Gujarat Municipalities (Amendment) Act, 1994*
| [Gujarat Act No. 15 of 1994] | [27th July, 1994] |
An Act further to amend the Gujarat Municipalities Act, 1963.
It is hereby enacted in the Forty-fifth Year of the Republic of India as follows:-
* Received the Assent of the Governor on the 27th July, 1994 is hereby published for general information.
1. Short title and commencement.- (1) This Act may be called the Gujarat Municipalities (Amendment) Act, 1994.
(2) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint.
2. Substitution of heading, sub-heading and sections 47 to 50 in Guj. 34 of 1964.- In the Gujarat Mnicipalities Act, 1963 (Guj. 34 of 1964) (hereinafter referred to as "the principal Act"), in Chapter III,-
(1) for the heading "PRESIDENT, VICE-PRESIDENT, COUNCILLORS AND CHIEF OFFICER" the heading "PRESIDENT, VICE-PRESIDENT, COUNCILLORS AND OFFICERS AND SERVANTS OF THE MUNICIPALITY" shall be substituted;
(2) for the ??? "(3) Chief Officer and Officers" appering after section ??? the ??? servants of the Municipalities" shall be substituted.
(3) in the ??? section 47, 48, 49 and 50, the following shall be substituted, namely,-
"47(1)(a) For every municipality there shall be a Chief Officer appointed by the State Government.
(b) the Chief Officer of a municipality shall ??? with he transferred from that ??? Government if a ??? to that effect is passed by the municipality with not loss than ??? councillors of the municipality voting in ??? of such resolution.
(2) A municipality may, with the ??? sanction of the Director, and shall, if so required by the state Government create all or any of the following posts, namely;
(i) a municipality engineer,
(ii) a water ??? engineer,
(iii) a municipal health officer,
(iv) a municipality auditor,
(v) a municipal education officer, and
(vi) any other officer as may be designated by the state Government in this behalf.
(3) Subject to the provisions of section 47A, the recruitment and conditions of service of the officers reffered to in sub-sections (1) and (2) shall be such as may be prescribed.
(4) Subject to the provisions of section 47A, the power to make appointment to the posts referred to in sub-section (2) shall vest in the municipality.
47A. Constitution of Municipal Service.- (1) If, the State Government is of the opinion that it is necessary and expedient so to do for bringing about a uniform and a more efficient service of officers in municipalities for the purpose of carrying out the functions and duties under this Act, it may, notwithstanding anything contained in this Act, by notifications in the Official Gazatte.-
(a) constitute in respect of all municipalities in municipal boroughs having such population of such number as may be specified in the notification a municipal service or services (to be called by such designation as may be specified in the notification) of-
(i) Chief Officers of such municipalities, and
(ii) all or any oilier officers referred to in sub-section (2) of section 47;
(b) direct from time to time that each such municipal service shall consist of such classes, cadres and posts (including grades of posts); and
(c) specify the initial strength of officers in each such class or cadre.
(2) The State Government may make rules for,-
(a) regulating the mode of recruitment by holding examinations or otherwise, including provision for the absorption in municipal service constituted under this section, or otherwise, of persons already working under any municipality;
(b) providing for terminal benefits such as compansation, pension or grantary or the like, to persons who elect not to be absorbed in any such service or who select to retire; and
(c) the conditions of service of persons appointed to, or absorbed to such municipal service
provided of that the conditions of service of any person absorbed in any such service shall not be less advantageous than those applicable to him immediately before such absorption.
(3) The provisions of section 48 shall cease to apply to persons, appointed to or absorbed in such municipal services constituted under this section:
Provided that, such cessor shall not, ??? to persons absorbed any such service, affect the previous operation of section 48 in respect of anything done or omitted to be done before such absorption.
(4) Notwithstanding anything contained in sub-section (4) of section 47, the power to appoint officers of any municipal service to constituted under the section including promotions, transfers, and powers in relation to all matter's regarding their conditions of services shall vest in the State Government.
(5) The officers included in any municipal service constituted under this section shall be the servants of the State Government; but they shall draw their salaries and allowance directly from the municipal fund.
(6) There shall be paid every year out of thy municipal fund to the State Government such cost as the State Government may determine on account of pension, leave and allowance other than those drawn from the municipal fund under sub-section (5) of the officers belonging to any of municipal services constituted under this section and all the expenses incurred by the State Government for administering the municipal service, or services constituted under this section. If any municipality fails to pay such cost and expenses or the salaries and allowance of such officers within the period prescribed in this behalf, then the provision of sub-section (3) of section 262 shall apply to the payment of such cost and expenses or the salaries and allowances of such officers as they apply in relation to the payment of the expense and remuneration not paid under that section.
48. Imposition of penalties.- (1) Without prejudice to the provisions of any lay for the time being in force and subject to any rules made under section 17A, the following penalties may, for good and sufficient reasons be imposed upon any officer or servant of a municipality, namely:-
(i) censure,
(ii) withholding of increments or promotion including stoppage at an efficiency bar;
(iii) reduction to a lower post on a fixed pay or a time-scaler to a lower stage in a time-scale;
(iv) recovery from his pay of the whole or part of any pecuniary loss caused to the municipality by negligence or breach of orders;
(v) fine;
(vi) suspension;
(vii) removal from service, which does not disqualify him from future employment;
(viii) dismissal from service, which ordinarily disqualifies him from future employment.
(2) Any of the penalties mentioned in sub-section (1) may be imposed on an officer or servant of a municipality by the authority competent to make the appointment of such officer or servant.
(3) No officer or servant shall be reduced to a lower post or removed or dismissed from service and no punishment involving any monetary loss shall be imposed on him under this section unless he has been given a reasonable opportunity of showing cause against such reduction, removal, dismissal or punishment:
Provided that this sub-section shall not apply-
(a) where a person is reduced, removed or dismissed or punished on the ground of conduct which has led to his conviction or a criminal charge, or
(b) where the competent authority is satisfied that, for reasons to be recorded in writing by such authority; it is not reasonably practicable to give to such person an opportunity to show cause.
(4) An appeal shall lie to the authority mentioned in column (2) of the table below against any order imposing any penalty made by the authority mentioned in column (1) of the said table.
TABLE
| Authority imposing the penalty (1) | Superior authority to which appeal may lie. (2) |
| Chief Officer | Executive Committee |
| Executive Committee or President | Municipality |
| Municipality | Director |
(5) No such appeal shall be entertained unless it is preferred within one month from the date of receipt of the order appealed against by the officer or servant concerned.
49. Powers and duties of Chief officers.- (1) The Chief Officer shall,-
(a) subject to the control, direction and supervision of the President, supervise the financial and executive administration of the municipality and perform such duties and exercise such powers as may be imposed or conferred upon him or delegated to him by or under the Act.
(b) take steps to give effect to all the decisions or resolutions of the Municipality;
(c) cause to be maintained and supervise the accounts and registers of the Municipality;
(d) subject to the orders of the municipality, hike prompt steps to remove any irregularity pointed out by an auditor;
(e) prepare budget estimates and submit them to the executive committee;
(f) report all cases of fraud, embezzlement, theft or loss of municipal money and property to the President and the relevant Committee;
(g) exercise supervision and control over the acts and proceedings of all the officers and servants of the, municipality;
(h) subject to the rules, by-laws, and general or special orders mode under the Act, determine all questions relating to pay, allowances, leave and other benefit in respect of the officers and servants of the municipality;
(i) furnish to the Collector or such other officer as the Collector shall from time to time nominate, in this behalf, a copy of every resolution passed at any meeting of the municipality.
(2) The Chief Officer may with the previous section of the Director delegate any of the powers or duties to any municipal officer or servant:
Provided that, such delegation shall he subject to such limitations, if any, as may lie prescribed by the Director and also to the control and revision by the Chief Officer.
50. Appointment of other officers and servants of the municipalities.- (1) A municipality may with the previous sanction of the Director, create such posts of officers and servants other than those specified in sub-sections (1) and (2) of section 47 as it shall deem necessary for the purposes of carrying out the duties under the Act.
(2) The recruitment of such officers and servants and their condition of service shall be such as may be determined in accordance with rules made under section 271.
(3) The power to make appointment in any post referred to in sub-section (1) shall vest in the municipality or in the authority empowered by the municipality by rules made in this behalf under section "271.".
3. Insertion of new section 129A in Guj. 34 of 1964.- In the principal Act, after section 129, the following new section shall be inserted, namely:-
"129A Farming of octroi.- (1) Subject to such rules as the State Government may mate in this behalf, it shall be lawful for a municipality, to lease by public auction or private contract the collecting of octroi;
(2) All sums payable under the terms and conditions of the lease, if not paid, shall be recoverable as arrears of land revenue.
(3) The lessee and every person employed by the lessee to assist him in the collection, of octroi shall lie deemed to be appointed by the municipality it collect the same under this Act and shall exercise all the powers and be subject to all the responsibilities attaching to persons appointed to collect such octroi under this Act.
(4) Any rules or order for the levy, collection and recovery of any such octroi shall hive effect subject to the provisions of this section.".
4. Deletion of section 273 of Guj. 34 of 1964.- In the principal Act, section 273 shall be deleted.