Section 10 in Gujarat Panchayats (Second Amendment) Act, 1976
10. Substitution of new section for section 310A.- For section 310A of the principal Act, the following section shall be substituted, namely:-
"310A. Consequences of alteration of limits of district or taluka.- (1) When, on account of the constitution of a new district or taluka under the Land Revenue Code, or for any other reason, the limits of a district, or as the case may be, a taluka are, during the term of office of the members of the district panchayat or, as the case may be the taluka panchyat, altered so as to-(a)include any area therein, or(b)exclude any area therefrom,the State Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by order published in the Official Gazette, provide for all or any of the following matters, namely:-(i)in a case falling under clause (a), the interim increase in the number of members of the district panchayat or, as the case may be, the taluka panchayat, and the appointment of such additional members from amongst persons qualified to be elected under the provisions of this Act as such members from the area so included:Provided that where the area so included had been a part of a district or taluka for which a panchayat has been established, the members of such panchayat who are elected from that area shall be appointed as additional members;(ii)in a case falling under clause (b) the interim reduction in the number of members of the district panchayat, or, as the case may be, the taluka panchayat and the termination of office of the elected members of the district panchayat or, as the case may be, taluka panchayat who are elected as such members from the area so excluded;(iii)the term for which additional members so appointed shall hold office and the manner of filling casual vacancics of such members;(iv)allocation of any officer or servant of the panchayat affected by the alteration of the limits;(v)the removal of any difficulty which may arise on account of any change referred to in clause (a) or clause (b).(2)The district panchayat or the taluka panchayat, if any, functioning immediately before the alteration of the limits shall, subject to the addition or exclusion of members under sub-section (1), continue to function until the expiry of its term under this Act and on such expiry it shall be reconstituted in the manner provided in this Act.(3)If in consequence of the alteration of the limits of any district or taluka, the area excluded therefrom is included in any other district or taluka, then-(a)such portion of the district or taluka fund, and other property of the district or taluka panchayat of the district or taluka from which the area is so excluded shall vest in, and be transferred to, the district panchayat, or as the case may be, the taluka panchayat of the district, or as the case may be, the taluka in which such area is included, as the State Government may, by order in writing, direct;(b)the rights, assets and liabilities of the district or taluka panchayat of the district or taluka from which the area is so excluded in respect of any contracts, agreements and other matters and things, arising in or relating to the area so excluded, shall vest in, and be transferred to, the district or taluka panchayat of the district or taluka in which the area is included;(c)any notification, notice, tax, fee, cess, rule, bye-law, order, licence or permission issued, imposed, made or granted by the district or taluka panchayat in respect of the area so excluded shall be deemed to have been issued, imposed, made or granted by the district or taluka panchayat of the district or taluka in which the area is so included and shall continue in force until it is superseded in accordance with law;(d)all proceedings relating to the area excluded from the district or taluka and pending before the panchayat on the date of such exclusion shall be transferred to and disposed of by the district or taluka panchayat of the district or taluka in which the area is included.".
