section 251
Development Officer has in respect of a taluka panchayat under this section.
The Gujarat Panchayats Act, 1993Chapter XIV CONTROL
- (1) If for the purpose of taking immediate steps for protecting life and property in any area affected by an outbreak of fire or epidemic disease or any other natural calamity, the District Development Officer is satisfied that it is necessary to requisition any service, equipment or staff provided or maintained by any panchayat within the area for which it is constituted, such officer may by order in writing direct the panchayat to supply to the area so affected such service equipment and staff for such purpose and for such period as may be specified in the order and the panchayat shall be bound to comply with the direction.
- (2) Where any direction is issued to a panchayat under sub-section (1), the panchayat shall, subject to the provisions of sub-section (3), be entitled to the cost of supplying the service equipment and staff in pursuance of the direction.
(3)(a) The sum payable to the panchayat under sub-section (2) by way of cost shall
be determined by the officer making requisition under sub-section (1).
- (b) if the area to which the service, equipment and staff are so supplied is within the local limits of any municipal corporation, municipality, or any other panchayat, such corporation, municipality, or panchayat as the case may be, shall be liable to pay to the Execution of work in case of emergency. Extension by panchayat of its services, etc. to area outside its limits.
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panchayat to which the order under sub-section (1) is directed. The sum determined under clause (a) and shall pay the same to the panchayat within such period as the officer determining the sum directs and in any other case, the sum determined under clause (a) shall be paid to the panchayat by the State Government.
- (4) If any area not comprised within the local limits of a municipal corporation, municipality or panchayat, is affected by an outbreak of fire or epidemic disease or any other natural calamity and a panchayat is satisfied that for protecting life and property in that area, it is necessary to take immediate steps to make available any of its services, equipment and staff for that area, then notwithstanding anything contained in sub-sections (1), (2) or (3), and whether requisition under sub-section (1) has been made or not, it shall be lawful for the panchayat to do so free of cost. 252. (1) If at any time it appears to the district panchayat that any panchayat subordinate to it has made default in the performance of any duty imposed on it by or under this Act, it may order the duty to be performed within a specified period, and if the duty is not performed within the period specified, the district panchayat may appoint a person to perform it, and direct that the expense of performance shall be paid by the defaulting panchayat within such period as the district panchayat may fix.
- (2) If the expense is not so paid, the district panchayat may direct the person in custody of the fund of the panchayat to pay such expenses, or so much thereof as is possible from the balance of such fund in his hands, and such person shall pay such expense and part thereof accordingly.
- (3) If at any time it appears to the State Government or any officer authorised by the State Government in this behalf, that a panchayat has made default in the performance of any duty and that the district panchayat has failed or neglected take action under sub-section (1), the State Government or the officer authorised, as the case may be, may take such action as could have been taken by the district panchayat under sub-sections (1) and (2).
- (4) The district panchayat or the officer authorised, as the case may be, shall forthwith report to the State Government every case occuring under this section and the State Government may revise or modify any order made therein, and make in respect thereof, any other order which the district panchayat could have made.
- (5) An officer authorised in this behalf by the State Government by a general or special order shall, in respect of district panchayat, have the same powers as the district panchayat has in respect of the panchayat subordinate to it under this section.
253. (1) If, in the opinion of the State Government, a panchayat exceeds or abuses its
powers or is incompetent to perform or makes persistent default in the performance of the duties imposed on it or functions entrusted to it under any provision of this Act or by or under any other law for the time being in force, or fails to obey an order made under this Act by the panchayat superior thereto or by the State Government or any officer authorised by it, under this Act or persistently disobeys any of such orders, the State Government may, after consultation with the district panchayat in the case of a panchayat subordinate to it and after giving the panchayat an opportunity of rendering an explanation, by order in the Official Gazette-
- (i) dissolve such panchayat, or
- (ii) supersede such panchayat for the period specified in the order: Provided that such period shall not be longer than six months or the residual period of duration of such panchayat whichever is less: Default in performance of duty. Dissolution or supersession of panchayats for default.
1993 : Guj. 18] Gujarat Panchayats Act, 1993. 95
Provided further that the State Government may subject to, the preceding proviso from time to time after making such inquiry as it may consider necessary by an order published in the Official Gazette, extend the period of supersession of such panchayat until such date as may be specified in the order or by like order curtail the period of supersession.
- (2) When a panchayat is dissolved or superseded, all members of the panchayat shall from the date specified in the order, vacate their office as such members.
- (3) When the panchayat is dissolved or superseded, it shall be reconstituted, in the manner provided in this Act.
- (4) If a panchayat is dissolved or superseded—
- (a) all the powers and duties of the panchayat shall during the period of dissolution or supersession, as the case may be, exercised and performed by such person or persons as the State Government may from time to time appoint in that behalf, and
- (b) all property vested in the panchayat shall during the period of dissolution or supersession, as the case may be, vest in the State Government; and
- (c) on the dissolution, or, as the case may be, on the expiry of the period of supersession, the panchayat shall be reconstituted in the manner provided in this Act, and the persons vacating office shall be eligible for re-election.
254. (1) When by a notification under clause (g) of article 243 of the Constitution, the
limits of a village is altered so as to—
- (a) Include any area therein, or
- (b) exclude any area there from, the State Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by order published in the Official Gazette, provide for all or any of the following matters, namely:-
- (i) in a case falling under clause (a), the increase in the number of the members of the village panchayat by election of additional members,
- (ii) in a case falling under clause (b), the removal of the members of the village panchayat, who in the opinion of the State Government represent the area excluded from the village: Provided that where the area so excluded had been included in any other village, the members so removed shall be additional members of the panchayat of such village,
- (iii) the term of additional members and the manner of filling casual vacancies;
- (iv) allocation of any officer or servant of the panchayat affected by the alteration of the limits.
- (2) The panchayat, if any, constituted for the village and functioning immediately before the alteration of the limits shall, subject to the addition or exclusion of members under sub-section (1), continue to function until the expiry of its duration under this Act and on such expiry it shall be reconstituted in the manner provided in this Act.
- (3) If in altering the limit of any village, the area excluded there from is included in any other village, then-
- (a) such portion of the village fund, debts obligations and other property of the village from which the area is so excluded shall be transferred to and shall vest in, the panchayat of the village in which the area is the excluded as the State Government may by order in writing direct;
- (b) the rights and liabilities of the panchayat in respect of any contracts, agreements and other matters and things, arising in or relating to the area so excluded shall vest in the panchayat of the village in which the area is so included; Consequences of alteration of limits of village.
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- (c) any notice, Tax fee, cess, order, licence, permission, rule or bye-law issued, imposed, granted or made in respect of the area so excluded shall be deemed to have been issued, imposed, granted or made in respect of the panchayat in which the area is so included and shall continue in force until it is superseded under the provisions of the law applicable thereto;
- (d) all proceedings relating to the area excluded from the village and pending before the panchayat on the date of such exclusion shall be transferred to and disposed off by the panchayat of the village in which the area is included.
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