1 [117. Effect of amalgamation of panchayat areas
(1) When 2 [during the term of office of members of Grama panchayats, two or more contiguous panchayat areas] are amalgamated and declared to be a panchayat area (hereinafter in this section referred to as the amalgamated panchayat area) by virtue of a notification under section 4 2 [notwithstanding anything contained in this Act, with effect from] the date on which such notification is issued (hereinafter in this section referred to as the specified date), the following consequences shall ensue, namely.-
(a) the Grama Panchayats of such local area (hereinafter in this section referred to as the existing Grama Panchayats) shall cease to exist and all the members of such Grama Panchayats shall vacate office;
(b) There shall be constituted for the amalgamated panchayat area a Grama Panchayat (hereinafter in this section referred to as interim Grama Panchayat) consisting of members nominated by the Deputy Commissioner and such members shall, as far as may be practicable be persons who are the members of the existing Grama Panchayats;
3 [(c) The Adhyaksha and Upadhyaksha of the interim Grama Panchayat and the members of the Standing Committee shall be elected in the manner provided in this Act, within one month from the specified date;
(d) The members of the interim Grama Panchayat so constituted, shall subject to the provisions of sections 12, 13, 43 and 43-A hold office for the remainder of the period for which all the existing Grama Panchayats would have continued or where the remainder of the period is different in respect of different existing Grama Panchayats, till the remainder of the period of the last of such existing Grama Panchayats would have expired had there not been amalgamation of panchayat areas under this section.]
(e) Before the expiry of the term of the interim Grama Panchayat in accordance with the provisions of clause (d), a Grama Panchayat (hereinafter referred to as the amalgamated Grama Panchayat) shall be constituted in the manner provided in this Act;
4 [(f) x x x]
(2) When an amalgamated Grama Panchayat is constituted under this section so much of the Grama Panchayat fund and other property vesting in the existing Grama Panchayats shall vest in and such portion of the debts and obligations shall be transferred to, the Grama panchayat established under this section as the Deputy Commissioner may by order direct.
(3) The rights and liabilities of the existing Grama Panchayats in respect of civil and criminal proceedings, contracts, agreements and matters or things arising in and relating to amalgamated panchayat area shall vest in the Grama panchayat established under this section.
(4) All budget estimates, assessment and assessment list, valuation or measurements made or authenticated by the existing Grama Panchayats before the specified date shall be deemed to have been made or authenticated in respect of the Grama Panchayat established in respect of amalgamated panchayat area.
(5) Any appointment, notification, notice, tax, order, scheme, licence permission, rule, regulation, bye-law or form made, issued, imposed or granted in respect of such local areas and in force on the specified date shall continue in force and be deemed to have been made, issued or granted in respect of the amalgamated panchayat area until it is suspended or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, regulation, bye-law or form made, issued, imposed or granted under this Act.
(6) All officers and servants in the employ of the existing Grama Panchayats immediately before the specified date shall be officers and servants of the Grama Panchayat constituted in respect of the amalgamated panchayat area and shall until such other provision is made in accordance with this Act, receive salaries and allowances and be subject to conditions of service to which they were entitled or subject immediately before such date:
Provided that it shall be competent for the interim Grama Panchayat or the amalgamated Grama Panchayat, as the case may be, subject to the previous sanction of the Deputy Commissioner to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable to the requirements of the Grama Panchayat service in respect of the amalgamated panchayat area, after giving the officer or servant such notice as is required to be given by the terms of his employment, and every officer or servant whose services are so discontinued shall be entitled to such leave, pension, and gratuity as he was entitled to take or receive on being invalidated out of service, as if the Grama Panchayat, in the employ of which he was, had not ceased to exist.
(7) All proceedings pending immediately before the specified date before the existing Grama Panchayats shall be deemed to be transferred to and continued before the interim Grama Panchayat or the amalgamated Grama Panchayat, as the case may be.
(8) All appeals pending before the existing Grama Panchayats immediately before the specified date shall, so far as may be practicable, be disposed of by the interim Grama Panchayat or the amalgamated Grama Panchayat, as the case may be.
(9) All prosecutions instituted by or on behalf of the existing Grama Panchayats or any officer of such Grama Panchayats, pending immediately before the specified date shall be continued by or against the interim Grama Panchayat or the amalgamated Grama Panchayat, as the case may be.
(10) If any difficulty arises in giving effect to the provisions of the preceding sub-sections the Government may, as occasion requires, by order published in the official Gazette do anything which appears to it to be necessary to remove the difficulty.]
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1. Subsection 1 to 10 Substituted by Act 10 of 1997 w.e.f. 14.8.1997.
2. Substituted by Act 29 of 1997 w.e.f 20.10.1997.
3. Clause (c) (d) substituted by Act 29 of 1997 w.e.f. 20.10.1997.
4. Omitted by Act 29 of 1997 w.e.f. 20.10.1997.