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 :-
Read full Act(1) A taluka panchayat shall consist of elected members as provided in sub-section (4).
(2) The elected members of a taluka panchayat shall be elected from amongst the qualified voters of the taluka.
(3) A taluka panchayat shall have a President and Vice-President elected by its elected members from amongst themselves.
(4) A talukapanchayat of a taluka having population not exceeding one lakh shall consist of *[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 *[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 a
(1) Any person who during the hour fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by an polling officer on duty or by any person authorised in this behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station 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.
(1) Where an election is held by ballot, every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an 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.
(1) No person who is a returning officer, or a presiding or polling officer at an election or an officer or clerk appointed by the returning officer or the presiding officer to perfom any duty in connection with an election shall in the conduct of the management of the election do any act (other than the giving of his vote) for the furtherance of the prospects of the elections of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavour-
(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.
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to two thousand rupees.
(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.
(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.
(1) Any persons who, at any election, fraudulently takes or attempts to take a ballot paper out of a polling station or wilfully aids or abets the doing of any such act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.
(2) Ifthe 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, o
(1) Aperson shall be guilty of an offence, if, at any election he--
(2) Any pe
No court shall take cognizance of an offence punishable under section 39 or under section 40 or under clause (a) of sub-section (2) of section 42 except on a complaint made by an order of, or under authority from the State Election Commission.
(1) If it appears to an official authorised by the State Government in this behalf (for condut of elections under this Act) (hereinafter referred to as “the requistioning authority”) that in connection with an election under this Act-
(1) Whenever in pursuance of section 44 the requisitioning authority requisitions any premises, the panchayat shall pay to the persons interested compensation the acount of which shall be determined by the requisitioning authority by taking into consideration the following factors that is to say-
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 ap
The requisitioning authority may, with a view to requisitioning any property under section 44 or determining the compensation payable under section 45 by order, 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.
(1) Any person authorised in this behalf by the requisitioning authority may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so, in what manner, an order under section 44 should be made in relation to such premises, vehicles, vessel or animal, or with a view to 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.
(1) Any person remaining in possession of any requisitioned premises in contravention of an order made under section 44 may be summarily evicted from the 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.
(1) When any premises requisitioned under section 44 are to be released from requisition, the possession thereof shall be dedivered to the person from whom possession was taken at the time when the premises were requisitioned or if there were no such person, to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning 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.
(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
If any person contravenes any order made under section 44 or section 46, he shall on conviction, be punished with imprisonment for a term which may extend to one year or with fine, or with both.
(1) On the constitution of village panchayat or on its reconstitution under section 13 or under any other provision of this Act, there shall be called the first meeting thereof for the election of Upa-Srupanch from amongst the members of the 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) As nearly as may be one-half of the
(1) On the election of a new Sarpanch or Upa-Sarpanch it shall be the duty of the retiring Sarpanch or, as the case may be, Upa-Sarpanch, to hand over to him charge of his Office and deliver to him the record and property belonging to the panchayat and in his charge of custody.
(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.
Save as otherwise provided in this Act, the term of office of-
shall be co-extensive with the duration of the panchayat.
(1) (a)The Sarpanch may resign from his office by tendering his resignation in writing to the Competent authority but the resignation shall not take effect 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
(1) Save as otherwise expressly provided by or under this Act, the executive functions of power, for the purpose of carrying out the provisions of this Act and the resolutions passed 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.
(2) Without prejudice to the generality of the foregoing provision:-
(1) Any member who intends to move a motion of no confidence against the 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 motio
(1) The competent authority may remove from office any member of the 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 memb
(1) Any member of a village panchayat who during his term of office-
(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 membe
(1) The District Development Officer may suspend from office the Sarpanch or the Upa-Sarpanch of a village panchayat against whom any criminal proceedings in respect 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.
(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-sect
A member ofa village panchayat whose office has become vacant under section 32 or under section 58 shall, if his disqualification or disability has ceased, be eligible for re-election.
(1) Any vacancy in the office of a Sarpanch, or Upa-Sarpanch, or 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 twelve months preceding the date on which the duration of the panchayat expires under section 13, it shall not be filled:
Provided, however, that vacancy in the office of a menber, 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 for re-constituting the panchayat immediately after coming into force of the Gujarat Local Authorities Laws (Amendment) Act, 2015.
(2) The meeting for the el
(1) No disqualification of or defect in the election of any person acting as a member, Sarpanch, or Upa-Sarpanch or Chairman or member of a committee constituted under this Act or defect in the appointment of a presiding authority of the fttst general meeting shall be deemed to vitiate any act or preceding of the panchayat or of any such committee as the case may be, in which the person has taken part wherever the majority of persons parties to such act or proceeding were entitled to act.
(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 t
(1) On the constitution of a taluka panchayat or on its reconstitution under section 13 or under any other provisions of this Act there shall be called the first meeting thereof for the election of its President and Vice-President from amongst its elected members.
(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) As nearly as m
(1) On the election ofa new President or Vice-President, it shall be the duty of the retiring resident or, as the case may be, Vice-President to hand over to him charge of his office and deliver to him the record and property belonging to the panchayat and in his custody.
(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.
(1) Subject to the provisions of this Act, the taluka panchayat shall pay to its President an honorarium at such rate as may be prescribed.
(2)(a) The President shall be entitled without payment of rent, to the use of a residence, in the headquarters of the panchayat or with the previous sanction of the State Goverment at any other place in the taluka throughout his term of office and for at period of fifteen days immediately there after, or in lieu of such residence, 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 publ
(1) Subject to the provisions of sub-section (2), where the President of a taluka panchayat remains absent or is on leave for a continuous period exceeding fifteen days, he shall not be entitled to any honorarium under sub section (1) of section 65 for such period.
(2) Where the President remains absent on ground of illness duly certified by such medical authority as the State Government may by general or 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.
(1) Save as otherwise provided in the Act, the term of office of members of a Taluka Panchayat shall be co-extensive with the duration of the Panchayat.
(2) The term of office of the President and the Vice-President of a Taluka Panchayat, save as otherwise provided in this Act, shall be two and a half years.
(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
(1) The President may resign from his office by tendering his Resignation in writing to the competent authority but the Resignation shall not take effect until it is accepted by the competent authority.
(2) The Vice-President may resign from his office by tendering his resignation in writing to the panchayat but the resignation shall not take effect untill it is accepted by the panchayat.
(3) Any other member of the panchayat may resign by tendering his resignation to the President and the resignation shall take effect on the date on which it is received by the President.
(4) Ifany 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.
(1) (a) The President shall-
(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 pub
(1) Any member who intends to move a motion of no confidence against the 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 meet
(1) The competent authority may remove from office any member of a panchayat 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
(1) Any member other than an associate member of a panchayat who during his term of office:-
(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
(1) The competent authority may suspend from office any President or Vice-President against who any criminal proceedings in respect of an offence involving moral turpitude have been instituted, or who has been detained in a prison during trial any offence or who is undergoing such sentence of imprisonment as would not disqualify him from continuing as a member of the panchayat under section 30 or who has been detained under any law relating to preventive detention for the time being in force.
(2) Where any President or Vice-President has been suspended under sub-section (1) another member shall, subject to the conditions to which the election of the President or, as the case may be, Vice-President so suspended was subject, be elected to perform all the duties and exercise all the powers of a President or a Vice-President during the period for which such suspension continues.
(3) An appeal shall lie against an order passed under sub-section (1) to the State Government.
A member of a panchayat whose office has become vacant under section 32 or under section 72, shall, if his disqualification or disability has ceased, be eligible for re-election.
(1) Any vacancy in the office of a President, Vice-President or a 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 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 twelve months preceding the date on which the duration of the panchayat expires under section 13, it shall not be filled: 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 for re-constituting the panchayat immediately after coming into force of the Gujarat Local Authorities Laws (Amendment) Act, 2015.
(2) The meeting for the election of a President
(1) No disqualification of or defect in the election of any person acting as a member, President or Vice-President or Chairman or member of a committee constituted under this Act or defect in appointment of presiding authority to the first general meeting shall be deemed to vitiate any act or proceeding of the panchayat or of any such committee, as the case may be, in which the person has taken part, wherever the majority of persons, parties to such act or proceeding, were entitled to act.
(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
(1) On the constitution of a district panchayat or on its reconstitution under section 13 or under any other provisions of this Act there shall be called the first meeting thereof for the election of its President and the Vice President from amongst its elected members.
(2)
(1) On the election of a new President or Vice-President it shall be the duty of the retiring President or, as the case may be, Vice-President to hand over to him charge of his office and to deliver to him the record and property belonging to the panchayat and in his custody.
(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) Subject to the provisions of this Act, the district panchayat shall pay to its President an honorarium at such rate as may be prescribed.
(2)
(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 allowan
(1) subject to the provisions of sub-section (2), where the President of a district panchayat remains absent or is on leave for a continuous period exceeding fifteen days, he shall not be entitled to any honorarium under sub-section (1) of section 79 of for such period.
(2) Where the president remains absent on ground of illness duly certified by such medical authority as the State Government may by general or special order specify, the President shall be entitled to an honorarium under sub-section (1) of section 79 during the period of such absence in so far as such period does not exceed ninety days during any year.
(3) Nothing in sub-section (7) shall apply to the absence of the President on account of his touring on public business.
(1) Save as otherwise provided in the Act, the term of office of the members of a District Panchayat shall be co-extensive with the duration of the Panchayat.
(2) The term of office of the President and the Vice-President of a District Panchayat, save as otherwise provided in this Act, shall be two and a half years.
(3) There shall be called a meeting of the elected members of the District Panchyat by the competent authority within thirty days before the expiry of the said 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-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
(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.
(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.
(1)
(1) Any member who intends to move a motion of no confidence against the President or Vice-President may give 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 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 (
(1) The competent authority may remove from office any member of a panchayat 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 ce
(1) Any member of a panchayat who, during his term of office-
(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-Presiden
(1) The competent authority may suspend from office any President or Vice- President or Chairman of Committee against whom any criminal proceedings in respect 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.
(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 app
A member of a panchayat whose office has become vacant under section 32 or under section 86 shall, if his disqualification or disability has ceased, be eligible for re-election.
(1) Any vacancy in the office of a President, Vice-President or 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 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 twelve months preceding the date on which the duration of the panchayat expires under section 13, it shall not be filled: Provided, however, that vacancy in the office of a 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 for re-constituting the panchayat immediately after coming into force of the Gujarat Local Authorities Laws (Amendment) Act, 2015.
(2) The meeting for the election of a President or
(1) No disqualification of or defect in the election of any person acting as a member, President or Vice-President or Chairman or member of a committee constituted under this Act, or in the appointment of a presiding authority of the first general meeting, shall be deemed to vitiate any act or proceeding of the panchayat or of any such committee, as the case may be, in which the person has taken part, wherever the majority of person, party to such act or proceedings were entitled to act.
(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
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: 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.
(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 t a panchayat may assign to it.
(2) The Executive Committee shall consist of five members to be elected by t wers, . functions and Panchayat from amongst its members, out of whom one shall belong to a Scheduled Cast 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 t 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 t previous approval of the State Government constitute one or more commi
(1) There shall be held at least two ordinary meetings of the gram sabha every year 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
(1) The first meeting of the gram sabha in every year shall be held within two months from the commencement of that year, and the village panchayat shall place 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.
Save as provided in this Act, the time and place of a meeting of a panchayat or a committee thereof, the quorum for such meeting, the procedure for calling such meeting and the procedure at such meeting, shall be such as may be prescribed.
All questions before a meeting of a panchayat or committee thereof or of a gram sabha shall be decided by a majority of votes of the members present and unless otherwise 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.
No resolution of a panchayat shall be modified, amended, varied or cancelled by a panchayat within a period of three months from the date of the passing thereof, except by a resolution supported by two-thirds of the whole number of members of such panchayat.
(1) Notwithstanding anything contained in this Act, it shall be lawful for a village panchayat to invite at its meeting not more than two persons who are not related to any of the members or the Sarpanch, as the case may be, of the village panchayat. 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.
Subject to the provisions of this Act it shall be the duty of each panchayat to make in 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.
(1) A panchayat may with the previous sanction of the district panchayat, incur expenditure on education or medical relief outside its jurisdiction if its finances permit.
(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,—
(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 spir
(1) A village 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.
(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.
It shall be the duty of every village panchayat to enquire and report in any of the following cases, namely:—
Provided that no member of the village panchayat shall be required to attend as
In the case of any institution managed by a taluka panchayat or district panchayat, or of any work to be, done out of the fund of a taluka panchayat or district panchayat, the taluka panchayat or, as the case may be, the district panchayat may, if the village panchayat so agrees entrust to the village panchayat, the management of such institutions or the execution of such work: Provided that in every such case, the fund necessary for such management or execution shall be placed at the disposal of the panchayat by the taluka panchayat, or district panchayat.
(1)
(1) A taluka panchayat may, with the previous sanction of the district panchayat, incur expenditure on education or medical relief outside its jurisdiction, if its finances 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:
(4) A taluka panchayat may, by resolution passed at its meeting and supported by two-thirds of the whole number of members, make provision for any public reception, ceremony or entertainment within the taluka or may make contribution towards an annual gathering or such other gathering of panchay
In the case of any institution managed by a district panchayat or of any work to be done out of the fund of a district panchayat, the district panchayat may, if the taluka panchayat so agrees, entrust to the taluka panchayat the management of such institution or the execution of such work.
(1) In addition to the movable or immovable property acquired by a taluka panchayat, the following shall vest in the taluka panchayat, namely:-
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
(1) There shall be in each taluka fund which shall be called a taluka fund.
(2) The following shall be paid into form part of the taluka fund, namely: -
(1) All property vested in taluka panchayat under this Act, and all funds received by it in accordance with the provisions of this Act and sums accruing to it under provisions of any law for the time being in force, shall be applied subject to the provisions and for the purposes of this Act and all such sums and funds shall be kept in such custody as may be prescribed.
(2) Any surplus funds in the hands of a panchayat which may not be required for current charges, may be invested in such manner as may be prescribed.
(3) In the case of any loan taken by a panchayat, the payment of the principal or instalment thereof and the payment of the interest thereon shall be a first charge on its fund.
(1) Subject to the provisions of this Act and the rules made thereunder-
(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.
(1) Save as otherwise expressly provided by or under this Act, the executive power of a taluka panchayat for the purpose of carrying out the provisions of this Act, shall vest in the Taluka Development Officer who shall subject to the orders, if any, of the President or of the taluka panchayat, as the case may be-
(2) Subject to the provisions of this Act and the rules made thereunder the Taluka Development Officer shall-
(1) Every taluka panchayat shall have prepared annually on or before the 15th December of the current year or such date not later than 31st December of the current 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—
Provided that the budget estimate shall be so prepared that at the end of the year the panchayat shall have at its credit a balance of not less than such minimum amount as may be prescribed in that behalf.
(2) The district panchayat shall scrutinise the budget est
(1) A taluka panchayat may, at any time during the year for which any budget estimate has been approved cause a revised or supplementary budget estimate to be prepared. Every such revised or supplementary budget shall be considered and approved by the panchayat in the same manner as if it were an original 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.
(1) Save in the case of a pressing emergency no sum shall be expended by or on behalf of a taluka panchayat unless such sum is included in some budget estimate approved under section 138 or 139 and in force at the time of incurring the expenditure.
(2) If on a pressing emergency any sum is expended otherwise than in 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.
Accounts of the income and expenditure of every panchayat shall be kept in such form and manner as may be prescribed and shall be balanced annually on the 1st day of every year.
(1) The Secretary of every panchayat shall prepare the annual report of the 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 through the district panchayat on or before such date and in such form as may be prescribed.
(1) The Gujarat Local Fund Audit Act, 1963 shall apply to the auditing of the accounts of taluka panchayats.
(2) Notwithstanding anything contained in sub-section (1), the State Government shall entrust the Comptroller and Auditor General of India the technical guidance and supervision over the audit of the taluka panchayat.
(3) The State Government shall cause the audit report under the Gujarat Local Fund Audit Act, 1963 referred to in sub-section (1) alongwith the report 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.
The meeting of a district panchayats shall be held normally every three months:
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.
(1) A district panchayat shall constitute the following committees, namely:-
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.
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
(1) any member of the Education Committee who intends to move a motion of no confidence against the Chairman of Education Committee, may give a notice thereof in the prescribed form to the 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 or 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
(1) The Chairman of the Education Committee of a District Panchayat shall be entitled—
(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 b
(1) The Chairman of the Social Justice Committee of a District Panchayat shall be entitled-
(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 pre
The member of any committee of a district panchayat constituted under section 145, who are not members of such panchayats, shall be entitled to travelling allowance while touring for the purpose of attending a meeting of the committee or any business relating to the committee at such rates and subject to such conditions as may be determined by rules made either prospectively or retrospectively.
Save as provided in this Act, the time and place of a meeting of a district panchayat or committee thereof, the quorum for such meeting, the procedure for calling meeting and the procedure at such meeting shall be such as may be prescribed.
All questions before a meeting of a district panchayat or committee thereof shall be decided by a majority of votes of the members present and unless otherwise 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.
No resolution of a district panchayat shall be modified, amended, varied or 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.
(1) Notwithstanding anything contained in this Act, it shall be lawful for a district panchayat or any of its committees to invite at its meeting not more than five experts or specialists in the subject matter under consideration at the meeting, out of persons who, in the opinion of such panchayat or, as the case may be, committee—
(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.
Subject to the provisions of this Act, it shall be the duty of each district panchayat to make in the area within its jurisdiction and so far as the fund at its disposal will allow, reasonable provision in regard to all or any of the matters specified in Schedule III.
(1) A district panchayat may, with the previous sanction of the State Government incur expenditure on education or medical relief outside its jurisdiction, if its finances permit.
(2) A district panchayat may also make provision for carrying out in the area within the limits of its jurisdiction, any other work or measure which is likely to promote-
(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 am
(1) It shall be lawful for a district panchayat to undertake upon such terms and conditions as may be agreed upon, the construction, maintenance or repair of any work or the management of any institution on behalf of Government, any local authority, any Corporation incorporated under any law for the time being in force and owned or controlled by Government or the Court of Wards.
(2) It shall be lawful for a district panchayat to give, on such terms and conditions as may be agreed upon, technical advice and guidance to a local authority in respect of the construction of any work undertaken by such local authority.
(1) In addition to the movable or immovable property acquired by a district panchayat, the following shall vest in the district panchayat, namely:-
Provided that any land or property transferred to a district 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 and c
(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:-
(1) All property vested in a district panchayat under this Act, and all funds 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 paym
(1) Notwithstanding anything contained in sections 158 and 159, in each district, there shall be established by the district panchayat a fund to be called the District Family Welfare Fund which shall consist of—
(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.
(1) Subject to the provisions of this Act and the rules made thereunder-
(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.
(1) Save as otherwise expressly provided by or under this Act, the executive powers of a district panchayat for the purpose of carrying out the provisions of this Act, shall vest in the District Development Officer who shall subject to the orders, if any, of the President or of the district panchayat, as the case may be—
(2) Subject to the provisions of this Act and the rules made thereunder the District Development Officer shall—
(1) Every district panchayat shall have prepared annually on or before the 15 February of the current year or such date not later than the month of February of the current year as may be approved by the competent authority, in such form and manner as may be prescribed in this behalf, a budget estimate of its income and expenditure for the next year: 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
(1) Subject to any general or special order (including an order fixing the minimum and maximum rates of a tax or fee) which the State Government may make in this behalf, it shall be competent to a village panchayat to levy all or any of the following taxes and fee at such rates as may be decided by it and in such manner and subject to such exemptions as may be prescribed, namely:-
(1) Subject to any rules that may be made under this Act, and regard being had to the fact that a factory itself provides in the factory area all or any of the amenities which such panchayat provides, village any factory with the sanction of the State Government to receive a lump-sum contribution in lieu of all or any of the taxes levied by the panchayat.
(2) Where no such agreement as is referred to in sub-section (1) can be reached, the matter may be referred to the State Government in the manner prescribed and the State Government, may after giving to the panchayat and the factory concerned an opportunity of being heard decide the amount of such contribution. The decision of the State Government shall be binding on the panchayat and the factory concerned.
(3) In the case of any matter referred to the State Government under sub-section (2), the State Government may, subject to such condition as it may think fit to impose having regard to the circumstances of the case
(1) It shall be lawful for a village panchayat to lease by public auction or private contract the collecting of any fees levied by it on markets and weekly bazars '[* * *]: Provided that the lessee shall give security for the due fulfilment of the conditions of the lease.
(2) All sum payable under the terms and conditions of the lease, if not paid, shall be recoverable as arrears of land revenue.
(3) The lessee and every person employed by the lessee to assist him in the collection of the fees *[* * *] 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 7[* * *] 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.
(1) A village panchayat may by resolution passed by its meeting, apply to levy a cess at the rate not exceeding twenty-five paise, according to its needs and capacity, on every rupee of every sum payable to the State Government as land revenue, and on which a cess is leviable under clauses (a), (b) and (c) of sub-section (1) of section 191 and thereupon the State Government shall (in addition to any cess leviable under section 191) levy and collect such cess in the area within the jurisdiction of such panchayat.
(2) Where a village panchayat undertakes for the benefit of the community any special work or project so as to complete it within a specified period and for that purpose an additional provision of funds is necessary, the panchayat may by resolution passed at its meeting and with the previous permission of the district panchayat apply, to the State Government to increase the rate of cess levied in accordance with sub-section (1) to such extent and for such period as ma
(1) If the income of a village panchayat falls below what in the opinion of a taluka panchayat is necessary for the proper discharge of the duties specified in Schedule I, the taluka panchayat may after having given such panchayat an opportunity of being heard, require it to take steps within six months, to increase its income to such extent as the 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 pa
If under clause (a) of item 4 of Schedule 1, a village panchayat incurs any 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.
(1) Subject to any general or special orders which the State Government may make in this behalf, every taluka panchayat may after observing the preliminary procedure required by section 212 impose an education cess and any of taxes and fees which are leviable by a village panchayat under section 200: Provided that the rate of tax or fee leviable by a taluka panchayat in respect of any matter within the limits of any village shall not exceed 15 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 15 per cent of the prescribed maximum rate of tax or fee in respect of the same matter: Provided further that—
(1) A taluka panchayat may, by resolution passed at its meeting, apply to the State Government for increasing the rate of stamp duty leviable under the Bombay Stamp Act, 1958 on instruments of sale, mortgage, lease or any other kind of transfer of immovable property situated within the limits of the taluka, to such extent as not exceed 15 per cent. of the rate of duty so leviable and specified in the resolution.
(2) Notwithstanding anything contained in the Bombay Stamp Act, 1958 on receipt of an application under sub-section (1) the State Government shall by notification published in the Official Gazette, direct that the rate of stamp duty on the class of instruments specified in the notification and affecting the immovable property situated within the taluka shall be increased to the extent specified in the notification with effect from the date specified in the notification and thereupon, the rate of stamp duty shall stand increased accordingly.
(3) For the purpose
Subject to any general or special orders which the State Government may make in this behalf, every district panchayat may, after observing the preliminary procedure required by section 212 impose any of the taxes and fees which are leviable by a village 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—
(1) A district panchayat may, by resolution passed at its meeting apply to the State Government, for increasing the rate of stamp duty leviable under the Bombay Stamp Act, 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 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 th
Where in exercise of the powers given by this Act, a district panchayat imposes any tax or fee then notwithstanding anything in this Act or any other law for the time being in force, in any area within the jurisdiction of a village panchayat-
(1) If any panchayat makes default in the payment of any sum due in respect of a tax on professions, trades, callings and employments, or any other tax or fee within the time 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 discha
(1) A taluka panchayat or, as the case may be, a district panchayat shall, before imposing a tax or fee, by resolution passed at a meeting of the panchayat-
(2) When such a resolution has been passed, the panchayat shall publish the rules with a notice in the prescribed fo
(1) The panchayat may, at a special meeting, pass a resolution to propose the 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.
All rules sanctioned under section 212 shall be published in the prescribed manner by the taluka panchayat in the taluka and by district panchayat in the district for which they 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-
(1) When any tax or fee or any other sum has become due, a panchayat shall with the least practicable delay, cause to be presented to the person liable for the payment thereof a bill for the amount due from him, specifying the date on or before which the amount shall be paid.
(2) If any person fails to pay any tax or fee or any other sum due from him to a panchayat under this Act or the rules on or before the specified date of payment, he shall pay to the panchayat by way of penalty in addition to the tax, fee or sum, as the case may be, an amount equal to one per cent. of the amount of the tax or fee or sum, as the case may 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-sectio
[Penalty for evasion of octroi] was deleted by Guj. 12 of 2001, s.5.
The District Development Officer may direct any sum certified by a panchayat as recoverable as an arrear of land revenue to be written off, if in his opinion the sum is irrecoverable: Provided that no sum exceeding five hundred rupees shall be written off except with the previous sanction of the State Government.
The State Government shall, having regard to the recommendations, if any, of the Finance Commission, in each year after due appropriation made by the State Legislature by law in this behalf make provision for making grants to the panchayats in accordance with this Chapter.
(1) For the purposes of section 218, the State Government shall in each year determine a sum which shall be equal to the average of the land revenue collected or recovered during the three preceding revenue years in the State.
(2) Out of the sum determined under sub-section (1) an amount equal to-
(1) There shall be established by the State Government a fund to be called the State Equalisation Fund, which shall consist of the payments made into it under clause (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 (1) 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.
(1) In each district, there shall be established by the district panchayat, a fund to be called the District Equalisation Fund consisting of the payments made into it under 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.
(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.
(1) In each district, there shall be established by the district panchayat a fund to be called the District Village Encouragement Fund which shall consist of the payments made into it under sub-clause (b) of clause (ii) of sub-section (3) of section 219 and which shall be utilised by the district panchayat for making incentive grants to village panchayats to encourage them to raise their income by levying taxes and fees leviable by them under this Act.
(2) The fund established under sub-section (1), shall be non-lapsable and shall be invested in the prescribed manner.
(1) In each district, there shall be established a fund to be called the District Development Fund which shall consist of the contributions made by the village panchayats 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.
The State Government shall, after due appropriation made by the State Legislature by law in this behalf, pay to every district panchayat an amount equal to two per cent. of the forest revenue collected in the revenue year immediately preceding within the limits of the district.
Where any village is situate in a forest area and is not assessed under the Land Revenue Code then the State Government shall, in lieu of a grant of land revenue under section 219, pay to the village panchayat of the village, in each year such amount out of the forest revenue of the village collected in the revenue year immediately preceding, as it may fix but the amount so fixed shall not be-
(1) In this section, the Commission means the Finance Commission constituted by the Governor pursuant to clause (1) of article 243-I of the Constitution;
(2) The Commission shall consist of such number of members not exceeding five including the Chairman as may be determined by the State Government;
(3) The Chairman of the Commission shall be selected from amongst persons who have had experience in public affairs and the other members shall be selected from among persons who-
(1) For the purpose of bringing about uniform scales of pay and uniform conditions of service for persons employed in the discharge of functions and duties of panchayats, 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
(1) Where any local area is declared to be a village under clause (g) of article 243 of the Constitution and, immediately before such declaration, the local area was co-extensive with the limits of a municipal borough or included an area comprising a municipal borough as well as any other area, then with effect from the date on which such local area 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—
Where the term of a panchayat constituted under the Gujarat panchayats Act, 1961 expires within one year from the commencemen of
(1) This Act may be called the Gujarat Panchayats Act, 1993.
(2) It extends to the whole of the State of Gujarat.
(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.
In this Act, unless the context otherwise requires—
Explanation :- For the purposes of this claus
For the purposes of this Act, there shall be in each district—
There shall be a gram sabha for a village for performing such functions as are provided by or under this Act.
(1) A village panchayat shall be a body corporate by the name of “The .................................. Village Panchayat”.
(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
(1) A village panchayat, subject to the authority of the taluka panchayat and the district panchayat, have authority for the purposes of this Act over the area for which it is constituted.
(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-
(1) After making such inquiries as may be prescribed, the competent authority may recommend any local area comprising a revenue village, or a 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 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.
(1) The village panchayats, taluka panchayats, district panchayats and gram sabhas shall constitute the Panchayat Organisation of the State of Gujarat.
(2) The State Government shall exercise its control over the panchayats either directly or through such officer or officers as it may, by general or, special order appoint for the purpose.
(1) A village panchayat shall consist of such number of members as provided in sub-section (4).
(2) The members of a village panchayat shall be elected from amongst the qualified voters of the village.
(3) (a) A village Panchayat shall have a Sarpanch and an Upa-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 eight members and in case of a village panchaya* where the population of the village exceeds three thousand, than for every three thousand or part thereof in excess of three thousand, the said number of eight shall be increased by two:
Provided that the amendment made in this sub-section by the Gujarat Local Authorities Laws (Amendment) Act, 2014 shall not have effec
(1) A taluka panchayat shall consist of elected members as provided in sub-section (4).
(2) The elected members of a taluka panchayat shall be elected from amongst the qualified voters of the taluka.
(3) A taluka panchayat shall have a President and Vice-President elected by its elected members from amongst themselves.
(4) A talukapanchayat of a taluka having population not exceeding one lakh shall consist of 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 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
(1) A district panchayat shall consist of elected member as provided in sub-section (4).
(2) The elected members of a district panchayat shall be elected from among the qualified voters of the district.
(3) A district panchayat shall have a President and a Vice-President elected by its elected members from amongst themselves.
(4) A district panchayat of a district having population not exceeding four lakhs shall consist of 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 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 pa
(1) The headquarters of a district panchayat and a taluka panchayat shall be located at such place in the district or, as the case may be, taluka as the State Government may by order in writing direct.
(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.
(1) Every panchayat, unless sooner dissolved under this Act shall continue for five years from the date apointed for its first meeting and no longer.
(2) An election to consititute a panchayat shall be completed-
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.
In this Chapter, unless the context otherwise requires,-
(1) The election of members to a panchayat shall be held on such date as State Election Commission may appoint in that behalf:
provided that—
(1) For the purposes of elections of members to a village panchayat, a 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 memb
For every electoral division, there shall be a list of voters which shall be prepared and maintained in accordance with the provisions of sections 18 to 22 under the superintendence, direction and control of the State Election Commission.
At any time not later than two months before 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 as the State Election Commission may after consulting the State Government determine there shall be prepared for the purpose of the general election of members for constituting or, as the case may be, reconstituting such panchayat, a list of voters for every electoral division in respect of such panchayat as determined under section 16 and in force at the time when such list is prepared.
Every person who is entitled to be registered in the relevant part of the electoral roll of the Gujarat Legislative Assembly under the Central Act shall be entitled to be registered as a voter in the list of voters for the electoral division, to be prepared under secton l8.
(1) The electoral roll of the Gujarat Legislative Assembly prepared under the 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 As
No person shall be entitled to have his name included in the list of voters for more than one electoral division of the same panchayat.
No person shall be entitled to have his name included in the list of voters for any electoral division more than once.
The list of voters for any electoral division which has been published and has come into operation under sub-section (7) of section 20 shall, subject to any revision made under the proviso to this section, remain in operation until a new list of voters for that electoral division is prepared, published and comes into operation:
Provided that the State Election Commission may, after consulting the State Government for reasons to be recorded in writing, direct that such list for any electoral division may be revised in the prescribed manner by reference to the qualifying date, before any bye-election is held to fill a casual vacancy in a seat allotted to that electoral division.
Every panchayat shall make available to the State Election Commission such staff as it may require for the performance of any duties in connection with the preparation and revision of a list of voters for an electoral division and conduct of elections in respect of that panchayat.
No civil court shall have jurisdiction—
If any person makes in connection with—
(1) If any Government servant, panchayat servant or any other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of a list of voters or the inclusion of any entry in or from that list, is without reasonable cause, act or omission involving breach of such official duty, he shall be 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.
(1) Every person whose name is in the list of voters shall, unless disqualified under this Act or any other law for the time being in force, be qualified to vote at the election of 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.
(1) No person shall, save as expressly authorised by this Act, be a member of two or more panchayats.
(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 oth
(1) No person shall be a member of a panchayat or continue as such who-
(1) If the validity of any election of a member of a panchayat is brought in question by any person contesting the election or by any person qualified to vote at the election to which such question relates, such person may, at any time within fifteen days after the date of the declaration of the results of the election, present an election petition to the Civil Judge (Junior Division), and if there be no Civil Judge (Junior Division) then to 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:-
(1) If any member of a panchayat,
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 pas
If the election of any member is set aside under section 31 or if his office becomes vacant under section 32 a fresh election for the vacancy so caused shall, as soon as may be, be held in accordance with the provisions of this Act.
Every panchayat shall make available to the State Election Commission such members of its staff as such Commission may require for the performance of any duties in connection with an election and every such member shall carry out such directions as may be issued to him by such Commission or any competent officer in relation to such election.
(1) It shall be the duty of a qualified voter of the Panchayats to vote at the election of the Panchayat, however, he will be free to cast his vote in favour of none of the 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) The election officer, as may be designated by the State Election Commission, may declare the voter to be the defaulter voter who failed 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.
A qualified voter shall be exempted to vote at the election of the Panchayat-
(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.
(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.
(1) No person shall, on the date or dates on which a poll is taken in any polling station, commit any of the following acts within the polling station, or in any public or private place within a distance of one hundred meters of the polling station, namely:
(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.
(1) No person shall, on the date or dates on which a poll is taken at any 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 an
(1) Any person who during the hour fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by an polling officer on duty or by any person authorised in this behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station 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.
(1) Where an election is held by ballot, every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an 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.
(1) No person who is a returning officer, or a presiding or polling officer at an election or an officer or clerk appointed by the returning officer or the presiding officer to perfom any duty in connection with an election shall in the conduct of the management of the election do any act (other than the giving of his vote) for the furtherance of the prospects of the elections of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavour-
(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.
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to two thousand rupees.
(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.
(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.
(1) Any persons who, at any election, fraudulently takes or attempts to take a ballot paper out of a polling station or wilfully aids or abets the doing of any such act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or 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,
(1) A person shall be guilty of an offence, if, at any election he--
(2) Any
No court shall take cognizance of an offence punishable under section 39 or under section 40 or under clause (a) of sub-section (2) of section 42 except on a complaint made by an order of, or under authority from the State Election Commission.
(1) If it appears to an official authorised by the State Government in this behalf (for condut of elections under this Act) (hereinafter referred to as “the requistioning authority”) that in connection with an election under this Act-
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 expedi
(1) Whenever in pursuance of section 44 the requisitioning authority requisitions any premises, the panchayat shall pay to the persons interested compensation the açount of which shall be determined by the requisitioning authority by taking into consideration the following factors that is to say-
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 a
The requisitioning authority may, with a view to requisitioning any property under section 44 or determining the compensation payable under section 45 by order, 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.
(1) Any person authorised in this behalf by the requisitioning authority may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so, in what manner, an order under section 44 should be made in relation to such premises, vehicles, vessel or animal, or with a view to 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.
(1) Any person remaining in possession of any requisitioned premises in contravention of an order made under section 44 may be summarily evicted from the 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.
(1) When any premises requisitioned under section 44 are to be released from requisition, the possession thereof shall be dedivered to the person from whom possession was taken at the time when the premises were requisitioned or if there were no such person, to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning 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.
(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
If any person contravenes any order made under section 44 or section 46, he shall on conviction, be punished with imprisonment for a term which may extend to one year or with fine, or with both.
(1) On the constitution of village panchayat or on its reconstitution under section 13 or under any other provision of this Act, there shall be called the first meeting thereof for the election of Upa-Srupanch from amongst the members of the 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) As nearly as may be one-half of th
(1) On the election of a new Sarpanch or Upa-Sarpanch it shall be the duty of the retiring Sarpanch or, as the case may be, Upa-Sarpanch, to hand over to him charge of his office and deliver to him the record and property belonging to the panchayat and in his custody.
(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.
Save as otherwise provided in this Act, the term of office of-
shall be co-extensive with the duration of the panchayat.
(1) (a) The Sarpanch may resign from his office by tendering his resignation in writing to the Competent authority but the resignation shall not take effect 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 take
(1) Save as otherwise expressly provided by or under this Act, the executive power, for the purpose of carrying out the provisions of this Act and the resolutions passed 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.
(2) Without prejudice to the generality of the foregoing provision:-
(1) Any member who intends to move a motion of no confidence against the 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 moti
(1) The competent authority may remove from office any member of the 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 mem
(1) Any member of a village panchayat who during his term of office-
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
(1) The District Development Officer may suspend from office the Sarpanch or the Upa-Sarpanch of a village panchayat against whom any criminal proceedings in respect 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.
(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-sec
A member of a village panchayat whose office has become vacant under section 32 or under section 58 shall, if his disqualification or disability has ceased, be eligible for re-election.
(1) Any vacancy in the office of a Sarpanch, or Upa-Sarpanch, or 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 twelve months preceding the date on which the duration of the panchayat expires under section 13, it shall not be filled:
Provided, however, that vacancy in the office of a menber, 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 for re-constituting the panchayat immediately after coming into force of the Gujarat Local Authorities Laws (Amendment) Act, 2015.]
(2) The meeting for the
(1) No disqualification of or defect in the election of any person acting as a member, Sarpanch, or Upa-Sarpanch or Chairman or member of a committee constituted under this Act or defect in the appointment of a presiding authority of the fttst general meeting shall be deemed to vitiate any act or preceding of the panchayat or of any such committee as the case may be, in which the person has taken part wherever the majority of persons parties to such act or proceeding were entitled to act.
(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
(1) On the constitution of a taluka panchayat or on its reconstitution under section 13 or under any other provisions of this Act there shall be called the first meeting thereof for the election of its President and Vice-President from amongst its elected members.
(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) As nearly as
(1) On the election of a new President or Vice-President, it shall be the duty of the retiring resident or, as the case may be, Vice-President to hand over to him charge of his office and deliver to him the record and property belonging to the panchayat and in his custody.
(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.
(1) Subject to the provisions of this Act, the taluka panchayat shall pay to its President an honorarium at such rate as may be prescribed.
(2)(a) The President shall be entitled without payment of rent, to the use of a residence, in the headquarters of the panchayat or with the previous sanction of the State Goverment at any other place in the taluka throughout his term of office and for at period of fifteen days immediately there after, or in lieu of such residence, 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 pub
(1) Subject to the provisions of sub-section (2), where the President of a taluka panchayat remains absent or is on leave for a continuous period exceeding fifteen days, he shall not be entitled to any honorarium under sub section (1) of section 65 for such period.
(2) Where the President remains absent on ground of illness duly certified by such medical authority as the State Government may by general or 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.
(1) Save as otherwise provided in the Act, the term of office of members of a Taluka Panchayat shall be co-extensive with the duration of the Panchayat.
(2) The term of office of the President and the Vice-President of a Taluka Panchayat, save as otherwise provided in this Act, shall be two and a half years.
(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
(1) The President may resign from his office by tendering his Resignation in writing to the competent authority but the Resignation shall not take effect until it is accepted by the competent authority.
(2) The Vice-President may resign from his office by tendering his resignation in writing to the panchayat but the resignation shall not take effect untill it is accepted by the panchayat.
(3) Any other member of the panchayat may resign by tendering his resignation to the President and the resignation shall take effect on the date on which it is received by the President.
(4) If any dispute regarding any resignation arises it shall be referred for decision to such officer as the State Government may by general or special order appoint in that behalf and the decision of such officer shall be final:
Provided that no such dispute shall be entertained after the expiry of a period of thirty days from the date on which the resignation takes effect.
(1) (a) The President shall-
(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 pu
(1) Any member who intends to move a motion of no confidence against the 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 meet
(1) The competent
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