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THE GUJARAT PANCHAYATS ACT, 1993

The Gujarat Panchayats Act, 1993

Gujarat Act No. 18 of 1993

26th August, 1993

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 :-

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10 Constitution of Taluka Panchayats
37 Penalty for misconduct at polling station
38 Maintenance of secrecy of voting
39 Officers, etc. at elections not to act for candidates or influence voting
40 Breaches of official duty in connection with elections
41 Removal of ballot papers from polling station to be offence
42 Other offences and penalties therefor
43 Prosecution in certain offences
44 Requisitioning of premises, vehicles, etc. for election purposes
45 Payment of compensation
46 Power to obtain information
47 Power of entry into and inspection of premises, etc.
48 Eviction from requisitioned premises
49 Release of premises from requisition
50 Penalty for contravention of any order regarding requisition
51 First meeting of panchayat and election of Upa-Sarpanch
52 Duty of retiring Sarpanch etc. to hand over charge of office
53 Term of office of members of village panchayats and of Sarpanch, etc. thereof
54 Resignation of Sarpanch or Upa-Sarpanch
55 Executive power of Sarpanch, or Upa-Sarpanch
56 Motion of no confidence
57 Removal from office
58 Leave of absence
59 Suspension of Sarpanch or Upa-Sarpanch
60 Elligibility of certain members for re-election
61 Filling up of vacancies
62 Acts and proceeding of panchayat and committee not vitiated by disqualification, etc. of members thereof
63 First meeting of panchayat and election of President and Vice-President
64 Duty of retiring president, etc. to handover charge of office
65 Honorarium allowances, etc. to President and Vice-President and travelling allowances to members
66 Payment of honorarium to President during leave or absence
67 Term of office of members, President and Vice-President
68 Resignation
69 Powers and functions of President and Vice-President
70
71 Removal from office
72 Leave of absence
73 Suspension of President or Vice-President
74 Eligibility of certain members for re-election
75 Filling up vacancies
76 Act and proceedings of panchayat and committee not vitiated by disqualification, etc. of members thereof
77 First meeting of district panchayat and election of President and Vice-President
78 Duty of retiring President, etc. to handover charge
79 Honorarium and allowance, etc. to President and Vice-President and travelling allowances to members
80 Payment of honorarium to President during leave or absence
81 Term of office of members of district panchayat and of President and Vice-President
82 Resignation
83 Powers and functions of President and Vice-President
84 Motion of no confidence
85 Removal from office
86 Leave of absence
87 Suspension of President or Vice-President or Chairman of a Committee
88 Eligibility of certain members for re-election
89 Filling of vacancies
90 Acts and proceedings of panchayat and Committee not vitiated by disqualifications, etc. of members thereof
91 Meeting of Panchayats
92 Village Panchayat their constitution, powers, functions and duties
93 Meeting of Gram Sabha
94 Panchayat to place before gram sabha statement of accounts, etc. and duties of gram sabha
95 Procedure in respect of meeting
96 Questions to be decided by majority of votes
97 Modification or cancellation of resolutions
98 Invitees of meetings of Panchayat
99 Administrative powers of Panchayats
100 Other functions of Panchayat
101 Power to compromise
102 Local inquiry and reports by village panchayat
103 Powers of panchayat to manage institutions or execute work transferred to it by taluka or district panchayat
104
131 Other functions of panchayat
132 Entrustment of work, etc. to taluka panchayat by district panchayat
133 Property of taluka panchayat
134 Taluka Fund
135 Application of taluka fund
136 Secretary, officers and servants of taluka panchayats
137 Powers and functions of Taluka Development Officer
138 Annual Budget estimates
139 Revised or supplementary budget and re-appropriation of fund
140 Except in emergency no sum to be expended unless it has been included in budget
141 Accounts of income and expenditure
142 Annual Administration report
143 Audit of accounts
144 Meetings of district panchayats
145 District Panchayat Committees, their constitution, powers, functions and duties
146 Removal of Chairman of Education Committee
147 Honorarium, etc. to Chairman, Education Committee
148 Honorarium, etc. to Chairman, Social Justice Committee
149 Travelling Allowance to members of a committee who are not members of district panchayat
150 Procedure in respect of meetings
151 Questions to be decided by majority of votes
152 Modification or cancellation of resolution
153 Invitees at meeting of district panchayats and its committees
154 Administrative Powers of Panchayats
155 Other functions of Panchayats
156 Powers of District Panchayat to undertake works, etc. on behalf of Government to give technical advice
157 Property of District Panchayat
158 District Fund
159 Application of District Fund
160 District Family Welfare Fund
161 Secretary and Officers and Servants of District Panchayat
162 Powers and Functions of District Development Officer
163
200 Levy of taxes and fees by village panchayats
201 Lump-sum contribution by factories in lieu of taxes levied by panchayat
202 Framing of fees on markets, etc.
203 Levy and Collection up to twenty five paise as cess on every rupee of land revenue
204 Power of taluka panchayat to increase taxation of panchayat
205 Recovery of cost of watch and ward
206 Taxes and fees which may be imposed by taluka panchayat and mode of collection thereof
207 Increase of stamp duty for a taluka panchayat
208 Taxes which may be imposed by a district panchayat
209 Increase of stamp duty for a district panchayat
210 Tax on professions, etc. levied by district panchayat to be collected by village panchayat
211 Default in payment by panchayat
212 Procedure of taluka and district panchayat preliminary to imposing tax
213 Procedure for abolishing or varying a tax
214 Publication of sanctioned rules with notice
215 Recovery of taxes and other dues
216 Penalty for evasion of octroi
217 District Development Officer’s power to direct irrecoverable sums to be written off
218 Provision by the State Government for making grants to panchayats
219 Extent of grants out of the average of three year’s collection of land revenue
220 State Equalisation Fund
221 District Equalisation Fund
222 District Gram Encouragement Fund
223 District Development Fund
224
225
226
227 Panchayat service rules
261 Effect of conversion of nagar panchayat into village panchayat
279 Transitional Provision
S.Chapter I PRELIMINARY
S.1 Short title, extent and commencement
S.2 Definitions
S.Chapter II ESTABLISHMENT OF PANCHAYATS OF DIFFERENT TIERS
S.3 Establishment of Panchayats of different tiers
S.4 Gram Sabha
S.5 Incorporation of Panchayats of different classes
S.6 Subordination of Panchayats amongst themselves and their powers, functions and duties
S.7 Recommendation of specification of village
S.8 Panchayat Organisation and the exercise of control over panchayats by State Government
S.Chapter II (B) Constitution of Panchayats and their duration
S.9 Constitution of Village Panchayats
S.10 Constitution of Taluka Panchayats
S.11 Constitution of District Panchayats
S.12 Location of headquarters of district or taluka panchayat
S.13 Duration of panchayats and their reconstitution
S.Chapter III ELECTION OF MEMBERS OF PANCHAYATS, ELECTION DISPUTES, ETC.
S.14 Definitions
S.15 Election
S.16 Electoral divisions
S.17 List of voters for every electoral division
S.18 Prepration of list of Voters
S.19 Persons qualified to be registered as voters
S.20 List of voters
S.21 Name of person not to be included in list of voters for more than one electoral division
S.22 Name of person not to be included in list of voters more than once
S.23 Period for which a list of voters shall remain in Operations
S.24 Staff of Panchayat to be made available
S.25 Jurisdiction of civil courts barred
S.26 Making false declaration
S.27 Breach of official duty in connection with the preparation, etc. of list of voters
S.28 Person qualified to vote and be elected
S.29 Restriction on simultaneous or double membership
S.30 Disqualification
S.31 Determination of validity of election, inquitry by judge and procedure
S.32 Disability from continuing as members
S.33 Fresh election if election is invalid
S.34 Power of State Election Commission to require services of panchayat staff for election
S.34A Obligation to vote
S.34B Declaration of a voter to be a defaulter voter
S.34C Valid and sufficient reasons for not voting
S.34D Notice
S.34E Appeal
S.35 Prohibition of canvassing in or near polling station
S.36 Penalty for disorderly conduct in or near polling station
S.37 Penalty for misconduct at polling station
S.38 Maintenance of secrecy of voting
S.39 Officers, etc. at elections not to act for candidates or influence voting
S.40 Breaches of official duty in connection with elections
S.41 Removal of ballot papers from polling station to be offence
S.42 Other offences and penalties therefor
S.43 Prosecution in certain offences
S.REQUISITIONING OF PREMISES FOR THE PURPOSES OF ELECTION REQUISITIONING OF PREMISES FOR THE PURPOSES OF ELECTION
S.44 Requisitioning of premises, vehicles, etc. for election purposes
S.45 Payment of compensation
S.46 Power to obtain information
S.47 Power of entry into and inspection of premises, etc.
S.48 Eviction from requisitioned premises
S.49 Release of premises from requisition
S.50 Penalty for contravention of any order regarding requisition
S.Chapter IV PROVISIONS RELATING TO PRESIDING OFFICERS OF PANCHAYATS AND MEMBER OF PANCHAYATS
S.Part I VILLAGE PANCHAYATS
S.51 First meeting of panchayat and election of Upa-Sarpanch
S.52 Duty of retiring Sarpanch, etc. to handover charge of office
S.53 Term of office of members of village panchayats and of Sarpanch, etc. thereof
S.54 Resignation of members, Sarpanch or Upa-Sarpanch
S.55 Executive functions of Sarpanch or Upa-Sarpanch
S.56 Motion of no confidence
S.57 Removal from office
S.58 Leave of absence
S.59 Suspension of Sarpanch or Upa-Sarpanch
S.60 Eligibility of certain members for re-election
S.61 Filling up of vacancies
S.62 Acts and proceedings of panchayat and committee not vitiated by disqualification, etc. of members thereof
S.Part II TALUKA PANCHAYATS
S.63 First meeting of panchayat and election of President and Vice-President
S.64 Duty of retiring President, etc. to handover charge of office
S.65 Honorarium, allowances, etc. to President and Vice-President and travelling allowances to members
S.66 Payment of honorarium to President during leave or absence
S.67 Term of office of members, President and Vice-President
S.68 Resignation
S.69 Powers and functions of President and Vice-President
S.70 Motion of no confidence
S.71 Removal from office
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