Gujarat act 002 of 1979 : Gujarat Municipalities (Amendment and Validation) Act, 1979

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Gujarat Municipalities (Amendment and Validation) Act, 1979.

(2) It shall be deemed to have come into force on the 7th December 1978.

Section 2. Amendment of section 7 of Guj. 34 of 1964

2. Amendment of section 7 of Guj. 34 of 1964.- In the Gujarat Municipalities Act, 1963 (Guj. 34 of 1964) (hereinafter referred to as "the principal Act"), in suction 7,-

(1) in sub-section (1),-

(a) for the words "For the purpose of the election" the words "For the purpose of first election" shall be substituted;

(b) the words and brackets "after consultation with the municipality (if already constituted)," shall be deleted;

(2) after sub-section (1), the following sub-section shall be inserted, namely:-

"(1A)(a) In the case where such election is held immediately after-

(i) the census is taken under the Census Act, 1948 and the relevant figures of which are notified by the State Government in the Official Gazette, or

(ii) the limits of the municipal borough of a municipality are altered, the State Government shall, and

(b) in any other case where on account of a natural calamity or such other reason the State Government thinks it fit to do so, it may,-

in consultation with the municipality by order alter the limits of wards and the number of councillors to be elected from each of such ward:

Provided that alteration of the limits of wards of the municipal borough of a municipality and the number of councillors to be elected from each of such wards shall he made at any time not later than four months before the date of the expiry of the term of office of the councillors of a municipality under section 8 and in the case of a municipality which is to be re-established under the provisions of this Act otherwise than on the expiry of the term of office of the councillors under section 8 at any such time before it is to be re-established as the State Government may, by order published in the Official Gazette, notify.";

(3) in sub-section (2),-

(a) for the portion begining with the words "At any time not later than four months" and ending with the words "by order published in the Official Gazette, notify", the words "At any time before the date for entertaining the nominations of the candidates for a general election is notified" shall he substituted;

(b) the following shall he added at the end, namely:-

"or altered under sub-section (1A)."

Section 3. Validation of elections to Municipalities

3. Validation of elections to Municipalities.- Notwithstanding any judgment, decree or order of any Court, any election of councillors of a municipality held by the State Government under the principal Act, at any time, before the commencement of the Gujarat Municipalities (Amendment and Validation) Ordinance, 1978 without filtering the limits of wards in the municipal borough of such municipality or without altering the number of councillors to he elected from each of such wards, in the belief or purported belief that sub-section (1) of section 7 of the principal Act did not requite alteration of wards or number of councillors to be elected from each ward before every general election to a municipality, shall be and shall be deemed always to have been as valid as if it had been held in accordance with law and no such election shall be called in question in any court merely on the ground that it was held without altering the limits of wards of the municipal borough of the municipality of altering the number of members to be elected from each such ward.

Section 4. Repeal and savings

4. Repeal and savings.- (i) The Gujarat Municipalities (Amendment aud Validation) Ordinance 1978 (Guj. Ord. 11 of 1978) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.