Gujarat Panchayats (Third Amendment) Act, 1978*
| [Gujarat Act No. 28 of 1978] | [15th September, 1978] |
An Act further to amend the Gujarat Panchayat Act, 1961.
It is hereby enacted in the Twenty-ninth Year of the Republic of India as follows:-
* (Received the assent of the Governor on 15th September, 1978 and published in the "Gujarat Government Gazette" on the 15th September, 1978)
1. Short title and commencement.- (1) This Act may be called the Gujarat Panchayats (Third Amendment) Act, 1978.
(2) This section and sections 10, 14, 16, 17 and 18 shall come into force at once; sections 2, 4, 5, 7, 12, 13 and 15, clause (1) of section 3, clauses (1) and (4) of section 6, clause (1) of section 11 and section 8 except sub-clause (b) of clause (1) thereof shall be deemed to have come into force on the 24th February, 1962: clauses (2) and (3) of section 6 and clause (3) of section 11 shall be deemed to have come into force on the 26th April, 1966; clause (2) of section 3, sub-clause (b) of clause (1) of section 8, section 9 and clause (2) of section 11 shall be deemed to have come into force on the 3rd December, 1963; and clause (5) of section 6 shall be deemed to have come into force on the 23rd December 1976; and any reference in any such provision to the date of the commencement of this Act shall be construed as reference to the date of the coming into force of that provision.
2. Substitution of section 11 of Guj. VI of 1902 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. Control of State Government over panchayats.- 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,".
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)(a) Subject to the provisions of this Act and the rules made thereunder there shall be a secretary for every gram panchayat and nagar panchayat who shall be appointed in accordance with the rules:
Provided that where on account of conversion of a municipality into a gram panchayat or a nagar panchayat under section 307, an officer of a municipality becomes a secretary of such panchayat or where any person not being a talati-cum-panchayat secretary is appointed as a secretary to such panchayat, such secretary shall not be governed by the rules so made and the rules for regulating recruitment, and conditions of service of such secretary shall be such as the panchayat may, subject to general or special order of the State Government, by its resolution determine:
Provided further 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.
(b) A gram panchayat or, as the case may be a nagar panchayat may, subject to general or special order of the State Government, appoint such servants as may be necessary for the proper exercise of its powers, discharge of its duties and performance of its functions under this Act. And the rules for regulating recruitment, and conditions of service, of such servants shall be such as the panchayat may subject to like order by its resolution determine.
Explanation.- For the purpose of this clause the expression "servant" shall include a Secretary referred to in the first proviso to clause (a).
(c) Notwithstanding anything contained in any judgment, decree or order of any court,-
(i) the officers and servants of a gram panchayat or, as the case may be, of a nagar pauchayat shall be and shall be deemed to have always been the officers and servants of such gram panchayat or nagar panchayat;
(ii) the expenditure towards the pay and allowances of, and other benefits available to, a servant of the gram panchayat or, as the case may be, nagar panchayat, shall be made by that panchayat from its own fund.";
(2) in sub-section (3),-
(a) the word "other" shall be deleted;
(b) for the words "subject to rules, if any, made in this behalf" the words "subject to general or special order if any, made by the State Government, in this behalf" shall be substituted.
4. Amendment of section 157 of Guj. VI of 1962.- In the principal Act, in section 157, to sub-section (3), the following proviso shall be added, namely:-
"Provided that where a district panchayat delegates to a gram panchayat or, a nagar panchayat, subordinate to it, any of the functions, powers and duties transferred to it, it shall not transfer any staff to such gram or nagar panchayat.".
5. Amendment of heading of Chapter XI of Guj. VI of 1962.- In the principal Act, in Chapter XI for the heading "PROVISIONS RELATING TO SERVICES" the heading "PROVISIONS RELATING TO PANCHAYAT SERVICE" shall be substituted.
6. Amendment of section 203 of Guj. VI of 1962.- In the principal Act, in section 203,-
(1) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) In order to enable taluk a panchayats and district panchayats to exercise their powers, discharge their duties and perform their functions effectively and efficiently, there shall be constituted a Panchayat Service consisting of persons employed in connection with the affairs of taluka panchayats and district panchayats and of specified servants, and notwithstanding anything contained in any judgment, decree or order of any court such persons and servants shall be and shall be deemed to have always been the officers and servants of the taluka panchayats or, as the case may be, the district panchayats.
Explanation.- In this sub-section the expression "specified servants" means-
(a) talatis-cum-Panchayait ??? discharging the functions of gram panchayats or of nagar panchayats, and
(b) kotwals.";
(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) shall consist of district cadres and taluka cadres.";
(b) clause (d) shall be deleted;
(3) in sub-section (2B), for the words "a panchayat" the words "a taluka panchayat or a district panchayat" shall be substituted;
(4) in sub-section (4),-
(a) for clause (a), the following clause shall be substituted, namely:-
"(a) a provision entitling persons holding such classes of posts in the district cadre to be recruited to such cadre in the State service as may be prescribed,";
(b) in clause (b), for the words "classes of posts" where they occur at two places the words "classes of posts in the district cadres and the taluka cadres" shall be substituted;
(5) in sub-section (6), for the words "The promotion" the words "The recruitment" shall be substituted.
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 and allowances etc. of officers and servant in Panchayat Service to be met by the panchayat.- (1) The expenditure towards 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.
(2) Nothing contained in sub-section (1) shall affect the liability of the State Government to allot or transfer the fund Under section 157 or 158 in the case where any powers, functions and duties are transferred under section 157 or, as the case may be, section 158.".
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, 158 and 325" the figures and word "157 and 158" shall be substituted;
(b) for clause (ia), the following clause shall be substituted, namely:-
"(ia) all persons who have under clause (x) of section 325 become the secretaries of new gram panchayats and kotwats";
(c) in clause (iii), for the words "the panchayats" the words "the district and taluka panchayats" shall be substituted;
(2) in sub-section (2), for the words "such panchayats" the words "such district and taluka panchayats" shall be substituted.
9. Amendment of section 206A of Guj. VI of 1962.- In the principal Act, in section 206A, in sub-section (1), for the words "allotted or transferred to a panchayat" the words "allotted or transferred to a district panchayat or a taluka panchayat" shall be substituted.
10. Insertion of new sections 206AB and 206AC in Guj. VI of 1962.- In the principal Act, after section 206A, the following sections shall be inserted, namely:-
"206AB. Option to persons belonging to Panctinyat Service.- (1) Notwithstanding anything contained in section 206, the allocation to the Panchayat Service made under section 206 of officers and servants allotted or transferred under section 157 or 158 after the 31st March, 1967 and before the date of commencement of the Gujarat Panchayats (Amendment) Ordinance, 1978 (Guj. Ord. 6 of 1978) shall initially be provisional and shall become final in respect of such of those officers and servants who under sub-section (3) are deemed to have opted for the Panchayat Service.
(2) Notwithstanding anything contained in section 206, an officer or servant allotted or transferred to a panchayat under section 157 or 158 after the 31st March, 1967 but before the date of the commencement of the Gujarat Panchayats (Amendment) Ordinance, 1978 shall within six months from the said date, by a notice is 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.
(3) Where an officer or servant does not intimate his option of not continuing in the Panchayat Service under sub-section (2), he 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.
(4) Where an officer or servant by a notice in writing given to the State Government intimates under sub-section (2) his option of not continuing in the. Panchayat Service and the State Government is of the opinion that-
(a) at the time when such officer or servant was allotted or transferred to a panchayat under section 157 or 158, an officer or servant junior to the first mentioned officer or servant could have been so allotted or transferred instead of the first mentioned officer or servant, and
(b) such junior officer or servant is available for such allotment or transfer, then-
notwithstanding anything contained in section 157 or 158 or an order of allotment or transfer made Under any of those sections in relation to the first mentioned officer or servant or in sub-section (2) the State Government shall by an order reallot or retransfer the first mentioned officer or servant to the State Service and allot or transfer the junior officer or servant to the concerned panchayat and thereupon the provisions of this section shall apply to the junior officer or servant as if-
(i) such junior officer or servant were allotted or transferred to a panchayat under section 157 or 158 after the 31st March, 1967 but before the commencement of the Gujarat Panchayats (Amendment) Ordinance, 1978 and
(ii) in sub-section (2) for the words "within six months from the said date" the words, brackets and figures "within six months from the date of order made under sub-section (4)" were substituted.
Explanation.- In this section and section 206AC reference to the date of commencement of the Gujarat Panchayats (Amendment) Ordinance, 1978 (Guj. Ord. 6 of 1978.) shall be construed as a reference to the date on which section 11 of that Ordinance has come into force.
206AC. Option to persons allotted or transferred under sections 157 and 158.- (1) An officer or servant allotted or transferred to the panchayat under section 157 or 158, on or after the date of the commencement of the Gujarat Panchayats (Amendment) Ordinance, 1978 (Guj. Ord. 6 of 1978.), shall, within a period of three months from the date on the order of the allotment or transfer, 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.
(2) Where an officer or servant does not intimate his option of not continuing in the Panchayat Service under sub-section (1), 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) Where in respect of an officer or servant who is deemed to have opted for Panchayat Service under sub-section (2), an order of allocation is made under sub-section (1) of section 206 allocating him to the Panchayat Service, such officer or servant shall cease to be in the State service and shall become the officer or servant of a taluka panchayat or as the case may be, a district panchayat.
(4) where an officer or servant by a notice in writing given to the State Government intimates under sub-section (1) his option of not continuing in Panchayat Service and the State Government is of the opinion that-
(a) at the time when such officer or servant was allotted or transferred to a Panchayat under section 157 or 158, an officer or servant junior to the first mentioned officer or servant could have been so allotted or transferred instead of the first mentioned officer or servant, and
(b) such junior officer or servant is available for such allotment or transfer, then-
notwithstanding anything contained in section 157 or 158 or an order of allotment or transfer made under any of those sections in relation to the first mentioned officer or servant or in sub-section (1), the State Government shall by an order reallot or retransfer the first mentioned officer or servant to the State Service and allot or transfer the junior officer or servant to the concerned panchayat and thereupon the provisions of this section shall apply to the junior officer or servant as if-
(i) such junior officer or servant were allotted or transferred to a panchayat under section 157 or 158, and
(ii) in sub-section (1) after the words "allotment or transfer" the words, brackets and figure "made under sub-section (4)" were inserted.".
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 panchayats" the words "For the purpose of enabling the district and taluka panchayats" shall be substituted;
(b) for the words "allotted or transferred to a panchayat" the words "allotted or transferred to a district panchayat or, as the case may be, taluka panchayat" shall be substituted;
(c) for the words "such panchayat" occurring at the first place the words "such district panchayat or, as the case may be, taluka panchayat" shall be substituted;
(2) in sub-section (3), for the words "who was allotted or transferred to a panchayat" the words "who was allotted or transferred to a district panchayat or as the case may be, a taluka panchayat" shall be substituted;
(3) in sub-section (4), for the words "such panchavat" occuring at the first place the words "such district panchayat or taluka panchayat" shall be substituted.
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 panchayat" the words "to advise the district panchayat or the taluka panchayat" shall be substituted.
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 panchayats" the words "to advise the district and taluka panchayats" shall be substituted.
14. Insertion of new section 211A in Guj. VI of 1962.- In the principal Act, after section 211, the following section shall be inserted, namely:-
"211A. Certain officers and servants not to be deemed to be allocated to Panchayat Service.- All allocations to the Panchayat Service of-
(a) officers and servants in the employ of a municipality who have under clause (g) of section 307 become officers and servants of interim panchayats and whose services are not discontinued under the proviso to clause (g); and
(b) officers and servants of the old village panchayats who have under clause (x) of sub-section (2) of section 325 become the officers and servants of the new gram panchayats.
shall cease to have effect as if no order for such allocations were ever made under section 206 and such officers and the servants shall be deemed to have always been officers and servants of the gram panchayats or as the case may be the nagar panchayats.
Explanation.- For the purposes of this section,-
(i) the expression "interim panchayat" shall have the same meaning as it has in section 307 and,
(ii) the expressions "old village panchayat" and "new gram panchayat" shall have the same meanings as they have in section 325.".
15. Amendment of section 287 of Guj. VI of 1962.- In the principal Act, in section 287,-
(1) clause (1) shall be deleted;
(2) for the marginal note, the following marginal note shall be substituted, namely:-
"Panchayats to perform functions so as to cany out the State policy,",
16. Saving.- Nothing contained in the principal Act, as amended by this Act shall affect-
(1) anything done or any action taken before the commencement of this Act in relation to the servants of a gram panchayat or, as the case may be, a nagar panchayat, under any rules made under the principal Act,
(2) the conditions of service of an officer or servant of the Panchayat Service (Constituted under section 203 of the principal Act as amended by this Act) as applicable to him immediately before the commencement of this Act under any rules made under the principal Act.
17. Construction of references to provisions of principal Act.- In any notification issued under sub-section (3) of section 1 of the principal reference to any provision of that Act shall be construed as a reference to that provision as amended by this Act.
18. Repeal and savings Guj. Ord. No. 6 of 1978.- (1) The Gujarat Panchayats (Amendment) Ordinance, 1978 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 action taken under the principal Act as amended by this Act as if this Act has come into force on the date on which the said Ordinance had come into force.