Where the functions and duties assigned to village panchayats, taluka panchayats

and district panchayats under the Panchayats Functions List relate to the same subject, then in order that the functions and duties may not overlap or that the responsibility for performing any such function or duty is not shifted by one panchayat to another on accoount of any ambiguity of misunderstanding, the State Government may, from time to time, by an order in writing, issue to all or any of the panchayats such directions, as it may think necessary for avoiding any such overlapping of functions, or shifting of the responsibility and the panchayats shall be bound to exercise their powers, and perform their functions and duties in conformity with such directions.

241. (1) Subject to the provisions of sub-section (2), no work or development scheme

which a panchayat intends to undertake as part of its functions and duties under this Act shall be commenced unless a detailed estimate of trie cost of such work or development scheme has been approved by the panchayat and the plan thereof is approved by the prescribed authority.

1. (2) No such work or development scheme shall be commenced and no grant-in-aid shall be made by a panchayat from its fund unless previous sanction has been accorded thereto by such authority as may be prescribed by rules in that behalf.
2. (3) Subject to such exceptions as may be prescribed no property shall be acquired by a panchayat unless previous sanction has been accorded thereto by such authority as may be prescribed. Panchayats to form part of State wise Panchayats Organisation and to perform function so as to carry out the State policy. Panchayat to invite designated officer or person to attend meetings. Power of Government to issue directions. Necessity of administrative sanction, etc. to work of schemes, grant-in-aid and acquisition of property. Power of Government to prepare State wise projects, etc. not affected.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 91

242. (1) Save as otherwise provided in this Act, an appeal shall lie to the district panchayat against any order or decision of a village panchayat or taluka panchayat affecting any individual or institution.

1. (2) Such appeal shall be made within a period of thirty days from the date of the order or decision.
2. (3) The district panchayat may pass such order on the appeal as it may deem just and proper and the order on appeal shall be final. 243. (1) Notwithstanding anything contained in section 145, the appellate powers conferred on a district panchayat under 1[sections 104, 200 and 242] shall be exercisable by an Appeal Committee of the district panchayat, which shall consist of the President of the panchayat and four other members of the panchayats as may be chosen by the panchayat from amongst its members.
3. (2) The President of the panchayat shall be ex-officio, Chairman of the Appeal Committee.
4. (3) The term of the Appeal Committee shall be 2[two and a half years.]
5. (4) A member chosen on the Appeal committee may resign from membership of the Committee by tendering his resignation to the Chairman.
6. (5) The State Government shall make rules consistent with this Act to regulate the procedure that the Appeal Committee shall follow in exercising its appellate powers and such rules may provide for-
   • (a) the sitting of the members of the committee in benches constituted by the President or such other member of the committee as is authorised by him ; and
   • (b) the mode of settling differences of opinion which may arise between the members of a bench.
7. (6) The appellate powers as aforesaid shall include power to grant temporary injunction or to issue a direction to stay the execution of the decision or order appealed against until the disposal of the appeal or to make such other interlocutory orders as may appear to be just and convenient and such power may be exercised by the Chairman of the Appeal Committee.
8. (7) Any decision given by the Appeal Committee in the exercise of the powers conferred on it by this section shall be deemed to be the decision of the district panchayat.