43. Gram Sabha to be empowered to function as Panchayat.
(1)The State Government shall, on the constitution of a Gram Sabha for a Gramdan village in which a Panchayat is functioning, by notification in the Official Gazette, declare that the Gram Sabha shall exercise all the powers and discharge all the duties and functions of the Panchayat in relation to the Gramdan village.(2)Upon the issue of a notification under sub-section (1)-(a)the Panchayat which functioned immediately before the date of the notification shall, in relation to the Gramdan village, cease to function therein:(b)all the powers, duties and functions attaching to the Panchayat under the Rajasthan Panchayat Act. 1953, or under any law for the time being in force in the State, shall in relation to the Gramdan village, attach to the Gram Sabha and accordingly, the Gram Sabha shall exercise the powers and discharge the duties and functions aforesaid: and the officers and servants of the Panchayat shall, subject to the provisions of the Rajasthan Panchayat Act, 1953, become the officers and servants of, or as the case may be, work under the Gram Sabha:(c)the person elected by the Panchayat for the purpose of constituting a Nyaya Panchayat under the Rajasthan Panchayat Act, 1953, shall be deemed to be the person elected by the Gram Sabha out of its members for the constitution of that Nyaya Panchayat until the Gram Sabha elects any other person as provided in that Act:(d)the provisions of the Rajasthan Panchayat Act, 1953, shall, subject to such restrictions and modifications as the State Government may specify in the notification, apply to the Gram Sabha as if it were a Panchayat constituted under that Act for the Gramdan village:(e)the Gram Sabha shall be entitled to all the assets, and be subject to all the liabilities, of the Panchayat (including all rights and liabilities under any contract made by it) as on the date of the notification.(f)where immediately before the date of the notification aforesaid, a Panchayat was a party to any legal proceeding in any court or tribunal in the State, the Gram Sabha shall stand substituted for that Panchayat as a party to that proceeding, or added as party thereto, as the case may be, and the proceedings, continued accordingly.(3)Any notification issued under sub-section (1) may contain such supplemental, incidental and consequential provisions as the State Government may deem necessary and in particular, may direct-(i)that any tax, fee or other sum due to the Panchayat shall be payable to the Gram Sabha;(ii)that appeals, petitions or other applications with reference to any such tax, fee or sum which are pending on the date of such notification shall be disposed of by the Gram Sabha.
