Schedule IV

(See section 278A) (Modifications subject to which this Act applies to the Scheduled Areas of the State.) 1. In section 2, after clause (19), the following clause shall be inserted, namely:- 2. For section 4, the following section shall be substituted, namely; “(19A) “Scheduled Areas” means the Scheduled Areas of the State as referred to in clause (1) of article 244 of the Constitution of India;” “4.(1) There shall be a gram sabha for a village for performing such functions as Gram Sabha are provided by or under this Act. (2) The gram sabha shall consist of persons whose names are included in the list of voters of electoral divisions of that village. (3) The gram sabha shall perform the following additional functions, namely:— (a) The gram sabha shall endeavour to safeguard and preserve the traditions and customs of the inhabitants of the village, their cultural identity, community resources and the customary mode of dispute resolution. (b) The gram sabha shall— (i) approve the plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the village panchayat; (ii) be responsible for the identification or selection of persons as beneficiaries under poverty alleviation and other programmes in the village.”. 3. In section 7, to sub-section (1), the following proviso shall be added, namely:— “Provided that while making a recommendation in respect of a local area in the Scheduled Areas it shall be ensured that the local area shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with the traditions and customs.”. 4. In section 9, in sub-section (5), in clause (a), after sub-clause (i), the following sub- clause shall be inserted, namely:— “(ia) In the case of a village panchayat, the whole local area of which comprises of any of the Scheduled Areas, the number of seats reserved for the Scheduled Tribes under sub-clause (i) shall be increased to such number as is not less than one-half of the total number of seats in the village panchayat.”. 5. In section 10, in sub-section (5), in clause (a), after sub-clause (i), the following sub-clause shall be inserted, namely :— “(ia) In the case of a taluka panchayat, the whole local area of which comprises of any of the Scheduled Areas, the number of seats reserved for the Scheduled Tribes under sub-clause (i) shall be increased to such number as is not less than one-half of the total number of seats in the taluka panchayat”. 6. In section 11, in sub-section (5), in clause (a), after sub-clause (i), the following sub-clause shall be inserted, namely:— “(ia) In the case of a district panchayat, the whole local area of which comprises of any of the Scheduled Areas the number of seats reserved for the Scheduled Tribes under sub-clause (i) shall be increased to such number as is not less than one-half of the total number of seats in the district panchayat”. 7. After section 11 the following section shall be inserted, namely:- 1 Schedules IV and V were added by Guj. 5 of 1998, s.3. Gram Sabha. 122 Gujarat Panchayats Act, 1993. [1993 : Guj. 18 “11 A. If for any reason an election does not result in the return of any member of Scheduled Tribes in a taluka panchayat or district panchayat, then the State Government may nominate from amongst members belonging to Scheduled Tribes who are qualified to be elected, such number of members as not to exceed one-tenth of the total members to be elected in that panchayat.”. 8. In section 51, in sub-section (2),- (1) for clause (a), the following shall be substituted, namely:- “(a) All offices of sarpanch of village panchayats in the State shall be reserved by the State Government for the Scheduled Tribes. Explanation.- For the purposes of this clause, “village panchayat” means the village panchayat, the whole local area of which comprises of the Scheduled Areas.”; (2) in clause (b), (a) in sub-clause (i) the word “and” shall be deleted; (b) sub-clause (ii) shall be deleted. 9. In section 63, in sub-section (2),- (i) for clause (a), the following shall be substituted, namely:- “(a) All offices of President of the taluka panchayats in the State shall be reserved by the State Government for the Scheduled Tribes. Explanation.- For the purposes of this clause, “taluka panchayat” means the taluka panchayat, the whole local area of which comprises of the Scheduled Areas.”; (2) in clause (b), (a) in sub-clause (i) the word “and” shall be deleted; (b) sub-clause (ii) shall be deleted. 10. In section 77, in sub-section (2),– (1) for clause (a), the following shall be substituted, namely:- “(a) All offices of President of the district panchayats in the State shall be reserved by the State Government for the Scheduled Tribes. Explanation.- For the purposes of this clause, “district panchayat” means the district panchayat, the whole local area of which comprises of the Scheduled Areas.”; (2) in clause (b),- (a) in sub-clause (i) the word “and” shall be deleted; (b) sub-clause (ii) shall be deleted. 11. In section 108, after sub-section (4), the following sub-section shall be added, namely :- (i) for clause (a), the following shall be substituted, namely:- “(5) (a) for the purposes of this Act, there shall be vested in the village panchayat minor forest produce found (except found in the areas of National Parks or Sanctuaries) in such area of a forest as is situate in the jurisdiction of that village. (b) The sale proceeds of the minor forest produce shall be paid into and form part of the village fund. (c) Nothing in clause (a) shall be construed as vesting in the village panchayat the land in the area of forest referred to in clause (a) and trees and plantations thereon. Nomination of members of Scheduled Tribes. 1993 : Guj. 18] Gujarat Panchayats Act, 1993. 123 Explanation.- For the purposes of this sub-section the expression “minor forest pro- duce” shall have the same meaning as assigned to it in clause (9) of section 2 of the Gujarat Minor forest Produce Trade Nationalization Act, 1979.” 12. In section 112 after sub-section (1), the following sub-section shall be inserted namely:- “(1A) The village panchayat shall obtain from the gram sabha a certificate of utilization of funds by that panchayat for the plans, programmes and projects referred to in sub-clause (i) of clause (b) of sub-section (3) of section 4,”. 13. After section 132, the following section shall be added, namely :- “ 132A. The taluka panchayat shall be consulted,- “(a) before acquiring under the Land Acquisition Act, 1894 any land, situate in the taluka for any development project; (b) before resettling or rehabilitation persons affected by such project.”. 14. In Schedule I,- (1) in entry 1, after sub-entry (i) the following sub-entry shall be inserted, namely :- “(ia) enforcing prohibition and regulating or restricting the sale and consumption of intoxicants;” ; (2) In entry 7, after sub-entry (k), the following sub-entry shall be inserted, namely :- “(k-i) Planning and management of water bodies; (3) after entry 10, the following entry shall be added, namely:- “(11) In the sphere of social sectors- the power to exercise control over institutions and functionaries in all social sectors.” 15. In Schedule II, in Part I, in entry 5, after sub-entry (d), the following sub-entry shall be added, namely :- “(e) control over local plans and resources for such plans including tribal sub-plans.” Taluka Panchayat to be consulted before acquisition of land rehabilitation of persons affected. Guj. 7 of 1979. 1 of 1894. 124 Gujarat Panchayats Act, 1993. [1993 : Guj. 18