Government.

1. (1) There shall be a State Council for panchayats consisting of the following members, namely:-
   • (A) Chairman :-
     • (i) Minister in charge of the Department dealing with Panchayats Organization of the State;
   • (B) Vice-Chairman :-
     • (ii) The Minister of State dealing with the Panchayats Organization of the State or

if there is no such Minister of State, the Deputy Minister dealing with such Organization,

or in the absence of both such Ministers, the Parliamentary Secretary dealing with such Organization: Provided that where there is no person holding any of such offices, the Vice- Chairman shall be elected by the Council from amongst its members;

1. (C) Members:-
   • (iii) Presidents of the district panchayats;
   • (iv) Seven members to be nominated by the State Government from amongst persons taking interest in the development of panchayats. Out of these one shall be a woman and one shall be a person from Scheduled Castes and one shall be a person from amongst the Scheduled Tribes if none of the members falling under clause (iii) is a person belonging to a Scheduled Tribe;
   • (v) three Officers to be nominated by the State Government;
   • (vi) three members to be elected by the members of the Gujarat Legislative Assembly from amongst themselves.

1. (2) Such officer as the State Government may appoint in this behalf shall act as a Secretary to the Council.
2. (3) The functions of the Council so constituted shall be as under:-
   • (a) to advise the State Government on all general questions pertaining to panchayats;
   • (b) to advise the State Government in respect of a scheme for the training of Secretaries and other servants of panchayats;
   • (c) to review the administration of panchayats and to suggest ways of co¬ordinating the activities of panchayats in the State;
   • (d) to suggest ways and means to remove the difficulties experienced by the panchayts in the State in their administration; Constitution of State Council for panchayats, its functions, etc.

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

1. (e) to make sue moto recommendations to the State Government in regard to any matter relating to the administration of the panchayats;
2. (f) to report to the State Government on such matters as may be referred to it by the State Government for its opinion.

1. (4) The State Government may by general or special order provide for-
   • (a) the calling of the meetings of the council and the procedure of meeting;
   • (b) duties of the Secretary for the Council;
   • (c) sub-committees of the Council;
   • (d) the term of office of nominated members of the Council, travelling allowance and daily allowance to the members of the Council and the rate thereof.
2. (5) The term of office of the member elected by the Members of the Gujarat Legislative Assembly shall expire on the expiry of his term as the member of the Gujarat Legislative Assembly or if he otherwise ceases to be such member.
3. (6) Any elected or nominated member of the Council may resign from the membership by tendering his resignation in writing to the Chairman and the resignation shall take effect from the date on which it is accepted by the Chairman who shall give intimation of the vacancy—
   • (a) to the State Government in the case of the resignation of a nominated member, and
   • (b) to the Secretary to the Gujarat Legislative Assembly in the case of the resignation of a member elected by that Assembly. 267. (1) Every member of a panchayat or its Committee shall be personally liable for the loss, waste or misapplication of any money or other property of panchayat to which he has been party, or which has been caused or facilitated by his misconduct or gross neglect of his duty as a member.
4. (2) If after giving the member concerned a reasonable opportunity for showing cause to the contrary, an officer authorised by the State Government is satisfied that the loss, waste or misapplication of any money or other property of the panchayat is a direct consequence of misconduct or gross negligence on his parts the officer so authorised shall by an order in writing, direct such member to pay to the panchayat before a fixed date, the amount required to be reimbursed to it for such loss, waste or misapplication.
5. (3) If the amount is not so paid, it shall be recovered as an arrear land reveue and credited to the fund of the relevant panchayat.
6. (4) Any person aggrieved by the decision or action of the officer so authorised may apply to the District Court as provided in sub-section (6) of section 121, within the like time for redress of his grievance and that court may pass any order thereon which it can pass under that sub-section.

268. (1) Where, the officer authorised in this behalf by the State Government is of the

opinion that any person, who in his capacity as a member, officer, servant, or secretary of a panchayat had, in his custody any record, money or other property belonging to the panchayat is after his retirement, removal or suspension from office, as the case may be, not likely to deliver such record or property or pay such money, the officer so authorised may, by a written order, require that the record, property or money so detained be delivered or paid to the panchayat forthwith.

1. (2) If any such person as aforesaid shall not deliver the record or property or pay the money as directed, the officer so authorised may cause him to be apprehended may send him with a warrant in such form as may be prescribed to be confined in a civil jail till he delivers the record or property or pays the money: Provided that no such person shall be so detained in confinement for a period longer than one calender month. Liabilities of members for loss, waste or misapplication. Power of authorised officer to recover record and money.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 105

1. (3) It shall be lawful for the officer so authorised-
   • (a) for recovering any such money to direct that such money be recovered as an arrear of land revenue and on such direction being given, such money shall be recoverable as an arrear of land revenue from such person;
   • (b) for recovering any such record or property to issue a search warrant and to exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter 7 of the Code of Criminal Procedure, 1973.
2. (4) No action under sub-section (1), (2) or (3) shall be taken unless reasonable opportunity has been given to the person concerned to show cause why such action should not be taken against him.