Eitra No. 36 REGISTERED NO. G/GNR/2 © I
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'Qt'~~ ~ u 1a nu 6ol1rrnmrnr ~a~rn~
EXTRAORDINARY
Vol. XIX] Pl.J6LISH£0 B\ .•lrlHORllY Separate pn&lna ls given lo Ori• Part h1 crder that II m•J be Hied u • ~eparate compilation.
PART IV
Aris of the Gujarat Legislature find Ordiuanees pron1ulgated and Regulations made by the Governor.
The following Act of the Gujarat l,cgislature having been assented to by the Govenior on the 18th September, 1978 is hereby published for general infonnation.
J. P. VASAVADA.
Deputy Secretary to the Government of Gujarat,, Legal Department.
GUJARAT ACT NO. 29 OF 1978.
(First published after having received the assent of the Governor 111 the-
"Gujarat Governn1ent Gazette" on the 21st September 1978.). An Act to provide for extension of tenn of, or term of office of members of certain local authorities in the State of Gujarat, and for extension of tern1 of supersession of certain municipalities in the State; and to provide for administration of local authorities in the State on the expiry of their term or of term of office of their members and for that puqxisc to amend the laws relating to local authorities in the State. It is hereby enacted in the Twenty-ninth Year of the Republic of India as follows:-·
I. This Act may be called the Gujarat Local Authorities (Extension ~lf Terr" Short title. and Law~ An1endment) Act, 1978.
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IV-Extra-56
1
Extension of term of, or term of offiGe of member8 of, certain loca.I anthoritie11. Exten"ion
of tl1c p~r· iod of snp- ersession of oortain mun· ieipa.liti~s. GUJ. GOVT. GAZ, EX., SEPTEMBER 21, 1978/BHADRA 30, i'llOO' [P.utT IV
2. (J) Notwithstanding anything oontained in section 17 of tli(I' GujaratGuj. Panchayats Act, 1961 (hereinafter referred to as "th..: Panchayats Act") d1e tern1 ~ 6 ;,r of a gram panchayat or of a nagar panchayat, which by reason of that section Guj. would b:i.ve expired after the date of commencement of the Gujarat Local Autho- ~~~7 ritii:s (Extension of Term and Laws Amendment) Ordinance, 1978 (hereinafter of referred !o as "the Ordinance") but before the 30th June, 1979 shall not so
1978
.
expire, but shall, subject to other provisions of that Act, extend uplo the 30th June, 1979.
(2) Notv;ithstanding anything contained in section 8 of the Gujarat Munici- Guj. 34 palities Act, 1963 (hereinafter referred to as "the Municipalities Act") the term ~~B!, o{ cfficc of the councillors of a municipality which by reason of that section would have expired after the. date of the commencentent of the Ordinance but before the 30th June, 1979 shall not so expire but shall, subject to the other provisions of that Act, extend upto the 30th June, 1979.
CD Notv1ithstanding anything contained in section 33 of the Municipalities Act, the president and vice-president of a municipality, the tem1 of office of counciltors of which is extended under sub-section (2), holding offices immediately before the date of commencement of the Ordinance shall, subject to other provi- sions of that Act, continue tO hold- their respective office until the 30th June,
1979.
3. Notvr'ithstanding anything contained in section 263 of the Municipalities Act-
(a) the period of supersession of the Botad Municipality which expires on the 7th December, 1978, and
(b) the period of supersession of the Jamnagar Municipality \.Vhich expires on the 26th September, 1978,
shall, with all consequences specified in sub-section (2) of that section, conti~ue upto the 30th June, 1979 and on the expiration of the period of supersession of the municipalities as so continued, the municipalities shall be re-established by election or appointment of councillors under the provisions of that Act or the 11iles made- thereunder applicable thereto;
St.ate Gove- 4. Not\vithstanding anything contained in the Municipulities Act or the rules ~~~ i:m. or by-laws made thereunder, the current administrative duties of the office of the Jf: w ca.r- president and oE the vice-president of a municipality, the term of office of the :f ~dnu°!i.e- councillors of which has expired before the date of commencement of the strativa Ordinance, shall. be carried on by such officer of the State Government as it duties of - Offi I G · "I h ' • 1' ' the 0 fti~ may, by notification in the cal azette, appoint, unh sue ntun1e1pa 1ty is of president established aft("r general election to it is held on the basis of lists of voters for ·and vlee-pre· · h d • h h · • f • aidont of its wards prepared and pubhs ed in accor ance Wlt t e prov1s1ons o sections ..,ertai? .mnni· 9A to 9E of that Act.
clpaht1es.
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~4BT. IV] GVJ. QOV'l', q.u;,. EX., ~,l<:PTEM.BER 21, 1978/BHADRA ao, 1900 228
5. In the Pauchayat$ Act, in sectioµ 44A, in sub-section (/), fer the words Amen~ent Onh · f h S . ofsechon " t e elecUCln o a new Sarpanc or Upa· arpanch or a new Chairman or 44A of Guj. Vice-Chairman" the words, brackets and figures ''On the appointment of an VIofl962. officer under sub-section (2) of secti~;n 45 or, as the case may be, on the election of a new Sarpanch or Upa.Sarpanch or new Chairman or Vice-Chairn1an"
shall be substituted.
6. In the Panchayats Act, in section 45, for sub-section (2), the following sub· Amend.mcnt
• • ·!! •- b · _, l of sect.ion srotton Stu: ~ su Stitut'™, name y :- 45 of Guj.
"(2) On the expiry of the term of the panchayat, the current duties of the office of the Sarpanch or the Chairman of the panchayat shall be carried on by such officer of the State Government as it may by order, specify in that behalf, until such time as a new Sarpanch or Chairman is elected and takes charge of his office.".
VI of 1962.
7. In the Panchayats Act, in section 55A, in sub-section(/), for the wordsAmend.montJ
"'On the election of a new President or Vice-President", the words, brackets and~~f~~0Guj. figures "On the appointment of an officer under sub-section (2) of section 57, VI of 1962. or, as the case may be, on the election of a new President or Vice-President"
shall be su~tituted.
8. In the Panchayats Act, in se<:tion 57, for sub-section (2), section shall be substituted, namely: -
the following sub· Amcn~ment
of section
"(2) On the expiry of the tern1 of \he pancnayat, the current duties of the office of the President of the panchayat shall be carried on by such officer of the State Government, as it may, by order specify in that behalf, unlil such time as a ne\v President is elected and takes charge of his office.".
57 of Guj.
VI of 1962.
9. In the Panchayats Act, in section 67 A, in sub-section (/). for the \VOrds Afmcnd.ment o sechon
"On the election of a new President or Vice-President", the words, brackets ande7A ofGuj. figures "On the appointment of an officer wider sub-se<:tion (2) cf section 69, VI of 1962· or, as the case may be, on the election of a new President or Vice-President" shall be substituted.
10. In the Panchayats Act, in section 69, for sub-section (2), the following Amendment b · b II t.-t.-· -~ l of section su -sect1ou s a vc su..,,,titutcu, name Y :- 69 of Gnj.
. . VI of 1962,
"(2) On the expiry of the term of the panchayat, the current duties of the office of the President of the panchayat shall be carried on by such officer of the State Government, as it may by order specify in that behalf, until such time as a new President is elected and takes charge of his office.".
11. In the Municipalities Act, in section 33, for sub-section (4), the followingAmendment sub-section shall be substituted, namely:- of section
33 of Guj.
3
Amendment of section 34 of Guj.
34 of l!J6!. llepeal and s1y/, gs
229 GUJ. GOVT. GAZ. EX., SEPTE"lBER 21, 1978/BHADRA. 30, 1900 [PART lV the vice-president of the Municipality shall be carried on by such officer of the State Government, as it may by order specify in that behalf, until such time as a ne\v president and vice-president shall have been elected and shall have taken over the charge of their duties.".
12. In the Municipalities Act, in section 34, in sub-section (1), for the words
"On the election of a new president or vice-president" the won.ls, brackets and figure~ "On the appointn1ent of an ollic<."r under sub-section (4) of section 33, or as the case may be, on the election of a new president or vice-president"
shall be Sl•b~tituted.
13. 'file Gujarat Local Authorities (Extension of Term and Laws Am<."nd- n1ent) Ordinance, 1978 is hereby repealed and the provisions of sections 7 and ~~~ 7 25 of the Bombay General Clauses Act, 1904 shall apply to such repeal. as if, of
. 1978.
that Ordinance were an enactment. PRJNTF.D AT THE OOVERNMENf CE~L PRESS, QANDlilNAO.Ut. Bom.I-
of
190<.
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