Gujarat act 001 of 1963 : Gujarat Panchayats (Amendment) Act, 1962

Section 1. Short title

1. Short title.- This Act may be called the Gujarat Panchayats (Amendment) Act, 1962.

Section 2. Amendment of section of 14 Guj. VI of 1962

2. Amendment of section of 14 Guj. VI of 1962.- To clause (iii) of sub-section (1) of section 14 of the Gujarat Panchayats Act, 1961 (hereinafter referred to as "the principal Act"), after the provided the following proviso and Explanation shall be added and shall be deemed always to have been added, namely;-

"Provided further that where the area of operation of a co-operative society falls within the limits of more than one taluka, the Chairman of the society shall not be eligible to vote or stand for election under this clause except in the taluka which corresponds to or forms part of the revenue taluka or thahal in which the head office of the society is located.

Explanation:- In this clause "revenue taluka or mahal" means a taluka or mahal as constituted under the Land Revenue Code".

Section 3. Sub-section of new section 298 of Guj. VI of 1962

3. Sub-section of new section 298 of Guj. VI of 1962.- For section 298 of the principal Act, the following shall be substituted, namely:-

"298. Consequences of alteration of limits of gram or nagar.- (1) When by a notification under sub-section (2) of section 9 the limits of any gram or nagar are altered so as to-

(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 published in the Official Gazette, provide for all or any of the following matters, namely:-

(i) in a case falling under clause (a), the interim increase in the number of the members of the gram panchayat or, as the case may be, nagar panchayat by appointment of additional members by the State Government;

(ii) in a case falling under clause (b), the removal of the members of the gram panchayat or, as the case may be, nagar panchayat, who in the opinion of the State Government represent the area excluded from the gram or, as the case may be, nagar:

Provided that where the area so excluded has been included in any other gram or nagar, the members so removed shall be appointed as additional members of the panchayat of such gram or nagar;

(iii) the term for which the additional members so appointed shall hold office and the manner of filling casual vacancies;

(iv) allocation of any officer or servant of the panchayats affected by the alteration of the limits.

(2) The panchayat, if any, constituted for the gram or nagar and functioning immediately, before the alteration of the limits shall, subject to the addition or exclusion of members under sub-section (1), continue to function until the expiry of its term under this Act and on such expiry it shall be reconstituted in the manner provided in this Act.

(3) The Nyaya Panchayat constituted for the respective gram or nagar shall, notwithstanding the alteration of the limits of the gram or nagar, continue to function in the gram or nagar as constituted with the altered limits, until the expiry of its term under this Act.

(4) If in altering the limits of any gram or nagar, the area excluded there from is included in any other gram or nagar, then-

(a) such portion of the gram or nagar fund, debts, obligations and other property of the gram or nagar from which the area is so excluded shall be transferred to and shall vest in, the panchayat of the gram or nagar in which such area is included, as the State Government may, by order in writing direct;

(b) the rights and liabilities of the panchayat in respect of any contracts, agreements and other matters and things, arising in or relating to the area so excluded shall vest in the panchayat of the gram or nagar in which the area is so included;

(c) any notice, tax, fee, cess, order, licence, permission, rule, or by-law issued, imposed, granted or made in respect of the area so excluded shall be deemed to have been issued, imposed, granted or made in respect of the panchayats in which the area is so included and shall continue in force until it is superseded under the provisions of the law applicable thereto;

(d) all proceedings relating to the area excluded from the gram or nagar and pending before the panchayat or the Nyaya Panchayat on the date of such exclusion shall be transferred to and disposed of by the panchayat, or, as the case may be, the Nyaya Panchayat of the gram or nagar in which the area is included."

Section 4. Deletion of section 299 of Guj. VI of 1962

4. Deletion of section 299 of Guj. VI of 1962.- Section 299 of the principal Act shall be deleted.

Section 5. Amendment of section of 302 Guj. VI of 1962

5. Amendment of section of 302 Guj. VI of 1962.- In section 302 of the principal Act, in sub-section (1), the word and figures "or 298" shall be deleted.

Section 6. Insertion of new section 307A in Guj. VI of 1962

6. Insertion of new section 307A in Guj. VI of 1962.- After section 307 of the principal Act, the following section shall be inserted, namely:-

"307A. Validating provisions in respect of certain local area declared as grams or nagars.- Where any local, area gram, or nagar (1) of section 9 before the commencement of the Gujarat Pachayats (Amendment) Ordinance, 1962, consisted of an area within the limits of a municipal district or municipal borough and an area outside such limits, the provisions of section 307 shall apply and shall be deemed always to have been applied, to such local area, as if the area outside such limits had been within such limits when the local area was so declared as gram or nagar and an interim panchayat constituted, if any, for the gram or nagar, as the case may be, under clause (b) of section 307 shall he deemed to have been constituted for the whole of the gram or nagar comprising the local area so declared; and accordingly the consequences ensuing under section 307 shall be deemed to have ensued in respect of the local area so declared and shall be valid and shall not be called in question merely on the ground that, the local area so declared was not co-extensive with the limits of the municipal district or municipal borough."

Section 7. Repeal of Guj. Ord. No. X of 1962

7. Repeal of Guj. Ord. No. X of 1962.- The Gujarat Panchayats (Amendment) Ordinance, 1962 (Guj. Ord. No. X of 1962), is hereby repealed and the provisions of sections 7 and 25 of the Bombay General Clauses Act, 1904 (Bom. I of 1904) shall apply to such repeal as if that Ordinance were an enactment.