to such officer, as the State Government may, by general or special order, appoint in that
behalf and the decision of such officer shall be final:
Provided that no such dispute shall be entertained after the expiry of a period of thirty
days from the date on which the resignation takes effect.
55. (1) Save as otherwise expressly provided by or under this Act, the executive Executive
power, for the purpose of carrying out the provisions of this Act and the resolutions passed functions
of
by a village panchayat shall vest in the Sarpanch thereof who shall be directly responsible Sarpanch,
for the due fulfilment of the duties imposed upon the panchayat by or under this Act. In the or Upa-
absence of the Sarpanch his power and duties shall, save as may be otherwise prescri- Sarpanch.
bed by rules, be exercised and performed by the Upa-Sarpanch.
(2) Without prejudice to the generality of the foregoing provision :—-
(a) the Sarpanch shall—
 22 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(i) preside over and regulate the meeting of the panchayat ;

(ii) exercise supervision and control over the acts done and actions taken by all
officers and servants of the panchayat ;
(iii) incur contingent expenditure upto fifty rupees at any one occasion;
(iv) operate on the fund of the panchayat including authorisation of payment,
issue of cheques and refunds ;
(v) be responsible for the safe custody of the fund of the panchayat ;

(vi) cause to prepared all statements and reports required by or under this Act ;
(vii) exercise such other powers and discharge such other functions as may be
conferred or imposed upon him by this Act or rules made thereunder,
(b) the Upa-Sarpanch shall--
(i) in the absence of the Sarpanch preside over and regulate the meetings of the
panchayat ;
(ii) exercise such of the powers and perform such of the duties of the Sarpanch
as the Sarpanch may, from time to time delegate to him ;
(iii) in case the Sarpanch has been continuously absent from the village for more
than fifteen days or is incapacitated to exercise the powers and perform the
duties of the Sarpanch.
(3) In the absence of both the Sarpanch and the Upa-Sarpanch, every meeting of the
panchayat shall be presided over by such one of the members present as may be chosen by
the meeting to be Chairman for the occasion.
(4) Notwithstanding anything contained in clause (iv) of sub-section (2), no money
shall be withdrawn from the fund of the panchayat except with the signature of the
Sarpanch and any one of the two other members of the panchayat authorised in that behalf
by the panchayat.
Motion of no- 56. (1) Any member who intends to move a motion of no confidence against the
confidence. Sarpanch or the Upa-Sarpanch may give notice thereof in the prescribed form to the
panchayat concerned. If the notice is supported by one half of the total number of members
of the panchayat concerned, the motion may be moved.
(2) Where in the case of the Sarpanch or, as the case may be, the Upa-Sarpanch,
the motion is carried by a majority of not less than two-thirds of the total number of the
members of the panchayat, the Sarpanch or, as the case may be, the Upa-Sarpanch shall
cease to hold office after a period of three days from the date on which the motion is
carried unless he has resigned and the resignation has become effective earlier ; and
thereupon the office held by him shall be deemed to have become vacant.
(3) Notwithstanding anything contained in this Act or the rules made thereunder a
Sarpanch or, as the case may be, an Upa-Sarpanch, shall not preside over a meeting in
which a motion of no confidence is discussed against him, but he shall have a right to
speak or otherwise to take part in the proceedings of such a meeting (including the right to
vote.).
(4) When the offices of both the Sarpanch and Upa-Sarpanch become vacant
simultaneously, such Officer as the Taluka Development Officer may authorise in this
behalf shall, pending the election of the Sarpanch, exercise all the powers and preform all
the functions and duties of Sarpanch but he shall not have the right to vote in any meetings
of the panchayat.
(5) (a) Notwithstanding anything contained in section 91 or 95 a meeting of
the panchayat for dealing with a motion of no confidence under this
section shall be called within a period of fifteen days from the date on
which the notice of such motion is received by the panchayat ;
(b) If the Sarpanch fails to call such meeting, the Secretary of the
panchayat shall forthwith make a report thereof the competent authority
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 23

and thereupon the competent authority shall call a meeting of the

panchayat within a period of fifteen days from the date of the receipt of
the report.

Removal 57.(1) The competent authority may remove from office any member
from office. of the panchayat, the Sarpanch or, as the case may be, the Upa-Sarpanch
thereof, after giving him an opportunity cf being heard and giving due notice
in that behalf to the panchayat and after such inquiry as it deems necessary,
if such member, Sarpanch or, as the case may be, Upa-Sarpanch has been guilty of
misconduct in the discharge of his duties or of any disgraceful conduct or abuses his
powers or makes persistent default in the performance of his duties and functions under this
Act or has become incapable of performing his duties and functions under this Act. The
Sarpanch or, as the case may be, the Upa-Sarpanch, so removed may at the discretion of the
competent authority also be removed from the membership of the panchayat
(2) The competent authority may, after following the procedure laid down in sub-
section (1) disqualify for a period not exceeding five years any person who has resigned his
office as a member. Sarpanch or Upa-Sarpanch, or otherwise ceased to hold any such office
and has been guilty of misconduct specified in sub-section (1) or has been incapable of
performing his duties and functions :
Provided that an action under this sub-section shall be taken within six months
from the date on which the person resigns or ceases to hold any such office.
(3) Any person aggrieved by an order of the competent authority under sub-section
(1) or (2) may, within a period of thirty days from the date of the communication of such
order, appeal to the State Government.
58.(1) Any member of a village panchayat who. during his term of Leave of
office— absence.

(a) is absent for more than three consecutive months from the village unless
leave not exceeding four months so to absent himself has been granted by
the panchayat ; or
(b) absents himself for four consecutive months from the meetings of the
panchayat without the leave of the said panchayat,
shall cease to be a member and his office shall be vacant and thereupon the
panchayat shall as soon as may be inform him that the vacancy has occurred.
(2) Any dispute as to whether a vacancy has or has not occurred under
this section shall be referred for decision to the competent authority, whose
decision shall be final :
Provided that such reference shall not be entertained if it is made after the expiry of
fifteen days from the date on which the panchayat informs under sub-section (1) the
member as to the vacancy.
(3) Whenever leave is granted under sub-section (1) to a member who is an
Upa-Sarpanch, another member shall, subject to the conditions to which the election of the
Upa-Sarpanch so absenting himself was subject, be elected to perform all the duties and
exercise all the powers of an Upa-Sarpanch during the period for which such leave is
granted.
59.(1) The District Development Officer may suspend from office the Sarpanch or Suspension
the Upa-Sarpanch of a village panchayat against whom any criminal proceedings in respect of Sarpanch
of an offence involving moral turpitude have been instituted or who has been detained in a or Upa-
Sarpanch.
prison during trial for any offence or who is undergoing such sentence of imprisonment as
would not disqualify him from continuing as a member of the panchayat under section
30 or who has been detained under any law relating to preventive detention for the time
being in force.
(2) Where any Sarpanch or Upa-Sarpanch, has been suspended under sub-section
(1) another member of the village panchayat shall, subject to the conditions to which the
election of the Sarpanch or Upa-Sarpanch, so suspended was subject, be elected to perform
 24 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

all the duties and exercise all the powers of a Sarpanch or Upa-Sarpanch, during the period
for which such suspension continues.
(3) An appeal shall lie against an order passed under sub-section (1) to the State
Government. Such appeal shall be made within a period of thirty days from the date of the
order.

60. A member of a village panchayat whose office has become vacant Eligibility of
under section 32 or under section 58 shall, if his disqualification or disability certain
members
has ceased, be eligible for re-election. for re-
election.

Filling up 61. (1) Any vacancy in the office of a Sarpanch, or Upa-Sarpanch, or member of a
of panchayat of which notice has been given to the competent authority in the prescribed
vacancies.
manner shall be filled by the election of a Sarpanch, Upa-Sarpanch or as the case may be,
member, who shall hold office so long only as the Sarpanch, Upa-Sarpanch or member, in
whose place he has been elected, would have held office if the vacancy had not occurred :

Provided that if vacancy of a member occurs within four months preceding the date
on which the duration of the panchayat expires under section 13, it shall not be filled.

(2) The meeting for the election of the Sarpanch or Upa-Sarpanch of a village
panchayat under sub-section (i) shall be convened by the competent authority on such date
as it may fix and the election shall be held in the same manner in which the election of a
Sarpanch or Upa-Sarpanch is held under section 51 and the provisions of that section shall,
so far as may be, apply in respect of such election.
Acts and 62.(1) No disqualification of or defect in the election of any person acting as a
proceeding
of panchayat member, Sarpanch, or Upa-Sarpanch or Chairman or member of a committee constituted
and under this Act or defect in the appointment of a presiding authority of the first general
Committee meeting shall be deemed to vitiate any act or preceding of the panMyat or of any such
not vitiated committee, as the case may be, in which the person MS taken part wherever the majority of
by dis-
qualification, persons parties to such act or proceeding were entitled to act.
etc. of
members (2) No resolution of a panchayat or of any committee constituted under this Act,
thereof. shall be deemed invalid on account of any irregularity in the service of notice upon any
member, provided that the proceedings of the panchayat or committee were not
prejudicially affected by such irregularity.

(3) Untill the contrary is proved, every meeting of a panchayat or of a committee

constituted under this Act in respect of proceedings whereof a minute has been made and
signed in accordance with this Act, shall be deemed to have been duly convened and held
and all the members of the meeting shall be deemed to have been duly qualified, and where
the proceedings are the proceedings of a committee, such committee shall be deemed to
have been duly constituted and to have had the power to deal with the matters referred to in
the mintute.

(4) During any vacancy in a panchayat or committee thereof the continuing

members may act as if no vacancy had occured.

PART II

TALUKA PANCHAYATS
First meeting
63.(1) On the constitution of a taluka panchayat or on its reconstitution under section
of panchayat
and election of 13 or under any other provisions of this Act there shall be called the first meeting thereof
President and for the election of its President and Vice- President from amongst its elected members.
Vice-
President. (2) (a) The offices of the President of Taluka Panchayats in the State shall be
reserved by the State Government for the Scheduled Castes and the Scheduled Tribes and
the number of offices of President of the Taluka Panchayats in the State so reserved shall
bear at nearly as may be, the same proportion to the total number of offices of President of
Taluka Panchayats in the State as the population of the Scheduled Castes in the State or of
1993 : Guj. 18] Gujarat Panchayats Act, 1993 25

the Scheduled Tribes in the State bears to the total population of the State. There shall be
reserved by the State Government for socially and educationally backward classes ten
percent of the offices of the President of Taluka Panchayats in the State ;

(b) (i) One third of the total number of offices of President of Taluka
Panchayats in the State reserved under clause (a), and

(ii) One third of the total number of offices of President of Taluka

Panchayats in the State, not so reserved,

shall be reserved by the State Government for women.

(3) The number of offices reserved under sub-section (2) shall be allotted by the
State Government by rotation to different taluka Panchayats in the State in the prescribed
manner.
(4) The meeting shall be held on such day within four weeks from the date on which
the names of members elected at the general election are published under section 15 as may
be fixed by the competent authority:
Provided that where no day is fixed within the aforesaid period of four weeks, the
competent authority shall report the fact to the State Government or an officer or authority
authorised by the State Government and the meeting shall be held on such day as the State
Government or the said officer or authority, as the case may be, may specify.
(5) The first meeting shall be presided over by such officer as the competent
authority may by order appoint in that behalf. Such officer shall, have such powers and
follow such procedure as may be prescribed but shall not have the right to vote.
(6) No business other than the election of the President and Vice-President shall be
transacted at the meeting.
(7) If at the election under this section, there is an equality of votes, the result of the
election shall be decided by lot drawn in the presence of the presiding officer as he may
determine.
(8) In the event of a dispute arising as to the validity of an election under the
foregoing provisions of this section the the dispute shall be referred within a period of
thirty days from the date of the declaration of the result of the election to the competent
authority for decision. the decision of the competent authority shall be final and no suit or
other proceeding shall lie against it in any court.
64. (1) On the election of a new President or Vice-President, it shall Duty of
retiring
be the duty of the retiring President or, as the case may be, Vice-President president,
to hand over to him charge of his office and deliver to him the record and etc. to
property belonging to the panchayat and in his custody, handover
charge of
(2) The provisions of sub-section (1) shall apply mutandis to a retiring member in office.
the matter of handing over charge of his office.
65. (1) Subject to the provisions of this Act, the taluka panchayat shall Honorarium
allowances ,
pay to its President an honorarium at such rate as may be prescribed. etc. to
President
(2) (a) The President shall be entitled without payment of rent, to the use of a and Vice-
residence, in the headquarters of the panchayat or with the previous sanction of the State President
Government at any other place in the taluka throughout his term of office and for a period and
of fifteen days immediately there after, or in lieu of such residence, a house allowance at travelling
allowances
such rate as the State Government may determine by a general or special order. to members.
(b) No charge shall fall on the President personally in respect of the
maintenance of any residence provided under this sub-section.
(3) During the leave or absence of the President, the Vice-President shall be paid
such honorarium and allowances as may be prescribed.
 26 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(4) The President, Vice-President and a member of the panchayat shall be entitled to
travelling allowances while touring en public business at such rates and upon such
conditions as may be determined by rules made either prospectively or retrospectively.
66. (1) Subject to the provisions of sub-section (2), where the President Payment of
of a taluka panchayat remains absent or is on leave for a continuous period honorarium
to President
exceeding fifteen days, he shall not be entitled to any honorarium under sub during leave
section (1) of section 65 for such period. or absence.

(2) Where the President remains absent on ground of illness duly certified by such
medical authority as the State Government may by general or special order specify, the
President shall be entitled to an honorarium under sub-section (1) of section 65 during the
period of such absence in so far as such period does not exceed ninety days during any
year.
(3) Nothing in sub-section (1) shall apply to the absence of the President on
account of his touring on public business.
Term of office 67. Save as otherwise provided in this Act, the term of office of members, President
of members, and Vice-President of a taluka panchayat shall be co-extensive with the duration of the
President and
Vice-President. panchayat.

68. (1) The President may resign from his office by tendering his resignation in
writing to the competent authority but the resignation shall not take effect until it is
accepted by the competent authority.
(2) The Vice-President may resign from his office by tendering his resignation in
writing to the panchayat but the resignation shall not take effect untill it is accepted by the
panchayat.
(3) Any other member of the panchayat may resign by tendering his resignation to
the President and the resignation shall take effect on the date on which it is received by the
President.
(4) If any dispute regarding any resignation arises it shall be referred for decision to
such officer as the State Government may by general or special order appoint in that behalf
and the decision of such officer shall be final:
Provided that no such dispute shall be entertained after the expiry of a period of
thirty days from the date on which the resignation takes effect
Powers and 69. (1) (a) The President shall-
functions of
President (i) convene, preside at, and conduct meetings of the taluka panchayat ;
and Vice-
President. (ii) have access to the records of the panchayat ;
(iii) discharge all the duties imposed, and exercise all the powers conferred on
him by or under this Act;
(iv) watch over the financial and executive administration of the panchayat and
submit to the panchayat all questions connected therewith which shall
appear to him to require its orders; and
(v) exercise administrative supervision over the Taluka Development Officer
for securing implementation of resolutions or decisions of the panchayat or
of any committee thereof.
(b) The President may in cases of emergency direct the execution or suspension or
stoppage of any work or the doing of any act which requires the sanction of the panchayat
or any authority thereof, and immediate execution or doing of which is, in his opinion,
necessary for the service or safety of the public and may direct that the expenses of
executing such work or doing such act shall be paid from the Taluka Fund :
Provided that, he shall report forthwith the action taken under this sub-section, and
the reasons therefor, to the Executive Committee or any appropriate Standing Committee at
its next meeting.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 27

(2) The Vice-President shall-

(a) in the absence of the President, preside at the meetings of the panchayat ;
(b) exercise such of the powers and perform such of the duties of the president
as the President from time to time may, subject to the rules made by the
State Government in this behalf, delegate to him by an order in writing ; and
(c) pending the election of President, or during the absence of the President,
exercise the powers and perform the duties of the President.
Motion of no 70. (1) Any member who intends to move a motion of no confidence against the
confidence.
President or Vice-President may give a notice thereof in the prescribed form to the
panchayat. If the notice is supported by such number of members as may be prescribed, the
motion may be moved.
(2) If the motion is carried by a majority of not less than two-thirds of the total
number of the then members of the panchayat, the President or the Vice-President, as the
case may be, shall cease to hold office after a period of three days from the date on which
the motion is carried, unless he has resigned earlier; and thereupon the office held by such
President or Vice-President shall he deemed to be vacant.
(3) Notwithstanding anything contained in this Act or the rules made thereunder a
President or Vice-President shall not preside over a meeting in which a motion of no
confidence is discussed against him; but he shall have a-right to speak or otherwise to take
part in the proceedings of such a meeting (including the right to vote).
(4) (a) Notwithstanding anything contained in section 122, a meeting of the
panchayat for dealing with a motion of no confidence under this section
shall be called within a period of fifteen days from the date on which a
notice of such motion is received by the panchayat.
(b) If the President of the panchayat fails to call such meeting, the Secretary of
the panchayat shall make a report thereof to the competent authority and
thereupon the competent authority shall call a meeting of the panchayat
within a period of fifteen days from the date of the receipt of the report.
71. (1) The competent authority may remove from office any member of a Removal
panchayat or any President or Vice-President thereof after giving him an opportunity of from office.
being heard and giving due notice in that behalf to the panchayat and after such inquiry as
it deems necessary, if such member, President or Vice-President has been guilty or
misconduct in the discharge of his duties or of any disgraceful conduct or abuses his
powers or makes persistent default in the performance of his duties and functions under this
Act or has become incapable of performing his duties under this Act. The President or as
the case may be, the Vice-President so removed may at the discretion of the competent
authority also be removed from the membership of the panchayat.
(2) The competent authority may, after following the procedure laid down in sub-
section (1), disqualify for a period not exceeding five years any person who has resigned
his office as a member, President or Vice-President or otherwise ceased to hold any such
office and has been guilty of misconduct specified in sub-section (1) or has been incapable
of performing his duties. :
Provided that an action shall be taken within six months from the date on which the
person resigns, or ceases to hold, any such office.
(3) Any person aggrieved by an order of the competent authority under sub-section
(1) or (2) may within a period of thirty days from the date of the communication of such
order appeal to the prescribed authority.
72. (1) Any member other than an associate member of a panchayat who during Leave of
his term of office :- absence.

(a) is absent for more than three consecutive months from the taluka
unless leave not exceeding four months so to absent himself has been
granted by the panchayat, or
 28 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(b) absents himself from four consecutive meetings of the panchayat

without the leave of the said panchayat,
shall cease to be member and his office shall be vacant and thereupon the panchayat shall,
as soon as may be, inform him that the vacancy has occurred.
(2) Any dispute as to whether a vacancy has or has not occurred under this section
shall be referred for decision to the competent authority, whose decision shall be final :
Provided that such reference shall not be entertained if it is made after the expiry of
fifteen days from the date on which the panchayat informs under sub-section (1) the
member as to the vacancy.
(3) Whenever leave is granted under sub-section (1) to a member who is Vice-
President, another member shall subject to the condition to which the election of the Vice-
President so absenting himself was subject, be elected to perform all the duties and exercise
all the powers of a Vice-President during the period for which such leave is granted.
Suspension of 73. (1) The competent authority may suspend from office any President or Vice
President or President against who any criminal proceedings in respect of an offence involving moral
Vice-
President.
turpitude have been instituted, or who has been detained in a prison during trial any
offence or who is undergoing such sentence of imprisonment as would not disqualify him
from continuing as a member of the panchayat under section 30 or who has been detained
under any law relating to preventive detention for the time being in force.

(2) Where any President or Vice-President has been suspended under sub-section (1)
another member shall, subject to the conditions to which the election of the President or, as
the case may be, Vice-President so suspended was subject, be elected to perform all the
duties and exercise all the powers of a President or a Vice-President during the period for
which such suspension continues.

(3) An appeal shall lie against an order passed under sub-section (1) to the State
Government. Such appeal shall be made within a period of thirty days from the date of the
order.

Eligibility of 74. A. member of a panchayat whose office has become vacant under section 32 or
certain under section 72, shall, if his disqualification or disability has ceased, be eligible for re-
members for
re-election. election.

Fillng up 75 (1) Any vacancy in the office of a President, Vice-President or a member of a

vacancies.
panchayat of which notice has been given to the competent authority in the prescribed
manner shall be filled, by the election of a President or Vice-President or a member who
shall hold office so long only as the President, Vice-President or member in whose place he
has been elected would have held office if the vacancy had not occurred :

Provided that if the vacancy of a member occurs within four months preceding the,
date on which the duration of the panchayat expires under section 13, it shall not be
filled.

(2) The meeting for the election of a President or Vice-President under sub-section
(1) shall be convened by the competent authority on such date as it may fix and the election
shall be held in the same manner in which the election of a President or Vice-President is
held under section 62 and the provisions of that section shall, so far as may be, apply in
respect of such election.
Acts and
proceedings of 76. (1) No disqualification of or defect in the election of any person acting as a
panchayat and member, President, or Vice-President or Chairman or member of a committee constituted
committee not under this Act or defect in appointment of presiding authority to the first general meeting
vitiated by
disqualification , shall be deemed to vitiate any act or proceeding of the panchayat or of any such committee,
etc. of members as the case may be, in which the person has taken part, wherever the majority of persons,
thereof. parties to such act or proceeding, were entitled to act.
1993 : Guj. 18] Gujarat Panchayats Act, 1993 29

(2) No resolution of a panchayat or of any committee constituted under this Act shall
be deemed invalid on account of any irregularity in the service of notice upon any member,
provided that the proceedings of the panchayat or committee, were not prejudicially
affected by such irregularity.

(3) Until the contrary is proved, every meeting of a panchayat or a committee

constituted under this Act in respect of proceedings whereof a minute has been made and
signed in accordance with this Act, shall be deemed to have been duly convened and held
and all the members of the meeting shall be deemed to have been duly qualified ; and where
the proceedings are the proceedings of a committee, such committee shall be deemed
to have been duly constituted and to have had the power to deal with the matters referred to
in the minute.

(4) During any vacancy in a Panchayat or committee thereof the continuing

members may act as if no vacancy had occurred.

PART III
DISTRICT PANCHAYATS
77. (1) On the constitution of a district panchayat or on its reconstitution under First meeting
section 13 or under -any other provisions of this Act there shall be called the first meeting of district
panchayat and
thereof for the election of its President and the Vice President from amongst its elected election of
members President and
Vice -
(2) (a) The offices of President of District Panchayats in the State shall be reserved President.
by the State Government for the Scheduled Castes and the Scheduled Tribes and the
number of offices of President of the District Panchayats in the State so reserved shall bear
as nearly as may be, the same proportion to the total number of offices of President of
District Panchayats in the State as the population of the Scheduled Castes in the State or of
the Scheduled Tribes in the State bears to the total population of the State. There shall be
reserved by the State Government for socially and educationally backward classes ten per
cent. of the offices of the President of District Panchayats in the State ;
(b) (i) One third of the total number of offices of President of District Panchayats in
the State reserved under clause (a) and—
(ii) One third of the total number of offices of President of District Panchayats in the
State, not so reserved,
shall be reserved by the State Government for women.
(3) The number of offices reserved under sub-section (2) shall be allotted by the
State Government by rotation to different District Panchayats in the State in the prescribed
manner.
(4) The meeting shall be held on such day within four weeks from the
date on which the names of members elected at the General election are
published under section 15, as may be fixed by the competent authority:
Provided that where no day is fixed within the aforesaid period of four weeks the
competent authority shall report the fact to the State Government or officer or authority
authorised by the State Government and the meeting shall be held on such day as the State
Government or the said officer or authority, as the case may be, may specify.
(5) The first meeting shall be presided over by such officer as the competent
authority may by order appoint in that behalf. Such officer shall, have such powers and
follow such procedure as may be prescribed but shall not have the right to vote.
(6) No business other than the election of the President and the Vice-President shall
be transacted at the meeting.
(7) If at the election under this section, there is an equality of votes, the result of
the election shall be decided by lot drawn in the presence of the presiding officer in such
manner as he may determine.
(8) In the event of a dispute arising as to the validity of an election under the
foregoing provisions of this section, the dispute shall be referred within a period of thirty
 30 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

days from the date of the declaration of the result of the election to the competent authority
for decision. The decision of the competent authority shall be final and no suit or other
proceeding shall lie against it in any court.
78. (2) On the election of anew President or Vice-President it shall be the duty of Duty of
the retiring President or, as the case may be, Vice-President to hand over to him charge of retiring
President ,
his office and to deliver to him the record and property belonging to the panchayat and in etc. to
his custody. handover
charge.
(2) The provisions of sub-section (1) shall apply mutatis mutandis to a retiring
member in the matter of handing over charge of his office.
79. (1) Subject to the provisions of this Act, the district panchayat shall pay to its Honorarium
and allowance ,
President an honorarium at such rate as may be prescribed.
etc. to
(2) (a) The President shall be entitled, without payment of rent, to the use of a President and
residence, in the headquarters of the panchayat or with the previous sanction of the State Vice-President
and travelling
Government at any other place in the district throughout his term of office and for a period allowances to
of fifteen days immediately thereafter, or in lieu of such residence house allowance at such members.
rate as the State Government may determine by a general or special order.
(b) No charge shall fall on the President personally in respect of the main-
tenance of any residence provided under this sub-section.
(3) During the leave or absence of the President, the Vice-President shall be paid
such honorarium and allowances as may be prescribed.
(4) The President of the panchayat shall be paid a conveyance allowance or
permanent travelling allowance or both at such rates and upon such conditions as the State
Government may by order determine from time to time.
(5) The Vice-President, and members of the panchayat shall be entitled to
travelling allowance while touring on public business at such rates and upon such
conditions, as may be determined by rules made either prospectively or retrospectively.
Payment of
honoratium
80. (1) subject to the provisions of sub-section (2), where the President
to President of a district panchayat remains absent or is on leave for a continuous period
during leave exceeding fifteen days, he shall not be entitled to any honorarium under sub-
or absence. section (1) of section 79 of for such period.
(2) Where the president remains absent on ground of illness duly certified by such
medical authority as the State Government may by general or special order specify, the
President shall be entitled to an honorarium under sub-section (1) of section 79 during the
period of such absence in so far as such period does not exceed ninety days during any
year.
(3) Nothing in sub-section (7) shall apply to the absence of the
President on account of his touring on public business.
Term of
office of 81. Save as otherwise provided in this Act, the term of office of
members of members, President and Vice-President of a district panchayat shall be co-extensive
district with the duration of the Panchayat.
panchayat
and of
President
and vice-
President.
Resignation 82. (1) The President may resign from his office by tendering his
resignation in writing to the competent authority but the resignation shall
not take effect until it is accepted by the competent authority.
(2) The Vice-President may resign from his office by tendering his resignation in
writing to the panchayat but the resignation shall not take effect until it is accepted by the
panchayat.
(3) Any other member of the panchayat may resign by tendering his resignation to
the President and the resignation shall take effect on the date on which it is accepted by the
President.
(4) If any dispute regarding any resignation arises it shall be referred for decision to
such officer as the State Government may by general or special order appoint in that behalf
and the decision of such officer shall be final:
Provided that no such dispute shall be entertained after the expiry of a period of
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 31

thirty days from the date on which the resignation takes effect.
Powers 83. (1)(a) The President shall-
and (i) convene, preside at and conduct meetings of the district panchayat;
functions
of (ii) have access to the records of the panchayat;
President
and Vice- (iii) discharge all duties imposed, and exercise all the powers conferred
President. on him by or under this Act;
(iv) watch over the financial and executive administration of the pancha-
yat and submit to the panchayat all questions connected therewith
which shall appear to him to require its orders; and
(v) exercise administrative supervision over the District Development
Officer for securing implementation of resolutions or decisions of
the panchayat or of any Committee thereof.
(b) The President may in cases of emergency direct the execution or
suspension or stoppage of any work or the doing of any act which requires
the sanction of the panchayat or any authority thereof, and immediate
execution or doing of which is, in his opinion, necessary for the service or
safety of the public, and may direct that the expenses of executing such act
shall be paid from the District Fund. :

Provided that, he shall report forthwith the action taken under this sub-section, and
the reasons therefor to the Executive Committee or any appropriate Standing Committee at
its next meetings.
(2) The Vice-President shall-
(a) in the absence of the President, preside at the meetings of the panchayat ;
(b) exercise such of the powers and perform such of the duties of the
President, as the President from time to time may, subject to the rules made by the State
Government in this behalf, delegate to him by an order in writing ; and
(c) pending the election of President, or during the absence of the President,
exercise the powers and perform the duties of the President.
84.(1) Any member who intends to move a motion of no confidence against the Motion of
President or Vice-President may give notice thereof in the prescribed form to the no
confidence.
panchayat. If the notice is supported by such number of members as may be prescribed, the
motion may be moved.
(2) If the motion is carried by a majority of not less than two-thirds of the total
number of the then members of the panchayat, the President or Vice-President, as the case
may be, shall cease to hold office, after a period of three days from the date on which the
motion was carried unless he has resigned earlier; and thereupon the office held by such
President or Vice-President shall be deemed to be vacant.
(3) Notwithstanding anything contained in this Act or the rules made thereunder, a
President or Vice-President shall not preside over a meeting in which a motion of no
confidence is discussed against him; but he shall have a right to speak or otherwise to take
part in the proceedings of such a meeting (including the right to vote).
(4) (a) Notwithstanding anything contained in section 144, a meeting
of the panchayat for dealing with a motion of no confidence under this
section shall be called within a period of fifteen days from the date ^ which
a notice of such motion is received by the panchayat.
(b) If the President of the panchayat fails to call such meeting, the Secretary of the
panchayat shall make a report thereof to the competent authority and thereupon the
competent authority shall call a meeting of the panchayat within a period of fifteen days
from the date of the receipt of the report.
Removal
from office
 32 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

85.(1) The competent authority may remove from office any member of a panchayat
or a President or Vice-President thereof after giving him an opportunity of being heard and
giving due notice in that behalf to the panchayat and after such enquiry as it deems
necessary, if such member, President or Vice-President has been guilty of misconduct in
the discharge of his duties or of' any disgraceful conduct or abuses his powers or makes
persistent default in the performance of his duties and functions under this Act or has
become incapable of performing his duties under this Act. The President or
as the case may be, the Vice-President so removed may, at the discretion of the competent
authority, also be removed from the membership of the panchayat.
(2) The competent authority may, after following the procedure laid down in sub-
section (1), disqualify for a period not exceeding five years, any person who has resigned
from his office of member, President or Vice-President or otherwise ceases to hold any
such office and has been guilty of misconduct as specified in sub-section (1), or has been
incapable of performing his duties :
Provided that such action shall be taken within six months from the date on which
the person resigns or ceases to hold any such office.
(3) Any person aggrieved by an order of the competent authority under sub-section
(1) or (2) may, within a period of thirty days from the date of communication of such order,
appeal to the prescribed authority.
Leave of 86. (1) Any member of a panchayat who, during his term of office-
absence.
(a) is absent for more than three consecutive months from the district,
unless leave not exceeding four months so to absent himself has been granted by
the panchayat, or
(b) absents himself from four consecutive meetings of the panchayat
without the leave of the said panchayat,
shall cease to be a member and his office shall be vacant and thereupon the panchayat
shall, as soon as may be, inform him that the vacancy has occurred.
(2) Any dispute as to whether a vacancy has or has not occurred under this section,
shall be referred for decision to the competent authority, whose decision shall be final:
Provided that such reference shall not be entertained if it is made after the expiry of
fifteen days from the date on which the panchayat informs under sub-section (1) to the
member as to the vacancy.
(3) Whenever leave is granted under sub-section (1) to a member who is Vice-
President, another member shall, subject to the conditions to which the election of the
Vice-President, so absenting himself was subject, be elected to perform all the duties and
exercise all the powers of a Vice-President during the period for which such leave is
granted.
Suspension 87.(1) The competent authority may suspend from office any President
of President
or Vice-
or Vice-President or Chairman of Committee against whom any criminal
President or proceedings in respect of an offence involving moral turpitude have been instituted or
Chairman of who has been detained in a prison during trial for any offence or who is undergoing such
Education sentence of imprisonment as would not disqualify him from continuing as a member of the
Committee.
panchayat under section 30, or who has been detained under any law relating to preventive
detention for the time being in force.
(2) Where any President or Vice-President or Chairman has been suspended under
sub-section (1), another member shall, subject to the condition to which the election of the
President, Vice-President or, as the case may be, Chairman suspended, was subject be
elected to perform all the duties and exercise all the powers of a President or a Vice-
President or a Chairman, as the case may be, during the period for which such suspension
continues.
(3) An appeal shall lie against an order passed under sub-section (1) to the State
Government. Such appeal shall be made within a period of thirty days from the date of the
order.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 33

Eligibility of 88. A member of a panchayat whose office has become vacant under
certain section 32 or under section 86 shall, if his disqualification or disability has ceased, be
members for eligible for re-election,.
re-election.
Filling of 89. (1) Any vacancy in the office of a President, Vice-President or member of a
vacancies.
panchayat of which notice has been given to the competent authority in the prescribed
manner shall be filled by the election of a President or Vice-President or member who shall
hold office so long only as the President, Vice-President or member, in whose place he has
been elected would have held office if the vacancy had not occurred:
Provided that if the vacancy of a member occurs within four months preceding the
date on which the duration of the panchayat expires under section 13, it shall not be filled.
(2) The meeting for the election of a President or Vice-President under sub-section
(1), shall be convened by the competent authority on such date as it may fix and the
election shall be held in the same manner in which the election of a President or Vice-
President is held under section 77 and the provisions of that section shall, so far as may be
apply in respect of such election.
90. (1) No disqualification of or defect In the election of any person acting as a Acts and
member, President or Vice-President or Chairman or member of a committee constituted proceedings of
under this Act, or in the appointment of a presiding authority of the first general meeting, panchayat and
shall be deemed to vitiate any act or proceeding of the panchayat or of any such committee, Committee not
vitiated by
as the case may be, in which the person has taken part, wherever the majority of person, disqualifications,
party to such act or proceedings were entitled to act. etc. of members
thereof.
(2) No resolution of a panchayat or of any committee constituted under this Act,
shall be deemed invalid on account of any irregularity in the service of notice upon any
members, provided that the proceedings of the panchayat or committee were not
prejudicially affected by such irregularity.
(3) Until the contrary is proved, every meeting of a panchayat or of a committee
appointed under this Act in respect of proceedings whereof a minute has been made and
signed in accordance with this Act, shall be deemed to have been duly convened and held
and all the members of the meeting shall be deemed to have been duly qualified; and where
the proceedings are the proceedings of a committee such committee shall be deemed to
have been duly constituted and to have has the power to deal with the matters referred to in
the minute.
(4) During any vacancy in a panchayat or committee thereof the continuing
members may act as if no vacancy had occurred.

CHAPTER-V
CONDUCT OF BUSINESS
ADMINISTRATIVE POWERS AND
DUTIES, PROPERTY AND FUND AND ACCOUNTS ETC.
OF PANCHAYATS.
PART-I
Provisions relating to village panchayats.
(A) Conduct of business.
91. The meeting of a village panchayat shall be held at such intervals Meeting of
as my be prescribed : Panchayats.

Provided that the Sarpanch for any specified reason may, and upon the written
request of not less than one third of the members shall call a meeting of the panchayat at
any other time.
92. (1) A village panchayat may constitute an Executive Committee for Village
performing such of its functions and duties (not being those pertaining to Panchayat
Committees,
its Social Justice Committee) as the panchayat may assign to it. their
Constitution,
Powers,
functions and
duties.
34 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(2) The Executive Committee shall consist of five members to be elected by the
panchayat from amongst its members, out of whom one shall belong to a Scheduled Castes
or a Scheduled Tribes and one shall be a woman.
(3) A village panchayat shall constitute a committee called the Social Justice
Committee for performing such functions as are essential for securing social justice to the
weaker sections of the society including persons belonging to the Scheduled Castes and the
Scheduled Tribes, as may be prescribed, and the constitution of such committee shall be
such as may be prescribed.
(4) In addition to the aforesaid committees, a village panchayat may with the
previous approval of the State Government constitute one or more committees consisting
of such members of the panchayat and other residents of the village as the panchayat may
determine, or appoint any of its members,
to execute any work or scheme decided upon by the panchayat or to inquire into and report
to the panchayat on matters which the panchayat may refer to such committee or member.
The panchayat may make regulations for the procedure to be followed by any such
committee.
(5) Where any committee is constituted under this section the members of the
committee shall elect from amongst themselves the Chairman of the committee:
Provided that—
(a) where the Sarpanch and Upa-Sarpanch both are members of any such
committee, the Sarpanch shall be the ex-officio Chairman of such committee and if he
declines to hold the office the Upa-Sarpanch shall be the ex-officio Chairman of the
committee, unless he also declines to hold the office, and
(b) where only one of them is a member thereof he shall be the ex-officio
Chairman of the committee, unless he declines to hold the office.
(6) (a) The term of each of the committee other than the Executive Committee
and the Social Justice Committee shall be such as may be determined by the panchayat.
(b) The term of the Executive Committee shall be two years and on the
expiry of its term, the committee may be reconstituted; and the term of the Social Justice
Committee shall be co-extensive with the duration of the panchayat :
Provided that where the unexpired part of the duration of the panchayat during
which the Executive Committee is constituted or reconstituted is less than two years, the
term of the Executive Committee shall be co-extensive with the unexpired part of the
duration of the panchayat.
(7) A member once elected to a committee shall be eligible for re-election.
(8) A member or Chairman may resign from membership or chairmanship of a
committee by tendering his resignation to the panchayat.
(9) Any vacancy occuring in a committee shall be filled in as soon as possible.
(10) The committees constituted under this section shall in the performance of
their functions exercise such powers and discharge such duties of a village panchayat as
may be assigned to them by the panchayat.

(11) Such of the powers, functions and duties of the panchayat as are not assigned
to any committee shall be exercised and performed by the panchayat.

(12) The panchayat may at any time withdraw from any committee other than the
Social Justice Committee any of the powers, functions and duties assigned to it and may
assign the same to any other committee other than the Social Justice Committee.

(13) A committee shall conform to any instructions that may from time to time be
given to it by the panchayat ; the panchayat may at any time call for any extract from any
proceedings of any committee and for any return, statement, account or report in connection
with any matter with which any committee has been authorised or directed to deal, every
1993 : Guj. 18] Gujarat Panchayats Act, 1993 35

such requisition, shall without unreasonable delay, be complied with by the committee so
called upon.
(14) Notwithstanding the assignment of any powers, functions and duties of a
panchayat to a committee thereof,—

(a) any person aggrieved by a decision of a committee other than the Social
Justice Committee in such classes of cases as may be prescribed may prefer an appeal to the
panchayat, and

(b) any person aggrieved by the decision of the Social Justice Committee may
prefer an appeal to the Social Justice Committee of the taluka panchayat, within a period of
sixty days from the date of such decision and the panchayat or, as the case may be, the
Social Justice Committee of the taluka panchayat may after giving an opportunity to the
appellant to be heard confirm, modify or reverse the decision appealed against and pass
such order as it may think proper.
93. (1) There shall be held at least two ordinary meetings of the gram Meeting of
sabha every year on such date, at such time and place, as may be prescribed Gram Sabha.
but in no case the intervening period between two ordinary meetings shall be
less than three months :
Provided that the Sarpanch may, at any time on his own motion, and shall, if
required by the taluka panchayat or district panchayat call an extraordinary meeting of the
gram sabha.
(2) Any officer authorised in this behalf by the taluka panchayat or district
panchayat by general or special order shall have the right to speak in, and otherwise to take
part in, the proceedings of a meeting of a gram sabha, but shall not be entitled to vote.
(3) Unless otherwise provided in this Act, the Sarpanch, and in the absence of the
Sarpanch, the Upa-Sarpanch shall preside over every meeting of the gram sabha. In the
absence of the Sarpanch and Upa-Sarpanch, the members of the gram sabha shall elect one
of the members of the panchayat present to preside.
(4) If any dispute arises as to whether a person is entitled to attend a meeting of a
gram sabha, such dispute shall be decided by the person presiding, regard being had to the
entry in the list of voters for the whole of the village or ward thereof, at the case may be,
and his decision shall be final.
94. (1) The first meeting of the gram sabha in every year shall be held Panchayat to
place before
within two months from the commencement of that year, and the village gram sabha
panchayat shall place before, such meeting.-- statement of
accounts, etc.
(i) the annual statement of accounts; and duties of
gram sabha.
(ii) the report on the administration in the preceding financial year;
(iii) the development and other programme of work proposed for
the current financial year ; .
(iv) the last audit note and replies (if any ) made thereto ;
(v) any other matter which the taluka panchayat and district panchayat
requires to be placed before such meeting.
(2) It shall be open to the gram sabha to discuss any or all of the matters placed
before it under sub-section (1) and the panchayat shall consider suggestions, if any, made
by the gram sabha.
(3) A gram sabha shall carry out any other functions as may be prescribed.

95. Save as provided in this Act, the time and place of a meeting of a panchayat or Procedure
a committee thereof, the quorum for such meeting, the procedure for calling such meeting in respect
of meeting.
 36 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

and the procedure at such meeting, shall be such as may be prescribed.

96. All questions before a meeting of a panchayat or committee thereof or of a
Questions
gram sabha shall be decided by a majority of votes of the members present and unless to be
otherwise provided in this Act, the presiding officer of the meeting shall have a second or decided by
casting vote in all cases of equality of votes: majority of
votes.
Provided that in such circumstances and subject to such conditions as may be
prescribed, a decision on any question before a panchayat or committee thereof may be
taken by circulating the propositions therefore for the vote of members.
97. No resolution of a panchayat shall be modified, amended, varied or cancelled by Modification
a panchayat within a period of three months from the date of the passing thereof, except by or
cancellation
a resolution supported by two-thirds of the whole number of members of such panchayat. of resolutions.
Invitees of 98. (1) Notwithstanding anything contained in this Act, it shall be lawful for a
meetings of village panchayat to invite at its meeting not more than two persons.
Panchayat.
(2) An invitee at a meeting of the panchayat shall have the right to speak or
otherwise take part in the proceeding of the meeting but shall not be entitled to vote.

(B) Administrative powers and duties.

Administrati 99. Subject to the provisions of this Act it shall be the duty of each panchayat to
ve powers of make in the area within its jurisdiction, and so far as the fund at its disposal will allow,
Panchayat. reasonable provisions, in regard to all or any of the matters specified in Schedule I.

Other 100. (1) A panchayat may with the previous sanction of the district panchayat, incur
functions of expenditure on education or medical relief outside its jurisdiction if its finances permit.
Panchayat.
(2) A panchayat may also make provision for carrying out in the areas5 within the
limits of its jurisdiction any other work or measure which is likely to promote,—

(a) the health, safety, comfort or convenience,

(b) social, economic or cultural well being, and

(c) education including secondary education of the inhabitants of the areas.

(3) A panchayat may, by resolution passed at its meeting and supported by two
thirds of the whole number of members make provision for any public reception, ceremony
or entertainment in the area within its jurisdiction or may make contribution towards an
annual gathering or such other gathering of panchayats in the district or the State or towards
the fund of any institution which is established with the object of promoting the spirit of
community, self-help and mutual aid among village folk and suggesting ways and means
for the efficient administration of panchayats and which is recognised by the State
Government :

Provided that except with the previous sanction of the panchayat to which it is
subordinate under section 6, the panchayat shall not incur expenditure exceeding one
hundred rupees on any such reception, ceremony, entertainment or gathering.

(4) If in respect of any land it comes to the notice of a panchayat that on account of
the neglect of the occupant or superior holder thereof or dispute between him and his
tenant, the cultivation of the land has seriously suffered the panchayat may bring such fact
to the notice of the competent authority.

(5) A panchayat shall, in regard to the measures for the amelioration of the
condition of Scheduled Castes and Scheduled Tribes and other backward classes, and in
particular, in the removal of untouchability, carry out the directions or orders given or
issued in this regard from time to time by the State Government or the competent authority
and in case the panchayat fails to carry out any direction or order so given or issued, it shall
be lawful for the State Government to withhold the payment to the panchayat of all or any
of the grants payable under Chapter XI after the panchayat has been given a reasonable
opportunity of being heard.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 37

(6) A pachayat shall perform such other duties and functions as are entrusted to it
by or under any other law for the time being in force.

(7) It shall be lawful for a panchayat to render financial or other assistance to any
person for carrying on in the village panchayat any activity which is related to any of the
matters specified in Schedule I.

Power to 101. (1) A village panchayat may compromise in respect of any suit instituted by
compromise. or against it. or in respect of any claim or demand arising out of any contract entered into
by it under this Act, for such sum of money or other compensation as it shall deem
sufficient :

Provided that if any sanction in the making of any contract is required by this Act,
the like previous sanction shall be obtained for compromising any claim or demand arising
out of such contract.

(2) The panchayat may give compensation out of its fund to any person sustaining
any damage by reason of the exercise of any of the powers vested in it and its officers and
servants under this Act.

102. It shall be the duty of every village panchayat to enquire and report in any of Local
the following cases, namely :— inquiry and
reports by
(a) any case where a magistrate has directed that a previous local village
panchayat.
11 of 1974. investigation be made by a village panchayat under section 202 of the Code of Criminal
Procedure, 1973 and the words "such other person" in sub-section (1) of the said section
shall be deemed to include a village panchayat ;

(b) any case in which a magistrate making an inquiry under section 125 of the
11 of 1974. Code of Criminal Procedure. 1973, may require from the village panchayat in whose
jurisdiction either the wife or child for whose maintenance the application is made or the
husband or parents respectively of such wife or child resides, reports as to the amount of
maintenance which, having regard to the circumstances of the parties, should be payable
and such report shall be evidence in such inquiry :

Provided that no member of the village panchayat shall be required to attend as a

witness touching any matter on which the report is itself evidence but the magistrate may, in
his discretion, call for a further report.

103. In the case of any institution managed by a taluka panchayat or district Powers of
panchayat, or of any work to be done out of the fund of a taluka panchayat or district panchayat
to manage
panchayat, the taluka panchayat or, as the case may be, the district panchayat may, if the institutions
village panchayat so agrees entrust to the village panchayat, the management of such or execute
institutions or the execution of such work : work
transferred
Provided that in every such case, the fund necessary for such management or to it by
taluka or
execution shall be placed at the disposal of the panchayat by the taluka panchayat, or district
district panchayat. panchayat..

104. (1) No person shall erect or re-erect or commence to erect or re- erect within Control on
erection of
the limits of the village, any building without the previous permission of the panchayat.
buildings.

(2) Permission shall be presumed to have been granted if the panchayat fails to
communicate its sanction or refusal in respect thereof within one month from the date of
receipt of the application for the permission. In case of refusal, the panchayat shall
communicate to the applicant the reasons thereof, and an appeal shall lie against any such
order of refusal to the taluka panchayat :

Provided that no such appeal shall be entertained if it is made after the expiry of
thirty days from the date on which the refusal is communicated to the applicant.
38 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(3) No person, who becomes entitled under sub-section (1) or (2) to proceed with
any intended work of erection or re-erection shall commence such work after the expiry of
one year from the date on which he became entitled to proceed therewith unless he shall
have again become so entitled by a fresh compliance with the provisions of sub-section (1)
or (2) as the case may be.

(4) Whoever erects or re-erects or commences to erect or re-erect any building

without such permission or in any manner contrary to the provisions of sub-section (1) or
any bye-law in force, or any conditions imposed by the panchayat shall, on conviction be
punished with fine, which may extend to two hundred rupees and in the case of a continuing
contravention, he shall be liable to an additional fine which may extend to twenty rupees for
each day during which such contravention continues after conviction for the first such
contravention.

(5) Without prejudice to the penalty prescribed in sub-section (4) the

panchayat may—
(a) direct that the erection or re-erection be stopped,
(b) by written notice require such erection or re-erection to be altered
or demolished, as it may deem necessary,
And, if the requirement under clause (b) is not complied with within the time fixed
in the notice, the panchayat may cause the alteration or demolition to be carried out by its
officers and all the expenses incurred by the panchayat therefor, shall be recoverable in the
same manner as an amount claimed on account of any tax recoverable under Chapter X:
Provided that when a notice for bringing any action against any direction for the
alternation or demolition of any erection or re-erection issued under this sub-section has
been given under sub-section (2) of section 270, alteration or demolition shall not be
caused to be carried out until the expiry of the period of such notice and a further period of
seven days.
(6) Nothing contained in this section shall apply to any building which is used or
required for public service or for any public purpose, and if the property of the State or
Central Government or any local authority, or is to be erected or re-erected by the State or
Central Government or the local authority but reasonable notice of the proposed
construction shall be caused to be given to the panchayat, and the objections or suggestions
of the panchayat, if any, shall be considered.
Explanation.—The expression "erect" or "re-erect" with reference to a building in
this section includes-
(a) any material alteration, or enlargement of or in any building ;
(b) the conversion by structural alteration into a place for human habitation of
any building not originally constructed for human habitation ;
(c) such alteration of a building as would effect a change in the drainage or
sanitary arrangement or materially affect its security ;
(d) the addition of any rooms, buildings, outhouses, or other structures to any
building ;
(e) the conversion by any structural alteration into a place of religious worship
or into a sacred building of any place or building, not originally meant or
constructed for such purpose;
(f) roofing or covering an open space between walls and building's as regards
the structure which is formed by roofing or covering such space ;
(g) conversion into a stall, shop, warehouse, or godown of any building not
originally constructed for use as such or vice versa ;
(h) construction in a wail adjoining any street or land not vested in the owner of
the wall, of a door opening on such street or land.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 39

Obstruction 105. (1) Whoever, within the limits of a village-

and
encroachment (a) builds or sets up any wall, or any fence, rail, post, stall, verandah, platform,
upon public plinth, step or structure or thing or any other encroachment, or obstruction,
streets and
open sites.
or
(b) deposits, or causes to be placed or deposited, any box, bale, package or
merchandise, or any other thing, or
(c) without written permission given to the owner or occupier of a building by a
panchayat puts up, so as to project from an upper storey thereof any
verandah, balcony, room or other structure or thing,

in or over any public street or place, or in or upon any open drain, gutter, sewer or aqueduct
in such street or place, or contravenes any conditions subject to which any permission as
aforesaid is given or the provisions of any bye-law made in relation to any such projections
or cultivates or makes any unauthorised use of any grazing land, not being private property,
shall on conviction, be punished with fine, and with further fine which may extend to
twenty five rupees for each day on which such obstruction, deposit, projection, cultivation
or unauthorised use continues after the date of first conviction for such offence.

(2) The panchayat may remove any such obstruction or encroachment and remove
any crop unauthorisedly cultivated, on grazing land or any other land not being private
property, and may remove any unauthorised obstruction or encroachment of the like nature
in any open site not being private property, whether such site is vested in the panchayat or
not :

Provided that if the site be vested in the State Government, the permission of the
Collector or any officer authorised by him in this behalf, shall have first been obtained the
expenses of such removal shall be paid by the person who has caused the said obstruction
or encroachment and shall be recoverable under Chapter X:

Provided further that when before the removal of any such encroachment or
projection a notice for bringing action in that behalf has been given under sub-section (2) of
section 270, no action for the removal of the encroachment or projection shall be taken until
the expiry of the period of such notice and further period of seven days.

(3) Nothing in sub-section (2) shall prevent the panchayat from permitting any
construction referred to in clause (a) or clause (c) of sub-section (1) to stand on such terms
and conditions as may be prescribed.

(4) The power under sub-section (2) may be exercised in respect of any obstruction,
encroachment, or projection referred to therein whether or not such obstruction,
encroachment, or projection has been made before or after the village is specified as such
under clause (g) of article 243 of the Constitution or before or after the property is vested
in the panchayat,

(5) Whoever not being duly authorised in that behalf removes earth, sand or other
material from, or makes any encroachment in or upon any open site which is not private
property, shall, on conviction, be punished with fine and, in the case of an encroachment,
with further fine which may extend to twenty five rupees for every day on which the
encroachment continues after the date of first conviction.

(6) Nothing contained in this section shall prevent the panchayat from allowing
any temporary occupation of or erection in, any public street on, occasions of festivals and
ceremonies, of the piling of fuel in by-lanes and sites for not more than seven days, and in
such manner as not to inconvenience the public or any individual or from allowing any
temporary erection on or putting projection over, or temporary occupation of, any such
public street or place, or any other purpose in accordance with the bye-laws made under
this Act.
 40 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(7) Where the panchayat finds it difficult to remove any obstruction or

encroachment or any crop unauthorisedly cultivated on grazing lands as referred to in sub-
section (2), it shall inform the Taluka Development Officer accordingly and the Taluka
Development Officer shall on receipt of such information exercise the powers of the
panchayat under sub-section (2) and take action to remove the obstruction, encroachment
or, as the case may be, the crop.

(8) The Taluka Development Officer may, take action referred to in sub-section (7)
suo-motu or whenever it is reported to him that though the panchayat was moved to take
action under sub-section (2) it has not taken any action for three months:

Provided that before taking action suo motu he shall direct the village panchayat to
take action and if the panchayat fails to do so within a specified time, the Taluka
Development Officer may thereafter take action.

Numbering 106. (1) The panchayat may, from time to time by written notice, require the owner
of Premises. of any premises or part thereof, either to put up, by means of a metal plate a number or sub-
number on such premises, or part thereof in such position and manner as may be specified
in such notice, or to signify in writing his desire that such work shall be executed under the
orders of the panchayat.
(2) Any person who destroys, pulls down or defaces any such number or sub-
number or puts any number or sub-number different from that put up by order of the
panchayat and any owner of any premises or part thereof, who does not at his own expense
keep such number or sub-number in good order after it has been put up thereon, shall on
conviction, be punished with fine w7hich may extend to one hundred rupees.
(3) Where a number or sub-number is put upon any premises or part thereof,
under the orders of the panchayat in accordance with sub-section (1), the expenses of such
work shall be payable by the owner of such premises or part thereof, as the case may be.
(4) In this section ''premises" means a house, outhouse, stable, shed, hut or
other structure whether of masonry, bricks, wood, mud, metal or any other material
whatsoever whether used as a human dwelling or otherwise.
Powers of 107. (1) Where any premises in any village are, in the opinion of the Taluka
taluka
Development
Development Officer, without adequate and suitable water closet or privy accommodation
Officer to in accordance with the rules or bye-laws made under this Act in that behalf, the Taluka
require owner Development Officer, may, by written notice, require the owner of such premises to
to provide water provide such water or privy accommodation in accordance with the rules or bye-laws made
closet or privy
accommodation.
under this Act in that behalf, within such time as may be specified in such notice and if the
owner fails to comply with such requirement, within the time so specified or within such
time as may, on the application of the owner, be extended by the Taluka Development
Officer for any reasonable cause, it shall be lawful for the Taluka Development Officer to
make such provision from the taluka fund and where such fund is inadequate, with the
permission of the district panchayat, from the District Development Fund. The expenses
incurred by the Taluka Development Officer, in making such provision shall, on demand by
the Taluka Development officer, be payable by the owner and if not paid by him on demand
such expenses shall be recoverable by the Taluka Development Officer in accordance with
provisions of section 215.
(2) Notwithstanding anything contained in sub-section (j), where the owner of
any premises fails to comply with such requirement within the period specified under sub-
section(1), the Taluka Development Officer may, in a case where the owner is not himself
the occupier of such premises, permit the occupier of such premises to make provision for
such water-closet or privy accommodation at the cost of the owner if the occupier is willing
to do so instead of the Taluka Development Officer himself making such provision. Any
such occupier who makes such provision shall, after obtaining the necessary certificate
from the Taluka Development officer about such provision having been made by him in
making such provision and the reasonableness of such expenses, be entitled to deduct, such
amount of expenses as is certified by the Taluka Development Officer to be reasonable
from the rent or any other sum payable by him to the owner or to recover, such amount
from the owner in any other lawful manner.
(3) For the purpose of making the provision specified in sub-section (i), the
Taluka Development Officer shall have power to do all acts necessary for that purpose and
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 41

the Panchayat or the Taluka Development Officer shall not be liable to pay any
compensation to the owner of the premises for any reasonable damage done to the
premises in making such provision.
(4) Where any water-closet or privy accommodation is provided or set up by
the Taluka Development Officer under sub-section (1) and the expenses incurred by the
Taluka Development Officer in doing so are paid by, or recovered from the owner in full,
such water-closet or privy accommodation shall belong to the owner of the premises and
the owner shall be responsible for the expenses of maintaining it in good repairs and
efficient condition.
(5) The provision as aforesaid made under sub-section (1) or sub-section (2) Bom. LVII
shall not be deemed to be a permanent structure for the purpose of clause (b) of sub-section of 1947.
(1) of section 13 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
Explanation.—For the purposes of this section, "water closet" means a closet used
as a privy in which discharge are pushed in or carried off by water, and includes an acqua
privy, gas plant, latrine attached with gas plant, a closet of type known as P. R. A. I.
(Planning Research Action Institute) type, septic tank type, band flush type, bore hole type,
clap trap type or any other type which the State Government may, by notification in the
Official Gazette, specify.
(C) Property and Funds :
108. (1) For the purpose of this Act, the State Government may subject to such Government
conditions and restrictions as it may think fit to impose, vest in a panchayat open sites, may vest
certain
waste, vacant or grazing lands or public roads, streets, bridges, ditches, dikes and fences, lands in
wells, river-beds, tanks, streams, lakes, nallas, canals, water-courses, trees or any other panchayat.
property in the village vesting in the Government.
(2) Subject to any conditions and restrictions imposed by the State Gove
rnment under sub-section (7) and with the previous sanction of the Collector,
a panchayat may discontinue or stop up any such public road or street vested
in it by the State Government, but which is no longer required as public road or street and
may lease or sell any such land therefore used for the purposes of such public road or street :
Provided that one month before it is decided to stop up or discontinue such public
road or street, the Sarpanch shall, by notice signed by him and affixed in the part of the
public road or street which is proposed to be discontinued or stopped up, and published in
such other manner as is prescribed, inform the residents of the village of the said proposal
and consider any objections in writing made thereto. The notice shall indicate the
alternative route, if any, which it is proposed to provide or which may already be in
existence.
(3) Whenever any public road or street or any part thereof has been so
discontinued or stopped up, reasonable compensation shall be paid to every person who
was entitled to use such road or street or part thereof, otherwise than as a mere member of
Bom. LV of the public, as a means of access to or from his property and has suffered damage from such
1955. discontinuance c" stopping up, and the provisions in the Bombay Highways Act, 1955 in
relation to the assessment, apportionment, and payment of compensation shall, mutatis
mutandis, apply thereto as they apply in relation to the closure of a highway under section
52 of that Act.
(4) Where any open site or waste, vacant or grazing land vesting in Government,
has been vested by Government in a panchayat whether before or after the commencement
of this Act, then it shall be lawful for the State Government to resume at any time such site
or land, if it is required by it for any public purpose :
Provided that in case of any improvement of such site or land made by the
panchayat or any other person, the panchayat or person, as the case may be, shall be
I of 1894.
entitled to compensation equal to the value of such improvement and such value shall be
determined in accordance with the provisions of the Land Acquisition Act, 1894.
IV of 1882. 109.(1) A taluka panchayat or the district panchayat may from time to time direct Other
XVI of 1908. property
of village
panchayat.
 42 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

that any property vesting in it shall vest in a village panchayat and thereupon
notwithstanding anything contained in the Transfer of Property Act, 1882, or the Indian
Registration Act, 1908, such property shall vest in the village panchayat.
(2) Every work constructed by a panchayat out of its fund, or with Government
assistance or people's participation shall vest in the panchayat.
110. (1) Subject to the provisions of sub-section (2) no lease, sale or other transfer Limitation
of any immovable property vesting in, or acquired by a panchayat shall be valid unless on power of
panchayat
such lease, sale or other transfer has been made with the previous sanction of the competent to transfer
authority. immovable
property.
(2) In the case of a lease of immovable property other than the property vesting in
the panchayat under section 108, no such previous sanction shall be necessary, if the period
of lease does not exceed three years.

Village Fund. 111. (1) There shall be in each village a fund to be called the village fund.

(2) The following shall be paid into and form part of the fund, namely:-

(a) the proceeds of any tax or fee imposed by or assigned to the panchayat
under this Act ;

(b) all sums ordered by a court to be paid as compensation ;

(c) all other sums ordered by a court to be placed at the credit of the village
fund ;

(d) the sale proceeds of all dust, dirt, dung, refuse, or carcasses of animals,
except in so far as any person is entitled to the whole or a portion thereof ;

(e) sums contributed to the fund by the State Government or the taluka
panchayat or the district panchayat ;

(f) all sums received by way of loans from the State Government or the
taluka panchayat or the district panchayat or out of the District
Development Fund or otherwise ;

(g) all sums received by the panchayat by way of gift or contribution ;

(h) the income or proceeds of any property vesting in the panchayat;

(i) the net proceeds (after deducting the expenses of assessment and
collection, of the cess authorised by section 203;

(j) all sums, realised by way of rent or penalty otherwise than as the amount
of any fine in a criminal case ;

(k) all sums realised as pound fees after deducting the expenses.

Application 112. (1) All property vested in a panchayat under this Act, and all funds received by
of Fund. it in accordance with the provisions of this Act, and all sums accruing to it under the
provisions of any law for the time being in force, shall be applied subject to the provisions
and for the purposes of this Act and all such funds and sums shall be kept in such custody
as may be prescribed.

(2) Any surplus funds in the hands of a panchayat which may not be required for
current charges, may be invested in such manner as may be prescribed.

(3) in the case of any loan taken by a panchayat, the payment of the principal or
instalment thereof and the payment of interest thereon shall be a first charge on its fund.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 43

113. (1) In any revenue village where any property or any right in or over any
Decision on
claims to property is claimed by or on behalf of the panchayat or by any person against the
property by panchayat, it shall be lawful for the Collector, after formal enquiry of which due notice has
or against been given, to pass an order deciding the claim.
village
panchayat.
(2) Any suit instituted in any Civil Court after the expiration of one year from the
date of the communication of any order passed by the Collector under sub-section (1), or if Bom. V of
one or more appeals have been made against such order within the period of limitation, then 1879.
from the date of communication of any order passed by the final appellate authority as
determined according to section 204 of the Bombay Land Revenue Code,

shall be dismissed (although limitation has not been set up as a defence) if the suit is
brought to set aside, such order or if the relief claimed is inconsistent with such order,
provided that the plaintiff has received due notice of such order.

(3) (a) The powers conferred by this section on the Collector may be exercised
also by an Assistant or Deputy Collector or by a Survey Officer or such
other officer appointed under the said Code.
(b) The formal inquiry referred to in this section shall be conducted in
accordance with the provisions relating to such enquiry under the said
Code.
(c) A person shall be deemed to have had due notice of any inquiry or order
under this section if notice thereof has been given in the prescribed manner.
(D) Officers and servants of panchayats
114. (1) Subject to the provisions of this Act and the rules made there under— Secretary
and
(a) there shall be a Secretary for every village panchayat who shall be servants of
appointed in accordance with the rules ; panchayats.

(b) a village panchayat shall have such other servants as may be determined
under section 227. Such servant shall be appointed by such authority and
their conditions of service shall be such as may be prescribed:
Provided that the State Government having regard to the population of a village and
income of the panchayat thereof may direct in respect of a group of village panchayats that
such group shall have one Secretary and thereupon there shall be one Secretary for that
group.
(2) A Secretary of a village panchayat shall subject to the control of the Sarpanch-
(a) keep in his custody the records and registers of the panchayat,
(b) issue receipts under his signature for sums of money received by him on
behalf of the panchayat,
(c) prepare all statements and reports required under this Act, and
(d) perform such other functions and duties under this Act as may be
prescribed.
(3) The other servants of the panchayat shall perform such functions and duties and
exercise such powers under this Act as may be imposed or conferred on them by
the panchayat, subject to rules, if any, made in this behalf.
(E) Contribution to District Development Fund.
115. Every village panchayat shall contribute every year to the District Development Contribution
Fund constituted under section 223 a sum equal to such percentage not exceeding ten to District
Development
percent of its income from such sources as may be prescribed: Fund.
Provided that where any village panchayat fails in any year to make a contribution
 44 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

under this section, it shall be lawful for the State Government to deduct such amount from
the grant payable to the panchayat under section 219 in the next succeeding year as may be
sufficient to make the contribution and credit the same to the District Development Fund
on behalf of the village panchayat.
(F) Budget Estimates
116. (1) Every village panchayat shall have prepared annualy on or before the 15th Annual
December of the current year of such date not later than 31st December of the current year Budget
as may be approved by the taluka Panchayat, in such form and manner as may be Estimates.
prescribed in this behalf a budget estimate of its income and expenditure for the next year
and forward the budget estimate to the taluka panchayat on or before—
(a) the 31st December of the current year where the budget estimate is prepared
on or before the 15th December of the Current year, or
(b) the 15th January of the current year where the budget estimate is prepared
on or before the approved date:
Provided that the budget estimate shall be so prepared that at the end of the year the
panchayat shall have at its credit a balance of not less than such minimum amount as may
be prescribed in that behalf.
(2) The taluka panchayat shall scrutinize the budget estimates and return to the
panchayat within two months of its receipt with such observations and recommendations as
it may make in respect of the budget estimate.
(3) The panchayat shall thereupon approve the budget estimate on or before the
31st March of the current year with such modifications as it may think fit having regard to
the observations and recommendations made by the taluka panchayat under sub-
section (2).
(4) Where any village panchayat has failed to comply with the provisions of sub-
section (3), it shall be lawful for the State Government to form an opinion that the
panchayat is incompetent to perform the duties imposed on it or functions entrusted to it
under the provisions of this Act.
Explanation.-A village panchayat shall not be deemed to have failed to comply with
the provisions of sub-section (3), if such failure has resulted on account of non-compliance
by the taluka panchayat of provisions of sub-section (2).
Revised or
117. (i) A taluka panchayat may at any time during the year for which any budget
supplemen estimate has been approved cause a revised or supplementary budget estimate to be
tary prepared. Every such revised or supplementary budget shall be considered and approved by
budget of the panchayat in the same manner as if it were an original annual budget estimate :
reappro-
priation of Provided that the taluka panchayat shall scrutinise the budget and return to the
funds. panchayat within one month of its receipt.
(2) Reappropriation of fund in a budget estimate may be made from time to time
subject to the same approval as is required for the budget estimates.
Except in 118. (1) Save in the case of a pressing emergency, no sum shall be expended by or on
emergency behalf of a village panchayat unless such sum is included in some budget estimate
no sum to
be approved under section 116 or 117 and in force at the time of incurring the expenditure.
expended
unless it (2) If on a pressing emergency, any sum is expended otherwise than in accordance
has been with sub-section (1), the circumstances shall be forthwith communicated in writing to the
included in
budget
taluka panchayat, with an explanation of the way in which it is proposed by the panchayat
estimates. to cover such extra expenditure.
Accounts 119. Accounts of the income and expenditure of every panchayat shall be kept in
of income such form and manner as may be prescribed and shall be balanced annually on the 1st day
and
Expenditure.
of every year.
Annual 120. (1) The Secretary of every panchayat shall prepare the annual report of the
administra- administration of the panchayat and shall place the accounts and report for approval before
tion report. the panchayat.
(2) The annual statement of the accounts together with the annual report shall be sent
to the district panchayat through the taluka panchayat on or before such date and in such
form as may be prescribed.
(G) Audit of the accounts of village panchayats
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 45

Audit of 121. (1) The audit of the accounts of a panchayat shall, be carried out
Guj. XLIX
Accounts of under the provisions of the Gujarat Local Fund Audit Act, 1963 and a copy of the audit
of 1963.
panchayat. note shall be forwarded to the panchayat and to the taluka panchayat within one month of
the completion of the audit.
1
[(1A) Notwithstanding anything contained in sub-section (1), the state Government
shall entrust the Comptroller and Auditor General of India the technical guidance and
supervision over the audit of the village panchayat.
Guj. XLIX (1B) The Sate Government shall cause the audit report under the Gujarat Local Fund
of 1963. Audit Act, 1963 referred to in sub-section (1) alongwith the report of the Comptroller and
Auditor General of India on technical guidance and supervision as referred to in sub-
section (1A), to be laid before the State Legislature.]
(2) On receipt of the audit note referred to in sub-section (1) the panchayat shall,
either remedy any defects or irregularities which may have been pointed out in the audit
note and send to the taluka panchayat within three months an intimation of its having
done so, or shall, within the said period supply any further explanation in regard to such
defects or irregularities as it may wish to give.
1. Sub-sections (1A) and (1B) were inserted by Guj. 21 of 2011, S.11.

(3) On receipt of such intimation or explanation, the taluka panchayat may, in

respect of all or any of the matters discussed in the audit note, —
(a) accept the intimation or explanation given by the panchayat and recommend
to the Collector to withdraw the objection,
(b) direct that the matter be investigated at the next audit or at any earlier date,
or
(c) hold that the defects or irregularities pointed out in the audit note or any of
them have not been removed or remedied,

(4) The taluka panchayat shall send a report of its decision to the Collector within
one month of the elate of receipt by it of the intimation or explanation referred to in sub-
section (2), or in the event of the panchayat failing to give such intimation or explanation on
the expiry of the period of three months referred to in the said sub-section (2), and shall
forward a copy of such report to the panchayat. If the taluka panchayat holds that any
defects or irregularities have not been removed or remedied, it shall state in the report
whether in its opinion the defects or irregularities can be regularised and if so by what
method and if they do not admit of being regularised, whether they can be condoned, and if
so, by what authority. The taluka panchayat shall also state whether the amounts to which
the defects or irregularities relate should in its opinion be surcharged as hereinafter
provided.

(5) The Collector may, after considering the report of the taluka panchayat and
after making such further enquiry as he considers necessary disallow any item which
appears to him contrary to law and surcharge the same on the person making or authorising
the making of the illegal payment, and

(a) if the person on whom the surcharge is made be a member, proceed against him
in the manner described in sub-sections (2) and (3) of section 267 ; and
(b) If the person on whom the surcharge is made is not a member, then after taking
his explanation direct by order in writing that such person shall pay to the panchayat the
amount surcharged, and if the amount be not so paid within one month, the Collector shall
recover it as an arrears of land revenue and credit it to the village fund.

(6) Any person aggrieved by any order of surcharge made by the Collector under
this section may, within one month from the receipt by him of the decision of the Collector,
apply to the District Court to modify or set aside such order and that court after taking such
evidence as it thinks necessary, may confirm, modify or remit such surcharge and make
such order as to costs as it thinks proper in the circumstances.
46 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(7) The taluka panchayat may by order in writing direct that all or any of its
functions under sub-sections (3) and (4) may also be performed by one of its committees.

PART-II
Provisions relating to Taluka Panchayats
(A) Conduct of business
122. The meeting of a taluka panchayat shall be held normally every three months : Annual
Budget
Provided that the President for any specified reason may, and upon the written Estimates.
request of not less than one-third of the members shall, call the meeting of the taluka
panchayat at any other time;
123.(1) A taluka panchayat shall constitute the following committees, Taluka
Panchayat
namely :- committees,
their
constitution ,
powers,
functions and
duties.
(i) An Executive Committee, for exercising such powers and performing such
functions and duties of the taluka panchayat (not being func 4 tion pertaining to its
Social Justice Committee,) as the taluka panchayat may assign to it :

Provided that it shall be lawful for the Executive Committee to appoint not more
than two sub-committees from amongst its members but the sub-committee so appointed
shall not be competent to take any final decision on any matter.

(ii) A Social Justice Committee for performing such functions as are

considered essential for securing social justice to the weaker sections of the society
including persons belonging to the Scheduled Castes and the Scheduled Tribes as
may be prescribed.

(2) In addition to the committees referred to in sub-section (1), a taluka panchayat

may, with the previous approval of the State Government constitute a committee or
committees consisting of such number of members of the panchayat as the panchayat may
determine, to execute any work or scheme decided upon by the taluka panchayat or to
inquire into the report to the taluka panchayat on matters which the panchayat may refer to
such committee or committees. The taluka panchayat may make regulations for the pro-
cedure to be followed by and such committee.

(3) No committee other than the Executive Committee shall consist of more than
five members and the Executive Committee shall consist of not more than nine members.

(4) The constitution of the Social Justice Committee shall, subject to sub-section
(3), be such as may be prescribed.

(5) The members of a Committee constituted under this section shall be elected by
the panchayat from amongst its members :

Provided that the taluka panchayat may appoint, in accordance with any rules made
in this behalf, any of the qualified voters of the taluka on a committee mentioned in sub-
section (2) or sub-section (4) and the qualified voters so appointed shall have the right to
speak or otherwise to take part in the proceedings of a meeting of the committee but shall
not, except in the case of a committee mentioned in sub-section (4), be entitled to vote.

(6) Where any committee is constituted under this section, the members
of the committee shall elect from amongst themselves the Chairman of the
committee :

Provided that—

(a) Where the President and Vice-President both are members of any such
committee, the President shall be the ex-officio chairman of such committee and if he
declines to hold the office, the Vice-President shall be the ex-officio Chairman of the
1993 : Guj. 18] Gujarat Panchayats Act, 1993 47

Committee, unless he also declines to hold the office,

(b) where only one of them is a member thereof he shall be the ex-officio Chairman
of the committee, unless he declines to hold the office, and

(c) a person who is not a member of the panchayat shall not be eligible to be the
Chairman of any committee.

(7) (a) No member of the panchayat shall be a member of more than two committees
constituted under this section,

(b) If any member is simultaneously or otherwise elected as a member of more

than two committees, the member shall, within ten days from the date or the later of the
dates on which he is so elected, intimate to the President, two of the committees in which
he wishes to serve and thereupon his seat in the committee or committees other than the
aforesaid two committees shall become vacant,

(c) Any intimation given under clause (b) shall be final and irrevocable,

(d) Where a member commits default in giving intimation under clause (b), within
the period prescribed therein, the panchayat shall determine the two
committees in which such member shall retain his seat and thereupon his seat
in the committee or committees other than the committees so determined, shall
become vacant.
(8) A member once elected to a committee, shall be eligible for re-election.
(9) (a) The term of each of the committees other than the Executive Committee
and the Social Justice Committees shall be for such period not exceeding one
year as may be determined by the panchayat.
(b) The term of the Executive Committee shall be two years and on the
expiry of its term, the committee shall be reconstituted and the term of the
Social Justice Committee shall be co-extensive with the duration of the
panchayat :
Provided that where the unexpired part of the duration of the panchayat, during
which the Executive Committee is constituted, or reconstituted is less than two years,
the term of the Executive Committee shall be co-extensive with the unexpired part of
the duration of the panchayat.
(10) A member or Chairman may resign from membership or Chairmanship of a
Committee by tendering his resignation to the taluka panchayat.
(11) Any vacancy occuring in a committee shall be filed in as soon as possible.
(12) The Committee constituted under this section shall, in the performance of
their functions, exercise such powers and discharge such duties of the taluka panchayat as
may be assigned to them by the panchayat.
(13) A taluka panchayat may, at any time withdraw from any committee other
than the Social Justice Committee, any of the powers, functions and duties assigned to it
and assign the same to any other committee other than the Social Justice Committee.
(14) Such of the powers, functions and duties of the panchayat as are not assigned
to any committee shall be exercised and performed by the taluka panchayat.
(15) A committee shall conform to any instructions that may, from time to time, be
given to it by the panchayat.
The panchayat may at any time, call for any extract from any proceedings of any
committee and for any return, statement, account or report in connection has been
authorised or directed to deal.
Every such requisition, shall without unreasonable delay, be complied with by the
 48 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

committee so called upon.

(16) Notwithstanding the assignment of any powers, functions and duties of
panchayat to a committee thereof-
(a) any person aggrieved by the decision of a committee other than the Social
Justice Committee in such classes of cases as may be prescribed may prefer an
appeal to the panchayat, and
(b) any person aggrieved by the decision of the Social Justice Committee (not
being a decision in appeal) may prefer an appeal to the Social Justice
Committee of the district panchayat, within a period of sixty days from the
date of such decision and the panchayat, or, as the case may be, the Social
Justice Committee, may, after giving an opportunity to the appellant to be
heard confirm, modify or reverse the decision appealed against and pass such
order as it may think proper.
124. The Chairman of the Social Justice Committee of a taluka panchayat shall be Honorarium
entitled to an honorarium at such rate as may be prescribed. to Chairman
of social
justice
Committee.
Travelling 125. The members of any committee of a taluka panchayat constituted under
allowance
to members section 123 who are not the members of such panchayat, shall be entitled to travelling
of allowance while touring for the purpose of attending a meeting of the committee or any
committee business relating to the committee at such rates and subject to such conditions as may be
who are not determined by rules made either prospectively or retrospectively.
members of
a taluka
panchayat.
Procedure 126 Save as provided in this Act, the time and place of a meeting of a taluka
in respect panchayat or committee thereof, the quorum for such meeting, the procedure for calling
of
meetings. such meeting and the procedure at such meeting, shall be such as may be prescribed.

Questions 127. All questions before a meeting of a taluka panchayat or committee thereof,
to be shall be decided by majority of votes of the members present and unless otherwise
decided by provided in this Act, the presiding officer of the meeting shall have a second or casting vote
majority
of votes. in all cases of equality of votes :
Provided that in such circumstances and subject to such conditions as may be
prescribed, a decision on any question before a cpmrnittge may be taken by circulating the
propositions therefor for the votes of members.
Modifica
tion or
128. No resolution of a taluka panchayat shall be modified, amended, varied or
cancellation cancelled by a panchayat within a period of three months from the date of the passing
of thereof, except by a resolution supported by two-thirds of the total number of members of
resolutions. such panchayat.
Invitees at 129. (1) Notwithstanding anything contained in this Act, it shall be lawful for a
meetings of taluka panchayat or any of its committees, to invite at its meeting, not more than four
taluka
panchayat experts or specialists in the subject matter under consideration at the meeting out of
and its persons, who, in the opinion 6f such panchayat or, as the case may be, committee-
committees.
(a) have a degree in engineering, medicine, commerce or such other subject of
any University established by law in India and experience of not less than
five years in the field of activity pertaining to the subject, and
(b) are not disqualified to be members of the panchayat under any of the clauses
(f), (g) and (h) of section 30.
(2) An invitee at a meeting of the panchayat or its committee, shall have the right
to speak or otherwise take part in the proceedings of the meeting but shall not be entitled to
vote.
(B) Administrative Powers and, Duties
Administra- 130. Subject to the provisions of this Act, it shall be the duty of each taluka
tive powers panchayat to make in the area within its jurisdiction and so far as the fund at its disposal
of
panchayats.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 49

will allow, reasonable provision in regard to all or any of the matter specified in
Schedule II.
Other 131. (1) A taluka panchayat may, with the previous sanction of the district
functions panchayat, incur expenditure on education or medical relief outside its jurisdiction, if its
of finances permit.
panchayat.
(2) A taluka panchayat may, subject to rules, grant loans to panchayats
subordinate to it, for the purposes of this Act.
(3) A taluka panchayat may also make provision for carrying out in the taluka any
other work, measure, scheme or project which is likely to promote ;
(a) the health, safety, comfort or convenience,
(b) social, economic or cultural well-being, and
(c) education including secondary education of the inhabitants of the
taluka or part thereof.
(4) A taluka panchayat may, by resolution passed at its meeting and
supported by two-thirds of the whole number of members, make.

provision for any public reception, ceremony or entertainment within the taluka or may
make contribution towards an annual gathering or such other gathering of panchayats
in the district or the State or towards the fund of any institution which is established
with the object of promoting the spirit of community, self-help and mutual aid among
village folk and suggesting ways and means for the efficient administration of
panchayats and which is recognised by the State Government :

Provided that except with the previous sanction of the district panchayat, the
panchayat shall not incur expenditure exceeding two hundred rupees on any such
reception, ceremony, entertainment or gathering.

(5) If in respect of any land it comes to the notice of a taluka panchayat, that, on
account of the neglect of the occupant or superior holder thereof or dispute
between him and his tenant, the cultivation of the land has seriously suffered, the
panchayat may bring such fact to the notice of the competent authority.

(6) A taluka panchayat shall, in regard to the measures of amelioration of the

condition of Scheduled Castes and Scheduled Tribes and other backward classes,
and, in particular, in the removal of untouchability, carry out the directions or
orders given or issued in this regard from time to time by the State Government or
the competent authority.

(7) A taluka panchayat shall perform such other duties and functions as are entrusted
to it by or under any other law for the time being in force .

(8) It shall be lawful for a taluka panchayat to render financial or other assistance
to any person for carrying on in the taluka any activity which is related to any of
the matters specified in Schedule II.

(9) (a) A taluka panchayat may compromise in respect of any suit instituted by or
against it or in respect of any claim or demand arising out of any contract entered
into by it under this Act, for such sum of money or other compensation as it shall
deem sufficient :

Provided that, if any sanction in the making of any contract is required by this Act,
the like previous sanction shall be obtained for compromising any claim or demand arising
out of such contract.

(b) The panchayat may make compensation out of its funds to any person sustaining
 50 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

any damage by reason of the exercise of any of the powers vested in it and its officers and
servants under this Act.

132. In the case of any institution managed by a district panchayat or of any work to Entrustment
be done out of the fund of a district panchayat, the district panchayat may, if the taluka of work, etc.
to taluka
panchayat so agrees, entrust to the taluka panchayat the management of such institution panchayat by
or the execution of such work, district
panchayat.
(C) PROPERTY AND FUND

133. (i) In addition to the movable or immovable property acquired by Property

of taluka
a taluka panchayat, the following shall vest in the taluka panchayat, namely :- panchayat

(a) every road, building or other work constructed by a taluka panchayat out of
the taluka fund with or without the Government assistance or people's participation;

(b) any land or property vesting in the State Government when transferred to a
taluka panchayat by the State Government for local public purposes;

(c) any land or property which vesting in any other panchayat when vested in
the taluka panchayat by that panchayat for the purpose of this Act :

Provided that any land or property transferred to a taluka panchayat under clause
(b) shall not, unless otherwise expressly provided in the instrument of transfer,
belong by right of ownership to the panchayat but shall vest in it, subject to the terms
and conditions of the transfer and in the circumstances specified in such terms or
conditions, the land or property with all things, If any, attached thereto including all
fixtures and structures thereon shall revest in the State Government and it shall be
lawful for the State Government to resume possession thereof.

(2) Notwithstanding that any immovable property vest in taluka panchayat, no

lease, sale or other transfer thereof shall be valid unless it has been made with the previous
sanction of the competent authority:

Provided that in the case of a lease of immovable property other than the property
referred to in clause (b) of sub-section (1), on such previous sanction shall be necessary if
the period of lease does not exceed three years.

Taluka 134. (1) There shall be in each taluka fund which shall be called a taluka fund.
Fund.

(2) The following shall be paid into form part of the taluka fund, namely:-

(a) the proceeds of any tax or fee imposed by or assigned to the panchayat
under this Act ;

(b) the sale proceeds of all dust, dirt, dung, refuse or carcasses of animals,
except in so far as any person is entitled to the whole or portion thereof ;

(c) sums contributed to the taluka fund by the State Government or the
district panchayat ;

(d) all sums received by way of loans from the State Government or the
district panchayat or otherwise;

(e) all sums received by way of gift or contributions by the taluka panchayat;

(f) the income or proceeds of any property vesting in the taluka

panchayat ;

(g) the net proceeds (after deducting the expenses of assessment and
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 51

collection ) of the stamp duty authorised by section 207 ;

(h) all sums realised by way of rent or penalty otherwise than as the
amount of any fine in a criminal case.

Application of 135. (1) All property vested in taluka panchayat under this Act, and all funds
taluka fund.
received by it in accordance with the provisions of this Act, and sums accruing to it under
provisions of any law for the time being in force, shall be applied subject to the provisions
and for the purposes of this Act and all such sums and funds shall be kept in such custody
as may be prescribed.

(2) Any surplus funds in the hands of a panchayat which may not be required for
current charges, may be invested in such manner as may be prescribed.

(3) In the case of any loan taken by a panchayat, the payment of the principal or
instalment thereof and the payment of the interest thereon shall be a first charge on its fund.

(D) OFFICERS AND SERVANTS

136. (1) Subject to the provisions of this Act and the rules made thereunder- Secretary
officers and
(a) there shall be a Secretary for every taluka panchayat, servants of
taluka
(b) the Taluka Development Officer who shall be an officer belonging to the State panchayats.
Service and posted under the panchayat, shall be the ex-officio Secretary of the panchayat,

(c) a taluka panchayat shall have such other officers and servants as may be
determined under section 227.

(2) The officers and servants referred to in clause (c) of sub-section (1), shall be
appointed by such authority and their conditions of service shall be such as may by
prescribed.

(3) The officers and servants appointed under sub-section (2), shall, in the
discharge of their functions and duties, exercise such powers as may be conferred on them
by the panchayat, subject to rules, if any, made in this behalf.

137. (i) Save as otherwise expressly provided by or under this Act, the executive Powers and
power of a taluka panchayat for the purpose of carrying out the provisions of this Act, shall functions of
Taluka
vest in the Taluka Development Officer who shall subject to the orders, if any, of the Development
President or of the taluka panchayat, as the case may be ; Officer.

(a) perform all the functions and exercise all the powers specifically imposed or
conferred upon him by or under this Act, or under any law for the time being in force ; and

(b) lay down the duties of all officers and servants of the taluka panchayat.

(2) Subject to the provisions of this Act and the rules made thereunder the Taluka
Development Officer shall-

(a) be entitled to-

(i) attend the meetings of the taluka panchayat, or any of its

committees ;

(ii) call for any information, return, statement, account or report from any
officer or servant of or holding office under the taluka panchayat;
 52 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(iii) grant leave of absence for a period not exceeding two months to such
class of officers as may be prescribed by rules;

(iv) call for an explanation from any officer or servant of or holding office
under the taluka panchayat,

(b) subject to the control of the taluka panchayat, discharge duties and perform
functions, in respect of matters which by or under this Act, are not expressly imposed
or conferred on any committee, presiding officer or any officer of the taluka
panchayat ;

(c) appoint such class of officers and servants as may be prescribed ;

(d) supervise and control the execution of all activities of the taluka

panchayat;

(e) take necessary measures for the speedy execution of all works and
development schemes of the taluka panchayat ;

(f) have custody of all papers and documents connected with the proceedings
of meetings of the taluka panchayat and of its committees;

(g) assess and give his opinion confidentially every year on the work of the
officers holding office under the taluka panchayat; forward them to such
authorities as may be prescribed by the State Government and lay down the
procedure for writing such reports about the work of officers and servants
under the taluka panchayat;

(h) draw and disburse money out of the fund;

(i) exercise supervision and control over the acts of officers and servants
holding office under the taluka panchayat in matters of executive
administration and those relating to accounts and records of the taluka
panchayat ;and

(j) exercise such other powers and perform such other functions as may be
prescribed by the State Government.

(3) Subject to the other provisions of this Act, the Taluka Development Officer
shall be under the general control of the taluka panchayat.

(E) BUDGET ESTIMATES

Annual 138. (1) Every taluka panchayat shall have prepared annually on or before the 15th
Budget December of the current year or such date not later than 31st December of the current year
estimate
as may be approved by the District Panchayat, in such form and manner as may be
prescribed in this behalf a budget estimate of its income and expenditure for the next year
and forward it to the district panchayat on or before—

(a) the 31st December of the current year where the budget estimate is
prepared on or before the 15th December of the current year, or

(b) the 15th January of the current year the budget estimate is prepared after
the 15th December of the current year but on or before the said approved date :

Provided that the budget estimate shall be so prepared that at the end of the year the
panchayat shall have at its credit a balance of not less than such minimum amount as may
be prescribed in that behalf.

(2) The district panchayat shall scrutinise the budget estimate and return
it to the panchayat within two months of its receipt with such observations and
recommendations as it may make in respect of the budget estimate.

(3) The taluka panchayat shall thereupon approve the budget estimate on or before
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 53

the 31st March of the current year with such modifications as it may think fit having regard
to the observations and recommendations made by the panchayat under sub-section (2).

(4) Where any taluka panchayat has failed to comply with the provisions of sub-
section (3) it shall be lawful for the State Government to form an opinion that the
panchayat is incompetent to perform the duties imposed on it or functions entrusted to it
under the provisions of this Act.

Explanation : A taluka panchayat shall not be deemed to have failed to comply with
the provisions of sub-section (3) if such failure has resulted on account of non-compliance
by the district panchayat of provisions of sub-section (2).

Revised or 139. (i) A taluka panchayat may, at any time during the year for which any
supplemen- budget estimate has been approved cause a revised or supplementary budget estimate to be
tary budget prepared. Every such revised or supplementary budget shall be considered and approved by
and
reappropria-
the panchayat in the same manner as if it were an original annual budget estimate:
tion of fund.
Provided that the district panchayat shall scrutinise the budget and return to the
panchayat within one month of its receipt.

(2) Reappropriation of fund in the budget estimate may be made from time to time
subject to the same approval as is required for the budget estimate.

140. Save in the case of a pressing emergency no sum shall be expended by or on Except in
emergency no
behalf of a taluka panchayat unless such sum is included in some budget estimate approved sum to be
under section 138 or 139 and in force at the time of incurring the expenditure. expended
(2) If on a pressing emergency any sum is expended otherwise than in accordance unless it has
with sub-section (1) the circumstances shall be forthwith communicated in writing by the been included
in budget.
President of the Panchayat to the competent authority with an explanation of the way in
which it is proposed by the panchayat to cover such extra expenditure.
141. Accounts of the income and expenditure of every panchayat shall be kept in Accounts of
such form and manner as may be prescribed and shall be balanced annualy on the 1st day of income and
every year. expenditure.
142. (1) The Secretary of every panchayat shall prepare the annual report of the Annual
administration of the panchayat and shall place the accounts and the report for approval Administra-
before the panchayat. tion report.
(2) The annual statement of the accounts together with the annual report shall be
sent to the competent authority through the district panchayat on or before such date and in
such form as may be prescribed
(F) AUDIT OF THE ACCOUNTS OF PANCHAYATS
143.1[(1)] The Gujarat Local Fund Audit Act, 1963 shall apply to the auditing of the
Guj. XLIX of accounts of taluka panchayats. Audit of
1963. accounts.
2
[(2) Notwithstanding anything contained in sub-section (1), the State Government
shall entrust the Comptroller and Auditor General of India the technical guidance and
supervision over the audit of the taluka panchayat.
(3) The State Government shall cause the audit report under the Gujarat Local Fund
Guj. XLIX
Audit Act, 1963 referred to in sub-section (1) alongwith the report of the Comptroller and
of 1963.
Auditor General of India on technical guidance and supervisions as referred to in sub-
section (2), to be laid before the State Legislature.]
PART III
PROVISIONS RELATING TO DISTRICT PANCHAYAT
(A) CONDUCT OF BUSINESS
144. The meeting of a district panchayats shall be held normally every three months; Meeting of
district
Provided that the President of the panchayat, may, for any specified reason, and panchayats.
shall, upon the written request of not less than one-third of the members, call the meeting of

1
Section 143 was renumbered as sub-section (1) by Guj. 21 of 2011, s.12.
2
Sub-section (2) and (3) were inserted, ibid., s.12
 54 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

the district panchayat at any other time.

District 145. (1) A district panchayat shall constitute the following committees, namely :-
panchayats (i) An Executive Committee for performing functions pertaining to finance,
Committees, home guards and village defence and such other functions and duties of the panchayat as
their
constitution, are not assigned to any other committee:
powers, Provided that it shall be lawful for the Executive Committee to appoint not
functions and more than two sub-committees from amongst its members but the sub-committee so
duties. appointed shall not be competent to take any final decision in any matter.
(ii) A Social Justice Committee for performing such functions as are considered
essential for securing social justice to the weaker sections of the society including persons
belonging to the Scheduled Castes and Scheduled Tribes as may be prescribed :
Provided that it shall be lawful for the Social Justice Committee to appoint
one or more sub-committees from amongst its members to inquire into cases of any
discrimination against members of backward class including Scheduled Castes and
Scheduled Tribes, in the matter of use of wells, tanks, bathing ghats, roads and places of
public resort, maintained wholly or partly out of the State or panchayat funds or dedicated
to the use of the general public.
(iii) An Education Committee for performing the functions and duties
pertaining to education and such other literary and cultural activities as the panchayat may
assign to it.
(iv) A Public Health Committee for performing functions pertaining to
public health, hospitals, health centres, sanitation, water supply, vaccination and family
planning.
(v) A Public Works Committee for performing functions pertainning to
public works, communications, buildings, rural housing and relief against natural
calamities.
(vi) An Appeal Committee under section 241.
(vii) A Committee for implementation and review of twenty point
programme.
(2) In addition to the committees referred to in sub-section (1), a district
panchayat may with the prior approval of the State Government constitute a
committee or committees to execute any work or scheme decided upon by the
district panchayat or to inquire into and report to the district panchayat on
matters which the panchayat may refer to such committee or committees. The
district panchayat may make regulations for the procedure to be followed by
any such committee.
(3) No committee other than the Executive Committee and the Education
Committee shall consist of more than five members and the Execu-
tive Committee and the Education Committee shall consist of not
more than nine members.
(4) The constitution of the Education Committee and the Social Justice
Committee shall, subject to sub-section (3), be such as may be prescribed.
(5) The members of a committee constituted under this section shall be elected
by the panchayat from amongst its members :
Provided that the panchayat may appoint in accordance with rules made
in this behalf any of the qualified voters of the district on a committee
mentioned in clauses (ii) and (iii) of sub-section (l) and the qualified voters so
appointed shall have the right to speak or otherwise take part in the
proceedings of a meeting of the committee but shall not be entitled to vote.
(6) The members of each committee shall elect from amongst themselves
the Chairman of the committee :
Provided that -
(a) where the President and Vice-President both are members of any such
committee, the President, shall be the ex-officio Chairman of such committee
and if he declines to hold the office, the Vice-President shall be the ex-officio
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 55

Chairman of the committee, unless he also declines to hold the office, and
(b) where only one of them is a member thereof he shall be the ex-officio
Chairman of the committee, unless he declines to hold the office,
(c) a person who is not a member of the panchayat shall not be eligible to be
Chairman of any committee :
Provided further that where the person so elected as Chairman of the
Education Committee is also the President of the panchayat or at any time
after his election as Chairman is elected as such President, he shall not be
eligible to continue as the Chairman of the committee, unless he chooses to
vacate the office of such President and accordingly vacates that office.
(7) (a) No member of the panchayat shall be a member of more than
two committees constituted under this section.
(b) If any member is simultaneously or otherwise elected as a member of
more than two committees, the member shall within ten days from the
date or the later of the dates on which he is so elected intimate to the
President, two of the committees in which he wishes to serve and
thereupon his seat in the committee or committees other than the
aforesaid two committees shall become vacant.
(c) Any intimation given under clause (b) shall be final and irrevocable.
(d) Where a member commits default in giving intimation under clause (b),
within the period prescribed therein, the panchayat shall determine the
two committees in which such member shall retain his seat and thereupon
the seat in the committees other than the committees so determined shall
become vacant
(8) A member once elected to a committee shall be eligible for re-election.
(9) (a) The term of the Social Justice Committee and that of the Education
Committees shall be co-extensive with the duration of the district
panchayat.
(b) (i) The term of the other committees constituted under sub-section (1),
shall be two years and on the expiry of the term it shall be
constituted :
Provided that where the unexpired part of the duration of the panchayat,
during which the committee is reconstituted is less than two years, the term of the
committee shall be co-extensive with the unexpired part of the duration of the
panchayat.
(ii) The term of the committee constituted under sub-section (2), shall
not exceed one year.
(10) A member or Chairman may resign from membership or Chairman-
ship of a committee by tendering his resignation to the panchayat.
(11) Any vacancy of an elected member occurring in the constitution of
a committee shall be filled in by election.
(12) The Education Committee shall, in the discharge of its functions exercise all
the powers and discharge all the duties of the panchayat:
Provided that where the Education Committee, exercises the powers and
Bom. 6 of
discharges the duties and functions of the District School Board vested in the
1947. District Panchayat under the Bombay Primary Education Act, 1947, the Committee
shall notwithstanding anything contained in the said Act, exercise those powers and
discharge those duties subject to the control of the District Panchayat.
 56 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(13) The committees, other than the Education Committee constituted under this
section shall, in the performance of their functions, exercise such powers
and discharge such duties of the district panchayat as may be assigned to
them by the Panchayat.
(14) A district Panchayat may at any time, withdraw from--
(a) any committee other than the Social Committee and the Education
Committee, any of the powers, functions and duties assigned to it,
(b) the Education Committee, any of the powers, functions and duties,
not falling in Part-II of Schedule-III, and
assign the same to any other committee other than the Social Justice Committee.
(15) Such of the powers, functions and duties of the panchayat as are not
assigned to any committee, shall be exercised and performed by the district
panchayat.
(16) A Committee shall conform to any instructions that may from time to time,
be given to it by the panchayat. The panchayat may at any time call for any
extract from any proceedings of any committee and for any return,
statement, account or report in connection with any matter with which any
committee has been authorised or directed to deal. Every such requisition,
shall without unreasonable delay, be complied with by the committee so
called upon.
(17) Notwithstanding the assignment of any powers, functions and duties of a
panchayat to a committee thereof—
(a) Any person aggrieved by the decision of a committee other than the
Social Justice Committee in such classes of cases as may be prescribed,
may prefer an appeal to the panchayat, and
(b) any person aggrieved by the decision of the Social Justice Committee
(not being a decision in appeal), may prefer an appeal to the State
Government,
within a period of sixty days from the date of such decision and the panchayat or, as
the case may be, the State Government, may, after giving an opportunity to the appellant to
be heard, confirm, modify, or reverse the decision appealed against and pass such order as
it may think proper.
Removal of 146. (1) any member of the Education Committee who intends to move a motion of
Chairman no confidence against the Chairman of Education Committee, may give a notice thereof
of in the prescribed form to the Committee.
Education
Committee. (2) If the motion is carried by a majority of not less than two third of the total
number of the then members of the Committee, the Chairman shall cease to hold office,
after a period of three days from the date on which the motion is carried unless he has
resigned earlier and thereupon the office held by such Chairman shall be deemed to be
vacant.
(3) Notwithstanding anything contained in this Act or the rules made thereunder, a
Chairman shall not preside over a meeting in which a motion of no confidence is discussed
against him but he shall have a right to speak of otherwise to take part in the proceedings of
such a meeting (including the right to vote).
(4) (a) A meeting of the Committee for dealing with a motion of no
confidence under this section shall be called within a period of seven
days from the date on which a notice of such motion is received by
the Committee,
(b) If the Chairman of the committee fails to call meeting, the Secretary of the
Committee shall make a report thereof to the competent authority and
thereupon the competent authority shall call a meeting of the Committee
within a period of seven days from the date of the receipt of the report.
Honorarium,
etc. to
147. (1) The Chairman of the Education Committee of a District Panchayat shall
Chairman of
Education
Committee.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 57

be entitled—
(a) to an honorarium at such rate as may be prescribed,
(b) without payment of rent, to use of a residence in the headquarters
of the panchayat or with the sanction of the State Government, at
any other place in the district throughout his term of office and for
a period of fifteen days thereafter or in lieu of such residence a
house allowance at such rate as the State Government may, by
general or special order, determine.
(2) No charge shall fall on the Chairman personally in respect of the maintenance
of any residence provided under sub-clause (b) of sub-section (1).
(3) During the leave or absence of the Chairman, the functions of the Chairman
shall be performed by such member of the Education Committee as may be elected by that
Committee. The member so elected for performing the functions, shall be paid honorarium
and allowances at such rate as may be prescribed.
Honorarium, 148. (1) The Chairman of the Social Justice Committee of a District Panchayat
etc. to
Chairman of
shall be entitled—
Social Justice (a) to an honorarium at such rate as may be prescribed,
Committee.
(b) without payment of rent, to use of a residence in the headquarters
of the panchayat or with the sanction of the State Government, at any other
place in the district, throughout his term of office and for a period of fifteen
days thereafter or in lieu of such residence, a house allowance at such rate
as the State Government may, by general or special order, determine.
(2) No charge shall fall on the Chairman personally in respect of the maintenance
of any residence provided under sub-clause(b) of sub-section (1).

(3) During the leave or absence of the Chairman, the functions of the Chairman
shall be performed by such member of the Committee as may be elected by that
Committee. The member so elected for performing such functions shall be paid honorarium
and allowance at such rate as may be prescribed,

149. The member of any committee of a district panchayat constituted under section Travelling
Allowance to
145, who are not members of such panchayats, shall be entitled to travelling allowance members of a
while touring for the purpose of attending a meeting of the committee or any business Committee
relating to the committee at such rates and subject to such conditions as may be determined who are not
by rules made either prospectively or retrospectively. members of
district
panchayat.

150. Save as provided in this Act, the time and place of a meeting of a district Procedure in
respect of
panchayat or committee thereof, the quorum for such meeting, the procedure for calling meetings.
meeting and the procedure at such meeting shall be such as may be prescribed.

151. All questions before a meeting of a district panchayat or .committee thereof Questions to
be decided by
shall be decided by a majority of votes of the members present and unless otherwise majority of
provided in this Act, the Presiding Officer of the meeting shall have a second or casting votes.
vote in all cases of equality of votes :

Provided that in such circumstances and subject to such conditions as may be

prescribed, a decision on any question before a committee may be taken by circulating the
propositions thereof for the votes of members.

152. No resolution of a district panchayat shall be modified, amended, varied or Modification

or
cancelled by a panchayat within a period of three months from the date of the passing cancellation
thereof, except by a resolution supported by two-third of the total number of members of of resolution.
such panchayat.
 58 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

153. (i) Notwithstanding anything contained in this Act, it shall be lawful for a
Invitees at
meeting of
district panchayat or any of its committees to invite at its meeting not more than five
district experts or specialists in the subject matter under consideration at the meeting, out of
panchayats persons who, in the opinion of such panchayat or, as the case may be, committee—
and its
committees. (a) have a degree in engineering, medicine, commerce or such other subject of
any University established by law in India and experience of not less than
five years in the field of activity pertaining to the subject, and

(b) are not disqualified to be members of the panchayat under any of the
clauses (f), (g) and (h) of section 30.

(2) An invitee at any such meeting of the panchayat or its committee shall have the
right to speak or otherwise take part in the proceedings of the meeting but shall not be
entitled to vote.

(B) Administrative Powers and Duties

Adminis-
154. Subject to the provisions of this Act, it shall be the duty of each district trative
panchayat to make in the area within its jurisdiction and so far as the fund at its disposal Powers of
will allow, reasonable provision in regard to all or any of the matters specified in Panchayats.
Schedule III.

155. (1) A district panchayat may, with the previous sanction of the State Other
Government incure expenditure on education or medical relief outside its jurisdiction, if its functions of
Panchayats.
finances permit.

(2) A district panchayat may also make provision for carying out in the area within
the limits of its jurisdiction, any other work or measure which is likely to promote-
(a) the health, safety, comfort or convenience, and
(b) social, economic or cultural well-being of the inhabitants of the areas.
(3) A district panchayat may, by resolution passed at its meeting and supported by
two-third of the whole number of members, make provisions for any public reception,
ceremony or entertainment within the district or may make contribution towards an annual
gathering or such other gathering of panchayats in the district or the State or towards the
fund of any Institution which is established with the object of promoting the spirit of com-
munity, self-help and mutual aid among village folk and suggesting ways and means for the
efficient administration of panchayats and which is recognised by the State Government.
(4) A district panchayat may, subject to rules, grant a loan out of its fund to a
panchayat subordinate to it, for the purposes of this Act.
(5) A district panchayat shall in regard to the measures for the amelioration of the
condition of Scheduled Castes and Scheduled Tribes and other backward classes, and, in
particular, in the removal of untouchability carry out the directions or orders given or issued
in this regard from time to time by the State Government or the competent authority.
(6) A district panchayat shall perform such other duties and functions as are
entrusted to it by or under any other law for the time being in force.
(7) It shall be lawful for the district panchayat to render financial or other
assistance to any person for carrying on in the district any activity which is related to any of
the matters specified in Schedule III.
(8) (a) A district panchayat may compromise in respect of any suit instituted by or
against it, or in respect of any claim or demand arising out of any contract entered into by it
under this Act, for such sum of money or other compensation as it shall deem sufficient :
Provided that, if any sanction in the making of any contract is required by this Act,
the like previous sanction shall be obtained for compromising any claim or demand arising
out of such contract.
(b) The panchayat may make compensation out of its fund to any person sustaining
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 59

any damage by reason of the exercise of any of the powers vested in it and its officers and
servants under This Act.
156. (1) It shall be lawful for a district panchayat to undertake upon such terms and Powers of
District
conditions as may be agreed upon, the construction, maintenance or repair of any work or Panchayat to
the management of any institution on behalf of Government, any local authority, any undertake
Corporation incorporated under any law for the time being in force and owned or controlled works, etc.
by Government or the Court of Wards. on behalf of
Government
to give
(2) It shall be lawful for a district panchayat to give, on such terms and conditions technical
as may be agreed upon, technical advice and guidance to a local authority in respect of the advice.
construction of any work undertaken by such local authority.
(C) Property and Fund
Property of 157. (1) In addition to the movable or immovable property acquired by a district
District panchayat, the following shall vest in the district panchayat, namely :—
Panchayat.
(a) every road, building or other work constructed by a district panchayat out
of the district fund with or without the Government assistance or people's
participation ;
(b) any land or property vesting in the State Government when transferred to
a district panchayat by the State Government for local public purpose ;
(c) any land or other property vesting in any other panchayat, when vested in
the district panchayat by that panchayat for the purposes of this Act :
Provided that any land or property transferred to a district panchayat under clause(6)
shall not, unless otherwise expressly provided in the instrument of transfer, belong by right
of ownership to the panchayat but shall vest in it subject to the terms and conditions of the
transfer and in the circumstances specified in such terms and conditions, the land or
property with all things, if any, attached thereto including all fixtures and structures thereon
shall revest in the State Government and it shall be lawful for the State Government to
resume possession thereof.
(2) Notwithstanding that any immovable property vests in a district panchayat, on
lease, sale or other transfer thereof shall be valid unless it has been made with the previous
sanction of the competent authority :
Provided that in the case of a lease of immovable property other than the property
referred to in clause (b) of sub-section (1), no such previous sanction shall be necessary, if
the period of lease does not exceed three years.
158. (1) There shall be in each district a fund which shall be called District
Fund.
a district fund.
(2) The following shall be paid into and form part of the district fund, namely :-
(a) the proceeds of any tax or fee imposed under this Act ;
(b) the sale proceeds of all dust, dirt, dung, refuse, or carcasses of
animals, except in so far as any person is entitled to the whose or a
portion thereof:
(c) sums contributed to the district fund by the State Government;
(d) all sums received by way of loans from the State Government or
otherwise ;
(e) all sums received by way of gift or contributions by the district
panchayat ;
(f) the income or proceeds of any property vesting in the district
panchayat ;
 60 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(g) the net proceeds (after deducting the expenses of assessment and
collection) of the cess authorised by section 191.
(h) all sum realised by way of rent or penalty otherwise than as the
amount of any fine in a criminal case.
159.(1) All property vested in a district panchayat under this Act, and all funds Application
received by it in accordance with the provisions of this Act, and all sums accruing to it of District
Fund.
under the provisions of any law for the time being in force, shall be applied subject to the
provisions and for the purposes of this Act and all such sums and funds shall be kept in
such custody as may be prescribed ;
Provided that out of the net proceeds of the cess referred to in clause (g) of sub-
section (2) of section 158, a portion calculated at the rate of eight paise on every rupee of
every sum on which the cess is levied under section 191, shall be applied by a district
panchayat for the purpose of primary education in the district.
(2) Any surplus funds in the hands of a panchayat which may not be required for
current charges may be invested in such manner as may be prescribed.
(3) In the case of any loan taken by a panchayat, the payment of the principal or
instalment thereof and the payment of interest thereon shall be a first charge on its fund.
160. (1) Notwithstanding anything contained in sections 158 and 159, District
in each district, there shall be established by the district panchayat a fund to Family
welfare
be called the District Family Welfare Fund which shall consist of— Fund.
(a) all the sums received by way of gifts or contribution from the State
Government or the Central Government or any person for the purpose of family
welfare programme;
(b) the proceeds of entertainment programme arranged by the panchayat ;
(c) the same proceeds of family welfare seals.

(2) The Fund shall be applied by the panchayat for the purpose of family welfare
programmes in the District,
(3) Any sum in the fund which may not be required for the current expenditure,
may be invested in such manner as may be prescribed.
(D) Officers and Servants
Secretary and 161. (1) Subject to the provisions of this Act and the rules made thereunder-
Officers and
Servants of
District
(a) there shall be a Secretary for every district panchayat ;
Panchayat.
(b) a District Development Officer posted under the panchayat, shall be
ex-officio Secretary of the Panchayat ;
(c) a district panchayat shall have such other officers and servants as may
be determined under section 227.

(2) The officers and servants referred to in clause (c) of sub-section (1) shall be
appointed by such authority and their conditions of service shall be such as may be
prescribed.
(3) The officers and servants appointed under sub-section (2) shall in the discharge
of their functions and duties, exercise such powers as may be conferred on them by the
panchayat subject to rules, if any, made in this behalf.
Powers and 162. (1) Save as otherwise expressly provided by or under this Act, the executive
functions of
District powers of a district panchayat for the purpose of carrying out the provisions of this Act,
Development shall vest in the District Development Officer who shall subject to the orders, if any, of the
Officer. President or of the district panchayat, as the case may be—
(a) perform all the functions and exercise all the powers specifically
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 61

imposed or conferred upon him by or under this Act, or under any law
for the time being in force ; and
(b) lay down the duties of all officers and servants of the district
panchayat.
(2) Subject to the provisions of this Act and the rules made thereunder the District
Development Officer shall—
(a) be entitled to—
(i) attend the meetings of the district panchayat, or any of its committee ;
(ii) call for any information, return, statement, account or report from any
officer or servant of or holding office under, the district panchayat ;
(iii) grant leave of absence to such class of officers as may be prescribed by
rules ;
(iv) call for an explanation from any officer or servant of or holding office
under the district panchayat ;
(b) subject to the control, of the district panchayat, discharge duties and
perform function, in respect of matters which by or under this Act are not expressly
imposed or conferred on any committee, presiding officer or any officer of the district
panchayat ;
(c) appoint such class of officers and servants as may be prescribed;
(d) supervise and control, the execution of all activities of the district panchayat;
(e) take necessary measures for the speedy execution of all works and
development schemes of the district panchayat;

(f) have custody of all papers and documents connected with the proceedings of
meetings of the district panchayat and of its committees ;

(g) assess and give his opinion confidentially every year on the work of the
officers holding office under the district panchayat; forward them to such authorities as
may be presecribed by the State Government and lay down the procedure for writing such
reports about the work of officers and servants under the district panchayat ;

(h) draw and disburse money out of the fund ;

(i) exercise supervision and control over the acts of officers and servants
holding office under the district panchayat in matters of executive administration and those
relating to accounts and records of the district panchayat ; and

(j) exercise such other powers and perform such other functions as may be
prescribed by the State Government.

(3)(a) Save as provided in clause (b), the District Development Officer may subject
to such conditions as he may think fit to impose, delegate any of his power and functions to
any officer or servant holding office under the district panchayat, provided such officer or
servant is not below such rank as may be prescribed.

(b) Notwithstanding anything contained in sub-section (2), the power to draw and
disburse money out of the fund referred to in clause (h) of the said sub-section shall, in so
far as such drawing and disbursement of money is in respect of any matter specified in Part
Bom. LXI of II of Schedule III or, dealt with under the Bombay Primary Education Act, 1947, be
1947.
deemed to be delegated to and be exercised by the Administrative Officer appointed for the
District Panchayat under section 21 of the Bombay Primary Education Act, 1947.

(4) Subject to the other provisions of this Act, the District Development Officer
shall be under the general control of the district panchayat.
 62 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(E) Budget Estimates

163. (1) Every district panchayat shall have prepared annually on or before the 15 th Budget
February of the current year or such date not later than the month of February of the current Estimates
of District
year as may be approved by the competent authority, in such form and manner as may be Panchayat
prescribed in this behalf, a budget estimate of its income and expenditure for the next and
year : Reappropriation
of Fund.
Provided that the budget estimate shall be so prepared that the end of the year the
panchayat shall have at its credit a balance of not less than such minimum amount as may
be prescribed in that behalf.

(2) The district panchayat shall, as soon as may, be after the said date consider the
budget estimate so prepared and approve the same on or before the 31st March of the
current year with or without modifications as it shall think fit.

(3) Where any district panchayat has failed to comply with the provisions of sub-
section (2), it shall be lawful for the State Government to form an opinion that the
panchayat is incompetent to perform the duties imposed on it or functions entrusted to it
under the provisions of this Act.

(4) The district panchayat may, if necessary, at any time during the year for which
a budget estimate has been approved, cause a revised or supplementary budget estimate to
be prepared and shall consider and approve the same in the manner as if it were an original
annual budget estimate.

(5) Re-appropriation of funds in a budget estimate may be made from time to time
subject to the same approval as is required for the budget estimate.

Copy of 164. A copy of every budget estimate and a statement of every re-appropriation as
Budget finally approved under section 163 shall be forwarded by the President of the district
estimate to be
forwarded to panchayat without delay to the competent authority; a copy of the annual budget estimates
competent shall be forwarded not latter than the 31st March.
authority.

Except on 165. (1) Save in the case of pressing emergency, no sum shall be expended by, or
pressing on behalf of any district panchayat unless such, sum is included in some budget estimate
emergency approved under section 163 and is in force at the time of incurring the expenditure.
no sum to be
expended (2) If on a pressing emergency any sum is expended otherwise than in accordance
unless it has with sub-section (1) the circumstances shall forthwith be communicated in writing by the
been included President of the district panchayat to the competent authority with an explanation of the
in budget way in which it is proposed by the district panchayat to cover such extra expenditure.
estimate.

Accounts and 166. (1) Accounts of the income and expenditure of every district panchayat shall be
Audit. kept in such form and manner as may be prescribed and shall be balance annually on the 1st
day of every year.
(2) The Gujarat Local Fund Audit Act, 1963 shall apply to the auditing of the Guj. XLIX of
accounts of the district panchayat. 1963.
1
[(3) Notwithstanding anything contained in sub-section (2), the state Government
shall entrust the Comptroller and Auditor General of India the technical guidance and
supervision over the audit of the District panchayat.
Guj. XLIX (4) The Sate Government shall cause the audit report under the Gujarat Local Fund
of 1963. Audit Act, 1963 referred to in sub-section (2) alongwith the report of the Comptroller and
Auditor General of India on technical guidance and supervision as referred to in sub-section
(3), to be laid before the State Legislature.]
Annual 167.(1) The Secretary of the district panchayat shall prepare the annual
reports. report of administration of the panchayat and shall place the accounts and the report for
approval before the panchayat.

1
Sub-sections (3) and (4) were inserted by Guj. 21 of 2011, s.13.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 63

(2) The annual statement of the accounts together with the annual report shall be
sent to the competent authority before such date and in such form as may be prescribed.
CHAPTER VI
PROVISION AS TO TRANSFER OF CERTAIN FUNCTIONS UNDER
ANY ENACTMENT TO PANCHAYAT.
(A) Transfer of functions relating to recovery of land revenue and cesses under the
Land Revenue Code and the law relating to collection of cesses.
Recovery of 168. The State Government shall, notwithstanding anything contained in the Bom. V. of
Land Bombay Land Revenue Code, 1879 or any law relating to the collection of any cess, for the 1879.
Revenue by
time being in force in the State, by notification in the Official Gazette, entrust to every
panchayats.
village panchayat, any or all of the functions and duties of a village accountant or Patel or
other similar functions of any other person, by whatever name called, in relation to the
collection of land revenue (including cesses) and dues recoverable as arrears of land
revenue which is levied and assessed by or under the Land Revenue Code, or law relating
to the collection of any cess for the time being in force in the State and all other functions
and duties of a village accountant under the Code.
Responsibility 169. The panchayat so entrusted under section 168 shall be responsible for the
of the recovery and collection of the land revenue (including cesses) and other dues of the village
panchayats.
in accordance with the provisions of the Land Revenue Code and the rules, instructions and
orders made or issued thereunder and the law relating to the collection of such cesses.
Conferment of 170. Where a panchayat has been entrusted with the functions and duties relating
powers and to the collection of land revenue ( including cesses) and other dues under section 168, the
duties for
collection of
State Government shall by notification in the official Gazette, confer on such panchayat,
land revenue subject to such conditions as may be specified in the notification all or any of the powers of
on panchayats. the Collector, for the realisation of land revenue and other due recoverable as arrears of
land revenue under the Land Revenue Code and for the collection of cesses under the law
relating thereto, and it shall be competent for the panchayat so empowered to exercise all or
any of the powers so conferred in this behalf.
171.(1) Notwithstanding anything contained in this Act and the Land Revenue Code, Certain class
a District Development Officer, a Taluka Development Officer and such revenue officers of officers
posted under
not below the rank of a Deputy Collector as may be posted under a district panchayat and panchayat to
designated by the State Government in this behalf shall be deemed for the purposes of this be revenue
Chapter to be revenue officers within the meaning of the Land Revenue Code and for the officers and
purposes of this Chapter it shall be lawful for the State Government to define the area their powers.
within which any such officer shall exercise jurisdiction and to confer on such officer all or
any of the powers exercisable by the Collector or any other revenue officer under the Land
Revenue Code.

(2) Where in the case of any such officer the area of his jurisdiction has been defined
and the powers are so conferred, such officer shall have and exercise the like authority over
a village panchayat functioning in such area and exercising the powers conferred on it and
discharging the functions entrusted to it under this Chapter as the corresponding revenue
officer appointed under the Land Revenue Code has over the village accountant or patel or
other similar functionary under the Land Revenue Code.

172. Notwithstanding anything contained in the provision hereinbefore the right of Right of
the State Government to collect land revenue and any cess, shall remain unaffected, and if State
Government
in the opinion of the State Government a panchayat exceeds or abuses its powers under this to collect
chapter or fails to exercise the same or is incompetent, to perform or makes persistent land revenue
default in the performance of the duties imposed or persistently disobeys any of the orders unaffected.
of the Collector with regard to the exercise of any of the said powers, the State Government
may, after consultation with the district panchayat and after giving the panchayat an
opportunity to render an explanation, by order in the Official Gazette withdraw all the
powers conferred on the panchayat under this Chapter and direct its revenue officers to
recover the land revenue or, as the case may be, the cesses.

173. On the withdrawal under section 172 of the powers conferred on a panchayat, Collector to
the Collector, shall appoint an officer to take charge of the accounts, records and other appoint
officer on
papers and articles in connection with the recovery of land revenue or collection of cesses, suspension of
powers of
panchayat.
 64 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

in the village.

Guj. X of (B) Delegation of the functions under the Gujarat Co-operative Societies Act, 1961.
1962.
174. (1) Notwithstanding anything contained in the Gujarat Co-operative Societies Delegation of
Act, 1961 the State Government, having regard to the Panchayat Functions List may powers of
Guj. X of Registrar of
1962. subject to such conditions as it may think fit to impose, by an order published in the Official Co-operative
Gazette, delegate to a district panchayat and the taluka panchayats subordinate to it, such Societies to
powers, functions and duties of the Registrar or any other authority under the said Act may panchayats.
be specified in the order.

(2) In particular, such order may provide for the delegation of powers relating to-

(a) the registration of co-operative societies ;

(b) the approval of amendment to the bye-laws of co-operative societies;

(c) appeals arising out of non-admission of members in a co-operative

society ;

(d) maintenance of register of co-operative societies;

(e) change in the name or classification of a co-operative society ;

(f) permission to co-operative societies to enter into partnership;

(g) the calling of, or extending the period for the calling of annual general
meetings of co-operative societies ;

(h) the calling of a special general meeting of a co-operative society;

(i) the disposal of surplus assests of co-operative societies in the event of their
winding up ;
(j) direction for giving possession of books and papers of the co-operative
societies to the successor chairman thereof;
(C) Transfer of functions of State Government to Panchayats,
Transfer of 175.(1) Notwithstanding anything contained in any law for the time being in force,
functions of the State Government may, subject to such conditions as it may think fit to impose, transfer
State
Government by an order published in the Official Gazette to a district panchayat any such powers,
to Panchayat. functions and duties relating to any matter as are exercised or performed by the State
Government or any officer of Government under any enactment which the State Legislature
is competent to enact, or otherwise in the executive power of the State, and appear to
relate to matters arising within a district and to be of an administrative character and shall
on such transfer, allot to the district panchayat such fund and personnel as may be
necessary to enable the district panchayat to exercise the powers and discharge the
functions and duties so transferred.
(2) Without prejudice to the generality of the provisions of sub-section (1) the State
Government may transfer to the district panchayats such powers, functions and duties as
are exercised or performed by the following departments of the State, namely :-
(1) Agriculture ;
(2) Animal husbandry ;
(3) Public Health and Medical Relief ;
(4) Public Works Department activities in the district ;
(5) Social Welfare ;
(6) Land Department ;
(7) Prohibition Department so far as prohibition propaganda is concerned ;
(8) Co-operative Department ;
(9) Cottage Industries and Small Scale Industries;
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 65

(10) District Statistical Officer.

(3) On the transferor any powers, functions and duties under sub-sections (1) and (2)
the district panchayat shall, if the State Government so directs and with the previous
approval of the State Government, may delegate to any panchayat subordinate to it any of
the functions, powers and duties so transferred and allot to such panchayat such fund and
staff as may be necessary to enable the panchayat to exercise the powers and discharge the
functions and duties so delegated.
(4) Where any powers, functions and duties conferred by or under any enactment are
so transferred or delegated, that enactment shall have effect as if this section had been
incorporated in that enactment.
(5) The matters in respect of which the functions and duties are transferred or
delegated under this section shall be deemed to be included in the Panchayat Functions
List.

Transfer of 176. In transferring to a district panchayat any powers, functions and duties,
rights and relating to any matter, exercised by the State Government or any of its officers, it shall be
liabilities in lawful for the State Government to transfer to the district panchayat any property belonging
respect of to the State Government and connected with such matter together with the rights and
property
transferred to liabilities (including rights and liabilities arising out of any contract) of the State
Panchayat. Government in respect of the property and thereupon the rights and liabilities which
accrued before such transfer or which may accrue thereafter shall be the rights and
liabilities of the district panchayat.
Obligation or 177. The transfer or allotment of any servant to panchayat under section 175 shall
liability of
servants
not affect-
transferred (a) any obligation or liability incurred or default committed before such
under section
175 not transfer or allotment by such servant while acting or purporting to
affected. act in the discharge of his duties as such servant; and
(b) any investigation, disciplinary action or remedy in respect of such
obligation, liability or default and any such investigation, disciplinary
action or remedy may be instituted, continued or enforced in accordance
with the law applicable thereto before such transfer or allotment by such
authority as the State Government may by general or special order
specify in this behalf.

178. Notwithstanding the transfer of any powers, functions and duties in respect of Withdrawal
any matter to a district panchayat under section 175 or under section 157 or 158 of the of powers,
Gujarat Panchayats Act, 1961, the State Government on a proposal from the district functions, etc.
panchayat in that behalf or where it is satisfied that by reason of a change in the nature of from district
panchayat.
the matter, the matter has ceased to be a matter in the Panchayat Functions List and that it
VI. of 1962.
is necessary to withdraw from the district panchayat the powers, function or duties in
respect of such matter, may, after consultation with the State council for panchayats, by
notification in the Official Gazette, withdraw such powers, functions and duties with effect
from the date specified in the notification and make such incidental and consequential
orders as may be necessary to provide for matters including the taking over of the property,
rights and liabilities, if any, vesting in the panchayat under section 176 and of the staff, if
any, which may have been transferred to the panchayat under section 175.

CHAPTER VII

PROVISION AS TO DEVOLUTION OF POWERS AND RESPONSIBILITIES

UPON PANCHAYATS WITH RESPECT TO DEVELOPMENT PLANS AND
IMPLEMENTATION OF CERTAIN SCHEMES.
Preparation
179. (1) Every village panchayat shall prepare every year in such form of
as may be prescribed a development plan for the village for the next year Development
plans by
and submit the same before such date as may be prescribed, to the taluka panchayat.
panchayat to which the village panchayat is subordinate,

(2) Every taluka panchayat shall prepare every year in such form as may be
66 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

prescribed a development plan for the taluka for the next year having regard to the
development plans submitted to it by the village panchayats in the taluka and submit the
same before such date as may be prescribed, to the district panchayat to which the taluka
panchayat is subordinate.

(3) Every District panchayat shall prepare every yea in such form as may be
prescribed a development plan for the district for the next year having regard to the
development plans submitted to it by the taluka panchayats in the district, and submit the
same before such date as may be prescribed, to such authority as the State Government
may, by order in writing specify:

Explanation : For the purposes of this section a development plan means a

development plan for economic development and social justice in relation to
matters with respect to which the executive power vests in the State Government.

180. (1) (a) Notwithstanding anything contained in any law for the Entrustment of
time being in force, the State Government may subject to such conditions as schemes to
it may think fit to impose entrust by an order published in the Official Gazette to a panchayats for
implementation.
district panchayat implementation of such schemes of economic development and social
justice as it thinks fit :

Provided that no scheme shall be so entrusted unless-

(i) it is competent to the State Government to implement the scheme in

exercise of its executive power, and

(ii) the scheme appears to the State Government to be pertaining to the district.

(b) Where the State Government entrusts a scheme under clause (a) to a district
panchayat, it shall allot to the district panchayat such fund and personnel as may be
necessary to enable the district panchayat to implement the scheme.

(2) Without prejudice to the generality of the provisions of sub-section (1)

the State Government may entrust to a district panchayat schemes for
economic development and social justice in relation to the following matters,
namely :—
(1) Agriculture, including agricultural extension.
(2) Land Improvement, implementation of land reforms, land consolidation
and soil conservation.
(3) Minor irrigation, water management and watershed development.
(4) Animal husbandry dairying and poultry.
(5) Fisheries.
(6) Social forestry and farm forestry .
(7) Minor forest produce.
(8) Small scale industries, including food processing industries.
(9) Khadi, village and cottage industries.
(10) Rural housing.
(11) Drinking water.
(12) Fuel and fodder.
(13) Roads, culverts, bridges, ferries, waterways and other means of
communication.
(14) Rural electrification, including distribution of electricity.
(15) Non-conventional energy sources.
(16) Poverty alleviation programme.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 67

(17) Education including primary and secondary schools.

(18) Technical training and vocational education.
(19) Adult and non-formal education.
(20) Libraries.
(21) Cultural activities.
(22) Markets and fairs.
(23) Health and sanitation, including hospitals, primary health centres and
dispensaries.
(24) Family welfare.
(25) Women and child development.
(26) Social welfare, including welfare of the handicapped and mentally
retarded.
(27) Welfare of the weaker sections, and in particular of the Scheduled
Castes and the Scheduled Tribes.
(28) Public distribution system.
(29) Maintenance of community assets.
(3) The district panchayat shall if the State Government so directs, and
may with the previous approval of the State Government, entrust to a taluka
panchayat subordinate to it any scheme entrusted to it under sub-sections (1)
and (2) and allot to such panchayat such fund and personnel as may be
necessary to enable the panchayat to implement the scheme so entrusted.
(4) The matters in respect of which the scheme is entrusted to the district
panchayat under sub-section (l) or (2) or to a taluka panchayat under sub-section (3) shall
be deemed to be included in the relevant Panchayat Functions List.

CHAPTER VIII

CATTLE POUNDS

181. In any local area which is declared to be a village, the provisions of the Cattle Cattle
I of 1871. Trespass Act, 1871 or any law corresponding to that Act in force in any part of the State Trespass Act
to cease to
shall cease to apply in relation to such local area: apply.
Provided that-

(a) nothing in this section shall affect the liability of any person to any
penalty under any law so ceasing to be in force ;

(b) any appointment, notification, order, rule made or issued under any such
law in respect of any cattle pounds within the limits of such village shall, so far as it
is not inconsistent with the provisions of this Act, be deemed to have been made or
issued under this Act and continue in force until superseded by any notification,
order or rule made under this Act ;

(c) any cattle pound in the local area established under any law so
ceasing to be in force shall be deemed to be vested in the village pan-
chayat within whose limits it is situate and shall be maintained and mana-
ged by the panchayat in accordance with the provisions of this Act.

182. (1) Notwithstanding anything contained in any law for the time being in force, Power to
every village panchayat, within the limits of its jurisdiction shall from time to time, appoint establish cattle
pounds and
such places as it thinks fit to be public pounds, and may appoint to be keepers of such appoint pound
pounds such persons as may be approved by the Taluka Development Officer. The duties keepers.
 68 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

of pound keepers shall be such as may be prescribed.

(2) Every pound keeper so appointed shall, in the performance of his duties, be
subject to the direction and control of the panchayat by which he is appointed.

183. (1) Whoever, within the limits of a village, allows any cattle which are his Penalty for
property or in his charge to stray in any street or to trespass upon any private or public allowing cattle
to stray in
property shall, on conviction, be punished— street or to
trespass upon
(i) for the first offence, with imprisonment for a term which may extend to private or
one month or with fine which may extend to three hundred rupees, or with both ; public
property.
(ii) for a second or subsequent offence, with imprisonment for a term which
may extend to six months or with fine which may extend to five hundred rupees, or
with both :

Provided that in absence of adequate and special reasons to the contrary to be

mentioned in the judgment of the Court,-

(i) for a first offence, such fine shall not be less than one hundred rupees,
and

(ii) for a second or subsequent offence, such fine shall not be less than two
hundred and fifty rupees.

(2) The Magistrate trying the offence under sub-section (1), may order,—

(a) that the accused shall pay such compensation not exceeding two hundred fifty
rupees as the Magistrate considers reasonable, to any person for any damage proved to have
been caused to his property or to the produce of land, by the cattle under the control of the
accused, trespassing on his land; and also,

(b) that the cattle in respect of which the accused is convicted shall be forfeited
to the State Government.
(3) Any compensation awarded under sub-section (2) may be recovered as if it
were a fine imposed under this section.
(4) An offence under this section shall be cognizable.
(5) Nothing contained in sub-section (1) shall render any person liable to any
punishment provided in that sub-section, if in the opinion of the Court, the offence was
committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence,
Impounding 184.(1) It shall be the duty of every Police Officer and a Watch and ward appointed
Cattle. by the panchayat, and it shall be lawful for any other person, to seize and take to any such
public pound for confinement therein, any cattle found straying in any street or trespassing
upon any private or public property within the limits of the village.
(2) Whoever forcibly opposes the seizure of cattle liable to be seized under this Act,
and whoever removes the same after seizure, either from a pound or from any person taking
or about to take them to a pound, shall on conviction, be punished with imprisonment for a
term not exceeding six months or with fine not exceeding five hundred rupees or with both.
Delivery of cattle 185.(1) If the owner of cattle which are impounded under section 184
claimed and or his agent appears and claims the cattle, the pound keeper shall deliver them to him
consequences of
failure to pay on payment of the pound fees and expenses chargeable in respect of such cattle under
pound fees and section 187 and on depositing the amount of security, if any, prescribed under section 189.
expenses, etc.
(2) If the owner or his agent appears but refuses to pay the fees and expenses as
required under sub-section (1) on the ground that the seizure was illegal and that the owner
is about to make a complaint under section 188, then upon the deposit of the fees and
expenses incurred in respect of the cattle, the cattle shall be delivered to him.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 69

(3) If on any complaint referred to in sub-section (2), the seizure is declared to be

lawful or if the owner or his agent fails to make such complaint within a period of four
weeks from the date of delivery of the cattle to him and the provisions of section 189 are
applicable, the pound-keeper shall require the owner or his agent to make a declaration and
to deposit the amount of security as required by that section. If the owner or his agent fails
to make such declaration or to deposit such amount, the cattle delivered to him under sub-
section (2) shall be seized again for the purposes of sub-section (4).
(4) If the owner or his agent appears and refuses or omits to pay the pound-fees
and expenses under sub-section (1) or to deposit the pound-fees and expenses under sub-
section (2) or to deposit the amount of security and to make a declaration as required by
sub-section (3), the cattel or as many of them as may be necessary shall be sold by public
auction by such officer at such place and time and subject to such conditions as are referred
to in section 186. The amount of pound-fees leviable and the expenses of feeding and
watering together with the expenses of sale, if any, and the amount of security, if any, as
prescribed under section 189 shall be deducted from the proceeds of the scale.

Sale of cattle 186. (1) If within seven days after any cattle have been impounded, no person
not claimed.
appearing to be the owner of such cattle offers to pay the pound fee and expenses
chargeable under section 187 such cattle shall be forthwith sold by auction in the
prescribed manner and the surplus remaining after deducting the fee and expenses aforesaid
from the proceeds of the sale, shall be paid to any person who, within fifteen days after the
sale, proves to the satisfaction of such offices as the panchayat authorises in this behalf
that he was the owner of such cattle and shall in any other case, from part of the village
fund.

(2) No Police Officer, or officer, member or servant of the panchayat including the
pound-keeper shall directly or indirectly, purchase any cattle at a sale under sub-section (1).

187. (1) The pound-fees chargeable shall be such as the State Govern- Pound-fees
ment may from time to time by notification in the Official Gazette specify and expenses
for each kind of cattle. chargeable to
be fixed.
(2) The expenses chargeable shall be at such rates for each day during any part of
which any cattle is impounded, as shall from time to time be fixed by the panchayat with
previous approval of the District Panchayat.

188. (1) Any person whose cattle have been seized under this Act or Complaints of
having been so seized, have been detained in contravention of this Act, may, illegal seizure
at any time within ten days from the date of the seizure make a complaint or detention.
to the Magistrate of the first class.

(2) The complaint shall be made by the complainant in person, or by an agent

personally acquainted with the circumstances. If the Magistrate on examining the
complainant or his agent sees reasons to believe the complaint to be well founded, he shall
summon the person complained against, and make an inquiry into the case.

(3) If the seizure of detention be adjudged illegal, the Magistrate shall award to the
complainant for the loss caused by the seizure or detention reasonable compensation not
exceeding one hundred rupees to be paid by the person who made the seizure or detained
the cattle, together with all fees paid and expenses incurred by the complainant in procuring
the release of the cattle, and, if the cattle have not been released the Magistrate shall
besides awarding such compensation order their release, and direct that the fees and
expenses leviable under this Act shall be paid by the person who made the seizure or
detained the cattle.

(4) The compensation, fees and expenses mentioned in this section may be
recovered as if they were fines imposed by the Magistrate.

189. (1) In any village to which the State Government may, by notification in the Security in
respect of
impounded
cattle.
 70 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

Official Gazette apply this section, every pound-keeper shall before releasing any
impounded cattle, require the owner of the impounded cattle or his agent to make, in the
prescribed form a declaration regarding the ownership of such cattle and to deposit by way
of security such sum as may be prescribed. Progressively increasing scales may be
prescribed in respect of cattle belonging to or kept by the same person according to the
number of cattle impounded at a time and the number of times the cattle are
impounded and different scales may be prescribed for different villages.

(2) If any cattle belonging to such owner are impounded within a period of six
months from the date on which the security is deposited, and if the seizure is not adjuged
illegal, the amount of deposit or a part thereof, as may be directed by the State Government
by rules made in this behalf, shall stand forfeited to the State Government. If cattle are not
impounded as aforesaid, the amount of security deposit shall on an application made by or
on behalf of the depositor be refunded to him on the expiry of that period.

190. (1) If in any local area to which the State Government may, by notification Removal of
in the Official Gazette, apply this section, a Mamlatdar or Mahalkari is satisfied— cattle to
specified
places.
(i) that the grazing land set apart for the use of cattle of one or more villages in
the taluka, or mahal under his jurisdiction is insufficient for the cattle
belonging to the permanent residents of such village or villages;

(ii) that the crops or grass standing on any agricultural land or grazing land so
set apart are likely to be damaged by cattle belonging to persons who are
not residents of such village or villages and who own more than twenty
head of cattle, he may—

(a) in any case referred to in clause (i) direct any such resident owner, by
special or general order, to remove or cause to be removed all or any
dry or useless cattle belonging to him to such place or places within the
State and within such period as may be specified in the order, and

(b) in any case referred to in clause (ii) direct any such non-resident owner,
by special or general order, to remove or cause to be removed all or any
of this cattle to such place or places within the State and within such
period as may be specified in the order.

(2) If the owner of the cattle fails to remove the cattle as directed under sub-
section (1), the Mamlatdar or Mahalkari, as the case may be, may direct a
Police Officer not below the rank of Head-Constable to remove or cause to
be removed such cattle to the place or places specified in the order.

(3) If the Mamlatdar or Mahalkari is satisfied that the order issued by him
under sub-section (1) is contravened by any owner or keeper of cattle, he
may impose a fine not exceeding five thousand rupees. Any fine so
imposed may on failure of such owner or keeper to pay the same within the
specified time, be recovered by sale of all or any of the cattle ordered to be
removed under sub-section (1).

CHAPTER IX

TAXATION

PART 1

Taxation by the State Government

Leavy of fifty 191. (1) The State Government shall levy, on the conditions and in the manner
paise cess on hereinafter described, a cess at the rate of fifty paise on every rupee of-
every rupee of
land revenue.
(a) every sum payable to the State Government as ordinary land revenue
except sums payable on account of any of the charges mentioned in sub-
section (2) and except sums payable on account of any charge which may
be notified by the State Government in this behalf ;
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 71

(b) every sum which would have been payable as land revenue by a small
holder as defined in the Explanation to section 45 of the Bombay Land Bom. V of
Revenue Code, 1879, in respect of the land held by him for the time being 1879.
for the purpose of agriculture, had land revenue been payable in respect of
such land under the said section by such small holder; and

(c) every sum which would have been assessable on any land as land revenue
had there been no alienation of the land revenue :

Provided that no cess shall be levied under this section on sums less than
twenty five paise:

Provided further that the amount of cess shall, if not a multiple of five
paise be increased to the next highest multiple of five paise;

(d) every sum which would have been payable as land revenue in
respect of any land leased by the Government as if land revenue is
leviable on such land, notwithstanding that no land revenue is
leviable on such land under the terms of such lease.

(2) The following sums shall not be taken into account for the purposes of sub-
section (1), namely :—

(i) penalties and fines, including any charge imposed under section 148 of the Bom. V of
Land Revenue Code, as penalty or interest in case of default, but not 1879.
including any fine levied under section 65 of the said Code on grant of
permission to use land for a purpose unconnected with agriculture;

(ii) occasional fixed payments, in commutation of all claims of the State

Government in respect of succession to or transfer of inams, payable on
each succession or transfer of inams ;

(iii) land revenue on service inam land, recovered from inferior village servants
for periods of unauthorised absence from service, and all other such
charges of assessment on inams and watans for broken period and past
years;
(iv) fees for grazing when charged per head of cattle.
(3) (a) If it appears to a district panchayat that for the purposes of its functions
under Schedule III an additional provision of funds is necessary, it may by
a resolution passed at its meeting apply to the State Government to
increase in relation to its district, the rate of cess levied under sub-section
(1) to such extent and for such period as may be specified in the
resolution:
Provided that by such increase the rate of cess shall not exceed three
hundred paise on every rupee on which such cess is leviable under sub-
section (1).
(b) On receipt of an application under clause (a) State Government may, by
notification in the Official Gazette increase the rate of the cess as proposed
by the district panchayat and thereupon sub-section (1) shall have effect as
if for the rate specified therein the rate as so increased has been
substituted.
Bom. V of 192. In the assessment of the said cess on villages alienated as defined Rules for
1879. in the Bombay Land Revenue Code, 1879 :- Assessment.

(a) if the village has been surveyed and assessed in the manner laid down in
the said Code and the rules made thereunder, the cess shall be fixed on the
total amount of assessment of the village as fixed under the said Code or
the rules made thereunder;
Bom. II of (b) if the village has come under summary settlement under the Exemptions
1863. from Land Revenue (No.-1) Act, 1863 or the Exemptions from Land
Bom. VII of Revenue (No-2) Act, 1863 and clause (a) of this section does not apply,
1863.
 72 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

the cess shall be fixed on the total annual assessment as settled for the
purpose of summary settlement; and
(c) in villages to which neither of clause (a) or (b) of this section applies, the
cess shall be fixed on the old or kammal rate recorded in the books of the
Collector; and if no such rate is recorded or if the rate so recorded is
objected to by the holder or proprietor of the alienated village, the cess
may be fixed as agreed upon by the Collector in agreement with the
district panchayat which shall pass a special resolution to that effect and
such holder or proprietor, or, failing agreement, by a rough survey and
assessment to be made by the State Government the expense of such
rough survey being borne half by the district panchayat and half by the
holder or proprietor of such village.
Bom. VII of 193. The State Government may levy a cess not exceeding twenty paise on every Levy of cess
1879. rupee of water rate leviable under the provisions of the Bombay Irrigation Act, 1879. on water
rate.

194. The cess described in section 191 shall be levied, so far as may be, in the Manner of
same manner, and under the same provisions of law as the land revenue : levying cess
described in
Bom. LXVII Provided that, in the case of any land in the possession of a tenant if such tenant is section 191.
of 1948. liable to pay the land revenue in respect of such land under the provisions of the Bombay
Bom. XCIX Tenancy and Agricultural Lands Act, 1948, or the Bombay Tenancy and Agricultural
of 1959. Lands (Vidarbh Region and Kutch Area) Act, 1958, such tenant shall be primarily liable
for the payment of cess in respect of such land.
195. The cess described in section 193 shall be levied so far as may be, in the same Manner of
Bom. VII of manner, and under the same provision of law, as water rates payable to the State levying cess
1879. described in
Government under the Bombay Irrigation Act, 1879, section 193.

196. The provision of law relating to the assistance to be given to superior holders Assistance
and owners of water-courses for the recovery of their dues from their tenants and occupants to superior
under them, or from persons authorised to use their water-courses shall be applicable to all holders.
superior holders, whether of alienated or unalienated land, and to all owners of water-
courses in respect of the recovery of the said cesses from their tenants, occupants or persons
authorised to use their water-courses, and shall be applicable also to occupants of land
under the Land Revenue Code for the recovery of the said cesses from their tenants or joint
occupants.
Collection 197. The local cess leviable on water rate under section 193 in respect of lands shall
and credit of be paid by the State Government to the taluka panchayat within the jurisdiction of which
local cess on the lands are situated, after deducting such portion thereof as cost of collection, as the State
water rates.
Government may prescribe by rules.
Collection 198. The local cess leviable on lands under section 191 shall be paid by the State
and credit
Government to the district panchayat within the jurisdiction of which lands are situated,
of local cess
of land after deducting such portion thereof as cost of collection, as the State Government may
revenue. prescribe by rules.

Suspension 199. The State Government may, on the application of the district panchayat to
and
remission of which the cess is payable, suspend or remit the collection of cess or any portion thereof in
local cess. any year in any area, subject to the jurisdiction of such district panchayat.
PART- II
Taxation by village Panchayats.
Levy of 200 (1) Subject to any general or special order (including an order fixing the
taxes and minimum and maximum rates of a tax or fee) which the State Government may make in
fees by
village this behalf, it shall be competent to a village panchayat to levy all or any of the following
panchayats. taxes and fee at such rates as may be decided by it and in such manner and subject to such
exemptions as may be prescribed, namely :-
(i) a tax on buildings (whether subject to payment of agricultural assessment
or not) and lands (which are not subject to payment of agricultural
assessment) within the limits of the village ;
1993 : Guj. 18] Gujarat Panchayats Act, 1993 73

1
[(i-a) a tax on mobile towers;] ;
2
(ii) [ * * * *
(iii) a pilgrim tax ;
(iv) a tax on fairs, festivals and other entertainments not being a tax on
payments for admission to any entertainments ;
(v) a tax on vehicles, boats or animals used for riding, draught or burden,
kept for use within the village, whether they are actually kept within or
outside the village ;
(vi) a toll on vehicles and animals used as aforesaid entering the village but
not liable to taxation under clause (v) of this sub-section ;
(vii) a tax on dogs kept within the village;
(viii) a general sanitary cess for the construction or maintenance of, public
latrines and for the removal and disposal of refuse ;
(ix) a general water rate which may be imposed in the form of a rate assessed
on buildings and lands or in any other form as may be best adapted to the
circumstances of any class of cases ;
(x) any other prescribed tax (not being a toll on motor vehicles or trailers, Bom. LVX
save as provided by section 20 of the Bombay Motor Vehicles Tax Act, of 1958.
1958 or tax on professions, trades, callings and employments or a tax on
payments for admission to any entertainment) which the State Legislature
has under the Constitution, powers to impose in the State ;
(xi) a fee on markets and weekly bazars ;
(xii) a fee on cart-stands and tonga-stands ;

(xiii) a special water rate for water supplied by the panchayat through pipes,
which may be imposed in any form including that of charges for such
water supplied fixed in such mode or modes as shall be best adapted in
the circumstances of any class of cases;
(xiv) a fee for the supply of water from wells and tanks vesting in it, for
purposes other than domestic use and for cattle ;
(xv) fee for temporary erection, on, or putting up projections over, or
temporary occupation of, any public street or place ;
(xvi) a special sanitary cess upon private latrines, premises or compounds
cleaned by the panchayat agency ;
(xvii) a drainage tax ;
(xviii) a lighting tax ;
(xix) a fee for cleansing a cess pool constructed on land whether belonging to a
panchayat or not ;
(xx) a fee for grazing cattle on grazing lands vesting in a panchayat ;
(xxi) in lieu of any two or more separate taxes specified in clauses (i), (viii),
(ix) and (xviii), a consolidated tax on buildings or lands or both situated
within the limits of the village.
(2) The duties and obligation of persons liable to any tax or fee under sub-section
(1) shall be such as may be prescribed.
(3) Rules made under sub-section (1) may, interalia provide,—
(a) for the assignment and payment of a part of the proceeds of pilgrim tax
levied by village panchayat to a district panchayat or taluka panchayat to such extent
and in such circumstances and on such conditions as may be prescribed;
(b) for lump sum payment of tax on vehicles or animals by persons liable to
pay such tax.

1
Clause (i-a) was inserted by Guj. 21 of 2011, s.14(1)
2
Clause (ii) was deleted, by Guj. 12 of 2001, s.3.
 74 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(4) The tax on buildings or lands referred to in clauses (i) and (xxi)
of sub-section (1) shall be leviable from the owners or occupiers thereof :
Provided that when an owner of a building or land has left the village or cannot
otherwise be found, any person to whom such building or land has been transferred shall be
liable for the tax leviable from the owner.
1
[(4A) a tax on mobile towers referred to in clause (i-a) of sub-section (1) shall be
levied from the person engaged in providing telecommunication services through such
mobile towers.]
(5) The State Government may, by notification in the Official Gazette. direct that
the tax upon buildings or lands referred to in clause (i) of sub-section (1) shall not be levied,
or shall be levied on such reduced sale on all buildings and lands or on any class of
buildings or lands situated in an area predominantly populated by members of Scheduled
Castes or Scheduled Tribes.
(6) Any person aggrieved by the assessment, levy or imposition of any tax or fee
may appeal to the district panchayat within the prescribed period.
(7) No such appeal shall be entertained unless the amount claimed from the
appellant has been deposited by the appellant with the panchayat.
(8) The State Government may suspend the levy or imposition of any tax or fee
and may at any time rescind such suspension.
201. (1) Subject to any rules that may be made under this Act, and regard being had Lump-sum
to the fact that a factory itself provides in the factory area all or any of the amenities which contribution
by factories
such panchayat provides, village any factory with the sanction of the State Government to in lieu of
receive a lump-sum contribution in lieu of all or any of the taxes levied by the panchayat. taxes levied
by
panchayat.

(2) Where no such agreement as is referred to in sub-section (1) can be reached, the
matter may be referred to the State Government in the manner prescribed and the State
Government, may after giving to the panchayat and the factory concerned an opportunity
of being heard decide the amount of such contribution. The decision of the State
Government shall be binding on the panchayat and the factory concerned.
(3) In the case of any matter referred to the State Government under sub-section (2),
the State Government may, subject to such condition as it may think fit to impose having
regard to the circumstances of the case, by order in writing direct the panchayat to stay the
collection or recovery from the factory of all or any of the taxes until the State Government
decides the matter under sub-section (2).
Framing of 202. (1) It shall be lawful for a village panchayat to lease by public
fees on
markets, etc. auction or private contract the collecting of any fees levied by it on markets
and weekly bazars 2[ * * * ]:
Provided that the lessee shall give security for the due fulfilment of the conditions of
the lease.
(2) All sum payable under the terms and conditions of the lease, if not paid, shall be
recoverable as arrears of land revenue.
(3) The lessee and every person employed by the lessee to assist him in the
collection of the fees 3[ * * * ] shall be deemed to be appointed by
the panchayat to collect the same under this Act and shall exercise all the powers and be
subject to all the responsibilities attaching to persons appointed to collect such fees
2
[ * * * ] under this Act.
(4) Any rules or orders for the levy, collection and recovery of any such fees
4
[* * * * ] shall have effect subject to the provisions of this
section.
Levy and
Collection
203. (1) A village panchayat may by resolution passed by its meeting, apply to levy
up to twenty
five paise as 1
cess on Sub-section (4A) was inserted by Guj. 21 of 2011, S.14(2).
every rupee 2
of land The words "or the collecting of octroi" were deleted by Guj. 12 of 2001, s. 4(a).
3
revenue. The words " or octroi, as the case may be" occuring at two places, were deleted,
ibid., s. 4(b).
4
The words "or octroi, as the case may be" were deleted, ibid., s. 4(c).
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 75

a cess at the rate not exceeding twenty-five paise, according to its needs and capacity, on
every rupee of every sum payable to the State Government as land revenue, and on which a
cess is leviable under clauses (a), (b) and (c) of sub-section (1) of section 191 and thereupon
the State Government shall (in addition to any cess leviable under section 191) levy and
collect such cess in the area within the jurisdiction of such panchayat.
(2) Where a village panchayat undertakes for the benefit of the community any
special work or project so as to complete it within a specified period and for that purpose an
additional provision of funds is necessary, the panchayat may by resolution passed at its
meeting and with the previous permission of the district panchayat apply, to the State
Government to increase the rate of cess levied in accordance with sub-section (1) to such
extent and for such period as may be specified in the resolution :
Provided that such increase shall not exceed one hundred paise on every rupee of
every sum payable to the State Government as ordinary land revenue.
(3) On receipt of an application under sub-section (1) or (2) the State Government
shall levy the cess or increase the rate thereof as proposed by the panchayat and sub-section
(1) shall have effect accordingly.
(4) The net proceeds (after deducting the expenses of assessment and collection) of
any cess levied and collected in accordance with sub-section (1) shall form part of and be
paid into the Village fund.
(5) The State Government may, at the request of the panchayat to which the cess
referred to in sub-section (1) is payable, suspend the collection of the cess or any portion
thereof in any year.
Power of 204. (1) If the income of a village panchayat falls below what in the opinion of a
taluka
taluka panchayat is necessary for the proper discharge of the duties specified in Schedule I,
panchayat to
increase the taluka panchayat may after having given such panchayat an opportunity of being heard,
taxation of require it to take steps within six months, to increase its income to such extent as the taluka
panchayat. panchayat considers necessary. If the village panchayat fails to take adequate steps to
increase it income to the required extent, the taluka panchayat may require it to levy any
of the taxes or fees specified in section 200 or increase the rate at which any of the such
taxes and fees is levied and it shall be the duty of the panchayat to comply with the
requirement :

Provided that the taluka panchayat shall not compel the panchayat to levy any tax or
fee or increase the rate thereof beyond the maximum rate prescribed in this behalf.

(2) The Panchayat in respect of which an order under sub-section (1) is made by
the taluka panchayat may within the prescribed period prefer an appeal to the district
panchayat, which may pass such orders on the appeal as it may think just and proper. The
district panchayat may stay the execution of the order until the appeal is decided.

205. If under clause (a) of item 4 of Schedule 1, a village panchayat incurs any Recovery of
cost of
expenditure on watch and ward of the village and of the crops therein the cost of such watch and
watch and ward shall be levied and recovered by the panchayat from such persons and in ward.
such manner (including the levying of a fee) as may be prescribed.

PART III

TAXATION BY TALUKA PANCHAYAT

206. (1) Subject to any general/special orders which the State Government may Taxes and
make in this behalf, every taluka panchayat may after observing the preliminary procedure fees which
may be
required by section 212 impose an education cess and any of taxes and fees which are imposed by
leviable by a village panchayat under section 200: taluka
panchayat
Provided that the rate of tax or fee leviable by a taluka panchayat in respect of any and mode of
collection
matter within the limits of any village shall not exceed 15 per cent. of the rate of the tax or thereof.
fee actually levied by the village panchayat in respect of the same matter, and where no
such tax or fee has been levied by the village panchayat, shall not exceed 15 per cent of the
 76 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

prescribed maximum rate of tax or fee in respect of the same matter :

Provided further that—

(i) no tax imposed as aforesaid other than a special sanitary cess or a water rate,
shall without the express consent of the Government or, as the case may be, the district
panchayat concerned be leviable in respect of any building or part of any building or any
vehicle, animal or other property, belonging to the Government or the district panchayat
and used solely for public purposes, and not used or intended to be used for purposes of
profit and no toll shall be leviable for passage of troops, the conveyance of Government
stores or of any other Government property, the passage of Military or Police Officers on
duty, or the passage or conveyance of any person or property in the custody of such officer;
and

(ii) no tax on property shall be imposed in respect of any land on which local
cess is being collected.

(2) (a) Where in the exercise of the powers under sub-section (1) a taluka
panchayat imposes a tax or fee in any area within the jurisdiction of a village
panchayat, such tax or fee shall be collected by the village panchayat concerned from
those persons who are liable to pay the same under the rules made by the taluka
panchayat in accordance with the provisions of section 215 as if it were a tax or fee
imposed by the village panchayat concerned under provisions of this Act and shall be
paid to the taluka panchayat at such time and in such manner as the taluka panchayat
may specify.

(b) Such percentage not exceeding 50 per cent. of the gross collection of such
tax or fee in any financial year as the State Government may by general or special
order determine shall not from part of the taluka fund but shall be assigned to the
village panchayat in such manner as the taluka panchayat may determine.

(c) If any panchayat makes any default in the payment of any sum due in
respect of a tax or fee within the time specified under clause (a), the provisions of
section 211 shall mutatis mutandis apply to such default and the taluka panchayat shall
exercise the same powers as are exercisable by a district panchayat under that section.

207. (1) A taluka panchayat may, by resolution passed at its meeting, apply to the
Increase of State Government for increasing the rate of stamp duty leviable under the Bombay Stamp Bom. LX of
stamp duty Act, 1958 on instruments of sale, mortgage, lease or any other kind of transfer of 1958.
for a taluka
panchayat. immovable property situated within the limits of the taluka, to such extent as not exceed 15
per cent. of the rate of duty so leviable and specified in the resolution.

(2) Notwithstanding anything contained in the Bombay Stamp Act, 1958 on Bom. LX of
1958.
receipt of an application under sub-section (1) the State Government shall by notification
published in the Official Gazette, direct that the rate of stamp duty on the class of
instruments specified in the notification and affecting the immovable property situated
within the taluka shall be increased to the extent specified in the notification with effect
from the date specified in the notification and thereupon, the rate of stamp duty shall stand
increased accordingly.

(3) For the purpose of this section, section 28 of the Bombay Stamp Act, 1958, Bom. LX of
shall be read as if it specifically required the particulars therein referred to be forth 1958.
separately in respect of—

(a) property situated in the jurisdiction of any taluka panchayat; and

(b) property not situated in the jurisdiction of any taluka panchayat.

(4) The increase in stamp duty in respect of any class of instruments under this
section shall be in addition to any increase made therein in respect of the same class of
instruments for a district panchayat under section 209.

(5) The State Government shall, every year after due appropriation made by law
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 77

in this behalf, pay to the taluka panchayat from the Consolidated Fund of the State, a grant-
in-aid approximately equal to the extra duty realised under sub-section (1) in respect of
properties situated within the jurisdiction of the taluka panchayat.

PART IV

TAXATION BY DISTRICT PANCHAYAT

Taxes which 208. Subject to any general or special orders which the State Government may make
may be
imposed by in this behalf, every district panchayat may, after observing the preliminary procedure
a district required by section 212 impose any of the taxes and fees which are leviable by a village
panchayat. panchayat under section 200 :

Provided that the rate of tax or fee leviable by a district panchayat in respect of any
matter within the limits of any village shall not exceed 10 per cent. of the rate of the tax or
fee actually levied by the village panchayat in respect of the same matter, and where no
such tax or fee has been levied by the village panchayat shall not exceed 10 per cent . of the
prescribed maximum rate of tax or fee in respect of the same matter;

Provided further that—

(i) no tax imposed as aforesaid other than a special sanitary cess or a water rate,
shall without the express consent of the Government or, as the case may be, the taluka
panchayats concerned be leviable in respect of any building or part of any building or
any vehicle, animal or other property belonging to the Government or to the taluka
panchayat and used solely for public purposes, and not used or intended to be used for
purposes of profit and no toll shall be leviable for passage of troops the conveyance of
Government stores or of any other Government property the passage of Military or
Police Officers on duty, or the passage or conveyance of any person or property in
the custody of such officers; and

(ii) no tax on property shall be imposed in respect of any land on which local
;
cess is being collected.
209. (i) A district panchayat may, by resolution passed at its meeting apply to the Increase of
State Government, for increasing the rate of stamp duty leviable under the Bombay Stamp stamp duty
Bom. LV of for a district
1958. Act, 1958 on instruments of sale, mortgage, lease or any other kind of transfer of panchayat.
immovable property situated within the limits of the district, to such extent as not to exceed
20 per cent. of the rate of duty so leviable and specified in the resolution.
Bom. LV of (2) Notwithstanding anything contained in the Bombay Stamp Act, 1958 on
1958. receipt of an application under sub-section (1), the State Government shall by notification
published in the Official Gazette direct that the rate of stamp duty on the class of
instruments specified in the notification and affecting the immovable property situated
within the district shall be increased to the extent specified in the notification with effect
from the date specified in the notification and thereupon, the rate of stamp duty shall stand
increased accordingly.
Bom. LV of (3) For the purpose of this section, section 28 of the Bombay Stamp Act, 1958,
1958. shall be read as if it specifically required the particulars therein referred to be set forth
separately in respect of-
(a) property situated in the jurisdiction of any district panchayat; and
(b) property not situated in the jurisdiction of any district panchayat.

(4) The increase in stamp duty in respect of any class of instruments under this
section shall be in addition to any increase made therein in respect of the same class of
instruments for a taluka panchayat under section 207.
(5) The State Government shall, every year after the due appropriation made by
law in this behalf, pay to the district panchayat from the Consolidated Fund of the State, a
 78 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

grant-in-aid approximately equal to the extra duty realised under sub-section (1) in respect
of properties situated within the jurisdiction of the district panchayat.
Tax on 210. Wherein exercise of the powers given by this Act, a district panchayat imposes
professions,
etc. levied by
any tax or fee then notwithstanding anything in this Act or any other law for the time being
district in force, in any area within the jurisdiction of a village panchayat -
panchayat to
be collected by (a) such tax or fee shall be collected by the village panchayat concerned from
village those persons who are liable to pay the tax or fee under the rules made by a
panchayat. district panchayat and who reside, or carry on any trade or exercise any
profession or follow a calling, within such area, in accordance with the
provisions of section 215, as if it were a tax or fee imposed by the village
panchayat under the provisions of this Act, and shall be paid to the district
panchayat at such time and in such manner as the district panchayat may
specify;
(b) such percentage not exceeding fifty per cent. of the gross collection of such
tax or fee in any financial year, as the State Government may by general or
special order determine shall not form part of the district fund, but shall be
assigned to the village panchayat, in such manner as the district panchayat
may determine.
211. (1) If any panchayat makes default in the payment of any sum due in respect of Default in
a tax on professions, trades, callings and employments, or any other tax or fee within the payment by
time specified by the district panchayat under clause (a) of section 210, the district panchayat.
panchayat may, notwithstanding any law relating to the funds vesting in such panchayat or
any other law for the time being in force direct any bank in which any moneys of the
panchayat are deposited or the person in charge of the Government treasury or any place of
security in which the moneys of the panchayat are deposited to pay such sum from such
moneys as may be standing to the credit of the panchayat in such bank or as may be in the
hands of such person or as may from time to time be received from or on behalf of the
panchayat by way of deposit by such bank or person and such bank or person shall be
bound to obey such order.
(2) Every payment made pursuant to an order under sub-section (1) shall be as
sufficient discharge to such bank or person from all liability to the panchayat in respect of
discharge of any sum so paid by it or him out of the moneys of the panchayat so deposited
with such bank or person.
PART V
PROCEDURE OF LEVYING TAX OR FEE BY TALUKA PANCHAYAT AND
DISTRICT PANCHAYAT.
Procedure of 212. (1) A taluka panchayat or, as the case may be, a district panchayat shall, before
taluka and
district
imposing a tax or fee, by resolution passed at a meeting of the panchayat-
panchayat
preliminary (a) select a tax or fee which may be imposed ; and
to imposing
tax. (b) approve rules describing the tax or fee selected; and
(c) shall in such resolution and in such rules specify--
(i) the class or classes of persons or of property, or both, which the panchayat
desire to make liable, any exemptions which it desires to give (including the
circumstances or principles on which exemptions can be given) and the
duties and obligations of persons liable to pay any such tax or fee ;
(ii) the amount for which, or the rate at which, it is desired to make such classes
liable; and
(iii) all other matters which the State Government may require to be so
specified.
(2) When such a resolution has been passed, the panchayat shall publish the rules
with a notice in the prescribed form and manner.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 79

(3) Any inhabitant of the taluka or, as the case may be, district objecting to the
imposition of the said tax or fee, or to the amount or rate proposed, or to the class of
persons or property to be made liable therefore or to any exemptions proposed, may,
within one month from the publication of the said notice, send his objections in writing to
the taluka panchayat or, district panchayat, as the case may be, and the panchayat shall
take all such objections into consideration, or shall authorise a committee of its members
to consider and report on them.
(4) The panchayat shall take proposals and all objections received thereto and the
report of the committee, if any, into consideration at a meeting and sanction the rules with
or without modifications.
Procedure 213. (1) The panchayat may, at a special meeting, pass a resolution to propose the
for
abolishing
abolition of any tax or fee already imposed or a variation in the amount or rate thereof.
or varying
a tax.
(2) Any such proposal shall be dealt with according to the procedure laid down in
section 212 for the imposition of a new tax or fee; and the notification of the abolition or
variation of a tax or fee under this section in the Official Gazette shall be conclusive proof
that such abolition or variation has been made in accordance with the provisions of this
Act.
(3) Nothing in this section shall affect the power of a panchayat to propose an
increase in rate of cess on land revenue or in the rate of stamp duty under the provisions of
sections 203, 207 and 209.

Publication 214. All rules sanctioned under section 212 shall be published in the prescribed
of manner by the taluka panchayat in the taluka and by district panchayat in the district for
sanctioned which they are made, and the tax as described in the rules so published shall, from the date
rules with
notice. specified in the notice under that section (such date not being less than one month from the
publication of such notice), be imposed accordingly:
Provided that-
(a) a tax leviable by the year—
(i) shall not come into force except on one of the following dates, that is to say,
the first day of April, the first day of July, the first day of October or the
first day of January, in any year, and
(ii) if it comes into force on any day other than the first day of April, it shall be
leviable by the quarter till the first day of April then next ensuing ;
(b) on or before the day on which a notice is issued, the panchayat shall publish
such further detailed rules as may be required, prescribing the mode of
levying and recovering the tax therein specified, and the dates on which the
tax or the instalments (if any), thereof, shall be payable; and
(c) if the levy of a tax, or of a special portion of tax, has been sanctioned for a
fixed period only, the levy shall cease at the conclusion of that period,
except as regards any unpaid arrears which have become due during the
period.
CHAPTER X
RECOVERY OF TAXES, FEES, CESSES AND OTHER DUES.
215. (1) When any tax or fee or any other sum has become due, a panchayat shall Recovery of
with the least practicable delay, cause to be presented to the person liable for the payment taxes and
other dues.
thereof a bill for the amount due from him, specifying the date on or before which the
amount shall be paid.
(2) If any person fails to pay any tax or fee or any other sum due from him to a
panchayat under this Act or the rules on or before the specified date of payment, he shall
pay to the panchayat by way of penalty in addition to the tax, fee or sum, as the case may
be, an amount equal to one per cent. of the amount of the tax or fee or sum, as the case may
 80 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

be, for each complete month during the time he continues to make default in the payment of
tax, fee or sum, as the case may be.
(3) In the case of a person who is a defaulter under sub-section (2) the panchayat
shall cause a writ of demand in the prescribed form to be served on such person.
(4) The presentation of every bill under sub-section (1) and the service of every
writ of demand under sub-section (2) shall be affected by an officer or servant of the
panchayat in this behalf—

(a) by giving or tendering the bill or writ to the person to whom it is

addressed ; or
(b) if such person is not found, by leaving the bill or writ at his last known
place of abode, if within the area of jurisdiction of the panchayat, or by
giving or tendering the bill or writ to some adult male member or servant of
his family ; or
(c) if such person does not reside in the area of jurisdiction of the panchayat
and his address elsewhere is known to the officer directing the issue of the
bill or writ then forwarding the bill or writ to such person by registered
post, under cover bearing the said address ; or
(d) if note of the means aforesaid be available, then causing the bill or writ to
be affixed on some conspicuous part of the building or land, if any, to
which the bill or writ relates in the presence of at least two panchas.

(5) If the sum for which a writ of demand has been served is not paid within thirty
days from the date of such service, the panchayat may levy such sum by distraint and sale
of the movable property of the defaulter in the prescribed manner.
(6) Fees for—
(a) every writ of demand issued under sub-section (2);
(b) every writ of demand made under sub-section (3) ;

(c) the cost of maintaining any livestock seized under sub-section (5) shall be
chargeable at such rates as may be prescribed.

(7) Notwithstanding anything contained in the foregoing sub-sections any tax or

fee payable on demand in accordance with the rules shall be recoverable in such manner as
may be prescribed.

(8) If a panchayat is unable to recover a tax or fee or other sum (including

penalty ) due to it as aforesaid, it shall be recoverable as an arrear of land revenue.

(9) If a panchayat fails to recover any tax, fee or any sum due to it, or neglects to
take action under sub-sections (2) and (5) of this section, the competent authority may
apply to the Collector to recover the same as an arrear of land revenue.

(10) On receipt of such application the Collector shall, after holding such inquiry as
he thinks fit, proceed to recover the sum as an arrear of land revenue unless such sum is,
under section 217 directed to be written off.

216. [ Penalty for evasion of octroi.] Deleted by Guj. 12 of 2001. s.5.

District 217. The District Development Officer may direct any sum certified by
Development
Officer's
a panchayat as recoverable as an arrear of land revenue to be written off,
power to if in his opinion the sum is irrecoverable :
direct
irrecoverable
sums to be
Provided that no sum exceeding five hundred rupees shall be written off except
written off. with the previous sanction of the State Government.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 81

CHAPTER XI

FINANCIAL ASSISTANCE TO PANCHAYATS

Provision by 218. The State Government shall, having regard to the recommendations, if any, of
the State the Finance Commission, in each year after due appropriation made by the State
Government
for making Legislature by law in this behalf make provision for making grants to the panchayats in
grans to accordance with this Chapter.
panchayats.

Extent of 219. (1) For the purposes of section 218, the State Government shall in each year
grants out of determine a sum which shall be equal to the average of the land revenue collected or
the average of recovered during the three preceding revenue years in the State.
three year's
collection of
land revenue. (2) Out of the sum determined under sub-section (1) an amount equal to--

(a) such percentage of the sum as may be prescribed shall be set apart for
meeting the expenditure on the salaries of the secretaries of village
panchayats and of the village accountants (talatis) in the State and on their
training ;

(b) five per cent, of the sum shall be paid into the State Equalisation Fund
established under section 220 :

Provided that in the case of a village panchayat of a Devasthan village the land
revenue in respect of which is wholly or partially alienated in favour of the Devasthan, the
village panchayat shall be paid in each year out of the State Equalisation Fund a sum on the
same basis as applicable to other villages under sub-section (3).

(3) Out of the balance remaining after making the provisions in accordance with
sub-section (2)-
(i) an amount equal to -
(a) 50 per cent. of the balance shall be distributed among the village panchayats ;
(b) 25 per cent. of the balance shall be distributed among the taluka panchayats ;
and
(c) 10 per cent. of the balance shall be distributed among the district panchayats in
proportion to the average collection and recovery of land revenue from the
respective village, taluka or, as the case may be, district panchayat in the three
revenue years immediately preceding ;
(ii) an amount equal to -

(a) 7 ½ per cent. of the balance shall be paid into the District Equalisation Fund
established under section 221.

(b) 7 ½ per cent. of the balance shall be paid into the District Gram
Encouragement Fund established under section 222.
State
220. (1) There shall be established by the State Government a fund to be called the Equalisation
State Equalisation Fund, which shall consist of the payments made into it under clause (b) Fund.
of sub-section (2) of section 219 and which shall be utilised for making special grants to
backward districts so as to minimise the social and economic inequalities between the
districts of the State.
(2) The fund established under sub-section (7) shall be non-lapsable.
(3) Special grants out of the said fund to district panchayats shall be made in
 82 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

accordance with the rules made in that behalf.

District
221. (1) In each district, there shall be established by the district panchayat, a fund to
Equalisation be called the District Equalisation Fund consisting of the payments made into it under sub-
Fund. clause (a) of clause (ii) of sub-section (3) of section 219 which shall be utilised by the
district panchayat for making special grants to the backward panchayats subordinate to it so
as to minimise the social and economic inequalities between the panchayats in the
district.
(2) The fund established under sub-section (1) shall be non-lapsable and shall be
invested in the prescribed manner.
(3) Special grants out of the said fund, shall be made in accordance with the rules
made in that behalf.
222. (1) In each district, there shall be established by the district panchayat a fund to District
be called the District Village Encouragement Fund which shall consist of the payments Village
Encourage-
made into it under sub-clause (b) of clause (ii) of sub-section (3) of section 219 and which ment Fund.
shall be utilised by the district panchayat for making incentive grants to village panchayats
to encourage them to raise their income by levying taxes and fees leviable by them under
this Act.
(2) The fund established under sub-section (1), shall be non-lapsable and shall be
invested in the prescribed manner.
(3) The fund shall be utilised for granting loans to village panchayats in
accordance with the rules and for payment of interest on contributions made by the said
panchayats.
(4) The State Government shall make rules prescribing the purposes for which
loans may be granted the terms and conditions (including the rate of interest and of penal
interest) on which such loans may be made, the period therefor and all matters incidental to
the grant of loans.
223. (1) In each district, there shall be established a fund to be called the District District
Development Fund which shall consist of the contributions made by the village panchayats Development
Fund.
under section 115.
(2) The fund shall vest in the district panchayat and shall be invested in the
prescribed manner.
(3) The fund shall be utilised for granting loans to village panchayats in accordance
with the rules and for payment of interest on contributions made by the said panchayats.
(4) The State Government shall make rules prescribing the purposes for which
loans may be granted, the terms and conditions (including the rate of interest and of penal
interest ) which such loans may be made, the period therefor and all matters incidental to
the grant of loans.
Grant of a 224. The State Government shall, after due appropriation made by the State
portion of
forest revenue Legislature by law in this behalf, pay to every district panchayat an amount equal to two
to District per cent. of the forest revenue collected in the revenue year immediately preceding within
panchayats. the limits of the district.
Grant from 225. Where any village is situate in a forest area and is not assessed under the
forest revenue Land Revenue Code then the State Government shall, in lieu of a grant of land revenue
to certain
village under section 219, pay to the village panchayat of the village, in each year such amount out
panchayats. of the forest revenue of the village collected in the revenue year immediately preceding, as
it may fix but the amount so fixed shall not be -
(2) less than Rs. 500, and
(3) more than an amount calculated on the basis of the population of the
village at such Per capita rate as is equal to the Per capita rate arrived at in respect of
grants made under section 219.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 83

CHAPTER XII
FINANCE COMMISSION
Finance
226. (1) In this section, the Commission means the Finance Commi-
Commission.
ssion constituted by the Governor pursuant to clause (1) of article 243-I of
the Constitution,
(2) The Commission shall consist of such number of members not exceeding five
including the Chairman as may be determined by the State Government.
(3) The Chairman of the Commission shall be selected from amongst persons
who have had experience in public affairs and the other members shall be selected from
among persons who -
(a) are, or have been, or are qualified to be appointed as judges of a High
Court ; or
(b) have special knowledge of the finances and accounts of Government and
local authorities ; or
(c) have had wide experience in financial matters and in administration ; or
(d) have special knowledge of economics.
(4) Every member of the Commission shall hold office for such period as may be
specified in the order of the Governor appointing him, but shall be eligible for
reappointment.
(5) (a) The Commission shall in the performance of their functions have all the
V of 1908.
powers of the civil court under the Code of Civil Procedure, 1908 while trying a suit in
respect of the following matters, namely-
(a) summoning and enforcing the attendance of witnesses ;
(b) requiring the production of any document ;
(c) requisitioning any public record from any Court or office;
(b) The commission shall have powers to require any person to furnish
information on such points and matters as in the opinion of the Commission may be useful
for or relevant to, any matter under the consideration of the Commission.

CHAPTER XIII

PROVISIONS RELATING TO SERVICES

227. (1) For the purpose of bringing about uniform scales of pay and uniform Panchayat
conditions of service for persons employed in the discharge of functions and duties of service to be
regulated by
panchayats, there shall be constituted a panchayat service in connection with the affairs of rules.
panchayats, such service shall be distinct from the State Service.
(2) The panchayat service shall consist of such classes, cadres and posts and the
initial strength of officers and servants in each such class and cadre shall be such, as the
State Government may, by order from time to time, determine:
Provided that nothing in this sub-section shall prevent a district panchayat from
altering, with the previous approval of the State Government, any class, cadre or number of
posts so determined by the State Government.
(3) (a) The cadres referred to in sub-section (2) may consist of district
cadres, taluka cadres and local cadres.
(b) A servant belonging to a district cadre shall be liable to be posted whether
by promotion or transfer to any post in any taluka in the district.
(c) A servant belonging to taluka cadre shall be liable to be posted, whether by
promotion or transfer to any post in any village in the same taluka.
 84 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(d) A servant belonging to a local cadre shall be liable to be posted whether by

promotion or transfer to any post in the same village.

(4) In addition to the posts in the cadres referred to in sub-section (3), a

panchayat may have such other posts of such classes as the State Government may by
general or special order determine. Such posts shall be called "deputation posts" and
shall be filled in accordance with the provisions of section 231.
(5) Subject to the provisions of this Act, the State Government may make
rules regulating the mode of recruitment either by holding examinations or otherwise
and conditions of service of persons appointed to the panchayat service and the powers
in respect of appointments, transfers and promotions of officers and servants in the
panchayat service and disciplinary action against any such officers or servants.
(6) Rules made under sub-section (5) shall in particular contain -

(a) a provision entitling servants of such cadres in the panchayat service to

promotion to such cadre in the State service as may be prescribed,
(b) a provision specifying the classes of posts recruitment to which shall be
made through the District Panchayat Service Selection Committee and the
classes of posts, recruitment to which shall be made by Gujarat Panchayat
Service Selection Board, and
(c) a provision regarding the percentage of vacancies to be reserved for
the members of Scheduled Castes, Scheduled Tribes and other back
ward classes in the panchayat service.
(7) Such rules may provide for inter-district transfers of servants belonging to
the panchayat service and the circumstances in which and the conditions subject to
which such transfers may be made.

(8) The promotion of a servant in a cadre in the panchayat service to a cadre in

the State service in accordance with rules made under clause (a) of sub-section (6)
shall not affect—

(a) any obligation or liability incurred or default committed by such servant

during the period of his service in a cadre in the panchayat service while
acting or purporting to act in the discharge of his duties as such servant, or
(b) any investigation, disciplinary action or remedy in respect of such
obligation, liability or default, and any such investigation, disciplinary
action or remedy may be instituted, continued or enforced in accordance
with the law applicable thereto during the said period of service by such
authority as the State Government may by general or special order specify
in this behalf.
Expenditure 228. Subject to the rules, which the State Government may make in this behalf, the
towards pay,
allowances,
expenditure towards the pay and allowances of and other benefits available, to an officer or
etc., of servant of the panchayat service serving for the time being under any panchayat shall be
officers and met by that panchayat from its own fund.
servants in
panchayat
service to be
met by
panchayats.

Mode of 229. Subject to any rules made under section 227 appointments to the
appointment.
posts in the panchayat service shall be made—
(i) by direct recruitment,
(ii) by promotion, or
(iii) by transfer of a member of the States service to the panchayat service.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 85

Allocation of 230. (1) The State Government shall, by a general or special order, allocate to the
officers and panchayat service—
servants to
panchayat (i) Such number of officers and servants, out of the staff allotted or
services. transferred to a panchayat under sections 175 and 276 as it may deem fit,
(ii) all officers and servants of the nagar panchayats dissolved under section
261,
(iii) such other officers and servants employed in the State service as may be
necessary to enable the panchayats to discharge efficiently their functions
and duties under this Act.
(2) The Officers and servants allocated to the panchayat service under sub-section (1),
shall be taken over by such panchayats in such cadre, on such tenure, remuneration and other
conditions of service, as the State Government may, by general or special order determine :
Provided that the conditions of service of any such officer or servant shall not be
less favourable than those applicable to him immediately before such allocation.
Allocation to 231.(1) Notwithstanding anything contained in section 230, the allocation to the
panchayat
panchayat service made under section 230 of officers or servants allotted or transferred to a
service to be
provisional panchayat under section 175, shall initially be provisional and it shall be lawful for the
for certain State Government to review their allocation within a period of four years from such
period and allocation or transfer, and if necessary, to reallocate by an order made in that behalf any of
re-allocation such officers or servants to the State service for any of the following reasons, namely :—
of officers
and servants
to State
(i) if out of the officers and servants so allocated, any officers or servants
services. are found to be surplus in any category of the panchayat service ;
(ii) if in the interest of public service it is considered necessary to recall any
such officer or servant ;
(iii) if in pursuance of any information called for in this behalf by or on
behalf of the State Government at any time within the aforesaid period of
four years, any such officer or servant has preferred to revert to the State
service and after taking into consideration the exigencies of service in the
panchayat organisation, and also of service under the State Government,
the State Government thinks fit to recall such officer or servant.
(iv) any other reason prescribed by rules.
(2) Any officer or servant who is not re-allocated under sub-section (1) and continues
in the panchayat service immediately before the expiry of the aforesaid period of four years,
shall on such expiry, be deemed to be finally allocated to the panchayat service.

(3) The conditions of service of an officer or servant re-allocated to the State service
shall not be less favourable than those applicable to him immediately before such re-
allocation.

(4) The re-allocation of any officer or servant to the State service under sub-
Guj. Ord.2 of
section (1) whether made before or after the commencement of 'the Gujarat Panchayats and
1964. the Gujarat New Capital (Periphery) Control (Amendment) Ordinance, 1964', shall not
affect-

(a) any obligation or liability incurred or default commuted by such officer or servant
during the period of his allocation to the panchayats service while acting or purporting to
act in the discharge of his duties as such officer or servant, and

(b) any investigation, disciplinary action or remedy in respect of such obligation,

liability or default ;

and any such investigation, disciplinary action or remedy may be instituted, continued or
enforced in accordance with the law applicable thereto during the said period of allocation
 86 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

by such authority as the State Government may by general or special order specify in this
behalf.

232. (1) For the purpose of enabling the panchayats to discharge their functions and Posting under
duties under this Act, it shall be lawful for the State Government to direct by a general or panchayats of
officers and
special order that such number of officers of the Indian Administrative Service and of Class servants in
1 and Class II services of the State and such number of officers or servants allotted or the state
transferred to a panchayat under section 175 but not allocated to the panchayat service service.
under section 230 shall be posted under such panchayat and for such period and subject to
such conditions as may be specified in the order and accordingly the officers specified in
the order shall be posted under such panchayat.
(2) The pay and allowances of an officer posted in accordance with sub-section (1)
shall during the period of posting, be paid by the panchayat from its fund.

(3) Notwithstanding anything contained in sub-section (1), if in the opinion of the

State Government, it is necessary so to do in the public interest, it shall be lawful for the
State Government to post by an order in writing any servant of class III services of the
State under such panchayat, and for such period and subject to such conditions as may be
specified in the order, and accordingly the servant specified in the order, shall be posted
under such panchayat and the provisions of sub-section (2) shall apply to such servant as
they apply to an officer posted in accordance with sub-section (1).
(4) The procedure in respect of disciplinary action against any officer or servant
posted under a panchayat otherwise than as a member of the panchayat service, the
authorities competent to take such action and the powers of such authorities shall be such
as may be prescribed.
233. Any panchayat may, subject to the rules made in this behalf, obtain the services Loan services
of any officer of Government on loan. of
Government
officer to
panchayats.
XIV of 1947. 234. Notwithstanding anything contained in the Industrial Disputes Act, 1947, or No
any other law for the time being in force, the allocation of any officer or servant to the compensation
panchayat service under section 230, shall not entitle such officer or servant to any payable for
transfer of
compensation under that Act or law and no claim for any such compensation shall be
service.
entertained by any Court, Tribunal, or Authority.

235. (1) There shall be established a Gujarat Panchayat Service Selection Board Gujarat
panchayat
consisting of five members including the Chairman. service
(2) At least one of the members of the Board shall be a person who is a member of selection
Board, its
the State service or has retired from such service. constitution
and function.
(3) Subject to sub-sections (1) and (2), the State Government shall appoint as
members of the Board such persons as it may think fit and out of the persons so appointed,
appoint one person as the Chairman of the Board.

(4) A member of the Board shall hold office for a term of six years from the date he
enters upon his office or until he attains the age of sixty two years, whichever is earlier and
shall be eligible for re-appointment to that office for a further term of six years only :

Provided that no person appointed as member shall continue to hold his office as
such after he attains the age of sixty two years.

(5) The conditions of service (including pay and allowances) of the members of
the Board shall be such as the State Government may, by order determine.

(6) It shall be the duty of the Board to select candidates for recruitment to such
posts in the panchayat service, and to advise the panchayat in such matters as may be
prescribed by rules.

(7) The Board shall perform such other functions as provided by or under this Act.

District 236. (1) There shall be a District Panchayat Service Selection Committee in each
Panchayat district for selecting candidates for recruitment to such posts of the panchayat service and to
Service
Selection
Committee and
District
Primary
Education Staff
Selection
committee.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 87

advise the panchayats in such matters and to perform such other functions as may be
prescribed.

(2) A District Panchayat Service Selection Committee shall consist of-

(a) one member of the Gujarat Panchayat Service Selection Board to be

nominated by the Chairman of that Board,

(b) the President of the district panchayat of the district, and

(c) such officer of the panchayat service or State service as the State
Government may nominate.

(3) (a) In Addition to the District Panchayat Service Selection Committee, the
State Government may appoint in each district a District Primary Education Staff Selection
Committee for the recruitment of primary teachers and such other staff in connection with
primary education as may be prescribed.

(b) The constitution, powers and duties of such a committee shall be such as
may be prescribed.

CHAPTER XIV

CONTROL
Power of
Government to 237. Nothing in this Act shall affect the power of the State Government to prepare
prepare State for the whole State the Five Year Plan or the project and programmes relating to the
wise projects, construction of roads, water supply, or any other matter or to undertake any project or
etc. not affected. programme concerning a district or more districts.

Panchayats to 238. The village panchayats, taluka panchayats, and district panchayats, notwith-
form part of
State wise standing that they are separate bodies corporate having distinct territorial jurisdiction and
Panchayats distinct functions to perform-
Organisation
and to perform (1) shall form part of the panchayat organisation set up for the purpose of securing a
function so as to greater measure of participation by the people of the State in local and governmental
carry out the
state policy.
functions ;

(2) shall perform the functions and duties assigned to them by or under this Act so as
to conform to the State Five Year Plans and the National Five Year Plans and to the State
policy in general and shall give effect to such general or special directions as the State
Government may from time to time by order in writing issue in that behalf;
(3) shall carry their administration faithfully and efficiently.
239. (1) If in respect of any matter which is to be dealt with by a panchayat, the Panchayat
to invite
State Government so directs by a general or special order, it shall be the duty of the designated
panchayat to invite such officer or person as may be designated by the State Government as officer or
an officer or person possessing technical knowledge and experience pertaining to such person to
matter to attend the meeting of the panchayat or, as the case may be, of its committee attend
meetings.
whenever such matter is to be dealt with thereat.
(2) Where, upon such invitation, any such officer or person attends any
meeting of the panchayat or, as the case may be, of its committee, he shall be entitled to
take part in the discussion which may be held in respect of matter at the meeting but shall
not be entitled to vote.
(3) Where any such officer or person attends any such meeting he shall
be paid such allowances at such rates as may be prescribed.
 88 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

Power of 240. Where the functions and duties assigned to village panchayats, taluka
Government panchayats and district panchayats under the Panchayats Functions List relate to the same
to issue subject, then in order that the functions and duties may not overlap or that the responsibility
directions.
for performing any such function or duty is not shifted by one panchayat to another on
account of any ambiguity of misunderstanding, the State Government may, from time to
time, by an order in writing issue to all or any of the panchayats such directions, as it
may think necessary for avoiding any such overlapping of functions, or shifting of the
responsibility and the panchayats shall be bound to exercise their powers, and perform their
functions and duties in conformity with such directions.
241. (1) Subject to the provisions of sub-section (2), no work or development Necessity of
scheme which a panchayat intends to undertake as part of its functions and duties under administrative
this Act shall be commenced unless a detailed estimate of the cost of such work or sanction, etc. to
development scheme has been approved by the panchayat and the plan thereof is approved work of
schemes, grant-
by the prescribed authority. in-aid and
acquisition of
(2) No such work or development scheme shall be commenced and no grant-in-aid property.
shall be made by a panchayat from its fund unless previous sanction has been accorded
thereto by such authority as may be prescribed by rules in that behalf.
(3) Subject to such exceptions as may be prescribed no property shall be acquired by
a panchayat unless previous sanction has been accorded thereto by such authority as may
be prescribed.
242. (1) Save as otherwise provided in this Act, an appeal shall lie to the district Appeals against
order of village
panchayat against any order or decision of a village panchayat or taluka panchayat
panchayat.
affecting any individual or institution.
(2) Such appeal shall be made within a period of thirty days from the date of the
order or decision.
(3) The district panchayat may pass such order on the appeal as it may deem just
and proper and the order on appeal shall be final.
243. (1) Notwithstanding anything contained in section 145, the appellate powers Appeal
Committee
conferred on a district panchayat under sections 104, 200, and 241 shall be exercisable by to exercise
an Appeal Committee of the district panchayat, which shall consist of the President of the appellate
panchayat and four other members of the panchayats as may be chosen by the panchayat powers of
from amongst its members. district
panchayats.
(2) The President of the panchayat shall be ex-officio Chairman of the
Appeal Committee.
(3) The term of the Appeal Committee shall be two years.

(4) A member chosen on the Appeal committee may resign from membership of the
Committee by tendering his resignation to the Chairman.

(5) The State Government shall make rules consistent with this Act to regulate the
procedure that the Appeal Committee shall follow in exercising its appellate powers and
such rules may provide for-

(a) the sitting of the members of the committee in benches constituted by the
President or such other member of the committee as is authorised by him ;
and

(b) the mode of settling differences of opinion which may arise between the
members of a bench.

(6) The appellate powers as aforesaid shall include power to grant temporary
injunction or to issue a direction to stay the execution of the decision or order appealed
against until the disposal of the appeal or to make such other interlocutory orders as may
appear to be just and convenient and such power may be exercised by the Chairman of the
Appeal Committee.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 89

(7) Any decision given by the Appeal Committee in the exercise of the powers
conferred on it by this section shall be deemed to be the decision of the district panchayat.
To whom
appeal may be
244. An appeal to be made to a district panchayat shall be in writing and addressed
addressed, etc. to the District Development Officer. It may be sent to the District Development Officer by
registered post or presented to him in person. Every such appeal shall be accompanied by
the decision or order appealed against or by a certified copy thereof.
Power to call 245. (1) The district panchayat shall have power—
for proceedings.
(a) to call for any proceeding of any panchayat subordinate to it or an extract
therefrom, any book or document in the possession of or under the control of any such
subordinate panchayat and any return, statement, account or report which the district
panchayat thinks fit to require such panchayat. to furnish, and

(b) to require any such subordinate panchayat to take into consideration—

(i) any objection which appears to the district panchayat to exist to. the doing
of anything which is about to be done or is being done by such subordinate panchayat,
or

(ii) any information which the district panchayat is able to furnish and which
appears to the district panchayat to necessitate the doing of a certain thing by the
subordinate panchayat, and to make a written reply to the district panchayat within a
reasonable time stating its reasons for not desisting from doing or for not doing such
things.

(2) An officer authorised by the State Government in this behalf by a general or

special order shall, in respect of a district panchayat have the same powers as a district
panchayat has under sub-section (1) in respect of a panchayat subordinate to it.
Powers of entry. 246. (1) The district panchayat may authorise its President, Vice-President or
Secretary to enter on and inspect, or cause to be entered on and inspected, at all reasonable
times any immovable property occupied by any subordinate panchayat or any work in
progress under its direction and also to enter or cause to be entered the office of such
panchayat and inspect or cause to be inspected any record, register or other document kept
therein and such panchayat shall comply with the inspection notes, if any, made by the
person making such inspection.

(2) The taluka panchayat, if so empowered by the State Government may authorise
its President, Vice-President or Secretary to enter on and inspect, or cause to be entered on
and inspected, at all reasonable times any immovable property occupied by any subordinate
panchayat or any work in progress under its direction and also to enter or cause to be
entered the office of any such panchayat and inspect or cause to be inspected any record,
register or other document kept therein and such panchayat shall comply with the
inspection notes, if any, made by the person making such inspection.

247. An officer authorised by the State Government in this behalf by general or Powers of
special order may enter on and inspect or cause to be entered on and inspected, at all Officer of
State
reasonable times any immovable property occupied by any panchayat or any work in Government
progress under its direction and also enter the office of any panchayat and inspect any regarding
record, register or other documents kept therein and the panchayat shall comply with the, inspection.
inspection notes, if any, made by such officer.

248. (1) If in the opinion of the district panchayat the number of persons Reduction of
maintained by a panchayat subordinate to it as officers or servants, or the remuneration establishment.
given or proposed to be given by the panchayat to such persons is excessive, the panchayat
shall, on being required by the district panchayat, reduce such number or remuneration,

(2) The panchayat may appeal to the State Government or an officer authorised by it
in that behalf against any requisition made under sub-section (1), and the decision of the
State Government or the officer so authorised shall be final.
 90 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

249.(1) If, in the opinion of the Taluka Development Officer the execution of any
order or resolution of a panchayat subordinate to the taluka panchayat or the doing of Suspension
of execution
anything which is about to be done, or is being done by or on behalf of such panchayat, is
of order.
unlawful, he may by order in writing suspend the execution or prohibit the doing thereof.

(2) When the Taluka Development Officer makes an order under sub-section (1), he
shall forthwith send to the panchayat affected thereby a copy of the order, with a statement
of the reasons therefor.

(3) The Taluka Development Officer shall forthwith submit to the District
Development Officer a report, of every case occuring under this section and the District
Development Officer nay revise of' modify any order made therein and make in respect
thereof any other order which the Taluka Development Officer could have made.

(4) The District Development Officer in respect of a taluka panchayat or a village

panchayat shall have the same powers as Taluka Development Officer has in respect of a
village panchayat under sub-sections (1), (2) and(3) Subject to the modification that he shall
submit a report under sub-section (3) to the State Government. The State Government may
pass such order thereon as it may deem fit.

(5) An officer authorised by the State Government in this behalf by a general or

special order, shall in respect of a district panchayat, have the same powers as the District
Development Officer has in respect of a taluka panchayat under this section.

(6) If in the opinion of the Collector the execution of any order or resolution of any
panchayat or the doing or anything which is about to be done or is being done by or on
behalf of such panchayat, is causing or is likely to cause injury or annoyance to the public
or to lead to a breach of peace, the Collector may by order in writing suspend the execution
or prohibit the doing thereof and shall forthwith--

(a) send to the panchayat, affected thereby a copy of the order, with a statement
of the reasons therefor; and

(b) submit to the State Government a report thereof.

250. (1) In cases of emergency the Taluka Development Officer may provide for the Execution
execution of any work or the doing of any act which a panchayat subordinate to a taluka of work in
case of
panchayat is empowered to execute or do, and the immediate execution or doing where of emergency.
is, in his opinion, necessary for the health or safety of the public and may direct that the
expense of executing the work or doing the act shall be forthwith paid by the panchayat.

(2) If the expense is not so paid, the Taluka Development Officer may direct the
officer in charge of the treasury in which the fund of the panchayat is kept to pay such
expense or so much thereof as is possible, from the balance of such fund in his hands and
the Officer in charge of the treasury shall comply with such directions.

(3) The Taluka Development Officer shall forthwith report to the District
Development Officer every case in which he exercises his powers under sub-section (1).

(4) The District Development Officer in respect of a Taluka panchayat or village

panchayat shall have the same powers as Taluka Development Officer has in respect of a
village panchayat under sub-sections (l), (2) and (3) subject to the modification that he shall
submit a report under sub-section (3) to me State Government.

(5) An Officer authorized by the State Government in this behalf by a general or

special order, shall in respect of a district panchayat, have the same powers as the District
Development Officer has in respect of a taluka panchayat under this section.

Extension by 251.(1) If for the purpose of taking immediate steps for protecting life and property
Panchayat of its
Services, etc. to in any area affected by an outbreak of fire or epidemic disease or any other natural
area outside its
limits.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 91

calamity, the District Development Officer is satisfied that it is necessary to requisition any
service, equipment or staff provided or maintained by any panchayat within the area for
which it is constituted, such officer may by order in writing direct the panchayat to supply
to the area so affected such service equipment and staff for such purpose and for such
period as may be specified in the order and the panchayat shall be bound to comply with the
direction.

(2) Where any direction is issued to a panchayat under sub-section (1), the,
panchayat shall, subject to the provisions of sub-section (3), be entitled to the cost of
supplying the service equipment and staff in pursuance of the direction.

(3) (a) The sum payable to the panchayat under sub-section (2) by way of cost
shall be determined by the officer making requisition under sub-section (1).

(b) if the area to which the service, equipment and staff are so supplied is within the
local limits of any municipal corporation, municipality, or any other panchayat, such
corporation, municipality, or panchayat as the case may be, shall be liable to pay to the
panchayat to which the order under sub-section (1) is directed. The sum determined under
clause (a) and shall pay the same to the panchayat within such period as the officer
determining the sum directs and in any other case, the sum determined under clause (a)
shall be paid to the panchayat by the State Government.

(4) If any area not comprised within the local limits of a municipal corporation,
municipality or panchayat, is affected by an outbreak of fire or epidemic disease or any
other natural calamity and a panchayat is satisfied that for protecting life and property in
that area, it is necessary to take immediate steps to make available any of its services,
equipment and staff for that area, then notwithstanding anything contained in sub-sections
(1), (2) or (3), and whether requisition under sub-section (1) has been made or not, it shall
be lawful for the panchayat to do so free of cost.

Default in per- 252. (1) If at any time it appears to the district panchayat that any panchayat
formance of
duty.
subordinate to it has made default in the performance of any duty imposed on it by or under
this Act, it may order the duty to be performed within a specified period, and if the duty is
not performed within the period specified, the district panchayat may appoint a person to
perform it, and direct that the expense of performance shall be paid by the defaulting
panchayat within such period as the district panchayat may fix.

(2) If the expense is not so paid, the district panchayat may direct the person in
custody of the fund of the panchayat to pay such expenses, or so much thereof as is possible
from the balance of such fund in his hands, and such person shall pay such expense and part
thereof accordingly.

(3) If at any time it appears to the State Government or any officer authorised by the
State Government in this behalf, that a panchayat has made default in the performance of
any duty and that the district panchayat has failed or neglected take action under subsection
(1), the State Government or the officer authorised, as the case may be, may take such
action as could have been taken by the district panchayat under sub-sections (1) and (2).

(4) The district panchayat or the officer authorised, as the case may be, shall
forthwith report to the State Government every case occuring under this section and the
State Government may revise or modify any order made therein, and make in respect
thereof, any other order which the district panchayat could have made.

(5) An officer authorised in this behalf by the State Government by a general or

special order shall, in respect of district panchayat, have the same powers as the district
panchayat has in respect of the panchayat subordinate to it under this section.

253.(1) If, in the opinion of the State Government, a panchayat exceeds or abuses its Dissolution or
powers or is incompetent to perform or makes persistent default in the performance of the supersession of
panchayats for
duties imposed on it or functions entrusted to it under any provision of this Act or by or default.
92 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

under any other law for the time being in force, or fails to obey an order made under this
Act by the panchayat superior thereto or by the State Government or any officer authorised
by it, under this Act or persistently disobeys any of such orders, the State Government may,
after consultation with the district panchayat in the case of a panchayat subordinate to it
and after giving the panchayat an opportunity of rendering an explanation, by order in the
Official Gazette-

(i) dissolve such panchayat, or

(ii) supersede such panchayat for the period specified in the order :

Provided that such period shall not be longer than six months or the residual period
of duration of such panchayat whichever is less

Provided further that the State Government may subject to, the preceding proviso
from time to time after making such inquiry as it may consider necessary by an order
published in the Official Gazette extend the period of supersession of such panchayat until
such date as may be specified in the order or by like order curtail the period of supersession.

(2) When a panchayat is dissolved or superseded, all members of the panchayat

shall from the date specified in the order, vacate their office as such members.

(3) When the panchayat is dissolved or superseded, it shall be reconstituted, in the

manner provided in this Act.

(4) If a panchayat is dissolved or superseded—

(a) all the powers and duties of the panchayat shall during the period of
dissolution or supersession, as the case may be, exercised and performed by such
person or persons as the State Government may-from time to time appoint in that
behalf, and

(b) all property vested in the panchayat shall during the period of dissolution
or supersession, as the case may be, vest in the State Government; and

(c) on the dissolution, or, as the case may be, on the expiry of the period of
supersession, the panchayat shall be reconstituted in the manner provided in this
Act, and the persons vacating office shall be eligible for re-election.

254. (1) When by a notification under clause (g) of article 243 of the Constitution, Consequences
of alteration of
the limits of a village is altered so as to— limits of
village.
(a) Include any area therein, or

(b) exclude any area there from,

the State Government may, notwithstanding anything contained in this Act or any
other law for the time being in force, by order published in the Official Gazette, provide for
all or any of the following matters, namely :-

(i) in a case falling under clause (a), the increase in the number of the
members of the village panchayat by election of additional members,

(ii) in a case falling under clause (b), the removal of the members of the
village panchayat, who in the opinion of the State Government represent
the area excluded from the village :

Provided that where the area so excluded had been included in any other village, the
members so removed shall be additional members of the panchayat of such village,

(iii) the term of additional members and the manner of filling casual
vacancies;

(iv) allocation of any officer or servant of the panchayat affected by the

alteration of the limits.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 93

(2) The panchayat, if any, constituted for the village and functioning immediately
before the alteration of the limits shall, subject to the addition or exclusion of members
under sub-section (1), continue to function until the expiry of its duration under this Act and
on such expiry it shall be reconstituted in the manner provided in this Act.

(3) If in altering the limit of any village, the area excluded therefrom is included in
any other village, then---

(a) such portion of the village fund, debts obligations and other property of
the village from which the area is so excluded shall be transferred to and shall vest
in, the panchayat of the village in which the area is is excluded as the State
Government may by order in writing direct;

(b) the rights and liabilities of the panchayat in respect of any contracts,
agreements and other matters and things, arising in or relating to the area so
excluded shall vest in the panchayat of the village in which the area is so included;

(c) any notice, Tax fee,, cess, order, licence, permission, rule or bye-law
issued, imposed, granted or made in respect of the area so excluded shall be deemed
to have been issued, imposed, granted or made in respect of the panchayat in which
the area is so included and shall continue in force until it is superseded under the
provisions of the law applicable thereto;

(d) all proceedings relating to the area excluded from the village and pending
before the panchayat on the date of such exclusion shall be transferred to and
disposed off by the panchayat of the village in which the area is included.
Effect of area 255. Where by a notification under clause (g) of article 243 of the Constitution, any
being excluded local area forming part of village is excluded from such village and such area is not
from village.
included in or declared to be village so much of the village fund and other property vesting
in the panchayat of the village of which such area formed part, as the State Government by
order in writing direct, shall vest in the State Government to be utilized for the benefit of
the area as the State Government may think fit.
Effect of area
ceasing to be 256. On any area ceasing to be a village by virtue of any notification under clause (g)
village. of article 243 of the Constitution,

(a) the panchayat shall be dissolved and all members of the panchayat shall
vacate office as from the date of the notifications;

(b) the unexpended balance of the fund of the panchayat and the property
(including arrears of rates, taxes and fees) vesting in the panchayat shall vest in the
State Government to be utilised for the benefit of the inhabitants of the areas as the
State Government thinks fit.
Power of State
257. (1) Where in respect of a panchayat which is to be reconstituted on account of Government to
the expiry of its duration, the State Government is satisfied that, it is not possible to hold appoint officer
elections before the expiry of duration for reconstituting the panchayat, on account of any when elections
natural calamity, then, notwithstanding anything contained in this Act or rules made there- not for
reconstitutions
under, the State Government may by notification in the Official Gazette make a declaration panchayat.
to that effect.

1
[* * * *
(3) On the issue of the notification under sub-section (1), all the powers and duties of the
panchayat shall be exercised and performed for the period during which the notification
remains in force by such officer as the State Government may by order in writing specify.
1. Sub-section (2) was deleted by Guj. 6 of 2001, s. 2.
258. (1) The State Government may from time to time cause inquiry to be made by Inquiry by
way of its officers in regard to any panchayat or matters concerning it or to any matters officers of
panchayat.
 94 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

with respect to which the sanction, approval, consent or order of the State Government is
required by this Act.
(2) The Officer holding such inquiry shall have the powers of a court under the
Code of Civil Procedure, 1908, to take evidence and to compel the attendance of witnesses
and the production of documents for the purposes of the inquiry.
V of 1908. (3) The State Government may make orders as to the cost of inquiries under sub-
section (1) and as to the parties by whom and the funds out of which they shall be paid and
any such order may, on the direction of the State Government or the application of any
person named therein, be executed as if it were a decree of a civil court.
259. The State Government may call for and examine the record of proceeding of State
any panchayat or of any committee thereof or of any officer for the purpose of satisfying Government
may call for
itself as to the legality or propriety of any order passed and may revise or modify the order proceedings.
as it shall deem just.
CHAPTER XV
PROVISIONS FOR CONVERSION OF A NAGAR
PANCHAYAT INTO A VILLAGE PANCHAYAT AND FOR AMALGAMATION
AND DIVISION OF PANCHAYATS.
260. For the purpose of this Chapter, unless the context otherwise requires.— Interpretation.
Guj. 34 of
1964. (a) "municipal borough" means a municipal borough within the meaning of the
Gujarat Municipalities Act, 1963 ;
(b) "nagar panchayat" means a nagar panchayat constituted for a municipal
borough and includes a person or persons authorised to exercise the powers and perform
Guj. 34 of the functions of a municipality under section 263 of the Gujarat Municipalities Act,
1964.
1963 (hereinafter referred to as "The Municipal Act");
(c) “panchayat" includes a person or persons appointed to exercise the powers
and to perform the functions of a panchayat under section 253.
261. (1) Where any local area is declared to be a village under clause (g) of article Effect of
243 of the Constitution and, immediately before such declaration, the local area was co- conversion of
nagar
extensive with the limits of a municipal borough or included an area comprising a panchayat into
municipal borough as well as any other area, then with effect from the date on which such village
local area is so declared to be a village (in this section referred to as "the said date"), the panchayat.
following consequences shall, notwithstanding anything in the Municipal Act, ensue, that
is to say—
(a) the nagar panchayat functioning in such local area or part thereof shall
cease to exist;

(b) there shall, notwithstanding anything contained in any law for the time
being in force be constituted for the village an interim village panchayat consisting of
persons vacating office as members of the nagar panchayat or members of the
committee thereof and the President and Vice-President of the nagar panchayat shall
respectively, be deemed to be the Sarpanch and Upa-Sarpanch of the interim village
panchayat:
Provided that if immediately before the nagar panchayat so ceasing to exist, there
be a person or persons appointed under section 263 of the Municipal Act to exercise the
powers and perform the duties of the nagar panchayat, there shall be an interim village
panchayat for the local area and the person or persons so appointed shall be deemed to be a
person or persons appointed under clause (a) of sub-section (4) of section 253 to exercise
all the powers and perform all the duties of such interim village panchayat;
(c) the unexpended balance of the nagar fund and property including arrears
of rates, taxes and fees belonging to the nagar panchayat, and all rights and powers,
which prior to such notification, vested in the nagar panchayat shall, subject to all
charges and liabilities affecting the same vest in the interim village panchayat as the
village fund until the new panchayat is constituted under the provisions of this Act;
1993 : Guj. 18] Gujarat Panchayats Act, 1993 95

(d) any appointment, notification, notice, tax, fee, cess, order, scheme, licence,
permission, rule, bye-law, or form made, issued, imposed or granted under the
Municipal Act immediately before the said date in respect of such local area shall
continue to be in force and be deemed to have been made, issued, imposed or granted
in respect of the village until it is superseded or modified by any other appointment,
notification, notice, tax, fee, cess, order, scheme, licence, permission, rule, bye-law or
form made, issued, imposed or granted under this Act;
(e) all budget estimates, assessments, assessment lists, valuations of
measurements made of authenticated under the Municipal Act immediately before"
the said date in respect of such local area shall be deemed to have been made or
authenticated under this Act;
(f) all debts and obligations incurred and all contracts made by or on behalf
of the nagar panchayat immediately before the said date and subsisting on the said
date shall be deemed to have been incurred and made by the interim village
panchayat in exercise of the powers conferred on it by or under this Act ;
(g) all officers and servants in the employ of the nagar panchayat
immediately before the said date shall be officers and servants of the interim village
panchayat under this Act and shall, until other provision is made in accordance
with the provisions of this Act, receive salaries and allowances and be subject to
the conditions of service to which they were entitled or subject on such date:
Provided that it shall be competent to the interim village panchayat subject however
to the previous sanction of the State Government, to discontinue the services of any officer
or servant who, in its opinion, is not necessary or suitable to the requirements of the service
of the interim village panchayat, after giving such officer or servant such notice as is
required to be given by the terms of his employment and every officer or servant whose
services are discontinued shall be entitled to such leave, pension, provident fund and
gratuity as he would have been entitled to take or receive on being invalided out of service
as if the nagar panchayat in the employ of which he was, had not ceased to exist :

(h) all proceedings pending at the said date before the nagar panchayat shall
be deemed to be transferred to, and continued by, the interim village panchayat;

(i) all appeals pending at the said date before the nagar panchayat shall, so
far as may be practicable, be disposed of as if such local area had been included in
the village when they were filed ;

(j) all prosecutions instituted by or on behalf of the nagar panchayat and all
suits or other legal proceedings instituted by or against such nagar panchayat or any
officer of such nagar panchayat pending at the said date shall be continued by or
against the interim village panchayat as if such local area had been included in the
village when such prosecutions, suits or proceedings were instituted;
(k) any law (other than the Municipal Act) of any rule, bye-law, notification
or order issued under such law, which was applicable to and in force in the local
area immediately before it was declared as a village under clause (g) of article 243
of the Constitution, shall continue to apply to and to be in force in the local area
until it is superseded.
(2) The duration of the interim village panchayat shall be the same as that of the
nagar panchayat had it continued to exist or till elections are held for reconstituting the
interim village panchayat alongwith other village panchayats whichever is earlier.
(3) All arrears of rates, taxes and fees vesting in the interim village panchayat shall
be recoverable under the provisions of this Act as if the rates, taxes and fees were imposed
and recoverable under this Act.
(4) In other respects the provisions of this Act shall, mutatis mutandis, apply to the
interim village panchayat and its members.
96 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(5) If any difficulty arises,-

(i) in the constitution of the interim village panchayat which succeeds it, or
(ii) in giving effect to the provisions of this section,
the State Government may by order, as occasion may require, do notwithstanding anything
contained in this Act or in the Municipal Act, anything which appears to it to be necessary
to remove the difficulty.
262. (1) When two or more villages cease to be villages and the local areas Effect of
constituting such villages are amalgamated and declared to be one village (hereinafter in amalgamation
of villages.
this section referred to as "as amalgamated village") by virtue of a notification under clause
(g) of article 243 of the Constitution, with effect from the date on which such notification is
issued (hereinafter in this section referred to as "the said date") the following consequences
shall ensue, that is to say-

(a) the panchayats of such local areas shall cease to exist and all the
members of such panchayats shall vacate office ;

(b) all powers and duties of such panchayats shall be exercised and
performed by such person or persons (hereinafter referred to as "the administrator
or administrators") as the State Government appoints in this behalf;

(c) the unexpended balance of the village funds and all the properties
including arrears of rates, taxes and fees belonging to such panchayats and all
rights and powers which prior to the said date, vested in such panchayats shall,
Subject to all charges and liabilities affecting the same, vest as the village fund—
(i) in the administrator or administrators until the panchayat for the
amalgamated village is constituted and holds its first meeting under sub-section (1)
of section 51, and
(ii) thereafter, the amalgamated panchayat;
(d) the unexpended balance of the village funds and all the properties
(included arrears of rates, taxes and fees) shall until amalgamated panchayat is
constituted and holds its first meeting, be utilised for the benefit of the inhabitants
of such local areas in such manner as the administrator or administrators may think
fit;
(e) any appointment, notification, notice, tax, fee, cess, order, scheme
licence, permission, rule, bye-law or form made, issued, imposed or granted in
respect of such local areas and in force on the said date shall continue in force and
be deemed to have been made, issued, imposed or granted in respect of the
amalgamated village until it is superseded or, modified by any appointment,
notification, notice, tax, fee, cess, order, scheme, licence, permission, rule, bye-law
or form made, imposed or granted under this Act;
(f) all budget estimates, assessments, assessment lists, valuations or
measurements made or authenticated by such panchayats immediately before the
said date shall be deemed to have been made or authenticated in respect of the
amalgamated village under this Act ;
(g) all debts and obligations incurred and all contracts made by or on behalf
of such panchayats immediately before the said date and subsisting on the said date
shall be deemed to have been incurred and made by the amalgamated panchayat in
exercise of the powers conferred on it by this Act;
(h) all officers and servants in the employ of such panchayats immediately
before the said date shall be officers and servants of the amalgamated panchayat
and shall until other provision is made in accordance with this Act, receive salaries
and allowances and be subject to the conditions of service to which they were
entitled or subject on such date :
Provided that it shall be competent to the administrator or administrators or the
amalgamated panchayat, subject however, to the previous sanction of the State
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 97

Government, to discontinue the services of any officer or servant who, in his, their or its
opinion, is not necessary or suitable to the requirements of the service of the amalgamated
panchayat, after giving such officer or servant such notice as is required to be given by the
terms of his employment and every officer or servant whose services are discontinued, shall
be entitled to such leave, pension, provident fund and gratuity, as he would have been
entitled to take or receive on being invalided out of service, as if the panchayat in the
employ of which he was, had not ceased to exist;
(i) all proceedings pending at the said date before such panchayats shall be
deemed to be transferred to, and continued by, the administrator or administrators
or the amalgamated panchayat, as the case may be ;
(j) all appeals pending before such panchayats at the said date shall so far
as may be practicable, be disposed of by the administrator or administrators of the
amalgamated panchayat, as the case may be;
(k) all prosecutions instituted by or on behalf of such panchayats and all suits
or other legal proceedings instituted by or against such panchayats, or any officer
of such panchayats pending at the said date shall be continued by or against the
amalgamated panchayat.
(2) Within four months of the said date a panchayat for the amalgamated village
shall be constituted in accordance with the provisions of this Act and its duration shall be
for such period as the State Government may, having regard to the remainder of the period
for which village panchayats in the district in which the amalgamated village is situate, by
notification in the Official Gazette specify.
263. (1) Where by virtue of a notification issued under clause (g) of article 243 of
Effect of
division of Constitution any village ceases to be a village is split up into two or more villages with
villages. effect from the date on which the village is so split up (hereinafter referred to as "the said
date"), the following consequences shall ensue, that is to say—
(a) the panchayat constituted in respect of such local area shall stand
dissolved and all the members of the panchayat shall vacate office,
(b) until for the respective new village, a village panchayat is constituted,
the State Government shall appoint an administrator or administrators, to exercise
the powers and perform the functions of the respective panchayat of the new
village,
(c) the unexpended balance of the village fund and all properties, including
arrears of rates, taxes and fees belonging to the dissolved panchayat shall subject
to all charges and liabilities affecting the same, vest in such proportion and in such
manner as the State Government may direct in the respective panchayat of the new
village:
Provided that until the respective panchayat for new village is constituted and
it holds its first meeting under sub-section (1) of section 5l, the unexpended
balance of the fund and other properties vesting in the panchayat shall be held by
the administrator of new village and shall be utilised by him for the benefit of the
inhabitants of the new village in such manner as he may think fit,
(d) any appointment, notification, notice, tax, fee, cess, order, scheme,
licence, permission, rule, bye-law or form made, issued, imposed or granted in
respect of the area within the jurisdiction of the dissolved panchayat and in force
on the said date shall continue in force and be deemed to have been made, issued
imposed or granted in respect of the new village formed out of the said area until it
is superseded or, modified by any appointment, notification, notice, tax, fee, cess,
order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or
granted under the law applicable thereto,
(e) all budget estimates, assessments, assessment lists, valuations or
measurements made or authenticated by the dissolved panchayat immediately
before the said date shall in so far as they relate to the new village be, deemed to
have been made or authenticated in respect of the new village,
98 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(f) all debts and obligations incurred and all contracts made by or on
behalf of the dissolved panchayat immediately before the said date and subsisting
on the said date shah in, so far as they relate to the village formed in the area
within the jurisdiction of the .dissolved panchayat be the debts and obligations
incurred by and the contracts made by the panchayat of the new village,
(g) all officers and servants in the employ of the dissolved panchayat
immediately before the said date shall be allocated to the panchayat of the new
village by the State Government in such manner as it may direct and until other
provision is made in accordance with this Act, they shall receive salaries and
allowances and be subject to the conditions of service to which they were entitled
or subject on the said date,
(h) all proceedings (including appeals) pending at the said date before the
dissolved panchayat shall be deemed to be transferred to and continued by the
panchayat of new village before which they would have been instituted, had the
new village been formed when the proceedings were instituted :
Provided that until the panchayat for the new village is constituted, the
administrator appointed for the new village may deal with such proceedings and
dispose them off,
(i) all prosecutions instituted by or on behalf of and all suits or other legal
proceedings instituted by or against the dissolved panchayat or any officer thereof
and pending at the said date shall be continued by, or against the panchayat of the
new village, by, on behalf of or against which they would have been instituted, had
the new village been formed when the prosecutions, suits or legal proceedings
were instituted and until such panchayat is constituted, shall be continued by or
against the administrator appointed for new village.

(2) Within four months of the said date a panchayat for the respective new village
shall be constituted in accordance with the provisions of this Act and its duration shall be
for such period as the State Government may, having regard to the remainder of the period
for which village panchayats in the district in which the respective new villages are
situated, by notification in the Official Gazette specify.

264. (1) When, on account of the constitution of a new district or taluka under the Consequences of
alteration of
Land Revenue Code, or for any other reason, the limits of a district, or as the case may be, a limits of district
taluka are, during the term of office of the members of the district panchayat or, as the case or taluka.
may be, the taluka panchayat, altered so as to—
(a) include any area therein, or
(b) excluded any area therefrom,
the State Government may, notwithstanding anything contained in this Act or any other law
for the time being in force, by order published in the Official Gazette, provide for all or any
of the following matters, namely :—
(i) in a case falling under clause (a), the interim increase in the number of
members of the district panchayat or, as the case may be, the taluka
panchayat, and the appointment of such additional members from
amongst the members of panchayat who are elected from the area so
included ;
(ii) in a case falling under clause (b), the interim reduction in the number
of members of the district panchayat, or, as the case may be, the taluka
panchayat and the termination of office of the elected members of the
district panchayat or, as the case may be, taluka panchayat who are
elected as such members from the area so excluded;
(iii) the term for which additional members so appointed shall hold office
and the manner of filling casual vacancies of such members;
(iv) allocation of any officer or servant of the panchayat affected by the
alteration of limits ;
1993 : Guj. 18] Gujarat Panchayats Act, 1993 99

(v) the removal of any difficulty! which may arise on account of any
change referred to in clause (a) or clause (b).
(2) The district panchayat or the taluka panchayat, if any, functioning
immediately before the alteration of the limits shall, subject to the
addition or exclusion of member under sub-section (1), continue to
function until the expiry of its duration under this Act and on such
expiry it shall be reconstituted in the manner provided in this Act.
(3) If in consequence of the alteration of the limits of any district or taluka,
the area excluded therefrom is included in any other district or taiuka,
then---
(a) such portion of the district or taluka fund, and other property of the
district or taluka panchayat of the district or taluka from which the area
is so excluded shall vest in, and be transferred to the district panchayat,
or as the case may be, the taluka panchayat of the district, or as the case
may be, the taluka in which such area is included, as the State
Government may, by order in writing, direct;
(b) the rights, assests and liabilities of the district or taluka panchayat of
the district or taluka from which the area is so excluded in respect of
any contracts, agreements and other matters and things, arising in or
relating to the area so excluded, shall vest in, and be transferred to, the
district or taluka panchayat of the district or taluka in which the area is
included;
(c) any notification, notice, tax, fee, cess, rule, bye-law, order, licence or
permission issued, imposed, made or granted by the district or taluka
panchayat in respect of the area so excluded shall be deemed to have
been issued, imposed, made or granted by the district or taluka
panchayat of the district or taluka in which the area is so included and
shall continue in force until it is superseded in accordance with law;
(d) all proceedings relating to the area excluded from the district or taluka
and pending before the panchayat on the date of such exclusion shall
be transferred to and disposed of by the district or taluka panchayat of
the district or taluka in which the area is included.

CHAPTER XVI
MISCELLANEOUS PROVISION
265. (1) A panchayat may, from time to time, concur with any other panchayat or Joint
Committees of
with any local body or with more than one such local body- two or more
local bodies.
(a) in appointing out of their respective bodies a joint committee for any
purpose in which they are jointly interested and in appointing a
chairman of such committee ;
(b) in delegating to any such committee power to frame terms binding on
each such body as to the construction and future maintenance of any
joint work and any power which might be exercised by either or any of
such bodies ; and
(c) in framing and modifying rules for regulating the proceedings of any
such committee and the conduct of correspondence, relating to the
purpose for which the committee is appointed.
(2) A panchayat may subject to the sanction of the State Government, from time to
time, enter into an agreement with any other panchayat, local body or with a combination of
any such bodies, for the levy of octroi duty whereby the octroi duties respectively leviable
100 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

by the bodies so contracting may be levied together instead of separately within the limits
of the area subject to the control of the said bodies.
(3) Where a panchayat has requested the' concurrence of any other local body
under the provisions of sub-section (1) or (2) in respect of any matter and such other local
body has refused to concur, the State Government may pass such orders as it may deem fit
requiring the concurrence of such other local body (not being a cantonment authority) in the
matter aforesaid, and such other local body shall comply with such orders.
(4) If any difference of opinion arises between local bodies acting under this
section, the decision thereon of the State Government, or of such officer as it appoints in
this behalf, shall be final:
Provided that where one of the local bodies is a cantonment authority, the decision
of the State Government, or of the officer, shall be subject to the concurrence of the Central
Government.
266. (1) There shall be a State Council for panchayats consisting of the following Constitution of
members, namely:- State Council for
panchayats, its
functions, etc.
(A) Chairman :-
(i) Minister in charge of the Department dealing with Panchayats
Organization of the State;
(B) Vice-Chairman :-
(ii) The Minister of State dealing with the Panchayats Organization of the State
or if there is no such Minister of State, the Deputy Minister dealing with such
Organization, or in the absence of both such Ministers, the Parliamentary Secretary dealing
with such Organization :
Provided that where there is no person holding any of such offices, the Vice-Chairman
shall be elected by the Council from amongst its members ;
(C) Members :-
(iii) Presidents of the district panchayats ;
(iv) Seven members to be nominated by the State Government from amongst
persons taking interest in the development of panchayats. Out of these one
shall be a woman and one shall be a person from Scheduled Castes and one
shall be a person from amongst the Scheduled Tribes if none of the
members falling under clause (iii) is a person belonging to a Scheduled
Tribe;
(v) three Officers to be nominated by the State Government;
(vi) three members to be elected by the members of the Gujarat Legislative
Assembly from amongst themselves.
(2) Such officer as the State Government may appoint in this behalf shall act as a
Secretary to the Council.
(3) The functions of the Council so constituted shall be as under:-
(a) to advise the State Government on all general questions pertaining to
panchayats ;
(b) to advise the State Government in respect of a scheme for the training of
Secretaries and other servants of panchayats ;
(c) to review the administration of panchayats and to suggest ways of co-
ordinating the activities of panchayats in the State ;
(d) to suggest ways and means to remove the difficulties experienced by the
panchayats in the State in their administration ;
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 101

(e) to make suo motu recommendations to the State Government in regard

to any matter relating to the administration of the panchayats ;
(f) to report to the State Government on such matters as may be referred to it
by the State Government for its opinion.
(4) The State Government may by general or special order provide for-
(a) the calling of the meetings of the council and the procedure of meeting;
(b) duties of the Secretary for the Council :
(c) sub-committees of the Council :
(d) the term of office of nominated members of the Council, travelling
allowance and daily allowance to the members of the Council and the
rate thereof.
(5) The term of office of the member elected by the Members of the Gujarat
Legislative Assembly shall expire on the expiry of his term as the member of the Gujarat
Legislative Assembly or if he otherwise ceases to be such member.
(6) Any elected or nominated member of the Council may resign from the
membership by tendering his resignation in writing to the Chairman and the resignation
shall take effect from the date on which it is accepted by the Chairman who shall give
intimation of the vacancy—
(a) to the State Government in the case of the resignation of a nominated
member, and
(b) to the Secretary to the Gujarat Legislative Assembly in the case of the
resignation of a member elected by that Assembly.
Liabilities of 267. (1) Every member of a panchayat or its Committee shall be personally liable
members for
loss, waste or
for the loss, waste or misapplication of any money or other property of panchayat to which
mis-application. he has been party, or which has been caused or facilitated by his misconduct or gross
neglect of his duty as a member.
(2) If after giving the member concerned a reasonable opportunity for showing
cause to the contrary, an officer authorised by the State Government is satisfied that the
loss, waste or misapplication of any money or other property of the panchayat is a direct
consequence of misconduct or gross negligence on his part the officer so authorised shall
by an order in writing, direct such member to pay to the panchayat before a fixed date, the
amount required to be reimbursed to it for such loss, waste or mis-application.
(3) If the amount is not so paid, it shall be recovered as an arrear land revenue and
credited to the fund of the relevant panchayat.
(4) Any person aggrieved by the decision or action of the officer so authorised may
apply to the District Court as provided in sub-section (6) of section 121, within the like time
for redress of his grievance and that court may pass any order thereon which it can pass
under that sub-section.
268. (1) Where, the officer authorised in this behalf by the State Government is of Power of
authorised
the opinion that any person, who in his capacity as a member, officer, servant, or secretary officer to
of a panchayat had, in his custody any record, money or other property belonging to the recover record
panchayat is after his retirement, removal or suspension from office, as the case may be, not and money.
likely to deliver such record or property or pay such money, the officer so authorised may,
by a written order, require that the record, property or money so detained be delivered or
paid to the panchayat forthwith.
(2) If any such person as aforesaid shall not deliver the record or property or pay
the money as directed, the officer so authorised may cause him to be apprehended may
send him with a warrant in such form as may be prescribed to be confined in a civil jail till
he delivers the record or property or pays the money :
 102 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

Provided that no such person shall be so detained in confinement for a period

longer than one calender month.
(3) It shall be lawful for the officer so authorised-
(a) for recovering any such money to direct that such money be recovered
as an arrear of land revenue and on such direction being given, such
money shall be recoverable as an arrear of land revenue from such
person ;
(b) for recovering any such record or property to issue a search warrant
and to exercise all such powers with respect thereto as may lawfully be
2 of 1974. exercised by a Magistrate under the provisions of Chapter 7 of the
Code of Criminal Procedure, 1973.
(4) No action under sub-section (1), (2) or (3) shall be taken unless reasonable
opportunity has been given to the person concerned to show cause why such action should
not be taken against him.
Explanation :- In the section the word "member" includes a Sarpanch, Upa-
Sarpanch, President and Vice-President of a panchayat.
269. (1) Whoever not being duly authorised in that behalf occupies or is in Liability to pay
possession of any property vesting in, or under the control of, a panchayat shall without rent for
unauthorised
prejudice to any other action which may be taken under this Act, be liable to pay in to the occupation or
panchayat a sum upto four times the amount of rent which would have been payable to the possession of
panchayat for the period of such occupation or possession, had the property been let by the property of
panchayat. panchayat.

(2) The sum so payable shall be determined by the panchayat in the prescribed
manner and thereafter the sum shall become due to the panchayat and the provisions of
Chapter X shall mutatis mutandis apply to the recovery thereof.
270. (1) No action shall be brought against any panchayat or any member, officer, Bar of action
servant or agent of a panchayat or any member of a committee of a panchayat acting under against
panchayat, etc.
its direction, in respect of anything in good faith done under this Act or under any rule or and previous
bye-law made thereunder. notice before
institution.
(2) No action shall be brought against any panchayat or any member, officer,
servant or agent of such panchayat or any member of a committee of a panchayat acting
under its direction for anything done or purporting to have been done by or under this Act,
until the expiration of one month next after notice in writing has been left or delivered at
the office of the panchayat, and also at the residence of the member officer, servant or agent
thereof against whom the action is intended to be brought; the notice shall state the cause of
action, the nature of the relief sought; the amount of compensation claimed and the name
and place of abode of the person who intends to bring the action.
(3) Every such action shall be commenced within six months after the accrual of
the cause of action, and not afterwards.
(4) If any panchayat or person to whom the notice under sub-section (2) is given
shall, before an action is brought, tender sufficient amount to the plaintiff, and pay into
Court the amount so tendered, the plaintiff shall not recover more than the amount so
tendered; the plaintiff shall also pay all costs incurred by the defendent after such tender.
Delegation 271 (1) The State Government may, by notification in the Official Gazette,
of powers.
authorise any officer of Government to exercise any of the powers exercisable by the State
Government under this Act except the power to make rules.
(2) Subject to the general or special orders which the State Government may
issue from time to time—
(i) a district panchayat may delegate to a District Development Officer,
(ii) a taluka panchayat may delegate to a Taluka Development Officer, and
(iii) a competent authority may delegate to any officer subordinate to it,
any powers exercisable by it under this Act.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 103

Members, etc.
272. Every member of a panchayat or of its committee, and every officer and
of panchayats, servant maintained by or employed-under panchayat, shall be deemed to be a public 45 of 1860.
and servants, servant within the meaning of section 21 of the Indian Penal Code.
etc. to be
public
servants.

Previous 273. When any person who is or had been a Sarpanch, Upa-Sarpanch, President
sanction for
prosecution or Vice-President of a panchayat or a Chairman of the education Committee of district is
against accused of any offence alleged to have been committed by him while acting or purporting
Sarpanch , to act in the discharge of his official duty, no court shall take cognizance of such offence
Chairman, except with the previous sanction of the State government or any officer authorized by the
President, etc.
State Government in this behalf.

Power of
Government 274. (1) The State Government may, by notification in the Official Gazette, make
to make rules. rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the fore-
going power, such rules may be made—
(a) for the whole or any part of the State of Gujarat and for all or any
panchayat,
(b) to provide for all matters expressly required or allowed by this Act to
be prescribed by rules, and
(c) to provide that a contravention of any rule prescribing the duties and
obligations of any person liable to pay any tax or fee made under sub-
section (2) of section 200 or sub-section (/) of section 212 shall be
punishable with fine which may extend to two hundred rupees and in
the case of a continuing contravention with fine which may extend to
twenty five rupees for every day during which the contravention
continues after conviction for the first contravention.
(3) Such rules may also provide for the levy of fees for the inspection or search
of any document issued under this Act or of any record maintained under or for the
purposes of this Act and for giving copies of or extracts from such document or record and
the scale of such fees.
(4) The power to make rules in respect of matters required to be determined by
rules under sub-section (4) of section 65 and sub-section (5) of section 79, and sections 125
and 148 may be exercised either prospectively or retrospectively.
(5) The power to make rules conferred by this section is subject to the
condition of the rules being made after previous publication except where the rules provide
for any of the matters specified in Chapter XIII.
(6) All rules made under this section shall be laid for not less than thirty days
before the State Legislature as soon as possible after they are made, and shall be subject to
such modifications as the Legislature may make during the session in which they are so
laid, or the session immediately following.
(7) Any modifications so made by the State Legislature shall be published in
the Official Gazette and shall thereupon take effect.
275. (1) A district panchayat may, with the previous sanction of the State Bye-laws.
Government, make bye-laws for a village panchayat generally for carrying out the purposes
of this Act.
(2) Without prejudice to the generality of the foregoing provision, the district
panchayat may make bye-laws :—
(i) for the purification and protection from pollution of all sources of
water used for drinking purposes and the regulation of water supply;
 104 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(ii) for the prohibition of the removal or use for drinking purposes of any
water from any stream, tank, well or other source, where such removal or use
causes, or is likely to cause, disease or injury to health, and the prevention of
such removal or use by the filling in or covering over to such tank, or well, or by
any other method which may be considered advisable;
(iii) for the prohibition of the deposit or storage of manure, refuse, or other
offensive matter in a manner or in places prejudicial to the public health, comfort
or convenience ;
(iv) for the regulation of offensive callings or trades ;
(v) for the disposal of corpse by burning or burial;
(vi) for the excavation of earth and the filling up of excavations and
depressions injurious to the health or offensive to the neighbourhood:
(vii) for the removal of noxious vegetation ;
(viii) for the repair and removal of dangerous or runious buildings;
(ix) for the prevention of the erection of buildings without adequate
provisions for ventilation or the laying out and location of streets ;
(x) for the control of fairs and bazars and the regulation of markets,
slaughter houses and cart stands;
(xi) for the inspection and destruction of unfit food and drink exposed for
sale
(xii) for the general regulation of sanitation and conservancy and the
disposal of carcasses of dead animals ;
(xiii) for the temporary erection on, or projection over, or temporary
occupation or, any public street or place ;
(xiv) for the regulation of any matter specified in Schedule I by the issue of
licences or permits or in any other manner.
(3) Any bye-laws made under this section may provide for the levy of fees in
respect of any matter provided for in the bye-law.
(4) Any bye-law made under this section may provide that a contravention
thereof shall be punishable----
(a) with a fine which may extend to two hundred rupees ;
(b) in the case of a continuing contravention with a fine, which may
extend to twenty five rupees per day after conviction for the first
contravention during the period within which such contravention
continues.
Repeal and
savings.
276. (1) In this section unless the context otherwise requires.
(a) "appointed day" means such date as the State Government may, by
notification in the Official Gazette appoint;
(b) "an existing panchayat" means a gram panchayat, taluka panchayat or
district panchayat existing immediately before the appointed day, and where
any such panchayat has been superseded or dissolved includes the person or
persons appointed to exercise the powers or to perform the functions of such
panchayats;
(c) "the successor panchayat" means a village panchayat, taluka panchayat
or district panchayat constituted under this Act for such local area as
corresponds to the respective local area of the existing gram panchayat, taluka
panchayat or district panchayat.
(2) With effect on, and from the appointed day the Gujarat Panchayats Act, Guj. 6 of
1961 shall stand repealed and the following consequences shall ensue, that is to say— 1962.

(a) all property, movable and immovable, and all interests of whatsoever
and kind therein, which vested in an existing panchayat, immediately before the
1993 : Guj. 18] Gujarat Panchayats Act, 1993 105

appointed day, shall be deemed to be transferred to, and shall vest in the
successor panchayat, subject to all limitations, conditions and rights or interests
of any person, body or authority in force or subsisting immediately before the
appointed day;
(b) all rights, liabilities and obligations of an existing panchayat,
(including those arising under any agreement or contract) shall be deemed to be
the rights, liabilities and obligations of the successor panchayat ;
(c) any functions relating to recovery of land revenue and cesses under the
Land Revenue Code and law relating, to collection of cesses ; any functions of
district school boards ; any. functions under the Gujarat Co-operative Societies Guj. 10 of
Act, 1961 and any functions of the State Government under any enactment or 1962.
any other function of the State Government, transferred to an existing
panchayat under the repealed Act shall be deemed to have been transferred to
the successor panchayat under this Act;
(d) all sums due to an existing panchayat, whether on account of any tax or
otherwise, shall be recoverable by the successor panchayat and for the purposes
of such recovery the successor panchayat, shall be competent to take any
measure or institute any proceedings which it would have been open to an
existing panchayat, or any authority thereof to take or institute before the
appointed day ;
(e) the unexpended balance in the Gram Fund, Taluka Fund, District Fund
or, as the case may be, District Family Welfare Fund constituted under the
Repealed Act and all sums due to an existing panchayat and such sums of any
other body or bodies as the State Government may direct shall form part of, and
be paid into, the respective village fund, taluka fund, district fund or, as the case
may be, District Family Welfare Fund of the successor panchayat constituted
under this Act ;
(f) the unexpended balance in the State Equalisation Fund, District Equali-
sation Fund, District Gram Encouragement Fund and District Development
Fund established under the repealed Act shall form part of and paid into
corresponding fund established under this Act:
(g) all contracts made with, and all instruments executed by or on behalf of
an existing panchayat shall be deemed to have been made, with, or executed by
or on behalf of the successor panchayat, and shall have effect accordingly ;
(h) all proceedings and matters pending before the existing panchayat or
any authority of an existing panchayat, under the Repealed Act immediately
before the appointed day, shall be deemed to have been instituted and to be
pending before the successor panchayat or such authority as the successor
panchayat may direct;
(i) in all suits and legal proceedings pending on the appointed day in or to
which an existing panchayat, is a partly, the successor panchayat, shall be
deemed to be substituted thereof;
(J) any appointment, notification, notice, tax, fee, order, scheme, licence,
permission, rule, bye-law, regulation or form made, issued, imposed or granted
in respect of the local area of an existing panchayat under the Repealed Act and
in force immediately before the appointed day, shall, in so far as it is not
inconsistent with the provisions of this Act, continue to be in force as if made,
issued, imposed or granted in respect of the corresponding local area of the
successor panchayat under this Act untill superseded or modified by any
appointment, notification, notice, tax, fee, order, scheme, licence, permission,
rule, bye-law, regulation or form made, issued, imposed or granted under this
Act,
(k) all budget estimates, assessments, assessment, lists, valuations or
measurements made or authenticated by or in respect of an existing panchayat
under the Repealed Act and in force immediately before the appointed day
 106 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

shall, in so far as they are not inconsistent with the provisions of this Act, be
deemed to have been made or authenticated by the successor panchayat:
(l) all officers and servants in the employment of an existing panchayat
immediately before the appointed day, shall, subject to the provisions of this
Act be deemed to be transferred to the service of the successor panchayat ;
(m) any reference in any law or in any instrument to the provision of the
Repealed Act, or any authority constituted elected or appointed thereunder
shall, unless a different Intention appears, be construed as reference to the
corresponding provisions of this Act, or as the case may be, to the
corresponding authority constituted elected or or appointed under this Act.
277.(1) For the purpose of bringing the provisions of any law in force in the Powers of State
territory of this state into accord with the provisions of this Act, the State Government may Government to
by order published in the Official Gazette make such adaptations and modifications of such adapt laws.
law, whether by way of repeal or amendment, as may be necessary or expedient, and
provide that the law shall, as from such date as may be specified in the order have effect
subject to adaptations and modifications so made, and any such adaptation or modification
shall not be questioned in any court of law.
(2) Nothing in sub-section (1) shall be deemed---
(a) to empower the State Government to make any adaptation or
modification of any law after the expiration of four years from the
commencement of this section, or
(b) to prevent the State Legislature or other competent authority from
repealing or amending any law adapted or modified by the State Government
under this section.
Explanation :—The expression 'law in force" in this section, shall include a law
passed or made by the State Legislature or other competent authority in State before the
commencement of this section and not previously repealed, notwithstanding that it or parts
of it may not be then in operation either in all, or any particular areas in the State.
278. If any difficulty arises in giving effect to the provisions of this Act or any Removal of
Schedule, the State Government may, as occasion requires, by order do anything which dificulties.
appears to it to be necessary for the purpose of removing the difficulty.
1
[278 A. This Act shall apply to the Scheduled Areas of the State as referred to in Application of
clause (1) of article 244 of the Constitution of India, subject to the modifications specified Act to Scheduled
in Schedule IV. Areas of State.
278AA. The enactments specified in Schedule V shall, in their application to the
Amendment of
Scheduled Areas of the State as referred to in clause (1) of article 244 of the Constitution of certain Acts in
India, be amended to the extent specified in column 3 of the said Schedule.] their application
to Scheduled
Areas of State.
279. Where the term of a panchayat constituted under the Gujarat panchayats Transitional
Act, 1961 expires within one year from the commencement of the Constitution (Seventy- Provision.
Guj. 6 of 1962
third Amendment) Act, 1992 or a Panchayat constituted under the said Act is dissolved,
then until a panchayat is duly constituted under this Act for the first time and its first
meeting is held, its powers, functions and duties shall be performed by such person as the
State Government may by order in writing, appoint.
1. Sections 278A and 278AA were inserted by Guj. 5 of 1998, s. 2.

SCHEDULE-I
(see Section 99)
MATTERS IN RESPECT OF WHICH IT IS THE DUTY OF VILLAGE
PANCHAYATS TO MAKE PROVISION.
1. In the sphere of sanitation and health—
(a) supply of water for domestic use and for cattle;
(b) construction and cleaning of public roads, drains, ponds tanks and wells other than
tanks and wells used for irrigation purposes and other public places ;
(c) sanitation, conservancy, the prevention and abatement of nuisance;
1993 : Guj. 18] Gujarat Panchayats Act, 1993 107

(d) preservation and improvement of public health, establishing and maintaining public
hospitals and dispensaries providing public relief;
(e) regulation by licensing or otherwise of tea, coffee and milk shops;
(f) provision, maintenance and regulation of burning and burial grounds ;
(g) ensuring systematic disposal of carcasses, provision of definite place for the
purpose and other means for the disposal of unclaimed corpses and carcasses;
(h) construction and maintenance of public latrines ;
(i) taking of measures to prevent the outbreak, spread and recurrence of any
infections disease;
(J) reclaiming of unhealthy localities;
(k) removal of rubbish heaps, jungle growth, prickly pear, the filling in of disused
wells, insanitary ponds, pools, ditches, pits or hollows, the prevention of water-
logging in irrigated areas and other improvements of sanitary conditions ;
(l) maternity and child welfare;
(m) the encouragement of human and animal vaccination;
(n) the provision and maintenance of compost pits ;
(o) regulating the keeping of cattle and taking necessary steps against stray cattles and
dogs ;
(p) regulating, checking and abating of offensive or dangerous trade or practices ;
(q) watering public streets and places;
(r) cleaning public streets, places and sewers, and all spaces not being private property,
which are open to the enjoyment of the public, whether such places are vested in
the panchayat or not ; removing the noxious vegetation, and abating all public
nuisances ;
(s) extinguishing fires, and protecting life and property when fires occur ;
(t) removing obstruction and projections in public streets or places, and in spaces not
being private property, which are open to the enjoyment of the public, whether such
spaces are vested in the panchayat or belong to Government;
(u) securing or removing dangerous buildings or places ;
(v) constructing, altering and maintaining public streets, culverts, panchayat boundary
marks, markets, slaughter-houses, latrines, privies, urinals, drains, sewers, drainage
works, sewage work, baths, washing places, drinking fountains, tanks, wells, dams
and the like ;
(w) obtaining a supply of an additional supply of water, proper and sufficient for
preventing danger to the health of the inhabitants from the insufficiency or
unwholesomeness of the existing supply when such supply or additional supply can
be obtained at a reasonable cost;
(x) paying the salary and the contingent expenditure on account of such police or
guards as may be required by the panchayats for the purposes of this Act or for the
protection of any panchayat property ;
(y) constructing and maintaining residential quarters for the conservancy staff of the
panchayat;
(z) giving relief and establishing and maintaining relief works in time of famine or
scarcity to or for destitute persons within the limits of the Panchayat.
 108 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

2. In the sphere of public works-

(a) removing of obstructions and projections in public streets or places and in sites, not
being private property, which are open to the public whether such sites are vested in
the panchayat or belong to Government;
(b) construction, maintenance and repair of public roads, drains, bunds and bridges :
Provided that if the roads, drains, bunds and bridges vest in any other public
authority, such works shall not be undertaken without the consent of that authority ;
(c) maintenance and regulation of the use of buildings handed over to the panchayat or
XVI of 1927. of Government buildings under the control of the panchayat, grazing lands, forest
land including lands assigned under section 28 of the Indian Forest Act, 1927 and
tanks and wells (other than tanks and wells of irrigation);
(d) lighting of the village;
(e) control of fairs, bazars, tonga-stand and carts stands;
(f) construction and maintenance or control of slaughter houses;
(g) planting of trees in market places and other public places and their maintenance and
preservation ;
(h) construction and maintenance of Dharmashalas;
(i) management and control of bathing and washing ghats which are not managed by
any authority ;
(j) establishment and maintenance of markets;
(k) construction and maintenance of houses for conservancy staff and village
functionaries of the panchayat;
(i) provision and maintenance of camping grounds ;
(m) establishment, control and management of cattle pounds;
(n) establishment and maintenance of works for the provision of employment
particularly in times of scarcity;
(o) extension of village sites and the regulation of buildings and housing schemes in
accordance with such principles as may be prescribed;
(p) construction and maintenance of buildings for warehouses, shops, purchasing
centres and such others ;
(q) construction and maintenance of buildings for common use and of buildings
necessary for development activities ;
(r) generation, distribution and supply of electrical energy and other matters
connected therewith.
3. In the sphere of education and culture -
(a) spread of education ;
(b) establishment and maintenance of akhada, parks, clubs and other places of
recreation for the welfare of women and youth;
(c) establishment and maintenance of theaters for promotion of art and culture ;
(d) establishment and maintenance of libraries and reading rooms.;
(e) promotion of social and moral welfare of the village including prohibition,
propaganda, removal or untouchability, amelioration of the condition of the
backward classes, the eradication of corruption and the discouragement of
gambling and other anti-social activities ;
1993 : Guj. 18] Gujarat Panchayats Act, 1993 109

(f) assisting the introduction of compulsory primary education as planned by the State ;
(g) provision of school-buildings and of necessary equipment for education ;
(h) pre-primary education and child-welfare activities ;
(i) reqairs and maintenance of school buildings ;
(j) maintenance of school funds ;
(k) offering financial assistance to needy students;
(l) celebration of school functions and festivals ;
(m) arranging cultural programmes for the purposes of popular of education ;
(n) provision for light meals for school children, if possible ;
(o) establishment, construction and maintenance of secondary schools.
4. In the sphere of self-defence aid village defence,—
(a) watch and ward of the village and of crops therein and raising volunteer
organisations or organisations of any other kind, encouraging and assisting such
organisations ;
(b) providing for training facilities to the youth of the gram for the purpose of self-
defence and villages defence and assisting such training that may be oraganised by
the Government;
(c) preventing of fires, rendering assistance in extinguishing fires and protecting life
and property when fire occurs;
5. In the sphere or planning and administration-
(a) the preparation of plans for the development of the village ;
(b) assisting the implementation of soil improvement projects of the State
Government;
(c) economic survey of the gram accompanied by the provision of employment to the
unemployed or under employed residents thereof;
(d) preparation of budget, collection and maintenance of accounts, custody and
utilization of funds, assessment and collection of taxes and maintenance of an
Account Code ;
(e) use of assistance given by the Central or State Government for any purpose of the
village;
(f) making independent surveys of the gram or assisting such surveys under taken by
the Central or State Government;

(g) recruitment, training and management of staff to be employed by panchayat;

(h) control of cattle-stands, thrashing floors, grazing grounds and community lands ;

(i) establishment, maintenance and regulation of fairs, pilgrimages and festivals ;

(j) reporting to proper authorities complaints which are not removable by the
panchayat;

(k) preparation, maintenance and up-keep of the panchayat records;

(l) registration of births, deaths and marriages in such manner and in such form as
may be laid down by the State Government by general or special order in this
behalf;
110 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(m) numbering of premises.

6. In the sphere of Community Development -

(a) relief of the crippled, destitute and the sick;

(b) assistance to the residents when any natural calamity occurs ;

(c) organising, encouraging and assisting co-operative- activities in the economic and
social fields ;

(d) propagation of family planning ;

(e) organising voluntary labour for community works and works for the upliftment of
the village ;

(f) opening fair-price shops.

7. In the sphere of agriculture, preservation of forests and pasture lands-

(a) planned improvement of agriculture;

(b) securing minimum standards of cultivation in the gram with a view to increasing
agricultural production;

(c) establishment and management of model agricultural farm ;

(d) the establishment and maintenance of granaries ;

(e) bringing under cultivation waste and fallow lands vested by the State Government
in the panchayat;

(f) ensuring conservation of manurial resources, preparing composts and sale of

manure ;

(g) production of improved seeds, the establishing of nurseries of improved

seeds and promoting the use of improved seeds ;

(h) promoting the use of improved agricultural implements and making such
implements easily available ;

(i) the promotion of co-operative farming;

(j) crop-protection and crop-experiments;

(k) minor irrigation, construction and maintenance of filled channels and

distribution of water ;

(l) raising preservation and improvement of village forests, pastures and orchards;

(m) taking steps against harmful animals with a view to protection of crops.
8. In the sphere of Animal Husbandry-
(a) improvement of cattle and cattle-breeding ;
(b) the general care of live-stock;
(c) providing and maintaining stud bulls for purposes of cattle breeding ;
(d) promotion of dairy farming.
9. In the sphere of village Industries-
(a) surveying and harnessing industrial and employment potential of the gram;
(b) promoting hand-spinning, hand-weaving, dying, printing, embroidery, sewing, oil
pressing industry, leather-industry, pottery, carpentry, smithy, industries
processing agricultural raw materials into finished products, other cottage
1993 : Guj. 18] Gujarat Panchayats Act, 1993 111

industries and special arts or craft of the village, if any, and protecting,
encouraging and assisting these with a view to improving and develop them;
(c) providing necessary raw materials for cottage industries and arts and crafts ;
(d) making efforts for the production by the village craftsmen of modern and
improved tools for cottage industries and making such tools easily available to
them ;
(d) encouraging and assisting artisans for training in cottage industries and handicraft;
(f) providing for the organisation, management and development of cottge industries
on a co-operative basis.
10. In the sphere of collection of land revenue-
(a) collection of land revenue. when so empowered by the State Government under
section 168;
(b) maintenance of records relating to land revenue in such manner and in such form
as may be prescribed from time to time by or under any law relating to land
revenue.
SCHEDULE II
(See section 130 )
Part—I
MATTERS IN RESPECT OF WHICH IT IS THE DUTY OF A TALUKA
PANCHAYAT TO MAKE PROVISION.
1. In the sphere of sanitation and health—
(a) controlling small-pox and other epidemics and expansion and maintenance of
health services ;
(b) family planning;
(c) providing facilities for pure drinking water;
(d) maintenance and supervision of stores of drugs, dispensaries, pharmacies,
maternity homes and primary health centres ;
(e) cultivating public opinion on following methods for the preservation of health and
sanitation;
(i) nourishment;
(ii) maternity and child welfare ;
(iii) control and eradication of contagious diseases ;
(f) Providing for help and protection to the people against epidemics.
2. In the sphere of communication.
(a) construction and maintenance of village link roads ;
(b) Providing necessary assistance for construction and maintenance of village
approach roads.
3. In the spehere of education and culture—
(a) establishment and maintenance of primary schools ;
(b) preparing and implementing the programme of constructing buildings for primary
schools;
112 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(c) assisting educational activities of a village panchayat;

(d) enforcing in the taluka the law relating to compulsory primary education ;
(e) conducting and encouraging libraries, reading rooms and other cultural activities;
(f) assisting the propagation of pre-primary education.
4. In the sphere of social education—
To cultivate a new outlook among the people to make them self-reliant, industrious
and co-operation-minded, and especially—
(a) establishing and maintaining information centres, community educational centres
and recreation centres;
(b) establishing institutions for rendering social service such as youth clubs, women's
clubs and farmer's associations and encouraging any such institutions if already
established ;
(c) establishing a village defence corps ;
(d) encouraging physical and cultural activities ;
(e) establishing voluntary health associations;
(f) training gram-sevaks and utilising their services ;
(g) training gram-laxmis and gram-sevikas and utilising their services ;
(h) promoting childrens' activities.
5. In the sphere of community development—
(a) planning for increased employment and production, as well as for co-ordiration of
village institutions;
(b) training in self-help and self-sufficiency among the village community on the
principle of mutual co-operation;
(c) utilising the surplus energy, resources and time of the village for benefit of the
community;
(d) providing for the implementation of development programmes entrusted to it by
the State Government.
6. In the sphere of agricultural and irrigation—
(a) planning for agricultural improvement in the taluka :
(b) use of land and water resources and propagation of improved agricultural
methods according to the latest researches :
(c) construction and maintenance of irrigation works in the taluka :
(d) reclamation and conservation of agricultural land in the taluka ;
(e) maintenance of seed multiplication farms, assisting registered seed producers and
distribution of seeds in the taluka :
(f) raising the production of fruits and vegetables :
(g) conservation of manurial resources, preparing compost manure, organic
manure and mixture and to arrange for making them easily available :
(h) promoting the use of improved agricultural implements and arranging to make
them easily available :
(i) the protection of crops, fruit-trees and plants against disease ;
(j) establishment and management of model agricultural farms :
1993 : Guj. 18] Gujarat Panchayats Act, 1993 113

(k) providing credit and other facilities for irrigation and agricultural development:
(l) increasing the area of land under irrigation by construction and repairs of wells,
digging and repairs of private ponds by undertaking minor irrigation works and
by supervision of field channels :
(m) increasing the use of sub-soil water by boring wells and giving assistance in
regard to such wells :
(n) providing for the timely and equitable distribution and full use of water,
available under irrigation schemes.
7. In the sphere of animal husbandry—
(a) improving cattle-breed by introduction of stud bulls, by castration of stray
bullocks and establishment and maintaining artificial insemination centres :
(b) introducing 'improved breeds, of cattle, sheep, poultry, etc. giving grants therefor
and maintenance of small breeding centres :
(c) controlling and checking infectious diseases :
(d) introducing improved grass and cattle-feeds and providing for their storage :
(e) starting and maintaining first-aid centres and veterinary dispensaries :
(f) providing for milk supply :
(g) solving the problem of stray cattle.
8. In the sphere of village and small-scale industries—
To promote, cottage village and small-scale industries with a view to providing
increased employment and raising people's standard of living and especially-
(a) to establish and maintain production and training centres :
(b) to improve the skills of artisans :
(c) to popularise improved implements
(d) to ensure the implementation of scheme for Cottage, Village and Small-
Scale Industries run by the Khadi and Village Industries Board and other All
India Associations;
(e) to establish industrial townships at the Taluka level:
(f) to develop wool industry.
9. In the sphere of co-operation—
To promote the idea of Co-operation in different fields of life and to organise and
encourage co-operative institutions in the economic and social fields and especially—
(a) to establish and promote the development of multipurpose co-operative societies
for credit, sale, industry, irrigation and agriculture :
(b) promoting savings through thrift, small savings and insurance schemes,
10. In the sphere of women's welfare—
Implementing of schemes for women's and children's welfare and maintaining
women's and children's welfare centres, education centres, craft centres and tailoring
centres.
11. In the sphere of social welfare—
(a) provision of hostels for students of backward classes and Scheduled Castes and
Schedule Tribes:
114 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(b) implementing schemes of rural housing :

(c) maintaining decrepit beggars ;
(d) sponsoring voluntary institutions of social welfare and co-ordinating and
assisting their activities ;
(e) propaganda for prohibition and against drug addiction.
12. In the sphere of relief—
Providing immediate relief in cases of floods, fires, epidemics and other natural
calamities on a small or large scale.
13. In the sphere of collection of statistics—
Collecting and co-ordinating statistics as may be required by the village panchayats,
taluka panchayats or district panchayats or by the State Government.
14. In the sphere of trusts—
Managing trusts in furtherance of the objects of any programme that may be carried
out with the taluka fund.
15. In the sphere of forests—
Promoting the development of village jungles and pastures.
16. In the sphere of rural housing—
Development of village-sites with the co-operation of the village population and
planning of rural housing.
17. In the sphere of information—
(a) community radio listening programme :
(b) arranging exhibitions ;
(c) publications.
PART II
(See section 130)
FUNCTIONS AND DUTIES OF A TALUKA PANCHAYAT
It shall be the duty of a taluka panchayat—
(a) to assist in conducting and revising educational surveys and in preparing and
implementing Five Year Plan for the development of primary educational and all
other educational activities entrusted to it;

(b) to provide adequate accommodation and equipment for primary schools ;

(c) to open, with the sanction of the district panchayat, new primary schools in
places where they are needed ;

(d) to determine the exact location of primary schools ;

(e) to supervise the working of all primary schools and of such other educational
institutions under the control of the district panchayat as that panchayat may
decide from time to time :

(f) to exercise such powers over the staff employed in primary schools and other
educational institutions under the control of the district panchayats as may be
delegated to it from time to time:
1993 : Guj. 18] Gujarat Panchayats Act, 1993 115

(g) to supervise the activities of the village panchayats within the jurisdisction of the
taluka panchayats to ensure that each such panchayat pays its contribution to the
School Funds, if any, and to bring cases of default to the notice of the
Educational Inspector of the district and generally to guide them to maintain and
improve the primary school or schools in their charge:

(h) to be responsible for the enforcement of compulsory primary education;

and, without prejudice to the generality of the foregoing provisions —

(i) to determine on the recommendation of the competent officer of the district

panchayat, the distance measured according to the nearest road between an
approved school and the residence of the child for the purposes of the Bom. LXI of
1947.
Bombay Primary Education Act, 1947 ;

(ii) to grant, on the recommendation of the aforesaid competent officer,

exemption from attending an approved school to a child who is receiving
instruction otherwise than in an approved school,

(i) to grant sanction to the changes in the dates of birth and the names of pupils
attending primary schools;

(j) to construct new buildings for primary schools and to carry out special repairs;

(k) to sanction grants-in-aid to gram panchayats for their standing committee for
Education;

(l) to inform, and, if necessary to advise, the district panchayat, generally on all
matters connected with primary education and other educational activities
undertaken by the district panchayat in the taluka ;

(m) to carry on propaganda in the Taluka for the expansion and improvement of
education in general and primary education in particular; and

(n) to exercise such other powers and to perform such other duties as may be
delegated to it by the district panchayat from time to time;

(o) to hire building for primary schools with sanction of the taluka panchayat on
reasonable rent, which shall be certified by the competent authority ;

(p) the supervision of individual primary schools;

(q) to secure the enforcement of the Bombay Primary Education Act, l947, and the Bom. LXI of
rules or orders made thereunder. 1947.
116 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

SCHEDULE-III
PART I
(See section 154)
MATTERS IN RESPECT OF WHICH IT IS THE DUTY OF DISTRICT
PANCHAYAT TO MAKE PROVISION.
1. In the sphere of sanitation and health—
(a) establishment and maintenance of dispensaries ;
(b) provision and maintenance of drinking water supply ;
(c) taking necessary action or steps for improvement in public health and public
amenities ;
(d) establishment and maintenance of primary health centres ;
(e) assisting family-planning;
(f) supply of milk to children and nursing mothers in families in the low income group;
(g) providing for training to mid-wives ;
(h) giving protection against diphtheria, whooping cough and tentanus;
(i) establishment and maintenance of ayurvedic and homeopathic dispensaries;
(j) provision of medical relief through ayurvedic and homeopathic centres;
(k) assisting recognised medical relief-centres;
(l) providing for training of nurses.
2. In the sphere of public works—
(a) construction and maintenance of roads;
(b) the planting and rearing of trees on both sides of the roads ;
(c) execution of works entrusted to it by the State Government;
(d) supervision, repairs and preservation of building vested in the district panchayat;
(e) construction and maintenance of buildings required for the activities of the
district panchayat.
3. In the sphere of education and other cultural activities—
(a) undertaking all educational activities entrusted to it:
(b) planning of education in the district within the frame work of the national policy
and the national plan ;
(c) survey and evaluation of educational activities;
(d) distribution of Government aid in regard to primary education between the taluka
panchayats ;
(e) recognising private educational institutions within its area ;
(f) recommending the courses of study ;
(g) selection of text-books ;
(h) implementation of any programme in regard to secondary education that
may be entrusted to it by the State Government:
1993 : Guj. 18] Gujarat Panchayats Act, 1993 117

(i) inspection of primary schools managed by the taluka panchayats and conduct of
their examination;

(j) accepting and managing educational funds ;

(k) assisting, encouraging and guiding all educational activities in the district;

(l) organising camps, conferences, and gatherings of members of village panchayats,

taluka panchayats and district panchayat in the district.

4. In the sphere of administration—

(a) collection of necessary stores and materials;

(b) publication of statistical and other information relating to activities of panchayats;

(c) co-ordination and use of statistics and other information required for the activities
of the village panchayats, taluka panchayats and district panchayats;

(d) periodical supervision and evaluation of the projects and programmes entrusted to
the different panchayats in the district;

(e) accepting donations in the furtherance of the purposes for which fund might have
been raised.

5. In the sphere of community development—

(a) co-ordination and integration of the development schemes of all talukas in the
district and preparing a plan therefor for the whole district;

(b) preparation of projects, plans and schemes concerning two or more talukas in the
district;

(c) (i) promoting the establishment and development of panchayats ;

(ii) inspection, regulation and control of the taluka panchayats in the district,

(iii) performance of all such functions as are assigned to it under any law or as
may be assigned by the State Government from time to time;

(d) implementation of any development programme that may be entrusted to it by

the State Government;

(e) distribution and co-ordination of work among village panchayats, taluka

panchayats and district panchayats,

6. In the sphere of agriculture—

(a) undertaking intensive pioneering schemes relating to paddy, wheat, bajari, juwar,
ground-nuts and cotton;

(b) construction and maintenance of building for seeds distribution centres ;

(c) implementation of schemes of manure,

(d) promoting the planting of coconut palm.

(e) arranging for the purchase and sale of necessary equipment for the protection of
plants;

(f) arranging for the purchase and sale of insecticides;

(g) establishment and maintenance of model agricultural farms:

118 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(h) procuring and distributing improved seeds;

(i) implementing schemes relating to agricultural production and agricultural
development;
(j) arranging exhibitions as competitions and other programmes in connection with
agricultural development and cattle-breeding.
7. In the sphere of animal husbandry—
(a) establishment and maintaining supply-centres for cattle-breeding
(b) giving encouragement and assistance to cattle breeding centres run by recognised
institutions ;
(c) the implementation of schemes of key villages;
(d) the implementing of the schemes of Goshala development;.
(e) provision for the rearing of stud calves ;
(f) the development of grass-lands ;
(g) encouraging and assisting schemes for the storage of grass ;
(h) implementing schemes of poultry farming ;
(i) the implementation of the schemes of cattle breeding ;
(j) establishment and maintaining veterinary hospitals and dispensaries.
8. In the sphere of Village and small scale industries—
(a) examining the possibilities of village industries and small scale Industries in the
district, preparation, and execution of plans for their revival, organisation and
development;
(b) providing for necessary assistance and encouragement of technical training to
village workers in village industries and small scale industries relating to their
crafts ;
(c) establishing maintaining, expending and aiding Secondary, technical and
industrial school.
9. In the sphere of Social Welfare—
(a) providing necessary assistance and encouragement to the work of institutions of
social service
(b) conducting necessary social welfare activities in the district ;
(c) arranging fairs and festivals other than fairs and festivals arranged by the State
Government.
10. In the sphere of relief—
Establishment and management of relief centres in times of natural calamities such as
famine and scarcity, floods, fire and earthquake.
11. In the sphere of minor irrigation projects—
(a) provision for irrigation by canals from tanks and bunds;
(b) the implementation of the schemes of tube-wells;
(c) digging new wells and repairing old wells for irrigation;
(d) giving assistance for the purchase of pumping sets and machinery ;
(e) provision and propagandas for improved Kosi;
(f) providing detonators and boring equipment for wells;
(g) encouraging and assisting irrigation schemes on a co-operating basis.
1993 : Guj. 18] Gujarat Panchayats Act, 1993 119

PART-II
(See section 145(1) (iii) )

FUNCTIONS AND DUTIES OF EDUCATION COMMITTEE OF A DISTRICT

PANCHAYAT

It shall be the duty of the education committee of a district panchayat—

(a) to undertake all educational activities ;

(b) to undertake the planning of education in the district within the frame work of the
national policy and the national plan ;

(c) to survey and evaluate educational activities ;

(d) to act as a channel for the State Government in regard to primary education to
reach panchayat ;

(e) to make suggestions as to courses of study for being determined by the State
Government ;

(f) to make suggestions as to the selection of text-books by the State Government ;

(g) to implement any programme in regard to secondary education entrusted to the

district panchayat by the State Government ;

(h) to arrange for the inspection of primary schools managed by the taluka panchayat
and to conduct their examination ;

(i) to supervise the working of all primary schools and of such other educational
institutions under the control of the District Panchayat as that panchayat may
decide from time to time;

(j) to supervise the activities of village panchayats within the jurisdiction of the
District Panchayat to ensure that earn such Panchayat pays its contribution to the
school funds, if any, and to bring cases of default to the notice of the Educational
Inspector of the District and generally to guide them to maintain and improve
primary school or school in their charge ;

(k) to accept and manage educational funds ;

(l) to assist, encourage and guide all educational activities in the district ;

(m) to discharge the following duties if the district panchayat makes provision for
secondary and other education—

(i) to conduct secondary schools providing for diversified courses in rural areas
where private enterprise is not available and to introduce a number of High
School Scholarships for poor and deserving in rural area ;

(ii) to conduct hostels for High Schools as well as for pupils in Standard V
to VII.

(iii) to provide for part-time education of children who leave school at about the
age of 11 and of the children whose age is between 11 and 14 years and who
are absolutely illiterate ;

(iv) to make arrangement for vocational education in rural areas ;

(v) to push the scheme of social education classes; village libraries and pre-
primary education ;
120 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(vi) to recognise and aid gymnasia and to organise recreational centres and
holiday and school camps.
1
[ SCHEDULE IV
(See section 278A)
(Modifications subject to which this Act applies to the Scheduled Areas of the
State.)
1. In section 2, after clause (19), the following clause shall be inserted, namely :-
(19A) "Scheduled Areas" means the Scheduled Areas of the State as referred to
in clause (I) of article 244 of the Constitution of India ;".
2. For section 4, the following section shall be substituted, namely :-
"4. (1) There shall be a gram sabha for a village for performing such functions Gram Sabha.
as Gram Sabha are provided by or under this Act.
(2) The gram sabha shall consist of persons whose names are included in the
list of voters of electoral divisions of that village.
(3) The gram sabha shall perform the following additional functions,
namely :—
(a) The gram sabha shall endeavour to safeguard and preserve the
traditions and customs of the inhabitants of the village, their cultural
identity, community resources and the customary mode of dispute
resolution.
(b) The gram sabha shall—
(i) approve the plans, programmes and projects for social and
economic development before such plans, programmes and
projects are taken up for implementation by the village
panchayat;
(ii) be responsible for the identification or selection of persons as
beneficiaries under poverty alleviation and other programmes in
the village.".
3. In section 7, to sub-section (I), the following proviso shall be added, namely :—
'Provided that while making a recommendation in respect of a local area in the
Scheduled Areas it shall be ensured that the local area shall ordinarily consist of a
habitation or a group of habitations or a hamlet or a group of hamlets comprising a
community and managing its affairs in accordance with the traditions and customs.".
4. In section 9, in sub-section (5), in clause (a), after sub-clause (i), the following
sub-clause shall be inserted, namely :—
"(ia) In the case of a village panchayat, the whole local area of which
comprises of any of the Scheduled Areas, the number of seats reserved
for the Scheduled Tribes under sub-clause (i) shall be increased to such
number as is not less than one-half of the total number of seats in the
village panchayat.".
5. In section 10, in sub-section (5), in clause (a), after sub-clause (i), the following
sub-clause shall be inserted, namely :—
"(ia) In the case of a taluka panchayat, the whole local area of which
comprises of any of the Scheduled Areas, the number of seats reserved
for the Scheduled Tribes under sub-clause (i) shall be increased to such
number as is not less than one-half of the total number of seats in the
taluka panchayat.".
6. In section 11, in sub-section (5), in clause (a), after sub-clause (i), the following
sub-clause shall be inserted, namely :—
"(ia) In the case of a district panchayat, the whole local area of
which comprises of any of the Scheduled Areas the number of seats
reserved for the Scheduled Tribes under sub-clause (i) shall be increased
to such number as is not less than one-half of the total number of seats in
the district panchayat.".

1
Schedules IV and V were added by Guj. 5 of 1998, s. 3.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993 121

7. After section 11 the following section shall be inserted, namely:-

Nomination of " 11 A. If for any reason an election does not result in the return of any
members of
Scheduled member of Scheduled Tribes in a taluka panchayat or district panchayat, then the State
Tribes. Government may nominate from amongst members belonging to Scheduled Tribes who
are qualified to be elected, such number of members as not to exceed one-tenth of the
total members to be elected in that panchayat.".
8. In section 51, in sub-section (2),-
(1) for clause (a), the following shall be substituted, namely :-
"(a) All offices of sarpanch of village panchayats in the State shall be
reserved by the State Government for the Scheduled Tribes.
Explanation.-For the purposes of this clause, "village panchayat"
means the village panchayat, the whole local area of which comprises of the
Scheduled Areas.";
(2) in clause (b),--
(a) in sub-clause (i) the word "and" shall be deleted,
(b) sub-clause (ii) shall be deleted.
9. In section 63, in sub-section (2),--
(i) for clause (a), the following shall be substituted, namely :-
"(a) All offices of President of the taluka panchayats in the State shall be
reserved by the State Government for the Scheduled Tribes.
Explanation.-For the purposes of this clause, "taluka panchayat"
means the taluka panchayat, the whole local area of which comprises of the
Scheduled Areas.";
(2) in clause (b),--
(a) in sub-clause (i) the word "and" shall be deleted,
(b) sub-clause (ii) shall be deleted.
10. In section 77, in sub-section (2),--
(1) for clause (a), the following shall be substituted, namely :-
"(a) All offices of President of the district panchayats in the State shall be
reserved by the State Government for the Scheduled Tribes.
Explanation.-For the purposes of this clause, "district panchayat"
means the district panchayat, the whole local area of which comprises of
the Scheduled Areas.";
(2) in clause (b),--
(a) in sub-clause (i) the word "and" shall be deleted,
(b) sub-clause (ii) shall be deleted.
11. In section 108, after sub-section (4), the following sub-section shall be added,
namely :-
(i) for clause (a), the following shall be substituted, namely :-
(5) (a) for the purposes of this Act, there shall be vested in the village
panchayat minor forest produce found (except found in the areas
of National Parks or Sanctuaries) in such area of a forest as is
situate in the jurisdiction of that village.
(b) The sale proceeds of the minor forest produce shall be paid into
and form part of the village fund.
 122 Gujarat Panchayats Act, 1993 [1993 : Guj. 18

(c) Nothing in clause (a) shall be construed as vesting in the village

panchayat the land in the area of forest referred to in clause (a)
and trees and plantations thereon.
Guj. 7 of
1979.
Explanation.-For the purposes of this sub-section the expression
"minor forest produce" shall have the same meaning as assigned to it in
clause (9) of section 2 of the Gujarat Minor forest Produce Trade
Nationalization Act, 1979.
12. In section 112 after sub-section (1), the following sub-section shall be inserted
namely :-
"(1A) The village panchayat shall obtain from the gram sabha a certificate of
utilization of funds by that panchayat for the plans, programmes and projects
referred to in sub-clause (i) of clause (b) of sub-section (3) of section 4,".
13. After section 132, the following section shall be added, namely :-
Taluka
"132A. The taluka panchayat shall be consulted,--
Panchayat to
"(a) before acquiring under the Land Acquisition Act, 1894 any land, situate be consulted
1 of 1894. before
in the taluka for any development project; acquisition of
land
(b) before resettling or rehabilitation persons affected by such project.''. rehabilitation
of persons
affected.
14. In Schedule I,--
(1) in entry I, after sub-entry (i) the following sub-entry shall be inserted,
namely :-
"(ia) enforcing prohibition and regulating or restricting the sale and
consumption of intoxicants ;" ;
(2) In entry 7, after sub-entry (k), the following sub-entry shall be inserted,
namely :-
"(k-i) Planning and management of water bodies;
(3) after entry 10, the following entry shall be added, namely :-
"(11) In the sphere of social sectors-
the power to exercise control over institutions and functionaries in all social
sectors.";
15. In Schedule II, in Part I, in entry 5, after sub-entry (d), the following sub-
entry shall be added, namely :-
"(e) control over local plans and resources for such plans including tribal
sub-plans".
1993 : Guj. 18] Gujarat Panchayats Act, 1993 123

SCHEDULE V

Acts amended.
(See section 278AA)

Serial Short Title Extend of amendment

No.
1. The Bombay Land In section 73AA,--
Revenue Code, 1879
(Bom. V of 1879) (1) In sub-sections (1) and (2), for the "the
Collector'', the words "the District
panchayat" shall be substituted;
(2) in sub-section (3) in clause (a),--
(a) for the words "occupancy to another
tribes", "the words "occupancy to any
person" shall be substituted.
(b) for the words "the Collector" occurring at
two places, the words "the District
panchayat" shall be substituted.
(3) in sub-section (4), in clause (a),the words
brackets and figures "of sub-section (1) of this
section, or" shall be deleted.
(4) in the Explanation, before clause (i), the
following clause shall be inserted, namely :-
"(ia) "District panchayat" means a district
panchayat of a district comprising of any
Scheduled Areas of the State as referred
to in clause (1) of article 244 of the
Constitution of India, in which the
occupancy of the tribal exists.".
2. The Bombay Money- After section 17, the following shall be inserted,
Lenders Act, 1946, namely,--
(Bom. XXX of 1946.)
Previous sanction of "17A. No money lender shall lend any money to a
village panchayat before member of the Scheduled tribe residing in a
lending money to Scheduled Areas of the State as referred to in
member of Scheduled clause (1) of article 244 of the Constitution of
Tribe. India, without previous sanction of the village
panchayat of that village."].

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Government Central Press, Gandhinagar.