STATE OF GUJARAT & ANOTHER versus RAMAN LAL KESHAV LAL SONI & OTHERS

Citation: [1983] 2 S.C.R. 287 · Decided: 27-01-1983 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Disposed off
Cited by 11 judgment(s) · cites 4 · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

' 
•' 
' 
-
\. 
STATE OF GUJARAT & ANOTHER 
v. 
RAMAN LAL KESHA V LAL SONI & OTHERS 
January 27, 1983 
[Y.V. CHANDRACHUD, CJ, S. MURTAZA FAZAL ALI, 
V.D. TULZAPURKAR, 0. CH!NNAPPA REDDY AND 
A. VARADARAJAN, JJ.] 
287 
Gujarat Panchayat Act, 1961-As amended by the Gujarat Panchayat (Third 
Amendment) Act, 1978-0fficers and servants of the panchayats-Whether 
Government servants. 
Mast~r and servant relations-Tests for the determination of. 
Constitution of India, 1950, Articles 14 and 311-Status of Government 
servant-If could be determind retrospectively. 
Interpretation-Legislature, if has power to take away or impair a consti· 
tutional right retrospectively. 
The Gujarat Panchayats Act, 1961 was enacted to consolidate and amend 
the law relating to village panchayats and district local boards with a view to 
reorganise the administration pertaining to local G.overnment in furtherance of 
the object of democratic decentralisation of powers in faVour of different classes 
of panchayats. It was provided that the state Government should exercise control 
over panchayats either directly or thrvugh such officer or officers as it may 
appoint for that purpose. The Panchayat Organisation consisted of Gram 
Panchayats, Taluqa Panchayats and District Panchayats which are bodies 
corporate with perpetual succession and common seal. Notwithstanding that 
they were separate bodies corporate, the panchayats formed part of the 
panchayat organisation set up for secudng a greater measure of participation by 
tlie people in the-local governmental functions. They were enjoined to perform 
:functions and duties assigned by or under the Act so• as to ~confonn to the State 
:plans, National plans and the State policy in general. The State Government 
was empowered to cause inspection to be made and to call for and examine the 
'record of the proceedings of any panchayat. On the enactment of the 1961 Act, 
1the District Local Boards, village panchayats and municipalities constituted 
under earlier Acts stood transformed as District Panchayats, gram or nagar 
pancbayats, depending on population. Officers and servants of the District Local 
Boards were deemed to be transferred to the service of the district panchayats, 
Secretaries, officers and servants in the employ of the old village panchayats 
became Secretaries, officers and servants of the new gram panchayats and 
officers and servants in the em,pior of municipalities became oflicers al\d servan.t' 
of .the interim p1nchayats, 
~'·---~ 
A 
B 
c 
D 
E 
(1 
G 
b 
c 
D 
E 
F 
G 
288 
SUPllBME COURT llBPOllTS 
(1983) 2 s.c.R. 
The gram pancbayats were entrusted with the work of looking -after 
sanitation and health, public works, 
community 
development, agriculture, 
preservation of forests and a number of other subjects. They were entrusted 
with the work of collection of land revenue and do any or all the functions and 
duties of village Accountant or Patel or other similar functions of any other 
person in relation to the collection of land revenue and dues recoverable as 
, arrears of land revenue. Provision had been made in the Act for the transfer 
to the District Pancb!}yats of such powers, functions and duties relating to any 
matters as are exercised or perform.,d by the State Government or ao)I officer of 
the Government under any enactment which the 'State Legislature is competent 
to enact or otherwise in the executive power of the Seate. The Act also provided 
that any functions and duties relating to any of the matters specified in the 
paochayat functions list, previously being performed by the State Government, 
shall be transferred to the District Paachayats togetlicr with the funds provided 
and the staff employed tberefo:r. On such transfer, the District Panchayat may 
delegate, with the approval of the Government, to any panchayat subordinate to 
it any of the functions and duties so transferred. A fund called the Gram Fund or 
Nagar Fund was created and the proceeds of any tax or fee imposed by or assign-
ed to the Pancbayat under the Act, sums contributed to the fund by the State 
Governmt:nt and all other sums received by the Panchayat were to be credited in 
the fund. The Act provided for appointment of a Secretary and such other ser~ 
vants as may be determined for every Gram Panchayat and Nagar Panchayat in 
ac:ordance with rules prescribed by the 
Gov~rncnent. Depending on the facts 
and circumstances of a case, the State GJverament may direct that a group
Excerpt shown. Read the full judgment & AI analysis in Lexace.