Gujarat Municipalities (Amendment) Act, 1983*
| [Gujarat Act No. 2 of 1983] | [2nd March, 1983] |
An Act further to amend the Gujarat Municipalities Act, 1963.
It is hereby enacted in the Thirty-fourth Year of the Republic of India as follows:-
* Received the Assent of the Governor on the 2nd March, 1983 is hereby published for general information.
1. Short title and commencement.- (1) This Act may be called the Gujarat Municipalities (Amendment) Act, 1983.
(2) It shall be deemed to have come into force on the 17th August, 1982.
2. Insertion of new section 263A in Guj. 34 of 1964.- In the Gujarat Municipalities Act, 1963 (Guj. 34 of 1964) (hereinafter referred to as "the principal Act"), after section 263, the following now section shall be inserted, namely:-
"263A. Power of State Government to appoint Officer to exercise and perform the duties of municipality when elections cannot be held for reconstituting it.- (1) Notwithstanding anything contained in this Act or the rules or bye-laws made thereunder, if in respect of any municipality the State Government is satisfied, at any time before or after the date on which it is or has become liable, to be reconstituted on account of the expiry of the term of its councillors or otherwise, notwithstanding that the Central Government has taken census under the Census Act, 1948 it is not possible to hold elections within reasonable period for the reconstitution of that municipality in accordance with the relevant figures of the census so taken by reason of the fact that,-
(a) the relevant, figures are not available to the State Government for being notified by the State Government in the Official Gazette, or
(b) that reconstitution of wards, determination of number of councillors to be elected therefrom and preparation of list of voters, on the basis of the relevant figure, of the census when made available is not likely to be completed within a reasonable period,
the State Government may, by notification in the Official Gazette make a declaration to that effect.
(2) A notification issued under sub-section (1) in relation to any municipality shall remain in force for such period, not exceeding six mouths, as may be specified therein:
Provided that if the State Government is of the opinion that it is necessary so to do it may by order and for reasons to be mentioned therein, extend, from time to time, the period so specified; so, however, that the notification shall not in any case remain in force for mow than one year in the aggregate.
(3) On the issue of a notification under sub-section (1) in relation to any municipality with effect from such date (not being earlier than the date on which the municipality is or has become liable to be reconstituted) as the State Government may, by order, specify and so long as that notification remains in force, all the powers and duties of the municipality shall be exercised and perfomed by such officer of the State Government, as may be specified in the said order.
(4) The State Government shall, before the expiry of the period specified in the notification issued under sub-section (1) or extended under the proviso to sub-section (2), as the case may be, take, steps for the purpose of reconstituting the municipality in the manner provided in this Act."
3. Amendment of section 266D of Guj. 34 of 1964.- In the principal Act, in section 266D, in sub-section (1), after the existing proviso, the following proviso shall be added, namely:-
"Provided further that the State Government may, from time to time, by an order published in the Official Gazette, extend the period of one year referred to in sub-section (1) or, as the case may be, in the first proviso, by a further period not exceeding one year in the aggregate on account of the circumstances created by reason of the fact specified in clause (a) or clause (b) In sub-section (1) of Motion 263A."
4. Repeal and saving.- (1) The Gujarat Municipalities (Amendment) Ordinance, 1983 (Guj. Ord. 1 of 1983) 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.