Section 58 in Gujarat Panchayats (Second Amendment) Act, 1963
58. Substitution on of section 310 of Guj. VI of 1962 by new section.- For section 310 of the principal Act, the following section shall be substituted, namely:-
"310. Effect of ??? version of gram; into nagar ??? of grams etc.- (1) Where by virtue of a notification issued under sub-section (2) of section 9, any gram cease to be a gram or any nagar ceases to be a nagar, and(i)the local area comprised in the gram is declared to be a or is split up into a nagar and a new gram or into two or more grams, or(ii)the local area comprised in the nagar is declared to be a gram or split up into two or more gleams,with, effect from the date on which the local area is so declared or split up (hereinafter referred to as "the said date") the following consequences shall that ensue, that is to say-(a)the panchayat constituted in respect of such local area shall stand dissolved and all the members of the panchayat shall vacate office;(b)until for the nagar or, as the case may be, the respective new gram ??? panchayat or as the case may be a grain panchayat is constituted, the State Government shall appoint an administrator or administration to exercise the powers and perform the functions of the respective panchayat of the nagar or, as the case may be, new gram;(c)the members elected by the panchayat dissolved under clause (a) (hereinafter referred to as "the dissolved panchayat") to the Nyaya Panchayat functioning in the local area shall cease to be members of the Nyaya Panchayat and until the respective panchayat is constituted as aforesaid, the State Government shall-(i)in the case of a new gram, appoint from amongst persons qualified under section 214 a person to be a member of the Nyaya; Panchayat of the group in which such gram has been included; and(ii)in, the case of the nagar, appoint from amongst persons qualified under section 214 members of the Nagar Nyaya Panchayat of the, Nagar and a standing member of the conciliation panch of the nagar;(b)the Gram Nyaya Panchayat affected by the dissolution of a panchayat under section 9 shall continue to function in the area of the group of grams which continue within its jurisdiction after the exclusion of any area there from under section 9 unless the number of grams included in the group is rendered less than three;(e)the unexpended balance of the gram fund or, as the case may be, fund and all properties, including, arrears of rates, taxes and fees be lending to the dissolved panchayat shall, subject to all charges and liabilities affecting the same, vest in such proportion and in such manner as the State Government may direct in the repetitive panchayat of the nagar or new gram:Provided that until the respective panchayat for the nagar or new gram is constituted and it holds its first meeting under sub-section (1) of section 44, the unexpended balance of the fund and other properties, vesting in the panchayat shall be held by the administrator of the nagar or, as the case may be, new gram and shall be utilised by him for the benefit of the inhabitants of the nagar or new gram in such manner as he may think fit,(f)any appointment, notification, notice, tax, fee cess, order, scheme licence, permission, rule, by law or form made, issued, imposed or grafted in respect of the area within the jurisdiction of the dissolved panchayat and in force on the said date shall continue in force and be deemed to have been made, issued, imposed or granted it respect, of the nagar or new gram formed, out of the, said area until it is superseded or modified by any appointment Notification, notice, tax, fee, cess, order, such licence permission, rule, by-law or form made, issued, imposed or granted under the law applicable thereto;(g)all budget estimates, assessments, assessment lists, valuations or measurements the made or authenticated by the dissolved panchayat immediately become the said date shall, in so far as they relate to the nagar or, as the case may be, new gram, be deemed to have been made or authenticated in respect of the nagar or new gram;(h)all, debts and obligations incurred and all contracts made by or on behalf of the dissolved panchayat immediately before the said, date and subsisting on the said date shall in so far as they relate to the nagar or any new gram formed in the, area within the jurisdiction of the dissolved, panchayat be the debts and obligations incurred by and, the contracts made by the panchayat of the nagar or, as the case may be, new gram;(i)all officers and, servants in the employ of the dissolved panchayat immediately before the said date shall be allocated to the panchayat of the nagar or, as the case may be new gram or new grams by the State, Government in such manner as it may direct and until other provision is made in accordance with this Act, they shall receive salaries and allowances and be Subject to the conditions of service to which they were entitled or subject on the skid date;(j)all proceedings (including appeals) pending at the said date before the dissolved panchayat shall be deemed to be transferred to and continued by the panchayat of the nagar or new gram before which they would have been instituted, had the nagar or new gram been formed when the proceedings were instituted;Provided that until the panchayat for the nagar or new gram is constituted the administrator appointed for the nagar or, as the case may be, new gram may deal with such proceedings and dispose them of;(k)all, prosecutions instituted by or on behalf, of and all suits or other legal proceedings instituted by or against the dissolved panchayat or any officer thereof and pending at the said date shall be continued by or against the panchayat of the nagar or, new gram by, on behalf of or against which they would have been instituted, had the, nagar or new gram been formed when the prosecutions, suits or legal proceedings were instituted and until such panchayat is constituted, shall be continued by or against the administrator appointed for the nagar or, as the case may be, new gram.(2)Within one year of the said date the panchayat for the respective nagar or as the case may be, new grim shall be constituted in accordance with the provisions of this Act."
