Gujarat act 015 of 1984 : Gujarat Panchayats (Amendment) Act, 1984

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Gujarat Panchayats (Amendment) Act, 1984.

(2) It shall be deemed to have come into force on the 10th July, 1978.

Section 2. Substitution of section 11 of Guj. VI of 1962 by new section

2. Substitution of section 11 of Guj. VI of 1962 by new section.- In the Gujarat Panchayats Act, 1961 (Guj. VI of 1962) (hereinafter referred to as "the principal Act"), for section 11, the following section shall be substituted namely:-

"11. Panchayat Organisation and the exercise of centrol over panchayats by State Government.- (1) The gram panchayats, uagar panchayats, taluka panchayats, district panchayats, gram sabhaa, Nyaya Panchayats and conciliation panchas 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.".

Section 3. Amendment of section 102 of Guj. VI of 1962

3. Amendment of section 102 of Guj. VI of 1962.- In the principal Act, in section 102,-

(1) for sub-section (1), the following sub-section shall be substituted, namely:-

"(1) Subject to the provisions of this Act and the rules made thereunder-

(a) there shall be a Secretary for every gram panchayat and nagar panchayat who shall be appointed in accordance with the rules;

(b) a gram panchayat or, as the case may be, nagar panchayat shall have such other servants as may be determined under section 203. Such servants shall be appointed by such authority and their conditions of service shall be such as may be prescribed:

Provided that the State Government having regard to the population of a gram and income of the panchayat thereof may direct in respect of a group of gram panchayats that such group shall have one Secretary and thereupon there shall be one Secretary for that group.";

(2) in sub-section (3),-

(a) for the words "The servant of the panchayat" the words "The other servants of the panchayat" shall be substituted;

(b) for the words "subject to general or special order, if any, made by the State Government, in this behalf" the words "subject to rules, if any, made in this behalf" shall be substituted.

Section 4. Amendment of section 157 of Guj. VI of 1962

4. Amendment of section 157 of Guj. VI of 1962.- In the principal Act, in section 157, the proviso to sub-section (3) shall be deleted.

Section 5. Amendment of heading of Capture XI of Guj. VI of 1962

5. Amendment of heading of Capture XI of Guj. VI of 1962.- In the principal Act, in Chapter XI, for the heading "Provisions relating to Panchayat Service" the heading "Provisions relating to Services" shall be substituted.

Section 6. Amendment of section 203 of Guj. VII of 1962

6. Amendment of section 203 of Guj. VII of 1962.- In the principal Act, in section 203,-

(1) for sub-section (1), the following sub-section shall be substituted, namely:-

"(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) in sub-section (2A)-

(a) for clause (a), the following clause shall be substituted, namely:-

"(a) The cadres referred to in sub-section (2) may consist of district cadres, taluka cadres and local cadres;"

(b) after clause (c), the following clause shall be inserted, namely:-

"(d) A servant belonging to a local cadre shall be liable to be posted whether by promotion or transfer to any post in the same gram or, as the case may be, nagar;";

(3) in sub-section (2B), for the words "a taluka panchayat or a district panchayat" the words "a panchayat" shall be substituted;

(4) in sub-section (4),-

(a) for clause (a), the following clause shall be substituted, namely:-

"(a) a provision entitling servants of such cadres in the Panchayat Service to promotion to such cadres in the State Service as may be prescribed;"

(b) in clause (6), for the words "classes of posts in the district cadres and the taluka cadres" where they occur at two places, the words "classes of posts" shall be substituted;

(5) in sub-section (6), for the words "The recruitment" the words "The promotion" shall be substituted.

Section 7. Substitution of section 204 of Guj. VI of 1962

7. Substitution of section 204 of Guj. VI of 1962.- In the principal Act, for section 204, the following section shall be substituted, namely:-

"204. Expenditure towards pay allowances etc. of officers and servants in Panchayat Service to be met by panchayats.- Subject to the rules, which the State Government may make in this behalf, the expenditure towards the pay and allowances of and other benefits available to an officer or servant of the Panchayat Service serving for the time being under any panchayat shall be met by that panchayat from its own fund.".

Section 8. Amendment of section 206 of Guj. VI of 1962

8. Amendment of section 206 of Guj. VI of 1962.- In the principal Act, in section 206,-

(1) in sub-section (1)-

(a) in clause (i), for the figures and word "157 and 158" the figures and word "157, 158 and 325" shall be substituted;

(b) for clause (ia), the following clause shall be substituted, namely:-

"(ia) All officers and servants of the municipalities dissolved under section 307;";

(c) in clause (iii), for the words "the district and taluka panchayats" the words "the panchayats" shall be substituted;

(2) in sub-section (2), for the words "such district and taluka panchayats" the words "such panchayats" shall be substituted.

Section 9. Amendment of section 206 of Guj. VI of 1962

9. Amendment of section 206 of Guj. VI of 1962.- In the principal Act, in section 206A, in sub-section (1), for the words "allotted or transferred to a district panchayat or a taluka panchayat" the words "allotted or transferred to a panchayat" shall be substituted.

Section 10. Deletion of section 206AB and 206AC of Guj. VI of 1862

10. Deletion of section 206AB and 206AC of Guj. VI of 1862.- In the principal Act, sections 206AB and 206AC shall be deleted.

Section 11. Amendment of section 207 of Guj. VI of 1962

11. Amendment of section 207 of Guj. VI of 1962.- In the principal Act, in section 207,-

(1) in sub-section (1),-

(a) For the words "For the purpose of enabling the district and taluka panchayats" the words "For the purpose of enabling the panchayats" shall be substituted;

(b) for the words "allotted or transferred to a district panchayat or, as the case may be, taluka panchayat" the words "allotted or transferred to a panchayat" shall be substituted;

(c) for the words "such district panchayat or, as the case may be, taluka panchayat" the words "such panchayat" shall be substituted;

(2) in sub-section (3), for the words "who was allotted or transferred to a district panchayat or, as the case may be a taluka panchayat" the words, "who was allotted or transferred to a panchayat" shall be substituted;

(3) in sub-section (4), for the words "such district panchayat or taluka panchayat" the words "such panchayat" shall be substituted.

Section 12. Amendment of section 210 of Guj. VI of 1962

12. Amendment of section 210 of Guj. VI of 1962.- In the principal Act, in section 210, in sub-section (5), for the words "to advise the district panchayat or the taluka panchayat" the words "to advise the panchayats" shall be substituted.

Section 13. Amendment of section 211 of Guj. VI of 1962

13. Amendment of section 211 of Guj. VI of 1962.- In the principal Act, in section 211, in sub-section (1), for the words "to advise the district and taluka panchayats" the words "to advise the panchayats" shall be substituted.

Section 14. Deletion of section 211A of Guj. VI of 1862

14. Deletion of section 211A of Guj. VI of 1862.- In the principal Act, section 211A shall be deleted.

Section 15. Amendment of section 287 of Guj. VI of 1962

15. Amendment of section 287 of Guj. VI of 1962.- In the principal Act, in section 287:-

(1) for the words "having distinct territorial jurisdiction and distinct functions to perform" the following portion shall be substituted, namely;-

"having distinct territorial jurisdiction and distinct functions to perform,-

(1) shall form part of the Panchayat Organisation set up for the purpose of securing a greater measure of participation by the people of the State in local and Governmental functions".

(2) for the marginal note, the following marginal note shall be substituted, namely:-

"Panchayats to form part of State wide Panchayats Organisation and to perform function so as to carry out the State policy.".

Section 16. Validation

16. Validation.- (a) Any recruitment of and any action relating to the condition of service of a secretary to gram panchayat or nagar panchayat converted from a municipality under section 307 of the principal Act, and

(b) any appointment of a servant other than a Secretary, made by any gram panchayat or nagar panchayat under the principal Act,

during the period commencing from the 10th July, 1978 and ending immediately before the commencement of this Act, shall be deemed to be valid if such recruitment, action or appointment is approved in accordance with such general of special order as the State Government may make in this behalf, by the District Panchayat to which such gram panchayat or nagar panchayat is subordinate.

Section 17. Repeal and saving

17. Repeal and saving.- (1)(a) The Gujarat Panchayat (Third Amendment) Act, 1978 and (b) the Gujarat Panchayats (Amendment) Ordinance, 1984 are hereby repealed.

(2) Notwithstanding the repeal of the Gujarat Panchayats (Amendment) Ordinance, 1984, 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.