PANCHAYAT INTO A VILLAGE PANCHAYAT AND FOR AMALGA- MATION AND DIVISION OF PANCHAYATS.

For the purpose of this Chapter, unless the context otherwise requires—

1. (a) “municipal borough” means a municipal borough within the meaning of the Gujarat Municipalities Act, 1963;
2. (b) “nagar panchayat” means a nagar panchayat constituted for a municipal borough and includes a person or persons authorised to exercise the powers and perform the functions of a municipality under section 263 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as “The Municipal Act”);
3. (c) “panchayat” includes a person or persons appointed to exercise the powers and to perform the functions of a panchayat under section 253. 261. (1) Where any local area is declared to be a village under clause (g) of article 243 of the Constitution and, immediately before such declaration, the local area was co- extensive with the limits of a municipal borough or included an area comprising a municipal borough as well as any other area, then with effect from the date on which such local area is so declared to be a village (in this section referred to as “the said date”), the following consequences shall, notwithstanding anything in the Municipal Act, ensue, that is to say—
4. (a) the nagar panchayat functioning in such local area or part thereof shall cease to exist;
5. (b) there shall, notwithstanding anything contained in any law for the time being in force be constituted for the village an interim village panchayat consisting of persons vacating office as members of the nagar panchayat or members of the committee thereof and the President and Vice-President of the nagar panchayat shall respectively, be deemed to be the Sarpanch and Upa-Sarpanch of the interim village panchayat: Provided that if immediately before the nagar panchayat so ceasing to exist, there be a person or persons appointed under section 263 of the Municipal Act to exercise the powers and perform the duties of the nagar panchayat, there shall be an interim village panchayat for the local area and the person or persons so appointed shall be deemed to be a person or persons appointed under clause (a) of sub-section (4) of section 253 to exercise all the powers and perform all the duties of such interim village panchayat;
6. (c) the unexpended balance of the nagar fund and property including arrears of rates, taxes and fees belonging to the nagar panchayat, and all rights and powers, which prior to such notification, vested in the nagar panchayat shall, subject to all charges and liabilities affecting the same vest in the interim village panchayat as the village fund until the new panchayat is constituted under the provisions of this Act;
7. (d) any appointment, notification, notice, tax, fee, cess, order, scheme, licence, permission, rule, bye-law, or form made, issued, imposed or granted under the Municipal Act immediately before the said date in respect of such local area shall continue to be in force and be deemed to have been made, issued, imposed or granted in respect of the village until it is superseded or modified by any other appointment, notification, notice, tax, fee, cess, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under this Act;
8. (e) all budget estimates, assessments, assessment lists, valuations of measurements made of authenticated under the Municipal Act immediately before the said date in respect of such local area shall be deemed to have been made or authenticated under this Act; Guj. 34 of 1964. Guj. 34 of 1964. Effect of conversion of nagar panchayat into village panchayat. Interpretation.

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1. (f) all debts and obligations incurred and all contracts made by or on behalf of the nagar panchayat immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the interim village panchayat in exercise of the powers conferred on it by or under this Act;
2. (g) all officers and servants in the employ of the nagar panchayat immediately before the said date shall be officers and servants of the interim village panchayat under this Act and shall, until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject on such date: Provided that it shall be competent to the interim village panchayat subject however to the previous sanction of the State Government, to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable to the requirements of the service of the interim village panchayat, after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are discontinued shall be entitled to such leave, pension, provident fund and gratuity as he would have been entitled to take or receive on being invalided out of service as if the nagar panchayat in the employ of which he was, had not ceased to exist;
3. (h) all proceedings pending at the said date before the nagar panchayat shall be deemed to be transferred to, and continued by, the interim village panchayat;
   • (i) all appeals pending at the said date before the nagar panchayat shall, so far as may be practicable, be disposed of as if such local area had been included in the village when they were filed;
4. (j) all prosecutions instituted by or on behalf of the nagar panchayat and all suits or other legal proceedings institued by or against such nagar panchayat or any officer of such nagar panchayat pending at the said date shall be continued by or against the interim village panchayat as if such local area had been included in the village when such prosecutions, suits or proceedings were instituted;
5. (k) any law (other than the Municipal Act) of any rule, bye-law, notification or order issued under such law, which was applicable to and in force in the local area immediately before it was declared as a village under clause (g) of article 243 of the Constitution, shall continue to apply to and to be in force in the local area until it is superseded.

1. (2) The duration of the interim village panchayat shall be the same as that of the nagar panchayat had it continued to exist or till elections are held for reconstituting the interim village panchayat alongwith other village panchayats whichever is earlier.
2. (3) All arrears of rates, taxes and fees vesting in the interim village panchayat shall be recoverable under the provisions of this Act as if the rates, taxes and fees were imposed and recoverable under this Act.
3. (4) In other respects the provisions of this Act shall, mutatis mutandis, apply to the interim village panchayat and its members.
4. (5) If any difficulty arises,-
   • (i) in the constitution of the interim village panchayat which succeeds it, or (ii) in giving effect to the provisions of this section, the State Government may by order, as occasion may require, do notwithstanding anything contained in this Act or in the Municipal Act, anything which appears to it to be necessary to remove the difficulty.

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262. (1) When two or more villages cease to be villages and the local areas constituting such villages are amalgamated and declared-to be one village (hereinafter in this section referred to as “as amalgamated village”) by virtue of a notification under clause (g) of article 243 of the Constitution, with effect from the date on which such notification is issued (hereinafter in this section referred to as “the said date”) the following consequences shall ensue, that is to say-

1. (a) the panchayats of such local areas shall cease to exist and all the members of such panchayats shall vacate office;
2. (b) all powers and duties of such panchayats shall be exercised and performed by such person or persons (hereinafter referred to as the administrator or administrators”) as the State Government appoints in this behalf;
3. (c) the unexpended balance of the village funds and all the properties including arears of rates, taxes and fees belonging to such panchayats and all rights and powers which prior to the said date, vested in such panchayats shall, Subject to all charges and liabilities affecting the same, vest as the village fund—
   • (i) in the administrator or administrators until the panchayat for the amalgamated village is constituted and holds its first meeting under sub-section (1) of section 51, and
   • (ii) thereafter, the amalgamated panchayat;
4. (d) the unexpended balance of the village funds and all the properties (included arears of rates, taxes and fees) shall until amalgamated panchayat is constituted and holds its first meeting, be utilised for the benefit of the inhabitants of such local areas in such manner as the administrator or administrators may think fit;
5. (e) any appointment, notification, notice, tax, fee, cess, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted in respect of such local areas and in force on the said date shall continue in force and be deemed to have been made, issued, imposed or granted in respect of the amalgamated village until it is superseded or, modified by any appointment, notification, notice, tax, fee, cess, order, scheme, licence, permission, rule,bye-law or form made, imposed or granted under this Act;
6. (f) all budget estimates, assessments, assessment lists, valuations or measurements made or authenticated by such panchayats immediately before the said date shall be deemed to have been made or authenticated in respect of the amalgamated village under this Act;
7. (g) all debts and obligations incurred and all contracts made by or on behalf of such panchayats immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the amalgamated panchayat in exercise of the powers conferred on it by this Act;
8. (h) all officers and servants in the employ of such panchayats immediately before the said date shall be officers and servants of the amalgamated panchayat and shall until other provision is made in accordance with this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject on such date: Provided that it shall be competent to the administrator or administrators or the amalgamated panchayat, subject however, to the previous sanction of the State Government, to discontinue the services of any officer or servant who, in his, their or its opinion, is not necessary or suitable to the requirements of the service of the amalgamated panchayat, after giving such officer or servant such notice as is required to be given by the terms of his Effect of amalgamation of villages.

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employment and every officer or servant whose services are discontinued, shall be entitled to such leave, pension, provident fund and gratuity, as he would have been entitled to take or receive on being invalided out of service, as if the panchayat in the employ of which he was, had not ceased to exist;

1. (i) all proceedings pending at the said date before such panchayats shall be deemed to be transferred to, and continued by, the administrator or administrators or the amalgamated panchayat, as the case may be;

1. (j) all appeals pending before such panchayats at the said date shall so far as may be practicable, be disposed of by the administrator or administrators of the amalgamated panchayat, as the case may be;
2. (k) all prosecutions instituted by or on behalf of such panchayats and all suits or other legal proceedings instituted by or against such panchayats, or any officer of such panchayats pending at the said date shall be continued by or against the amalgamated panchayat. 1[(2) Within four months of the said date, a panchayat for amalgamated village shall be constituted in accordance with the provisions of this Act and such constituted panchayat, unless sooner dissolved under this Act, shall continue for five years from the date appointed for its first meeting and no longer.]

263. (1) Where by virtue of a notification issued under clause (g) of article 243 of

Constitution any village ceases to be a village is split up into two or more villages with effect from the date on which the village is so split up (hereinafter referred to as “the said date”), the following consequences shall ensue, that is to say—

1. (a) the panchayat constituted in respect of such local area shall stand dissolved and all the members of the panchayat shall vacate office;
2. (b) until for the respective new village, a village panchayat is constituted, the State Government shall appoint an administrator or administrators, to exercise the powers and perform the functions of the respective panchayat of the new village;
3. (c) the unexpended balance of the village fund and all properties, including arrears of rates, taxes and fees belonging to the dissolved panchayat shall subject to all charges and liabilities affecting the same, vest in such proportion and in such manner as the State Government may direct in the respective panchayat of the new village: Provided that until the respective panchayat for new village is constituted and it holds its first meeting under sub-section (1) of section 51, the unexpended balance of the fund and other properties vesting in the panchayat shall be held by the administrator of new village and shall be utilised by him for the benefit of the inhabitants of the new village in such manner as he may think fit,
4. (d) any appointment, notification, notice, tax, fee, cess, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted in respect of the area within the jurisdiction of the dissolved panchayat and in force on the said date shall continue in force and be deemed to have been made, issued imposed or granted in respect of the new village formed out of the said area until it is superseded or, modified by any appointment, notification, notice, tax, fee, cess, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under the law applicable thereto;
5. (e) all budget estimates, assessments, assessment lists, valuations or measurements made or authenticated by the dissolved panchayat immediately before the said date shall in so far as they relate to the new village be, deemed to have been made or authenticated in respect of the new village;

1. Sub-section (2) was substituted by Guj. 4 of 2017, s. 2.

Effect of division of village.

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1. (f) all debts and obligation incurred and all contracts made by or on behalf of the dissolved panchayat immediately before the said date and subsisting on the said date shall in, so far as they relate to the village formed in the area within the jurisdiction of the dissolved panchayat be the debts and obligations incurred by and the contracts made by the panchayat of the new village;
2. (g) all officers and servants in the employ of the dissolved panchayat immediately before the said date shall be allocated to the panchayat of the new village by the State Government in such manner as it may direct and until other provision is made in accordance with this Act, they shall receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject on the said date;
3. (h) all proceedings (including appeals) pending at the said date before the dissolved panchayat shall be deemed to be transferred to and continued by the panchayat of new village before which they would have been instituted, had the new village been formed when the proceedings were instituted: Provided that until the panchayat for the new village is constituted, the administrator appointed for the new village may deal with such proceedings and dispose them off;
   • (i) all prosecutions instituted by or on behalf of and all suits or other legal proceedings instituted by or against the dissolved panchayat or any officer thereof and pending at the said date shall be continued by, or against the panchayat of the new village, by, on behalf of or against which they would have been instituted, had the new village been formed when the prosecutions, suits or legal proceedings were instituted and until such panchayat is constituted, shall be continued by or against the administrator appointed for new village.

1[(2) Within four months of the said date, a panchayat for the respective new village

shall be constituted in accordance with the provisions of this Act and such constituted panchayat, unless sooner dissolved under this Act, shall continue for five years from the date appointed for its first meeting and no longer.] 264. (1) When, on account of the constitution of a new district or taluka under the Land Revenue Code, or for any other reason, the limits of a district, or as the case may be, a taluka are, during the term of office of the members of the district panchayat or, as the case may be, the taluka panchayat, altered so as to—

1. (a) include any area therein, or
2. (b) excluded any area therefrom, 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 interim increase in the number of members of the district panchayat or, as the case may be, the taluka panchayat, and the appointment of such additional members from amongst the members of panchayat who are elected from the area so included;
   • (ii) in a case falling under clause (b), the interim reduction in the number of members of the district panchayat, or, as the case may be, the taluka panchayat and the termination of office of the elected members of the district panchayat or, as the case may be, taluka panchayat who are elected as such members from the area so excluded;

1. Sub-section (2) was substituted by Guj. 4 of 2017, s. 3.

Consequences of alteration of limits of district or taluka.

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1. (iii) the term for which additional members so appointed shall hold office and the manner of filling casual vacancies of such members;
2. (iv) allocation of any officer or servant of the panchayat affected by the alteration of limits;
3. (v) the removal of any difficulty which may arise on account of any change referred to in clause (a) or clause (b).

1. (2) The district panchayat or the taluka panchayat, if any, functioning immediately before the alteration of the limits shall, subject to the addition or exclusion of member 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.
2. (3) If in consequence of the alteration of the limits of any district or taluka, the area excluded therefrom is included in any other district or taluka, then—
   • (a) such portion of the district or taluka fund, and other property of the district or taluka panchayat of the district or taluka from which the area is so excluded shall vest in, and be transferred to the district panchayat, or as the case may be, the taluka panchayat of the district, or as the case may be, the taluka in which such area is included, as the State Government may, by order in writing, direct;
   • (b) the rights, assests and liabilities of the district or taluka panchayat of the district or taluka from which the area is so excluded in respect of any contracts, agreements and other matters and things, arising in or relating to the area so excluded, shall vest in, and be transferred to, the district or taluka panchayat of the district or taluka in which the area is included;
   • (c) any notification, notice, tax, fee, cess, rule, bye-law, order, licence or permission issued, imposed, made or granted by the district or taluka panchayat in respect of the area so excluded shall be deemed to have been issued, imposed, made or granted by the district or taluka panchayat of the district or taluka in which the area is so included and shall continue in force until it is superseded in accordance with law;
   • (d) all proceedings relating to the area excluded from the district or taluka and pending before the panchayat on the date of such exclusion shall be transferred to and disposed of by the district or taluka panchayat of the district or taluka in which the area is included.