Preamble
Gujarat Municipalities (Amendment) Act, 1993*
| [Gujarat Act No. 17 of 1993] | [17th August, 1993] |
An Act further to amend the Gujarat Municipalities Act, 1963 to give effect to the Constitution (Seventy-fourth Amendment) Act, 1992 on Municipalities.
It is hereby enacted in the Forty-fourth Year of the Republic of India as follows:-
Section 1. Short title and commencement
1. Short title and commencement.- (1) This Act may be called the Gujarat Municipalities (Amendment) Act, 1993.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Section 2. Amendment of section 2 of Guj. 34 of 1964
2. Amendment of section 2 of Guj. 34 of 1964.- In the Gujarat Municipalities Act, 1963 (Guj. 34 of 1964) (hereinafter referred to as ‘the principal Act’), in section 2,-
(1) after clause (1), the following new clause shall be inserted, namely:-
"(1A) "Assembly" means the Gujarat Legislative Assembly;";
(2) after clause (3), the following new clause shall be inserted, namely:-
"(3A), "Central law" means the Representation of the People Act, 1950 (Act No. 43 of 1950);";
(3) after clause (7), the following new clause shall be inserted, namely:-
"(7A) "election" means and includes the entire election process commencing from the division of wards and all stages culminating into election of a councillor and it is always deemed to have meant and included the entire election process as aforesaid.
"(7B) "Finance Commission" means the Finance Commission constituted under article 2431 of the Constitution of India;";
(4) for clause (13), the following shall be substituted, namely:-
"(13) "Municipal Borough" means a transitional area, or as the case may be a smaller urban area, as specified in clause (2) of article 2430 of the Constitution of India and includes other local areas already declared to be a municipal borough prior to the commencement of the Gujarat Municipalities (Amendment) Act, 1993 (Guj. 17 of 1993);";
(5) for clause (14), the following shall be substituted, namely:-
"(14) "Municipality" means Nagar Panchayat constituted under section 5(1) or as the case may be, "Municipal Council" constituted under section 5(2);";
(6) for clause (20), the following shall be substituted, namely:-
"(20) "Population" in relation in the municipal borough means the population as ascertained in the last preceding census of which the relevant figures have been published;
(20A) "prescribed" means prescribed by rules made under section 277;";
(7) after clause (24), the following new clause shall be inserted, namely:-
"(24A) "State Election Commission" means State Election Commission referred to in article 243K of the Constitution of India;".
Section 3. Deletion of section 3 of Guj. 34 of 1964
3. Deletion of section 3 of Guj. 34 of 1964.- In the principal Act, section 3 shall be deleted.
Section 4. Amendment of heading of Chapter II of Guj. 34 of 1964
4. Amendment of heading of Chapter II of Guj. 34 of 1964.- In the principal, Act in Chapter II, in the heading, the words "MUNICIPAL BOUROUGH AND", and the words, brackets and figures "(1) Municipal Bouroughs" shall be deleted.
Section 5. Deletion of sections 4 and 4A of Guj. 34 of 1964
5. Deletion of sections 4 and 4A of Guj. 34 of 1964.- In the principal Act, section 4 and 4A shall be deleted.
Section 6. Substitution of section 5 of Guj. 34 of 1964
6. Substitution of section 5 of Guj. 34 of 1964.- In the principal Act, for section 5, the following shall be substituted, namely:-
"5(1) Incorporation of nagar Panchayat and Municipal Council.- In every transitional area there shall be a Nagar Panchayat and every such Nagar Panchayat shall be a body corporate by the name of "the ………….Nagar Panchayat" and shall have perpetual succession and a common seal, and may sue and be sued in its corporate name through its chief officer.
(2) In every small urban area there shall be a Municipal Council and every such Municipal Council shall be a body corporate by the name of "the ……………….Municipal Council" and shall have perpetual succession and a common seal, and may sue and be sued in its corporate name through its chief officer.
Section 7. Substitution of section 6 of Guj. 34 of 1964
7. Substitution of section 6 of Guj. 34 of 1964.- In the principal Act, for section 6, the following shall be substituted, namely:-
"6. Municipality to consist of elected Councillors.- (1) Every minicipality shall consist of ejected councillors.
(2) The number of such councillors shall be-
(a) 21, in the case of a nagar panchayat.
(b) 27, if the population of the municipal borough exceeds 25,000 but does not exceed 50,000,
(c) 36, if the population of the minicipal borough exceeds 50,000 but does not exceed 1,00,000,
(d) 42, if the population of the municipal borough exceeds 1,00,000 but does not exceed 2,00,000, and
(e) 51, if the population of the municipal borough exceeds 2,00,000.
(3) Out of the total number of seats of councillors in a municipality, there shall be reserved seats for Scheduled Castes, Scheduled Tribes, backward classes and women as follows, namely:-
(a) Seals Shall be reserved by the State Government for the Scheduled Castes and the Scheduled Tribes in every municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seals to be filled by direct election in that municipality as the population of the Scheduled Castes in that municipal area or of the Scheduled Tribes in that municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a municipality in the prescribed manner.
(b) One-third of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(c) One-tenth of the total number of seats to be filled by direct election in every municipality shall be reserved for persons belonging to backward classes and one-third of the seats so reserved for backward classes shall be reserved for women belonging to the backward classes. Such seats may be allotted by rotation to different constituencies in the prescribed manner.
(d) One-third (including the number if scats reserved for women belonging to the Scheduled Castes the Scheduled Tribes and the backward classes) of the total number of scats to be filled by direct election in every municipality shall be reserved for women a id such seats may be allotted by rotation to different constituencies in a municipality in the prescribed manner.
(e) The reservation of seats under clauses (a), (b), and (c) (other than the reservation for women) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India.
(4) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission.
(5) Subject to the provisions of this Act, an election shall be held in accordance with the rules made by the State Government in that behalf.
(6) The State Election Commissioner shall be appointed within two months of the coming into force of the Gujarat Municipalities (Amendment) Act, 1993 (Guj. 17 of 1993).
(7) The State Government shall, when so required by the State Election Commission, make available to it the staff as may be necessary for the discharge of the functions conferred on it by clause (1) of article 243K of the Constitution of India.
(8) Notwithstanding any vacancy due to failure to elect the full number of councillors which under this section might be elected the municipality shall be deemed to be constituted on the date of its first meeting.
Explanation:- For the purpose of this section,-
(a) "Scheduled Castes" means such castes, races or tribes or parts of or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Gujarat under article 341 of the Constitution of India;
(b) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within such tribe or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under article 342 of the Constitution of India." and
(c) "backward classes" means classes declared as Socially and Educationally Backward Classes by the State Government from time to tune.".
Section 8. Deletion of section 7AA of Guj. 34 of 1964
8. Deletion of section 7AA of Guj. 34 of 1964.- In the principal Act, section 7AA shall be deleted.
Section 9. Substitution of section 7 of Guj. 34 of 1964
9. Substitution of section 7 of Guj. 34 of 1964.- In the principal Act, for section 7, the following sections shall be substituted, namely:-
"7. Determination of number of councillors to be elected and determination of wards.- (1) Each municipality shall consist of councillors chosen by direct election.
(2) Where general election is to be held immediately after,-
(i) the specification of a local area as a ‘transitional area’ or as the case maybe, a ‘smaller urban area’, under article 243Q of the Constitution of India is made, or
(ii) the census is taken under the Census Act, 1948 (Act No. 37 of 1948), and the relevent figures of which have teen published, or
(iii) the limits of a municipal borough are altered,
(a) the State Government shall, by notification in the Official Gazette, determine the number of wards into which the municipal borough shall be divided, the number of councillors to be elected to the municipality and the number of seats to be reserved in favour of the Scheduled Castes, the Scheduled Tribes, the backward classes and women as provided in sub-section (3) of section 6.
(b) the State Election Commission thereafter shall carry out the determination of the boundaries of the wards and the allocation of seats reserved in favour of the Scheduled Castes, Scheduled tribes, backward lasses and women among the wards in the prescribed manner.
Section 10. Substitution of section 8 of Guj. 34 of 1964
10. Substitution of section 8 of Guj. 34 of 1964.- In the principal Act, for section 8, the following sections shall be substituted, namely:-
"8. Duration of the municipalities, and the councillors.- (1) Every municipality, unless sooner dissolved shall continue for five years from the date appointed or its first meeting and no longer.
(2) The term of office of the councillors shall be co-extensive with the duration of the municipality.
(3) An election to constitute a municipality shall be completed before the expiry of its duration specified under sub-section (1)";
8A. Appointment of an officer to exercise the powers of the municipality in unforeseen circumstances.- Where it is not possible to hold the election to constitute a municipality as provided in section 8 of the Act on account of unforeseen circumstances such as natural calamity, riots, communal disturbances, ill powers and duties of the municipality shall be exercised aud performed by such officer as the State Government may by order, appoint from time to time in this behalf."
Section 11. Amendment of section 9 of Guj. 34 of 1964
11. Amendment of section 9 of Guj. 34 of 1964.- In the principal Act, in section 9, for sub-section (2), the following sub-sections shall be substituted, namely:-
"(2) The list of voters shall be the same as the electoral roll of the Gujarat Legislative Assembly prepared and revised in accordance with the provisions of the Central Law for the time being in force and as revised, modified, up-dated, and published in accordance with the provisions of sub-section (2A).
(2A) Subject to the superintendence, direction and control of the State Election Commission, the list of voters shall be revised, modified, up-dated and published by such officer as may be designated by the State Election Commission in this behalf in the prescribed manner.".
Section 12. Amendment of section 10 of Guj. 34 of 1964
12. Amendment of section 10 of Guj. 34 of 1964.- In the principal Act, in section 10,-
(i) in sub-section (2), after the words "every person", the words "who has attained the age of twenty-one years on the last date fixed for filing the nominations and" shall be inserted;
(ii) in sub-section (3), for the words "vote or is qualified or is not qualified to be elected, as the case may be," the word "vote" shall be substituted.
Section 13. Amendment of section 11 of Guj. 34 of 1964
13. Amendment of section 11 of Guj. 34 of 1964.- In the principal Act, in section 11, in sub-section (1), after clause (f), the following clause shall be added, namely:-
"(g) who is disqualified by off under any law for the time being in force for the purposes of elections to the Legislature of the State;
Provided that where the disqualification was only on the ground that he was less than twenty-five years of age, he may be a Councillor if be has attained the age of twenty-one years before last date for filing nominations.".
Section 14. Amendment of section 32 of Guj. 34 of 1964
14. Amendment of section 32 of Guj. 34 of 1964.- In the principal Act, in section 32,-
(i) for sub-section (1) the following shall be substituted, namely:-
"(1) After a general election to a municipality the Collector sball call the first general meeting of the municipality for the election of the President and the Vice-President within the prescribed period.".
(ii) in sub-section (3), the words "the determination of the term of the office of the President and Vice-President and" shall be deleted.
Section 15. Amendment of section 33 of Guj. 34 of 1964
15. Amendment of section 33 of Guj. 34 of 1964.- In the principal Act, in section 33,-
"(1) for sub-section (1), the following shall be substituted, namely:-
"(1)(a) The term of the office of the President shall be for period of one year.
(b) Subject to the other provisions of this section, the President shall be eligible for re-election."
(2) for sub-section (3), the following shall be substituted, namely:-
"(3) The office of the President in every municipality shall be reserved by the State Government for scheduled Castes. Scheduled Tribes, backward classes and women in the prescribed manner. Such reservation shall be made as nearly as may be, in the same proportion as is made under sub-section (3) of section 6 in their favour in the tolal number of seats to be filled in by direct election.".
Section 16. Substitution of section 42 of Guj. 34 of 1964
16. Substitution of section 42 of Guj. 34 of 1964.- In the principal Act, for section 42, the following section shall be substituted, namely:-
"42. Filling or vacancies.- (1) When any vacancy occurs due to failure to elect the full number of councillors at a general election or due to the non-acceptance of office by a person elected to be a councillor, or due to an election set aside under provisions of sub-section (2) of section 14, or any vacancy of a councillor occurs due to any reason, the Chief Officer of the municipality and in the absence of the Chief Officer, such officer as the Collector may, by a general or special order, designate for the purpose shall within fifteen days from the date on which the vacancy occurs give a notice thereof to the State Election Commission.
(2) On receipt of a notice under sub-section (1), the State Election Commission shall arrange for holding an election to fill the vacancy within six months from the date on which such vacancy has arisen.
(3) When any vacancy of a president or vice-president occurs due to any reason, the Chief Officer of the municipality and in the absence of the Chief Officer, such officer as the Collector may, by a general of special order, designate for the purpose shall within fifteen days from the date on which the vacancy occurs give a notice thereof to the Collector.
(4) On receipt of a notice under sub-section (3), the Collector shall call, within twenty five days from the date of the receipt of the notice, a general meeting of the municipality for the election of the president or is the case may be, vice-president and bid provisions of sections 31 and 32 shall mutatis mutandis apply to such meetings and election.
(5) A person elected as a councillor under sub-section (2) of this section or elected as a president or vice-president under sub-section (4) of this section shall hold office so long only as the councillor, president or vice president in whose peace he is elected, would have held office had the vacancy not occurred.
(6) Notwithstanding any thing contained in sub-section (2), where any vacancy of a councillor occurs within six months preceding the date on which the duration of the municipality expires, it shall not be filled.
(7) When the office of both president and the vice-president become vacant simultaneously, any councillor as the Collector may authorize in this behalf, shall, pending the election of the president exercise all the powers and perform all the functions and duties of the president.".
Section 17. Amendment of section 91 of Guj. 34 of 1964
17. Amendment of section 91 of Guj. 34 of 1964.- In the principal Act in section 91, in pars "D", the following shall be inserted, namely:-
"(e) the preparation of plans for economic development and social justice;
(f) the performance of functions and the implementation of the schemes that may be entrusted by the State Government to it, including those in relation to the matters listed in the Twelfth Schedule to the constitution of India."
Section 18. Insertion of new Chapter in Guj. 34 of 1964
18. Insertion of new Chapter in Guj. 34 of 1964.- In the principal Act, after Chapter IX, the following new Chapter shall be inserted, namely:-
"Chapter IXA
Finance Commission.
142A. Finance Commission.- (1) The Finance Commission shall review the financial position of the municipalities and make recommendations to the State Government as to-
(a) the principles which should govern-
(i) the distribution between the State and the municipalities of the net proceeds or the taxes, duties, tolls and fees leviable by the State, which may be divided between them and the allocation between the municipalities at all of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls sad fees which may be assigned to, or appropriated by, the municipalities;
(iii) the grants-in-aid to the municipalities from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the municipalities;
(c) any other nutter referred to the Finance Commission in the interest of sound finances of the municipality.
(2) Every recommendation made by the Finance Commission together with an explanatory memorandum as to the action taken thereon shall be laid before the State legislature.".
Section 19. Amendment of section 144 or Guj. 34 of 1964
19. Amendment of section 144 or Guj. 34 of 1964.- In the principal Act, in section 144. In sub-sections (1) and (2), for the words, "Gujarat Municipal Finance Board", the words "Finance Commission or otherwise" shall be substituted.
Section 20. Amendment of section 263 of Guj. 34 of 1964
20. Amendment of section 263 of Guj. 34 of 1964.- In the principal Act, in section 263,-
(1) in sub-section (1),-
(i) the words beginning with the words "or supersede it" and ending with the words "superseded under this section" shall be deleted;
(ii) the proviso shall be deleted,
(2) in sub-section (2),-
(a) the words "or superseded" and the words "or supersession" wherever they occur shall be deleted;
(b) in clause (a), the words "in case of supersession as from the ??? the order of supersession and" shall be ???;
(c) clauses (c) and (d) shall be deleted;
(3) for sub-section (3), the following shall be substituted, namely:-
"(3)(a) Constitution of Municipality after dissolution.- An election to constitute a municipality shall be completed before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the municipality for such period;
(b) A municipality constituted upon the dissolution of municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved municipality would have continued bad it not been so dissolved.";
(4) sub-sections(4) and (5) shall be deleted.
Section 21. Deletion of section 263A of Guj. 34 of 1964
21. Deletion of section 263A of Guj. 34 of 1964.- In the principal Act, section 263A shall be deleted.
Section 22. Substitution of section 264A of Guj. 34 of 1964
22. Substitution of section 264A of Guj. 34 of 1964.- In the principal Act, for section 264A, the following shall be substituted, namely:-
"264A. Notified area.- For the purpose of ibis Chapter, notified area means an urban area or part thereof specified to the an industrial township area under the proviso to clause (1) of article 243Q of the Constitution of India."
Section 23. Deletion of section 264D of Guj. 34 of 1964
23. Deletion of section 264D of Guj. 34 of 1964.- In the principal Act, section 264D shall be deleted.
Section 24. Amendment of section 264E of Guj. 34 of 1964
24. Amendment of section 264E of Guj. 34 of 1964.- In the principal Act, in section 264 E,-
(i) for sub-section (1), the following shall be substituted, namely:-
"(1) When any area ceases to be a notified area, the property (including arrears of taxes) and rights which, prior to such cessation, vested in the persons or committee appointed for such area under clause (c) of sub-section (1) of section 264B shall, subject to all charges and liabilities effecting the same, vest in the municipality, if any, constituted for such area or within the limits of which such area is included or if there be no such municipality, in the State Government.";
(ii) for sub-section (2), the following shall be substituted, namely:-
(2) Any arrears of taxes vesting in a municipality under sub-section (1) shall be recoverable under the provisions of this Act as if the taxes were imposed and recovered under this Act:
Provided that steps to recover such arrears of taxes shall be initiated within a period of three years from the date on which they so vest in the municipality.".
Section 25. Amendment of section 265 of Guj. 34 of 1964
25. Amendment of section 265 of Guj. 34 of 1964.- In the principal Act, in section 265, in clause (d), the words "or nagar" shall be deleted.
Section 26. Amendment or section 266 of Guj. 34 of 1964
26. Amendment or section 266 of Guj. 34 of 1964.- In the principal Act, in lection 266,-
(i) in sub-section (1).-
(a) for clause (i), the following shall be substituted, namely:-
"(i) in a case falling under clause (a), the election of the councillors for the additional area shall be held within a period of six months from the appointed day in accordance with the provisions of the Act. The duration of such Councillor shall be for the remainder duration of municipality to which new area is added;
(b) for clause (iii), the following shall be substituted, namely:-
"(iii) in a case falling under clause (c) and (d), the municipalities shall stand dissolved on the appointed day and the municipality shall be reconstituted within a period of six months from the appointed day in accordance with the provisions of this Act. The duration of such reconstituted municipality and the councillors shall be same as provided in section 8 of this Act;";
(c) clauses (iv) and (v) shall be deleted.
(d) in clause (vi), the words "or the State Government" shall be deleted;
(ii) sub-section (3) shall be deleted.
Section 27. Amendment in heading of chapter XVII-A in Guj. 34 of 1964
27. Amendment in heading of chapter XVII-A in Guj. 34 of 1964.- In the principal Act, in Chapter XVIIA, in the heading, the words "or nagar" shall be deleted.
Section 28. Amendment of section 266A of Guj. 34 of 1964
28. Amendment of section 266A of Guj. 34 of 1964.- In the principal Act in section 266A, clauses (c), (d) and (e) shall be deleted.
Section 29. Amendment of section 266B of Guj. 34 of 1964
29. Amendment of section 266B of Guj. 34 of 1964.- In the principal Act in section 266B,
(i) in the marginal note, for the word "nagar" the word "gram" shall be substituted,
(ii) for the portion with "whereunder" and ending with words "ensue that is to say." the Mowing shall be substituted, namely:-
"Where an area comprised in a gram is specified as a transitional area or, as the case may be, a small urban area, under clause (2) of article 243Q of the Constitution of India, then with effect from the date on which such area is so specified, the following consequences shall ensue that is to say;
(iii) clause (c) sball he deleted;
(iv) for clause (d), the following shall be substituted, namely:-
"(d) the State Government shall appoint an officer as an administrator to exercise the powers and perform the duties and functions of municipality for such area until a municipality is constituted for such area under this Act.";
(dd) the municipality shall be reconstituted within a period of six months from the said date accordance with the provisions of this Act. The duration of such reconstituted municipality and the Councillors shall be the same as provided in Section 8 of this Act.";
(v) in clause (e), the words "or the nagar fund" and the word "interim" shall be deleted.
(vi) in clause (h), the word "interim" shall be deleted.
(vii) in clause (i), the words, "interim" and the word "interim municipality or as the case may be" shall be deleted.
Section 30. Deletion of sections 266C, 266D and 266E of Guj. 34 of 1964
30. Deletion of sections 266C, 266D and 266E of Guj. 34 of 1964.- In the principal Act, sections 266C, 266D and 266E shall be deleted.
Section 31. Deletion of section 270A of Guj. 34 of 1964
31. Deletion of section 270A of Guj. 34 of 1964.- In the principal Act, section 270A shall be deleted.
Section 32. Insertion of new section 281 in Guj. 34 of 1964
32. Insertion of new section 281 in Guj. 34 of 1964.- In the principal Act, after section 280, the following new section shall be added, namely:-
"281. Transitory provision.- (1) Notwithstanding anything contained in this Act, where the duration of the municipality he already expired before the date of the commencement of the Gujarat Municipalities (Amendment) Act, 1993 (Guj. 17 of 1993) (hereinafter referred to as "the said date" in this section) or is due to expire within one year from the said date the election to constitute such municipality shall be completed within one year from the said date accordance with the provisions of this Act.
(2) Where the duration of the existing municipality expires after one year from said date, the election, to constitute such municipality shall be completed before the expiry of its duration in accordance with the provisions of this Act.
(3) Where an area is specified as transitional area, or as the case may be, a smaller area, under clause (2) of article 243Q of the Constitution of India during the period of six months from the said date, the election to constitute the municipality for such area shall be completed within one year from the said date in accordance with the provisions of this Act.
(4) Where an elections to constitute municipality could not be completed or it is not possible to hold the election to constitute a municipality as provided in this section on account of unforseen circumstances such as natural calamity, riots, communal disturbances, all powers and duties of the municipality shall be exercised and performed by such officer as the State Government may by order appoint in this behalf.".