KEGISTERED NO . D. रस्जिदा स ० डी० ₹ 22i
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड 3-- उपखण्ड ( ii )
PART II- Section 3- Sub - section ( ii )
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
मई बिल्ली, शुक्रवार , मई 26 , 1967 /ज्यष्ठ 5, 1889
NEW DELHI , FRIDAY , MAY 26 , 1967 / JYAISTHA 5 , 1889
सं० 300] No. 300)
इस भाग में भिन्न पृष्ठ संख्या वी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filled as a separate compilation .
MINISTRY OF HOME AFFAIRS
ORDER
New Delhi , the 25th May 1967
S.O. 1866. In exercise of the powers conferred by sub - section ( 1 ) of section 1 of the Inter- State Corporations Act , 1957 ( 38 of 1957 ) , the Central Government , after consulting the Governments of the States of Maharashtra and Gujarat, approves . with certain modifications , the scheme forwarded by the Government of Maharashtra relating to the reconstitution and reorganisation of the existing panchayats constituted under the Bombay Village Panchayats Act , 1958 ( Bombay Act III of 1959 ) , functioning as inter - State Corporations in parts of the States of Maharashtra and Gujarat , and for the purposes of giving effect to the scheme so approved , the C'entral Government hereby makes the following Order , namely.-
1. Short title and commencement .- ( 1 ) This Order may be called the Bombay Village Panchayats ( Reconstitution and Reorganisation ) Order , 1967 .
( 2 ) It shall come into force on the 1st day of June , 1967 .
2. Definitions ...In this Order , unless the context otherwise requires
( a) " Act " means the Bombay Village Panchayats Act , 1958 ( Bombay III of 1959 ) , as in force immediately before the 1st day of Mav , 1960 ;
(b ) " appointed day " means the date of commencement of this Order ;
( c ) " appropriate Government "-
( i ) in relation to any new village specified in column ( 4 ) of the Schedule to this Order , means the Government of Maharashtra ; and ( ii ) in relation to any now gram specified in column ( 6 ) of the Schedule to this Order , means the Government of Gujarat ;
( 1107 )
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[PART 11- 1108
( 1) " existing Nyaya Panchayat " means a Nyaya Panchayat constituted or dcemed to be constituted for any existing villages exclusively or along with other villages under the Act and functioning and operating immediately before the appointed day;
( e) " existing panchayat " means a panchayat constituted or deemed to be constituted under the Act for an existing village and functioning and operating immediately before the 1st day of May , 1960 ;
( 1 ) "existing village " means any local area declared or deemed to be a village under the Act and specified in column ( 2 ) of the Schedule to this Order;
( g ) " Gujarat Act " means the Gujarat Panchayats Act , 1961 ( Gujarat VI of 1962) ;
( h ) " Maharashtra Act " means the Bombay Village Panchayats Act , 1958 (Bombay III of 1959 ) , as in force in the State of Maharashtra on the appointed day;
( i ) " new gram " means any local area comprised in an existing village deemed under this Order to be a gram under the Gujarat Act;
( j ) " new village " means any local area comprised in an existing village deemed under this Order to be a village under the Maharashtra Act ;
( k ) " successor panchayat " , in relation to an existing panchayat , means any panchayat constituted for a new village or a new gram, as the case may be;
( 1 ) any reference to a revenue village or taluka shall be construed as a reference to the area comprised in that village or taluka of West Khandesh district of the State of Bombay as recognised for land revenue purposes on the 1st day of December , 1959 ;
(m) words and expressions used but not defined in this Order and defined in the Act , the Maharashtra Act or the Gujarat Act , as the case may be , shall have the meanings respectively assigned to them in the relevant Act .
3. Dissolution of existing panchayats and formation of new villages and grams . As from the appointed day ,-
( a ) the existing villages shall cease to be villages under the Act and in their place the local areas specified against them in columns ( 3 ) and (5 ) of the Schedule to this Order shall be deemed to be declared villages and grams with the names specifled against these local areas in columns ( 4 ) and ( 6 ) of that Schedule under the Maharashtra and Gujarat Acts , respectively ;
(b ) the existing panchayats shall cease to exist and all members thereof shall vacate office ;
( c ) until general election of members of the panchayat of a new village or gram is held and the first meeting of such panchayat is held, the appropriate Government shall appoint an administrator or administra- tors , or nominate any person or persons considered suitable in this behalf to exercise the powers andowers and perform the functions of the panchayat for such village or gram , as the case may be ;
( d) any of the existing Nyaya Panchayats if constituted exclusively for the existing villages shall be deemed to have been dissolved and all members thereof shall vacate their office , and the provisions of sub- section ( 3 ) of section 150 of the Maharashtra Act or of sub - section ( 3 ) of section 302 of the Gujarat Act , as the case maymay be , shall apply in respect of any suits , cases , proceedings and applications pending before any such Nyaya Panchayat as if it had been dissolved under the relevant Act ; and any of the existing Nyaya Panchayats it constituted for any of the existing villages along with other villages , the provisions of sub - section ( 1 ) of section 150 of the Maharashtra Act or sub- section ( 1 ) of section 302 of the Gujarat Act , as the case may be , shall apply as if the panchayats for the existing villages had been dissolved under the relevant Act ,
4. Division of assets and liabilities . ( 1 ) The unexpended balance of the village fund of each existing panchayat as on the appointed day shall be apportioned THE GAZETTE OF INDIA EXTRAORDINARY
SFC . 3( 11 ) ]
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between the successor panchayats in such manner กร the Governments of Maharashtra and Gujarat may agree or , in default of such agreement , as the Central Government may determine .
(2) Subject to the other provisions of this Order , all land and all stores , arrticles and other goods belonging to an existing panchayat shall-
( a ) if within the jurisdiction of a panchayat; successor panchayat , pass to that
( b ) in any other case , shall be distributed among the successor panchayats in such manner as the Governments of Maharashtra and Gujarat may ugree or, in default of such agreement , as the Central Government may determine .
5. Arrears of taxes , etc. The right of an existing panchayat to recover any arrears of taxes or fees on property shall belong to the successor panchayat in whose jurisdiction the property is situated and such right to recover other arrears shall belong to the successor panchayat in whose jurisdiction the place of assess- ment of that tax or fee is included .
6. Contracts .-- Where before the appointed day , an existing panchayat has made any contract , that contract shall be deemed to have been inade-
( a ) if the purposes of the contract are , as from the appointed day , exclusively relatable to a successor panchayat , by that panchayat ;
(b ) in any other case, by the successor panchayat in whose jurisdiction the office of the existing panchayat was situated;
and accordingly , all rights and habilities which had accrued , or may accrue , under any such contract shall , to the extent to which they would have been rights or liabilities of the existing panchayat , be rights or liabilities of the successor panchayan concerned .
7. Payment of contribution under section 131 of the Act . Any contribution payable, in respect of any period before the appointed day, to an existing panchayat by the State Government under section 131 of the Act shall be appor- tioned between the successor panchayats in proportion to the ordinary land revenue collected from the local arca within their respective jurisdiction and the portion of the contribution so apportioned between the successor panchayats shall be paid to them by the State Government concerned in whose area they are situated .
8. Residuary provision . The benefit or burden of any asset or hability of an existing panchayat not dealt with in the foregoing provisions shall pass to the successor panchayat in the State of Maharashtra in the first instance , subject to such financial adjustment as may be agreed upon between the Governments of Maharashtra and Gujarat and , in default of such agreement , as the Central Government may determine .
9. Provisions relating to employees of panchayats . Every employee of an existing panchayat holding office immediately before the appointed day shall be allotted to such successor panchayat as may be agreed upon between the successor panchayats and . in default of such agreement , as the Central Government may , after consultation with the Governments of Maharashtra and Gujarat , determine:
Provided that the conditions of service applicable immediately before the appointed day to the case of any such employce shall not be varied to his dis- advantage except with the previous sanction of the appropriate Government .
10. Legal proceedings , Where immediately before the appointed day , an existing panchayat is a party to any legal proceedings with respect to any pro- perty, rights or liabilities subject to apportionment under this Order , the successor panchayat which succeeds to , or acquires a share in , that property or those rights or liabilities by virtue of any provision of this Order shall be deemed to be substi- tuted for the existing panchayat as a party to those proceedings , or added as a party thereto , as the case may be , and the proceedings may continue accordingly .
11. Transfer of proceedings pending before existing panchayats . Every pro- ceeding pending immediately before the appointed day before an existing panchayat shall, if it is a proceeding relating exclusively to any area included in the jurisdiction of a successor panchayat , stand transferred to that panchayat and in any other case shall stand transferred to that successor panchayat in whose jurisdiction the office of the existing panchayat was situated .
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[PART II-
12. Savings . ( 1 ) Any appointment , notification , notice , tax , fce , order , scheme , licence ,ace, permission, rule, byc - law or form made , issued , imposed or granted in respect of an existing panchayat and in force immediately beforeimmediately before the appointed day shall m so far as it is not inconsistent with the Maharashtra Act or the Gujarat Act , as the case may be , be deemed to have been made , issued , imposed or granted in respect of the successor panchayat under the relevant Act and shall continue in force until it is superseded or modified by the competent authority .
( 2) All budget estimates , assessments , assessment lists, valuations or measure- ments made or authenticated immediately before the appointed day by an existing panchayat shall so far as it is concerned be deemed to have been made or authenticated by each of the successor panchayats under the relevant Act .
SCHEDULE
(See clauses 2 and 3)
Sl . No.
Name of the existing village
Name of the new village constituted for the area specified in column (3 )
Names of the reve- nue villages included in the existing pan- chayat and compri- sed in the Mahara- shtra area
SFC.3(il)]
in column (5) Name of the new gram constituted for the area specified
Names of the reve nue villages included in the existing pan- chsyat and compri- sed in the Gujarat area
(3)
(2)
(4) (1)
(5)
(6)
MANDURBAR TALUKA
1. Pathrai
Pathrai Sarvale
1. Harduli
Pathrai
Amrave
1. Amrave
(This gram shall consist of Sarvale and Harduli villages)
Nizar
1. Nizar
2 Nizar
I. Sarvale
Khodasgaon
1. Khodasgaon
3 Sarvale
2. Warul
Sarvale
(Same as at S. No. I above )
Khodade
1. Khodade
1. Karanjwe
Shejave 4 Khodade
2. Shejave
Bhangada
1. Bhangada
5 Bhangada
1. Gujarpur
Gujarpur
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TALODA TALUKA
1. Mendhapur
6 Modalpada
Modalpada
1. Modalpada
2. Satone
Rajpur
2. Balambe
(This gram shall include Tulsı and Kevadamoi Villages also )
3. Rajpur
1. Ashte T. Budhawal Ashte T.
1. Amalpada
Amalpada
Amalpada
2. Shelwai
3. Rampur
4. Retpada
5. Ratanpada
6. Thanavihir
7. Saver
8. Amali
Budhawal 2
I
3
4
1. Nalgavan
8 Nalgavan
Nalgavan
2. Mendhwada
9 Somawal B. K.
1. Soomawal B.JK .. Somawal B. K.
2. Lobhani
3. Budhawali
10 Pisawar
1. Khedale
Khedale
1. Daswad
Daswad II Sadigaven
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6
5
1. Tulse
Rajpur
(Same as at S. No. 6 above)
Gadid
1. Gadid
2. Pati
1. Pisawar
Pisawar
2. Ubhad
1. Sadgaven
Sadgaven
AKKALKUWA TALUKA
Bamhangaon
1. Bamhangaon
12 Nawagaon
2. Kadavamahu
3. Kawaligavan
Itawai
Nainshewadi
1. Nainshewadi
13
Rajmoi 14 Tajmoi
1. Rajmoi
2. Pimpripada
Porambi
1. Porambi
15 Porambi
2. Nawagaon
Akkalkuwa Kh .
16 Akkalkuwa Kh.
1. Akkalkuwa Kh .
2. Sorapada
1. Nawagaon
Nawagaon
Itawai
1. Itawai
2. Umja
3. Tiribeda
4. Davariamba
5. Parod
1. Kevvadamoi
Rajpur
(Same as at S. No. 6 above)
1. Pana
Bhogwad
2. Parod
3. Bhogwad
4. Pimpripada
1. Akkalkuwa B. K. Akkalkuwa В.К.
NAWAPUR TALUKA
1. Thuwa
Thuwa 17 Kataswan
18 Mirkot
1. Kareghat
Kareghat 1. Kataswan
Kataswan
1
1. Mirkot
Mirkot
2. Zaranpada
(This gram shall_include Pakhar village also)
[PART11- Zamanzar Bhadbhunja
1. Bhadbhunja
I. Zamanzar
19 Bhadbhunja
Mirkot
(Same as at S. No. 18 above )
1. Pakhari
Lakkadkot
1. Lakkadkot
20 Lakkadkot
2. Khokarwada
SEC.3(ii)]
Uchhal
Uchhal
Karanji Kh .
1. Karanji Kh .
21 Karanji Khd .
2. Amalan
1. Chhapti
2. Kamalapur
} Chhapti
Khabade
1. Khabade
22 Khabade
Pangran
1. Pangran
2. Babarghat
[No. 8 / 1 / 63 - SR ( R ) ] ]
K. R. PRABHU . Jr. Secy.
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PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1967