Development Officer may thereafter take action.

1. (1) The panchayat may, from time to time by written notice, require the owner of any premises or part thereof, either to put up, by means of a metal plate a number or sub- number on such premises, or part thereof in such position and manner as may be specified in such notice, or to signify in writing his desire that such work shall be executed under the orders of the panchayat.
2. (2) Any person who destroys, pulls down or defaces any such number or sub-number or puts any number or sub-number different from that put up by order of the panchayat and any owner of any premises or part thereof, who does not at his own expense keep such number or sub-number in good order after it has been put up thereon, shall on conviction, be punished with fine which may extend to one hundred rupees.
3. (3) Where a number or sub-number is put upon any premises or part therof, under the orders of the panchayat in accordance with sub-section (1), the expenses of such work shall be payable by the owner of such premises or part thereof, as the case may be.
4. (4) In this section “premises” means a house, outhouse, stable, shed, hut or other structure whether of masonry, bricks, wood, mud, metal or any other material whatsoever whether used as a human dwelling or otherwise. Numbering of Premises.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 43

107. (1) Where any premises in any village are, in the opinion of the Taluka Development Officer, without adequate and suitable water closet or privy accommodation in accordance with the rules or bye-laws made under this Act in that behalf, the Taluka Development Officer, may, by written notice, require the owner of such premises to provide such water or privy accommodation in accordance with the rules or bye-laws made under this Act in that behalf, within such time as may be specified in such notice and if the owner fails to comply with such requirement, within the time so specified or within such time as may, on the application of the owner, be extended by the Taluka Development Officer for any reasonable cause, it shall be lawful for the Taluka Development Officer to make such provision from the taluka fund and where such fund is inadequate, with the permission of the district panchayat, from the District Devlopment Fund. The expenses incurred by the Taluka Development Officer, in making such provision shall, on demand by the Taluka Development officer, be payable by the owner and if not paid by him on demand such expenses shall be recoverable by the Taluka Development Officer in accordance with provisions of section 215.

1. (2) Notwithstanding anything contained in sub-section (1), where the owner of any premises fails to comply with such requirement wit in the period specified under sub-section (1), the Taluka Development Officer may, in a case where the owner is not himself the occupier of such premises, permit the occupier of such premises to make provision for such water-closet or privy accommodation at the cost of the owner if the occupier is willing to do so instead of the Taluka Development Officer himself making such provision. Any such occupier who makes such provision shall, after obtaining the necessary certificate from the Taluka Development officer about such provision having been made by him in making such provision and the

reasonableness of such expenses, be entitled to deduct, such amount of expenses as is

certified by the Taluka Development Officer to be reasonable from the rent or any other sum payable by him to the owner or to recover, such amount from the owner in any other lawful manner.

1. (3) For the purpose of making the provision specified in sub-section (1), the Taluka Development Officer shall have power to do all acts necessary for that purpose and the Panchayat or the Taluka Development Officer shall not be liable to pay any compensation to the owner of the premises for any reasonable damage done to the premises in making such provision.
2. (4) Where any water-closet or privy accommodation is provided or set up by the Taluka Development Officer under sub-section (1) and the expenses incurred by the Taluka Development Officer in doing so are paid by, or recovered from the owner in full, such water-closet or privy accommodation shall belong to the owner of the premises and the owner shall be responsible for the expenses of maintaining it in good repairs and efficient condition.
3. (5) The provision as aforesaid made under sub-section (1) or sub-section (2) shall not be deemed to be a permanent structure for the purpose of clause (b) of sub-section (1) of section 13 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

Explanation.— For the purposes of this section, “water closet” means a closet used as

a privy in which discharge are pushed in or carried off by water and includes an acqua privy, gas plant, latrine attached with gas plant, a closet of type known as P. R. A. I. (Planning Research Action Institute) type, septic tank type, band flush type, bore hole type, clap trap type or any other type which the State Government may, by notification in the Official Gazette, specify. Powers of Taluka Development Officer to require owner to provide water closect or privy accommoda- tion.

Bom. LVII

of 1947.

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

1. (C) Property and Funds 108. (1) For the purpose of this Act, the State Government may subject to such conditions and restrictions as it may think fit to impose, vest in a panchayat open sites, waste, vacant or grazing lands or public roads, streets, bridges, ditches, dikes and fences, wells, river-beds, tanks, streams, lakes, nallas, canals, water courses, trees or any other property in the village vesting in the Government.

1. (2) Subject to any conditions and restrictions imposed by the State Government under sub-section (7) and with the previous sanction of the Collector, a panchayat may discontinue or stop up any such public road or street vested in it by the State Government, but which is no longer required as public road or street and may lease or sell any such land therefore used for the purposes of such public road or street: Provided that one month before it is decided to stop up or discontinue such public road or street, the Sarpanch shall, by notice signed by him and affixed in the part of the public road or street which is proposed to be discontinued or stopped up, and published in such other manner as is prescribed, inform the residents of the village of the said proposal and consider any objections in writing made thereto. The notice shall indicate the alternative route, if any, which it is proposed to provide or which may already be in existence.
2. (3) Whenever any public road or street or any part thereof has been so discontinued or stopped up, reasonable compensation shall be paid to every person who was entitled to use such road or street or part thereof, otherwise than as a mere member of the public, as a means of aceess to or from his property and has suffered damage from such discontinuance or stopping up, and the provisions in the Bombay Highways Act, 1955 in relation to the assessment, apportionment, and payment of compensation shall, mutatis mutandis, apply thereto as they apply in relation to the closure of a highway under section 52 of that Act.
3. (4) Where any open site or waste, vacant or grazing land vesting in Government, has been vested by Government in a panchayat whether before or after the commencement of this Act, then it shall be lawful for the State Government to resume at any time such site or land, if it is required by it for any public purpose: Provided that in case of any improvement of such site or land made by the panchayat or any other person, the panchayat or person, as the case may be, shall be entitled to compensation equal to the value of such improvement and such value shall be determined in accordance with the provisions of the Land Acquisition Act, 1894.

109. (1) A taluka panchayat or the district panchayat may from time to time direct that

any property vesting in it shall vest in a village panchayat and thereupon not withstanding anything contained in the Transfer of Property Act, 1882, or the Indian Registration Act, 1908, such property shall vest in the village panchayat.

1. (2) Every work constructed by a panchayat out of its fund, or with Government assistance or people’s participation shall vest in the panchayat. 110. (1) Subject to the provisions of sub-section (2) no lease, sale or other transfer of any immovable property vesting in, or acquired by a panchayat shall be valid unless such lease, sale or other transfer has been made with the previous sanction of the competent authority.
2. (2) In the case of a lease of immovable property other than the property vesting in the panchayat under section 108, no such previous sanction shall be necessary, if the period of lease does not exceed three years.

111. (1) There shall be in each village a fund to be called the village fund.

1. (2) The following shall be paid into and form part of the fund, namely: -
   • (a) The proceeds of any tax or fee imposed by or assigned to the panchayat under this Act; Goverment may vest certain lands in panchayat. Bom. LV of 1955. 1 of 1894. IV of 1882. XVI of 1908. Other property of village panchayat. Limitation on power of panchayat to transfer immovable property. Village Fund.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 45

1. (b) all sums ordered by a court to be paid as compensation;
2. (c) all other sums ordered by a court to be placed at the credit of the village fund;
3. (d) the sale proceeds of all dust, dirt, dung, refuse, or carcasses of animals, except in so far as any person is entitled to the whole or a portion thereof;
4. (e) sums contributed to the fund by the State Government or the taluka panchayat or the district panchayat;
5. (f) all sums received by way of loans from the State Government or the taluka panchayat or the district panchayat or out of the District Development Fund or otherwise;
6. (g) all sums received by the panchayat by way of gift or contribution;
7. (h) the income or proceeds of any property vesting in the panchayat;
   • (i) the net proceeds (after deducting the expenses of assessment and collection) of the cess authorised by section 203;
8. (j) all sums, realised by way of rent or penalty otherwise than as the amount of any fine in a criminal case;
9. (k) all sums realised as pound fees after deducting the expenses.

112. (1) All property vested in a panchayat under this Act, and all funds received by it in

accordance with the provisions of this Act, and all sums accruing to it under the provisions of any law for the time being in force, shall be applied subject to the provisions and for the purposes of this Act and all such funds and sums shall be kept in such custody as may be prescribed.

1. (2) Any surplus funds in the hands of a panchayat which may not be required for current charges, may be invested in such manner as may be prescribed.
2. (3) in the case of any loan taken by a panchayat, the payment of the principal or instalment thereof and the payment of interest thereon shall be a first charge on its fund. 113. (1) In any revenue village where any property or any right in or over any property is claimed by or on behalf of the panchayat or by any person against the panchayat, it shall be lawful for the Collector, after formal enquiry of which due notice has been given, to pass an order deciding the claim.
3. (2) Any suit institued in any Civil Court after the expiration of one year from the date of the communication of any order passed by the Collector under sub-section (1), or if one or more appeals have been made against such order within the

period of limitation, then from the date of communication of any order passed by the final

appellate authority as determined according to section 204 of the Bombay Land Revenue Code, shall be dismissed (although limitation has not been set up as a defence) if the suit is brought to set aside, such order or if the relief claimed is inconsistent with such order, provided that the plaintiff has received due notice of such order.

(3)(a) The powers conferred by this section on the Collector may be exercised also

by an Assistant or Deputy Collector or by a Survey Officer or such other officer appointed under the said Code.

1. (b) The formal inquiry referred to in this section shall be conducted in accordance with the provisions relating to such enquiry under the said Code.
2. (c) A person shall be deemed to have had due notice of any inquiry or order under this section if notice thereof has been given in the prescribed manner. Application of fund. Decision on claims to property by or against village panchayat. Bom. V of 1879.

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

1. (D) Officers and servants of Panchayats

114. (1) Subject to the provisions of this Act and the rules made there under—

1. (a) there shall be a Secretary for every village panchayat who shall be appointed in accordance with the rules;
2. (b) a village panchayat shall have such other servants as may be determined under section 227. Such servant 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 village and income of the panchayat thereof may direct in respect of a group of village panchayats that such group shall have one Secretary and thereupon there shall be one Secretary for that group.

1. (2) A Secretary of a village panchayat shall subject to the control of the Sarpanch-
   • (a) keep in his custody the records and registers of the panchayat,
   • (b) issue receipts under his signature for sums of money received by him on behalf of the panchayat,
   • (c) prepare all statements and reports required under this Act, and
   • (d) perform such other functions and duties under this Act as may be prescribed.
2. (3) The other servants of the panchayat shall perform such functions and duties and exercise such powers under this Act as may be imposed or conferred on them by the panchayat, subject to rules, if any, made in this behalf.
   • (E) Contribution to District Development Fund.