Schedule V

TRANSITIONAL PROVISIONS (GRAM PANCHAYATS) (SECTION 274) 1. Definitions - In these rules, unless the context otherwise requires, - (a) “Old Panchayats Act” means the Andhra Pradesh Gram Panchayats Act, 1964; (b) “Panchayat” means a panchayat constituted under the old Panchayats Act; (c) 'Member' means a member of a panchayat constituted under the old Panchayats Act; (d) 'Sarpanch' means a Sarpanch of a gram panchayat constituted under the old Panchayats Act. Every local area which, at the commencement of this act, is a village under the old Panchayats Act shall be deemed to have been declared to be a village under this Act. 2. Existing villages to be deemed to be villages for purposes of this Act- (1) (2) Every gram panchayat in existence at the commencement of this Act shall be deemed to be a gram panchayat constituted under this Act. 3. Total number of members of gram panchayats- Notwithstanding anything contained in this Act, the total number of members of a gram panchayat fixed under the old Panchayats Act, shall be deemed to be the total number of members of the gram panchayat as deemed to have been constituted under this Act by virtue of sub-rule (2) of rule 2 until their number is altered by the Commissioner. 4. Term of office of existing Sarpanches and members - (1) The Sarpanches and members of a gram panchayat holding office at the commencement of this Act shall, subject to the provisions of sections 18 and 20, continue to hold such office upto and inclusive of the date fixed by the Government or upto the date on which special officers who may be appointed by the Commissioner assume office whichever is early. (2) Any vacancy in the office of the Sarpanch, the Upa-Sarpanch or a member of a Gram Panchayat at the commencement of this Act or which may occur thereafter shall not be filled until the next ordinary elections. 5. First ordinary election - The *[Andhra Pradesh Election Commissioner for Local Bodies] shall cause, the first ordinary election under this Act to a Gram Panchayat and the first meeting of the gram panchayat under sub-section (1) of section 13 after such election, to be held on any day before the date appointed by the said Commissioner. 6. Reconstitution of Panchayats dissolved or superseded before the commencement of this Act- Any Panchayat dissolved or superseded under the old Panchayats Act and awaiting reconstitution at the commencement of this Act, shall be reconstituted in accordance with the provisions of this Act. 7. Constitution of Panchayats for villages notified before the commencement of this Act- Where, before the commencement of this Act, a village was notified under the old Panchayats Act, for constituting a panchayat but no panchayat was constituted, the special officer appointed, if any, therefor, shall be deemed to have been appointed under this Act and the provisions of section 143 shall apply to such a case. Where no such special officer was appointed, a special officer shall be appointed for such a village under this Act as if it had been notified under this Act on the date of the commencement of this Act. 8. *[Executive Authoritys] to be deemed to be *[Executive Authoritys]appointed under this Act - The *[Executive Authoritys]of the gram panchayats which are deemed to be gram panchayats from the date of commencement of this Act and holding office as such on the said date, shall be deemed to have been appointed under this Act. 9. Devolution of property, rights and liabilities - (1) All property, all rights of whatever kind, used, enjoyed or possessed by, and all interests of whatever kind, owned by or vested in, or held in trust, by or for any panchayat, as well as all liabilities legally subsisting against it, shall, on and from the date of commencement of this Act and subject to such directions as the Government may, by general or special order give in this behalf, pass to such gram panchayat as deemed to be constituted under this Act. (2) All arrears of taxes or other payments by way of composition for a tax or due for expenses or compensation or otherwise due to a panchayat at the commencement of this Act may be recovered as if they had accrued under this Act. (3) All proceedings taken by or against any panchayat or other authority or any person under the old Panchayats Act in so far as they are not inconsistent with this Act, be continued by or against such gram panchayat, authority or person under this Act. 10. Continuance of existing taxes - Any tax, cess, fee or duty which was being lawfully levied by or on behalf of any panchayat at the commencement of this Act under any law, shall continue to be levied by or on behalf of the gram panchayat at the rates fixed and in pursuance of the assessment made by or under such law for the year in which this Act was brought into force and in the subsequent years also until the Government, by general or special order, otherwise direct, or assessment is made by or under this Act, whichever is earlier. 11. Action taken under old Panchayats Act to continue - Any action taken under the old Panchayats Act by any authority, before the commencement of this Act shall, unless inconsistent with this Act, be deemed to have been taken by the authority competent to take such action under this Act, unless and until superseded by action taken by such authority, whether it be the same as the authority competent to take such action under the old panchayats Act or not. 12. Removal of difficulty- If any difficulty arises in giving effect to the provisions of these rules, the Government, as occasion may require, may after previous publication, by notification in the Andhra Pradesh Gazette, do anything which appears to them necessary for removing the difficulty.