Government in this behalf.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made—
   • (a) for the whole or any part of the State of Gujarat and for all or any panchayat,
   • (b) to provide for all matters expressly required or allowed by this Act to be presribed by rules, and
   • (c) to provide that a contravention of any rule prescribing the duties and obligations of any person liable to pay any tax or fee made under sub-section (2) of section 200 or sub- section (1) of section 212 shall be punishable with fine which may extend to two hundred rupees and in the case of a continuing contravention with fine which may extend to twenty five rupees for every day during which the contravention continues after conviction for the first contravention.
3. (3) Such rules may also provide for the levy of fees for the inspection or search of any document issued under this Act or of any record maintained under or for the purposes of this Act and for giving copies of or extracts from such document or record and the scale of such fees.
4. (4) The power to make rules in respect of matters required to be determined by rules under sub-section (4) of section 65 and sub-section (5) of section 79, and sections 125 and 148 may be exercised either prospectively or retrospectively. 1[(5) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication: Provided that if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with the previous publication of any rule to be made under this section: Provided further that such previous publication of the rules shall not be necessary where the rules provide for any of the matters specified in Chapter XIII.]
5. (6) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the Legislature may make during the session in which they are so laid, or the session immediately following.
6. (7) Any modifications so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.

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

make bye-laws for a village panchayat generally for carrying out the purposes of this Act.

1. (2) Without prejudice to the generality of the foregoing provision, the district panchayat may make bye-laws:—

1. Sub-Section (5) was substituted by Guj. 22 of 2015, s.10.

Members, etc. of panchayats, and servants, etc. to be public servants. Previous sanction for prosecution against Sarpanch, Chairman, President, etc. Power of Government to make rules. Bye-laws. 45 of 1860.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 107

1. (i) for the purification and protection from pollution of all sources of water used for drinking purposes and the regulation of water supply;
2. (ii) for the prohibition of the removal or use for drinking purposes of any water from any stream, tank, well or other source, where such removal or use causes, or is likely to cause, disease or injury to health, and the prevention of such removal or use by the filling in or covering over to such tank, or well, or by any other method which may be considered advisable;
3. (iii) for the prohibition of the deposit or storage of manure, refuse, or other offensive matter in a manner or in places prejudicial to the public health, comfort or convenience;
4. (iv) for the regulation of offensive callings or trades;
5. (v) for the disposal of corpse by burning or burial;
6. (vi) for the excavation of earth and the filling up of excavations and depressions injurious to the health or offensive to the neighbourhood;
7. (vii) for the removal of noxious vegetation;
8. (viii) for the repair and removal of dangerous or runious buildings;
9. (ix) for the prevention of the erection of buildings without adequate provisions for ventilation or the laying out and location of streets;
10. (x) for the control of fairs and bazars and the regulation of markets, slaughter houses and cart stands;
11. (xi) for the inspection and destruction of unfit food and drink exposed for sale;
12. (xii) for the general regulation of sanitation and conservancy and the disposal of carcasses of dead animals;
13. (xiii) for the temporary erection on, or projection over, or temporary occupation or, any public street or place;
14. (xiv) for the regulation of any matter specified in Schedule I by the issue of licences or permits or in any other manner.

1. (3) Any bye-laws made under this section may provide for the levy of fees in respect of any matter provided for in the bye-law.
2. (4) Any bye-law made under this section may provide that a contravention thereof shall be punishable—
   • (a) with a fine which may extend to two hundred rupees;
   • (b) in the case of a continuing contravention with a fine, which may extend to twenty five rupees per day after conviction for the first contravention during the period within which such contravention continues. 276. (1) In this section unless the context otherwise requires-
   • (a) “appointed day” means such date as the State Government may, by notification in the Official Gazette appoint;
   • (b) “an existing panchayat” means a gram panchayat, taluka panchayat or district panchayat existing immediately before the appointed day, and where any such panchayat has been superseded or dissovled includes the person or persons appointed to exercise the powers or to perform the functions of such panchayats;
   • (c) “the successor panchayat” means a village panchayat, taluka panchayat or district panchayat constituted under this Act for such local area as corresponds to the respective local area of the existing gram panchayat, taluka panchayat or district panchayat.
3. (2) With effect on, and from the appointed day the Gujarat Panchayats Act, 1961 shall stand repealed and the following consequences shall ensue, that is to say— Repeal and savings. Guj. 6 of 1962.

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

1. (a) all property, movable and immovable, and all interests of whatsoever and kind therein, which vested in an existing panchayat, immediately before the appointed day, shall be deemed to be transferred to, and shall vest in the successor panchayat, subject to all limitations, conditions and rights or interests of any person, body or authority in force or subsisting immediately before the appointed day;
2. (b) all rights, liabilities and obligations of an existing panchayat, (including those arising under any agreement or contract) shall be deemed to be the rights, liabilities and obligations of the successor panchayat;
3. (c) any functions relating to recovery of land revenue and cesses under the Land Revenue Code and law relating, to collection of cesses ; any functions of district school boards; any functions under the Gujarat Co-operative Societies Act, 1961 and any functions of the State Government under any enactment or any other function of the State Government, transferred to an existing panchayat under the repealed Act shall be deemed to have been transferred to the successor panchayat under this Act;
4. (d) all sums due to an existing panchayat, whether on account of any tax or otherwise, shall be recoverable by the successor panchayat and for the purposes of such recovery the successor panchayat, shall be competent to take any measure or institute any proceedings which it would have been open to an existing panchayat, or any authority thereof to take or institute before the appointed day;
5. (e) the unexpended balance in the Gram Fund, Taluka Fund, District Fund or, as the case may be, District Family Welfare Fund constituted under the Repealed Act and all sums due to an existing panchayat and such sums of any other body or bodies as the State Government may direct shall form part of, and be paid into, the respective village fund, taluka fund, district fund or, as the case may be, District Family Welfare Fund of the successor panchayat constituted under this Act;
6. (f) the unexpended balance in the State Equalisation Fund, District Equalisation Fund, District Gram Encouragement Fund and District Development Fund established under the repealed Act shall form part of and paid into corresponding fund established under this Act;
7. (g) all contracts made with, and all instruments executed by or on behalf of an existing panchayat shall be deemed to have been made, with, or executed by or on behalf of the successor panchayat, and shall have effect accordingly;
8. (h) all proceedings and matters pending before the existing panchayat or any authority of an existing panchayat, under the Repealed Act immediately before the appointed day, shall be deemed to have been instituted and to be pending before the successor panchayat or such authority as the successor panchayat may direct;
   • (i) in all suits and legal proceedings pending on the appointed day in or to which an existing panchayat, is a partly, the successor panchayat, shall be deemed to be substituted thereof;
9. (j) any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, bye-law, regulation or form made, issued, imposed or granted in respect of the local area of an existing panchayat under the Repealed Act and in force immediately before the appointed day, shall, in so far as it is not inconsistent with the provisions of this Act, continue to be in force as if made, issued, imposed or granted in respect of the corresponding local area of the successor panchayat under this Act untill superseded or modified by any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, bye-law, regulation or form made, issued, imposed or granted under this Act; Guj. 10 of 1962.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 109

1. (k) all budget estimates, assessments, assessment lists, valuations or measurements made or authenticated by or in respect of an existing panchayat under the Repealed Act and in force immediately before the appointed day shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been made or authenticated by the successor panchayat;
2. (l) all officers and servants in the employment of an existing panchayat immediately before the appointed day, shall, subject to the provisions of this Act be deemed to be transferred to the service of the successor panchayat;
3. (m) any reference in any law or in any instrument to the provision of the Repealed Act, or any authority constituted elected or appointed thereunder shall, unless a different

under this Act.

277. (1) For the purpose of bringing the provisions of any law in force in the territory of

this state into accord with me provisions of this Act, the State Government may by order published in the Official Gazette make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order have effect subject to adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law.

1. (2) Nothing in sub-section (1) shall be deemed—
   • (a) to empower the State Government to make any adaptation or modification of any law after the expiration of four years from the commencement of this section, or
   • (b) to prevent the State Legislature or other competent authority from repealing or amending any law adapted or modified by the State Government under this section. Explanation :—The expression “law in force” in this section, shall include a law passed or made by the State Legislature or other competent authority in State before the commencement of this section and not previously repealed, notwithstanding that it or parts of it may not be then in operation either in all, or any particular areas in the State.