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The Gujarat Panchayats Act, 1993

Infrastructure1993279 of 270 sections available

The Gujarat Panchayats Act, 1993 regulates the administration and governance of village councils, known as panchayats, in the Indian State of Gujarat. Applying to rural council members, local leaders like the Sarpanch and Upa-Sarpanch, and state administrative officials, it outlines leadership responsibilities, financial powers, terms of office, disputes, and procedures for suspensions or resignations. Crucially, it mandates reserving leadership positions for women, Scheduled Castes, Scheduled Tribes, and backward classes. This legislation matters because it secures grassroots democracy, promotes social inclusion by empowering marginalized communities, and establishes clear legal frameworks for local village governance and accountability.

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  1. 51. (1) On the constitution of village panchayat or on its reconstitution under
  2. 52. The decision of the competent authority shall be final and no suit or other proceeding shall lie against it in any court.
  3. 53. Save as otherwise provided in this Act, the term of office of-
  4. 54. (1) (a) The Sarpanch may resign from his office by tendering his resignation
  5. 55. Provided that no such dispute shall be enteretained after the expirty of a period of thirty days from the date on which the resignation takes effect.
  6. 56. (1) Any member who intends to move a motion of no confidence against the
  7. 57. (1) The competent authority may remove from office any member of the
  8. 58. (1) Any member of a village panchayat who during his term of office-
  9. 59. (1) The District Development Officer may suspend from office the Sarpanch or the
  10. 60. Such appeal shall be made within a period of thirty days from the date of the order.
  11. 61. (1) Any vacancy in the office of a Sarpanch, or Upa-Sarpanch, or
  12. 62. Upa-Sarpanch is held under section 51 and the provisions of that section shall, so far as may be, apply in respect of such election.
  13. 91. The meeting of a village panchayat shall be held at such intervals as my
  14. 92. (1) A village panchayat may constitute an Executive Committee for performing such
  15. 93. (1) There shall be held at least two ordinary meetings of the gram sabha every year
  16. 94. (1) The first meeting of the gram sabha in every year shall be held within two months
  17. 95. Save as provided in this Act, the time and place of a meeting of a panchayat or a
  18. 96. All questions before a meeting of a panchayat or committee thereof or of a gram
  19. 97. No resolution of a panchayat shall be modified, amended, varied or cancelled by a
  20. 98. (1) Notwithstanding anything contained in this Act, it shall be lawful for a
  21. 99. Subject to the provisions of this Act it shall be the duty of each panchayat to make in
  22. 100. (1) A panchayat may with the previous sanction of the district panchayat, incur
  23. 101. (1) A village panchayat may compromise in respect of any suit instituted by or
  24. 102. It shall be the duty of every village panchayat to enquire and report in any of the
  25. 103. In the case of any institution managed by a taluka panchayat or district
  26. 104. (1) No person shall erect or re-erect or commence to erect or re-erect within the
  27. 105. (1) Whoever, within the limits of a village-
  28. 106. Development Officer may thereafter take action.
  29. 107. (1) Where any premises in any village are, in the opinion of the Taluka
  30. 108. (1) For the purpose of this Act, the State Government may subject to such
  31. 109. (1) A taluka panchayat or the district panchayat may from time to time direct that
  32. 110. (1) Subject to the provisions of sub-section (2) no lease, sale or other
  33. 111. (1) There shall be in each village a fund to be called the village fund.
  34. 112. (1) All property vested in a panchayat under this Act, and all funds received by it in
  35. 113. (1) In any revenue village where any property or any right in or over any
  36. 114. (1) Subject to the provisions of this Act and the rules made there under
  37. 115. Every village panchayat shall contribute every year to the District Development Fund
  38. 116. (1) Every village panchayat shall have prepared annualy on or before the 15th
  39. 117. (1) A taluka panchayat may at any time during the year for which any budget
  40. 118. (1) Save in the case of a pressing emergency, no sum shall be expended by or on
  41. 119. Accounts of the income and expenditure of every panchayat shall be kept in such
  42. 120. (1) The Secretary of every panchayat shall prepare the annual report of the
  43. 121. (1) The audit of the accounts of a panchayat shall, be carried out under the
  44. 191. Taxation by the State Government
  45. 192. In the assessment of the said cess on villages alienated as defined in the Bombay
  46. 193. The State Government may levy a cess not exceeding twenty paise on every rupee
  47. 194. The cess described in section 191 shall be levied, so far as may be, in the same
  48. 195. The cess described in section 193 shall be levied so far as may be, in the same
  49. 196. The provision of law relating to the assistance to be given to superior holders and
  50. 197. The local cess leviable on water rate under section 193 in respect of lands shall be
  51. 198. Government may prescribe by rules.
  52. 199. The State Government may, on the application of the district panchayat to which
  53. 63. (1) On the constitution of a taluka panchayat or on its reconstitution under
  54. 64. The decision of the competent authority shall be final and no suit or other proceeding shall lie against it in any court.
  55. 65. (1) Subject to the provisions of this Act, the taluka panchayat shall pay to its
  56. 66. (1) Subject to the provisions of sub-section (2), where the President of a taluka
  57. 68. (1) The President may resign from his office by tendering his Resignation in
  58. 69. Provided that no such dispute shall be entertained after the expiry of a period of thirty days from the date on which the resignation takes effect.
  59. 70. (1) Any member who intends to move a motion of no confidence against the
  60. 71. (1) The competent authority may remove from office any member of a panchayat
  61. 72. (1) Any member other than an associate member of a panchayat who during his
  62. 73. Vice- President, another member shall subject to the condition to which the election of the Vice
  63. 74. Such appeal shall be made within a period of thirty days from the date of the order.
  64. 75. (1) Any vacancy in the office of a President, Vice-President or a member
  65. 76. (1) No disqulification of or defect in the election of any person acting as a
  66. 122. The meeting of a taluka panchayat shall be held normally every three months:
  67. 123. (1) A taluka panchayat shall constitute the following committees, namely:-
  68. 124. The Chairman of the Social Justice Committee of a taluka panchayat shall be entitled
  69. 125. The members of any committee of a taluka panchayat constituted under section 123
  70. 126. Save as provided in this Act, the time and place of a meeting of a taluka panchayat
  71. 127. All questions before a meeting of a taluka panchayat or committee thereof, shall be
  72. 128. No resolution of a taluka panchayat shall be modified, amended, varied or cancelled
  73. 129. (1) Notwithstanding anything contained in this Act, it shall be lawful for a taluka
  74. 130. Subject to the provisions of this Act, it shall be the duty of each taluka panchayat
  75. 131. (1) A taluka panchayat may, with the previous sanction of the district panchayat,
  76. 132. In the case of any institution managed by a district panchayat or of any work to
  77. 133. (1) In addition to the movable or immovable property acquired by a taluka pan-
  78. 134. (1) There shall be in each taluka fund which shall be called a taluka fund.
  79. 135. (1) All property vested in taluka panchayat under this Act, and all funds
  80. 136. (1) Subject to the provisions of this Act and the rules made thereunder-
  81. 137. (1) Save as otherwise expressly provided by or under this Act, the executive
  82. 138. (1) Every taluka panchayat shall have prepared annually on or before the 15th
  83. 139. (1) A taluka panchayat may, at any time during the year for which any budget
  84. 140. (1) Save in the case of a pressing emergency no sum shall be expended by or on
  85. 141. Accounts of the income and expenditure of every panchayat shall be kept in such
  86. 142. (1) The Secretary of every panchayat shall prepare the annual report of the
  87. 143. (F) Audit of the accounts of panchayats
  88. 200. Taxation by Village Panchayats.
  89. 201. (1) Subject to any rules that may be made under this Act, and regard being had to
  90. 202. Government decides the matter under sub-section (2).
  91. 203. (1) A village panchayat may by resolution passed by its meeting, apply to levy
  92. 204. (1) If the income of a village panchayat falls below what in the opinion of a taluka
  93. 205. The district panchayat may stay the execution of the order until the appeal is decided.
  94. 0. Preamble
  95. 1. Short title, extent and commencement
  96. 2. In this Act, unless the context otherwise requires
  97. 3. For the purposes of this Act, there shall be in each district
  98. 4. There shall be a gram sabha for a village for performing such functions as are
  99. 5. (1) A village panchayat shall be a body corporate by the name of
  100. 6. (1) A village panchayat, subject to the authority of the taluka panchayat and the
  101. 7. (1) After making such inquiries as may be prescribed, the competent
  102. 8. (1) The village panchayats, taluka panchayats, district panchayats and gram
  103. 9. (1) A village panchayat shall consist of such number of members as provided in
  104. 10. (1) A taluka panchayat shall consist of elected members as provided in sub-section (4).
  105. 12. (1) The headquarters of a district panchayat and a taluka panchayat shall be
  106. 13. (1) Every panchayat, unless sooner dissolved under this Act shall continue for five
  107. 14. In this Chapter, unless the context otherwise requires,-
  108. 15. (1) The election of members to a panchayat shall be held on such date as State
  109. 16. (1) For the purposes of elections of members to a village panchayat, a
  110. 17. For every electoral division, there shall be a list of voters which shall be prepared and
  111. 18. At any time not later than two months before the expiry of the duration
  112. 19. Every person who is entitled to be registered in the relevant part of the electoral roll
  113. 20. (1) The electoral roll of the Gujarat Legislative Assembly prepared under the
  114. 21. No person shall be entitled to have his name included in the list of voters for more
  115. 22. No person shall be entitled to have his name included in the list of voters for any electoral division more than once
  116. 23. The list of voters for any electoral division which has been published and has come
  117. 24. Every panchayat shall make available to the State Election Commission such staff
  118. 25. No civil court shall have jurisdiction
  119. 26. If any person makes in connection with
  120. 27. (1) If any Government servant, panchayat servant or any other person required by
  121. 28. (1) Every person whose name is in the list of voters shall, unless disqualified under
  122. 29. (1) No person shall, save as expressly authorised by this Act, be a member of two or
  123. 30. (1) No person shall be a member of a panchayat or continue as such who-
  124. 31. (1) If the validity of any election of a member of a panchayat is brought in
  125. 32. (1) If any member of a panchayat,
  126. 33. If the election of any member is set aside under section 31 or if his office becomes
  127. 34. Every panchayat shall make available to the State Election Commission such
  128. 34A. OBLlGATION TO VOTE
  129. 34C. A qualified voter shall be exempted to vote at the election of the Panchayat-
  130. 34D. State Government in consultation with the State Election Commission.
  131. 35. ELECTION OFFENCES
  132. 36. (1) No person shall, on the date or dates on which a poll is taken at any polling
  133. 37. (1) Any person who during the hour fixed for the poll at any polling station,
  134. 38. (1) Where an election is held by ballot, every officer, clerk, agent or other
  135. 39. (1) No person who is a returning officer, or a presiding or polling officer at an
  136. 40. (1) If any person to whom this section applies is without reasonable
  137. 41. (1) Any persons who, at any election, fraudulently takes or attempts to take a ballot
  138. 42. (1) A person shall be guilty of an offence, if, at any election he--
  139. 43. No court shall take cognizance of an offence punishable under section 39 or under
  140. 44. REQUISITIONING OF PREMISES FOR THE PURPOSES OF ELECTION
  141. 45. (1) Whenever in pursuance of section 44 the requisitioning authority requisitions
  142. 46. The requisitioning authority may, with a view to requisitioning any property
  143. 47. (1) Any person authorised in this behalf by the requisitioning authority may enter
  144. 48. (1) Any person remaining in possession of any requisitioned premises in
  145. 49. (1) When any premises requisitioned under section 44 are to be released from
  146. 50. If any person contravenes any order made under section 44 or section 46, he shall
  147. 77. (1) On the constitution of a district panchayat or on its reconstitution under
  148. 78. The decision of the competent authority shall be final and no suit or other proceeding shall lie against it in any court.
  149. 79. (1) Subject to the provisions of this Act, the district panchayat shall pay to its
  150. 80. (1) subject to the provisions of sub-section (2), where the President of a district
  151. 82. Panchayat.
  152. 88. Such appeal shall be made within a period of thirty days from the date of the order.
  153. 89. (1) Any vacancy in the office of a President, Vice-President or member of a
  154. 90. (1) No disqualification of or defect in the election of any person acting as a member,
  155. 144. The meeting of a district panchayats shall be held normally every three months:
  156. 145. (1) A district panchayat shall constitute the following committes, namely:-
  157. 146. (1) any member of the Education Committee who intends to move a motion of no
  158. 147. (1) The Chairman of the Education Committee of a District Panchayat shall be
  159. 148. (1) The Chairman of the Social Justice Committee of a District Panchayat shall be
  160. 149. The member of any committee of a district panchayat constituted under
  161. 150. Save as provided in this Act, the time and place of a meeting of a district panchayat
  162. 151. All questions before a meeting of a district panchayat or committee thereof
  163. 152. No resolution of a district panchayat shall be modified, amended, varied or
  164. 153. (1) Notwithstanding anything contained in this Act, it shall be lawful for a
  165. 154. Subject to the provisions of this Act, it shall be the duty of each district panchayat to
  166. 155. (1) A district panchayat may, with the previous sanction of the State Government
  167. 156. (1) It shall be lawful for a district panchayat to undertake upon such terms and
  168. 157. (1) In addition to the movable or immovable property acquired by a district
  169. 158. (1) There shall be in each district a fund which shall be called a district fund.
  170. 159. (1) All property vested in a district panchayat under this Act, and all funds
  171. 160. (1) Notwithstanding anything contained in sections 158 and 159, in each district,
  172. 161. (1) Subject to the provisions of this Act and the rules made thereunder-
  173. 162. (1) Save as otherwise expressly provided by or under this Act, the executive
  174. 163. (1) Every district panchayat shall have prepared annually on or before the 15
  175. 164. A copy of every budget estimate and a statement of every re-appropriation as finally
  176. 165. (1) Save in the case of pressing emergency, no sum shall be expended by, or on
  177. 166. (1) Accounts of the income and expenditure of every district panchayat shall be
  178. 167. (1) The Secretary of the district panchayat shall prepare the annual report of
  179. 168. Land Revenue Code and the law relating to collection of cesses.
  180. 169. The panchayat so entrusted under section 168 shall be responsible for the recovery
  181. 170. Where a panchayat has been entrusted with the functions and duties relating to
  182. 171. (1) Notwithstanding anything contained in this Act and the Land Revenue Code,
  183. 172. Notwithstanding anything contained in the provision hereinbefore the right of the
  184. 173. On the withdrawal under section 172 of the powers conferred on a panchayat, the
  185. 174. (1) Notwithstanding anything contained in the Gujarat Co-operative Societies Act,
  186. 175. (1) Notwithstanding anything contained in any law for the time being in force, the
  187. 176. List.
  188. 177. The transfer or allotment of any servant to panchayat under section 175 shall not
  189. 178. Notwithstanding the transfer of any powers, functions and duties in respect
  190. 179. RESPONSIBHILITIES UPON PANCHAYATS WITH RESPECT TO DEVELOPMENT PLANS AND IMPLEMENTATION OF CERTAIN SCHEMES.
  191. 181. In any local area which is declared to be a village, the provisions of the Cattle
  192. 182. (1) Notwithstanding anything contained in any law for the time being in force,
  193. 183. (1) Whoever, within the limits of a village, allows any cattle which are his property
  194. 184. (1) It shall be the duty of every Police Officer and a Watch and Ward appointed
  195. 185. (1) If the owner of cattle which are impounded under section 184 or his agent
  196. 186. (1) If within seven days after any cattle have been impounded, no person appearing
  197. 187. (1) The pound-fees chargeable shall be such as the State Government may from
  198. 188. (1) Any person whose cattle have been seized under this Act or having been so
  199. 189. (1) In any village to which the State Government may, by notification in the
  200. 190. (1) If in any local area to which the State Government may, by notification in the
  201. 206. Taxation by Taluka Panchayat
  202. 207. (1) A taluka panchayat may, by resolution passed at its meeting, apply to the State
  203. 208. Subject to any general or special orders which the State Government may make
  204. 209. (1) A district panchayat may, by resolution passed at its meeting apply to the State
  205. 210. Wherein exercise of the powers given by this Act, a district panchayat imposes any
  206. 211. (1) If any panchayat makes default in the payment of any sum due in respect of a
  207. 212. Procedure of levying tax or fee by taluka panchayat and district panchayat.
  208. 213. (1) The panchayat may, at a special meeting, pass a resolution to propose the
  209. 214. All rules sanctioned under section 212 shall be published in the prescribed manner
  210. 215. (1) When any tax or fee or any other sum has become due, a panchayat shall with
  211. 217. The District Development Officer may direct any sum ceritified by a panchayat
  212. 218. The State Government shall, having regard to the recommendations, if any, of the
  213. 219. (1) For the purposes of section 218, the State Government shall in each year
  214. 220. Fund established under section 222.
  215. 221. (1) In each district, there shall be established by the district panchayat, a fund to
  216. 222. (1) In each district, there shall be established by the district panchayat a fund to be
  217. 223. (1) In each district, there shall be established a fund to be called the District
  218. 224. The State Government shall, after due appropriation made by the State Legislature
  219. 225. Where any village is situate in a forest area and is not assessed under the Land
  220. 226. (1) In this section, the Commission means the Finance Commission constituted by
  221. 227. (1) For the purpose of briniging about uniform scales of pay and uniform conditions
  222. 228. Subject to the rules, which the State Government may make in this behalf, the
  223. 229. Subject to any rules made under section 227 appointments to the posts in the
  224. 230. (1) The State Government shall, by a general or special order, allocate to the
  225. 231. (1) Notwithstanding anything contained in section 230, the allocation to the
  226. 232. (1) For the purpose of enabling the panchayats to discharge their functions and
  227. 233. Any panchayat may, subject to the rules made in this behalf, obtain the services of
  228. 234. Notwithstanding anything contained in the Industrial Disputes Act, 1947, or any
  229. 235. Court, Tribunal, or Authority.
  230. 236. (1) There shall be a District Panchayat Service Selection Committee in each
  231. 237. Nothing in this Act shall affect the power of the State Government to prepare for the
  232. 238. The village panchayats, taluka panchayats, and district panchayats, notwithstanding
  233. 239. (1) If in respect of any matter which is to be dealt with by a panchayat, the State
  234. 240. Where the functions and duties assigned to village panchayats, taluka panchayats
  235. 241. (1) Subject to the provisions of sub-section (2), no work or development scheme
  236. 242. (1) Save as otherwise provided in this Act, an appeal shall lie to the district
  237. 243. (1) Notwithstanding anything contained in section 145, the appellate powers
  238. 244. An appeal to be made to a district panchayat shall be in writing and addressed to the District Development Officer
  239. 245. Every such appeal shall be accompanied by the decision or order appealed against or by a certified copy thereof.
  240. 246. (1) The district panchayat may audiorise its President, Vice-President or Secretary
  241. 247. An officer authorised by the State Government in this behalf by general or special
  242. 248. (1) If in the opinion of the district panchayat the number of persons maintained by
  243. 249. State Government or the officer so authorised shall be final.
  244. 250. (1) In cases of emergency the Taluka Development Officer may provide for the
  245. 251. Development Officer has in respect of a taluka panchayat under this section.
  246. 252. (1) If at any time it appears to the district panchayat that any panchayat subordinate
  247. 253. (1) If, in the opinion of the State Government, a panchayat exceeds or abuses its
  248. 254. (1) When by a notification under clause (g) of article 243 of the Constitution, the
  249. 255. Where by a notification under clause (g) of article 243 of the Constitution, any local
  250. 256. On any area ceasing to be a village by virtue of any notification under clause (g) of
  251. 257. (1) Where in respect of a panchayat which is to be reconstituted on account of
  252. 258. (1) The State Government may from time to time cause inquiry to be made by
  253. 259. The State Government may call for and examine the record of proceeding of any
  254. 260. PANCHAYAT INTO A VILLAGE PANCHAYAT AND FOR AMALGA- MATION AND DIVISION OF PANCHAYATS.
  255. 261. (1) Where any local area is declared to be a village under clause (g) of article
  256. 262. (1) When two or more villages cease to be villages and the local areas constituting
  257. 263. (1) Where by virtue of a notification issued under clause (g) of article 243 of
  258. 264. (1) When, on account of the constitution of a new district or taluka
  259. 265. (1) A panchayat may, from time to time, concur with any other panchayat or with
  260. 266. Government.
  261. 267. (1) Every member of a panchayat or its Committee shall be personally liable for
  262. 268. (1) Where, the officer authorised in this behalf by the State Government is of the
  263. 269. Explanation :- In the section the word “member” includes a Sarpanch, Upa-Sarpanch, President and Vice-President of a panchayat.
  264. 270. (l) No action shall be brought against any panchayat or any member, officer,
  265. 271. Court the amount so tendered, the plaintiff shall not recover more than the amount so tendered; the plaintiff shall also pay all costs incurred by the defendent after such tender.
  266. 272. Every member of a panchayat or of its committee, and every officer and servant
  267. 273. When any person who is or had been a Sarpahch, Upa-Sarpanch, President or Vice-
  268. 274. Government in this behalf.
  269. 275. (1) A district panchayat may, with the previous sanction of the State Government,
  270. 276. (1) In this section unless the context otherwise requires-
  271. 277. (1) For the purpose of bringing the provisions of any law in force in the territory of
  272. 278. If any difficulty arises in giving effect to the provisions of this Act or any Schedule,
  273. 278AA. Schedule IV.
  274. 279. Where the term of a panchayat constituted under the Gujarat panchayats Act,
  275. I. Schedule I
  276. II. Schedule II
  277. III. PART I
  278. IV. Schedule IV
  279. V. Schedule V

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