Gujarat Panchayats and Municipalities Laws (Amendment) Act, 1980*
| [Gujarat Act No. 20 of 1980] | [13th October, 1980] |
An Act further to amend the Gujarat Panchayats Act, 1961 and the Gujarat Municipalities Act, 1963.
It is hereby enacted in the Thirty-first Year of the Republic of India, as follows:-
* Received the Assent of the Governor on the 13th October, 1980 is hereby published for general information.
1. Short title and commencement.- (1) This Act may be called the Gujarat Panchayats and Municipalities Laws (Amendment) Act, 1980.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette appoint.
2. Amendment of section 9 of Guj. VI of 1962.- In the Gujarat Panchayats Act, 1961 (Guj. VI of 1962) hereinafter referred to as "the Panchayats Act") in section 9,-
(1) in sub-section (1),-
(a) in clause (a), for the figures "20,000" the figures "25,000" shall be substituted;
(b) for the existing proviso, the following provisos shall be substituted, namely:-
"Provided that if in the case of a local area which is eligible for being declared as a nagar under clause (a), the State Government, having regard to the geography, extent of urban development and such other factors in relation to that area as may be prescribed and after consulting the local authority if any, constituted for such local area, is of the opinion that the local area should be declared to be a gram, the State Government may by a like notification declare the local area to be a gram:
Provided further that if in the case of a local area, which is eligible for being declared as a gram under clause (b), the State Government having regard to the geography, extent of urban development and such other factors in relation to that area as may be prescribed and after consulting the local authority, if any, constituted for such local area, is of the opinion that the local area should be declared to be a nagar, the State Government may by a like notification declare the local area to be a nagar.";
(2) after sub-section (1), the following sub-section shall be inserted, namely:-
"(1A) Notwithstanding anything contained in sub-section (1) and section 4 of the Gujarat Municipalities Act, 1963, if the State Government having regard to the geography, extent of urban development and such other factors in relation to a municipal borough as may be prescribed, and after consulting the municipality constituted for such municipal borough, is of the opinion that the area comprised in the municipal borough be declared to be a gram or nagar, the State Government may, by notification in the Official Gazette, declare the area comprised in the municipal borough and specified in the notification to be a gram or nagar."
3. Amendment of section 21C of Guj. VI of 1962.- In the Panchayats Act, in section 2IC, in sub-section (7), the words "The list so published shall be final and conclusive" shall he deleted.
4. Insertion of new section 26B in Guj. VI of 1662.- In the Panchayats Act, in Chapter III, under the heading "Provisions relating to elections" after section 26A, the following section shall be inserted, namely:-
"26B. Application Chapter to certain general elections.- In relation to general elections to taluka panchayats and district panchayats to be held in the year 1981, this Chapter shall apply subject to the following modifications, namely:-
(1) In lection 20, in sub-section (5), tot the words "At any time not later than four months" the words "At any time not later than two months" shall be substituted.
(2) After section 21C, the following section shall be inserted, namely:-
"21CC. Final list of voters to be altered in certain circumstance.- (1) Where the limits of any territorial constituency of the concerned taluka or district for the purpose of general election in relation to a taluka panchayat or, as the case may be, district panchayat are altered under sub-section (5) of section 20, after the list of voters for the constituency existing before such alteration of its limits has been finally published under sub-section (7) of section 21C, such list of voters may be altered by the competent authority so as to make it consistent with the limits of the territorial constituency as so altered.
(2) The list of voters as altered under sub-section (1) shall be published in the same manner as provided under sub-section (7) of section 21C".
5. Insertion of new section 95A in Guj. VI of 1962.- In the Panchayats Act, in Chapter V, in Part I, under the heading "(C) Administrative powers and duties" after section 95, the following section shall be inserted namely:-
"95A. Power of Taluks Development Officer to require owner to provide water closet or privy accommodation.- (1) Where any premises in any gram or nagar are, in the opinion of the Taluka Development Officer, without adequate and suitable water-closet or privy-accommodation in accordance with the rules or bye-laws made under this Act in that behalf, the Taluka Development Officer, may, by written notice, require the owner of such premises to provide such water or privy accommodation in accordance with the rules or bye-laws made under this Act in that behalf, within such time as may be specified in such notice and if the owner fails to comply with such requirement, within the time so specified or within such time as may, on the application of the owner, be extended by the Taluka Development Officer for any reasonable cause, it shall be lawful for the Taluka Development Officer to make such provision from the gram fund or, as the case may be, nagar fund and where such fund is inadequate, with the permission of the district panchayat from the District Development Fund. The expenses incurred by the Taluka Development Officer in making such provision shall, on demand, by the Taluka Development Officer, be payable by the owner and it not paid by him on demand, such expenses shall be recover able by the taluka Development Officer in accordance with the provisions of section 192.
(2) Notwithstanding anything contained in sub-section (1), where the owner of any premises facts to comply with such requirement within the period specified under sub-section (1), the Taluka Development Officer may, in a case where the owner is not himself the occupier of such premises, permit the occupier of such premises to make provision for such water-closet or privy accommodation at the cost of the owner, if the occupier is willing to do so instead of the taluka Development Officer himself making such provision. Any such occupier who makes such provision shall, after obtaining the necessary certificate from the Taluka Development Officer about such provision having been made by him, the amount of expenses incurred by him in nuking such provision and the reasonableness of such expenses, be entitled to deduct, such amount of expenses as it certified by the Taluka Development Officer to be reasonable from the rent or any other sum payable by him to the owner or to recover such amount from the owner in any other lawful manner.
(3) For the purpose of making the provision specified in sub-section (1), the Taluka Development Officer shall have power to do all acts necessary for that purpose and the panchayat or the Taluka Development Officer shall not be liable to pay any compensation to the owner of the premises for any reasonable damage done to the premises in making such provision.
(4) Where any water-closet or privy accommodation is provided or set up by the Taluka Development Officer under sub-section (1) and the expenses incurred by the Taluka Development Officer in doing so are paid by or recovered from the owner in full, such water-closet or privy accommodation shall belong to the owner of the premises and the owner shall be responsible for the expenses of maintaining it in good repairs and efficient condition.
(5) The provision as aforesaid made under sub-section (1) or sub-section (2) shall not be deemed to be a permanent structure for the purpose of clause (b) of sub-section (1) of section 13 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947).
Explanation.-For the purposes of this section "water closet" means a closet used as a privy in which discharges are pushed in or carried off by water, and includes an acqua privy, gas plant, latrine attached with gas plant, a closet of type known as P.R.A.I. (Planning Research Action Institute) type, septic tank type, hand flush type, bore hole type, clap trap type or any other type which the State Government may, by notification in the Official Gazette, specify."
6. Insertion of section 4A in Guj. 34 of 1964.- In the Gujarat Municipalities Act, 1963 (Guj. 34 of 1964) (hereinafter reffered to as "the Municipalities Act"), after section 4, the following new section shall be inserted, namely;-
"4A. Special provision for declaration of nagar as municipal borough.- (1) Notwithstanding anything contained in section 4 of this act and section 9 of the Gujarat Panchayats Act, 1961 (Guj. VI of 1962), the area comprised in every nagar in the State, in which the population on the date of the commencement of the Gujarat Panchayats ami Municipalities Laws (Amendment) Act, 1980 (Guj. 20 of 1980) is 25000 or above shall with effect on and from that date be a municipal borough.
(2) Notwithstanding anything contained in section 4 of this Act and section 9 of the Gujarat Panchayats Act, 1961 (Guj. VI of 1962) after making such inquiries as may be prescribed by rules made by it and after consulting the nagar panchayat, the State Government may, by notification in the Official Gazette, declare the areas comprised in a nagar and specified in the notification as a municipal borough, if the population of the nagar is 25,000 or above:
Provided that where the State Government having regard to the geography, extent of urban development and such other factors in relation to that area as may be prescribed by it by rules made under this Act and after consulting the nagar panchayat is of the opinion that it is not in public interest so to do, it shall be lawful for it not to so declare the area.
(3) Notwithstanding anything contained in section 4 of this Act and section 9 of the Gujarat Panchayats Act, 1961 where the State Government having regard to the geography, extent of urban development and such other factors in relation to the area comprised in a nagar having population not exceeding 25000 or in relation to the area comprised in a gram as may be prescribed by it by rules made under this Act and after consulting the nagar panchayat or, as the case may be the gram panchayat, is of the opinion that it is in public interest so to do, it may by a like notification declare such area as a municipal borough.
(4) Nothing contained in sub-section (2) or sub-section (3) shall prohibit the State Government from declaring an area to be a municipal borough notwithstanding that such area is comprised in a nagar and one or more grams adjacent to such nagar or in two or more grams which are adjacent to one another, if in other respects such declaration is consistent with the provisions of sub-section (2), or, as the case may be, sub-section (3).
Explanation.-For the purposes of this section-
(a) "gram" means a gram formed, or any local area deemed to be a gram, under the Gujarat Panchayats Act, 1961 (Guj. VI of 1962);
(b) "gram panchayat" means a gram panchayat constituted or deemed to be constituted for a gram and includes a person or persons appointed to exercise the powers and perform the functions of a gram panchayat under the Gujarat Panchayats Act, 1961;
(c) "nagar" means a nagar formed under the Gujarat Panchayats Act, 1961 (Guj. VI of 1962);
(d) "nagar panchayat" means a nagar panchayat constituted for a nagar and includes a person or persons appointed to exercise the powers and perform the functions of a nagar panchayat under the Gujarat Panchayats Act, 1961; and
(e) "population" in relation to gram or nagar means the population thereof as ascertained at the last preceding census."
7. Insertion of new section 167A in Guj. 34 of 1964.- In the Municipalities Act, after section 167, the following section shall be inserted, namely:-
"167A. Power of Chief Officer to require owner to provide water closet or privy accommodation.- (1) Where any premises are, in the opinion of the Chief Officer, Without adequate and suitable water-closet or privy accommodation in accordance with the bye-laws made by the municipality in that behalf, the Chief Officer, may, by written notice, require the owner of such premises to provide such water-closet or privy accommodation in accordance with the bye-laws under by the municipality in that behalf, within such time as may be specified in such notice and if the owner fails to comply with such requirement, within the time so specified or within such time as may, on the application of the owner, be extended by the Chief Officer for any reasonable cause it shall be lawful for the Chief Officer to make such provision from the municipal fund. The expenses incurred by the Chief Officer in making such provision shall, on demand, by the Chief Officer, be payable by the owner and if not paid by him on him on demand such expenses shall be recoverable by the Chief Officer in the manner provided by Chapter IX of this Act.
(2) Notwithstanding anying contained in sub-section (1), where the owner of any premises fails to comply with such requirement within the period specified under sub-section (1), the Chief Officer may, in a case where the owner is not himself the occupier of such premises, permit the occupier of such premises to make provision for such water-closet or privy accommodation at the cost of the owner, if the occupier is willing to do so, instead of the Chief Officer himself making such provision. Any such occupier who makes such provision shall after obtaining the necessary certificate from the Chief Officer about such provision having been made by him the amount of expenses incurred by him in making such provision and the reasonableness of such expenses, be entitled to deduct, such amount of expenses as is certified by the Chief Officer to be reasonable, from the rent or any other sum payable by him to the owner or to recover such amount from the owner in any other lawful manner.
(3) For the purpose of making the provision specified in sub-section (1) the Chief Officer shall have power to do all acts necessary for that purpose and the municipality shall not be liable to pay any compensation to the owner of the premises for any reasonable damage done to the premises in making such provision.
(4) Where any water-closet or privy accommodation is provided or set-up by the Chief Officer under sub-section (1) and the expenses incurred by the Chief Officer in doing so are paid, or recovered from, the owner in full, such water-closet or privy accommodation shall belong to the owner of the premises and the owner shall be responsible for the expenses of maintaining it in good repairs and efficient condition.
(5) The provision as aforesaid made under sub-section (1) or sub-section (2) shall not be deemed to be a permanent structure for the purpose of clause (b) of sub-section (1) of section 13 of the Bombay Rents, Hotel and Lodging-House Rates Control Act, 1947.
Explanation.-For the purpose of this section "water closet" means a closet used as a privy in which discharges are pushed in or carried off by water, and includes an acqua privy, gas plant, latrine attached with gas plant, a closet of type known as P.R.A.I. (Planning Research Action Institute) type, septic tank type, hand flush type bore hole type, clap trap type or any other type which the State Government may, by notification in the Official Gazette, specify."
8. Insertion of new Chapter XVIIA in Guj. 34 of 1964.- In the Municipalities Act, after Chapter XVII, the following new Chapter shall be inserted, namely:-
"CHAPTER XVIIA
SPECIAL PROVISIONS FOR CONVERSION OF GRAM OR NAGAR PANCHAYATS INTO MUNICIPALITIES.
266A. Interpretation.- For the purposes of this Chanter, unless the context otherwise requires-
(a) "gram" means a gram formed or an area deemed to be a gram, under the Panchayats Act;
(b) "gram panchayat" means a gram panchayat constituted or deemed to be constituted for a gram and includes a person or persons appointed to exercise the powers and perform the functions of a gram panchayat under the Panchayats Act;
(c) "nagar" means a nagar formed under the Panchayats Act;
(d) "nagar panchayat" means a nagar panchayat constituted for a nagar and includes a person or persons appointed to exercise the powers and perform the functions of a nagar panchayat under the Panchayats Act;
(e) "panchayat" means a gram panchayat or a nagar panchayat;
(f) "Panchayats Act" means the Gujarat Panchayats Act, 1961 (Guj. VI of 1965).
266B. Effect of conversion of nagar panchayat in to municipality.- Where under sub-section (1) of section 4A an area comprised in a nagar become a municipal borough or under sub-section (2) or sub-section (3) of section 4A an area comprised in a gram or a nagar is declared to be, a municipal borough, then with effect from the date on which such local area becomes or is so declared to be a municipal borough (in this section referred to as "the said date"), the following consequences, shall, notwithstanding anything contained in this Act or the Panchayats Act, ensue that is to say-
(a) the panchayat functioning in the local area, shall stand dissolved and the Sarpanch and the Upasarpanch or as the case may be, the Chairman and the. Vice-Chairman and all other members of such panchayat shall vacate their offices;
(b)(i) the member elected by the gram panchayat of the gram shall cease to be the member of the Nyaya Panchayat constituted for a group of grams and the said Nyaya Panchayat shall continue to function in respect of the group of grams excluding the local area unless the number of grams remaining in the group is rendered less than three:
(ii) the Nyaya Panchayat of the dissolved nagar panchayat shall stand dissolved and all members thereof shall vacate their offices;
(iii) the conciliation panch of the dissolved panchayat shall cease to exist;
(c) until, a municipality is constituted for the municipal borough under the Municipalities Act, there shall, notwithstanding anything contained in any law for the time being in force, be constituted for the municipal borough an interim municipality;
(d) the State Government shall appoint an administrator or administrators to exercise the powers and perform the duties and functions of the interim municipality until a municipality is constituted for the municipal borough under this Act:
Provided that if immediately before such dissolution of the panchayat there be a person or persons appointed under the Panchayats Act to exercise the powers and perform the duties of the panchayat, there shall be an interim municipality for the municipal borough and the person or persons so appointed shall be deemed to be administrator or administrator appointed by the State Government under this clause to exercise the powers and perform the duties and functions of the interim municipality until a municipality is constituted for the municipal borough under this Act:
(e) the unexpended balance of the gram fund or the nagar fund and property including arrears of rates, taxes and fees, belonging to the dissolved panchayat and all rights and powers, which prior to the said date vested in the panchayat shall subject to all charges and liabilities affecting the same vest in the administrator or administrators on behalf of the interim municipality until a municipality is constituted and on constitution of a municipality in such municipality;
(f)(i) any appointment, notification, notice, order, scheme, licence permission, rule, by-law or form made, issued or granted or deemed to have been made, issued or granted under the Panchayats Act, immediately before the said date in respect of the local area shall continue in force and be deemed to have been made, issued or granted in respect of the municipal borough, until it is superseded or modified by any other appointment, notifications notice, order, scheme, licence, permission, rule, bye-law or form made, issued or granted under this Act;
(ii) any tax, fee or cess (not being cess levied under section 181 of the Panchayats Act) which immediately before the said date were being levied by the State Government or by the dissolved panchayat in the local area shall continue to be levied in the municipal borough until it is superseded or modified by any other tax, fee or cess levied under this Act;
(iii) any tax, fee or cess which immediately before the said date were being levied by a taluka panchayat or a district panchayat or the cess which before the said date was being levied by the State Government under section 181 of the Panchayats Act in the local area shall cease to be so levied in the municipal borough after the end of the financial year in which the said date occurs except that as respects arrears of such tax, fee or cess at the and of the financial year, the provisions of section 7 of the Bombay General Clauses Act, 1904 (Bom. I of 1904) shall apply as if the Panchayats Act had then been repealed by a Gujarat Act, in so far as the local area is, concerned;
(g) all budget estimates, assessments, assessment lists, valuations or measurements made or authenticated under the Panchayats Act immediately before the said date in respect of the local area shall be deemed to have been made or authenticated under this Act;
(h) all debts and obligations incurred and all contracts made by or year behalf of the dissolved panchayat immediately before the said date and subsisting on that date shall be deemed to have been incurred and made by the interim municipality until a municipality is constituted and on constitution of a municipality by such municipality in exercise of the powers conferred on it by or under this Act;
(i) all officers and servants in the employ of the dissolved panchayats immediately before the said date shall be officers and servants of the interim municipality until a municipality is constituted and on constitution of a municipality, of such municipality under this Act, and shall, until other provision is made in accordance with this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled or subject on the said date:
Provided that it shall be competent to the interim municipality or, as the case may be, the municipality subject however to the previous sanction of the State Government, to discontinue the services of any officer or servant who, in its opinion, is not necessary or suitable to the requirements of the service of the interim municipality or, as the case may be, the municipality after giving such officer or servant such notice as is required to be given by the terms of his employment and every officer or servant whose services are discontinued shall be entitled to such leave, pension, provident fund and gratuity as be would have been entitled to take or receive on being invalided out of service as if the panchayat in the employ of which he was, had not ceased to exist;
(j) all proceedings pending at the said date before the dissolved panchayat shall be deemed to be transferred to, and continued by the interim municipality until a municipality is constituted and on constitution of a municipality such municipality;
(k) all appeals pending at the said date before the dissolved panchayat shall, so far as may be practicable, be disposed of as if the local area had been the municipal borough when they were filed;
(l) all prosecutions instituted by or on behalf of the dissolved panchayat and all suits or other legal proceedings instituted by or against such panchayat or any officer of the dissolved panchayat pending at the said date shall be continued by or against the interim municipality until a municipality is constituted and on constitution of a municipality by or against such municipality as if the local area had been the municipal borough when such prosecutions, suits or proceedings were instituted;
(m)(i) the provisions of sub-sections (2) and (3) of section 282 of the Panchayats Act shall be deemed to apply in respect of any suits or cases pending before the dissolved Nyaya Panchayat or, as the case may be, before the Nyaya Panchayat continuing to function under sub-clause (i) of clause (b) In so far as such suits and cases relate to the area comprised in the gram, as if the District or Sessions Court, as the case may be, had passed an order under sub-section (1) of the said section 282 quashing such suits or cases; and
(ii) all pending proceedings and applications for the execution of decrees or orders in suits and for the recovery of fines and compensation in cases shall be transferred to the Court of the Civil Judge of the lowest grade or the Court of the Magistrate, as the case may be who would have had jurisdiction to try the suit or cases if the Nyaya Panchayat had not been constituted and such Civil Court or the Court of Magistrate, as the case may be shall deal with the proceedings or applications as if the suit or case out of which the proceedings or applications arose, had been heard and decided by such Civil Court of the Court of such Magistrate;
(n) any law (other than the Panchayats Act) of any rule, bye-law, notification or order issued under such law, which was applicable to and in force in the nagar immediately before the said date shall continue to apply to and 10 be in force in the municipal borough until it is superseded.
266C. Application of section 266B in certain cases.- Where under sub-section (4) of, section 4A any area comprised in a nagar and a gram or grams or in two or more grams is declared as a municipal borough, the provisions of section 266B shall apply as if-
(a) reference to "local area" in that section shall, unless the context otherwise requires, mean the local area comprising the area of such nagar and gram or grams or two or more grams;
(b) reference to "the panchayat functioning in the local area" in clause (a) of that section shall mean every gram panchayat or nagar panchayat functioning in the local area; and the words "dissolved panchayat" in that section shall be construed accordingly.
266D. Interim municipalities.- (1) The Collector shall, within a period not exceeding one year from the date on which the interim municipality has been constituted take steps to hold election for a new municipality.
(2) All arrears of taxes and fees vesting in the interim municipality shall be recoverable under the provisions of this Act, as if the taxes and fees were imposed and recoverable under this Act.
(3) In other respects the provisions of the Municipalities Act shall mutatis mutandis apply to the interim municipality.
266E. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Chapter, the State Government may, by notification in the Official Gazette, make any order in relation to an area comprised in a gram or nagar which becomes or is declared to be a municipal borough under section 4A, not inconsistent with the provisions of this Act, which appears to it to be necessary for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of two years from the date on which the area comprised in a nagar becomes or is declared to be a municipal borough;
Provided further that every such order shall, as soon as may be after it is made, be laid before the State Legislature.".