Provided that no such dispute shall be enteretained after the expirty of a period of thirty days from the date on which the resignation takes effect.

1. (1) Save as otherwise expressly provided by or under this Act, the executive power, for the purpose of carrying out the provisions of this Act and the resolutions passed by a village panchayat shall vest in the Sarpanch thereof who shall be directly responsible for the due fulfilment of the duties imposed upon the panchayat by or under this Act. In the absence of the Sarpanch his power and duties shall, save as may be otherwise prescribed by rules, be exercised and performed by the Upa-Sarpanch. Duty of retiring Sarpanch, etc. to handover charge of office. Term of office of members of village panchayats and of Sarpanch, etc. thereof. Resignation of members, Sarpanch or Upa -Sarpanch. Executive functions of Sarpanch, or Upa -Sarpanch

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 23

1. (2) Without prejudice to the generality of the foregoing provision:-
   • (a) the Sarpanch shall-
     • (i) preside over and regulate the meeting of the panchayat;
     • (ii) exercise supervision and control over the acts done and actions taken by all officers and servants of the panchayat;
     • (iii) incur contingent expenditure upto 1[five hundred rupees] at any one occasion;
     • (iv) operate on the fund of the panchayat including authorisation of payment, issue of cheques and refunds;
     • (v) be responsible for the safe custody of the fund of the panchayat;
     • (vi) cause to prepared all statements and reports required by or under this Act ;
     • (vii) exercise such other powers and discharge such other functions as may be conferred or imposed upon him by this Act or rules made thereunder,
   • (b) the Upa-Sarpanch shall--
     • (i) in the absence of the Sarpanch preside over and regulate the meetings of the panchayat;
     • (ii) exercise such of the powers and perform such of the duties of the Sarpanch as the Sarpanch may, from time to time delegate to him ;
     • (iii) in case the Sarpanch has been continuously absent from the village for more than fifteen days or is incapacitated to exercise the powers and perform the duities of the Sarpanch.
2. (3) In the absence of both the Sarpanch and the Upa-Sarpanch, every meeting of the panchayat shall be presided over by such one of the members present as may be chosen by

the meeting to be Chairman for the occasion.

1. (4) Notwithstanding anything contained in clause (iv) of sub-section (2), no money shall be withdrawn from the fund of the panchayat except with the signature of the 2[Sarpanch or a member of the panchayat authorized in that behalf by the panchayat, and the Secretary]. 56. (1) Any member who intends to move a motion of no confidence against the Sarpanch or the Upa-Sarpanch may give notice thereof in the prescribed form to the panchayat concerned. If the notice is supported by one half of the total number of members of the panchayat concerned, the motion may be moved.
2. (2) Where in the case of the Sarpanch or, as the case may be, the Upa-Sarpanch, the motion is carried by a majority of not less than two-thirds of the total number of the members of the panehayat, the Sarpanch or, as the case may be, the Upa-Sarpanch shall cease to hold office after a period of three days from the date on which the motion is carried unless he has resigned and the resignation has become effective earlier ; and thereupon the office held by him shall be deemed to have become vacant.
3. (3) Notwithstanding anything contained in this Act or the rules made thereunder a Sarpanch or, as the case may be, an Upa-Sarpanch, shall not preside over a meeting in which a motion of no confidence is discussed against him, but he shall have a right to speak or otherwise to take part in the proceedings of such a meeting (including the right to vote).
4. (4) When the offices of both the Sarpanch and Upa-Sarpanch become vacant simultaneously, such Officer as the Taluka Development Officer may authorise in this behalf shall, pending the election of the Sarpanch, exercise all the powers and preform all the functions and duties of Sarpanch but he shall not have the right to vote in any meetings of the panchayat.
5. (5) (a) Notwithstanding anything contained in section 91 or 95 a meeting of the panchayat for dealing with a motion of no confidence under this section shall be called

within a period of fifteen days from the date on which the notice of such motion is received

by the panchayat ;

1. These words were substituted for the words “fifty rupees” by Guj. 15 of 2015, s. 11.

2. These words were substituted for the words “Sarpanch and any one of the two other members of the Panchayat authorised in that behalf by the panchayat” by Guj. 19 of 2017, s. 3.

Motion of no

confindence.

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

1. (b) If the Sarapnach fails to call such meeting, the Secretary of the panchayat shall forthwith make a report thereof the competent authority and thereupon the competent

authority shall call a meeting of the panchayat within a period of fifteen days from the

date of the reciept of the report. 57. (1) The competent authority may remove from office any member of the panchayat, the Sarpanch or, as the case may be, the Upa-Sarpanch therof, after giving him an opportunity of being heard and giving due notice in that behalf to the panchayat and after such inquiry as it deems necessary, if such member, Sarpanch or, as the case may be, Upa-Sarpanch has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or abuses his powers or makes persistent default in the performance of his duties and functions under this Act or has become

incapable of performing his duties and functions under this Act. The Sarpanch or, as the

case may be, the Upa-Sarpanch, so removed may at the discretion of the competent authority also be removed from the membership of the panchayat.

1. (2) The competent authority may, after following the procedure laid down in

sub -section (1) disqualify for a period not exceeding five years any person who has resigned

his office as a member, Sarpanch or Upa-Sarpanch, or otherwise ceased to hold any such office and has been guilty of misconduct specified in sub-section (1) or has been incapable of performing his duties and functions:

Provided that an action under this sub-section shall be taken within six months

from the date on which the person resigns or ceases to hold any such office;

1. (3) Any person aggrieved by an order of the competent authority under sub- section (1) or (2) may, within a period of thirty days from the date of the communication of such order, appeal to the State Government.

58. (1) Any member of a village panchayat who during his term of office-

1. (a) is absent for more than three consecutive months from the village unless leave not exceeding four months so to absent himself has been granted by the panchayat; or
2. (b) absents himself for four consecutive months from the meetings of the

panchayat shall as soon as may be inform him that the vacancy has occurred.

1. (2) Any dispute as to whether a vacancy has or has not occurred under this section shall be referred for decision to the competent authority, whose decision shall be final: Provided that such reference shall not be entertained if it is made after the expiry of

fifteen days from the date on which the panchayat informs under sub-section (1) the

member as to the vacancy.

1. (3) Whenever leave is granted under sub-section (1) to a member who is an Upa-Sarpanch, another member shall, subject to the conditions to which the election of the Upa-Sarpanch so absenting himself was subject, be elected to perform all the duties

and exercise all the powers of an Upa-Sarpanch during the period for which such leave is

granted.

59. (1) The District Development Officer may suspend from office the Sarpanch or the

Upa-Sarpanch of a village panchayat against whom any criminal proceedings in respect of an offence involving moral turpitude have been instituted or who has been detained in a prison during trial for any offence or who is undergoing such sentence of imprisonment as would not disqualify him from continuing as a member of the panchayat under section 30 or who has been detained under any law relating to preventive detention for the time being in force. Removal from office. Leave of absence. Suspension of Sarpanch or Upa-Sarpanch.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 25

1. (2) Where any Sarpanch or Upa-Sarpanch, has been suspended under sub-section
2. (1) another member of the village panchayat shall, subject to the conditions to which the election of the Sarpanch or Upa-Sarpanch, so suspended was subject, be elected to perform all the duties and exercise all the powers of a Sarpanch or Upa-Sarpanch, during the period for which such suspension continues.
3. (3) An appeal shall lie against an order passed under sub-section (1) to the State Government.