Gujarat Municipalities (Amendment) Act, 1978*
| [Gujarat Act No. 15 of 1978] | [25th February, 1978] |
An Act further to amend the Gujarat Municipalities Act, 1963.
It is hereby enacted in the Twenty-ninth Year of the Republic of India as follows:-
* Received the Assent of the Governor on the 25th February, 1978 is hereby published for general information.
1. Short title.- This Act may be called the Gujarat Municipalities (Amendment) Act, 1978.
2. Amendment of section 2 of Guj. 34 of 1964.- In the Gujarat Municipalities Act, 1963 (Guj. 34 of 1904) (hereinafter referred to as "the principal Act"), in section 2, after clause (12), the following clause shall be inserted, namely:-
"(12A) "list of voters" means a list of voters prepared and maintained in accordance with the provisions of sections 9 to 9E for a ward within the meaning of that expression in sub-section (1) of section 7;".
3. Insertion of section 7AA in Guj. 34 of 1964.- In the principal Act, in Chapter II, under the sub-heading "(3) Election of Councillors", before section 7, the following section shall be inserted, namely:-
"7AA. Definition.- In these provisions relating to election of councillors, unless the context otherwise requires-
(a) "Assembly" means the Gujarat Legislative Assembly;
(b) "Central law" means the Representation of the People Act, 1950 (43 of 1950):
(c) "qualifying date" means the 1st day of January of the year in which the list of voters for the purposes of the general election of councillors for reconstituting a municipality is prepared under section 9A or, as the case may be, is revised under the proviso to section 9F."
4. Amendment of section 7 of Guj. 34 of 1904.- In the principal Act in section 7, in sub-section (2), for the words "At any time before the date for entertaining the nominations of candidates for a general election is notified", the following shall be substituted, namely:-
"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 established or reestablished under the provisions of this Act otherwise than on the expiry of term of office of the councillors under section 8, at any such time before it is to be established, or as the case may be, reestablished as the State Government may, by order published in the Official Gazette, notify".
5. Substitution of section 9 by sections 9 to 9J in Guj. 34 of 1964.- In the principal Act, for section 9, the following sections shall be substituted, namely:-
"9. List of voters for every ward.- For every ward, there shall be a list of voters, which shall be prepared and maintained by such officer as may be designated by the Collector in this behalf in respect of a municipal borough (hereinafter referred to us "the designated officer"), in accordance with the provisions of sections 9A to 9E.
9A. Preparation of list of voters.- At any time not later than two months before 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 established or re-established under the previsions of this Act otherwise than on the expiry of the term of office of its councillors under section 8, at any such time as the State Government may by order published in the Official Gazette, direct, the designated officer shall, for the purpose of the general election of members for establishing, or as the case may be, re-establishing such municipality, prepare a list of voters for every ward in respect of such municipality as determined under section 7 and in force at the time when such list is prepared.
9B. Persons qualified to be registered as votered.- Subject to the provisions of section 9A to 9E every person who is not less than eighteen years of age on the qualifying date and who would be entitled to be registered as a voter in the electoral roll for a constituency for the purpose of elections to the Assembly under Part III of the Central law if under the said law persons less than twenty-one years of age on the qualifying date had been entitled to be so registered shall be entitled to be registered as a voter in the list of voters for any ward to be prepared under section 9A.
9C. Form of list of voters, etc.- (1) The list of voters for any ward to be prepared and maintained under the foregoing provisions shall consist of two parts as follows:-
(A) Part I of the list shall contain the names of all voters included in the electoral roll of the Assembly prepared under the provisions of the Central law for the time being in force for such part of the constituency of the Assembly as is included in the relevant ward, subject to any amendments, deletions or additions of names under sub-section (2) or the inclusion of any name under sub-section (4) made therein:
(B) Part II of the list shall contain the names of all persons, other than the voters whose names are included, or are eligible for being included, in Part I of the list, who are not less than eighteen years of age on the qualifying date and who would be entitled to be registered as voters in the electoral roll of the Assembly prepared under the provisions of the Central law for such part of the constituency of the Assembly as is included in the relevant ward if under that Act persons less than twenty-one years of age on the qualifying date had been entitled to be so registered.
(2) If on an application made to it in this behalf or on his own motion, the designated officer is satisfied that Part I of the list of voters is at variance with the relevant part of the electoral roll of the Assembly on account of any mistake in the said Part I, he shall amend the same so as to bring it in conformity with the said electoral roll and for that purpose may amend, delete of add any entry in the said Part I.
(3) Any person who may have become entitled to be registered in the relevant part of the electoral roll of the Assembly under the Central law after the 1st day of January of the year in which the electoral roll for the concerned constituency was last prepared or revised, as the case may he may apply to the designated officer for inclusion of his name in Part I of the list of voters.
(4) When the designated officer, after making such inquiry as be may consider necessary, is satisfied, that the applicant is entitled to be registered in the relevant part of the electoral roll of the Assembly under the Central law he shall direct the name of the applicant to be included in Part I of the list of voters.
(5) No amendment, deletion or addition of any entry in the list of voters for a ward shall be made under sub-section (2) and no direction for inclusion of a name in that list shall be given under sub-section (4) during the period between such date as the State Government may, by general or special order, notify in this behalf and the date of the completion of any concerned election in the ward.
(6) Part II of the list of voters for any ward shall be prepared in the prescribed manner and for such purpose the State Government shall, after consulting the Chief Electoral Officer for the State of Gujarat, by notification in the Official Gazette, make rules to provide for all or any of the following matters, namely:-
(a) the particulars to be entered in this Part of the list of voters;
(b) the procedure by which the designated officer may call for or collect the names and other particulars of the persons entitled to be Included as voters in this Part or by which such names and particulars may be furnished or sent to such officer;
(c) the preliminary publication of the names of voters to be included in this Pan of the list of voters;
(d) the manner in which and the time within which claims and objections?s to the inclusion of such names in such Part may be preferred;
(e) the manner in which notices of such claims or objections shall Lie published;
(f) the place, date and time at which claims or objections shall be heard and disposed of;
(g) inspection of such Part of the list of voters by, and the delivery of its copy to, any person on payment of such reasonable fee as may be prescribed;
(h) the revision and correction of such Part of the list of voters by amendment, deletion or addition of any entry or by taking any other remedial action if it appears that through mistake, in advertance or otherwise any entry in the list is made erroneously or defectively in any particular or any entry is left out or is wrongly included therein or any entry is required to be excluded from the list as a result of any person having ceased to be a voter on account of death or otherwise;
(i) any other matter for which rules may require to be made for carrying out the purposes aforesaid.
(7) The list of voters, consisting of both its parts shall, after it is finally prepared under this section, be published by the designated officer in the prescribed manner and shall come into operation immediately upon its final publication in accordance with the rules prescribed for the purpose. The list so published shall be final and conclusive.
9D. Name of person not to be included in list of voters for more than one ward.- No person shall be entitled to have his name included in the list of voters for more than one ward.
9E. Name of person not to be included in list of voters for more than once.- No person shall be entitled to have his name included in the list of voters for any ward more than once.
9F. Period for which a list of voters shall remain in operation.- The list of voters for any ward which has been published and has come into operation under sub-section (7) of section 9C shall, subject to any revision made under the proviso to this section, remain in operation until a new list of voters for that ward is prepared, published and comes into operation:
Provided that the Collector may, for reasons to be recorded in writing, direct that such list for any ward may be revised in the prescribed manner by reference to the qualifying dale, before any bye-election to fill a casual vacancy in a seat allotted to that ward.
9G. Staff of municipality to be made available.- Every municipality shall make available to the designated officer such staff as he may require for the performance of any duties in connection with the preparation and revision of a list of voters for si ward in respect of that municipality.
9H. Jurisdiction of civil courts barred.- No civil court shall have jurisdiction-
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to have his name included in a list of voters, or
(b) to question the legality of any action taken by or under the authority of the designated officer or of any decision given by any other authority appointed under this Act for the revision of any such list.
9-I. Making false declarations.- If any person makes in connection with-
(a) the preparation, revision, or correction of a list of voters, or
(b) the inclusion or exclusion of any entry in or from a list of voters,
a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine or with both
9J. Breach of official duty in connection with the preparation, etc. of list of votors.- (1) If the designated officer or any other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of a list of voters or the inclusion or exclusion of any entry in or from that list is, without reasonable cause, guilty of any act or omission involving breach of such official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid.
(3) No court shall take cognizance of any offence punishable under sub-section (1) except on a complaint made by order of, or under authority from, the State Government or the Chief Electoral Officer of the State of Gujarat.".
6. Amendment of section 14 of Guj. 34 of 1964.- In the principal Act, in section 14, in sub-section (7), after the words, brackets and figures "rules made under sub-section (5) of section 6" the words, brackets, figures and letter "or under sub-section (6) of section 9C" shall be inserted.
7. Transitory provision.- Notwithstanding anything contained in section 9B of the principal Act as amended by this Act,-
(i) no person who has not attained the age of 21 years on the qualifying date shall be entitled to have his name included in the list of voters for the purpose of any election that may be held during the specified period,
(ii) the list of voters for a ward in operation on the date of the commencement of this Act (hereinafter referred to as "the existing list of voters") shall, notwithstanding that it has become inconsistent with the provisions under the sub-heading "(3) Election of Councillors" in Chapter II of the principal Act as amended by this Act, continue to be in operation during the specified period, subject to the other provisions or the principal Act, as if this Act had not been passed.
Explanation.-For the purpose of this section-
(i) "qualifying date" shall have the same meaning as that expression has been given in clause (c) of section 7AA of the principal Act as amended by this Act;
(ii) "specified period" means the period beginning with the date on which this Act comes into force and ending on the date on which the new list of voters replacing the existing list of voters comes into operation.