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EXTRAORDNARY
Vol. LVI
PUBLISHED BY AUTHORITY
TIIURSDAY, APRIL 16, 2015/CAITRA 26, 1937
I
Separate
pagng is given to this Part in order that it may be filed as a Separate Compilation.
PART I-A
.
CENTRAL SncTToN
Orders and Notilications (Other than those published in Part IV-B)
under the Gujarat Loca[Boards, Village Panchayats, Municipal
Boroughs,DistrictMunicipaI,PrimaryEducationandLocal
Fund.Audit Acts.
"
PANCHAYATS, RURAL HOUSING & RTIRAL DEVELOPMENT DEPARTMENT
, .
;"'""
Notification
Sachivalaya, Gandhinagar,.$'""'April, 2015.
GUJARAT PAI\CHAYATS ACT, 1993.
N o.KP/24of 201S/PRR/ tOiOtqDsg/CH:- WHEREAS, certain draft rules were published as
required by sub-section (5) of section 274 read with sub-section (4) of section 200 of the Gujarat
Panchayats Act,1993 (Guj. 18 of 1993), at pages 69-1 to 69-7 inthe Gujarat Government Gazetie,
Extraordinary, Part I-A, Central Section, dated the, 31't January, 2015, under the Govemment
Notif,rcation,. Panchayats, Rural Housing ,and Rural Dev.elopment Deparknent No. KP/8 of
2015/PRR/10201419591CH, dated the 31't January, 2015, inviting objections and suggestions from
all persons likely to be affected thereby within a period of thirty days from the date oi publication
of the said notification in the Official Gazette;
.
AND WHEREAS, no objection or suggestion has been received by the Government in
respect to the said draft notification ;
NOW, THEREFORE, In exercise of the powers conferred by sub-section (1) of section 274, read
with sub-section (a) of section 200 of the Gujarat Panchayats Act, 1993 (Guj.lS of 1993), the
Government of Gujarat hereby makes the following rules, namely:-
'
1. ' Short title.- These rules may be called the Gujarat Village Panchayat Village Site Property
(Mode of Making Mutation Entry in the Occupancy Right) Rules, 2015.
2.
,-
Definitions.: ln these rules unless the conte4t otherwise requires,-
(a) "Form" means form appended to these rules;
(b) "Panchayat" means Village Panchayat;
(c) "Property" means the property entered in Form No.78 under the Gujarat Panchayats Financial
Accounts and Budget Rules, 2014;
(d) "secretary" means secretary of a Village Panchayat.
'I-AEx.-177
177-l
CUJARAT COVERNMENT CAZFTTE, EX., I6-4-20
177-2
I PART I-A
I5
3..
These rules shall be applicabie only to those revenue villages in which city survey has not
come in force and on implementation of city suwey in those villages, application of these rules will
suo motu come to an end and the record will come in existence as per provisions of the Bombay
Land Revenue Code, 1879 about city survey.
4.
(1) The Secretary shall maintain Form No.l and Form No.3 as per formats
appended
herewith.
(2)
First the Form No.l (property card) shall be prepared from the- details of assessment
statement maintained in Form No.78 under the Gujarat Panchayats Financial Accounts and Budget
-
Rules,2014.
5.
As regards the properties liable for Panchayat assessment, prior to making mutation in the
name written under the heading 'Name of Owner" written in column 5 of Form No.78 maintained
under the Gujarat Panchayats Financial Accounts and Budget Ru1es, 2014, mutation can be made in
the name only after adopting procedure stated in these ruies.
6.
(1) When the change in right of property is made due to any lawful reason cf sale, heirship,
the. application to the secretary of a Village
Panchayat for making mutation.
wiil, order of the court etc., the applicant shall make
(2) On receipt of the application, the secretary shall make entry with date in Form No.3 within
maximum 7 day.s, which will be known as the provisional entry.
(3) In Eorm No.3, in column of serial number, the number of entry sha1l be given
consecutively as 1,2, 3,4. . ... On the day on which the provisional entry is made, the secretary shall
send by Registered Post A.D., the notice in Form No.4 of these rules, along with a copy of the
provisional enrq to allpersons affected. '
t4) Ifnotice is not served b; Registered Post A.D. due ro an1 reason. il shall be ierved in
persorr.'If the concemed person refuses to accept notice in person; then in presence of Panchas
notice shall be served by pasting the notice on the door of the house ofthe person concemed.
(5) If there is any objection in respect of mutation, on receipt of the notice alongwith the
provisional gntry, the affected person ioncemed may submit written objections, so as to be received
by Panchayat within 30 days.
7.
(1) All persons concemed with the propefly in respect of which the objection is submitted in
comection with mutation, as per principles of natural justice, shall be given an opportunity to hear
in person before Panchayat and to adduce evidence.
(2) As a representative ofthe person who submitted objections, the person authorized by him
or the advocate may appear before the Panchayat.
8.
On completion of process of written/oral representation and adducing evidence as per
principles of natural justice by the person who submitted objection, the Panchayat shall, in its
meeting by recording reasons in writing, take decision in a fom of resolution about concemed
provisional entry is 'approved' or 'disapproved', but the concemed provisiona-l entry carurot be
cancelled.
9.
(1) As per the decision of Panchayat regarding mutation entry, the secretary shall put dated
signature in column 5 against mutation entry in Form No.3, quoting resolution of Panchayat and
shall make entry as "Approved" or "Disapproved". Exarirple, Approved as per Resolution No.102.
(2) According to the decision taken by Panchayat about mutation entry, the secretary shaii
make mutation in relevant records ofPanchayat.
(3) The Secretary shall
send
to the respective
parties
a
copy
approved/disapproved within 3 days from the date of decision of a Panchayat.
of
mutation entry
CENTRAL SECTION
I
GUJARAT GOVERNMENT GAZETTE, EX.,
16_04_2015
171_3
10. (1) A person being aggrieved by the decision of a Panchayat, may prefer an appeal in the
District Panchayat Appeal Committee within 30 days from the date of the decision.
(2) On receipt ofan appeal, the District Panchayat Appeal Committee, shall exercise appgllate
powers as per provisions of section 242 of the Gujarat Panchayats Act, 1993 and dispose of the
appeal.
11. The person being aggrieved by the decision of the District Panchayat Appeal Committee
may make representation for revision to the State Govemment or the authority authorised by the
State Govemment as per sec.tion 259 of the Gujarat Panchayats Act, 1993 and its decision shall be
considered final.
12.
The Secretary shall issue copy after recovering copying fee as per the instructions of the
Revenue Departrnent issue fiom time to time in respect of copying fee.
13. When the question of interpretation arises in implementation of these rules, the decision
the State Govemment shall be considered final.
Form No.1
6ee ru|e4121.1
Property Card
Property number
Name of Street/lane
Description of property
Name of
O*ner:
'
(|
Tenure
t
(2)
(3)
Boundries: North-------
South
East
Other Rights
West
:
Entry Number
Detail of Entry
Decision of Village Panchayat
of
177-4
GUJARATGOVERNMENTGAZETTE,EX.,
16-4-2015
IPART
I_A
Form No.2
rule 6(1))
Application
(See
Full name and address
of the applicant
Mob. No.
'
TolThe Secretary,
Village Panchayat
'
Subject : Making mutation in occupaat of the property number
With ref'erence to the subject mentioned above, I have to state that.
lwrite detai)s olproperty)
It is requested to entdr the name of
-
occupant
'
for the
ofthe property number
.
P1ace":
Dated
existing
Signature ofapplicant
--
1
:
X'orm No.3
(See
rules 6(2), 6(3) and 9(l))
Stajen0eqt showine details of mutaliion
Viliage Panchayat
Sr.
No.
I
Detaiis of
mutation
Property
number
2
J
Description o{
properfy
4
Taluka,
Decision of Village
Panchayat
5
CENTRAL SECTION
I
GUJARAT GOVERNMENT GAZETTE, EX.,
16-04_2015
117_s
Form No.4
(See rule6(3))
Notice resarding mutation
To,
NOTICE
Notice is hereby given and informed that an application made on _
by Shri
residing at
in respect of property number
description of properfy
application mutation entry
'
number
dated
_
has been made in the village
record. A copy ol which is enclosed herewith.
.
If you have any objection / complaint about
this mutation, you have to send written reply regarding that sb as to reach the same to
Village Panchayat within 30 days from the receipt ofthe notice. If no'representation is made
by you within the stipulated time-iimit,, it will presumed that you do not want to say
anyahing. Kindly note that Village Panc.hayat will take decision as per merits of the case.
" Secrqtary
'
Village Panchayat
Taluka
Dated
:
Place
:
Encl.: Mutationientry
number_
copy
\
.
By order and in the name of the Governor of Gujarat,
VANRAJPADHARIYA
Under Secrelary to Government.
GoWRNMENT Cf, mRAL PRnss, GANDHTNAGAR.