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

1. (1) (a) The President shall-
   • (i) convene, preside at, and conduct meetings of the taluka panchayat ;
   • (ii) have access to the records of the panchayat ;
   • (iii) discharge all the duties imposed, and exercise all the powers conferred on him by or under this Act;
   • (iv) watch over the financial and executive administration of the panchayat and submit to the panchayat all questions connected therewith which shall appear to him to require its orders; and
   • (v) exercise administrative supervision over the Taluka Development Officer for securing implementation of resolutions or decisions of the panchayat or of any committee thereof.
   • (b) The President may in cases of emergency direct the execution or suspension or stoppage of any work or the doing of any act which requires the sanction of the panchayat or any authority thereof, and immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public and may direct that the expenses of executing such work or doing such act shall be paid from the Taluka Fund: Provided that, he shall report forthwith the action taken under this sub-section, and the reasons therefor, to the Executive Committee or any appropriate Standing Committee at its next meeting.
2. (2) The Vice-President shall-
   • (a) in the absence of the President, preside at the meetings of the panchayat;
   • (b) exercise such of the powers and perform such of the duties of the President as the President from time to time may, subject to the rules made by the State Government in this behalf, delegate to him by an order in writing ; and
   • (c) pending the election of President, or during the absence of the President, exercise the powers and perform the duties of the President. 70. (1) Any member who intends to move a motion of no confidence against the President or Vice-President may give a notice thereof in the prescribed form to the panchayat. If the notice is supported by such number of members as may be prescribed, the motion may be moved.
3. (2) If the motion is carried by a majority of not less than two-thirds of the total number of the then members of the panchayat, the President or the Vice- President, as the case may be, shall cease to hold office after a period of three days from the date on which the motion is carried, unless he has resigned earlier; and thereupon the office held by such President or Vice-President shall be deemed to be vacant.
4. (3) Notwithstanding anything contained in this Act or the rules made thereunder a

President or Vice-President 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)(a) Notwithstanding anything contained in section l22, a meting of the

by the panchayat. Powers and functions of President and Vice - President. Motion of no confidence.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 29

1. (b) If the President of the panchayat fails to call such meeting, the Secretary of the panchaya shall make a report thereof to 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 receipt of the report.

necessary, if such member, President or Vice-President has been guilty or 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 under this Act. The President or as the case may be, the Vice-President 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, President or Vice-President 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: Provided that an action 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 prescribed authority. 72. (1) Any member other than an associate member of a panchayat who during his term of office:-
   • (a) is absent for more than three consecutive months from the taluka unless

lave not exceeding four months so to absent himself has been granted by the panchayat, or

1. (b) absents himself from four consecutive meetings of the panchayat without the leave of the said panchayat,

shall cease to be member and his office shall be vacant and thereupon 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.
2. (3) Whenever leave is granted under sub-section (1) to a member who is