GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMENTARY AFFAIRS

DEPARTMENT

The Gujarat Panchayats Act, 1993

(GUJARAT ACT No. 18 of 1993)

(As modified upto the 31st May, 2017.)

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PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING PUBLICATIONS AND STATIONERY
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2017
 II GUJARAT PANCHAYATS ACT, 1993. 1993 : GUJ. 18]

2017
© Government Printing & Stationery,
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 1993 : GUJ. 18] GUJARAT PANCHAYATS ACT, 1993. III

CONTENTS
PREAMBLE
SECTIONS
PAGE
SECTION
No.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. 1
2. Definitions. 1
CHAPTER II
ESTABLISHMENT OF PANCHAYATS OF DIFFERENT TIERS.
(A) Establishment of panchayats and their area of jurisdiction.
3. Establishment of Panchayats of different tiers. 3
4. Gram Sabha. 3
5. Incorporation of Panchayats of different classes. 3
6. Subordination of Panchayats amongst themselves and their powers, functions and duties. 3
7. Recommendation of specification of village. 4
8. Panchayat Organisation and the exercise of control over panchayats by State Government. 4
(B) Constitution of Panchayats and their duration.
9. Constitution of Village Panchayats. 4
10. Constitution of Taluka Panchayats. 5
11. Constitution of District Panchayats. 6
12. Location of headquarters of district or taluka panchayat. 7
13 Duration of panchayats and their reconstitution. 7
CHAPTER III
ELECTION OF MEMBERS OF PANCHAYATS,
ELECTION DISPUTES, ETC.
14. Definitions. 7
15. Election. 7
PROVISIONS RELATING TO ELECTIONS
16. Electoral divisions. 8
17. List of voters for every electoral division. 8
18. Preparation of list of voters. 8
19. Persons qualified to be registered as voters. 9
20. List of voters. 9
21. Name of person not to be included in list of voters for more than one electoral division. 9
22. Name of person not to be included in list of voters for more than once. 9
23. Period for which a list of voters shall remain in operation. 10
24. Staff of panchayat to be made available. 10
25. Jursdiction of civil courts barred. 10
26. Making false declaration. 10
27. Breach of official duty in connection with the preparation, etc. of list of voters. 10
 IV GUJARAT PANCHAYATS ACT, 1993. 1993 : GUJ. 18]
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28. Persons qualified to vote and be elected. 10
29. Restriction on simultaneous or double membership. 11
30. Disqualification. 11
31. Determination of validity of election, inquiry by judge and procedure. 13
32. Disability from continuing as member. 15
33. Fresh election if election is invalid. 15
34. Power of State Election Commission to require services of panchayat staff for election. 15
OBLIGATION TO VOTE.
34 A. Obligation to vote. 15
34 B. Declaration of a voter to be a defaulter voter. 16
34 C. Valid an sufficient reasons for not voting. 16
34 D. Notice. 16
34 E. Appeal. 16
ELECTION OFFENCES
35. Prohibition of canvassing in or near polling station. 16
36. Penalty for disorderly conduct in or near polling station. 16
37. Penalty for misconduct at polling station. 17
38. Maintenance of secrecy of voting. 17
39. Officers, etc. at elections not to act for candidates or influence voting. 17
40. Breaches of official duty in connection with elections. 17
41. Removal of ballet papers from polling station to be offence. 18
42. Other offences and penalties therefor. 18
43. Prosecution in certain offences. 19
REQUISITIONING OF PREMISES FOR THE PURPOSES OF ELECTION.
44. Requisitioning of premises, vehicles, etc. for election purposes. 19
45. Payment of compensation. 19
46. Power to obtain information. 20
47. Power of entry into and inspection of premises, etc. 20
48. Eviction from requisitioned premises. 20
49. Release of premises from requisition. 20
50. Penalty for contravention of any order regarding requisition. 21

CHAPTER IV
PROVISIONS RELATING TO PRESIDING OFFICERS OF PANCHAYATS AND
MEMBERS OF PANCHAYATS.
PART I
VILLAGE PANCHAYATS
51. First meeting of panchayat and election of Upa-Sarpanch. 21
52. Duty of retiring Sarpanch, etc. to handover charge of office. 22
53. Term of office of members of village panchayat and of Sarpanch, etc. thereof. 22
54. Resignation of members, Sarpanch or Upa-Sarpanch. 22
55. Executive functions of Sarpanch or Upa-Sarpanch. 22
56. Motion of no confidence. 23
57. Removal from office. 24
 1993 : GUJ. 18] GUJARAT PANCHAYATS ACT, 1993. V
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58. Leave of absence. 24
59. Suspension of Sarpanch or Upa-Sarpanch. 24
60. Eligibility of certain members for re-election. 25
61. Filling up of vacancies. 25
62. Acts and proceedings of panchayat and committee not vitiated by 25
disqualification, etc. of members thereof.

PART II
TALUKA PANCHAYATS
63. First meeting of panchayat and election of President and Vice-President. 26
64. Duty of retiring President, etc. to handover charge of office. 26
65. Honorarium, allowances, etc. to President and Vice-President and travelling allowances to 27
members.
66. Payment of honorarium to President during leave or absence. 27
67. Term of office of members, President and Vice-President. 27
68. Resignation. 27
69. Powers and functions of President and Vice-President. 28
70. Motion of no confidence. 28
71. Removal from office. 29
72. Leave of absence. 29
73. Suspension of President or Vice-President. 29
74. Eligibility of certain members for re-election. 30
75. Filling up of vacancies. 30
76. Acts and proceedings of panchayat and committee not vitiated by disqualification, 30
etc. of members thereof.

PART III
DISTRICT PANCHAYATS
77. First meeting of district panchayat and election of President and Vice- President. 31
78. Duty of retiring President, etc. to handover charge. 31
79. Honorarium and allowance, etc. to President and Vice-President and travelling allowances to 32
members.
80. Payment of honorarium to President during leave or absence. 32
81. Term of office of members of district panchayat and of President and Vice-President. 32
82. Resignation. 32
83. Powers and functions of President and Vice-President. 33
84. Motion of no confidence. 33
85. Removal from office. 34
86. Leave of absence. 34
87. Suspension of President or Vice-President or Chairman of Committee. 34
88. Eligibility of certain members for re-election. 35
89. Filling up of vacancies. 35
90. Acts and proceedings of panchayat and committee not vitiated by disqualifications etc. of 35
members thereof.
 VI GUJARAT PANCHAYATS ACT, 1993. 1993 : GUJ. 18]
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No.
CHAPTER V
CONDUCT OF BUSINESS, ADMINISTRATIVE POWERS AND DUTIES,
PROPERTY FUND AND ACCOUNTS, ETC. OF PANCHAYATS.
PART I
PROVISIONS RELATING TO VILLAGE PANCHAYATS.
(A) Conduct of business.
91. Meeting of Panchayats. 36
92. Village Panchayat Committees, their constitution, powers, functions and 36
duties.
93. Meeting of Gram Sabha. 37
94 Panchayat to place before gram sabha statement of accounts, etc. and 38
duties of gram sabha.
95. Procedure in respect of meetings. 38
96. Questions to be decided by majority of votes. 38
97. Modification or cancellation of resolutions. 38
98. Invitees at meetings of Panchayat. 38
(B) Administrative powers and duties.
99. Administrative powers of Panchayats. 38
100. Other functions of Panchayats. 38
101. Power to compromise. 39
102. Local inquiry and reports by village panchayat. 39
103. Powers of panchayats to manage institutions or execute work transferred to it by taluka or 40
district panchayat.
104 Control on erection of buildings. 40
105. Obstruction and encroachment upon public streets and open sites. 41
106. Numbering of premises. 42
107. Power of Taluka Development Officer to require owner to provide water closet or privy 43
accommodation.
(C) Property and Funds.
108. Government may vest certain lands in panchayat. 44
109. Other property of village panchayat. 44
110. Limitation on power of panchayat to transfer immovable property. 44
111. Village Fund. 44
112. Application of fund. 45
113. Decision on claims to property by or against village panchayat. 45
(D) Officers and servants of panchayats.
114. Secretary and servants of panchayats 46
(E) Contribution to District Development fund.
115. Contribution to District Development Fund. 46
(F) Budget Estimates.
116. Annual Budget Estimates. ' 46
117. Revised or supplementary budget or re-appropriation of funds. 47
118. Except in emergency no sum to be expended unless it has been included in budget estimates. 47
119. Accounts of income and expenditure. 47
120. Annual administration report. 47
 1993 : GUJ. 18] GUJARAT PANCHAYATS ACT, 1993. VII
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(G) Audit of the accounts of village panchayats.
121. Audit of Accounts of Panchayats. 47
PART II
PROVISIONS RELATING TO TALUKA PANCHAYATS.

(A) Conduct of business.

122. Meeting of Taluka Panchayat. 48
123. Taluka panchayat committees, their constitution, powers, functions and duties. 48
124. Honorarium to Chairman of Social Justice Committee. 50
125. Travelling allowance to members of committee who are not members of a taluka panchayat. 51
126. Procedure in respect of meetings. 51
127 Questions to be decided by majority of votes. 51
128. Modification or cancellation of resolutions. 51
129. Invitees at meetings of taluka panchayat and its committees. 51
(B) Administrative Powers and Duties.
130. Administrative powers of panchayats. 51
131. Other functions of panchayats. 51
132. Entrustment of work, etc. to taluka panchayat by district panchayat. 52
(C) Property and Fund.
133. Property of taluka panchayats. 52
134. Taluka fund. 53
135. Application of Taluka fund. 53
(D) Officers and Servants.
136. Secretary, officers and servants of taluka panchayats. 53
137. Powers and functions of Taluka Development Officer. 54
(E) Budget Estimates
138. Annual Budget Estimates. 55
139. Revised or supplementary budget and re-appropriation of fund. 55
140. Except in emergency no sum to be expended unless it has been included in budget. 55
141. Accounts of income and expenditure. 55
142. Annual administration Report. 55
(F) Audit of the accounts of panchayats.
143. Audit of accounts. 56
PART III
PROVISIONS RELATING TO DISTRICT PANCHAYAT
(A) Conduct of business.
144. Meetings of district panchayat. 56
145. District Panchayat Committees, their constitution, powers, functions and duties. 56
146. Removal of Chairman of Education Committee. 59
147. Honorarium, etc. to Chairman, Education Committee. 59
 VIII GUJARAT PANCHAYATS ACT, 1993. 1993 : GUJ. 18]
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148. Honorarium, etc. to Chairman, Social Justice Committee. 59
149. Travelling allowance to members of a committee who are not members of district panchayat. 60
150 Procedure in respect of meetings. 60
151. Questions to be decided by majority of votes. 60
152. Modification or cancellation of resolution. 60
153. Invitees at meetings of district panchayat and its committees. 60
(B) Administrative Powers and Duties
154. Administrative Powers of Panchayats. 60
155. Other functions of panchayats. 60
156. Powers of District Panchayat to undertake works, etc. 61
on behalf of Government to give technical advice.
(C) Property and Fund
157. Property of District Panchayats. 61
158. District Fund. 62
159. Application of District Fund. 62
160. District Family welfare Fund. 62
(D) Officers and Servants
161. Secretary and Officers and Servants of District Panchayat. 63
162. Powers and Functions of District Development Officer. 63
(E) Budget Estimates
163. Budget Estimates of District Panchayat and Re-appropriation of fund. 64
164. Copy of budget estimate to be forwarded to competent authority. 64
165. Except on pressing emergency no sum to be expended unless it has been included in budget 64
estimate.
166. Accounts and Audit. 65
167. Annual reports. 65
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.
168. Recovery of land revenue by panchayats. 65
169. Responsibility of the panchayats. 65
170. Conferment of powers and duties for collection of land revenue on panchayats. 65
171. Certain class of officers posted under panchayat to be revenue officers and their powers. 65
172. Right of State Government to collect land revenue unaffected. 66
173. Collector to appoint officer on suspension of powers of panchayat. 66
(B) Delegation of the functions under the Gujarat Co-operative Societies Act, 1961.
174. Delegation of powers of Registrar of Co-operative Societies to panchayats. 66
(C) Transfer of functions of State Government to Panchayats
175. Transfer of functions of State Government to Panchayat. 66
176. Transfer of rights and liabilities in respect of property transferred to panchayat. 67
177. Obligation or liability of servants transferred under section 175 not affected. 67
178. Withdrawal of powers, functions, etc. from district panchayats. 68
 1993 : GUJ. 18] GUJARAT PANCHAYATS ACT, 1993. IX
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No.
CHAPTER VII
PROVISION AS TO DEVOLUTION OF POWERS AND RESPONSIBILITIES UPON
PANCHAYATS WITH RESPECT TO DEVELOPMENT PLANS AND
IMPLEMENTATION OF CERTAIN SCHEMES.
179. Preparation of development plans by panchayat. 68
180. Entrustment of schemes to panchayats for implementation. 68
CHAPTER VIII
CATTLE POUNDS.
181. Cattle Trespass Act to cease to apply. 70
182. Power to establish cattle pounds and appoint pound keepers. 70
183. Penalty for allowing cattle to stray in street or to trespass upon private or public property. 70
184. Impounding cattle. 71
185. Delivery of cattle claimed and consequences of failure to pay pound fees and expenses, etc. 71
186. Sale of cattle not claimed. 71
187. Pound fees and expenses charageable to be fixed. 71
188. Complaints of illegal seizure or detention. 72
189. Security in respect of impounded cattle. 72
190. Removal of cattle to specified places. 72
CHAPTER IX
TAXATION.
PART I
TAXATION BY THE STATE GOVERNMENT
191. Levy of fifty paise cess on every rupee of land revenue. 73
192. Rules for assessment. 74
193. Levy of cess on water rate. 74

194. Manner of levying cess described in section 191. 74

195. Manner of levying cess described in section 193. 74
196. Assistance to superior holders. 74
197. Collection and credit of local cess on water rates. 75
198. Collection and credit of local cess of land revenue. 75
199. Suspension and remission of local cess. 75
PART II.
TAXATION BY VILLAGE PANCHAYATS.
200. Levy of taxes and fees by village panchayats. 75
201. Lump-sum contribution by factories in lieu of taxes levied by panchayat. 77
202. Framing of fees on markets, etc. 77
203. Levy and collection upto twenty five paise as cess on every rupee of land revenue. 77
204. Power of taluka panchayat to increase taxation of panchayat. 78
205. Recovery of cost of watch and ward. 78
 X GUJARAT PANCHAYATS ACT, 1993. 1993 : GUJ. 18]
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PART III.
TAXATION BY TALUKA PANCHAYAT.
206. Taxes and fees which may be imposed by taluka panchayat and mode of collection thereof. 78
207. Increase of stamp duty for a taluka panchayat. 79
PART IV.
TAXATION BY DISTRICT PANCHAYATS.
208. Taxes which may be imposed by a district panchayat. 80
209. Increase of stamp duty for a district panchayat. 80
210. Tax on professions, etc. levied by district panchayat to be collected by village panchayat. 81
211. Default in payment by panchayat. 81
PART V.
PROCEDURE OF LEVYING TAX ON FEE BY TALUKA PANCHAYAT
AND DISTRICT PANCHAYAT.
212. Procedure of taluka and district panchayat preliminary to imposing tax. 81
213. Procedure for abolishing or varying a tax. 82
214. Publication of sanctioned rules with notice. 82
CHAPTER X
RECOVERY OF TAXES, FEES, CESSES AND OTHER DUES.
215. Recovery of taxes and other dues. 82
216. [Deleted.]
217. District Development Officer’s power to direct irrecoverable sum to be written off. 83
CHAPTER XI.
FINANCIAL ASSISTANCE TO PANCHAYATS.
218. Provision by the State Government for making grants to panchayats. 84
219. Extent of grants out of the average of three years collection of land revenue. 84
220. State Equalisation fund. 84
221. District Equalisation fund. 84
222. District Village Encouragement Fund. 85
223. District Development Fund. 85
224. Grant of a portion of forest revenue to district panchayats. 85
225. Grant from forest revenue to certain village panchayats. 85
CHAPTER XII.
FINANCE COMMISSION.
226. Finance Commission. 85
CHAPTER XIII.
PROVISIONS RELATING TO SERVICES.
227. Panchayats service to be regulated by rules. 86
228. Expenditure towards pay, allowances, etc. of officers and servants in panchayat service to be 87
met by panchayats.
229. Mode of appointment. 87
230. Allocation of officers and servants to panchayat services. 87
 1993 : GUJ. 18] GUJARAT PANCHAYATS ACT, 1993. XI
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231. Allocation to panchayat service to be provisional for certain period and re-allocation of 88
officers and servants to State services.
232. Posting under panchayats of officers and servants in the State service. 88
233. Loan services of Government officers to panchayats. 89
234. No compensation payable for transfer of service. 89
235. Gujarat Panchayat Service Selection Board, its constitution and functions. 89
236. District Panchayat Service Selection Committee and District Primary Education Staff Selection 89
Committee.
CHAPTER XIV.
CONTROL.

237. Power of Government to prepare State wise projects, etc. not affected. 90
238. Panchayats to form part of State wise Panchayats organisation and to perform function so as 90
to carry out the State policy.
239. Panchayat to invite designated officer or person to attend meetings. 90
240. Power of Government to issue directions. 90
241. Necessity of administrative sanction, etc. to work or schemes, grant-in-aid and acquisition of 90
property.
242. Appeals against order of village panchayat. 91
243. Appeal Committee to exercise appellate powers of district panchayats. 91
244. To whom appeal may be addressed, etc. 91
245. Power to call for proceedings. 91
246. Powers of entry. 92
247. Powers of Officer of State Government regarding inspection. 92
248. Reduction of establishment. 92
249. Suspension of execution of order. 92
250. Execution of work in case of emergency. 93
251. Extension by panchayat of its services, etc. to area outside its limits. 93
252. Default in performance of duty. 94
253. Dissolution or supersession of panchayats for default. 94
254. Consequences of alternation of limits of village. 95
255. Effect of area being excluded from village. 96
256. Effect of area ceasing to be village. 96
257. Power of State Government to appoint officer when elections not held for reconstitutions 96
panchayat.
258. Inquiry by officers of panchayat. 96
259. State Government may call for proceedings. 96
 XII GUJARAT PANCHAYATS ACT, 1993. 1993 : GUJ. 18]
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CHAPTER XV.
PROVISIONS FOR CONVERSION OF A NAGAR PANCHAYAT INTO A VILLAGE
PANCHAYAT AND FOR AMALGAMATION AND DIVISION OF PANCHAYATS.

260. Interpretation. 97

261. Effect of conversion of nagar panchayat into village panchayat. 97

262. Effect of amalgamation of villages. 99

263. Effect of division of village. 100

264. Consequences of alteration of limits of district or taluka. 101

CHAPTER XVI.
MISCELLANEOUS PROVISION.

265. Joint Committees of two or more local bodies. 102

266. Constitution of State Council for panchayats, its functions, etc. 103

267. Liability of members for loss, waste or misapplication. 104

268. Power of authorised officer to recover record and money. 104

269. Liability to pay rent for unauthorised occupation or possession of property of panchayat, 105

270. Bar of action against panchayat, etc. and previous notice before institution. 105

271. Delegation of powers. 105

272. Members, etc. of panchayats, and servants, etc. to be public servants. 106

273. Previous sanction for prosecution against Sarpanch, Chairman, President, etc. 106

274. Power of Government to make rules. 106

275. Bye-laws. 106

276. Repeal and savings. 107

277. Power of State Government to adapt laws. 109

278. Removal of difficulties. 109

278 A. Application of Act to Scheduled Areas of State. 109

278 AA. Amendment of certain Acts in their application to Scheduled Areas of State. 109

279. Transitional Provision. 109

Schedule I 110

Schedule II 114

Schedule III 117

Schedule IV 121

Schedule V 124
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 1
GUJARAT ACT NO. 18 OF 19931*
[THE GUJARAT PANCHAYATS ACT, 1993 ]
[26th August, 1993.]
Amended by Guj. 5 of 1998. Amended by Guj. 21 of 2014.
Amended by Guj. 6 of 2001. Amended by Guj. 23 of 2014.
Amended by Guj. 12 of 2001. Amended by Guj. 15 of 2015.
Amended by Guj. 17 of 2005. Amended by Guj. 22 of 2015.
Amended by Guj. 10 of 2008. Amended by Guj. 4 of 2017.
Amended by Guj. 21 of 2011. Amended by Guj. 19 of 2017.
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 expendient 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.

1. (1)  This Act may be called the Gujarat Panchayats Act, 1993. Short title,
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 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.
(1) “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 of (3)  “city” means a city defined in the Bombay Provincial Municipal Corporations
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;
Bom V of
(12)  “Land Revenue Code” means the Bombay Land Revenue Code, 1879 in force 1879.
in the State of Gujarat;

1
[(12A) “mobile tower” 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;
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
(26)  “Taluka Development Officer” means such officer as the State Government
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 Constition.
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
(1)  a village panchayat for each village. of 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 sabha.
provided by or under this Act.
5. (1) A village panchayat shall be a body corporate by the name of Incorporation
of Panchayats
“The .................................. Village Panchayat”. of different
classes.
(2)  A taluka panchayat shall be a body corporate by the name of
“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
constituted.
themselves
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 Panachayat, and
(b) a taluka panchyat shall be subordinate to the district panchayat.
(4)  Subject to the contorl 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.
Recommendation 7. (1)  After making such inquiries as may be prescribed, the competent
Specification authority may recommend any local area comprising a revenue village, or a
of village.
group of revenue villages, or hamlets forming part of a revenue village, for being
specified a village under clause (g) of article 243 of the Constitution if the population of
such local area does not exceed 1[twenty-five 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 8. (1)  The village panchayats, taluka panchayats, district panchayats and gram
Organisation sabhas shall constitute the Panchayat Organisation of the State of Gujarat.
and the
exercise of (2) The State Government shall exercise its control over the panchayats either
control over directly or through such officer or officers as it may, by general or, special order appoint
panchayats for the purpose.
by State
Government. (B) Constitution of Panchayats and their duration.
Constitution of 9. (1)  A village panchayat shall consist of such number of members as provided in
Village
sub-section (4).
Panchayats.
(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-Sarpahch.
(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 2[eight] members and in case of a village panchaya* where the population
of the village exceeds three thousand, than for every 3[three thousand] or part thereof in
excess of three thousand, the said number of 2[eight] shall be increased by two:
4
[Provided that the amendment made in this sub-section by the Gujarat Local Guj. 23 of
Authorities Laws (Amendment) Act, 2014 shall not have effect till the expiration of 2014.
duration of any village panchayat, unless sooner dissolved.]
1. These Words were substituted for the words “fifteen thousand” by Guj. 23 of 2014, s. 5.
2. These Words was substituted for the words “seven” by Guj. 21 of 2014, s. 6 (i).
3. These Words were substituted for the words “one thousand” by Guj. 23 of 2014, s. 6 (a).
4. This proviso was added, ibid., s. 6 (b).
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 5
(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)  1[ As nearly as may be one-half] 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) 2[ As nearly as may be one-half] (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-section (4). Constitution
of Taluka
(2)  The elected members of a taluka panchayat shall be elected from amongst the Panchayats.
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 talukapanchayat of a taluka having population not exceeding one
lakh shall consist of 3[sixteen] 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 3[sixteen] 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) 4[As nearly as may be one-half] 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) 5[As nearly as may be one-half] (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 Election Commission by rotation to
different territorial constituencies in taluka in the prescribed maner.
1. These words were substituted for the words “One third” by Guj. 21 of 2014, s. 6(2)(i).
2. These words were substituted for the words “One third”, ibid., s. 6 (2)(ii).
3. Thise Words was substituted for the words “fifteen”, ibid., s. 7 (1).
4. This Words were substituted for the words “One third”, ibid., s. 7 (2)(i).
5. This Words were substituted for the words “One third”, ibid., s. 7 (2)(ii).
 6 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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 district panchayat shall consist of elected member as provided in
of District sub-section (4).
Panchayats.
(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 1[eighteen] 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 1[eighteen] 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)  2[As nearly as may be one-half] 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)  3[As nearly as may be one-half] (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 Guiarat Legislative Assembly elected from any
constituency in the Disirict 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 referred to
in clauses (3) and (4) of article 243 C of the Constitution of India.
1. These words were substituted for the words “seventeen” by Guj. 21 of 2014, s. 8(1).
2. These words were substituted for the words “One third”, ibid., s. 8 (2)(i).
3. These words were substituted for the words “One third”, ibid., s. 8 (2)(ii).
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 7
12. (1)  The headquarters of a district panchayat and a taluka panchayat shall be Location of
located at such place in the district or, as the case may be, taluka as the State Government head
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 five Duration of
years from the date apointed for its first meeting and no longer. panchayats
and their
(2)  An election to consititute a panchayat shall be completed- reconstitution.
(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.
CHAFTER 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 monts 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 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 panchyat 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.
 8 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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 Electon Commission.

PROVISIONS RELATING TO ELECTIONS

Electoral 16. (1) For the purposes of elections of members to a village panchayat, a
divisions. village 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 Voters 1 7.  For every electoral division, there shall be a list of voters which shall be prepared and
for every
maintained in accordance with the provisions of sections 18 to 22 under the superintendence,
electoral
division. direction and control of the State Election Commission.
Prepration of 18. At any time not later than two months before the expiry of the duration
list of Voters. 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 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
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 9
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 roll Persons
qualified to
of the Gujarat Legislative Assembly under the Central Act shall be entitled to be registered
be registered
as a voter in the list of voters for the electoral division, to be prepared under secton l8. as voters.

20. (1) The electoral roll of the Gujarat Legislative Assembly prepared under the List of
voters.
provisions of the Central Act, for the time being in force for such part of the constituency
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 registred 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 past 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 immdiately upon its final
publication.
Name of
21. No person shall be entitled to have his name included in the list of voters for more person not to
than one electoral division of the same panchayat. be included in
list of voters
for more than
one electoral
division.

22. No person shall be entitled to have his name included in the list of voters for any Name of
person not to
electoral division more than once. be included in
list of voters
more than
once.
 10 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
Period for 23. The list of voters for any electoral division which has been published and has come
which a list of
into operation under sub-section (7) of section 20 shall, subject to any revision made under
voters shall
remain in the proviso to this section, remain in operation until a new list of voters for that electoral
Operations. 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 staff
Panchayat as it may require for the performance of any duties in connection with the preparation and
to be made
available. 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, mantenance
or revision of any such list.
Making false 26. If any person makes in connection with—
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 by
official duty in or under this Act to perform any official duty in connection with the preparation, revision
connection
with the or correction of a list of voters or the inclusion of any entry in or from that list, is without
preparation, reasonable cause, act or omission involving breach of such official duty, he shall be
etc. of list of
voters.
punishable with fine which may extend to five hundred rupees.
(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 under
qualified to this Act or any other law for the time being in force, be qualified to vote at the election of
vote and be
elected. a member for the electoral division to which such list pertains.
(2)  (a) Every person who has attained the age of twenty one years and whose name
is in the list of voters shall, unless disqalified under this Act or under any other law for the
time being in force, be qualified to be elected from any electoral division.
    (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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 11
29. (1)  No person shall, save as expressly authorised by this Act, be a member of two or Restriction on
more panchayats. simultaneous
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):
   Provieed 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 1955. (i)  of an offence under the Protection of Civil Rights Act, 1955 or
Bom. XXV of under the Bombay Prohibition Act, 1949, unless a period of five years, or such lesser period
1949.
as the State Government may allow in any particular case, has 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
(d)  has been removed from any office held by him in any panchayat under any provision
Guj. 6 of of this Act or in any panchayat before the commencement of this Act under the Gujarat
1962. 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
(e)  has been disqualified from holding office under any provision of this Act and the
period for which he was so disqualified has not elapsed; 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
 12 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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
1
[(kk) has no facility of water closet or privy accommodation at the place of his
ordinary residence:
Provided that a sitting member shall be deemed to have incurred
disqualification if he does not submit to the Taluka Development Officer of the taluka,
within six months from the date of commencement of the Gujarat Local Authorities Laws Guj. 23 of
(Amendment) Act, 2014, a certificate issued by the Gram Panchayat Mantri of the panchayat 2014.
in whose jurisdiction his ordinary residence is situated, to the effect that he is having facility
of water closet or privy accommodation at the place of his ordinary residence.
Explanation.-  For the purpose of this clause, “water closet or privy accommodation” shall
have the same meaning as is given to the term “water closet” in Explanation to section 107
of the Act;]
(l)  is disqualified under any other provision ot this Act, and the period for which he
was so disqualified has not elapsed;
2
[(m) has more than two children:
Provided that a person having more than two children on the date of commencement Guj. 17 of
of the Gujarat Local Authorities Laws (Amendment) Act, 2005 (hereinafter in this clause 2005.
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
1. Clause (kk) was inserted by Guj. 23 of 2014, s.7.
2. Clause (m) was inserted by Guj. 17 of 2005, s.4.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 13
(f)  having a share or interest in the occassional 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 sum
referred to in clause (i) of this sub-section, prior to the day prescribed for the nomination
of candidates;
(ii) 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 disquilify all members of such undivided Hindu family or as
the case may be, all the members of such group or unit.
Explanation 3.- For the purpose of clause (i) an officiating revenue or police patel
Bom. 3 of or revenue or police patel who is an official or under the Bombay
1874. 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.
(2)  A person who at any time during the term of his office is disqualified
Bom. 23 of under the Gujarat Provision for Disqualification of Members of Local Authorities for
1986. 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.
1
[(3) A Person shall be disqualified to continue as a member of a
Panchayat if such person has been declared as a defaulther voter under sub-
section (3) of section 34D subject to the decision in appeal, if preferred under
section 34E.]
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 inquitry 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.
1. Sub-section (3) was added by Guj. 22 of 2015, s. 9.
 14 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
Explanation :-   The expression “error” 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.
(6)  Notwithstanding anything contained in the Code of Civil Procedure, 1908 the v of 1908.
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 Judg 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 disqua fied 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 canddates 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:
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 15
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, 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
continuing as
(a)  who is elected, as such, was subject to any of the disqulifications mentioned members.
in 1[sub-section (1) of section 30] at the time of his election,
(b)  during the term for which he has been elected, incurs any disqualifica­tions
mentioned in 1[sub-section (1) of 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 shll not be disabled under sub section (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 becomes Fresh election
vacant under section 32 a fresh election for the vacancy so caused shall, as soon as may be, if election is
invalid.
be held in accordance with the provisions of this Act.
34. Every panchayat shall make available to the State Election Commission such Power of State
members of its staff as such Commission may require for the performance of any duties in 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.

2
[OBLlGATION TO VOTE
34A. (1)  It shall be the duty of a qualified voter of the Panchayats to vote at the election Obligation to
of the Panchayat, however, he will be free to cast his vote in favour of none of the vote.

candidates contesting election as indicated in sub- section (2).

(2)  The qualified voter shall cast his vote in favour of none of the candidates
contesting election, in the manner as may be prescribed by rules, in case where he does
not want to cast his vote in favour of any candidate.
1. These words, brackets and figures were substituted for the word and figure “section 30” by
Guj. 19 of 2017, s. 2.
2. Sections 34A to 34E were inserted by Guj. 21 of 2014, s. 9.
 16 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
Declaration 34B. (1)  The election officer, as may be designated by the State Election
of a voter to
be a defaulter
Commission, may declare the voter to be the defaulter voter who failed
voter. to vote at the election of a Panchayat after giving him a notice in the form
prescribed by rules.
(2)  The State Government shall be competent to prescribe by rules to be laid before
the State Legislature, the disadvantages or consequences to be suffered by a defaulter
voter.
Valid and 34C. A qualified voter shall be exempted to vote at the election of the Panchayat-
sufficient
reasons for (1)  if he is physically incapable due to illness to vote or other bodily infirmity to
not voting. come and discharge his obligation, or
(2)  if he is absent on the date of election from the country or State of Gujarat, or
(3)  for such other valid and sufficient reasons as may be prescribed by rules by the
State Government in consultation with the State Election Commission.
Notice. 34D. (1)   An election officer shall issue a notice to the voter who failed to vote at the
election of the Panchayats.
(2)  The election officer shall by a notice inform the voter that he appears to have
failed to vote at the election and that it is the duty of voter to vote at election. The voter may
within a period of one month inform the valid and sufficient reasons, if any, for not voting
alongwith supporting documents such as medical certificate, a copy of passport, etc.
(3) If no reply to the notice referred to in sub-section (1) is received within a
period of one month or where the voter writes to the election officer reasons for not voting
and where the election officer is not satisfied with the reasons given by voter as valid and
sufficient, the election officer shall by an order in writing containing reasons declare him
a defaulter voter.
Appeal. 34E. (1)  The voter who is aggrieved by the order of the election officer under
section 34D may prefer an appeal in the form prescribed by rules, within a
period of one month to the Appelate Officer designated as such by the State
Election Commission.
(2)  The Appellate Officer after providing an opportunity of being heard to the
appellant may pass an appropriate order. The order of the Appellate Officer shall be final.]

ELECTION OFFENCES
Prohibition of 35. (1)  No person shall, on the date or dates on which a poll is taken in any polling
canvassing in station, commit any of the following acts within the polling station, or in any public or
or near
polling station. private place within a distance of one hundred meters of the polling station, namely:
(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.
Penalty for 36. (1)  No person shall, on the date or dates on which a poll is taken at any polling
disorderly station:
conduct in or
near polling (a)  use or operate, within or at the entrance of the polling station or in any public or
station.
private place in the neighbourhood thereof, any apparatus for amplifying or reproducing
the human voice, such as a megaphone or a loudspeaker, or
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 17
(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.
37. (1)  Any person who during the hour fixed for the poll at any polling station, Penalty fo
misconducts himself or fails to obey the lawful directions of the presiding officer may be misconduct at
polling
removed from the polling station by the presiding officer or by an polling officer on duty or station.
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 reenters 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.
38. (1)  Where an election is held by ballot, every officer, clerk, agent or other Maintenance
person who performs any duty in connection with the recording or counting of votes at an of secrecy of
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.
39. (1)  No person who is a returning officer, or a presiding or polling officer at an Officers, etc.
election or an officer or clerk appointed by the returning officer or the presiding officer to at elections
not to act for
perfom any duty in connection with an election shall in the conduct of the management candidates
of the election do any act (other than the giving of his vote) for the furtherance of the or influence
prospects of the elections of a candidate. voting.

(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
months or with fine or with both.
40. (1) If any person to whom this section applies is without reasonable Breaches of
cause guilty of any act or omission in breach of his official duty, he shall, on official duty
in conection
conviction, be punished with fine which may extend to two thousand rupees. with elections.
(2)  No suit or other legal proceeding shall lie against any such person for damages
in respect of any such act or omission as aforesaid.
 18 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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.
Removal of 41. (1)  Any persons who, at any election, fraudulently takes or attempts to take a ballot
ballot papers
from polling
paper out of a polling station or wilfully aids or abets the doing of any such act, shall, on
station to be conviction, be punished with imprisonment for a term which may extend to one year or
offence. with fine which may extend to two thousand rupees or with both.
(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, the 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 offence 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
penalties (a)  fradulently defaces or fraudulently destroys any nomination paper; or
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 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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 19
43. No court shall take cognizance of an offence punishable under section 39 or under Prosecution
in certain
section 40 or under clause (a) of sub-section (2) of section 42 except on a complaint made offences.
by an order of, or under authority from the State Election Commission.
REQUISITIONING OF PREMISES FOR THE PURPOSES OF ELECTION
44. (1)  If it appears to an official authorised by the State Government in this Requistioning
of premises,
behalf (for condut of elections under this Act) (hereinafter referred to as “the
vehicles, etc.
requistioning authority”) that in connection with an election under this Act- for election
purposes.
(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
preniises, 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 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.
45. (1) Whenever in pursuance of section 44 the requisitioning authority requisitions Payment of
any premises, the panchayat shall pay to the persons interested compensation the açount of compensation.

which shall be determined by the requisitioning 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;
(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:
 20 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
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 requistioning 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 possesion 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
aggreved 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.
Power to 4 6. The requisitioning authority may, with a view to requisitioning any property
obtain under section 44 or determining the compensation payable under section 45 by order,
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.
Power of 47. (1)  Any person authorised in this behalf by the requisitioning authority may enter
entry into any premises and inspect such premises and any vehicle, vessel or animal therein for
into and
inspection the purpose of determining whether, and if so, in what manner, an order under section 44
of premises, should be made in relation to such premises, vehicles, vessel or animal, or with a view to
etc. securing compliance with any order made under that section.
(2) In this section, the expressions “premises” and “vehicles” have the same
meaning as in section 44.
Eviction from 48. (1) Any person remaining in possession of any requisitioned premises in
requisitioned contravention of an order made under section 44 may be summarily evicted from the
premises.
premises by any officer empowered by the requisitioning 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.
Release of 49. (1)  When any premises requisitioned under section 44 are to be released from
premises requisition, the possession thereof shall be dedivered to the person from whom possession
from
requisition.
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 authorty 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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 21
(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.
50. If any person contravenes any order made under section 44 or section 46, he shall Penalty for
contravention
on conviction, be punished with imprisonment for a term which may extend to one year or
of any order
with fine, or with both. regarding
requisition.
CHAPTER IV.
PROVISIONS RELATING TO PRESIDING OFFICERS OF PANCHAYATS
AND MEMBER OF PANCHAYATS.

PART I

VILLAGE PANCHAYATS
First meeting
51. (1) On the constitution of village panchayat or on its reconstitution under of panchayat
and election
section 13 or under any other provision of this Act, there shall be called the first of 1[* *]
meeting thereof for the election of Upa-Srupanch from amongst the members of the Upa­-Sarpanch.
panchayat.
(2) (a) The offices of Sarpanch of village panchayats in the State shall be
reserved by 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) 2[As nearly as may be one-half] of the total number of offices of
Sarpanch of village panchayats in the State reserved under clause (a), and
(ii)  2[As nearly as may be one-half] 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 Government or the said officer or authority as the case may be, may specify.
1. In the marginal note, the words “Sarpanch and” were deleted by Guj. 15 of 2015, s. 10.
2. These words were substituted for the words “One third” by Guj. 21 of 2014, s. 10.
 22 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(5) In the case of village panchayat, where there has been a failure to elect a
Srupanch 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.
Duty of 52. (1)  On the election of a new Sarpanch or Upa-Sarpanch it shall be the duty of the
retiring
Sarpanch, etc.
retiring Sarpanch or, as the case may be, Upa-Sarpanch, to hand over to him charge of his
to handover office and deliver to him the record and property belonging to the panchayat and in his
charge of custody.
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.
Term of office 53. Save as otherwise provided in this Act, the term of office of-
of members of
village (a)  the members of a village panchayat, and
panchayats
and of (b)  the Sarpanch and Upa-Sarpanch of a village panchayat,
Sarpanch, etc.
thereof. shall be co-extensive with the duration of the panchayat.
Resignation 54. (1) (a) The Sarpanch may resign from his office by tendering his resignation
of members,
Sarpanch or
       in writing to the Competent authority but the resignation shall not take effect
Upa­-Sarpanch.        until it is accepted by the competent authority.
(b) The Upa-Sarpanch 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.
(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 enteretained after the expirty of a period of
thirty days from the date on which the resignation takes effect.
Executive 55. (1) Save as otherwise expressly provided by or under this Act, the executive
functions of
Sarpanch, or power, for the purpose of carrying out the provisions of this Act and the resolutions passed
Upa­-Sarpanch
by a village panchayat shall vest in the Sarpanch thereof who shall be directly responsible
for the due fulfilment of the duties imposed upon the panchayat by or under this Act. In the
absence of the Sarpanch his power and duties shall, save as may be otherwise prescribed
by rules, be exercised and performed by the Upa-Sarpanch.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 23
(2)  Without prejudice to the generality of the foregoing provision:-
(a)  the Sarpanch shall-
(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 1[five hundred 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 duities 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 2[Sarpanch
or a member of the panchayat authorized in that behalf by the panchayat, and the Secretary].
56. (1) Any member who intends to move a motion of no confidence against the Motion of no­
confindence.
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 panehayat, 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 ;
1. These words were substituted for the words “fifty rupees” by Guj. 15 of 2015, s. 11.
2. These words were substituted for the words “Sarpanch and any one of the two other members
of the Panchayat authorised in that behalf by the panchayat” by Guj. 19 of 2017, s. 3.
 24 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(b)  If the Sarapnach fails to call such meeting, the Secretary of the panchayat shall
forthwith make a report thereof 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 reciept of the report.
Removal 57. (1)  The competent authority may remove from office any member of the
from office.
panchayat, the Sarpanch or, as the case may be, the Upa-Sarpanch therof, after
giving him an opportunity of 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.

Leave of 58. (1)  Any member of a village panchayat who during his term 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 there upon 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.
Suspension of 59. (1)   The District Development Officer may suspend from office the Sarpanch or the
Sarpanch or Upa-Sarpanch of a village panchayat against whom any criminal proceedings in respect
Upa-Sarpanch.
of an offence involving moral turpitude have been instituted or who has been detained in a
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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 25
(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
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 under section Elligibility of
32 or under section 58 shall, if his disqualification or disability has ceased, be eligible for certain
members for
re-election. re-election.
61. (1)  Any vacancy in the office of a Sarpanch, or Upa-Sarpanch, or Filling up of
vacancies.
member of a panchayat of which notice has been given to the competent
authority in the prescribed 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 1[twelve months]
preceding the date on which the duration of the panchayat expires under
section 13, it shall not be filled:
2
[Provided, however, that vacancy in the office of a menber, if any,
existing on the date of commencement of the Gujarat Local Authorities Laws
Guj. 15 of 2015. (Amendment) Act, 2015, may not be filled till the general election is held
for re-constituting the panchayat immediately after coming into force of the
Guj. 15 of 2015. Gujarat Local Authorities Laws (Amendment) Act, 2015.]
(2) The meeting for the election of the 3[ * *] 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
3
[ * *] 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.
62. (1)  No disqualification of or defect in the election of any person Acts and
acting as a member, Sarpanch, or Upa-Sarpanch or Chairman or member of a proceeding of
panchayat and
committee constituted under this Act or defect in the appointment of a presiding committee not
authority of the fttst general meeting shall be deemed to vitiate any act or preceding of vitiated by
dis-qualification,
the panchayat or of any such committee as the case may be, in which the person has taken
etc. of members
part wherever the majority of persons parties to such act or proceeding were entitled to act. 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 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.
1. These words were substituted for the words “four months” by Guj. 15 of 2015, s. 12(1)(i).
2. This proviso was inserted, ibid., s. 12 (1)(ii).
3. The words “Sarpanch or” were deleted, ibid., s. 12 (2).
 26 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
PART II
TALUKA PANCHAYATS
First meeting 63. (1) On the constitution of a taluka panchayat or on its reconstitution under
of panchayat
and election section 13 or under any other provisions of this Act there shall be called the first meeting
of President thereof for the election of its President and Vice-President from amongst its elected
and Vice­- members.
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 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)  1[As nearly as may be One-half] of the total number of offices of President
of Taluka Panchayats inthe State reserved under clause (a), and
(ii) 1[As nearly as may be One-half] of the total number of offices of President
of Taluka Panchayats in the State, not so reserved,
shall be reserved by the State Govemment 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 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.
Duty of 64. (1) On the election of a new President or Vice-President, it shall be the duty of the
retiring retiring resident or, as the case may be, Vice-President to hand over to him charge of
president, etc. his office and deliver to him the record and property belonging to the panchayat and
to handover
charge of in his custody.
office.

1. These words were substituted for the words “One third” by Guj. 21 of 2014, s. 11.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 27
(2) The provisions of sub-section (1) shall apply mutatis mutandis to a retiring
mymber in the matter of handing over charge of his office.
65. (1)  Subject to the provisions of this Act, the taluka panchayat shall pay to its Honorarium
allowances, etc.
President an honorarium at such rate as may be prescribed. to President
(2)(a) The President shall be entitled without payment of rent, to the use and Vice-
President and
of a residence, in the headquarters of the panchayat or with the previous
travelling
sanction of the State Goverment at any other place in the taluka throughout his term of allowances to.
office and for at period of fifteen days immediately there after, or in lieu of such residence, members.
a house allowance at such rate as the State Governmet may determine by a general or
special order.
(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.
(4)  The President, Vice-President and a member of the panchayat shall be entitled
to travelling allowances while touring on 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 of a taluka Payment of
panchayat remains absent or is on leave for a continuous period exceeding fifteen honorarium
to President
days, he shall not be entitled to any honorarium under sub section (1) of section 65 for such during leave or
period. 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 spcifial 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.
[67. (1)  Save as otherwise provided in the Act, the term of office of members of a
1 Term of office
Taluka Panchayat shall be co-extensive with the duration of the Panchayat. of members,
President and
(2)  The term of office of the President and the Vice-President of a Taluka Vice-
Panchayat, save as otherwise provided in this Act, shall be two and a half years. President.

(3)  There shall be called a meeting of the elected members of the Taluka Panchayat
by the competent authority within thirty days before the expiry of the term of two and a
half years for the election of President and the Vice-President from amongst such elected
members.
(4) Subject to the other provisions of this section, the President or the
Vice-President shall be eligible for re-appointment.
(5)  If, during the term of his office under sub-section (2), the President or the
Vice-President, ceases to be a member of the Panchayat, he shall vacate the
office held by him.
(6)  Notwithstanding anything contained in sub-section (2), the President or the Vice-
President who has completed a period of two and a half years on the date of the commencement
Guj. 15 of 2015. of the Gujarat Local Authorities Laws (Amendment) Act, 2015, shall continue to hold the
office till the remainder term of the Panchayat.]
68. (1)  The President may resign from his office by tendering his Resignation in Resignation.
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.
1. Section 67 was substituted by Guj. 15 of 2015, s. 13.
 28 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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.
(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 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 l22, a meting 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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 29
(b) If the President of the panchayat fails to call such meeting, the
Secretary of the panchaya 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 panchayat Removal
from office.
or any 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 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 his Leave of
term of office:- absence.

(a)  is absent for more than three consecutive months from the taluka unless
lave 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 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.
73. (1)  The competent authority may suspend from office any President or Vice-President Suspension
of President
against who any criminal proceedings in respect of an offence involving moral turpitude
or Vice­
have been instituted, or who has been detained in a prison during trial any offence or who President.
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
 30 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
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 74. A member of a panchayat whose office has become vacant under section 32 or
of certain under section 72, shall, if his disqualification or disability has ceased, be eligible for
members for
re-election. re­-election.
Filing up 75. (1)  Any vacancy in the office of a President, Vice-President or a member
vacancies.
of a 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 1[twelve months]

preceding the date on which the duration of the panchayat expires under
section 13, it shall not be filled:

2
[Provided, however, that vacancy in the office of member, if any,
existing on the date of commencement of the Gujarat Local Authorities Laws
(Amendment) Act, 2015, may not be filled till the general election is held Guj. 15 of 2015.
for re-consituting the panchayat immediately after coming into force of the
Guj. 15 of 2015.
Gujarat Local Authorities Laws (Amendment) Act, 2015.]

(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 3[section 63] and the provisions of that section shall, so far as may be, apply in
respect of such election.
Act and 76. (1)  No disqulification of or defect in the election of any person acting as a
proceedings member, President or Vice-President or Chairman or member of a committee constituted
of panchayat
and committee under this Act or defect in appointment of presiding autho ity to the first general meeting shall
not vitiated be deemed to vitiate any act or procee ing of the panchayat or of any such commitee, as the case
by disqual- may be, in which theperson has taken part, wherever the majority of persons, parties to such act or
lification, etc.
proceeding, were entitled to act.
of members
thereof.
(2) No resolution of a panchayat or of any committee constituted under
the 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.
1. These words were substituted for the works “four months” by Guj. 15 of 2015, s. 14 (1)(i).
2. This proviso was inserted, ibid., s.14(1) (ii).
3. These words and figures were substituted for the words and figures “section 62”,
ibid., s.14(2).
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 31
PART III
DISTRICT PANCHAYATS
77. (1) On the constitution of a district panchayat or on its reconstitution under First meeting
of district
section 13 or under any other provisions of this Act there shall be called the first meeting
panchayat
thereof for the election of its President and the Vice President from amongst its elected and election
members. of President
and
(2) (a)  The offices of President of District Panchayts in the State shall be Vice-President.
reserved 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
percent of the offices of the President of District Panchyats in the State;
(b) (i) 1[As nearly as may be one-half] of the total number of offices of
President of District Panchayats in the State reserved under clause (a) and-
(ii) 1[As nearly as may be one-half] 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 the 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.
78. (1)  On the election of a new President or Vice-President it shall be the duty of the Duty of
retiring President or, as the case may be, Vice-President to hand over to him charge of his retiring
President, etc.
office and to deliver to him the record and property belonging to the panchayat and in his to handover
custody. 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.
1. These words were substituted for the words “One third” by Guj. 21 of 2014, s.12.
 32 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
Honorarium and 79. (1) Subject to the provisions of this Act, the district panchayat shall pay to its
allowance, etc. to
President and President an honorarium at such rate as may be prescribed.
Vice-President
and travelling (2) (a) The President shall be entitled, without payment of rent, to the use of a
allowances to residence, in the headquarters of the panchayat or with the previous sanction of the State
members.
Government at any other place in the district throughout his term of office and for a period
of fifteen days immediately thereafter, or in lieu of such residence house allowance at such
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
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.
(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 80. (1)  subject to the provisions of sub-section (2), where the President of a district
honoratium
to President
panchayat remains absent or is on leave for a continuous period exceeding fifteen days,
during leave he shall not be entitled to any honorarium under sub-section (1) of section 79 of for such
or absence. 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 [81. (1)  Save as otherwise provided in the Act, the term of office of the members of a
1

office of District Panchayat shall be co-extensive with the duration of the Panchayat.
members of
district (2)  The term of office of the President and the Vice-President of a District
panchayat Panchayat, save as otherwise provided in this Act, shall be two and a half years.
and of
President (3)  There shall be called a meeting of the elected members of the District Panchyat
and Vice- by the competent authority within thirty days before the expiry of the said term of two and
President.
a half years for the election of President and the Vice-President from amongst such elected
members.
(4) Subject to the other provisions of this section, the President or the Vice-
President shall be eligible for re-election.
(5)  If, during the term of his office under sub-section (2), the President or the Vice-
President, ceases to be a member of the Panchayat, he shall vacate the office held by him.
(6) Notwithstanding anything contained in sub-section (2), the President
or the Vice-President who has completed a period of two and a half years as
such on the date of the commencement of the Gujarat Local Authorities Laws Guj. 15 of 2015.

(Amendment) Act, 2015, shall continue to hold the office till the remainder term of the
Panchayat.]
Resignation. 82. (1)  The President may resign from his office by tendering his regignation 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 resigna-
tion in writing to the panchayat but the resignation shall not take effect until it is
accepted by the panchayat.
1. Section 81was substituted by Guj. 15 of 2015, s.15.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 33
(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 thirty
days from the date on which the resignation takes effect.
83. (l) (a) The President shall- Powers and
functions of
(i)  convene, preside at and conduct meetings of the district panchayat; President and
Vice-President.
(ii)  have access to the records of the panchayat;
(iii)  discharge all 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 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.
8 4. (1)  Any member who intends to move a motion of no confidence against the Motion of no
President or Vice-President may give notice thereof in the prescribed form to the panchayat. confidence.

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).
 34 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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 85. (1)  The competent authority may remove from office any member of a panchayat
from office
Removal or a President or Vice-President thereof after giving him an opportunity of being
heard and 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 or Vice-
of President President or Chairman of Committee against whom any criminal proceedings in respect
or Vice-
President or of an offence involving moral turpitude have been instituted or who has been detained in
Chairman of a prison during trial for any offence or who is undergoing such sentence of imprisonment
1
[*] as would not disqualify him from continuing as a member of the panchayat under section
Committee.
30, or who has been detained under any law relating to preventive detention for the time
being in force.
1. In the marginal note, the word “education” was deleted by Guj. 15 of 2015, s. 16.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 35
(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.
8 8.  A member of a panchayat whose office has become vacant under section 32 or Eligibility
under section 86 shall, if his disqualification or disability has ceased, be eligible for of certain
members for
re-election.
re-election.
89. (1)  Any vacancy in the office of a President, Vice-President or member of a Filling of
panchayat of which notice has been given to the competent authority in the vacancies.
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 1[twelve months]
preceding the date on which the duration of the panchayat expires under
section 13, it shall not be filled:
2
[Provided, however, that vacancy in the office of a member, if any,
existing on the date of commencement of the Gujarat Local Authorities Laws
Guj. 15 of 2015. (Amendment) Act, 2015, may not be filled till the general election is held
for re-constituting the panchayat immediately after coming into force of the
Guj. 15 of 2015. Gujarat Local Authorities Laws (Amendment) Act, 2015.]
(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 member, Acts and
procedings of
President or Vice-President or Chairman or member of a committee constituted under this panchayat and
Act, or in the appointment of a presiding authority of the first general meeting, shall be Committee
not visiated by
deemed to vitiate any act or proceeding of the panchayat or of any such committee, as the disqualifications,
case may be, in which the person has taken part, wherever the majority of person, party to etc. of members
such act or proceedings were entitled to act. 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.
1. These words were substituted for the words “four months” by Guj. 15 of 2015, s. 17 (i).
2. This proviso was inserted, ibid., s. 17 (ii).
 36 Gujarat Panchayats Act, 1993. [1993 : Guj. 18

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.
Meeting of 91. The meeting of a village panchayat shall be held at such intervals as my
Panchayats.
be prescribed:
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:
1
[Provided further that in case where such meeting is not called by the Sarpanch
within a period of one month from the date of receipt of such written request, it shall be
competent for the Taluka Development Officer to call such meeting on such date as may be
specified by him.]
Village 92. (1)  A village panchayat may constitute an Executive Committee for performing such
Panchayat of its functions and duties (not being those pertaining to its Social Justic Committee) as the
Committees,
their panchayat may assign to it.
Constitution, (2)  The Executive Committee shall consist of five members to be elected by the
Powers,
functions and panchayat from amongst its members, out of whom one shall belong to a Scheduled Castes
duties. 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:
1. This Proviso was added by Guj. 15 of 2015, s. 18.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 37
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
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 sabha every year Meeting of
Gram Sabha.
on such date, at such time and place, as may be prescribed 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, as the case may be,
and his decision shall be final.
 38 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
Panchayat to 9 4. (1)  The first meeting of the gram sabha in every year shall be held within two months
place before
gram sabha
from the commencement of that year, and the village panchayat shall place before, such
statement of meeting.-
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.
Procedure 95. Save as provided in this Act, the time and place of a meeting of a panchayat or a
in respect of
committee thereof, the quorum for such meeting, the procedure for calling such meeting
meeting.
and the procedure at such meeting, shall be such as may be prescribed.
Questions to 96. All questions before a meeting of a panchayat or committee thereof or of a gram
be decided by sabha shall be decided by a majority of votes of the members present and unless otherwise
majority of
votes. provided in this Act, the presiding officer of the meeting shall have a second or casting 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 panchayat or committee thereof may be
taken by circulating the propositions therefore for the vote of members.
Modification 97. No resolution of a panchayat shall be modified, amended, varied or cancelled by a
or
panchayat within a period of three months from the date of the passing thereof, except by
cancellation
of resolutions. a resolution supported by two-thirds of the whole number of members of such panchayat.

Invitees of 98. (1) Notwithstanding anything contained in this Act, it shall be lawful for a
meetings of
Panchayat.
village panchayat to invite at its meeting not more than two persons 1[who are not
related to any of the members or the Sarpanch, as the case may be, of the
village panchayat.]
2
[Explanation.- For the purposes of this sub-section, the parents, brother, sister, father-
in-law, mother-in-law, husband, wife, son, daughter, son-in-law, daughter-in-law shall be
deemed to be related to a member or the Sarpanch, as the case may be, of the village
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.
Administrative 99. Subject to the provisions of this Act it shall be the duty of each panchayat to make in
powers of
Panchayats. the area within its jurisdiction, and so far as the fund at its disposal will allow, 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 areas 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.
1. These words were added by Guj. 15 of 2015, s.19(1).
2. This Explanation was inserted, ibid., s.19(2).
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 39
(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 1[five thousand rupees] on any such reception, ceremoney, 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 backword 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.
(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.
101. (1) A village panchayat may compromise in respect of any suit instituted by or Power to
against it or in respect of any claim or demand arising out of any contract entered into by it compromise.

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 the Local inquiry
and reports
following cases, namely:— by village
(a) any case where a magistrate has directed that a previous local investigation panchayat.
be made by a village panchayat under section 202 of the Code of Criminal
11 of 1974. Procedure, 1973 and the words “such other person” in sub-section (1) of the said section
shall be deemed to include a village panchayat;
11 of 1974. (b)  any case in which a magistrate making an inquiry under section
125 of the 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 payble and such report shall be evidence in such inquiry:
1. These words were substituted for the words “one hundred rupees” by Guj. 15 of 2015, s. 20.
 40 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
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.
Powers of 1 03. In the case of any institution managed by a taluka panchayat or district
panchayat to panchayat, or of any work to be, done out of the fund of a taluka panchayat or district
manage
institutions or panchayat, the taluka panchayat or, as the case may be, the district panchayat may, if the
execute work village panchayat so agrees entrust to the village panchayat, the management of such
transferred to institutions or the execution of such work:
it by taluka
or district Provided that in every such case, the fund necessary for such management or
panchayat.
execution shall be placed at the disposal of the panchayat by the taluka panchayat, or
district panchayat.
Control on 104. (1)  No person shall erect or re-erect or commence to erect or re-erect within the
erection of 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.
(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
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 41
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 wall adjoining any street or land not vested in the owner of the
wall, of a door opening on such street or land.
105. (1)  Whoever, within the limits of a village- Obstruction
and
(a) builds or sets up any wall, or any fence, rail, post, stall, verandah, encroachment
platform, plinth, step or structure or thing or any other encroachment, or obstruction, or upon public
streets and
(b) deposits, or causes to be placed or deposited, any box, bale, package or merchandise, open sites.
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 offense.
(2) The panchayat may remove any such obstruction or encroachment and remove
any crop unaurhorised 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 sab-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.
 42 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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.
(7)  Where the panchayat finds it difficult to remove any obstruction or
encroachment or any crop unauthorised 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 of 106. (1)  The panchayat may, from time to time by written notice, require the owner of
Premises. 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 which may extend to one hundred rupees.
(3)  Where a number or sub-number is put upon any premises or part therof, 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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 43
107. (1)  Where any premises in any village are, in the opinion of the Taluka Powers of
Taluka
Development Officer, without adequate and suitable water closet or privy
Development
accommodation in accordance with the rules or bye-laws made under this Act Officer to
in that behalf, the Taluka Development Officer, may, by written notice, require require owner
to provide
the owner of such premises to provide such water or privy accommodation water closect
in accordance with the rules or bye-laws made under this Act in that behalf, or privy
within such time as may be specified in such notice and if the owner fails to accommoda-
tion.
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 Devlopment 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 (1), where
the owner of any premises fails to comply with such requirement wit in
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 (1), the Taluka
Development Officer shall have power to do all acts necessary for that purpose and 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)
shall not be deemed to be a permanent structure for the purpose of clause (b) of
Bom. LVII sub-section (1) of section 13 of the Bombay Rents, Hotel and Lodging House Rates Control
of 1947. 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.
 44 Gujarat Panchayats Act, 1993. [1993 : Guj. 18

(C) Property and Funds

Goverment 108. (1) For the purpose of this Act, the State Government may subject to such
may vest
certain lands
conditions and restrictions as it may think fit to impose, vest in a panchayat open sites, waste,
in panchayat. vacant or grazing lands or public roads, streets, bridges, ditches, dikes and fences, wells,
river-beds, tanks, streams, lakes, nallas, canals, water courses, trees or any other property in
the village vesting in the Government.
(2)  Subject to any conditions and restrictions imposed by the State
Government 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 the public, as a means of aceess to or from his property and has
suffered damage from such discontinuance or stopping up, and the provisions in the Bom. LV of
Bombay Highways Act, 1955 in relation to the assessment, apportionment, and payment of 1955.

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 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. 1 of 1894.
Other 109. (1)  A taluka panchayat or the district panchayat may from time to time direct that
property of any property vesting in it shall vest in a village panchayat and thereupon not withstanding
village
panchayat. anything contained in the Transfer of Property Act, 1882, or the Indian Registration Act, IV of 1882.
XVI of 1908.
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.
Limitation 110. (1) Subject to the provisions of sub-section (2) no lease, sale or other
on power of transfer of any immovable property vesting in, or acquired by a panchayat shall
panchayat
to transfer be valid unless such lease, sale or other transfer has been made with the previous
immovable sanction of the competent authority.
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;
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 45
(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.
112. (1)  All property vested in a panchayat under this Act, and all funds received by it in Application
of fund.
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.
113. (1) In any revenue village where any property or any right in or over any Decision on
property is claimed by or on behalf of the panchayat or by any person against the claims to
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 institued 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 one or more appeals have been made against such order within the
period of limitation, then from the date of communication of any order passed by the final
Bom. V of appellate authority as determined according to section 204 of the Bombay Land Revenue
1879. 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.
 46 Gujarat Panchayats Act, 1993. [1993 : Guj. 18

(D)  Officers and servants of Panchayats

Secretary and 114. (1)  Subject to the provisions of this Act and the rules made there under—
servants of
panchayats. (a) there shall be a Secretary for every village panchayat who shall be
appointed in accordance with the rules;
(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.
Contribution 115.  Every village panchayat shall contribute every year to the District Development Fund
to District constituted under section 223 a sum equal to such percentage not exceeding ten percent of
Development
Fund. its income from such sources as may be prescribed:
Provided that where any village panchayat fails in any year to make a
contribution 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 succeding
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
Annual 116. (1) Every village panchayat shall have prepared annualy on or before the 15th
Budget December of the current year of such date not later than 31st December of the current
Estimates.
year as may be approved by the taluka 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 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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 47
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).
117. (1)  A taluka panchayat may at any time during the year for which any budget Revised or
supplementary
estimate has been approved cause a revised or supplementary budget estimate budget of
to be prepared. Every such revised or supplementary budget shall be reappropriation
of funds.
considered and approved by the panchayat in the same manner as if it were an original
annual budget estimate:
Provided that the taluka panchayat shall scrutinise the budget and return to the
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.
118. (1)  Save in the case of a pressing emergency, no sum shall be expended by or on Except in
emergency
behalf of a village panchayat unless such sum is included in some budget estimate approved
no sum to
under seciion 116 or 117 and in force at the time of incurring the expenditure. be expended
unless it has
(2)  If on a pressing emergency, any sum is expended otherwise than in accordance been included
with sub-section (1), the circumstances shall be forthwith communicated in writing to the in budget
taluka panchayat, with an explanation of the way in which it is proposed by the panchayat estimates.

to cover such extra expenditure.

119. Accounts of the income and expenditure of every panchayat shall be kept in such Accounts of
form and manner as may be prescribed and shall be balanced annually on the 1st day of income and
Expenditure.
every year.
120. (1) The Secretary of every panchayat shall prepare the annual report of the Annual
administration
administration of the panchayat and shall place the accounts and report for approval before 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
121. (1) The audit of the accounts of a panchayat shall, be carried out under the Audit of
Accounts of
provisions of the Gujarat Loacal Fund Audit Act, 1963 and a copy of the audit note shall be Panchayat.
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 of (1B)  The State Government shall cause the audit report under the Gujarat Local
1963.
Fund 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, with in the said period supply any further explanation in regard to such defects
or irregularities as it may wish to give.
(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, —
1. Sub-sections (1A) and (1B) were inserted by Guj. 21 of 2011, s. 11.
 48 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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 date 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.
(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
Meeting of 122. The meeting of a taluka panchayat shall be held normally every three months:
Taluka
Panchayat. Provided that the President for any specified reason may and upon the
written request of not less than one-third of the members shall, call the meeting of the
taluka panchayat at any other time;
Taluka 123. (1)  A taluka panchayat shall constitute the following committees, namely:-
Panchayat
commitees, (i) An Executive Committee, for exercising such powers and performing
their
constitution, such functions and duties of the taluka panchayat (not being function pertaining to its
powers, Social Justice Committee,) as the taluka panchayat may assign to it:
functions and
duties. 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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 49
(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 commitees. The taluka panchayat may
make regulations for the procedure 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 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
comittees 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.
 50 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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.
1
[(b) the term of the Executive Committee and the Social Justice Committee, shall
be two and a half years:
Provided that the term of the existing Executive Committee which has not completed
a term of two years on the date of commencement of the Gujarat Local Authorities Laws
(Amendment) Act, 2015 shall be two and a half years or till the remainder period of duration Guj. 15 of
2015.
of the Panchayat, whichever is earlier:
Provided further that the term of the existing Social Justice Committee which has
completed a term of two and a half years on the commencement of the Gujarat Local
Authorities Laws (Amendment) Act, 2015 shall be co-extensive with the duration of the Guj. 15 of
Panchayat.] 2015.

(10) A member or Chairman may resign from membership or Chairmanship of

cammittee 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 man
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
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.
Honorarium 1 24. The Chairman of the Social Justice Committee of a taluka panchayat shall be entitled
to Chairman
of Social to an honorarium at such rate as may be prescribed.
Justice
Committee.
1. Clause (b) and provisos there under were substituted by Guj. 15 of 2015, s.21.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 51
125. The members of any committee of a taluka panchayat constituted under section 123 Travelling
allowance to
who are not the members of such panchayat, shall be entitled to travelling allowance while members of
touring for the purpose of attending a meeting of the committee or any business relating to committee who
are not
the committee at such rates and subject to such conditions as may be determined by rules
members of a
made either prospectively or retrospectively. taluka
pancbayat.
126. Save as provided in this Act, the time and place of a meeting of a taluka panchayat Procedure
in respect of
or committee thereof, the quorum for such meeting, the procedure for calling such meeting meetings.
and the procedure at such meeting, shall be such as may be prescribed.
Questions to
127. All questions before a meeting of a taluka panchayat or committee thereof, shall be be decided by
majority of
decided by majority of votes of the members present and unless otherwise provided in this
votes.
Act, the presiding officer of the meeting shall have a second or casting 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 therefor for the votes of members.
128. No resolution of a taluka panchayat shall be modified, amended, varied or cancelled Modification
or
by a panchayat within a period of three months from the date of the passing thereof, except cancellation
by a resolution supported by two-thirds of the total number of members of such panchayat. of resolutions.

129. (1)  Notwithstanding anything contained in this Act, it shall be lawful for a taluka Invitees at
meetings of
panchayat or any of its committees, to invite at its meeting, not more than four experts or taluka
specialists in the subject matter under consideration at the meeting out of persons, who, in panchayat
and its
the opinion of 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
130. Subject to the provisions of this Act, it shall be the duty of each taluka panchayat Administrative
powers of
to make in the area within its jurisdiction and so far as the fund at its disposal will allow, panchayats.
reasonable provision in regard to all or any of the matter specified in Schedule II.
131. (1)  A taluka panchayat may, with the previous sanction of the district panchayat, Other
functions of
incur expenditure on education or medical relief outside its jurisdiction, if its finances
panchayat.
permit.
(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,
 52 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
c eremony 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 1[fifteen thousand 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 perfrom 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
any damage by reason of the exercise of any of the powers vested in it and its officers and
servants under this Act.

Entrustment 132. In the case of any institution managed by a district panchayat or of any work to
of work, etc. be done out of the fund of a district panchayat, the district panchayat may, if the taluka
to taluka
panchayat panchayat so agrees, entrust to the taluka panchayat the management of such institution
by district or the execution of such work.
panchayat.
(C) Property and Fund
Property of 133. (1)  In addition to the movable or immovable property acquired by a taluka pan-
taluka
panchayat.
chayat, the following shall vest in the taluka panchayat, namely:-
(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:
1. These words were substituted for the words “two hundred rupees” by Guj. 15 of 2015, s.22.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 53
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.
134. (1)  There shall be in each taluka fund which shall be called a taluka fund. Taluka 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 assinged 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
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.
135. (1) All property vested in taluka panchayat under this Act, and all funds Application
of taluka
received by it in accordance with the provisions of this Act and sums accruing to it
fund.
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.
 54 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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 137. (1) Save as otherwise expressly provided by or under this Act, the executive
functions of
Taluka power of a taluka panchayat for the purpose of carrying out the provisions of this Act,
Development shall vest in the Taluka Development Officer who shall subject to the orders, if any, of the
Officer.
President or of the taluka panchayat, as the case may be-
(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;
(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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 55
(E) Budget estimates
138. (1)  Every taluka panchayat shall have prepared annually on or before the 15th Annual
Budget
December of the current year or such date not later than 31 st December of the current estimates.
year 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 precribed 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 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).
1 39. (1) A taluka panchayat may, at any time during the year for which any budget Revised or
supplementary
estimate has been approved cause a revised or supplementary budget
budget and
estimate to be prepared. Every such revised or supplementary budget shall be re-appropriation
considered and approved by the panchayat in the same manner as if it were an original of fund.
annual budget estimate:
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. (1)  Save in the case of a pressing emergency no sum shall be expended by or on Except in
behalf of a taluka panchayat unless such sum is included in some budget emergency
no sum to
estimate approved under section 138 or 139 and in force at the time of incurring the be expended
expenditure. unless it has
been included
(2)  If on a pressing emergency any sum is expended otherwise than in in budget.
accordance with sub-section (1) the circumstances shall be forthwith communicated in
writing by the 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 such Accounts of
form and manner as may be prescribed and shall be balanced annualy on the 1st day of income and
expenditure.
every year.
142. (1) The Secretary of every panchayat shall prepare the annual report of the Annual
Administration
administration of the panchayat and shall place the accounts and the report for approval report.
before the panchayat.
 56 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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

Audit of 143. 1[(l)] The Gujarat Local Fund Audit Act, 1963 shall apply to the auditing of the Guj. XLIX of
accounts. 1963.
accounts of taluka panchayats.

[(2) Notwithstanding anything contained in sub-section (1), the State Government
2

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 Guj. XLIX of
1963.
Local Fund Audit Act, 1963 referred to in sub-section (1) alongwith the rport
of the Comptroller and 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
Meetings of 144. The meeting of a district panchayats shall be held normally every three months:
district
panchayats. Provided that the President of the panchayat, may, for any specified reason and
shall, upon the written request of not less than one-third of the members, call the meeting
of the district panchayat at any other time.

District 145. (1)  A district panchayat shall constitute the following committes, namely:-
Panchayat
Committees, (i)  An Executive Committee for performing functions pertaining to finance, home
their
constitution,
guards and village defence and such other functions and duties of the panchayat as are not
powers, assigned to any other committee:
functions and
duties. 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 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.
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
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 57
(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 1[section 243]
2[(vii)  A Committee for production, co-operation and irrigation.
(viii)  A Committee for woman and child development and youth activities.]
(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 Executive 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 (1) 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 themeselves 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 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.
1. This word and figures were substituted for the word and figures “section 241” by Guj. 15 of
2015, s.23(i).
2. Clauses (vii) and (viii) were substituted for Clause (vii) by Guj. 19 of 2017, s. 4.
 58 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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)  (i)  The term of the committees constituted under sub-section (1) shall be two
1

and a half years:

Provided that the term of the existing Social Justice Committee and Education
Committee which have completed a term of two and a half years on the commencement of Guj. 15 of
2015.
the Gujarat Local Authorities Laws (Amendment) Act, 2015 shall be co-extensive with the
duration of the Panchayat:
Provided further that the term of the Committees other than the Social Justice
Committee and the Education Comittee which have not completed a term of two years on Guj. 15 of
the date of the commencement of the Gujarat Local Authorities Laws (Amendment) Act, 2015.
2015 shall be two and a half years or till the remainder period of duration of the Panchayat,
whichever is earlier.
(ii)  The term of the committee or committees 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 this 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 discharges the duties and functions of the District School Board vested in Guj. 6 of
the District Panchayat under the Bombay Primary Education Act, 1947, the 1947.
Committee shall notwithstanding anything contained in the said Act, exercise those powers
and discharge those duties subject to the control of the District Panchayat.
(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-Ill, 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.
1. Sub-Section (9) was substituted by Guj. 15 of 2015, s.23(2).
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 59
(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.
146. (1)  any member of the Education Committee who intends to move a motion of no Removal of
Chairman of
confidence against the Chairman of Education Committee, may give a notice thereof in the Education
prescribed form to the Committee. 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.
1 47. (1)  The Chairman of the Education Committee of a District Panchayat shall be Honorarium,
etc. to
entitled— Chairman,
Education
(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 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.
148. (1)  The Chairman of the Social Justice Committee of a District Panchayat shall be Honorarium,
etc. to
entitled- Chairman,
Social Justice
Committee.
(a)  to an honorarium at such rate as may be prescribed,
 60 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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.
Travelling 149. The member of any committee of a district panchayat constituted under
Allowance to
section 145, who are not members of such panchayats, shall be entitled to travelling
members of
a committee allowance while touring for the purpose of attending a meeting of the committee or any
who are not business relating to the committee at such rates and subject to such conditions as may be
members determined by rules made either prospectively or retrospectively.
of district
panchayat.
Procedure 150. Save as provided in this Act, the time and place of a meeting of a district panchayat
in respect of 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.

Questions to 151. All questions before a meeting of a district panchayat or committee thereof

be decided by
shall be decided by a majority of votes of the members present and unless otherwise
majority of
votes. provided in this Act, the Presiding Officer of the meeting shall have a second or casting
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.
Modification 152. No resolution of a district panchayat shall be modified, amended, varied or
or cancellation
of resolution. cancelled by a panchayat within a period of three months from the date of the
passing thereof, except by a resolution supported by two-third of the total number of
members of such panchayat.
Invitees at 153. (1)  Notwithstanding anything contained in this Act, it shall be lawful for a
meeting of district panchayat or any of its committees to invite at its meeting not more than five
district
panchayats experts or specialists in the subject matter under consideration at the meeting, out of
and its persons who, in the opinion of 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 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
Administrative 154. Subject to the provisions of this Act, it shall be the duty of each district panchayat to
Powers of
make in the area within its jurisdiction and so far as the fund at its disposal will allow, reasonable
Panchayats.
provision in regard to all or any of the matters specified in Schedule III.
Other 155. (1)  A district panchayat may, with the previous sanction of the State Government
functions of incur expenditure on education or medical relief outside its jurisdiction, if its finances
Panchayats.
permit.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 61
(2)  A district panchayat may also make provision for carving 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 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.
(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
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 Panchayat
or the management of any institution on behalf of Government, any local authority, any to undertake
Corporation incorporated under any law for the time being in force and owned or controlled works, etc.
on behalf of
by Government or the Court of Wards. Government
(2)  It shall be lawful for a district panchayat to give, on such terms and conditions to give
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
157. (1) In addition to the movable or immovable property acquired by a district Property of
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:
 62 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
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.
District Fund. 158. (1)  There shall be in each district a fund which shall be called 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;
(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.
Application 159. (1) All property vested in a district panchayat under this Act, and all funds
of District
Fund.
received by 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 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.
District 160. (1)  Notwithstanding anything contained in sections 158 and 159, in each district,
Family
Welfare
there shall be established by the district panchayat a fund to be called the District Family
Fund. Welfare Fund which shall consist of—
(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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 63
(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
161. (1)  Subject to the provisions of this Act and the rules made thereunder- Secretary
and Officers
(a)  there shall be a Secretary for every district panchayat; and Servants
of District
(b) a  District Development Officer posted under the panchayat, shall be Panchayat.
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.
162. (1) Save as otherwise expressly provided by or under this Act, the executive Powers and
Functions
powers of a district panchayat for the purpose of carrying out the provisions of this Act, of District
shall vest in the District Development Officer who shall subject to the orders, if any, of the Development
Officer.
President or of the district panchayat, as the case may be—
(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 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;
 64 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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 perfrom 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 disbursment 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 deemed 1947.
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.
(E) Budget Estimates
Budget 163. (1) Every district panchayat shall have prepared annually on or before the 15
Estimates of
District February of the current year or such date not later than the month of February of the current
Panchayat year as may be approved by the competent authority, in such form and manner as may be
and
prescribed in this behalf, a budget estimate of its income and expenditure for the next year:
Re-appropriation
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 finally
Budget
estimate to
approved under section 163 shall be forwarded by the President of the district panchayat
be forwarded without delay to the competent authority; a copy of the annual budget estimates shall be
to competent 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 on
pressing
behalf of any district panchayat unless such, sum is included in some budget estimate
emergency
no sum to approved under section 163 and is in force at the time of incurring the expenditure.
be expended
unless it has
(2)  If on a pressing emergency any sum is expended otherwise than in accordance
been included with sub-section (1) the circumstances shall forthwith be communicated in writting by the
in budget President of the district panchayat to the competent authority with an explanation of the
estimate.
way in which it is proposed by the district panchayat to cover such extra expenditure.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 65
166. (1)  Accounts of the income and expenditure of every district panchayat shall be Accounts and
Audit.
kept in such form and manner as may be prescribed and shall be balance annually on the
1st day of every year.
Guj. XLIX of (2)  The Gujarat Local Fund Audit Act, 1963 shall apply to the auditing of the
1963. accounts of the district panchayat.
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 of (4)  The Sate Government shall cause the audit report under the Gujarat Local Fund
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.]
167. (1) The Secretary of the district panchayat shall prepare the annual report of Annual
reports.
administration of the panchayat and shall place the accounts and the report for approval
before the panchayat.
(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.
Bom. V. of 168. The State Government shall, notwithstanding anything contained in the Bombay Recovery
1879. Land Revenue Code, 1879 or any law relating to the collection of any cess, for the time of Land
Revenue by
being in force in the State, by notification in the Official Gazette, entrust to every village panchayats.
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 reciverable 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.
169. The panchayat so entrusted under section 168 shall be responsible for the recovery Responsibility
of the
and collection of the land revenue (including cesses) and other dues of the village in
panchayats.
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.
170. Where a panchayat has been entrusted with the functions and duties relating to Conferment
the collection of land revenue (including cesses) and other dues under section 168, the of powers
and duties for
State Government shall by notification in the official Gazette, confer on such collection of
panchayat, subject to such conditions as may be specified in the notification all or any land revenue
of the powers of the Collector, for the realisation of land revenue and other due on
panchayats.
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 be revenue
this Chapter to be revenue officers within the meaning of the Land Revenue Code and for officers and
their powers.
the purposes of this Chapter it shall be lawful for the State Government to define the area
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.

1. Sub-sections (3) and(4) were inserted by Guj. 21 of 2011, s.13.
 66 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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.
Right of State 172. Notwithstanding anything contained in the provision hereinbefore the right of the
Government
State Government to collect land revenue and any cess, shall remain unaffected, and if in
to collect land
revenue the opinion of the State Government a panchayat exceeds or abuses its powers under this
unaffected. chapter or fails to exercise the same or is incompetent, to perform or makes persistent default
in the performance of the duties imposed or persistenly disobeys any of the orders of the
Collector wide regard to the exercise of any of die 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.
Collector 173. On the withdrawal under section 172 of the powers conferred on a panchayat, the
to appoint Collector, shall appoint an officer to take charge of the accounts, records and otiier papers
officer on
suspension and articles in connection with the recovery of land revenue or collection of cesses, in the
of powers of village.
panchayat.
(B) Delegation of the functions under the Gujarat Co-operative Societies Act,
1961.
Delegation 174. (1)  Notwithstanding anything contained in the Gujarat Co-operative Societies Act, Guj. X of
of powers of 1961 the State Government, having regard to the Panchayat Functions List may subject to 1962.
Registrar of
Co-operative such conditions as it may think fit to impose, by an order published in the Official Gazette,
Guj. X of
Societies to delegate to a district panchayat and the taluka patnchayats subordinate to it, such powers, 1962.
panchayats. functions and duties of the Registrar or any other authority under the said Act may 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, the
functions of 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 witnin 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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 67
(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 propoganda is concerned;
(8)  Co-operative Department;
(9)  Cottage Industries and Small Scale Industries ;
(10)  District Statistical Officer.
(3)  On the transfer of 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.
1 76. In transferring to a district panchayat any powers, functions and duties, relating to Transfer of
rights and
any matter, exercised by the State Government or any of its officers, it shall be lawful for liabilities
the State Government to transfer to the district panchayat any property belonging to the in respect
of property
State Government and connected with such matter together with the rights and liabilities transferred to
(including rights and liabilities arising out of any contract) of the State Government in Panchayat.
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.

177. The transfer or allotment of any servant to panchayat under section 175 shall not Obligation
or liability
affect- of servants
transferred
(a)  any obligation or liability incurred or default committed before such transfer or under section
allotment by such servant while acting or purporting to act in the discharge of his duties as 175 not
affected.
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 behaf.
 68 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
Withdrawal 1 78. Notwithstanding the transfer of any powers, functions and duties in respect
of powers,
functions etc. of any matter to a district panchayat under section 175 or under section 157 or 158
from distict of the Gujarat Panchayats Act, 1961, the State Government on a proposal from the
panchayat.
district panchayat in that behalf or where it is satisfied that by reason of a change
in the nature of the matter, the matter has ceased to be a matter in the Panchayat
Functions List and that it 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 Officai 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

RESPONSIBHILITIES UPON PANCHAYATS WITH RESPECT TO
DEVELOPMENT PLANS AND IMPLEMENTATION OF CERTAIN
SCHEMES.

Preperation 179. (1) Every village panchayat shall prepare every year in such form as may be
of
Development prescribed a development plan for the village for the next year and submit the same before
plans by such date as may be prescribed, to the taluka panchayat to which the village panchayat is
panchayat.
subordinate.
(2)  Every taluka panchayat shall prepare every year in such form as may
be 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 year 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.
Entrustment 180. (1)(a)  Notwithstanding anything contained in any law for the time being in force,
of schemes to
panchayats for
the State Government may subject to such conditions as it may think fit to impose entrust
implementation. by an order published in the Official Gazette to a 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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 69
(2)  Without prejudice to the generality of the provisions of sub-se tion (1) the State
Government may entrust to a district panchayat schemes for ecnomic 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.
(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 (1) or (2) or to a taluka panchayat under sub-section (3) shall
be deemed to be included in the relevant Panchayat Functions List.
 70 Gujarat Panchayats Act, 1993. [1993 : Guj. 18

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

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 panchayat within whose limits it is situate
and shall be maintained and managed by the panchayat in accordance with the provisions
of this Act.
Power to 182. (1)  Notwithstanding anything contained in any law for the time being in force,
establish
cattle pounds
every village panchayat, within the limits of its jurisdiction shall from time to time, appoint
and appoint such places as it thinks fit to be public pounds, and may appoint to be keepers of such
pound pounds such persons as may be approved by the Taluka Development Officer. The duties
keepers.
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.
Penalty for 183. (1)  Whoever, within the limits of a village, allows any cattle which are his property
allowing or in his charge to stray in any street or to trespass upon any private or public property shall,
cattle to stray
in street or on conviction, be punished—
to trespass (i)  for the first offence, with imprisonment for a term which may extend to one month
upon private
or public or with fine which may extend to three hundred rupees, or with both;
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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 71
1 84. (1)  It shall be the duty of every Police Officer and a Watch and Ward appointed Impounding
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.
185. (1)  If the owner of cattle which are impounded under section 184 or his agent Dilivery of
cattle claimed
appears and claims the cattle, the pound keeper shall deliver them to him on payment of and
the pound fees and expenses chargeable in respect of such cattle under section 187 and on consequences
of failure to
depositing the amount of security, if any, prescribed under section 189.
pay pound
(2)  If the owner or his agent appears but refuses to pay the fees and expenses as fees and
expenses, etc.
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.
(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.
1 86. (1)  If within seven days after any cattle have been impounded, no person appearing Sale of cattle
to be the owner of such cattle offers to pay the pound fee and expenses chargeable under not claimed.

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 Government may from Pound fees
and expenses
time to time by notification in the Official Gazette specify 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.
 72 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
Complaints of 1 88. (1)   Any person whose cattle have been seized under this Act or having been so
illegal seizure
or detention. seized, have been detained in contravention of this Act, may, at any time within ten days
from the date of the seizure make a complaint 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.
Security in 189. (1)  In any village to which the State Government may, by notification in the
respect of Official Gazette apply this section, every pound-keeper shall before releasing any
impounded
cattle. 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.
Removal 190. (1)  If in any local area to which the State Government may, by notification in the
of cattle to
specified
Official Gazette, apply this section, a Mamlatdar or Mahalkari is satisfied—
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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 73
(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 I

Taxation by the State Government

191. (1)  The State Government shall levy, on the conditions and in the manner Leavy of
fifty paise
hereinafter discribed, a cess at the rate of fifty paise on every rupee of- cess on every
(a)  every sum payable to the State Government as ordinary land revenue except rupee of land
revenue.
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;
Bom. V of (b)  every sum which would have been payable as land revenue by a small holder
1879.
as defined in the Explanation to section 45 of the Bombay Land Revenue Code, 1879, in
respect of the land held by him for the time being for the purpose of agricultue, 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:—
Bom. V of (i)  penalties and fines, including any charge imposed under section 148 of the
1879. Land Revenue Code, as penalty or interest in case of default, but not 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.
 74 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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.
Rules for 192. In the assessment of the said cess on villages alienated as defined in the Bombay Bom. V of
Assessment. 1879.
Land Revenue Code, 1879:-
(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;
(b) if the village has come under summary settlement under the Exemptions Bom. II of
from Land Revenue (No.l) Act, 1863 or the Exemptions from Land Revenue 1863.
Bom. VII of
(No. 2) Act, 1863 and clause (a) of this section does not apply, the cess shall be fixed on the 1863.
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.
Levy of cess 193. The State Government may levy a cess not exceeding twenty paise on every rupee Bom. VII of
on water rate. 1879.
of water rate leviable under the provisions of the Bombay Irrigation Act, 1879.
Manner of 194. The cess described in section 191 shall be levied, so far as may be, in the same
levying cess manner, and under the same provisions of law as the land revenue:
described in
section 191. Provided that, in the case of any land in the possession of a tenant if such tenant is
liable to pay the land revenue in respect of such land under the provisions of the Bombay
Tenancy and Agricultural Lands Act, 1948, or the Bombay Tenancy and Agricultural Lands Bom. LXVII
of 1948.
(Vidarbh Region and Kutch Area) Act, 1958, such tenant shall be primarily liable for the
Bom. XCIX
payment of cess in respect of such land. of 1959.
Manner of 195. The cess described in section 193 shall be levied so far as may be, in the same
levying cess
manner, and under the same provision of law, as water rates payable to the State Government Bom. VII of
described in
section 193. under the Bombay Irrigation Act, 1879. 1879.
Assistance 196. The provision of law relating to the assistance to be given to superior holders and
to superior
holders. owners of water-courses for the recovery of their dues from their tenants and occupants
under them, or from persons authorised to use their water-courses shall be applicable to
all 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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 75
197. The local cess leviable on water rate under section 193 in respect of lands shall be Collection
and credit of
paid by the State Government to the taluka panchayat within the jurisdiction of which the local cess on
lands are situated, after deducting such portion thereof as cost of collection, as the State water rates.
Government may prescribe by rules.
198. The local cess leviable on lands under section 191 shall be paid by the State Collection
Government to the district panchayat within the jurisdiction of which lands are situated, and credit of
local cess of
after deducting such portion thereof as cost of collection, as the State Government may land revenue.
prescribe by rules.
199. The State Government may, on the application of the district panchayat to which Suspension
the cess is payable, suspend or remit the collection of cess or any portion thereof in any and remission
of local cess.
year in any area, subject to the jurisdiction of such district panchayat.
PART II
Taxation by Village Panchayats.
200. (1)  Subject to any general or special order (including an order fixing the minimum Levy of taxes
and maximum rates of a tax or fee) which the State Government may make in this behalf, and fees by
village
it shall be competent to a village panchayat to levy all or any of the following taxes and fee panchayats.
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;
1
[(i-a)  a tax on mobile towers;]
[ 2
* * * *]
(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;
3[(ix-a)  subject to and in accordance with the provisions of the Gujarat State Tax on
Professions, Trades, Callings and Employments Act, 1976 (President’s Act No. 11 of 1976)
and the rules made thereunder, a tax on professions, trades, callings and employments;]
(x)  anyother prescribed tax (not being a toll on motor vehicles or trailers, save as
Bom. LVX of provided by section 20 of the Bombay Motor Vehicles Tax Act, 1958 4 [*  *  *]or a tax on
1958. payments for admission to any entertainment) which the State Legislature has under me
Constitution, powers to impose in the State;
(xi)  a fee on markets and weekly bazars;
(xii)  a fee on cart-stands and tonga-stands;
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.
3. Clause (ix-a) was inserted by Guj. 10 of 2008, s.19, Sch. II, Sr. No. 3 (1) (1).
4. The words “or tax on professions, trades, callings and employment” were deleted, ibid., s.19,
Sch-II, Sr. No. 3(1) (1) (b).
 76 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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 1[including shops and
stalls] 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[(1A)  Notwithstanding anything contained in sub-section (1), it shall be
compulsory for a village panchayat to levy taxes and fees as referred to in clauses (i), (viii)
and (ix) of said sub-section.]
(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.
(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.
    
[(4A)  a tax on mobile towers referred to in clause (i-a) of sub-section (1) shall be
3

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.
   4
[(5A) Notwithstanding anything contained in sub-section (1), whereas tax on
professions, trades, callings and employments has been imposed by any panchayat under
the provisions of this Act in the area within the limits of a village panchayat, it shall not
be lawful for any other panchayat, so long as the tax is being so imposed, to levy such tax
within such limits.]
1. These words were inserted by Guj. 15 of 2015, s.24 (i).
2. Sub-section (1A) was inserted, ibid., s.24(ii).
3. Sub-section(4A) was inserted by Guj. 21 of 2011, s.14(2).
4. Sub-section (5A) was inserted by Guj. 10 of 2008, s.19, Sch. II, Sr. No. 3(1)(2).
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 77
(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 to Lump-sum
contribution
the fact that a factory itself provides in the factory area all or any of the amenities which 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 circumastances 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).
202. (1) It shall be lawful for a village panchayat to lese by public auction or Framing of
fees on
private contract the collecting of any fees levied by it on markets and weekly bazars
markets, etc.
1
[* * *]:
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 lessese and every person employed by the lessee to assist him in the
collection of the fees 2[* * *] 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 person appointed to collect such fees 2[* * *] under this Act.
(4) Any rules or orders for the levy, collection and recovery of any such fees
3
[* * *] shall have effect subject to the provisions of this section.
203. (1) A village panchayat may by resolution passed by its meeting, apply to levy Levy and
Collection
a cess at the rate not exceeding twenty-five paise, according to its needs and capacity, up to twenty
on every rupee of every sum payable to the State Government as land revenue, and on five paise as
which a cess is leviable under clauses (a), (b) and (c) of sub-section (1) of section 191 and cess on every
rupee of land
thereupon the State Government shall (in addition to any cess leviable under section 191) revenue.
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.
1. The words “or the collecting of octroi” were deleted by Guj. 12 of 2001, s.4(a).
2. The words “ or octroi, as the case may be” occuring at two places, were deleted, ibid., s.4(b).
3. The words “or octroi, as the case may be” were deleted, ibid., s.4(c).
 78 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(3)  On receipt of an application under sub-section (/) 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 (l) 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, the
panchayat
to increase 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
panchayat.
taluka 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.
Recovery of 205. If under clause (a) of item 4 of Schedule 1, a village panchayat incurs any
cost of watch
and ward.
expenditure on watch and ward of the village and of the crops therein the cost of such
watch and ward shall be levied and recovered by the panchayat from such persons and in
such manner (including the levying of a fee) as may be prescribed.
PART III
Taxation by Taluka Panchayat
Taxes and 206. (1)  Subject to any general/special orders which the State Government may make in
fees which
this behalf, every taluka panchayat may after observing the preliminary procedure required
maybe
imposed by section 212 impose an education cess and any of taxes and fees which are leviable by a
by taluka village panchayat under section 200:
panchayat
and mode Provided that the rate of tax or fee leviable by a taluka panchayat in respect of any
of collection matter within the limits of any village shall not exceed 15 per cent, of the rate of the tax
thereof.
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 15 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 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
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 79
(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)  1
[(i)] Such percentage not exceeding 50 per cent. of the gross collection of such
tax on fee 2[(other than tax levied under section 3 the Gujarat State Tax on Professions,
Trades, Callings and Employments Act, 1976, read with clause (ix-a) of sub-section (1)
of section 200)] in any financial year as the State Government may by general or special
order determined 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.
3[(ii)  Total amount of gross collection of tax levied under section 3 of the Gujarat
State Tax on Professions, Trades, Callings and Employments Act, 1976 read with clause
(ix-a) of sub-section (1) of section 200, in any financial year in any area within the
jurisdiction of a village panchayat shall not form part of the taluka fund, but shall be
assigned to the concerned village panchayat.]
(c)  If any panchayat makes any default in the payment of any sum due in respect
of a tax or fee within the time sepcified under clause (a), the provisions of section 211 shall
mutatis mutand is apply to such default and the taluka panchayat shall exercise the same
powers as are exercisable by a disrict panchayat under that section.
207. (1)  A taluka panchayat may, by resolution passed at its meeting, apply to the State Increase of
stamp duty
Government for increasing the rate of stamp duty leviable under the Bombay Stamp Act, for a taluka
Bom. LX of 1958 on instruments of sale, mortgage, lease or any other kind of transfer of immovable panchayat.
1958.
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.
Bom. LX of (2)  Notwithstanding anyhthing 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 mat 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.
Bom. LX of (3)  For the purpose of this section, section 28 of the Bombay Stamp Act, 1958, shall
1958.
be read as if it specifically required the particulars therein referred to be forth 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.
1. Clause (b) was renumbered as sub-clause (i) by Guj. 10 of 2008, s. 19, Sch. II, Sr. No. 3(2)(1).
2. These brackets, words, figures and letters were inserted, ibid.
3. Sub-Clause (ii) was inserted ibid., s. 19, Sch. II, Sr. No. 3(2)(2).
 80 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(5)  The State Government shall, every year after due appropriation made by
law 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
in this behalf, every district panchayat may, after observing the preliminary procedure
imposed by
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.
Increase of 209. (1)  A district panchayat may, by resolution passed at its meeting apply to the State
stamp duty
for a district Government, for increasing the rate of stamp duty leviable under the Bombay Stamp Act, Bom. LV of
1958.
panchayat. 1958 on instruments of sale, mortgage, lease or any other kind of transfer of 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.
(2)  Notwithstanding anything contained in the Bombay Stamp Act, 1958 on receipt Bom. LV of
1958.
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.
(3)  For the purpose of this section, section 28 of the Bombay Stamp Act, 1958, Bom. LV of
shall be read as if it specifically required the particulars therein referred to be set forth 1958.

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
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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 81
2 10. Wherein exercise of the powers given by this Act, a district panchayat imposes any Tax on
professions,
tax or fee then notwithstanding anything in this Act or any other law for the time being in etc. levied
force, in any area within the jurisdiction of a village panchayat- by district
panchayat to
(a)  such tax or fee shall be collected by the village panchayat concerned from those
be collected
persons who are liable to pay the tax or fee under the rules made by a district panchayat and by village
who reside, or carry on any trade or exercise any profession or follow a calling, within such panchayat.
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) 1[(i)]  such percentage not exceeding fifty per cent. of the gross collection of such
tax or fee 2[(other then tax levied under section 3 of the Gujarat state Tax on professions,
Trades, callings and Employements Act, 1976, read with clause (ix-a) of sub-section (1)
of section 200)] 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.
3[(ii)  total amount of gross collection of tax levied under section 3 of the Gujarat
State Tax on Professions, Trades, Callings and Employments Act, 1976 read with clause (ix-
a) of sub-section (1) of section 200, in any financial year in any area within the jurisdiction
of a village panchayat shall not form part of the district fund, but shall be assigned to the
concerned village panchayat.]
211. (1)  If any panchayat makes default in the payment of any sum due in respect of a Default in
tax on professions, trades, callings and employments, or any other tax or fee within the time payment by
panchayat.
specified by the district panchayat under clause (a) of section 210, the district 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.
212. (1) A taluka panchayat or, as the case may be, a district panchayat shall, before Procedure
of taluka
imposing a tax or fee, by resolution passed at a metting of the panchayat-
and district
(a)  select a tax or fee which may be imposed; and panchayat
preliminary
(b)  approve rules describing the tax or fee selected; and to imposing
(c)  shall in such resolution and in such rules specify— tax.

(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 cirumstances
or principles on which exemptions can be given) and the duties and obligations of persons
liable to pay any such tax or fee;
1. Clause (b) was renumbered as sub-clause (i) by Guj. 10 of 2008, s. 19, Sch. II, Sr. No.
3 (3) (1).
2. The brackets, word figures and letters were inserted, ibid.
3. Sub-clause (ii) was inserted, ibid., Sr. No. 3(3)(2).
 82 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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.
(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 recieved thereto and the
report of the committee, if any, into consideration at a meetting and sanction the rules with
or without modifications.
Procedure for 213. (1) The panchayat may, at a special meeting, pass a resolution to propose the
abolishing or
varying a tax.
abolition of any tax or fee already imposed or a variation in the amount or rate thereof.
(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 manner
of sanctioned
rules with
by the taluka panchayat in the taluka and by district panchayat in the district for which they
notice. are made, and the tax as described in the rules so published shall, from the date 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.
Recovery of 215. (1)  When any tax or fee or any other sum has become due, a panchayat shall with
taxes and
the least practicable delay, cause to be presented to the person liable for the payment thereof
other dues.
a bill for the amount due from him, specifying the date on or before which the amount shall
be paid.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 83
(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
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 sevrvice 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] was deleted by Guj. 12 of 2001, s.5.
217. The District Development Officer may direct any sum ceritified by a panchayat District
as recoverable as an arrear of land revenue to be written off, if in his opinion the sum is Development
Officer’s
irrecoverable: power to
direct
irrecoverable
Provided that no sum exceeding five hundred rupees shall be written off except sums to be
written off.
with the previous sanction of the State Government.
 84 Gujarat Panchayats Act, 1993. [1993 : Guj. 18

CHAPTER XI
FINANCIAL ASSISTANCE TO PANCHAYATS
Provision 218. The State Government shall, having regard to the recommendations, if any, of the
by the State
Government Finance Commission, in each year after due appropriation made by the State Legislature by
for making law in this behalf make provision for making grants to the panchayats in accordance with
grants to
panchayats.
this Chapter.
219. (1)  For the purposes of section 218, the State Government shall in each year
Extent of
grants out of detennine 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 (2)  Out of the sum determined under sub-section (1) an amount equal to-
land revenue.
(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)  7½ per cent. of the balance shall be paid into the District Equalisation Fund
established under section 221.
(b)  7½ 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
Equilisation State Equalisation Fund, which shall consist of the payments made into it under clause
Fund.
(b) 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
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
Eduilisation be called the District Equalisation Fund consisting of the payments made into it under
Fund.
sub- 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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 85
(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.
District
222. (1)   In each district, there shall be established by the district panchayat a fund to be Village
called the District Village Encouragement Fund which shall consist of the payments made Encouragement
into it under sub-clause (b) of clause (ii) of sub-section (3) of section 219 and which shall Fund.

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.
[1[*     *     *     *]
223. (1) In each district, there shall be established a fund to be called the District District
Development
Development Fund which shall consist of the contributions made by the village panchayats 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.
224. The State Government shall, after due appropriation made by the State Legislature Grant of
a portion
by law in this behalf, pay to every district panchayat an amount equal to two per cent. of of forest
the forest revenue collected in the revenue year immediately preceding within the limits of revenue to
district
the district.
panchayats.

225. Where any village is situate in a forest area and is not assessed under the Land Grant
from forest
Revenue Code then the State Government shall, in lieu of a grant of land revenue under revenue to
section 219, pay to the village panchayat of the village, in each year such amount out of the certain village
panchayats.
forest revunue of the village collected in the revenue year immediately preceding, as it may
fix but the amount so fixed shall not be-
(1)  less than Rs. 500, and
(2)  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.
CHAPTER XII
FINANCE COMMISSION
226. (1)  In this section, the Commission means the Finance Commission constituted by Finance
Commission.
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-
1. Sub-sections (3) and (4) were deleted by Guj. 19 of 2017, s. 5.
 86 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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)  The Commission shall in the performance of their functions have all the powers
of the civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of V of 1908.
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;
(d)  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
Panchayat 227. (1)  For the purpose of briniging about uniform scales of pay and uniform conditions
service to be
regulated by
of service for persons employed in the discharge of functions and duties of panchayats,
rules. there shall be constituted a panchayat service in connection with the affairs of 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.
(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-
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 87
(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 incrurred 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.
228. Subject to the rules, which the State Government may make in this behalf, the Expenditure
expenditure towards the pay and allowances of and other benefits available, to an officer towards pay,
allowances,
or servant of the panchayat service serving for the time being under any panchayat shall be etc. of officers
met by that panchayat from its own fund. and servants
in panchayat
service to be
met by
panchayats.

229. Subject to any rules made under section 227 appointments to the posts in the Mode of
panchayat service shall be made— appointment.

(i)  by direct recruitment,

(ii)  by promotion, or
(iii)  by transfer of a member of the States service to the panchayat service.
230. (1)  The State Government shall, by a general or special order, allocate to the Allocation of
officers and
panchayat service—
servants to
(i)  Such number of officers and servants, out of the staff allotted or transferred to a panchayat
services.
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.
 88 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
Allocation to 231. (1)  Notwithstanding anything contained in section 230, the allocation to the
panchayat
service to be panchayat service made under section 230 of officers or servants allotted or transferred
provisional to a panchayat under section 175, shall initially be provisional and it shall be lawful for
for certain
the State Government to review their allocation within a period of four years from such
period and
re-allocation allocation or transfer, and if necessary, to reallocate by an order made in that behalf any of
of office and such officers or servants to the State service for any of the following reasons, namely:—
servants to
State services. (i)  if out of the officers and servants so allocated, any officers or servants 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-section
(1) whether made before or after the commencement of ‘the Gujarat Panchayats and the Guj. Ord.2 of
Gujarat New Capital (Periphery) Control (Amendment) Ordinance, 1964’, shall not affect- 1964.

(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 accoradnce with the law applicable thereto during the said period
of allocation by such authority as the State Government may by general or special order
specify in this behalf.
Posting under 232. (1)  For the purpose of enabling the panchayats to discharge their functions and
panchayats
of officers
duties under this Act, it shall be lawful for the State Government to direct by a general
and servants or special order that such number of officers of the Indian Administrative Service and of
in the State Class 1 and Class II services of the State and such number of officers or servants allotted
service.
or transferred to a panchayat under section 175 but not allocated to the panchayat 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
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 89
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 of Loan services
of
any officer of Government on loan. Government
officer to
panchayats.
XIV of 1947. 234. Notwithstanding anything contained in the Industrial Disputes Act, 1947, or any No
other law for the time being in force, the allocation of any officer or servant to the panchayat compensation
payable for
service under section 230, shall not entitle such officer or servant to any compensation
transfer of
under that Act or law and no claim for any such compensation shall be entertained by any service.
Court, Tribunal, or Authority.
235. (1)  There shall be established a Gujarat Panchayat Service Selection Board Gujarat
consisting of five members including the Chairman. Panchayat
Service
(2)  At least one of the members of the Board shall be a person who is a member of Selection
the State service or has retired from such service. Board, its
constitution
(3)  Subject to sub-sections (1) and (2), the State Government shall appoint as and functions.
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.
236. (1) There shall be a District Panchayat Service Selection Committee in each District
district for selecting candidates for recruitment to such posts of the panchayat Panchayat
Service
service and to advise the panchayats in such matters and to perform such other Selection
functions as may be prescribed. Committee
and District
Primary
Education
Staff Selection
(2)  A District Panchayat Service Selection Committee shall consist of- Committee.
(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.
 90 Gujarat Panchayats Act, 1993. [1993 : Guj. 18

CHAPTER XIV
CONTROL
Power of 237. Nothing in this Act shall affect the power of the State Government to prepare for the
Government
whole State the Five Year Plan or the project and programmes relating to the construction
to prepare
State wise of roads, water supply, or any other matter or to undertake any project or programme
projects, etc. concerning a district or more districts.
not affected.
Panchayats 238. The village panchayats, taluka panchayats, and district panchayats, notwithstanding
to form part
of State wise
that they are separate bodies corporate having distinct territorial jursdiction and distinct
Panchayats functions to perform-
Organisation
and to perform (1)  shall form part of the panchayat organisation set up for the purpose of securing
function so as a greater measure of participation by the people of the State in local and governmental
to 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.
Panchayat to 239. (1)  If in respect of any matter which is to be dealt with by a panchayat, the State
invite
designated
Government so directs by a general or special order, it shall be the duty of the panchayat to
officer or invite such officer or person as may be designated by the State Government as an officer or
person to person possessing technical knowledge and experience pertaining to such matter to attend
attend
meetings. the meeting of the panchayat or, as the case may be, of its committee 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 perscribed.
Power of 240. Where the functions and duties assigned to village panchayats, taluka panchayats
Government and district panchayats under the Panchayats Functions List relate to the same subject,
to issue
directions. then in order that the functions and duties may not overlap or that the responsibility for
performing any such function or duty is not shifted by one panchayat to another on accoount
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.
Necessity of 241. (1)  Subject to the provisions of sub-section (2), no work or development scheme
administrative which a panchayat intends to undertake as part of its functions and duties under this Act
sanction,
etc. to work shall be commenced unless a detailed estimate of trie cost of such work or development
of schemes, scheme has been approved by the panchayat and the plan thereof is approved by the
grant-in-aid
and prescribed authority.
acquisition (2)  No such work or development scheme shall be commenced and no grant-in-aid
of 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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 91
2 42. (1)  Save as otherwise provided in this Act, an appeal shall lie to the district Appeals
against order
panchayat against any order or decision of a village panchayat or taluka panchayat affecting of village
any individual or institution. panchayat.

(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 to
conferred on a district panchayat under 1[sections 104, 200 and 242] shall be exercisable by exercise
an Appeal Committee of the district panchayat, which shall consist of the President of the appellate
powers
panchayat and four other members of the panchayats as may be chosen by the panchayat of district
from amongst its members. 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 2[two and a half 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.
(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.
244. An appeal to be made to a district panchayat shall be in writing and addressed to To whom
appeal may
the District Development Officer. It may be sent to the District Developmment Officer by
be addressed,
registered post or presented to him in person. Every such appeal shall be accompanied by etc.
the decision or order appealed against or by a certified copy thereof.
245. (1)  The district panchayat shall have power— Power to call
for
(a) to call for any proceeding of any panchayat subordinate to it or an extract
proceedings.
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
1. These words and figures were substituted for the words and figures “sections 104, 200 and
241” by Guj. 15 of 2015, s. 25 (i).
2. These words were substituted for the words “two years”, ibid., s. 25(ii).
 92 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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 246. (1)  The district panchayat may audiorise its President, Vice-President or Secretary
entry.
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.
Powers of 247. An officer authorised by the State Government in this behalf by general or special
Officer
of State order may enter on and inspect or cause to be entered on and inspected, at all reasonable
Government times any immovable property occupied by any panchayat or any work in progress under
regarding
inspection. its direction and also enter the office of any panchayat and inspect any record, register or
other documents kept therein and the panchayat shall comply with the, inspection notes, if
any, made by such officer.
Reduction of 248. (1)  If in the opinion of the district panchayat the number of persons maintained by
establishment.
a panchayat subordinate to it as officers or servants, or the remuneration 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.
Suspension of 249. (1)  If in the opinion of the Taluka Development Officer the execution of any order
execution of
order.
or resolution of a panchayat subordinate to the taluka panchayat or the doing of anything
which is about to be done, or is being done by or on behalf of such panchayat, is 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 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 may 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
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 93
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 writting suspend the execuiton
or prohibit the doing thereof and shall forthwith—
(a)  send to the panchayat affected thereby a copy of the order, with a statement of
me 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 of
work in case
execution of any work or the doing of any act which a panchayat subordinate to a taluka of emergency.
panchayat is empowered to execute or do, and the immediate execution or doing where of
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 (1), (2) and (3) subject to the modification that he
shall submit a report under sub-section (3) to the 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.
251. (1)  If for the purpose of taking immediate steps for protecting life and property in Extension by
any area affected by an outbreak of fire or epidemic disease or any other natural calamity, panchayat of
its services,
the District Development Officer is satisfied that it is necessary to requisition any service, etc. to area
equipment or staff provided or maintained by any panchayat within the area for which it is outside its
limits.
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
 94 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
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 252. (1)  If at any time it appears to the district panchayat that any panchayat subordinate
performance
of duty. 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
sub-section (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.
Dissolution or 253. (1)  If, in the opinion of the State Government, a panchayat exceeds or abuses its
supersession
of panchayats powers or is incompetent to perform or makes persistent default in the performance of the
for default. duties imposed on it or functions entrusted to it under any provision of this Act or by or
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:
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 95
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, the Consequences
limits of a village is altered so as to— of alteration
of limits of
(a)  Include any area therein, or village.

(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.
(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 there from 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 the 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;
 96 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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 255. Where by a notification under clause (g) of article 243 of the Constitution, any local
area being
area forming part of village is excluded from such village and such area is not included
excluded from
village. 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 256. On any area ceasing to be a village by virtue of any notification under clause (g) of
ceasing to be
village 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 appoint
the expiry of its duration, the State Government is satisfied that, it is not possible to hold
officer when elections before the expiry of duration for reconsituting the panchayat, on account of any
elections natural calamity, then, notwithstanding anything contained in this Act or rules made there
not held 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.
Inquiry by 258. (1)  The State Government may from time to time cause inquiry to be made by
officers of
panchayat. way of its officers in regard to any panchayat or matters concerning it or to any matters
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 V of 1908.
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.
(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.
State 259. The State Government may call for and examine the record of proceeding of any
Government panchayat or of any committee thereof or of any officer for the purpose of satisfying itself
may call for
proceedings. as to the legality or propreity of any order passed and may revise or modify the order as it
shall deem just.
1. Sub-Section (2) was deleted by Guj. 6 of 2001, s.2.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 97
CHAPTER XV
PROVISIONS FOR CONVERSION OF A NAGAR
PANCHAYAT INTO A VILLAGE PANCHAYAT AND FOR AMALGA-
MATION AND DIVISION OF PANCHAYATS.

260. For the purpose of this Chapter, unless the context otherwise requires—
(a)  “municipal borough” means a municipal borough within the meaning of the Interpretation.
Guj. 34 of
1964. 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, 1963
1964. (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 municipal panchayat
borough as well as any other area, then with effect from the date on which such local area into village
panchayat.
is so declared to be a village (in this section referred to as “the said date”), the 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;
(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;
 98 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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 institued 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.
(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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 99
262. (1)  When two or more villages cease to be villages and the local areas constituting Effect of
amalgamation
such villages are amalgamated and declared-to be one village (hereinafter in this section of
referred to as “as amalgamated village”) by virtue of a notification under clause (g) of villages.

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
arears 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
arears 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 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
 100 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
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.
1[(2) Within four months of the said date, a panchayat for amalgamated village
shall be constituted in accordance with the provisions of this Act and such constituted
panchayat, unless sooner dissolved under this Act, shall continue for five years from the
date appointed for its first meeting and no longer.]
Effect of 263. (1)  Where by virtue of a notification issued under clause (g) of article 243 of
division of
village.
Constitution any village ceases to be a village is split up into two or more villages with
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 51, 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;
1. Sub-section (2) was substituted by Guj. 4 of 2017, s. 2.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 101
(f)  all debts and obligation incurred and all contracts made by or on behalf of
the dissolved panchayat immediately before the said date and subsisting on the said date
shall 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.
1[(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 such constituted
panchayat, unless sooner dissolved under this Act, shall continue for five years from the
date appointed for its first meeting and no longer.]
264. (1) When, on account of the constitution of a new district or taluka
under the Land Revenue Code, or for any other reason, the limits of a district, Consequences
of alteration
or as the case may be, a taluka are, during the term of office of the members of of limits of
the district panchayat or, as the case may be, the taluka panchayat, altered so district or
taluka.
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;
1. Sub-section (2) was substituted by Guj. 4 of 2017, s. 3.
 102 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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;
(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 taluka, 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
Joint 265. (1)  A panchayat may, from time to time, concur with any other panchayat or with
Committees of
two or any local body or with more than one such local body-
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
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 103
any such bodies, for the levy of octroi duty whereby the octroi duties respectively leviable
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
members, namely:- of 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
panchayts in the State in their administration;
 104 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(e)  to make sue moto 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 for
members for
loss, waste or the loss, waste or misapplication of any money or other property of panchayat to which he
misapplication. 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 parts 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 misapplication.
(3)  If the amount is not so paid, it shall be recovered as an arrear land reveue 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.
Power of 268. (1)  Where, the officer authorised in this behalf by the State Government is of the
authorised
officer to opinion that any person, who in his capacity as a member, officer, servant, or secretary
recover of a panchayat had, in his custody any record, money or other property belonging to the
record and panchayat is after his retirement, removal or suspension from office, as the case may be, not
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:
Provided that no such person shall be so detained in confinement for a period longer
than one calender month.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 105
(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 exercised by a Magistrate
2 of 1974. 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 possession Liability to
pay rent for
of any property vesting in, or under the control of, a panchayat shall without prejudice to unauthorised
any other action which may be taken under this Act, be liable to pay in to the panchayat a occupation or
possession of
sum upto four times the amount of rent which would have been payable to the panchayat property of
for the period of such occupation or possession, had the property been let by the panchayat. panchayat.

(2)  The sum so payable shall be deternined 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. (l)  No action shall be brought against any panchayat or any member, officer, Bar of action
against
servant or agent of a panchayat or any member of a committee of a panchayat acting under panchayat,
its direction, in respect of anything in good faith done under this Act or under any rule or etc. and
previous
bye-law made thereunder. notice before
(2)  No action shall be brought against any panchayat or any member, officer, institution.

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.
271. (1)  The State Government may, by notification in the Official Gazette, authorise any Delegation of
powers.
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.
 106 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
Members, etc. 272. Every member of a panchayat or of its committee, and every officer and servant
of panchayats,
and servants, maintained by or employed under panchayat, shall be deemed to be a public servant within
etc. to be public
45 of 1860.
servants.
the meaning of section 21 of the Indian Penal Code.

Previous 273. When any person who is or had been a Sarpahch, Upa-Sarpanch, President or Vice-
sanction for
prosecution President of a panchayat or a Chairman of the Education Committee of district is accused
against of any offence alleged to have been committed by him while acting or purporting to act
Sarpanch,
in the discharge of his official duty, no court shall take cognizance of such offence except
Chairman,
President, etc. with the previous sanction of the State government or any officer authorized by the State
Government in this behalf.
Power of 274. (1)  The State Government may, by notification in the Official Gazette, make rules
Government
to make for carrying out the purposes of this Act.
rules.
(2)  In particular and without prejudice to the generality of the foregoing 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
presribed 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 (1) 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.
1[(5)  The power to make rules conferred by this section is subject to the condition
of the rules being made after previous publication:
Provided that if the State Government is satisfied that circumstances exist which
render it necessary to take immediate action, it may dispense with the previous publication
of any rule to be made under this section:
Provided further that such previous publication of the rules shall not be necessary
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.
Bye-laws. 275. (1)  A district panchayat may, with the previous sanction of the State 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:—
1. Sub-Section (5) was substituted by Guj. 22 of 2015, s.10.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 107
(i)  for the purification and protection from pollution of all sources of water used for
drinking purposes and the regulation of water supply;
(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.
276. (1)  In this section unless the context otherwise requires- Repeal and
savings.
(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 dissovled 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.
Guj. 6 of (2)  With effect on, and from the appointed day the Gujarat Panchayats Act, 1961
1962.
shall stand repealed and the following consequences shall ensue, that is to say—
 108 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(a)  all property, movable and immovable, and all interests of whatsoever and kind
therein, which vested in an existing panchayat, immediately before the 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 Guj. 10 of
school boards; any functions under the Gujarat Co-operative Societies Act, 1961 and any 1962.
functions of the State Government under any enactment or 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 Equalisation
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;
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 109
(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 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 appointed
under this Act.
277. (1)  For the purpose of bringing the provisions of any law in force in the territory of Power of
State
this state into accord with me provisions of this Act, the State Government may by order Government
published in the Official Gazette make such adaptations and modifications of such law, to adapt laws.
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 Schedule, Removal of
difficulties.
the State Government may, as occasion requires, by order do anything which 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 clause Application
of Act to
(1) of article 244 of the Constitution of India, subject to the modifications specified in Scheduled
Schedule IV. Areas of State.

278AA. The enactments specified in Schedule V shall, in their application to the Scheduled Amendment
of certain
Areas of the State as referred to in clause (1) of article 244 of the Constitution of India, be Acts in their
amended to the extent specified in column 3 of the said Schedule.] application
to Scheduled
Areas of
State.

Guj. 6 of 279. Where the term of a panchayat constituted under the Gujarat panchayats Act, Transitional
1962. Provision.
1961 expires within one year from the commencemen of the Constitution (Seventy-third
Amendment) Act, 1992 or a Panchayat contituted under me 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.
 110 Gujarat Panchayats Act, 1993. [1993 : Guj. 18

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)  construtcion 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;
(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 unheathy 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 cattlies
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;
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 111
(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.
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 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
XVI of 1927. 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;
(l)  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 scracity;
(o)  extension of village sites and the regulation of buildings and housing schemes
in accourdance 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 maintenace of libraries and reading rooms;
(e) promotion of social and moral welfare of the village including prohibition,
propaganda, removal or untouchahility, amelioration of the condition of the backward
classes, the eradication of corruption and the discouragement of gambling and other
anti-social activities;
(f)  assisting me 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;
 112 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(i)  repairs 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 threin 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;
(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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 113
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 Husbandary-
(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 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;
(e) 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.
 114 Gujarat Panchayats Act, 1993. [1993 : Guj. 18

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;
(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;
(j)  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;
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 115
(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 maintanance 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;
(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.
 116 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
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 thirft, 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;
(b)  implementing schemes of rural housing;
(c)  maintaining decrepit beggars;
(d)  sponsoring voluntary institutions of social welfare and co-ordinating and
assisiting 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 anc 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;
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 117
(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;
(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
Bom. LXI of panchayat, the distance measured according to the nearest road between an approved
1947. school and the residence of the child for the purposes of the 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;
Bom. LXI of (q)  to secure the enforcement of the Bombay Primary Education Act, 1947, and the
1947. rules or orders made thereunder.
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 tetanus;
(i)  establishment and maintenance of ayurvedic and homeopathic dispensaries;
(j)  provision of medical relief through ayurvedic and homeopathic centres;
 118 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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 activites—
(a)  undertaking all educational activites 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;
(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 activites 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;
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 119
(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;
(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 earethquake.
11. In the sphere of minor irrigation projects—
(a)  provision for irrigation by canals from tanks and bunds;
 120 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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.
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;
    (vi)  to recognise and aid gymnasia and to organise recreational centres and holiday
and school camps.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 121
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 (1) of article 244 of the Constitution of India;”
2. For section 4, the following section shall be substituted, namely;
Gram Sabha.
    “4.(1)  There shall be a gram sabha for a village for performing such functions 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 (1), 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”.
7. After section 11 the following section shall be inserted, namely:-
1 Schedules IV and V were added by Guj. 5 of 1998, s.3.
 122 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
Nomination “11 A. If for any reason an election does not result in the return of any
of members
member of Scheduled Tribes in a taluka panchayat or district panchayat, then the State
of Scheduled
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.
(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.
 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 123
Guj. 7 of Explanation.- For the purposes of this sub-section the expression “minor forest pro-
1979. duce” 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 :-

“ 132A. The taluka panchayat shall be consulted,-

“(a) before acquiring under the Land Acquisition Act, 1894 any land, situate in the Taluka
Panchayat to
taluka for any development project; be consulted
1 of 1894.
before
(b) before resettling or rehabilitation persons affected by such project.”. acquisition
of land
rehabilitation
of persons
affected.
14. In Schedule I,-
(1) in entry 1, 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.”
 124 Gujarat Panchayats Act, 1993. [1993 : Guj. 18

SCHEDULE V
Acts amended.
(See section 278AA)

Serial
Short Title Extent of amendment
No.
1 2 3
1. The Bombay Land In section 73AA,—
Revenue Code, (1) In sub-sections (1) and (2), for the “the
1879 (Bom. V of Collector”, the words “the District panchayat” shall be
1879) 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 After section 17, the following shall be inserted,

Money Lenders namely,--
Act, 1946,
(Bom. XXX of 1946.) “17A. No money lender shall lend any money to
Previous sanction of a member of the Scheduled tribe residing in a
village panchayat Scheduled Areas of the State as referred to in clause
before lending money (1) of article 244 of the Constitution of India, without
to member of previous sanction of the village panchayat of that
Scheduled Tribe. village.”.
Repeal and
savings.
4. (1)  The Gujarat panchayats (Amendment) Ordinance, 1998 is here by repealed. Guj. Ord. 3
(2)  Notwithstanding such repeal, anything done or any action taken under the of 1998.
principal Act as amended by the said Ordinance, shall be deemed to have been done or
taken under the principal Act, as amended by this Act].

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Government Printing & Stationery, Rajkot