In the case of any institution managed by a taluka panchayat or district

panchayat, or of any work to be, done out of the fund of a taluka panchayat or district panchayat, the taluka panchayat or, as the case may be, the district panchayat may, if the village panchayat so agrees entrust to the village panchayat, the management of such institutions or the execution of such work: Provided that in every such case, the fund necessary for such management or execution shall be placed at the disposal of the panchayat by the taluka panchayat, or district panchayat. 104. (1) No person shall erect or re-erect or commence to erect or re-erect within the limits of the village, any building without the previous permission of the panchayat.

1. (2) Permission shall be presumed to have been granted if the panchayat fails to communicate its sanction or refusal in respect thereof within one month from the date of receipt of the application for the permission. In case of refusal, the panchayat shall communicate to the applicant the reasons thereof, and an appeal shall lie against any such order of refusal to the taluka panchayat: Provided that no such appeal shall be entertained if it is made after the expiry of thirty days from the date on which the refusal is communicated to the applicant.
2. (3) No person, who becomes entitled under sub-section (1) or (2) to proceed with any intended work of erection or re-erection shall commence such work after the expiry of one year from the date on which he became entitled to proceed therewith unless he shall have again become so entitled by a fresh compliance with the provisions of sub-section (1) or (2) as the case may be.
3. (4) Whoever erects or re-erects or commences to erect or re-erect any building without such permission or in any manner contrary to the provisions of sub- section (1) or any bye-law in force, or any conditions imposed by the panchayat shall, on conviction be punished with fine, which may extend to two hundred rupees and in the case of a continuing contravention, he shall be liable to an additional fine which may extend to twenty rupees for each day during which such contravention continues after conviction for the first such contravention.
4. (5) Without prejudice to the penalty prescribed in sub-section (4) the panchayat may—
   • (a) direct that the erection or re-erection be stopped,
   • (b) by written notice require such erection or re-erection to be altered or demolished,

as it may deem necessary,

and, if the requirement under clause (b) is not complied with within the time fixed in the notice, the panchayat may cause the alteration or demolition to be carried out by its officers and all the expenses incurred by the panchayat therefor, shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter X: Provided that when a notice for bringing any action against any direction for the alternation or demolition of any erection or re-erection issued under this sub-section has been given under sub-section (2) of section 270, alteration or demolition shall not be caused to be carried out until the expiry of the period of such notice and a further period of seven days.

1. (6) Nothing contained in this section shall apply to any building which is used or required for public service or for any public purpose, and if the property of the State or Central Government or any local authority, or is to be erected or re-erected by the State Powers of panchayat to manage institutions or execute work transferred to it by taluka or district panchayat. Control on erection of buildings.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 41

or Central Government or the local authority but reasonable notice of the proposed construction shall be caused to be given to the panchayat, and the objections or suggestions of the panchayat, if any, shall be considered.

Explanation.— The expression “erect” or “re-erect” with reference to a building in this

section includes-

1. (a) any material alteration, or enlargement of or in any building;
2. (b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;
3. (c) such alteration of a building as would effect a change in the drainage or sanitary arrangement or materially affect its security;
4. (d) the addition of any rooms, buildings, outhouses, or other structures to any building;
5. (e) the conversion by any structural alteration into a place of religious worship or into a sacred building of any place or building, not originally meant or constructed for such purpose;
6. (f) roofing or covering an open space between walls and building’s as regards the structure which is formed by roofing or covering such space ;
7. (g) conversion into a stall, shop, warehouse, or godown of any building not originally constructed for use as such or vice versa;
8. (h) construction in a wall adjoining any street or land not vested in the owner of the wall, of a door opening on such street or land.

105. (1) Whoever, within the limits of a village-

1. (a) builds or sets up any wall, or any fence, rail, post, stall, verandah, platform, plinth, step or structure or thing or any other encroachment, or obstruction, or
2. (b) deposits, or causes to be placed or deposited, any box, bale, package or merchandise, or any other thing, or
3. (c) without written permission given to the owner or occupier of a building by a panchayat puts up, so as to project from an upper storey thereof any verandah, balcony, room or other structure or thing, in or over any public street or place, or in or upon any open drain, gutter, sewer or aqueduct in such street or place, or contravenes any conditions subject to which any permission as aforesaid is given or the provisions of any bye-law made in relation to any such projections or cultivates or makes any unauthorised use of any grazing land, not being private property, shall on conviction, be punished with fine, and with further fine which may extend to twenty five rupees for each day on which such obstruction, deposit, projection, cultivation or unauthorised use continues after the date of first conviction for such offense.

1. (2) The panchayat may remove any such obstruction or encroachment and remove any crop unaurhorised cultivated, on grazing land or any other land not being private property, and may remove any unauthorised obstruction or encroachment of the like nature in any open site not being private property, whether such site is vested in the panchayat or not: Provided that if the site be vested in the State Government, the permission of the Collector or any officer authorised by him in this behalf, shall have first been obtained the expenses of such removal shall be paid by the person who has caused the said obstruction or encroachment and shall be recoverable under Chapter X: Provided further that when before the removal of any such encroachment or projection a notice for bringing action in that behalf has been given under sab-section (2) of section 270, no action for the removal of the encroachment or projection shall be taken until the expiry of the period of such notice and further period of seven days. Obstruction and encroachment upon public streets and open sites.

42 Gujarat Panchayats Act, 1993. [1993 : Guj. 18

1. (3) Nothing in sub-section (2) shall prevent the panchayat from permitting any construction referred to in clause (a) or clause (c) of sub-section (1) to stand on such terms and conditions as may be prescribed.
2. (4) The power under sub-section (2) may be exercised in respect of any obstruction, encroachment, or projection referred to therein whether or not such obstruction, encroachment, or projection has been made before or after the village is specified as such under clause (g) of article 243 of the Constitution or before or after the property is vested in the panchayat.
3. (5) Whoever not being duly authorised in that behalf removes earth, sand or other material from, or makes any encroachment in or upon any open site which is not private property, shall, on conviction, be punished with fine and, in the case of an encroachment, with further fine which may extend to twenty five rupees for every day on which the encroachment continues after the date of first conviction.
4. (6) Nothing contained in this section shall prevent the panchayat from allowing any temporary occupation of or erection in, any public street on, occasions of festivals and ceremonies, of the piling of fuel in by-lanes and sites for not more than seven days, and in such manner as not to inconvenience the public or any individual or from allowing any temporary erection on or putting projection over, or temporary occupation of, any such public street or place, or any other purpose in accordance with the bye-laws made under this Act.
5. (7) Where the panchayat finds it difficult to remove any obstruction or encroachment or any crop unauthorised cultivated on grazing lands as referred to in sub-section (2), it shall inform the Taluka Development Officer accordingly and the Taluka Development Officer shall on receipt of such information exercise the powers of the panchayat under sub-section (2) and take action to remove the obstruction, encroachment or, as the case may be, the crop.
6. (8) The Taluka Development Officer may, take action referred to in sub-section (7) suo-motu or whenever it is reported to him that though the panchayat was moved to take action under sub-section (2) it has not taken any action for three months: Provided that before taking action suo motu he shall direct the village panchayat to take action and if the panchayat fails to do so within a specified time, the Taluka