Gujarat Panchayats (Amendment) Act, 1980*
| [Gujarat Act No. 14 of 1980] | [1st September, 1980] |
An Act further to amend the Gujarat Panchayats Act, 1961.
It is hereby enacted in the Thirty-first Year of the Republic of India as follows:-
* (Received the assent of the Governor on 1st September, 1980 and published in the "Gujarat Government Gazette" on the 3rd September, 1980)
1. Short title and commencement.- (1) This Act may be called the Gujarat Panchayats (Amendment) Act, 1980.
(2) It shall be deemed to have come into force on the 22nd July, 1980.
2. Amendment of section III of Guj. VI of 1962.- In the Gujarat Panchayats Act, 1961 (Guj. VI of 1962.) (hereinafter referred to as "the principal Act"), in section 111, in sub-section (5), for the proviso, the following proviso shall be substituted, namely:-
"Provided that the taluka panchayat may appoint, in accordance with any rules made in this behalf, any of the qualified voters of the taluka on a committee constituted under sub-section (2) or sub-section (4) and the qualified voters so appointed shall have the right to speak or otherwise to take part in the proceedings of a meeting of the committee but shall not, except in the case of a committee constituted under subjection (4), be entitled to vote.".
3. Insertion of new sections 111A and 112 in Guj. VI of 1962.- In the principal Act, after section 111, the following sections shall be inserted, namely:-
"111A. Honorarium to Chairman of Social Justice Committee.- The Chairman of the Social Justice Committee of a taluka panchayat shall with effect on and from the 1st July, 1980 be entitled to an honorarium of Rs. 100 per month.
112. Travelling allowance to members of committee who are not members of a talukn panchayat.- The Chaihnan and members of any committee of a taluka panchayat constituted under section 111 who, not being the members of such panchayat, are not entitled to payment of travelling allowances under sub-section (4) of section 56, shall be entitled to travelling allowances while touring for the purpose of attending a meeting of the commit is or any business relating to the committee at such rates and subject to such conditions as may be prescribed".
4. Amendment of section 132 of Guj. VI of 1962.- In the principal Act, in section 132. In sub-section (1), clause (c) shall be deleted.
5. Insertion of new section 133 and 133A in Guj. VI of 1962.- In the principal Act after section 132, the following sections shall be inserted, namely:-
"133. Honorarium etc., to Chairman of Social Justice Committee.- (1) The Chairman of the Social Justice Committee of a district panchayat shall be entitled,-
(a) to an honorarium of Rs. 200 per month;
(b) without payment of rent to use of a residence in the headquarters of the panchayat or with the sanction of the State Government at any other place in the district throughout his term of office and for a period of fifteen days thereafter or in lieu of such residence a house allowance at such rate as the State Government may, by general or special order, determine.
(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 member of the Committee elected by it for performing the functions of the Chairman and performing such function shall be paid such honorarium and allowances as may be prescribed.
133A. Travelling allowance to members of a committee who are not members of district panchayat.- The Chairman and members of any committee of a district panchayat constituted under section 134, who, not being members of such panchayat are not entitled to payment of allowances, under sub-section (3A) or (4) of section 68, shall be entitled to travelling allowances 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 prescribed."
6. Amendment of section 206AB of Guj. VI of 1962.- In the principal Act, in section 206AB,-
(1) in sub-section (1), for the words brackets and figure "who under sub-section (3)" the words, brackets, figures and letter "who under sub-section or (3A)" shall be substituted;
(2) after sub-section (3), the following sub-section shall be inserted, namely:-
"(3A)(a) Any officer or servant who has not intimated before the commencement of the Gujarat Panchayats (Second Amendment Ordinance, 1980 (Guj. Ord. 6 of 1980.) his option of, not continuing in the Panchayat Service under sub-section (2) within the period specified in that sub-section, shall, notwithstanding anything contained in sub-section (3), not be deemed to have opted for the Panchayat Service and to have ceased to be in the State Service, and to have become an officer or servant of a taluka panchayat or, as the case may be, a district panchayat; and such officer or servant shall notwithstanding anything contained in sub-section (2) within a period of six months from such commencement by a notice in writing given to the State Government intimate his option of not continuing in the Panchayat Service, and on receipt of such a notice, he shall be permitted to retire from the Panchayat Service and shall be entitled to such terminal benefits as pension, gratuity and the like as are available to him.
(b) Where an officer or servant does not intimate his option of not continuing in the Panchayat Service under clause (a), be shall be deemed to have opted for the Panchayat Service and to have ceased to be in the State Service and to have become an officer or servant of a taluka panchayat, or, as the case may be, a district panchayat.";
(3) in sub-section (4),-
(a) for the words, brackets and figure "intimates under sub-section (2)" the words, brackets, figures and letters "intimates under sub-section (2) or clause (a) of sub-section (3A)" shall be substituted;
(b) for the words, brackets and figure "officer or servant or in sub-section (2)" the words, brackets, figures and letters "officer or servant or in sub-section (2) or in clause (a) of sub-section (3A)" shall be substituted.
7. Amendment of section 206AC in Guj. VI of 1962.- In the principal Act, in section 206AC,-
(1) in sub-section (1), for the words "three months" the words "six months" shall be substituted;
(2) after sub-section (2), the following sub-section shall be inserted, namely:-
"(2A) (a) Any officer or servant who has not intimated before the commencement of the Gujarat Panchayats (Second Amendment) Ordinance, 1980 (Guj. Ord. 6 of 1980.) his option of not continuing in the Panchayat Service under sub-section (1) within the period specified in that sub-section, shall, notwithstanding anything contained in sub-section (2), not be deemed to have opted for the Panchayat Service and any order made before such commencement under sub-section (1) of section 206 allocating him to the Panchayat Service shall be deemed to be ineffective; and such officer or servant shall, notwithstanding anything contained in sub-section (1), within a period of six months from such commencement, by a notice in writing given to the State Government intimate his option of not continuing in the Panchayat Service and on receipt of such a notice, he shall be permitted to retire from the Government Service and shall be entitled to such terminal benefits as pension, gratuity and the like as are available to him.
(b) Where an officer or servant does not intimate his option of not continuing in the Panchayat Service under clause (a), he shall be deemed to have opted for the Panchayat Service and thereupon, the State Government may allocate him to the Panchayat Service by an order under sub-section (1) of section 206.";
(3) in sub-section (3), for the words, brackets and figure "under sub-section (2A) the words, brackets, figures and letters "under sub-section (2) or clause (b) of sub-section (2A)" shall be substituted;
(4) id sub-section (4),-
(a) for the words, brackets and figure "intimates under sub-section (1)" the words, brackets, figures and letters "intimates under sub-section (1) or clause (a) of sub-section (2A)" shall be substituted;
(b) for the words, brackets and figure "officer or servant or in sub-section (1)" the words, brackets, figures and letters "officer or servant or in sub-section (1) or clause (a) of sub-section (2A)" shall be substituted.
8. Repeal and Saving.- (1) The Gujarat Panchayats (Third Amendment) Ordinance, 1980 (Guj. Ord. 15 of 1980.) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.