LexThe Gujarat Panchayats Act, 1993
Gujarat · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS
DEPARTMENT
The Gujarat Panchayats Act, 1993
(GUJARAT ACT No. 18 of 1993)
(As modified upto the 31st May, 2017.)
PRINTED IN INDIA BY THE MANAGER GOVERMENT PRESS, RAJKOT.
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING PUBLICATIONS AND STATIONERY
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2017
II GUJARAT P ANCHAYATS ACT, 1993. 1993 : GUJ. 18]
2017
Government Printing & Stationery,
Rajkot.
©
1993 : GUJ. 18] GUJARAT P ANCHAYATS ACT, 1993. III
CONTENTS
PREAMBLE
SECTIONS
SECTION PAGE
No.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. 1
2. Definitions. 1
CHAPTER II
ESTABLISHMENT OF PANCHAYATS OF DIFFERENT TIERS.
(A) Establishment of panchayats and their area of jurisdiction.
3. Establishment of Panchayats of different tiers. 3
4. Gram Sabha. 3
5. Incorporation of Panchayats of different classes. 3
6. Subordination of Panchayats amongst themselves and their powers, functions and duties. 3
7. Recommendation of specification of village. 4
8. Panchayat Organisation and the exercise of control over panchayats by State Government. 4
(B) Constitution of Panchayats and their duration.
9. Constitution of Village Panchayats. 4
10. Constitution of Taluka Panchayats. 5
11. Constitution of District Panchayats. 6
12. Location of headquarters of district or taluka panchayat. 7
13 Duration of panchayats and their reconstitution. 7
CHAPTER III
ELECTION OF MEMBERS OF PANCHAYATS,
ELECTION DISPUTES, ETC.
14. Definitions. 7
15. Election. 7
PROVISIONS RELATING TO ELECTIONS
16. Electoral divisions. 8
17. List of voters for every electoral division. 8
18. Preparation of list of voters. 8
19. Persons qualified to be registered as voters. 9
20. List of voters. 9
21. Name of person not to be included in list of voters for more than one electoral division. 9
22. Name of person not to be included in list of voters for more than once. 9
23. Period for which a list of voters shall remain in operation. 10
24. Staff of panchayat to be made available. 10
25. Jursdiction of civil courts barred. 10
26. Making false declaration. 10
27. Breach of official duty in connection with the preparation, etc. of list of voters. 10
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28. Persons qualified to vote and be elected. 10
29. Restriction on simultaneous or double membership. 11
30. Disqualification. 11
31. Determination of validity of election, inquiry by judge and procedure. 13
32. Disability from continuing as member. 15
33. Fresh election if election is invalid. 15
34. Power of State Election Commission to require services of panchayat staff for election. 15
OBLIGATION TO VOTE.
34 A. Obligation to vote. 15
34 B. Declaration of a voter to be a defaulter voter. 16
34 C. Valid an sufficient reasons for not voting. 16
34 D. Notice. 16
34 E. Appeal. 16
ELECTION OFFENCES
35. Prohibition of canvassing in or near polling station. 16
36. Penalty for disorderly conduct in or near polling station. 16
37. Penalty for misconduct at polling station. 17
38. Maintenance of secrecy of voting. 17
39. Officers, etc. at elections not to act for candidates or influence voting. 17
40. Breaches of official duty in connection with elections. 17
41. Removal of ballet papers from polling station to be offence. 18
42. Other offences and penalties therefor. 18
43. Prosecution in certain offences. 19
REQUISITIONING OF PREMISES FOR THE PURPOSES OF ELECTION.
44. Requisitioning of premises, vehicles, etc. for election purposes. 19
45. Payment of compensation. 19
46. Power to obtain information. 20
47. Power of entry into and inspection of premises, etc. 20
48. Eviction from requisitioned premises. 20
49. Release of premises from requisition. 20
50. Penalty for contravention of any order regarding requisition. 21
CHAPTER IV
PROVISIONS RELATING TO PRESIDING OFFICERS OF PANCHAYATS AND
MEMBERS OF PANCHAYATS.
PART I
VILLAGE PANCHAYATS
51. First meeting of panchayat and election of Upa-Sarpanch. 21
52. Duty of retiring Sarpanch, etc. to handover charge of office. 22
53. Term of office of members of village panchayat and of Sarpanch, etc. thereof. 22
54. Resignation of members, Sarpanch or Upa-Sarpanch. 22
55. Executive functions of Sarpanch or Upa-Sarpanch. 22
56. Motion of no confidence. 23
57. Removal from office. 24
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58. Leave of absence. 24
59. Suspension of Sarpanch or Upa-Sarpanch. 24
60. Eligibility of certain members for re-election. 25
61. Filling up of vacancies. 25
62. Acts and proceedings of panchayat and committee not vitiated by
disqualification, etc. of members thereof.
25
PART II
TALUKA PANCHAYATS
63. First meeting of panchayat and election of President and Vice-President. 26
64. Duty of retiring President, etc. to handover charge of office. 26
65. Honorarium, allowances, etc. to President and Vice-President and travelling allowances to
members.
27
66. Payment of honorarium to President during leave or absence. 27
67. Term of office of members, President and Vice-President. 27
68. Resignation. 27
69. Powers and functions of President and Vice-President. 28
70. Motion of no confidence. 28
71. Removal from office. 29
72. Leave of absence. 29
73. Suspension of President or Vice-President. 29
74. Eligibility of certain members for re-election. 30
75. Filling up of vacancies. 30
76. Acts and proceedings of panchayat and committee not vitiated by disqualification,
etc. of members thereof.
30
PART III
DISTRICT PANCHAYATS
77. First meeting of district panchayat and election of President and Vice- President. 31
78. Duty of retiring President, etc. to handover charge. 31
79. Honorarium and allowance, etc. to President and Vice-President and travelling allowances to
members.
32
80. Payment of honorarium to President during leave or absence. 32
81. Term of office of members of district panchayat and of President and Vice-President. 32
82. Resignation. 32
83. Powers and functions of President and Vice-President. 33
84. Motion of no confidence. 33
85. Removal from office. 34
86. Leave of absence. 34
87. Suspension of President or Vice-President or Chairman of Committee. 34
88. Eligibility of certain members for re-election. 35
89. Filling up of vacancies. 35
90. Acts and proceedings of panchayat and committee not vitiated by disqualifications etc. of
members thereof.
35
VI GUJARAT P ANCHAYATS ACT, 1993. 1993 : GUJ. 18]
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CHAPTER V
CONDUCT OF BUSINESS, ADMINISTRATIVE POWERS AND DUTIES,
PROPERTY FUND AND ACCOUNTS, ETC. OF PANCHAYATS.
PART I
PROVISIONS RELATING TO VILLAGE PANCHAYATS.
(A) Conduct of business.
91. Meeting of Panchayats. 36
92. Village Panchayat Committees, their constitution, powers, functions and
duties.
36
93. Meeting of Gram Sabha. 37
94 Panchayat to place before gram sabha statement of accounts, etc. and
duties of gram sabha.
38
95. Procedure in respect of meetings. 38
96. Questions to be decided by majority of votes. 38
97. Modification or cancellation of resolutions. 38
98. Invitees at meetings of Panchayat. 38
(B) Administrative powers and duties.
99. Administrative powers of Panchayats. 38
100. Other functions of Panchayats. 38
101. Power to compromise. 39
102. Local inquiry and reports by village panchayat. 39
103. Powers of panchayats to manage institutions or execute work transferred to it by taluka or
district panchayat.
40
104 Control on erection of buildings. 40
105. Obstruction and encroachment upon public streets and open sites. 41
106. Numbering of premises. 42
107. Power of Taluka Development Officer to require owner to provide water closet or privy
accommodation.
43
(C) Property and Funds.
108. Government may vest certain lands in panchayat. 44
109. Other property of village panchayat. 44
110. Limitation on power of panchayat to transfer immovable property. 44
111. Village Fund. 44
112. Application of fund. 45
113. Decision on claims to property by or against village panchayat. 45
(D) Officers and servants of panchayats.
114. Secretary and servants of panchayats 46
(E) Contribution to District Development fund.
115. Contribution to District Development Fund. 46
(F) Budget Estimates.
116. Annual Budget Estimates. ' 46
117. Revised or supplementary budget or re-appropriation of funds. 47
118. Except in emergency no sum to be expended unless it has been included in budget estimates. 47
119. Accounts of income and expenditure. 47
120. Annual administration report. 47
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(G) Audit of the accounts of village panchayats.
121. Audit of Accounts of Panchayats. 47
PART II
PROVISIONS RELATING TO TALUKA PANCHAYATS.
(A) Conduct of business.
122. Meeting of Taluka Panchayat. 48
123. Taluka panchayat committees, their constitution, powers, functions and duties. 48
124. Honorarium to Chairman of Social Justice Committee. 50
125. Travelling allowance to members of committee who are not members of a taluka panchayat. 51
126. Procedure in respect of meetings. 51
127 Questions to be decided by majority of votes. 51
128. Modification or cancellation of resolutions. 51
129. Invitees at meetings of taluka panchayat and its committees. 51
(B) Administrative Powers and Duties.
130. Administrative powers of panchayats. 51
131. Other functions of panchayats. 51
132. Entrustment of work, etc. to taluka panchayat by district panchayat. 52
(C) Property and Fund.
133. Property of taluka panchayats. 52
134. Taluka fund. 53
135. Application of Taluka fund. 53
(D) Officers and Servants.
136. Secretary, officers and servants of taluka panchayats. 53
137. Powers and functions of Taluka Development Officer. 54
(E) Budget Estimates
138. Annual Budget Estimates. 55
139. Revised or supplementary budget and re-appropriation of fund. 55
140. Except in emergency no sum to be expended unless it has been included in budget. 55
141. Accounts of income and expenditure. 55
142. Annual administration Report. 55
(F) Audit of the accounts of panchayats.
143. Audit of accounts. 56
PART III
PROVISIONS RELATING TO DISTRICT PANCHAYAT
(A) Conduct of business.
144. Meetings of district panchayat. 56
145. District Panchayat Committees, their constitution, powers, functions and duties. 56
146. Removal of Chairman of Education Committee. 59
147. Honorarium, etc. to Chairman, Education Committee. 59
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148. Honorarium, etc. to Chairman, Social Justice Committee. 59
149. Travelling allowance to members of a committee who are not members of district panchayat. 60
150 Procedure in respect of meetings. 60
151. Questions to be decided by majority of votes. 60
152. Modification or cancellation of resolution. 60
153. Invitees at meetings of district panchayat and its committees. 60
(B) Administrative Powers and Duties
154. Administrative Powers of Panchayats. 60
155. Other functions of panchayats. 60
156. Powers of District Panchayat to undertake works, etc.
on behalf of Government to give technical advice.
61
(C) Property and Fund
157. Property of District Panchayats. 61
158. District Fund. 62
159. Application of District Fund. 62
160. District Family welfare Fund. 62
(D) Officers and Servants
161. Secretary and Officers and Servants of District Panchayat. 63
162. Powers and Functions of District Development Officer. 63
(E) Budget Estimates
163. Budget Estimates of District Panchayat and Re-appropriation of fund. 64
164. Copy of budget estimate to be forwarded to competent authority. 64
165. Except on pressing emergency no sum to be expended unless it has been included in budget
estimate.
64
166. Accounts and Audit. 65
167. Annual reports. 65
CHAPTER VI
PROVISION AS TO TRANSFER OF CERTAIN FUNCTIONS UNDER ANY
ENACTMENT TO PANCHAYAT.
(A) Transfer of functions relating to recovery of land revenue and cesses under the Land
Revenue Code and the law relating to collection of cesses.
168. Recovery of land revenue by panchayats. 65
169. Responsibility of the panchayats. 65
170. Conferment of powers and duties for collection of land revenue on panchayats. 65
171. Certain class of officers posted under panchayat to be revenue officers and their powers. 65
172. Right of State Government to collect land revenue unaffected. 66
173. Collector to appoint officer on suspension of powers of panchayat. 66
(B) Delegation of the functions under the Gujarat Co-operative Societies Act, 1961.
174. Delegation of powers of Registrar of Co-operative Societies to panchayats. 66
(C) Transfer of functions of State Government to Panchayats
175. Transfer of functions of State Government to Panchayat. 66
176. Transfer of rights and liabilities in respect of property transferred to panchayat. 67
177. Obligation or liability of servants transferred under section 175 not affected. 67
178. Withdrawal of powers, functions, etc. from district panchayats. 68
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CHAPTER VII
PROVISION AS TO DEVOLUTION OF POWERS AND RESPONSIBILITIES UPON
PANCHAYATS WITH RESPECT TO DEVELOPMENT PLANS AND
IMPLEMENTATION OF CERTAIN SCHEMES.
179. Preparation of development plans by panchayat. 68
180. Entrustment of schemes to panchayats for implementation. 68
CHAPTER VIII
CATTLE POUNDS.
181. Cattle Trespass Act to cease to apply. 70
182. Power to establish cattle pounds and appoint pound keepers. 70
183. Penalty for allowing cattle to stray in street or to trespass upon private or public property. 70
184. Impounding cattle. 71
185. Delivery of cattle claimed and consequences of failure to pay pound fees and expenses, etc. 71
186. Sale of cattle not claimed. 71
187. Pound fees and expenses charageable to be fixed. 71
188. Complaints of illegal seizure or detention. 72
189. Security in respect of impounded cattle. 72
190. Removal of cattle to specified places. 72
CHAPTER IX
TAXATION.
PART I
TAXATION BY THE STATE GOVERNMENT
191. Levy of fifty paise cess on every rupee of land revenue. 73
192. Rules for assessment. 74
193. Levy of cess on water rate. 74
194. Manner of levying cess described in section 191. 74
195. Manner of levying cess described in section 193. 74
196. Assistance to superior holders. 74
197. Collection and credit of local cess on water rates. 75
198. Collection and credit of local cess of land revenue. 75
199. Suspension and remission of local cess. 75
PART II.
TAXATION BY VILLAGE PANCHAYATS.
200. Levy of taxes and fees by village panchayats. 75
201. Lump-sum contribution by factories in lieu of taxes levied by panchayat. 77
202. Framing of fees on markets, etc. 77
203. Levy and collection upto twenty five paise as cess on every rupee of land revenue. 77
204. Power of taluka panchayat to increase taxation of panchayat. 78
205. Recovery of cost of watch and ward. 78
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PART III.
TAXATION BY TALUKA PANCHAYAT.
206. Taxes and fees which may be imposed by taluka panchayat and mode of collection thereof. 78
207. Increase of stamp duty for a taluka panchayat. 79
PART IV.
TAXATION BY DISTRICT PANCHAYATS.
208. Taxes which may be imposed by a district panchayat. 80
209. Increase of stamp duty for a district panchayat. 80
210. Tax on professions, etc. levied by district panchayat to be collected by village panchayat. 81
211. Default in payment by panchayat. 81
PART V.
PROCEDURE OF LEVYING TAX ON FEE BY TALUKA PANCHAYAT
AND DISTRICT PANCHAYAT.
212. Procedure of taluka and district panchayat preliminary to imposing tax. 81
213. Procedure for abolishing or varying a tax. 82
214. Publication of sanctioned rules with notice. 82
CHAPTER X
RECOVERY OF TAXES, FEES, CESSES AND OTHER DUES.
215. Recovery of taxes and other dues. 82
216. [Deleted.]
217. District Development Officer’s power to direct irrecoverable sum to be written off. 83
CHAPTER XI.
FINANCIAL ASSISTANCE TO PANCHAYATS.
218. Provision by the State Government for making grants to panchayats. 84
219. Extent of grants out of the average of three years collection of land revenue. 84
220. State Equalisation fund. 84
221. District Equalisation fund. 84
222. District Village Encouragement Fund. 85
223. District Development Fund. 85
224. Grant of a portion of forest revenue to district panchayats. 85
225. Grant from forest revenue to certain village panchayats. 85
CHAPTER XII.
FINANCE COMMISSION.
226. Finance Commission. 85
CHAPTER XIII.
PROVISIONS RELATING TO SERVICES.
227. Panchayats service to be regulated by rules. 86
228. Expenditure towards pay, allowances, etc. of officers and servants in panchayat service to be
met by panchayats.
87
229. Mode of appointment. 87
230. Allocation of officers and servants to panchayat services. 87
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231. Allocation to panchayat service to be provisional for certain period and re-allocation of
officers and servants to State services.
88
232. Posting under panchayats of officers and servants in the State service. 88
233. Loan services of Government officers to panchayats. 89
234. No compensation payable for transfer of service. 89
235. Gujarat Panchayat Service Selection Board, its constitution and functions. 89
236. District Panchayat Service Selection Committee and District Primary Education Staff Selection
Committee.
89
CHAPTER XIV.
CONTROL.
237. Power of Government to prepare State wise projects, etc. not affected. 90
238. Panchayats to form part of State wise Panchayats organisation and to perform function so as
to carry out the State policy.
90
239. Panchayat to invite designated officer or person to attend meetings. 90
240. Power of Government to issue directions. 90
241. Necessity of administrative sanction, etc. to work or schemes, grant-in-aid and acquisition of
property.
90
242. Appeals against order of village panchayat. 91
243. Appeal Committee to exercise appellate powers of district panchayats. 91
244. To whom appeal may be addressed, etc. 91
245. Power to call for proceedings. 91
246. Powers of entry. 92
247. Powers of Officer of State Government regarding inspection. 92
248. Reduction of establishment. 92
249. Suspension of execution of order. 92
250. Execution of work in case of emergency. 93
251. Extension by panchayat of its services, etc. to area outside its limits. 93
252. Default in performance of duty. 94
253. Dissolution or supersession of panchayats for default. 94
254. Consequences of alternation of limits of village. 95
255. Effect of area being excluded from village. 96
256. Effect of area ceasing to be village. 96
257. Power of State Government to appoint officer when elections not held for reconstitutions
panchayat.
96
258. Inquiry by officers of panchayat. 96
259. State Government may call for proceedings. 96
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CHAPTER XV.
PROVISIONS FOR CONVERSION OF A NAGAR PANCHAYAT INTO A VILLAGE
PANCHAYAT AND FOR AMALGAMATION AND DIVISION OF PANCHAYATS.
260. Interpretation. 97
261. Effect of conversion of nagar panchayat into village panchayat. 97
262. Effect of amalgamation of villages. 99
263. Effect of division of village. 100
264. Consequences of alteration of limits of district or taluka. 101
CHAPTER XVI.
MISCELLANEOUS PROVISION.
265. Joint Committees of two or more local bodies. 102
266. Constitution of State Council for panchayats, its functions, etc. 103
267. Liability of members for loss, waste or misapplication. 104
268. Power of authorised officer to recover record and money. 104
269. Liability to pay rent for unauthorised occupation or possession of property of panchayat, 105
270. Bar of action against panchayat, etc. and previous notice before institution. 105
271. Delegation of powers. 105
272. Members, etc. of panchayats, and servants, etc. to be public servants. 106
273. Previous sanction for prosecution against Sarpanch, Chairman, President, etc. 106
274. Power of Government to make rules. 106
275. Bye-laws. 106
276. Repeal and savings. 107
277. Power of State Government to adapt laws. 109
278. Removal of difficulties. 109
278 A. Application of Act to Scheduled Areas of State. 109
278 AA. Amendment of certain Acts in their application to Scheduled Areas of State. 109
279. Transitional Provision. 109
Schedule I 110
Schedule II 114
Schedule III 117
Schedule IV 121
Schedule V 124
1993 : Guj. 18] Gujarat Panchayats Act, 1993. 1
Short title,
extent and
commencement.
Definitions.
GUJARAT ACT NO. 18 OF 19931*
[THE GUJARAT PANCHAYATS ACT, 1993 ]
[26th August, 1993.]
Amended by Guj. 5 of 1998. Amended by Guj. 21 of 2014.
Amended by Guj. 6 of 2001. Amended by Guj. 23 of 2014.
Amended by Guj. 12 of 2001. Amended by Guj. 15 of 2015.
Amended by Guj. 17 of 2005. Amended by Guj. 22 of 2015.
Amended by Guj. 10 of 2008. Amended by Guj. 4 of 2017.
Amended by Guj. 21 of 2011. Amended by Guj. 19 of 2017.
AN ACT to consolidate and amend the law relating to panchayats in the State of Gujarat.
WHEREAS by the Constitution (Seventy-Third Amendment) Act, 1992, Part IX
relating to the Panchayats has been inserted in the Constitution;
AND WHEREAS it is expendient to bring the law relating to Panchayats in the
State of Gujarat in conformity with the said part IX.
It is hereby enacted in the Forty-fourth Year of the Republic of India as follows :-
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called the Gujarat Panchayats Act, 1993.
(2) It extends to the whole of the State of Gujarat.
(3) This section shall come into force at once; and all or any of the remaining
provisions of this Act shall come into force in respect of such class of
panchayats, in such district and on such date as the State Government may, by notification
in the Official Gazette, appoint; and different dates may be appointed in respect of different
classes of, panchayats, different districts and different provisions.
2. In this Act, unless the context otherwise requires—
(1) “building” includes a hut, shed or other enclosure whether used as a
human dwelling or for any other purpose whatsoever and also includes walls,
verandahs, fixed platforms, plinths doorsteps and the like;
(2) “cattle” means and includes bulls, bullocks, heifers, cows and their young,
elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses,
swine, sheep, ewes, rams, lambs, goats and kids;
(3) “city” means a city defined in the Bombay Provincial Municipal Corporations
Act, 1949;
(4) “competent authority” means such Government Officer, panchayat or authority
as the State Government may, by notification in the Official Gazette , appoint to
perform the functions of a competent authority under such provisions of this Act and in
respect of such panchayats as may be specified in the said notifications;
Explanation :- For the purposes of this clause, a Government Officer includes a
Government Officer posted under a panchayat under sections 136, 161 or 232.
(5) “district” means a district constituted from time to time under the Land
Revenue Code; except the area over which a district panchayat has no
authority under section 6;
(6) “District Development Officer” means such officer as the State Government may
appoint to be a District Development Officer for the purposes of this Act;
1 For statements of objects and Reasons, see Gujarat Government Gazette, Part V , Extraordinary,
dated the 6th August, 1993.
* This Act was assented to by the Governor on the 26th August, 1993.
Bom. LIX of
1949.
2 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
LXIII of
1948.
Bom V of
1879.
(7) “district panchayat” means a district panchayat constituted under this Act;
(8) “factory” means a factory as defined in the Factories Act, 1948;
(9) “Finance Commission” means the Finance Commission constituted under clause
(1) of article 243-1 of the Constitution;
(10) “general election” means the election held under this Act for the constitution or
the reconstitution of a panchayat after the expiry of its term or otherwise;
(11) “land” includes land which is built upon, or covered with water;
(12) “Land Revenue Code” means the Bombay Land Revenue Code, 1879 in force
in the State of Gujarat;
1[(12A) “mobile tower” means a temporary or permanent structure, equipment or
instrument erected or installed on land or upon any part of the building or premises for
providing telecommunication services;]
(13) 2[ * * * * * ]
(14) “panchayat” means a village panchayat, taluka panchayat or district panchayat;
(15) “Panchayat Functions List” means the list of matters enumerated in Schedules
I, II, and III;
(16) “prescribed” means prescribed by rules;
(17) “public street” means any street—
(a) over which the public have a right of way, or
(b) heretofore levelled, paved, metalled, channelled, served or repaired out of
a panchayat fund or other public fund, or
(c) which under the provisions of this Act is declared by a panchayat to be or
which under the provisions of this Act becomes a public street;
(18) “revenue district” or “revenue taluka” means a district or, as the case may be,
a taluka or mahal constituted under the Land Revenue Code;
(19) “rules” means rules made, or deemed to have been made, under this Act;
(20) “Scheduled Castes” means such castes, races or tribes or parts of, or groups
within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the
State of Gujarat under article 341 of the Constitution of India;
(21) “Scheduled Tribes” means such tribes or tribal communities or parts of, or
groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in
relation to the State of Gujarat under article 342 of the Constitution of India;
(22) “Secretary” means a secretary of a panchayat appointed or deemed to be
appointed under this Act;
(23) “State Election Commission” means the State Election Commission referred to
in clause (1) of article 243-K of the Constitution;
(24) “Street” means any road, footway, square, court, alley or passage accessible
whether permanently or temporary to the public, whether a thoroughfare or not;
(25) “taluka” means a taluka constituted from time to time under the Land Revenue
Code, except the area over which a taluka panchayat has no authority under section 6;
1. Clause (12A) was inserted by Guj. 21 of 2011, s.10.
2. Clause (13) was deleted by Guj. 12 of 2001, s.2.
1993 : Guj. 18] Gujarat Panchayats Act, 1993. 3
(26) “Taluka Development Officer” means such officer as the State Government
may appoint to be a Taluka Development Officer for the purposes of this Act;
(27) “taluka panchayat” means a taluka panchayat constituted under this Act;
(28) “tax” means a tax, cess, rate or other impost leviable under this Act, but does
not include a fee;
(29) “vehicle” includes a bicycle, tricycle, motor car and every wheeled
conveyance which is used or capable of being used on a public street;
(30) “village panchayat” means a village panchayat constituted under this Act;
(31) “ward” means an area into which a village is divided under section 16;
(32) “year” except in the case of the term of panchayat, means the year
commencing on the 1st day of April unless another date is specified by the State Government by
notification in the Official Gazette;
(33) the words “gram sabha” “panchayat area” “population and “village” shall have
the meanings respectively assigned to them in Part IX of the Constition.
CHAPTER II.
ESTABLISHMENT OF PANCHAYATS OF DIFFERENT TIERS.
(A) Establishment of Panchayats and their area of Jurisdiction
3. For the purposes of this Act, there shall be in each district—
(1) a village panchayat for each village.
(2) a taluka panchayat for each taluka and
(3) a district panchayat for each district.
4. There shall be a gram sabha for a village for performing such functions as are
provided by or under this Act.
5. (1) A village panchayat shall be a body corporate by the name of
“The .................................. Village Panchayat”.
(2) A taluka panchayat shall be a body corporate by the name of
“The .................................. Taluka Panchayat”.
(3) A district panchayat shall be a body corporate by the name of
“The .................................. District Panchayat”.
(4) Every panchayat mentioned in sub-section (1), (2) or (3) shall have
perpetual succession and a common seal and may sue and be sued in its
corporate name, and subject to the provisions of this Act, shall be competent to
acquire and hold property, both movable and immovable, whether within or without
the limits of the area over which it has authority, to lease, sell or otherwise transfer any
movable or immovable property which may have become vested in it or have been
acquired or constructed by it, to raise loans upon the security of its fund in the
manner and subject to the limits and other requirements including guarantees prescribed by
rules, and to contract and do all other things necessary for the purpose of this Act.
Explanation.— Where a panchayat, with the previous sanction of the competent
authority, creates a remunerative asset, such creation of an asset shall be deemed to be for
the purposes of this Act. .
6. (1) A village panchayat, subject to the authority of the taluka panchayat and the
district panchayat, have authority for the purposes of this Act over the area for which it is
constituted.
Establishment
of Panchayats
of different
tiers.
Gram sabha.
Incorporation
of Panchayats
of different
classes.
Subordination
of panchayats
amongst
themselves
and their
powers,
functions and
duties.
4 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(2) A district panchayat and subject to the authority of the district panchayat,
a taluka panchayat, shall have authority for the purposes of this Act over the
area for which it is constituted, except, that portion of the area which for the
time being is within the limits of a city, municipal borough, small urban area,
notified area of cantonment constituted under any law for the time being in force:
Provided that a district panchayat or, as the case may be, a taluka
panchayat shall have also authority over such area outside the area for which it is constituted
for such purposes as the State Government may by notification in the Official Gazette
specify.
(3) Subject to the control of the State Government and the competent authority-
(a) a village panchayat shall be subordinate to the taluka panchayat and the
district Panachayat, and
(b) a taluka panchyat shall be subordinate to the district panchayat.
(4) Subject to the contorl of the State Government and the competent authority, a
district panchayat, a taluka panchayat, and a village panchayat shall exercise such
powers, perform such functions and duties and shall have such responsibilities and
authority as are provided by or under this Act or any other law for the time being
in force.
7. (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 1[twenty-five thousand.]
(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 villages any local area or otherwise
alternation 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 the
Constitution.
8. (1) The village panchayats, taluka panchayats, district panchayats and gram
sabhas shall constitute the Panchayat Organisation of the State of Gujarat.
(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.
(B) Constitution of Panchayats and their duration.
9. (1) A village panchayat shall consist of such number of members as provided in
sub-section (4).
(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-Sarpahch.
(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.
(4) A village panchayat of a village having population not exceeding three thousand
shall consist of 2[eight] members and in case of a village panchaya* where the population
of the village exceeds three thousand, than for every 3[three thousand] or part thereof in
excess of three thousand, the said number of 2[eight] shall be increased by two:
4[Provided that the amendment made in this sub-section by the Gujarat Local
Authorities Laws (Amendment) Act, 2014 shall not have effect till the expiration of
duration of any village panchayat, unless sooner dissolved.]
1. These Words were substituted for the words “fifteen thousand” by Guj. 23 of 2014, s. 5.
2. These Words was substituted for the words “seven” by Guj. 21 of 2014, s. 6 (i).
3. These Words were substituted for the words “one thousand” by Guj. 23 of 2014, s. 6 (a).
4. This proviso was added, ibid., s. 6 (b).
Recommendation
Specification
of village.
Panchayat
Organisation
and the
exercise of
control over
panchayats
by State
Government.
Constitution of
Village
Panchayats.
Guj. 23 of
2014.
1993 : Guj. 18] Gujarat Panchayats Act, 1993. 5
(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) 1[ As nearly as may be one-half] 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) 2[ As nearly as may be one-half] (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 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.
10. (1) A taluka panchayat shall consist of elected members as provided in sub-section (4).
(2) The elected members of a taluka panchayat shall be elected from amongst the
qualified voters of the taluka.
(3) A taluka panchayat shall have a President and Vice-President elected by its
elected members from amongst themselves.
(4) A talukapanchayat of a taluka having population not exceeding one
lakh shall consist of 3[sixteen] 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 3[sixteen] 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 rotaion to
different territorial constituencies in that taluka in the prescribed manner.
(ii) One tenth of the total number of seats n 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) 4[As nearly as may be one-half] 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) 5[As nearly as may be one-half] (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 maner.
1. These words were substituted for the words “One third” by Guj. 21 of 2014, s. 6(2)(i).
2. These words were substituted for the words “One third”, ibid., s. 6 (2)(ii).
3. Thise Words was substituted for the words “fifteen”, ibid., s. 7 (1).
4. This Words were substituted for the words “One third”, ibid., s. 7 (2)(i).
5. This Words were substituted for the words “One third”, ibid., s. 7 (2)(ii).
Constitution
of Taluka
Panchayats.
6 Gujarat Panchayats Act, 1993. [1993 : Guj. 18
(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 member of the Taluka Panchayat referred to in
clauses (3) and (4) of article 243C of the Constitution of India.
11 (1) A district panchayat shall consist of elected member as provided in
sub-section (4).
(2) The elected members of a district panchayat shall be elected from among the
qualified voters of the district.
(3) A district panchayat shall have a President and a Vice-President elected by its
elected members from amongst themselves.
(4) A district panchayat of a district having population not exceeding four lakhs shall
consist of 1[eighteen] 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 1[eighteen] 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) 2[As nearly as may be one-half] 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) 3[As nearly as may be one-half] (including the number of seats reserved for
women belonging to the Scheduled 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 Election
Commission by rotation to different territorial constituencies in the district in the prescribed
manner.
(6) Members of the Guiarat Legislative Assembly elected from any
constituency in the Disirict 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 (3) and (4) of article 243 C of the Constitution of India.
1. These words were substituted for the words “seventeen” by Guj. 21 of 2014, s. 8(1).
2. These words were substituted for the words “One third”, ibid., s. 8 (2)(i).
3. These words were substituted for the words “One third”, ibid., s. 8 (2)(ii).
Constitution
of District
Panchayats.
1993 : Guj. 18] Gujarat Panchayats Act, 1993. 7
12. (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) 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.
13. (1) Every panchayat, unless sooner dissolved under this Act shall continue for five
years from the date apointed for its first meeting and no longer.
(2) An election to consititute 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) 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
(1) had it not been so dissolved.
CHAFTER III.
ELECTION OF MEMBERS OF PANCHAYATS,
ELECTION DISPUTES, ETC.
14. In this Chapter, unless the context otherwise requires,-
(a) “Assembly” means the Gujarat Legislative Assembly;
(b) “Central Act” means the Representation of the People Act, 1950.
(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 revExcerpt shown. Open the full act in Lexace.