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EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 170] NEW DELHI, THURSDAY, DECEMBER 13. 1076/PAUSA 2. 1848

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MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

New Delhi, the 23rd December, 1976 /Pausa 2, 1898 (Saka)

The following President's Act is published for general information: —

THE GUJARAT PANCHAYATS (SECOND AMENDMENT) ACT, 1976

No 44 OF 1976 Enacted by the President in the Twenty-seventh Year of the

Republic of India.

An Act further to amend the Gujarat Panchayats Act, 1961.

44 of 1976

In exercise of the powers conferred by section 3 of the Gujarat State Legislature (Delegation of Powers) Act, 1976, the President is pleased to enact as follows:—

1. This Act may be called the Gujarat Panchayats (Second Amend-

ment) Act, 1976.

Guj. VI of 1962.

Short title.

Amend- ment of section 14.

2. In section 14 of the Gujarat Panchayats Act, 1961 (hereinafter refer- red to as the principal Act), in sub-section (5), after clause (i), the fol- lowing clause shall be inserted, namely: —

" (ia) the Mamlatdar or, as the case may be, the Mahalkari, of

the revenue taluka;".

Amend- ment of section 51.

3 In section 51 of the principal Act, in sub-section (1), for the words or who has been detained in a prison during trial under the provisions of any law for the time being in force", the following shall be substituted, namely:—

"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 for continuing as a member of the

(*5i

panchayat under section 23 or who hag been detained under any law relating to preventive detention for the time being in force".

Amend- ment of section 63.

4, In section 63 of the principal Act, in sub-section (1), for the words "or who has been detained in a prison during trial under the provisions of any law for the time being in force", the following shall be substituted, namely:—

"or who has been detained in a prison during trial for¹ any offence or who is undergoing such sentence of imprisonment as would not disqualify him for continuing as a member of the panchayat under section 23 or who has been detained under any law relat- ing to preventive detention for the time being in force".

Amend- ment of section 75.

5. In section 75 of the principal Act, in sub-section (1), for the words "or who has been detained in a prison during trial under the provisions of any law for the time being in force", the following shall be substituted, namely:—

"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 for continuing as a member of the panchayat under section 23 or who has been detained under any law relat- ing to preventive detention for the time being in force".

6. In section 111 of the principal Act, for sub-section (3), the follow- ing sub-section shall be substituted, namely:—

Amend- ment of section 111. "(3) The Executive Committee shall consist of—

(a) five members, if the total number of elected members of the taluka panchayat does net exceed twenty;

(b) seven members, if Ihe total number of elected members of the taluka panchayat exceeds twenty, but does not exceed twenty-five;

(c) nine members, if the total number of elected members of the taluka panchayat exceeds twenty-five, but does not exceed thirty-one;

(d) eleven members, if the total number of elected mem- bers of the taluka panchayat exceeds thirty-one.".

7, In section 178 of the principal Act, in sub-section (i),—

Amend- ment of section 178.

(a) after the words "or special order", the brackets and words " (including an order fixing the minimum and maximum rates of a lax or fee)" shall be inserted;

(b) the brackets and words "(but subject to the minimum and maximum rates which may be fixed by the Stahe Government)" shall be omitted,

8. In section 203 of the principal Act, after sub-section (5), the fol- lowing sub-section shall be inserted, namely:—

Amend- ment of section 203.

" (6) The promotion of a servant in a cadre in the Panchayat Ser- vice to, a cadre in the State service in accordance with the rules made under clause (a) of sub-section (4) shall not affect—

(a) any obligation or liability incurred or default com- mitted by such servant dui'ing the period of his service in a cadre in the Panchayat Service while acting or purporting to act in the discharge of his duties as such servant, or

(b) any investigation, disciplinary action or remedy in respect of such obligation, liability or default, and any such investigation, disciplinary action or remedy may be instituted, continued or enforced in accordance with the law applicable thereto during the said period of service by such authority as the State Government may, by general or special order, specify in this behalf.".

9. After section 295 of the principal Act, the following section shall be inserted, namely:-—

Insertion of new section 2&5A.

Extension by pan- chayat of its ser- vices, etc,, to area outside its limits "295A. (1) If for the purpose of taking immediate steps for protecting life and property in any area affected by an outbreak of fire or epidemic disease or any other natural calamity, the District Development Officer is satisfied that it is necessary to requisition any service, equipment or staff provided or maintained by any panchayat within the area for which it is constituted, such Officer may, by ot der in writing, direct the panchayat to supply to the area so affected such service, equipment and staff for such purpose and for such period as may be specified in the order and the panchayat shall be bound to •comply with the direction.

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

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

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

(4) If any area not comprised within the local limits of a muni- cipal corporation, municipality or any panchayat, is affected by an outbreak of fire or epidemic disease or an\ other natural calamity

and a panchayat is satisfied that for protecting life and property in that area it is necessary to take immediate steps tq make available any of its services, equipment and staff for that area, then notwith- standing anything contained in sub-section (1), sub-section (2) or sub-section (3), and whether a requisition under sub-section (1) has been made or not, it shall be lawful for the panchayat to, do so free of cost.".

10. For section 310A of the principal Act, the following section shall be substituted, namely: —

Substitu- tion of new sec- tion for section 310A.

"310A. (1) When, on account of the constitution of a new dis- trict or taluka under the Land Revenue Code, or for any other reason, the limits of a district, or as the case may be, a taluka arer during the term of office of the members of the district panchayat or, as the case may be, the taluka panchayat, altered so as to—

Consequen- ces of alteration of limits of dis- trict or taluka.

(a) include any area therein, or

(b) exclude any area therefrom,

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

ii) in a case falling under clause (a), the interim increase in the number of members of the district panchayat or, as the case may foe, the taluka panchayat, and the appointment of such additional members from amongst persons qualified to be elected under the provisions of this Act as such members from! the area so included:

Provided that where the area so included had been a part of a district or taluka for which a panchayat has been established, the members of such panchayat who are elected from that area shall be appointed as additional members;

(ii) in a case falling under clause (b), the interim reduc- tion in tihe number of members of the district panchayat, or, as the case may be, the taluka panchayat and the termination of office of the elected members of the district panchayat or, as the case may be, taluka panchayat who are elected as such mem- bers from the area so excluded;

(Hi) the term for which additional members sq appointed shall hold office and the manner of filling casual vacancies of such members;

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

(v) the remo,val of any difficulty which may arise on account of any change referred to in clause (a) or clause (b).

(2) The district panchayat or the taluka panchayat, if any, functioning immediately before the alteration of the limits shall, subject to the addition or exclusion of members under sub- section (2), continue 1o function until the expiry of its term under