Panchayat.

1. (1) The President may resign from his office by tendering his regignation in writing to the competent authority but the resignation shall not take effect until it is accepted by the competent authority.
2. (2) The Vice-President may resign from his office by tendering his resigna- tion in writing to the panchayat but the resignation shall not take effect until it is accepted by the panchayat. 1. Section 81was substituted by Guj. 15 of 2015, s.15. Honorarium and allowance, etc. to President and Vice-President and travelling allowances to members. Term of office of members of district panchayat and of President and Vice- President. Payment of honoratium to President during leave or absence. Resignation. Guj. 15 of 2015.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 33

1. (3) Any other member of the panchayat may resign by tendering his resignation to the President and the resignation shall take effect on the date on which it is accepted by the President.
2. (4) If any dispute regarding any resignation arises it shall be referred for decision to such officer as the State Government may by general or special order appoint in that behalf and the decision of such officer shall be final: 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.

83. (l) (a) The President shall-

1. (i) convene, preside at and conduct meetings of the district panchayat;
2. (ii) have access to the records of the panchayat;
3. (iii) discharge all duties imposed, and exercise all the powers conferred on him by or under this Act;
4. (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
5. (v) exercise administrative supervision over the District Development Officer for securing implementation of resolutions or decisions of the panchayat or of any Committee thereof.

1. (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 act shall be paid from the District 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 meetings.

1. (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. 84. (1) Any member who intends to move a motion of no confidence against the President or Vice-President may give 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.
2. (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 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 was carried unless he has resigned earlier; and thereupon the office held by such President or Vice-President shall be deemed to be vacant.
3. (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). Powers and functions of President and Vice-President. Motion of no confidence.

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1. (4) (a) Notwithstanding anything contained in section 144, 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 which a notice of such motion is received by the panchayat.
   • (b) If the President of the panchayat fails to call such meeting, the Secretary of the panchayat 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.

85. (1) The competent authority may remove from office any member of a panchayat

Removal or a President or Vice-President thereof after giving him an opportunity of being heard and due notice in that behalf to the panchayat and after such enquiry as it deems necessary, if such member, President or Vice-President 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 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 from his office of member, President or Vice-President or otherwise ceases to hold any such office and has been guilty of misconduct as specified in sub-section (1), or has been incapable of performing his duties:

Provided that such 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
2. (1) or (2) may, within a period of thirty days from the date of communication of such order, appeal to the prescribed authority.

86. (1) Any member of a panchayat who, during his term of office-

1. (a) is absent for more than three consecutive months from the district, unless leave not exceeding four months so to absent himself has been granted by the panchayat, or
2. (b) absents himself from four consecutive meetings of the panchayat without the leave of the said panchayat, shall cease to be a 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) to the member as to the vacancy.
2. (3) Whenever leave is granted under sub-section (1) to a member who is Vice-President, another member shall, subject to the conditions to which the election of the Vice-President, so absenting himself was subject, be elected to perform all the duties and exercise all the powers of a Vice-President during the period for which such leave is granted. 87. (1) The competent authority may suspend from office any President or Vice- President or Chairman of Committee 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. 1. In the marginal note, the word “education” was deleted by Guj. 15 of 2015, s. 16. Removal from office Suspension of President or Vice- President or Chairman of 1[*] Committee. Leave of absence.

1993 : Guj. 18] Gujarat Panchayats Act, 1993. 35

1. (2) Where any President or Vice-President or Chairman has been suspended under sub-section (1), another member shall, subject to the condition to which the election of the President, Vice-President or, as the case may be, Chairman suspended, was subject be elected to perform all the duties and exercise all the powers of a President or a Vice President or a Chairman, as the case may be, during the period for which such suspension continues.
2. (3) An appeal shall lie against an order passed under sub-section (1) to the State Government.