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State of Gujarat - Section

Section 254 in The Gujarat Panchayats Act, 1993

254. Consequences or alteration of limits of village.

(1)When by a notification under clause (g) of Article 243 of the Constitution the limits of a village is 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 increase in the number of the members of the village panchayat by election of additional members,
(ii)in a case falling under clause (b), the removal of the members of the village panchayat, who in the opinion of the State Government represent the area excluded from the village;
Provided that where the area so excluded had been included in any other village, the members so removed shall be additional members of the panchayat of such village.
(iii)the term of additional members and the manner of filling casual vacancies;
(iv)allocation of any officer or servant of the panchayats affected by the alteration of the limits.
(2)The panchayat, if any, constituted for the village and 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 duration under this Act and on such expiry it shall be reconstituted in the manner provided in this Act.
(3)If in altering the limits of any village, the area excluded therefrom is included in any other village, then-
(a)such portion of the village fund, debts, obligations and other property of the village from which the area is so excluded shall be transferred to and shall vest in, the panchayat of the village in which such area is included, as the State Government may by order in writing direct;
(b)the rights and liabilities, of the panchayat in respect of any contracts, agreements and other matters and things, arising in or relating to the area so excluded shall vest in the panchayat of the village in which the area is so included:
(c)any notice, tax fee, cess, order, licence, permission rule or bye-law issued, imposed, granted or made in respect of the area so excluded shall be deemed to have been issued, imposed, granted or made in respect of the panchayat in which the area is so included and shall continue in force until it is superseded under the provisions of the law applicable thereto;
(d)all proceedings relating to the area excluded from the village and pending before the panchayat on the date of such exclusion shall be transferred to and disposed off by the panchayat of the village in which the area is included.