Subject to the provisions of this Act, it shall be the duty of each district panchayat to

make in the area within its jurisdiction and so far as the fund at its disposal will allow, reasonable provision in regard to all or any of the matters specified in Schedule III.

155. (1) A district panchayat may, with the previous sanction of the State Government

incur expenditure on education or medical relief outside its jurisdiction, if its finances permit. Travelling Allowance to members of a committee who are not members of district panchayat. Procedure in respect of meetings. Other functions of Panchayats. Invitees at meeting of district panchayats and its committees. Questions to be decided by majority of votes. Modification or cancellation of resolution. Administrative Powers of Panchayats.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 61

1. (2) A district panchayat may also make provision for carving out in the area within the limits of its jurisdiction, any other work or measure which is likely to promote-
   • (a) the health, safety, comfort or convenience, and
   • (b) social, economic or cultural well-being of the inhabitants of the areas.
2. (3) A district panchayat may, by resolution passed at its meeting and supported by two-third of the whole number of members, make provisions for any public reception, ceremony or entertainment within the district or may make contribution towards an annual gathering or such other gathering of panchayats in the district or the State or towards the fund of any Institution which is established with the object of promoting the spirit of community, self-help and mutual aid among village folk and suggesting ways and means for the efficient administration of panchayats and which is recognised by the State Government.
3. (4) A district panchayat may, subject to rules, grant a loan out of its fund to a panchayat subordinate to it, for the purposes of this Act.
4. (5) A district panchayat shall in regard to the measures for the amelioration of the condition of Scheduled Castes and Scheduled Tribes and other backward classes, and, in particular, in the removal of untouchability carry out the directions or orders given or issued in this regard from time to time by the State Government or the competent authority.
5. (6) A district panchayat shall perform such other duties and functions as are entrusted to it by or under any other law for the time being in force.
6. (7) It shall be lawful for the district panchayat to render financial or other assistance to any person for carrying on in the district any activity which is related to any of the matters specified in Schedule III. (8)(a) A district panchayat may compromise in respect of any suit instituted by or against it, or in respect of any claim or demand arising out of any contract entered into by it under this Act, for such sum of money or other compensation as it shall deem sufficient: Provided that, if any sanction in the making of any contract is required by this Act, the like previous sanction shall be obtained for compromising any claim or demand arising out of such contract.
   • (b) The panchayat may make compensation out of its fund to any person sustaining any damage by reason of the exercise of any of the powers vested in it and its officers and servants under this Act. 156. (1) It shall be lawful for a district panchayat to undertake upon such terms and conditions as may be agreed upon, the construction, maintenance or repair of any work or the management of any institution on behalf of Government, any local authority, any Corporation incorporated under any law for the time being in force and owned or controlled by Government or the Court of Wards.
7. (2) It shall be lawful for a district panchayat to give, on such terms and conditions as may be agreed upon, technical advice and guidance to a local authority in respect of the construction of any work undertaken by such local authority.
   • (C) Property and Fund 157. (1) In addition to the movable or immovable property acquired by a district panchayat, the following shall vest in the district panchayat, namely:-
   • (a) every road, building or other work constructed by a district panchayat out of the district fund with or without the Government assistance or people’s participation;
   • (b) any land or property vesting in the State Government when transferred to a district panchayat by the State Government for local public purpose;
   • (c) any land or other property vesting in any other panchayat, when vested in the district panchayat by that panchayat for the purposes of this Act: Powers of District Panchayat to undertake works, etc. on behalf of Government to give technical advice. Property of District Panchayat.

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

Provided that any land or property transferred to a district panchayat under clause(6) shall not, unless otherwise expressly provided in the instrument of transfer, belong by right of ownership to the panchayat but shall vest in it subject to the terms and conditions of the transfer and in the circumstances specified in such terms and conditions, the land or property with all things, if any, attached thereto including all fixtures and structures thereon shall revest in the State Government and it shall be lawful for the State Government to resume possession thereof.

1. (2) Notwithstanding that any immovable property vests in a district panchayat, on lease, sale or other transfer thereof shall be valid unless it has been made with the previous sanction of the competent authority: Provided that in the case of a lease of immovable property other than the property referred to in clause (b) of sub-section (1), no such previous sanction shall be necessary, if the period of lease does not exceed three years.

158. (1) There shall be in each district a fund which shall be called a district fund.

1. (2) The following shall be paid into and form part of the district fund, namely:-
   • (a) the proceeds of any tax or fee imposed under this Act;
   • (b) the sale proceeds of all dust, dirt, dung, refuse, or carcasses of animals, except in so far as any person is entitled to the whose or a portion thereof;
   • (c) sums contributed to the district fund by the State Government;
   • (d) all sums received by way of loans from the State Government or otherwise;
   • (e) all sums received by way of gift or contributions by the district panchayat;
   • (f) the income or proceeds of any property vesting in the district panchayat;
   • (g) the net proceeds (after deducting the expenses of assessment and collection) of the cess authorised by section 191.
   • (h) all sum realised by way of rent or penalty otherwise than as the amount of any fine in a criminal case. 159. (1) All property vested in a district 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 sums and funds shall be kept in such custody as may be prescribed; Provided that out of the net proceeds of the cess referred to in clause (g) of sub-section (2) of section 158, a portion calculated at the rate of eight paise on every rupee of every sum on which the cess is levied under section 191, shall be applied by a district panchayat for the purpose of primary education in the district.
2. (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.
3. (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.

160. (1) Notwithstanding anything contained in sections 158 and 159, in each district,

there shall be established by the district panchayat a fund to be called the District Family Welfare Fund which shall consist of—

1. (a) all the sums received by way of gifts or contribution from the State Government or the Central Government or any person for the purpose of family welfare programme;
2. (b) the proceeds of entertainment programme arranged by the panchayat;
3. (c) the same proceeds of family welfare seals. District Fund. Application of District Fund. District Family Welfare Fund.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 63

1. (2) The Fund shall be applied by the panchayat for the purpose of family welfare programmes in the District.
2. (3) Any sum in the fund which may not be required for the current expenditure, may be invested in such manner as may be prescribed.
   • (D) Officers and Servants 161. (1) Subject to the provisions of this Act and the rules made thereunder-
   • (a) there shall be a Secretary for every district panchayat;
   • (b) a District Development Officer posted under the panchayat, shall be ex-officio, Secretary of the Panchayat;
   • (c) a district panchayat shall have such other officers and servants as may be determined under section 227.
3. (2) The officers and servants referred to in clause (c) of sub-section (1) shall be appointed by such authority and their conditions of service shall be such as may be prescribed.
4. (3) The officers and servants appointed under sub-section (2) shall in the discharge of their functions and duties, exercise such powers as may be conferred on them by the panchayat subject to rules, if any, made in this behalf. 162. (1) Save as otherwise expressly provided by or under this Act, the executive powers of a district panchayat for the purpose of carrying out the provisions of this Act, shall vest in the District Development Officer who shall subject to the orders, if any, of the President or of the district panchayat, as the case may be—
   • (a) perform all the functions and exercise all the powers specifically imposed or conferred upon him by or under this Act, or under any law for the time being in force; and
   • (b) lay down the duties of all officers and servants of the district panchayat.
5. (2) Subject to the provisions of this Act and the rules made thereunder the District Development Officer shall—
   • (a) be entitled to—
     • (i) attend the meetings of the district panchayat, or any of its committee;
     • (ii) call for any information, return, statement, account or report from any officer or servant of or holding office under, the district panchayat;
     • (iii) grant leave of absence to such class of officers as may be prescribed by rules;
     • (iv) call for an explanation from any officer or servant of or holding office under the district panchayat;
   • (b) subject to the control, of the district panchayat, discharge duties and perform function, in respect of matters which by or under this Act are not expressly imposed or conferred on any committee, presiding officer or any officer of the district panchayat;
   • (c) appoint such class of officers and servants as may be prescribed;
   • (d) supervise and control, the execution of all activities of the district panchayat;
   • (e) take necessary measures for the speedy execution of all works and development schemes of the district panchayat;
   • (f) have custody of all papers and documents connected with the proceedings of meetings of the district panchayat and of its committees;
   • (g) assess and give his opinion confidentially every year on the work of the officers holding office under the district panchayat; forward them to such authorities as may be presecribed by the State Government and lay down the procedure for writing such reports about the work of officers and servants under the district panchayat;
   • (h) draw and disburse money out of the fund; Secretary and Officers and Servants of District Panchayat. Powers and Functions of District Development Officer.

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1. (i) exercise supervision and control over the acts of officers and servants holding office under the district panchayat in matters of executive administration and those relating to accounts and records of the district panchayat; and

1. (j) exercise such other powers and perfrom such other functions as may be prescribed by the State Government.

1. (3) (a) Save as provided in clause (b), the District Development Officer may subject to such conditions as he may think fit to impose, delegate any of his power and functions to any officer or servant holding office under the district panchayat, provided such officer or servant is not below such rank as may be prescribed.
   • (b) Notwithstanding anything contained in sub-section (2), the power to draw and disburse money out of the fund referred to in clause (h) of the said sub-section shall, in so far as such drawing and disbursment of money is in respect of any matter specified in Part II of Schedule III or, dealt with under the Bombay Primary Education Act, 1947, be deemed to be delegated to and be exercised by the Administrative Officer appointed for the District Panchayat under section 21 of the Bombay Primary Education Act, 1947.
2. (4) Subject to the other provisions of this Act, the District Development Officer shall be under the general control of the district panchayat.
   • (E) Budget Estimates 163. (1) Every district panchayat shall have prepared annually on or before the 15 February of the current year or such date not later than the month of February of the current year as may be approved by the competent authority, in such form and manner as may be prescribed in this behalf, a budget estimate of its income and expenditure for the next year: Provided that the budget estimate shall be so prepared that the end of the year the panchayat shall have at its credit a balance of not less than such minimum amount as may be prescribed in that behalf.
3. (2) The district panchayat shall, as soon as may, be after the said date consider the budget estimate so prepared and approve the same on or before the 31st March of the current year with or without modifications as it shall think fit.
4. (3) Where any district panchayat has failed to comply with the provisions of sub-section (2), it shall be lawful for the State Government to form an opinion that the panchayat is incompetent to perform the duties imposed on it or functions entrusted to it under the provisions of this Act.
5. (4) The district panchayat may, if necessary, at any time during the year for which a budget estimate has been approved, cause a revised or supplementary budget estimate to be prepared and shall consider and approve the same in the manner as if it were an original annual budget estimate.
6. (5) Re-appropriation of funds in a budget estimate may be made from time to time subject to the same approval as is required for the budget estimate.