Gujarat Panchayats Act, 1993
(1) In this section unless the context otherwise requires— (a) "appointed day" means such date as the State Government may, by notification in the Official Gazette appoint; (b) "an existing panchayat" means a gram panchayat, taluka panchayat or district panchayat existing immediately before the appointed day, and where any such panchayat has been superseded or dissolved includes the person or persons appointed to exercise the powers or to perform the functions of such panchayats; (c) "the successor panchayat" means a village panchayat, taluka panchayat or district panchayat constituted under this Act for such local area as corresponds to the respective local area of the existing gram panchayat, taluka panchayat or district panchayat. (2) With effect on, and from the appointed day the Gujarat Panchayats Act, 1961 shall stand repealed and the following consequences shall ensue, that is to say— (a) all property, movable and immovable, and all interests of whatsoever and kind therein, which vested in an existing panchayat, immediately before the appointed day, shall be deemed to be transferred to, and shall vest in the successor panchayat, subject to all limitations, conditions and rights or interests of any person, body or authority in force or subsisting immediately before the appointed day; (b) all rights, liabilities and obligations of an existing panchayat, (including those arising under any agreement or contract) shall be deemed to be the rights, liabilities and obligations of the successor panchayat; (c) any functions relating to recovery of land revenue and cess under the Land Revenue Code and law relating, to collection of cess ; any functions of district school boards; any functions under the Gujarat Co-operative Societies Act, 1961 and any functions of the State Government under any enactment or any other function of the State Government, transferred to an existing panchayat under the repealed Act shall be deemed to have been transferred to the successor panchayat under this Act; (d) all sums due to an existing panchayat, whether on account of any tax or otherwise, shall be recoverable by the successor panchayat and for the purposes of such recovery the successor panchayat shall be competent to take any measure or institute any proceedings which it would have been open to an existing panchayat, or any authority thereof to take or institute before the appointed day; (e) the unexpended balance in the Gram Fund, Taluka Fund, District Fund or, as the case may be, District Family Welfare Fund constituted under the Repealed Act and all sums due to an existing panchayat and such sums of any other body or bodies as the State Government may direct shall form part of, and be paid into, the respective village fund, taluka fund, district fund or, as the case may be, District Family Welfare Fund of the successor panchayat constituted under this Act; (f) the unexpended balance in the State Equalisation Fund, District Equalisation Fund, District Gram Encouragement Fund and District Development Fund established under the repealed Act shall form part of and paid into corresponding fund established under this Act; (g) all contracts made with, and all instruments executed by or on behalf of an existing panchayat shall be deemed to have been made with, or executed by or on behalf of the successor panchayat, and shall have effect accordingly; (h) all proceedings and matters pending before the existing panchayat or any authority of an existing panchayat, under the Repealed Act immediately before the appointed day, shall be deemed to have been instituted and to be pending before the successor panchayat or such authority as the successor panchayat may direct; (i) in all suits and legal proceedings pending on the appointed day in or to which an existing panchayat, is a party, the successor panchayat, shall be deemed to be substituted thereof; (j) any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, bye-law, regulation or form made, issued, imposed or granted in respect of the local area of an existing panchayat under the Repealed Act and in force immediately before the appointed day, shall, in so far as it is not inconsistent with the provisions of this Act, continue to be in force as if made, issued, imposed or granted in respect of the corresponding local area of the successor panchayat under this Act until superseded or modified by any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, bye-law, regulation or form made, issued, imposed or granted under this Act; (z) giving relief and establishing and maintaining relief works in time of famine or scarcity to or for destitute persons within the limits of the Panchayat. 2. In the sphere of public works- (a) removing of obstructions and projections in public streets or places and in sites, not being private property, which are open to the public whether such sites are vested in the panchayat or belong to Government; (b) construction, maintenance and repair of public roads, drains, bunds and bridges : Provided that if the roads, drains, bunds and bridges vest in any other public authority, such works shall not be undertaken without the consent of that authority; (c) maintenance and regulation of the use of buildings handed over to the panchayat or of Government buildings under the control of the panchayat, grazing lands, forest land including lands assigned under section 28 of the Indian Forest Act, 1927 and tanks and wells (other than tanks and wells of irrigation); (d) lighting of the village; (e) control of fairs, bazars, tonga-stand and carts stands; (f) construction and maintenance or control of slaughter houses; (g) planting of trees in market places and other public places and their maintenance and preservation; (h) construction and maintenance of Dharmashalas; (i) management and control of bathing and washing ghats which are not managed by any authority; (j) establishment and maintenance of markets; (k) construction and maintenance of houses for conservancy staff and village functionaries of the panchayat; (l) provision and maintenance of camping grounds; (m) establishment, control and management of cattle pounds; (n) establishment and maintenance of works for the provision of employment particularly in times of scarcity; (o) extension of village sites and the regulation of buildings and housing schemes in accordance with such principles as may be prescribed; (p) construction and maintenance of buildings for warehouses, shops, purchasing centres and such others; (q) construction and maintenance of buildings for common use and of buildings necessary for development activities; (r) generation, distribution and supply of electrical energy and other matters connected therewith. 3. In the sphere of education and culture- (a) spread of education; (b) establishment and maintenance of akhada, parks, clubs and other places of recreation for the welfare of women and youth; (c) establishment and maintenance of theaters for promotion of art and culture; (d) establishment and maintenance of libraries and reading rooms; (e) promotion of social and moral welfare of the village including prohibition, propaganda, removal or untouchability, amelioration of the condition of the backward classes, the eradications of corruption and the discouragement of gambling and other anti-social activities; (f) assisting me introduction of compulsory primary education as planned by the State; (g) provision of school-buildings and of necessary equipment for education; (h) pre-primary education and child-welfare activities; (i) repairs and maintenance of school buildings; (j) maintenance of school funds; (k) offering financial assistance to needy students; (l) celebration of school functions and festivals; (m) arranging cultural programmes for the purposes of popular of education; (n) provision for light meals for school children, if possible; (o) establishment, construction and maintenance of secondary schools.