Eidra !lo. 33 REGISTEBED NO. G/GNBIJ i:."':--·~- --- ' '\'\". - ,,;..,- ' . . -~:
fbtl~.~jifat .. 6ol>rrnmrn.t .6~!!~, ?'iEXTRAORDINARY~"/
' ·P1JBLISH£0 BY AUtHORlTY
Vol. XXVII] THURSDAY, SEPTEMBER 11, 1986/BHADRA 20, 1908 Separate paging Is given to Ibis Part In order d>at It may be filed RI a separate compilation. ·.
PART IV
ActS" of the Gujarat Legislature and Ordinances promulgated and' Regulations. made by the Governor.
The following Act of the Gujarat Legislature having been assented to by the- Governor en the 10th September, 1986 is hereby published for general information.
J. P. VASAVADA.
Secretary to the Government of Gujarat, Legal Department.
GUJARAT ACT NO. 23 OF 1986.
(First publishCd, after having received the assent of the Governor .in the
"Gu;arat Government Gazette" on the 11th September, 1986).
AN ACT
to provide fOr disqualification of members of certain local authorities on ground- of defection and for matters connected therewith It is hereby enacted in 'f.he ThirtywsevEnth Year of the Republic of India a-11 fol\o,vs:- '
1. tl) 'fhis Act may be called t.he Gujarat Provi~ion for Disqualification of :Pilembers of Local Authorities for Defection Act, 1986. · (2) It shall come into force on such date as the State Government. may Ly notifica,tion in the Off1Cial Ga: ette appoint. '
1
IV ·Bi:tra-83· l Shon
titk1
ond
OOllllllell~ O-:'lll6Ilt. i •
1
• Doftnl• ~ .... 33-2 GUJARl\T GOVERNMENT GAZETTE, EX., 11-9-1~86 [PART IV
8. In this Act, unless the contex'.: otherwi11e requires,-
(a) "Councillor" meAD% a councillor of a Municipal Corporatioµ Ol", as - llie case may be, a. municipality ;
(b) "Member" means a member of a p,11.nchayat;
(c) "Municipal Corporation" meansamunicipaloorporalion contstituted under the Bombay_ Provincial Municipal Corporations Act., 1949; {d) "municipal party" in relation to a councillor belonging to any political party in accordance with the Explanation to section 3 means,-
(i) in the case of a councillor of a munici,pal corporation, the group con- sisting of all_ the councillors of the municipal corpor3tion for the time being .belonging to that political party in accordance with the said Explanation ;
(ii) in tl1e case of a councillor of a mU.nicipality the group consisting of all the councillors of the municipality .for the time being belonging to that political party in accordance with the said Explanation ; /
(e) "Municipality" means a municipality constituted or deemed to be. constituted under the Gujarat Municipa~ties Act, 1963;
(f) "original political party" in relation to a councillor or a member means the political party to 'vhich he belongs for the purposes of sub- section (J) of section 3 ;
(.g) "panchayat" means· a district panchayat or, as the case may be, a talnka. panchayat constituted under the Gujarat Panchayats Act, 1961 ;
(h) "panchayat party" in relation to a member belonging to any political party in accordance with the Exp'anation to section 3 means the group consisting of all the members of the panchayat for 'the time being belonging to that political party in accordane{l with the said Explanation. ~~
3. (J) Subject to the provisions of sections 4 and 5, a councillor or a Di$l(Ilber belonging to any political party shall be disqualified for being a conn- .. dllor or a member,- . . .
(a) if he has voluntarily given up .his membership of such political party; or
Gllj. 34.
vf 19il4.
Guj.Vl.
of 19&2.
'
(b) if he votes or abstains from voting in any meeting of a municipal 1 corporation, panchayat or as.the case may be, muncipality contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it fu this behalf without obtaining in either cll.se the prior permission of, such political party, person or authority and such voting or abstention has not been condoned l;iy such political party, person or authority within fifteen days from the date of such voting or _abstentior>,
2
• PART IVJ GUJARAT GOVDBNlmN'l' GAZE~l'E, JJ:X., 11·9·1986 _33.3 --
E:qilanatMm.-{l)For t1t.e purpo•N of this .l!leotion,- , · (a) a person elected as a oounoillor or, as the case may be, a m6J)l~er shall be doomed to belong t.o the political party, if any, by which he was Jet up as a candidate for election a.e such councillor or member ;
(b) an appointed councillor or member shall,- ($) where he is a member of any politioal party on .the date of his appointment as such councillor or, as the ease may be, member be deemed to belong to snoh. political party ; I
(ii) in any other case, be deemed to belong to the political party of'.' which he becomes, or, as the case. -may be, first becomes a member of such party before the expiry of six months from the date- on which he is appointed as such councillor, or as the oase may be, a m6mber. '
(2) An elected councillor, or as the case m~y be, membe'!' who tiJ been eleoted as such otherwise than as a candidate set up by any political party shall be disqualified for being a councillor or, as the case may' be, a member if he. joins any political party after such elec~ion. , (3} An appointed councillor or, as the case may be, member shall be disqualified for being a councillor or, as the case may be, a member if J;te joins any political party aft-er the expiry of six JiOnths from -tho date on which he is appointed as such councillor, or as the case may be, a member.
(4) Not,vithst~nding anything contained in th:e •foregoing provisions
•
I
' J ' , '
,,
• d of
(a) where he was a member of a political Party immediately before such commencement, be, deemed, for the purposes of sub-section (1) to have been elected as a Councillor or, as the case may be, a member as a candidate set up by such political party; -
(b) in any other case; be deemed to be an elected councillor of, as_ the case may be, member wl10 has ~een elected as such otherwise than as a candidate set up by any political party for the purpose of sub· section (2) or, as the caso may be, be deemed to be an appointed councillor . or, as the case may be, a member for the purposes of sub-section (3).
4. (1) Where a councillor or, as the case may be, a m.ember makes a claim that he and any other members of the municipal party or, as the oo.se may be, the panchayat party constitute the group representing a faction :vhich has arisen as a result of a split in his original politirai-1 ·par~y and suoh group consists of not less than one·-third of the councillors of such muni· Aipal party or,· as the case may be, members Of such panchayat part.Y~- DisquaJi.
fioation on
~und of
defootion
not to
apply in
• 0-al'O of split.
I
•
3
"Diii'l'lali· 0 fioation on gtOU!ld ol ile!e•Uon noi; W apply ia oaM of
merger, D.eh.io• •• quenion
~to
·W.q11ali• ftoation e• ... ®. "
defootien.
GUJARA,'l' _GOVERWMENT G.A,mTTE, EX., ll-9·1986 [l'ART IV ,3
(a) he shall not be disqualified under sub·section (1) of section 3 on the- groUnd,- •
(i) that ·he has voluntarily given up membership of his original poli- tical party; or
(ii) that he- has voted or abstained from voting· in the meeting of such municipal corporation, panohayat or, as the case may be, muni- oip'a.lity contrary to any direction issued 'by such party or by any ·person or authority . authorized by it in that behalf without obtaining the prior permission of such party, person, authority and such voting or abstention has not been condbned by such party, person or autho- rity within fifteen days from the date of such voting or abstention; and
(b) from the time of such split, such faction shall be deemed to be the political party to which he belongs for the purposes of sub-section (1) of section 3- and to be his original political party for the purposes of thia section. ·
5. (1) A councillor or a member shall not be disqualified under sub-section
(1) of section 3 where his original political party merges with another poli· tical party and he ciaims that he and any other members of his original political party,-
(a) have becon1e members of such other political party or, as the case may be, of a new political party formed such merger; or
(b) have not accepted-the merger and opted to function as a separate group. and from the time of such merger such other political party or new poli- tical party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-section (1) one of section. 3 and to ~e his original political party for the plll'pose of this sub-section.
(2) For the purposes of sub-section (1) the merger of tho original politi- Gal party of a councillor, or as the case may be, a member shall be deemed to have taken place if, and only, not less than two-thirds of the members of municipal party concerned or, as the case may be, pS.nchayat party con-
•erned, have agreed to such merger. 6, If any question arises as to whether,-
(J) a. councillor of a municip_al corporation;-or
(2) a member of a panchayat; or
(3) a councillor of a municipality has become subject to disqualifications Under this~Act, the' question shall be :referred to the Chief Secretary to thelState Government or to such officer not below the rank of a Secretary of any Department of the State Govern- ment as may br- (l_esi
'
'
!
4
]!om. LIX of ..... Qaj. .Vl
of 1tJij2: . ., ... of 19U.
PART rVJ aUJARA.TGOV'EDN:imNTGA.iETTE,EX.,11.9.1986
1. No oivil court and no other authorjty or o:fl:iOOJ l1rid.eY the Bombay Provincial MUn.icipal Corporations Act 1949, or th6 Gujarat PD.nchayat.s Act, 1961 or the· Gujarat Municipalities Aot, 1963, shall have any· jurisdiction to deal with or decide any qilestion as to disqualificatjon of a councillor or a member on the grOund of defOOtion or as to any matter connected therewith, which the Chief , Secretary to the ,State Government ~r an 9fficer not belOw the rank ot a SOOretary of any Department of the State GOvern· m:ent dOOigriated };) the State Goveriuiierit ill thiS behal! W einpoweffii to d6al with or dOOidl uricter seCtic\ri 6' and no injunction shall be granted by any civil court or any authority or officer in respect of any action taken or to be taken by the Chief Secretary or the designated officer in· pursuane& ot anY power corifetred on hiri:i. bf or under this Act. s. (1) The State .Government may by. notification in the Official Gazette Bake. m8ke rule& fOr canyirig out th·e p1i±posea of this Act.
(2) In particular and without prejudice to the generality of th'e foregoing power, such riilea may provide for all of any of the following matters, namely:-
(a) the maintenance of registers or other records as to the pOlitical par- ties, if any, to which different councillors or, as the ca.ae may be, members belong;
(b) the report which the leader of a municipal party in relation to a councillor and the leader of a panohayat party in relation to a' member shall furnish with regard to any condonation of the nature referred to in clause (b) of Bnb-seation (1) of section 3 in respect of such councillor or, as the case may be, member, the time within which and authority to whom. such report shall be furnished;
(o) the reports which a political party shall furnish with regard to' admission t.o such political party of any conncillo:rs· or membeni and the· ofl'icer of the -municipal corporation, panchayat or, as the case may be,. municipality t.o whom ench reports shall be furnished;
(d) the procedure for deciding any question :referred io in section 6 including the procedure of any inquiry which will be made for the purpose of deciding such question; and
(e) any other matter which is required to be or may be pmcribed.
(3) In making rules under this section, the State Government may provide that for any breach thereof, the offender shall on conviction be punisho::id with fme which may extend to one thoUBand rupees and .in the caae of continuing breach with fine which may extend to fifty rupees for every day during which the breach continues after conviCtion for the first breach.
(4) All rules made under this eection shall be laid for not Jess than thirty days before the State Legislature 88 soon 88 may be after they are made and shall be Bnb~t t.o ua<:iasion by the State Legislature or to such modification as the Stat.- ~!tlmlio.re may make during the session in which they are 80 ~ laid or the session imm.ediat.ely following. ·
IV~.-33-2
5
_,. .. aent of .oUon 10 ......
.LIX of ..... 33-6 GUJARAT GOVERNMENT GAZE1'TEi; :E:lt; it-9-1986 [PART IV,
(5) Any rescission 6r tuodifi.cation so made by the State Legislature-shall be pubished in the Official Gaulle and shall thereupon, take effect. -~ In the Bombay Provincial Municipal Corporations Act,1949, in section 10, of after sub-section (~). the following sub-section shall_ be added, namely:-
1'(3) A person who at any time during the term of his office is disqualified under the Gujarat Provision1 for Disqualification of Members of Local Authorities for E>efection Act, 1986 for being a councillor shall cease to hold offi.oo as such councillor."
BOJ'll.. LlJ:
of 19'9. Goj •
of 19Sll. Amendment ojaootion 23
Of Quj. 6 of
10. In th_e Gujarat Panchayats Act, 1961, in seotion 23, after sub-Section Gui 6• (1), the following sub-section shall be added, namely:- of 1Q61. -· J,moo.dm~t
of.eotloo. 11
of Guj. 34
of 1964,
"(2) A person who at any time during the term of his office is disqualified under the Gujarat Provision for Disqualification of Members of Local Authoritiea for Defection Act}..1986 for being a member of a taluka panchayat or, as the case may be, a district panchayat shall cease to hold office as such member."
11. In the Gujarat Municipalities Act, 1963, in section 11, after sub-section (3), the: following sub-section shall be added, namely:-
"(4) A person who at any time during the term of his office is disquali- fied under the Gujarat Provision for Disqualification of Members of Local Authorities for Dfilectivn Act, 1986 for being a councillor shall cease to hold oUice a.s such councillor,"
Guj.
of 1986.
GuJ. 3'
of 196'. Goj.
of 1986.
,
6