The Gujarat Panchayats Act, 1961

This Act may be called the Gujarat Panchayats (Third Amendment) Act, 1963.

In the Gujarat Panchayats Act, 1961 (hereinafter referred to as "the principal Act"), in sub-section

1. (1) of section 53, for the words beginning with the words "Any vacancy" and ending with the words "or a member of a panchayat" the following shall be substituted, namely :— "Any vacancy in the office of a Sarpanch, Upa-Sarpanch, Chairman, Vice-Chairman or member of a panchayat of which notice has been given to the competent authority in the prescribed manner."

In section 65 of the principal Act, in sub-section (1), for the words beginning with the words "Any vacancy" and ending with the words "or member of a panchayat" the following shall be substituted, namely :—

"Any vacancy in the office of a President, Vice-President or a member of a panchayat of which notice has been given to the competent authority in the prescribed manner".

In section 77 of the principal Act, in sub-section (1), for the words beginning with the words "Any vacancy" and ending with the words "or a member of a panchayat" the following shall be substituted, namely :—

"Any vacancy in the office of a President, Vice-President or member of a panchayat of which notice has been given to the competent authority in the prescribed manner".

In section 192 of the principal Act,—

1. (1) for sub-section (2), the following sub-section shall be substituted, namely:— "(2) If any person fails to pay any tax or fee or any other sum due from him to a panchayat under this Act or the rules on or before the specified date of payment, he shall pay to the panchayat by way of penalty in addition to the tax, fee or sum, as the case may be, an amount equal to one percent of the amount of the tax or fee or sum, as the case may be, for each complete month during the time he continues to make default in the payment of tax, fee or sum, as the case may be: (2A) In the case of a person who is a defaulter under sub-section (2), the panchayat shall cause a writ of demand in the prescribed form to be served on such person.";
2. (2) in sub-section (7), for the words "other sum" the words and brackets "other sum (including penalty)" shall be substituted.

In the principal Act, after section 193, the following Chapter and sections shall be inserted, namely :—

"CHAPTER IXA. POWER TO EVICT PERSONS FROM PREMISES BELONGING TO PANCHAYATS. Power to certain persons in panchayat premises. 193 A.

1. (1) If a panchayat is satisfied—
   • (a) that the person authorised to occupy any premises belonging to it (hereinafter referred to as "the panchayat premises") as a tenant or otherwise has—
     • (i) not paid rent lawfully due from him in respect of such premises for a period of more than two months, or
     • (ii) sub-let, without the permission of the panchayat, the whole or any part of such premises, or
     • (iii) acted in contravention of any of the terms, express or implied under which he is authorised to occupy such premises, or
   • (b) that any person is in unauthorised occupation of any panchayat premises, the panchayat may, notwithstanding anything contained in any law for the time being in force, by notice served
     • (i) by post, or
     • (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or
     • (iii) in such other manner as may be prescribed, order that, that person as well as any other person who may be in occupation of the whole or any part of the premises, shall vacate them within one month of the date of service of the notice.
2. (2) Before an order under sub-section
3. (1) is made against any person the panchayat shall inform the person by notice in writing of the grounds on which the proposed order is to be made and give him a reasonable opportunity of tendering an explanation and producing evidence, if any, and to show cause why such order should not be made, within a period to be specified in such notice. If such person makes an application to the panchayat for extension of the period specified in the notice the panchayat may grant the same on such terms as to payment and recovery of the amount claimed in the notice as it deems fit. Any written statement put in by such person and documents produced in pursuance of such notice shall be filed with the record of the case and such person shall be entitled to appear before the panchayat by advocate, attorney or pleader. Such notice in writing shall be served in the manner provided for service of notice under sub-section (1).
4. (3) If any person refuses or fails to comply with an order made under sub-section (1), the officer authorised by the panchayat in this behalf may evict that person from, and take possession of, the premises and may for that purpose use such force as may be necessary.
5. (4) If a person, who has been ordered to vacate any premises on the grounds mentioned in sub-clause
   • (i) or
   • (iii) of clause
   • (a) of sub-section
6. (1) within one month of the date of service of the notice or such longer time as the panchayat may allow, pays to the panchayat, the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the panchayat, the panchayat shall, in lieu of evicting such person under sub-section (3), cancel its order made under sub-section
7. (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him. Explanation.—For the purposes of this section and section 193B, the expression "unauthorised occupation", in relation to any person authorised to occupy any panchayat premises, includes the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined. Power to recover rent as arrears of revenue. 193B.
8. (1) Subject to any rules made by the State Government in this behalf, without prejudice to the provisions of section 193 A, where any person is in arrears of rent payable in respect of any panchayat premises, the panchayat may, by notice served
   • (i) by post, or
   • (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or
   • (iii) in such other manner as may be prescribed, order such person to pay the same within such time not being less than ten days as may be specified in the notice. If such person refuses or fails to pay, the arrears of rent within the time specified in the notice, such arrears may be recovered as arrears of land revenue.
9. (2) Where any person is in unauthorised occupation of any panchayat premises, the panchayat may, in the prescribed manner, assess such damages, on account of the use and occupation of the premises as it may deem fit, and may by notice served
   • (i) by post, or
   • (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or
   • (iii) in such other manner as may be prescribed, order that person to pay the damages within such time as may be specified in the notice. If any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered from him as arrears of land revenue.
10. (3) No order shall be made under sub-section
11. (2) until after the issue of a notice in writing to the person calling on him to show cause, within a reasonable period to be specified in such notice, why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same have been considered by the panchayat. Recovery of dues from certain cases. 193C.
12. (1) Without prejudice to the provisions of section 193 A any person who has been allotted any panchayat premises and is an employee of the State Government or a local authority may execute an agreement in favour of the panchayat providing that his employer shall be competent to deduct from the salary or wages payable to him by the employer such amount as may be specified in the agreement and to pay the amount so deducted to the panchayat in satisfaction of the rent due by him in respect of the panchayat premises allotted to him.
13. (2) Notwithstanding anything contained in any law for the time being in force, on the execution of such agreement, the State Government or, as the case may be, the local authority shall, if so required by the panchayat by a requisition in writing".

1. (1) After making such inquiries as may be prescribed, the competent authority may recommend any local area comprising a revenue village, or a group of revenue villages, or hamlets forming part of a revenue village, for being specified a village under clause
   • (g) of article 243 of the Constitution, if the population of such local area does not exceed fifteen thousand.
2. (2) After consultation with the taluka panchayat, the district panchayat and village panchayat concerned (if already constituted), the competent authority may at any time recommend inclusion within or exclusion from any village any local area or otherwise alteration of limits of any village, or recommend cesser of any local area to be a village, to the Governor for exercise of his powers under clause
   • (g) of article 243 of the constitution.

1. (1) The village panchayats, taluka panchayats, district panchayats and gram sabhas shall constitute the Panchayat Organisation of the State of Gujarat.
2. (2) The State Government shall exercise its control over the panchayats either directly or through such officer or officers as it may, by general or, special order appoint for the purpose.

1. (1) A village panchayat shall consist of such number of members as provided in sub-section (4);
2. (2) The members of a village panchayat shall be elected from amongst the qualified voters of the village; (3)
   • (a) A village Panchayat shall have a Sarpanch and an Upa-Sarpanch.
   • (b) The Sarpanch shall be elected by ballot by the qualified voters of the village from amongst themselves.
   • (c) The Upa-Sarpanch shall be elected by the members of the village panchayat from amongst themselves.
3. (4) A village panchayat of a village having population not exceeding three thousand shall consist of seven members and in case of a village panchayat where the population of the village exceeds three thousand, than for every one thousand or part thereof in excess of three thousand, the said number of seven shall be increased by two. (5)(a)(i) Seats shall be reserved by the State Government for the Scheduled Castes and the Scheduled Tribes in every village panchayat in the State and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in that panchayat as the population of the Scheduled Castes in the village or as the case may be of the Scheduled Tribes in that village bears to the total population of that village, and such seats shall be allotted by the State Election Commission by rotation to different wards in that village in the prescribed manner.
   • (ii) Where in a village there is in the opinion of the State Government population of socially and educationally backward classes, there shall be reserved by the State Government for the socially and educationally backward classes one tenth of the total number of seats in a village panchayat and such seats shall be allotted by the State Election Commission by rotation to different wards in that village in the prescribed manner.
   • (b) One third of the total number of seats reserved under clause
   • (a) shall, be reserved by the State Government for women belonging to the Scheduled Castes, the Scheduled Tribes or, as the case may be, the socially and educationally backward classes.
   • (c) One third (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the socially and educationally backward classes) of the total number of seats in a village panchayat shall be reserved by the State Government for women and such seats shall be allotted by the State Election Commission by rotation to different wards in the village in the prescribed manner.

1. (1) A taluka panchayat shall consist of elected members as provided in sub-section (4).
2. (2) The elected members of a taluka panchayat shall be elected from amongst the qualified voters of the taluka.
3. (3) A taluka panchayat shall have a president and vice president elected by its elected members from amongst themselves.
4. (4) A taluka panchayat of a taluka having population not exceeding one lakh shall consist of fifteen members and in case of a taluka panchayat where the population of the taluka exceeds one lakh, then for every twenty-five thousand or part thereof in excess of one lakh, the said number of fifteen shall be increased by two. (5) (a)
   • (i) Seats shall be reserved by the State Government for the Scheduled Castes and the Scheduled Tribes in every taluka panchayat in the State and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that panchayat as the population of the Scheduled Castes in the taluka or as the case may be, of the Scheduled Tribes in the taluka bears to the total population in the taluka and such seats shall be allotted by the State Election Commission by rotation to different territorial constituencies in that taluka in the prescribed manner.
   • (ii) One tenth of the total number of seats in a taluka panchayat shall be reserved by the State Government for socially and educationally backward classes and such seats shall be allotted by the State Election Commission by rotation to different territorial constituencies in that taluka in the prescribed manner.
   • (b) One third of the total number of seats reserved under clause
   • (a) shall be reserved by the State Government for women belonging to the Scheduled Castes, the Scheduled Tribes or as the case may be socially and educationally backward classes.
   • (c) One third (including the number of seats reserved for women belonging to the Schedule Castes, the Scheduled Tribes and socially and educationally backward classes) of the total number of seats to be filled by direct election in a taluka panchayat shall be reserved by the State Government for women and such seats shall be allotted by the State Election Commission by rotation to different territorial constituencies in taluka in the prescribed manner.
5. (6) Members of the Gujarat Legislative Assembly elected from any constituency in the taluka or a part thereof, shall be permanent invitees to such taluka panchayat, but such invitees shall not have the right to vote in the meetings of the Taluka panchayat : Provided that when a person ceases to be a member of the Gujarat Legislative Assembly, he shall cease to be a permanent invitee to the Taluka Panchayat. Explanation :-For the removal of doubts, it is hereby clarified that status of a permanent invitee shall not be construed to be that of a member of the Taluka Panchayat referred to in clauses
6. (3) and
7. (4) of article 243C of the Constitution of India.

1. (1) A district panchayat shall consist of elected members as provided in sub-section (4).
2. (2) The elected members of a district panchayat shall be elected from amongst the qualified voters of the district.
3. (3) A district panchayat shall have a president and a vice-president elected by its elected members from amongst themselves.
4. (4) A district panchayat of a district having population not exceeding four lakhs shall consist of seventeen members and in case of a district panchayat where the population of the district exceeds four lakhs, then for every one lakh or part thereof in excess of four lakhs, the said number of seventeen shall be increased by two. (5)(a)(i) Seats shall be reserved by the State Government for the Scheduled Castes and the Scheduled Tribes in every district panchayat in the State and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled in by direct election in that panchayat as the population of the Scheduled Castes in the district or as the case may be the Scheduled Tribes in the district bears to the total population in the district, and such seats shall be allotted by the State Election Commission by rotation to different territorial constituencies in that district in the prescribed manner.
   • (ii) One tenth of the total number of seats in a district panchayat shall be reserved by the State Government for socially and educationally backward classes and such seats shall be allotted by the State Election Commission by rotation to different territorial constituencies in that district in the prescribed manner.
   • (b) One third of the total number of seats reserved under clause
   • (a) shall be reserved by the State Government for women belonging to the Scheduled Castes, the Scheduled Tribes or, as the case may be, the socially and educationally backward classes.
   • (c) One third (including the number of seats reserved for women belonging to the Schedule Castes, the Scheduled Tribes and socially and educationally backward classes) of the total number of seats to be filled by direct election in a district panchayat shall be reserved by the State Government for women and such seats shall be allotted by the State Election Commission by rotation to different territorial constituencies in the district in the prescribed manner.
5. (6) Members of the Gujarat Legislative Assembly elected from any constituency in the District or a part thereof shall be permanent invitees to the District Panchayat, but such invitees shall not have the right to vote in the meetings of the District Panchayat : Provided that when a person ceases to be a Member of the Gujarat Legislative Assembly, he shall cease to be a permanent invitee to the District Panchayat. Explanation :—For the removal of doubts, it is hereby clarified that status of a permanent invitee shall not be construed to be that of a member of the District Panchayat referred to in clauses
6. (3) and
7. (4) of article 243 C of the Constitution of India.

1. (1) The headquarters of a district panchayat and a taluka panchayat shall be located at such place in the district or, as the case may be, taluka as the State Government may by order in writing direct.
2. (2) Where the headquarters of a district or taluka are located in a city or municipal borough, it shall be lawful for the district panchayat of the district or, as the case may be, the taluka panchayat of the taluka to hold property in such city or, as the case may be, municipal borough notwithstanding that the area within the limits of such city or municipal borough is not included in the district or, as the case may be, municipal borough.

1. (1) Every panchayat, unless sooner dissolved under this Act shall continue for five years from the date appointed for its first meeting and no longer.
2. (2) An election to constitute a panchayat shall be completed--
   • (a) before the expiry of its duration specified in sub-section (1);
   • (b) before the expiration of a period of six months from the date of its dissolution : Provided that where the remainder of the period for which the dissolved panchayat would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the panchayat for such period.
3. (3) A panchayat constituted upon the dissolution of a panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved panchayat would have continued under sub-section
4. (1) had it not been so dissolved.

In this Chapter, unless the context otherwise requires, —

1. (a) "Assembly" means the Gujarat Legislative Assembly ;
2. (b) "Central Act" means the Representation of the People Act, 1950, 43 of 1950.
3. (c) "qualifying date" means the 1st day of January of the year in which the list of voters for the purposes of the general election of members for constituting or reconstituting a panchayat is prepared under section 18 or, as the case may be, is revised under the proviso to section 23.

1. (1) The election of members to a panchayat shall be held on such date as State Election Commission may appoint in that behalf. Provided that—
   • (i) in the case of reconstitution of a panchayat on account of the expiry of its duration of five years such date shall not be earlier than two months or later than fifteen days before the expiry of the duration.
   • (ii) in the case of reconstitution of a panchayat on account of dissolution of a panchayat where the remainder of the period for which the dissolved panchayat would have continued is six months or more than six months such date shall not be later than two months after the date of dissolution of the panchayat,
   • (iii) in the case of reconstitution of a panchayat on account of dissolution of a panchayat where the remainder of the period for which the dissolved panchayat would have continued is less than six months, such date shall not be earlier than two months or later than fifteen days before the expiry of such lesser period, except with the sanction of the State Government which may be given either prospectively or retrospectively.
2. (2) such election shall be conducted in the prescribed manner.
3. (3) The superintendence, direction and control of the conduct of such election shall be vested in the State Election Commission.
4. (4) The names of the elected members shall be published in the prescribed manner by the State Election Commission.

1. (1) For the purposes of elections of members to a village panchayat, a village shall be divided by the State Election Commission into as many single member wards as the total number of members specified in respect of the village panchayat of that village in sub-section
2. (4) of section 9, and in such manner that as far as practicable the population of all the wards is the same; and one member shall be elected from each such ward.
3. (2) For the purposes of elections of members to a taluka panchayat, a taluka shall be divided by the State Election Commission into as many single member territorial constituencies as the total number of elected members specified in respect of the taluka panchayat of that taluka in sub-section
4. (4) of section 10 and in such manner that the population of all the territorial constituencies is, as far as practicable, the same and each territorial constituency is so delimited as to include therein as far as practicable whole wards of a village and one member shall be elected from each such constituency.
5. (3) For the purposes of elections of members to a district panchayat, a district shall be divided by the State Election Commission into as many single member territorial constituencies as the total number of elected members specified in respect of the district panchayat of that district in sub-section
6. (4) of section 11 and in such manner that the population of all the territorial constituencies is as far as practicable the same and each territorial constituency is so delimited as to include therein as far as practicable whole territorial constituencies of a taluka; and one member shall be elected from each such constituency.
7. (4) At any time not later than two months before the date of the expiry of the duration of a panchayat under section 13 and in the case of a panchayat which is to be constituted or reconstituted under the provisions of this Act otherwise than on the expiry of its duration under section 13, at any such time before it is to be constituted or, as the case may be, may be reconstituted, it shall be lawful for State Election Commission—
   • (a) to alter, for reasons to be recorded in writing, the limits of any ward of the concerned village, for the purpose of general election in relation to a village panchayat.
   • (b) to alter, for reasons to be recorded in writing, the limits of any territorial constituency of the concerned taluka or district, for the purpose of general election in relation to a taluka or district panchayat.
8. (5) Each ward constituted under sub-section
9. (1) and each territorial constituency constituted under sub-sections
10. (2) &
11. (3) shall subject to alteration, if any, made under sub-section
12. (4) be an electoral division.

For every electoral division, there shall be a list of voters which shall be prepared and maintained in accordance with the provisions of sections 18 to 22 under the superintendence, direction and control of the State Election Commission.

At any time not later than two months before the expiry of the duration of a panchayat under section 13, and in the case of a panchayat which is to be constituted or reconstituted under the provisions of this Act otherwise than on the expiry of its duration under section 13 at any such time as the State Election Commission may after consulting the State Government determine, there shall be prepared for the purpose of the general election of members for constituting or, as the case may be, reconstituting such panchayat as a list of voters for every electoral division in respect of such panchayat as determined under section 16 and in force at the time when such list is prepared.

Every person who is entitled to be registered in the relevant part of the electoral roll of the Gujarat Legislative Assembly under the Central Act shall be entitled to be registered as a voter in the list of voters for the electoral division, to be prepared under section 18.

1. (1) The electoral roll of the Gujarat Legislative Assembly prepared under the provisions of the Central Act, for the time being in force for such part of the constituency of the Assembly as is included in the relevant electoral division, shall, subject to any amendment, deletion or addition made under sub-section
2. (3) or any inclusion of any name under sub-section (5), be the list of voters for that electoral division.
3. (2) Such officer of the State Government as the State Election Commission may specify in this behalf (hereinafter referred to as "the specified officer") shall, subject to superintendence, direction and control of the commission, maintain a list of voters for each electoral division; the list shall be published in the prescribed manner.
4. (3) If on an application made to him in this behalf or on his own motion the specified officer is satisfied that the list of voters is at variance with the relevant part of the electoral roll of the Gujarat Legislative Assembly on account of any mistake in the list, he shall amend the list so as to bring it in conformity with the said electoral roll and for that purpose may amend, delete or add any entry in that list.
5. (4) Any person who has become entitled to be registered in the relevant part of the electoral roll of the Gujarat Legislative Assembly under the Central Act, after the qualifying date may apply to the specified officer for inclusion of his name in the list.
6. (5) Where the specified officer after making such inquiry as he may consider necessary, is satisfied that the applicant is entitled to be registered in the relevant part of the electoral roll of the Gujarat Legislative Assembly under the Central Act, he shall direct the name of the applicant to be included in the list of voters: Provided that no such direction shall be given if the applicant is disqualified to vote under this Act or any other law for the time being in force.
7. (6) No amendment, deletion or addition of any entry in the list of voters for an electoral division shall be made under sub-section
8. (3) and no direction for inclusion of a name in that list shall be given under sub-section
9. (5) during the period between such date as the State Election Commission may, by general or special order, notify in this behalf and the date of the completion of any concerned election in the electoral division. Explanation :—In this section the expression "qualifying date", has the same meaning as in clause
   • (b) of section 14 of the Central Act.
10. (7) The list of voters shall after it is finally prepared under this section be published in the prescribed manner and shall come into operation immediately upon its final publication.

No person shall be entitled to have his name included in the list of voters for more than one electoral division of the same panchayat.

No person shall be entitled to have his name included in the list of voters for any electoral division more than once.

The list of voters for any electoral division which has been published and has come into operation under sub-section

1. (7) of section 20 shall, subject to any revision made under the proviso to this section, remain in operation until a new list of voters for that electoral division is prepared, published and comes into operation : Provided that the State Election Commission may, after consulting the State Government for reasons to be recorded in writing, direct that such list for any electoral division may be revised in the prescribed manner by reference to the qualifying date, before any bye-election is held to fill a casual vacancy in a seat allotted to that electoral division.

Every panchayat shall make available to the State Election Commission such staff as it may require for the performance of any duties in connection with the preparation and revision of a list of voters for an electoral division and conduct of elections in respect of that panchayat.

No civil court shall have jurisdiction—

1. (a) to entertain or adjudicate upon any question whether any person is or is not entitled to have his name included in a list of voters; or
2. (b) to question the legality of any action taken or decision given by or under the authority of the State Election Commission in connection with the preparation, maintenance or revision of any such list.

If any person makes in connection with—

1. (a) the preparation, revision or correction of a list of voters, or
2. (b) the inclusion or exclusion of any entry in or from a list of voters, a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both. 27(1). Breach of official duty in connection with the preparation etc. of list of voters If any Government servant, panchayat servant or any other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of a list of voters or the inclusion of any entry in or from that list, is without reasonable cause, act or omission involving breach of such official duty, he shall be punishable with fine which may extend to five hundred rupees. 27(2). Breach of official duty in connection with the preparation etc. of list of voters No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid. 27(3). Breach of official duty in connection with the preparation etc. of list of voters

Person qualified to vote and be elected

1. (1) Every person whose name is in the list of voters shall, unless disqualified under this Act or any other law for the time being in force, be qualified to vote at the election of a member for the electoral division to which such list pertains. (2)(a) Every person who has attained the age of twenty one years and whose name is in the list of voters shall, unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected from any electoral division.
   • (b) No person whose name is not entered in the list of voters for the village, shall be qualified to be elected from any electoral division thereof.
2. (3) Subject to any disqualification incurred by a person, the list of voters shall be conclusive evidence for the purpose of determining under this section whether any person is or is not qualified to vote, or as the case may be, to be elected at any election.

1. (1) No person shall, save as expressly authorised by this Act, be a member of two or more panchayats.
2. (2) Where a person while being a member of one panchayat, intends to stand as a candidate for membership of another panchayat, he may stand as a candidate for such membership notwithstanding anything contained in sub-section (1); Provided that if he is chosen for the seat for which he stood as a candidate, the seat already held by him shall become vacant on the date on which he is so chosen unless the seat so held is in another panchayat and the term of that panchayat is to expire within a period of four months from the date on which he is so chosen.
3. (3) If any person is simultaneously chosen as a member of two or more panchayats, the person shall, within fifteen days from the date or the later of the dates on which he is so chosen, intimate to the competent authority, one of the panchayats in which he wishes to serve and hereupon his seat in the panchayat other than the one in which he wishes to serve, shall become vacant.
4. (4) Any intimation given under sub-section
5. (3) shall be final and irrevocable.
6. (5) In default of intimation referred to in sub-section
7. (4) within the aforesaid period, the competent authority shall determine the seat which he shall retain and thereupon the remaining seats from which he was chosen, shall become vacant.

1. (1) No person shall be a member of a panchayat or continue as such who—
   • (a) has whether before or after the commencement of this Act, been convicted—
     • (i) of an offence under the Protection of Civil Rights Act, 1955 or under the Bombay Prohibition Act. 1949, unless a period of five years, or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction; or
     • (ii) of any other offence and been sentenced to imprisonment for not less than six months, unless a period of five years, or such lesser period as the State Government may allow in any particular case, has elapsed since his release; or
   • (b) has been adjudged by a competent court to be of unsound mind; or
   • (c) has been adjudicated an insolvent and has not obtained his discharge; or
   • (d) has been removed from any office held by him in any panchayat under any provision of this Act after the commencement of this Act under the Gujarat Panchayats Act, 1961 and a period of five years has not elapsed from the date of such removal, unless he has, by an order of the State Government notified in the Official Gazette been relieved from the disqualification arising on account of such removal from office; or
   • (e) has been disqualified from holding office under any provision of this Act and the period for which he was so disqualified has not elapsed; or
   • (f) holds any salaried office or place of profit in the gift of disposal of any panchayat, other than an office of President or Vice-President of a panchayat or of a Chairman of any Committee of a panchayat, while holding such office or place; or
   • (g) has directly or indirectly, by himself or his partner, any share or interest in any work done by order of the panchayat, or in any contract with, by or on behalf of, or employment with or under the panchayat; or
   • (h) has directly or indirectly, by himself or, his partner any share or interest in any transaction of loan of money advanced to or borrowed from any officer or servant of any panchayat; or
     • (i) fails to pay any arrears of any kind due by him to the panchayat or any panchayat subordinate thereto or any sum recoverable from him in accordance with Chapter X of this Act, within three months after a special notice in accordance with the rules made in this behalf has been served upon him; or
   • (j) is a servant of the Government or a servant of any local authority; or
   • (k) has voluntarily acquired the citizenship of a Foreign State or is under any acknowledgement of allegiance or adherence to a Foreign State; or
   • (l) is disqualified under any other provision of this Act, and the period for which he was so disqualified has not elapsed. Explanation 1.—A person shall not be disqualified under clause
   • (g) for membership of a panchayat by reason only of such person—
   • (a) having share in any joint stock company or a share or interest in any society registered under any law for the time being in force which shall contract with or be employed by or on behalf of any panchayat; or
   • (b) having a share or interest in any newspaper in which any advertisement relating to the affairs of any panchayat may be inserted; or
   • (c) holding a debenture or being otherwise concerned in any loan raised by or on behalf of any panchayat; or
   • (d) being professionally engaged on behalf of any panchayat as a legal practitioner; or
   • (e) having any share or interest in any lease of immovable property in which the amount of rent has been approved by the taluka panchayat in the case of a village panchayat, or by the taluka panchayat or by the district panchayat in its own case or in any sale or purchase of immovable property or in any agreement for such lease, sale or purchase; or
   • (f) having any share or interest in the occasional sale to the panchayat of any article in which he regularly trades or in the purchase from the panchayat of any article, to a value in either case not exceeding in any year one thousand rupees; or
   • (g) merely being a relative of a person in employment with or under or on behalf of the panchayat. Explanation 2.—For the purpose of clause (i)
     • (i) a person shall not be deemed to be disqualified if he has paid the arrears or the sum referred to in clause
     • (i) of this sub-section, prior to the day prescribed for the nomination of candidates;