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The Gujarat Municipalities Act, 1963
The Gujarat Municipalities Act, 1963
Sections
Section 1. Short title, extent and commencement.
Section 1Section 2. Definitions.
Section 2Section 3. [Deleted.]
Section 3Section 4. [Deleted.]
Section 4Section 4A. [Deleted.]
Section 4ASection 5. Incorporation of Nagar Panchayat and Municipal council.
Section 5Section 6. Municipality to consist of elected councillors.
Section 6Section 7. Determination of number of councillors to be elected and determination of
Section 7Section 8. Duration of the Municipalities, and the Councillors.
Section 8Section 8A. Appointment of an officer to exercise the powers of the Municipality in
Section 8ASection 9. List of Voters for every ward.
Section 9Section 9A. [Deleted.]
Section 9ASection 9B. [Deleted.]
Section 9BSection 9C. [Deleted.]
Section 9CSection 9D. [Deleted.]
Section 9DSection 9E. [Deleted.]
Section 9ESection 9F. [Deleted.]
Section 9FSection 9G. [Deleted.]
Section 9GSection 9H. [ Deleted.]
Section 9HSection 9I. [Deleted.]
Section 9ISection 9J. [ Deleted. ]
Section 9JSection 10. Persons qualified to vote and be elected.
Section 10Section 11. General disqualifications for becoming a councillor.
Section 11Section 12. General disqualifications of voters.
Section 12Section 13. Right to vote.
Section 13Section 14. Determination of validity of elections.
Section 14Section 15. Voter disqualified for corrupt practice.
Section 15Section 16. Prohibition of canvassing in or near polling stations.
Section 16Section 17. Penalty for disorderly conduct in or near polling stations.
Section 17Section 18. Penalty for misconduct at polling station.
Section 18Section 19. Maintenance of secrecy of voting.
Section 19Section 20. Officers, etc., at elections not to act for candidates or to influence voting.
Section 20Section 21. Breaches of official duty in connection with elections.
Section 21Section 22. Removal of ballot papers from polling station to be an offence.
Section 22Section 23. Other offences and penalties therefor.
Section 23Section 24. Prosecution regarding certain offences.
Section 24Section 25. Requisitioning of premises, vehicles, etc., for municipal elections.
Section 25Section 26. Payment of compensation.
Section 26Section 27. Power to obtain information.
Section 27Section 28. Eviction from requisitioned premises.
Section 28Section 29. Release of premises from requisition.
Section 29Section 30. Penalty for contravention of any order regarding requisitioning.
Section 30Section 31. President and Vice-President.
Section 31Section 32. Election of President and Vice-President.
Section 32Section 33. Term of office of President and Vice-President.
Section 33Section 34. Duty of retiring President etc., to hand over charge of office.
Section 34Section 35. Resignation of President, Vice-President or Councillor.
Section 35Section 36. Motion of no confidence.
Section 36Section 37A. Resignation not to affect subsequent disqualification of a councillor.
Section 37ASection 38. Disabilities from continuing as a councillor.
Section 38Section 39. Leave of absence.
Section 39Section 40. Suspension of President or Vice-President.
Section 40Section 41. Eligibility of certain members for re-election.
Section 41Section 42. Filling of vacancies.
Section 42Section 43. Vacancy in Municipality, etc., not to invalidate its proceedings.
Section 43Section 44. (1) Municipal. Government vests in the municipality.
Section 44Section 45. Functions of President.
Section 45Section 46. Functions of Vice-President.
Section 46Section 47. Appointment of chief Officers and other Officers.
Section 47Section 48. Imposition of Penalties.
Section 48Section 49. Powers and duties of Chief Officer.
Section 49Section 50. Appointment of other officers and servants of Municipalities.
Section 50Section 50A. Provident Fund to be deposited in Government Treasury.
Section 50ASection 51. Provisions in regard to meetings of municipality and procedure.
Section 51Section 52. The chief officer to be present at every meeting of the municipality but not to
Section 52Section 53. (1) Executive Committee.
Section 53Section 54. Pilgrim Committee.
Section 54Section 55. Other Committees.
Section 55Section 56. Consultative Committees.
Section 56Section 57. When person other than Councillors may serve on Committees.
Section 57Section 58. Casual Vacancies, re-eligibility.
Section 58Section 59. (1) Ex-officio and appointed Chairman.
Section 59Section 60. (1) Procedure at meetings.
Section 60Section 61. (1) Procedure by circular.
Section 61Section 62. Subordination of committees to municipality.
Section 62Section 63. Powers, duties and functions may be delegated to officers whose expenses may
Section 63Section 64. Joint committees of local bodies.
Section 64Section 65. (1) Powers of Municipality to sell, lease and contract.
Section 65Section 66. Mode of executing contracts.
Section 66Section 67. Tenders to be invited for contracts involving expenditure exceeding Rs. 5,000.
Section 67Section 68. Security when to be taken for performance of contract.
Section 68Section 69. Recourse to the Land Acquisition Act, 1894.
Section 69Section 70. Liability of councillors for misapplication.
Section 70Section 71. Officer or servant of municipality not to be interested in contract with such
Section 71Section 72. Penalty for councillor, officer or se rvant of a municipality being interested in
Section 72Section 73. Councillors etc. to be deemed public servants.
Section 73Section 74. (1) Acts, and proceedings of municipality and committee not vitiated by
Section 74Section 75. Accounts to be kept.
Section 75Section 76. Presentation of Accounts, budget estimates.
Section 76Section 77. Audit of Accounts.
Section 77Section 78. Transmission of accounts to State Government.
Section 78Section 79. Publication of accounts.
Section 79Section 80. Power to acquire and hold property for the purposes of the Act.
Section 80Section 81. Decision of claims to property by or against the municipality.
Section 81Section 82. Municipal Fund.
Section 82Section 83. Application of municipal property and funds within and without the municipal
Section 83Section 84. Power of municipality to extend service to persons or properties outside its limits
Section 84Section 85. Extension by Municipality of its services etc., to area outside its limits.
Section 85Section 86. Deposit of funds and investment of surplus funds.
Section 86Section 87. Duties of municipalities.
Section 87Section 88. Provision for anti-rabic treatment of indigent persons.
Section 88Section 89. Provision for lunatics and lepers.
Section 89Section 90. Analysis and inspection of water supplied through pipes.
Section 90Section 91. Discretionary functions.
Section 91Section 92. Arrangements purporting to be binding permanently or for a term of years.
Section 92Section 93. Recovery of land revenue by municipalities.
Section 93Section 94. Responsibility of the municipalities.
Section 94Section 95. Conferment of powers and duties for collection of land revenue on
Section 95Section 96. Right of State Government to collect land revenue unaffected.
Section 96Section 97. Collector to appoint officer on suspension of powers of municipality.
Section 97Section 98. Transfer of functions of State Government to municipalities.
Section 98Section 98A. Levy of fifty paise cess on every rupee of land revenue.
Section 98ASection 98B. Levy of cess on water rate.
Section 98BSection 98C. Manner of levying cess described in section 98A.
Section 98CSection 98D. Manner of levying cess described in section 98B.
Section 98DSection 98E. Collection and credit of local cess on land revenue and water rates.
Section 98ESection 98F. Suspension and remission of local cess.
Section 98FSection 99. Taxes which may be imposed.
Section 99Section 99A. Tax on buildings and lands.
Section 99ASection 100. Payment to be made to the municipality in lieu of a tax on buildings by the
Section 100Section 101. Procedure preliminary to imposing tax.
Section 101Section 102. Power to sanction, modify and impose conditions.
Section 102Section 103. Publication of sanctioned rules with notice.
Section 103Section 104. Municipalities empowered by the State Government to levy tax or vary amount
Section 104Section 105. (1) Preparation of an assessment list.
Section 105Section 106. (1) Person primarily liable of a tax on buildings or lands or both how to be
Section 106Section 107. Publication of notice of assessment list.
Section 107Section 108. (1) Public notice of time fixed for lodging objections.
Section 108Section 109. (1) Amendment of assessment list. Notice of new buildings.
Section 109Section 110. Notice to be given to the executive committee of de molition or removal of
Section 110Section 111. New assessment list need not be prepared every year.
Section 111Section 112. Power of State Government to appoint person to authenticate list in case of
Section 112Section 113. Tax from whom primarily leviable.
Section 113Section 114. [Deleted.]
Section 114Section 115. Notice to be given to the chief officer of all transfers of title of person primarily
Section 115Section 116. Form of notice.
Section 116Section 117. Liability for payment of tax on building or land or both to continue in absence of
Section 117Section 118. (1) Fees may be charged for certain licences
Section 118Section 119. (1) Fixed charges and agreements for payment in lieu of taxes for water supplied.
Section 119Section 120. Taxes on pilgrims may be assigned in part to panchayats.
Section 120Section 121. [Deleted.]
Section 121Section 122. [Deleted.]
Section 122Section 123. [Deleted.]
Section 123Section 124. [Deleted.]
Section 124Section 125. [Deleted.]
Section 125Section 126. Tables of tolls to be shown on demand.
Section 126Section 127. (1) Power to seize vehicle or animal on non-payment of toll.
Section 127Section 128. [Deleted.]
Section 128Section 129. [Deleted.]
Section 129Section 129A. [Deleted.]
Section 129ASection 130. Power of State Government to suspend levy of objectionable taxes.
Section 130Section 131. Power of State Government to require municipalities to impose taxes.
Section 131Section 132. (1) Presentation of bill for taxes.
Section 132Section 133. (1) Coercive measures for recovery of municipal claims.
Section 133Section 134. (1) Sale of goods distrained in special cases.
Section 134Section 135. Sale outside municipal borough.
Section 135Section 136. Fees and costs chargeable.
Section 136Section 137. Summary proceedings may be taken against persons, about to leave the borough.
Section 137Section 138. Appeals to Magistrates.
Section 138Section 139. Entries in the assessment list and taxes and decisions to be final.
Section 139Section 140. Liability of land, buildings, etc., for taxes.
Section 140Section 141. Receipts to be given for all payments.
Section 141Section 142. Certain amounts to be recovered as arrears of land revenue.
Section 142Section 142A. Finance Commission.
Section 142ASection 143. Rebate in respect of cost of collection of land revenue, etc.
Section 143Section 144. Power of Government to make grants.
Section 144Section 145. Condition of grant.
Section 145Section 146. (1) Powers regarding public streets.
Section 146Section 147. (1) Power to require repair etc., of private streets.
Section 147Section 148. Power to declare any street a public street subject to objections by the owners.
Section 148Section 149. (1) New private streets.
Section 149Section 150. Regular line of a public street.
Section 150Section 151. (1) Setting back projecting buildings.
Section 151Section 152. Setting forward to regular line of street.
Section 152Section 153. (1) Roofs and external wall of buildings not to be made of inflammable
Section 153Section 154. Level of buildings.
Section 154Section 155. (1) Notice of new buildings.
Section 155Section 156. Power of Municipality to refuse permission.
Section 156Section 157. Completion certificates permission to occupy or use.
Section 157Section 158. Regulation of huts.
Section 158Section 159. Improvement of huts.
Section 159Section 160. Municipal control over drains etc.
Section 160Section 161. Powers for making and repairing drains.
Section 161Section 162. Power to require sufficient drainage of houses.
Section 162Section 163. New buildings not to be erected without drains.
Section 163Section 164. Powers of owners and occupiers of buildings or lands to drain into municipal
Section 164Section 165. Right to carry drain through land or into drain belonging to other persons.
Section 165Section 166. Right of owner of land through which drain is carried in regard to subsequent
Section 166Section 167. Provisions of privies, etc.
Section 167Section 167A. Power of Chief Officer to require owner to provide water closet or privy
Section 167ASection 168. Power to require owners to keep drains, etc., in proper order or to demolish or
Section 168Section 169. Power to close existing private drains.
Section 169Section 170. Power in respect of sewer s, etc., unauthorizedly constructed, rebuilt or
Section 170Section 171. Encroachments on municipal drains.
Section 171Section 172. (1) Inspection of drains etc.
Section 172Section 173. Executive committee m ay execute certain works under this sub -chapter without
Section 173Section 174. Pipes etc., constructed by municipality to be municipal property.
Section 174Section 175. Power of carrying water mains.
Section 175Section 176. (1) Permission necessary for certain projections.
Section 176Section 177. Troughs and pipes for rain water.
Section 177Section 178. Fixing of lamps, brackets, etc., to houses.
Section 178Section 179. Naming streets and numbering of premises; penalty for defacing etc.
Section 179Section 180. Penalty for defacing building, etc.
Section 180Section 181. Removal and trimming of hedges, trees, etc.
Section 181Section 182. (1) Ruinous or dangerous buildings; precautionary measures.
Section 182Section 183. (1) Powers and duties with regard to dangerous, stagnant or insanitary sources of
Section 183Section 184. Displacing pavements, etc.
Section 184Section 185. Obstructions and encroachments upon public streets and open spaces.
Section 185Section 186. Hoards to be set up during repairs, etc.
Section 186Section 187. Fencing and lighting during repairs, etc.
Section 187Section 188. Timber not to be deposited or hole made in street without permission.
Section 188Section 189. Dangerous quarrying.
Section 189Section 190. Provision as to dogs.
Section 190Section 191. Provision as to keeping of pigs.
Section 191Section 192. Depositing dust, etc., committing nuisance.
Section 192Section 193. Discharging sewage, etc.
Section 193Section 194. Non removal of filth, etc.
Section 194Section 195. Removal of night-soil.
Section 195Section 196. (1) Filthy buildings, etc.
Section 196Section 197. Buildings or rooms in buildings unfit for human habitation.
Section 197Section 198. Power to enter and inspect, etc., buildings.
Section 198Section 199. Bathing places.
Section 199Section 200. (1) Regulation of washing of clothes by washermen.
Section 200Section 201. Fouling water.
Section 201Section 202. Abatement of nuisance from wells, etc.
Section 202Section 203. Using offensive manure, etc.
Section 203Section 204. Tethering cattle, etc.
Section 204Section 205. Feeding animals on filth.
Section 205Section 206. Consumption of smoke.
Section 206Section 207. Licensing markets and slaughter-houses.
Section 207Section 208. Opening, closing and letting of markets and slaughter-house.
Section 208Section 209. Power to remove persons from municipal markets.
Section 209Section 210. Slaughter houses, etc., beyond municipal limits.
Section 210Section 211. (1) Search for and inspection of unwholesome articles.
Section 211Section 212. Powers of inspection of weights and measures, etc.
Section 212Section 213. Licensing of dairies.
Section 213Section 214. Powers to prevent disease which may at any time be conferred.
Section 214Section 215. Duties of municipality on threatened or actual outbreak of dangerous disease.
Section 215Section 216. Withdrawal and modification of powers and orders.
Section 216Section 217. Duties of municipality in respect of diseases among cattle.
Section 217Section 218. Proceedings to abate the overcrowding of the interiors of building.
Section 218Section 219. Special powers which may be conferred by the State Government in respect of
Section 219Section 220. Closing of places for disposal of the dead.
Section 220Section 221. Regulation of certain trades.
Section 221Section 222. Prohibition of use of steam whistles, etc.
Section 222Section 223. Loitering or importuning for purpose of prostitution.
Section 223Section 224. Pilgrims lodging houses.
Section 224Section 225. Police and municipal officers to aid fire-brigade.
Section 225Section 226. (1) Service of notices, etc. addressed to individuals.
Section 226Section 227. Punishment for disobedience of order and not ice not punishable under any other
Section 227Section 228. General penalty.
Section 228Section 229. (1) Municipality in default of owner or occupier may execute works and recover
Section 229Section 230. Occupier in default of owner, may execute works and deduct expenses from his
Section 230Section 231. Proceedings if any occupier opposes the execution of the Act.
Section 231Section 232. Liability of persons receiving rent as owners subject to availability of funds.
Section 232Section 233. [Repealed]
Section 233Section 234. [Repealed]
Section 234Section 235. [Repealed]
Section 235Section 236. [Repealed]
Section 236Section 237. [Repealed]
Section 237Section 238. Cattle tress-pass Act to cease to apply.
Section 238Section 239. Power to establish cattle pounds and appoint pound keepers.
Section 239Section 240. Penalty for allowing cattle to stray in street or to tres -pass upon private or public
Section 240Section 241. Impounding of cattle.
Section 241Section 242. Sale of cattle not claimed.
Section 242Section 243. Pound-fees and expenses chargeable to be fixed.
Section 243Section 244. Complaints of illegal seizure or detention.
Section 244Section 245. Security in respect of impounded cattle.
Section 245Section 246. (1) Municipality may prosecute.
Section 246Section 247. Distress lawful though defective in form.
Section 247Section 248. Damage to municipal property how made good.
Section 248Section 249. Alternative procedure by suit.
Section 249Section 250. Power to sue, compromise and pay compensation.
Section 250Section 251. Assistance for the recovery of rent on land.
Section 251Section 252. Bar of suits against municipality, its officers, servants, etc. fo r acts done in good
Section 252Section 253. Limitation of suit against municipality, its officers and servants for acts done in
Section 253Section 254. Previous sanction for prosecution against President or Vice -President or
Section 254Section 255. Powers of police officers.
Section 255Section 256. Posting under municipalities of officers and servants in State Service.
Section 256Section 257. Power of inspection and supervision.
Section 257Section 258. Powers of Collector to suspend execution of orders, etc. of municipalities.
Section 258Section 259. Extraordinary powers of Collector in case of emergency.
Section 259Section 260. Power of Director to prevent extravagance in the employment of establishment.
Section 260Section 261. Inquiry into municipal matters by State Government.
Section 261Section 262. Power of State Government to provide for performance of duties on default by
Section 262Section 263. (1) Power of State Government to dissolve or supersede municipality in case of
Section 263Section 263A. [Deleted.]
Section 263ASection 264. Powers of State Government over Collectors, etc.
Section 264Section 264A. Notified areas.
Section 264ASection 264B. Power of State Government to impose ta xation and regulate expenditure of the
Section 264BSection 264C. Application of Act to notified area.
Section 264CSection 264D. [Deleted.]
Section 264DSection 264E. Vesting, recovery and application of property, rights and liabilities of persons or
Section 264ESection 265. Interpretation.
Section 265Section 266. Power of State Government to make suitable provisions by order when a
Section 266Section 266A. Interpretation.
Section 266ASection 266B. Effect of conversion of gram panchayat into municipality.
Section 266BSection 266C. [Deleted.]
Section 266CSection 266D. [Deleted.]
Section 266DSection 266E. [Deleted.]
Section 266ESection 267. Entry for purposes of the Act.
Section 267Section 268. Arbitration in cases of compensation, etc.
Section 268Section 269. Costs or expenses how determined and recovered.
Section 269Section 270. Power of authorised officer to recover record, money or other property.
Section 270Section 270A. [Deleted.]
Section 270ASection 271. Municipalities to make rules.
Section 271Section 272. Discretionary power to make rules.
Section 272Section 273. [Deleted.]
Section 273Section 274. Power to suspend, reduce or abolish any existing tax.
Section 274Section 275. (1) Power to make by-laws.
Section 275Section 276. Rules and by-laws to be printed and sold.
Section 276Section 277. Powers of State Government to make rules.
Section 277Section 278. Special provisions for agricultural area.
Section 278Section 278A. Delegation.
Section 278ASection 279. Repeal.
Section 279Section 280. Removal of difficulties.
Section 280Section 281. Transitory provision.
Section 281Section 1. (1) This Act may be called the Gujarat Municipalities Act, 1963.
Section 1Section 2. In this Act, unless the context otherwise requires,-
Section 2Section 1901. Bom.
Section 1901Section 1925. 1964 : Guj. 34] Gujarat Municipalities Act, 1963
Section 1925Section 1962. [1964 : Guj. 34 Gujarat Municipalities Act, 1963
Section 1962Section 3. [Municipality and Municipal Borough how known in Gujarati.] Deleted by Guj. 17 of
Section 3Section 4. [Declaration of municipal Boroughs and alteration of their limits] Deleted by Guj. 17
Section 4Section 4A. [Special provision for declaration of nagar as municipal Borough. ] This section
Section 4ASection 8A. Where it is not possible to hold the election to constitute a municipality as provided
Section 8ASection 9B. Persons qualified to be registered as voters.
Section 9BSection 9C. Form of list of voters, etc.
Section 9CSection 9D. Name of person not to be included in list of voters for more than one ward.
Section 9DSection 9E. Name of person not to be included in list of voters more than once.
Section 9ESection 9F. Period for which a list of voters shall remain in operation.
Section 9FSection 9G. Staff of municipality to be made available.
Section 9GSection 9H. Jurisdiction of Civil Courts barred.
Section 9HSection 9I. Making false declaration.
Section 9ISection 9J. Breach of official duty in connection with the preparation, etc. o f list of voters.
Section 9JSection 10. (1) Every person whose name is in the list of voters referred to in section 9 shall,
Section 10Section 11. (1) No person may be a councillor-
Section 11Section 1949. 1964 : Guj. 34] Gujarat Municipalities Act, 1963
Section 1949Section 12. No person shall vote at any municipal election under this Act, if he-
Section 12Section 1986. General dis-
Section 1986Section 13. (1) No person shall vote at any election in more than one ward and if a
Section 13Section 14. (1) If the validity of any election of a councillor is brought in question by any
Section 14Section 15. Any person who has been convicted of an offence under section 171 -E or 171 -F of
Section 15Section 16. (1) No person shall, on the date or dates on which a poll is taken at any polling
Section 16Section 17. (1) No person shall, on the date or dates on which a poll is taken at any polling
Section 17Section 18. (1) A ny person who during the hours fixed for the poll at any polling station
Section 18Section 19. (1) Every officer, clerk, agent or other person who performs any duty in
Section 19Section 20. (1) No person who is a Returning Officer or a presiding or polling officer at an
Section 20Section 21. (1) If any person to whom this section applies is without reasonable cause guilty
Section 21Section 22. (1) Any person who at any election under this Act fraudulently takes, or attempts
Section 22Section 23. (1) A person shall be guilty of an offence if at any election under this Act he,-
Section 23Section 24. No court shall take cognizance of any offence punishable under section 20 or under
Section 24Section 25. (1) If on a request made by the President of a municipality in that behalf or on its
Section 25Section 26. (1) Whenever in pursuance of section 25 , the requisition ing authority req -
Section 26Section 27. The requisitioning authority may with a view to requisitioning any prop erty under
Section 27Section 28. (1) Any person remainin g in possession of any requisitioned premises in
Section 28Section 30. If any person contravenes any order made under section 25 or section 27, he shall, on
Section 30Section 31. A municipality shall be presided over by a president who shall be elected by the
Section 31Section 32. 30[(1) After a general election to a municipality the Collector shall call the first
Section 32Section 33. 32[(1) (a) The term of office of the President and Vice -President of a
Section 33Section 34. (1)35[On the appointment of an officer unde r sub-section (4) of section 33 or, as
Section 34Section 35. (1) A president may resign his office by tendering his resignation in writing to
Section 35Section 36. (1) A ny councillor of a municipality who intends to move a motion of no
Section 36Section 37. (1) The State Government may remove from office-
Section 37Section 38. (1) If any councillor during the term for which he has been elected or nominated-
Section 38Section 39. (1) Any Councillor who during his term of office-
Section 39Section 40. (1) The State Government or any officer authorised by it, may suspend from
Section 40Section 41. Any person disabled under section 38 from continuing as a councillor shall be
Section 41Section 43. No act or proceedings of the municipality or of any committee constituted under this
Section 43Section 44. (1) Except as in this Act otherwise expressly provided, the municipal
Section 44Section 45. It shall be the duty of the president of a municipality-
Section 45Section 46. It shall be the duty of the vice-president of a municipality-
Section 46Section 47A. (1) If, the State Government is of the opinion that it is necessary and expedient
Section 47ASection 48. (1) Without prejudice t o the provisions of any law for the time being in force,
Section 48Section 49. (1) The Chief Officer shall,-
Section 49Section 50. (1) A municipality may with the previous sanction of the Director, create such
Section 50Section 271. (3) The power to make appointment in any post referred to in sub -section ( 1)
Section 271Section 51. The following provisions shall be observed with respect to the meetings of a
Section 51Section 52. The chief officer shall be present at every meeting of the municipality, and may with
Section 52Section 53. (1) In every municipality there shall be a committee called the Executive
Section 53Section 54. (1) In every municipality notified by the State Government in this behalf , there
Section 54Section 55. (1) Notwithstanding anything contained in sub -section (2) of section 53 , other
Section 55Section 56. A municipality may from time to time appoint such other committees consisting of
Section 56Section 57. Notwithstanding anything contained in this Act, it shall be lawful for a municipality
Section 57Section 58. A vacancy occurring in an Executive Committee or in a committee appointed under
Section 58Section 59. (1) The president or vice -president, if elected a member of any committee, shall
Section 59Section 60. (1) The provision of clauses (4), (9) and (14) of section 51 shall be complied
Section 60Section 61. (1) Notwithstanding anything contained in section 60, the chairman of a
Section 61Section 62. (1) A committed shall conform to any instructions that may from time to time be
Section 62Section 63. Any powers or duties or executive functions which may be exercised or performed
Section 63Section 64. (1) A municipality may from time to time-
Section 64Section 65. (1) A municipality shall be competent; subject to the restriction contained in sub-
Section 65Section 66. (1) Every contract entered into by a chief officer on behalf of a municipality
Section 66Section 67. (1) Except as is otherwise provided in sub -section (3 ), a chief officer shall,
Section 67Section 68. Subject to the rules made by the municipality in this behalf, the chief officer shall
Section 68Section 69. When there is any hindrance to the permanent or temporary acquisition by a
Section 69Section 70. (1) Every councillor shall be personally liable for the misapplication of any fund
Section 70Section 71. (1) Any person who has directly or indirectly, by himself or his partner, any
Section 71Section 72. (a) Any councillor who knowingly acquires directly or indirectly any share or
Section 72Section 73. (1) Every municipal councillor, officer or servant and every lessee of the levy of
Section 73Section 74. (1) No disqualification of or defect in the election or appointment of any person
Section 74Section 75. Accounts of the rec eipts and expenditure of every municipality shall be kept in
Section 75Section 76. (1) A municipality shall have prepared and laid before it, at its periodical general
Section 76Section 77. (1) Independently of the audit provided for under the provisions of t he Gujarat
Section 77Section 78. A municipality shall, as soon as the accounts of the past year have been prepared,
Section 78Section 79. The quarterly and annual accounts, receipts and expenditure, and the budget, when
Section 79Section 80. (1) A municipality may acquire and hold property both moveable and
Section 80Section 81. (1) In any municipal borough to which a survey of lands, other than lands
Section 81Section 82. All moneys received by or on behalf of a municipality by virtue of this or any other
Section 82Section 1950. Special trusts.
Section 1950Section 83. The municipal fund and all property vested in a municipality shall be applied for
Section 83Section 84. (1) Notwithstanding anything contained in section 83 or any other provision of
Section 84Section 85. (1) If for the purpose of taking immediate steps for protecting life and property
Section 85Section 86. (1) Subject to the provisions of sub -sections (2) and (3), all moneys constituting
Section 86Section 87. It shall be the duty of every Municipality to make reasonable and adequate provision
Section 87Section 88. Every municipality shall, out of the municipal property and fund, make payments, at
Section 88Section 89. Every municipality shall, also out of the municipal property and fund, make
Section 89Section 90. If any municipality supplies water through pipes, it shall take such steps, at such
Section 90Section 91. A municipality may, at its discretion, provide, either wholly or partly, out of the
Section 91Section 92. When a municipality has entered into any arrangement or made any promise
Section 92Section 93. The State Government may notwithstanding anything contained in the Land Revenue
Section 93Section 94. The municipality so entrusted under section 93 shall be responsible for the recovery
Section 94Section 95. Where a municipality has been entrusted with the functions and duties relating to the
Section 95Section 96. Notwithstanding anything contained in the provisions herein before the right of the
Section 96Section 97. On the withdrawal under section 96 of the powers conferred on a municipality, the
Section 97Section 98. (1) Notwithstanding anything contained in any law for the time being in force,
Section 98Section 98A. (1) The State Government shall levy, on the condition and in the manner
Section 98ASection 98B. The State Government may levy a cess not exceeding twenty paise on every rupee
Section 98BSection 98C. The cess described in section 98A shall be levied, so far as may be, in the same
Section 98CSection 98D. The cess described in section 98B shall be levied, so far as may be, in the same
Section 98DSection 98E. The local cess leviable on land revenue under section 98A and on water rate under
Section 98ESection 98F. On the application of the municipali ty to which the cess is payable, the State
Section 98FSection 99. (1) Subject to any general or special orders which the State Government may
Section 99Section 100. (1) The Government or the district panchayat or the taluka panchayat concerned
Section 100Section 101. A municipality before imposing a tax shall observe the following preliminary
Section 101Section 102. The State Government may refuse to sanction the rules submitted under section
Section 102Section 103. Rules sanctioned under section 103 with the modifications if any, subject to which
Section 103Section 104. (1) The State Government may, by notification in the Official Gazette, empower
Section 104Section 105. (1) When a tax on buildi ng or land or both is imposed, the chief officer shall
Section 105Section 106. (1) When the name of the person primarily liable for the payment of a tax on building or land
Section 106Section 107. When the assessment list has been completed, the chief officer shall give public
Section 107Section 108. (1) The chief officer, shall at the time of the publication of the assessment list
Section 108Section 109. (1) The executive committee may at any time alter the assessments-list by
Section 109Section 110. (1) When any building or any portion of a building which is liable to the
Section 110Section 111. (1) It shall not be necessary to prepare a new assessment -list every year. Subject
Section 111Section 112. (1) When in any year a new assessment -list is prepared or a list is revised or th e
Section 112Section 113. (1) Subject to the provisions of sub -section 55A[* * * ](6), a tax imposed in the
Section 113Section 115. (1) Whenever the title of any person primarily liable for the payment of a tax on
Section 115Section 116. (1) The notice to be given under section 115 shall be in the form so specified in
Section 116Section 117. (1) Every person primarily liable for the payment of a tax on building or land or
Section 117Section 118. (1) When any licence is granted under this Act, or when permission is g iven
Section 118Section 119. (1) A municipality may, instead of imposing a water -rate or where a water -rate
Section 119Section 120. Where a tax is imposed under this Act on pilgrims reso rting periodically to a shrine
Section 120Section 121. [Power to take effectual measures to prevent entry without payment of octroi.]
Section 121Section 122. [Octroi by-laws to be submitted with proposal for imposition of octroi. I
Section 122Section 123. [Power to examine articles to octroi.]
Section 123Section 124. [Presentation of bills for octroi.]
Section 124Section 125. [Penalty for evasion of octroi.]
Section 125Section 126. A municipality imposing any toll under this Act, shall cause to be kept at each place
Section 126Section 127. 57[(1) In the case of nonpayment on demand of any to ll leviable by a
Section 127Section 128. [Power to keep account current with person, firm or public body in lieu of levying
Section 128Section 129. [Collection of octroi by one public body on behalf of others.]
Section 129Section 6. (6) Powers of State Government in respect of municipal taxes.
Section 6Section 130. (1) If it shall at any time appears to the State Government on complaint made or
Section 130Section 131. Where it appears to the State Government that the balanc e of the municipal fund or
Section 131Section 132. (1) When any amount,--
Section 132Section 133. (1) If the person on whom n otice of demand has been served under sub -section
Section 133Section 134. (1) When the property seized is subject to speedy and natural decay, or when the
Section 134Section 135. Where the warrant is addressed outside the municipal borough , the chief officer
Section 135Section 136. Fees for every notice issued under sub -section (3) of sec tion 132, every warrant
Section 136Section 137. (1) If the chief officer shall a t any t ime have reason to believe that any person
Section 137Section 138. (1) Appeals against any claim included in a bill presented under sub -section (1)
Section 138Section 139. (1) Every entry in the assessment list made under the provisions of this Act
Section 139Section 140. All sums due on account of any tax imposed on la nds or, buildings or both shall,
Section 140Section 141. For all sums paid on account of any tax under this Act, a receipt stating the amount,
Section 141Section 142. Where any amount referred to in sub-section (1) of section 132 has become due and
Section 142Section 142A. (1) The Finance Commission shall review the financial position of the
Section 142ASection 143. A municipality shall, in respect of the cost of collection of land revenue (including
Section 143Section 144. 64[(1) The State Government may, after considering the recommendations of the
Section 144Section 145. The payment of a grant to a municipality shall be subject to the condition that if
Section 145Section 146. (1) It shall be lawful for a municipality to lay out and make new public streets; to
Section 146Section 147. (1) Where the executive committee considers that in any street not being a public
Section 147Section 148. The executive committee may at any time, by notice fixed up 66[in any private street
Section 148Section 149. (1) Every person intending to lay out or make any new street, shall give notice,
Section 149Section 150. (1) The chief officer shall subject to the approval of the municipality prescribe a
Section 150Section 155. (b) Where the chief officer refuses permission to construct or reconstruct
Section 155Section 151. (1) If any part of a building projects beyond the regular line of a public street as
Section 151Section 152. (1) The executive committee may, u pon such terms as it thinks fit, allow any
Section 152Section 153. (1) The external roofs and walls of buildings constructed or renewed after the
Section 153Section 154. No building shall hereafter be constructed upon a lower level than will allow of the
Section 154Section 155. (1) Before beginning to construct any building or to alter externally or add to any
Section 155Section 156. (1) When a person has given notice to the chief officer under sub section (1) of
Section 156Section 157. (1) Every person erecting a building o r executing a work as described in sub -
Section 157Section 158. It shall not he lawful for any person to erect any hut or shed or range or block of
Section 158Section 159. (1) Where the executive committee is of opinion that any hut or shed whether
Section 159Section 160. (1) All sewers, drains, privies, water-closets, house-gullies and cesspools within
Section 160Section 161. (1) It shall be lawful for a municipality or any person a cting under its authority
Section 161Section 162. If any building or land be at any time undrained, or not drained to the satisfaction of
Section 162Section 163. (1) It shall not be lawful to construct or reconstruct any buildi ng, or to occupy or
Section 163Section 164. (1) The owner or occupier of any building or land within the municipal borough
Section 164Section 165. (1) If the owner or occupier of any building or land desires to connect the same
Section 165Section 166. If the owner of any land into, through or under which a drain has been carried under
Section 166Section 167. (1) Where the chief officer is of opinion that any privy ox cesspool or additional
Section 167Section 168. (1) All sewers, drains, privies, water-closets, urinals, house-gullies and cesspools
Section 168Section 169. When any building or land within municipal borough has a drain communicating
Section 169Section 170. The executive committee may by written notice require that any sewer, drain, privy,
Section 170Section 171. (1) If any person, without the written consent or permission of the chief officer
Section 171Section 172. (1) A chief officer after due not ice to the occupier may inspect any
Section 172Section 173. (1) The executive committee may, if it thinks fit, cause any work, the
Section 173Section 174. Any pipes, fittings, receptacles, or other appliances for or connected with the
Section 174Section 175. For the purpose of obtaining a supply or an additional supply of water or of
Section 175Section 176. (1) The chief officer, subject to any by e-laws made under the provisions of this
Section 176Section 177. The chief officer may by written notice require the owner of a building in any street
Section 177Section 178. The chief officer may erect or fix to the outside of any building brackets for lamps
Section 178Section 179. (1) The municipality may from time to time cause to be put up or painted on a
Section 179Section 180. Any person-
Section 180Section 1885. Naming streets and
Section 1885Section 181. The chief officer may by written notice require the owner or occupier of any land so
Section 181Section 182. (1) Where any building or anything affixed thereon is deemed by the
Section 182Section 183. (1) The chief officer may at any time by written notice require that the owner of
Section 183Section 184. (1) Whoever displaces, takes up, or makes any alteration in the pavement, gutter,
Section 184Section 185. (1) Whoever in any area after it has become a municipal borough,
Section 185Section 186. (1) A person intending to construct or take down any building or to a lter or
Section 186Section 187. (1) The chief officer shall, during the construction or repair of any of the streets ,
Section 187Section 188. (1) No person shall, without the written permission of the chief officer and
Section 188Section 189. (1) If in the opinion of the chief officer the working of any quarry or the removal
Section 189Section 190. (1) The chief officer may by public notice require that every dog while in the
Section 190Section 191. (1) If it shall appear to the chief officer at any time that nuisance or annoyance is
Section 191Section 192. (1) Whoever deposits or causes or suffers any member of his family or
Section 192Section 193. Whoever causes or allows the water of any sink or sewer or any other liquid or
Section 193Section 194. Whoever being the owner or occupier of any building or land, keeps or allows to be
Section 194Section 195. (1) The chief officer may by public notice from time to time fix the hours within
Section 195Section 196. (1) Whoever, being the owner or occupier of any building land, whether
Section 196Section 197. (1) If, for any reason, it shall appear to the executive committee that any building
Section 197Section 198. It shall be lawful for the president, vice -president, chair man of the executive
Section 198Section 199. (1) The executive committee may set apart sufficient public places, or any part of
Section 199Section 200. (1) The executive committee may, by public notice, prohibit the washing of
Section 200Section 201. Whoever, in disobedience of any order of the municipality under section 199, or of
Section 201Section 202. (1) If, in the opinion of the chief officer-
Section 202Section 203. Whoever, except with the written permission of the chief officer and in accordance
Section 203Section 204. Whoever tethers cattle or other animals, or causes or suffers them to be tethered by
Section 204Section 205. Whoever feeds any animal which is kept for dairy purposes or is intended for
Section 205Section 206. (1) It shall be lawful for the municipality to direct by public notice that every
Section 206Section 207. (1) It shall be lawful for the municipality to direct that no place other than a
Section 207Section 1949. 208. (1) The municipality may from time to time open or close any public market or
Section 1949Section 209. If any officer specially empowered in this behalf by the municipality is satisfied
Section 209Section 210. It shall be lawful for a municipality with the sanction of the 43[Director] or, if
Section 210Section 1949. Opening, closing
Section 1949Section 211. (1) The president, vice-president, chairman of the health committee, chief officer
Section 211Section 212. The president, vice -president, chief officer or any councillor authorised by the
Section 212Section 213. (1) Except under and in accordance with the terms of a licence from the
Section 213Section 214. (1) Whenever any area within a municipal borough is declared by the State
Section 214Section 215. (1) In the event of the municipal borough or any part thereof being at any time
Section 215Section 216. (1) The State Government, in the case of section 214, and the Col lector, in the
Section 216Section 217. If in any municipal borough any infectious disease amongst cattle, breaks out or if
Section 217Section 218. (1) Whenever the executive committee considers the interior of a building to be
Section 218Section 219. (1) If the State Government is of opinion that risk of disease has arisen or is
Section 219Section 220. (1) Where the municipality is of opinion that any place used for the disposal of
Section 220Section 221. (1) If it be shown to the satisfaction of the executive committee that any
Section 221Section 222. (1) No person shall use or employ in any factory or any other place any whistle
Section 222Section 223. Whoever in any street or public place within the limits of a municipal borough
Section 223Section 224. (1) No person shall, in any municipal borough which the State Government shall
Section 224Section 225. It shall be the duty of all police officers and of all municipal officers and servants to
Section 225Section 226. (1) The service of every notice and the presentation of every bill under this Act
Section 226Section 227. Whoever disobeys or fails to comply with any lawful direction given by any written
Section 227Section 228. Whoever does or omits to do an act in contravention of any provisions of this Act
Section 228Section 229. (1) Where under the provisions of this Act any work is required to be executed
Section 229Section 230. Where default is made by the owner of any building or land in the execution of any
Section 230Section 231. If the occupier of any building or land prevents the owner thereof from carrying
Section 231Section 232. A person who by reason of his receiving the rent of any land or building as agent or
Section 232Section 233. Power to evict certain persons from municipal premises.
Section 233Section 234. Power to recover rent or damages as arrears of land revenue.
Section 234Section 235. Deduction of rent from salary or wages in certain cases.
Section 235Section 236. Appeal.
Section 236Section 237. Bar of Jurisdiction of Civil Courts.] Repealed by Guj. 12 of 1973; s. 19.
Section 237Section 238. In every municipal borough the provisions of the Cattle-trespass Act, 1871, shall
Section 238Section 239. (1) Notwithstanding anything contained in any law for the time being in
Section 239Section 240. (1) Whoever, within the limits of a m unicipality, allows any cattle which
Section 240Section 241. (1) It shall be the duty of every Police Officer and a Watch and Ward
Section 241Section 242. (1) If within seven days after any cattle have been impounded, no person
Section 242Section 243. (1) The pound-fee chargeable shall be such as the State Government may
Section 243Section 244. (1) Any person whose cattle have been seized under this Act or having been so
Section 244Section 245. (1) In any municipal borough to which the State Government may by notification
Section 245Section 246. (1) Subject to the provisions of sub -section (3) the chief officer may, and where
Section 246Section 247. No distress levied or attachment made by virtue of this Act shall be deemed
Section 247Section 248. If through any act, neglect or default, on account whereof any person shall have
Section 248Section 249. In lieu of any process of recovery allowed by or under this Act or in case of failure
Section 249Section 250. (1) A municipality may sue in any Court of competent jurisdiction any person
Section 250Section 251. For the purpose of the recovery of any amount due on account of rent from any
Section 251Section 252. No suit shall lie in respect of anything in good faith done or intended to be done
Section 252Section 253. (1) No suit shall lie against a municipality or against any officer or servant of
Section 253Section 254. When any person who is or had been a president or vice-president or councillor of a
Section 254Section 255. (1) Any Police-officer may arrest any person committing in his view any offence
Section 255Section 256. (1) For the purpose of enabling the municipalities to discharge their
Section 256Section 257. (1) The 70[Director], Collector or any officer of Government authorized by the
Section 257Section 258. (1) If, in the opinion of the Collector, the execution of any order or resolution of
Section 258Section 259. (1) In cases of emergency the Collector may provide for the execution of any
Section 259Section 260. If in the opinion of the 73[Director] the number of persons who are employed by a
Section 260Section 261. (1) The State Government may after giving the municipality an opportunity of
Section 261Section 262. (1) When the State Government is informed, on complaint made or otherwise,
Section 262Section 263. (1) If, in the opinion of the State Government, a municipality is not competent to
Section 263Section 263A. [Power of State Government to appoint officer to exercise and perform the duties
Section 263ASection 264. In all matters, connected with this Act, the State Government, and Collectors shall,
Section 264Section 264B. (1) The State Government may, by notification in the Official Gazette, -
Section 264BSection 264C. For the purposes of any section of this Act which may be applied to a notified
Section 264CSection 264D. [Preliminaries to notification.] Deleted by Guj. 17 of 1993, s.23.
Section 264DSection 264E. 87[(1) When any area ceases to be a notified area, the property (including arrears
Section 264ESection 265. In this Chapter, unless the context otherwise requires,-
Section 265Section 266. (1) When-
Section 266Section 266A. For the purposes of this Chapter, unless the context otherwise requires-
Section 266ASection 266B. 99[Where an area comprised in a gram is spec ified as a transitional area or, as the
Section 266BSection 267. It shall be lawful for the president, vice -president, chief officer or any officer
Section 267Section 268. (1) Save as expressly provided in section 26 if an agreement is not arrived at
Section 268Section 269. If a dispute arises with res pect to any costs or expenses which are by this Act
Section 269Section 270. (1) Where, on an application from a municipality, the officer authorised in this
Section 270Section 270A. [ Powers and duties of municipality not validly constituted to be performed by
Section 270ASection 271. municipality shall make rules not inconsistent with this Act and the rules or orders
Section 271Section 272. A municipality may, at its discretion, make rules, not inconsistent with this Act and
Section 272Section 273. [Rules made with approval of Director or without approval .] Deleted by Guj. 15 of
Section 273Section 274. (1) Subject to the requirements of clause (a) of the proviso t o section 271 a
Section 274Section 275. (1) A municipality may from time to time, make, alter or rescind by -laws not
Section 275Section 276. The rules and by e-laws for the time being in force shall be kept open to public
Section 276Section 277. (1) The State Government may, by notification in the Official Gazette, make
Section 277Section 278. (1) If in respect of any area within the limits of a municipal borough the State
Section 278Section 279. (1) The Bombay District Municipal Act, 1901 and that Act as adapted
Section 279Section 1925. Repeal.
Section 1925Section 280. If any difficulty arises in first giving effect to the provisions of this Act, the State
Section 280Section 49A. These words ware substituted for the words “ annual letting value or the capital value or a percentage of capital value.” by
Section 49A
gujarat-municipalities-act-1963.json
•
628 Sections
•
Gujarat
{
"id": 645,
"slug": "gujarat-municipalities-act-1963",
"title": "The Gujarat Municipalities Act, 1963",
"short_title": "The Gujarat Municipalities Act, 1963",
"act_number": "34",
"act_year": 1964,
"act_type": "STATE",
"location": "Gujarat",
"law_status": "valid",
"enactment_date": "1964-12-28",
"description": "The Gujarat Municipalities Act, 1963",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "Section 1. Short title, extent and commencement.",
"chapter": null,
"content": "(1) This Act may be called the Gujarat Municipalities Act, 1963.\r\n(2) It extends to the whole of the State of Gujarat.\r\n(3)It shall come into force on such date as the State Government may, by\r\nnotification in the Official Gazette, appoint.",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "Section 2. Definitions.",
"chapter": null,
"content": "In this Act, unless the context otherwise requires,-\r\n1A[ * * * * * * * * * *]\r\n2\r\n[(1A) \" Assembly \" means the Gujarat Legislative Assembly;]\r\n",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "Section 3. [Deleted.]",
"chapter": null,
"content": "CHAPTER II. \nCONSTITUTION OF MUNICIPALITIES. \n \n(1) [ Deleted]",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "Section 4. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "4A",
"title": "Section 4A. [Deleted.]",
"chapter": null,
"content": "(2) Constitution of Municipalities.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "5",
"title": "Section 5. Incorporation of Nagar Panchayat and Municipal council.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "6",
"title": "Section 6. Municipality to consist of elected councillors.",
"chapter": null,
"content": "(3) Election of Councillors. \n \n7AA. [Deleted.]",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "7",
"title": "Section 7. Determination of number of councillors to be elected and determination of",
"chapter": null,
"content": "wards.",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "8",
"title": "Section 8. Duration of the Municipalities, and the Councillors.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "8A",
"title": "Section 8A. Appointment of an officer to exercise the powers of the Municipality in",
"chapter": null,
"content": "unforeseen circumstances.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "9",
"title": "Section 9. List of Voters for every ward.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "9A",
"title": "Section 9A. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "9B",
"title": "Section 9B. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "9C",
"title": "Section 9C. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "9D",
"title": "Section 9D. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "9E",
"title": "Section 9E. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "9F",
"title": "Section 9F. [Deleted.]",
"chapter": null,
"content": "1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n3 of 158 \nSECTIONS. PAGE NO.",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "9G",
"title": "Section 9G. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "9H",
"title": "Section 9H. [ Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "9I",
"title": "Section 9I. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "9J",
"title": "Section 9J. [ Deleted. ]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "10",
"title": "Section 10. Persons qualified to vote and be elected.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "11",
"title": "Section 11. General disqualifications for becoming a councillor.",
"chapter": null,
"content": "Vacation of seat. Decision of State Government in case of disputes.",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "12",
"title": "Section 12. General disqualifications of voters.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "13",
"title": "Section 13. Right to vote.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "14",
"title": "Section 14. Determination of validity of elections.",
"chapter": null,
"content": "(5) (a) Declaration in case of corrupt practice by candidate. \n (b) Scrutiny of votes and declaration in other cases. \n(6) What is corrupt practice. \n(6) (c) Candidates when deemed to have committed corrupt practice. \n(7) Mere irregularities and informalities not to invalidate election. \n(8) Disqualification of persons committing corrupt practice.",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "15",
"title": "Section 15. Voter disqualified for corrupt practice.",
"chapter": null,
"content": "(4) Election offences.",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "16",
"title": "Section 16. Prohibition of canvassing in or near polling stations.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "17",
"title": "Section 17. Penalty for disorderly conduct in or near polling stations.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "18",
"title": "Section 18. Penalty for misconduct at polling station.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "19",
"title": "Section 19. Maintenance of secrecy of voting.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "20",
"title": "Section 20. Officers, etc., at elections not to act for candidates or to influence voting.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "21",
"title": "Section 21. Breaches of official duty in connection with elections.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "22",
"title": "Section 22. Removal of ballot papers from polling station to be an offence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "23",
"title": "Section 23. Other offences and penalties therefor.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "24",
"title": "Section 24. Prosecution regarding certain offences.",
"chapter": null,
"content": "(5) Requisition of premises for purposes of holding elections.",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "25",
"title": "Section 25. Requisitioning of premises, vehicles, etc., for municipal elections.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "26",
"title": "Section 26. Payment of compensation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "27",
"title": "Section 27. Power to obtain information.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "28",
"title": "Section 28. Eviction from requisitioned premises.",
"chapter": null,
"content": "[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nSECTIONS. PAGE NO.",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "29",
"title": "Section 29. Release of premises from requisition.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "30",
"title": "Section 30. Penalty for contravention of any order regarding requisitioning.",
"chapter": null,
"content": "CHAPTER III. \nPRESIDENT, VICE-PRESIDENT, COUNCILLORS AND OFFICERS AND \nSERVANTS OF THE MUNICIPALITY. \n \n(1) Provisions relating to Presidents, Vice-Presidents and Councillors of \nmunicipalities.",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "31",
"title": "Section 31. President and Vice-President.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "32",
"title": "Section 32. Election of President and Vice-President.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "33",
"title": "Section 33. Term of office of President and Vice-President.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "34",
"title": "Section 34. Duty of retiring President etc., to hand over charge of office.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "35",
"title": "Section 35. Resignation of President, Vice-President or Councillor.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "36",
"title": "Section 36. Motion of no confidence.",
"chapter": null,
"content": "37 Removal from office.",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "37A",
"title": "Section 37A. Resignation not to affect subsequent disqualification of a councillor.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "38",
"title": "Section 38. Disabilities from continuing as a councillor.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "39",
"title": "Section 39. Leave of absence.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "40",
"title": "Section 40. Suspension of President or Vice-President.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "41",
"title": "Section 41. Eligibility of certain members for re-election.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "42",
"title": "Section 42. Filling of vacancies.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "43",
"title": "Section 43. Vacancy in Municipality, etc., not to invalidate its proceedings.",
"chapter": null,
"content": "(2) Municipal Government, \nfunctions of President or Vice-Presidents.",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "44",
"title": "Section 44. (1) Municipal. Government vests in the municipality.",
"chapter": null,
"content": "(2) Executive power vests in the Chief Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "45",
"title": "Section 45. Functions of President.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "46",
"title": "Section 46. Functions of Vice-President.",
"chapter": null,
"content": "(3) Officers and servants of the municipalities.",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "47",
"title": "Section 47. Appointment of chief Officers and other Officers.",
"chapter": null,
"content": "47A Constitution of Municipal services.",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "48",
"title": "Section 48. Imposition of Penalties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "49",
"title": "Section 49. Powers and duties of Chief Officer.",
"chapter": null,
"content": "1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n5 of 158 \nSECTIONS. PAGE NO.",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "50",
"title": "Section 50. Appointment of other officers and servants of Municipalities.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "50A",
"title": "Section 50A. Provident Fund to be deposited in Government Treasury.",
"chapter": null,
"content": "CHAPTER IV. \nCONDUCT OF BUSINESS. \n \n(1) Municipal Meetings.",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "51",
"title": "Section 51. Provisions in regard to meetings of municipality and procedure.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "52",
"title": "Section 52. The chief officer to be present at every meeting of the municipality but not to",
"chapter": null,
"content": "vote upon or make any proposition. \n \n(2) Committees.",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "53",
"title": "Section 53. (1) Executive Committee.",
"chapter": null,
"content": "(2) Powers of Executive Committee.",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "54",
"title": "Section 54. Pilgrim Committee.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "55",
"title": "Section 55. Other Committees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "56",
"title": "Section 56. Consultative Committees.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "57",
"title": "Section 57. When person other than Councillors may serve on Committees.",
"chapter": null,
"content": "Duties, etc., of such persons.",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "58",
"title": "Section 58. Casual Vacancies, re-eligibility.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "59",
"title": "Section 59. (1) Ex-officio and appointed Chairman.",
"chapter": null,
"content": "(3) Non-attendance of Chairman.",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "60",
"title": "Section 60. (1) Procedure at meetings.",
"chapter": null,
"content": "(2) Meeting and adjournment of committees. \n(3) Quorum.",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "61",
"title": "Section 61. (1) Procedure by circular.",
"chapter": null,
"content": "(2) Propositions when to be sent to Government of Panchayat officers for \nremarks. \n(3)Decisions how to be taken on propositions circulated. \n(4) And how to be recorded.",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "62",
"title": "Section 62. Subordination of committees to municipality.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "63",
"title": "Section 63. Powers, duties and functions may be delegated to officers whose expenses may",
"chapter": null,
"content": "be paid. \n \n(3) Joint transactions with other bodies.",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "64",
"title": "Section 64. Joint committees of local bodies.",
"chapter": null,
"content": "(4) Contracts.",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "65",
"title": "Section 65. (1) Powers of Municipality to sell, lease and contract.",
"chapter": null,
"content": "(3) Sanction by resolution at general -meeting requisite to validity of certain \ncontracts. \n(4) Execution of contracts on behalf of municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "66",
"title": "Section 66. Mode of executing contracts.",
"chapter": null,
"content": "[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n \n \nSECTIONS. PAGE NO.",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "67",
"title": "Section 67. Tenders to be invited for contracts involving expenditure exceeding Rs. 5,000.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 79
},
{
"number": "68",
"title": "Section 68. Security when to be taken for performance of contract.",
"chapter": null,
"content": "(5) Compulsory acquisition of land.",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "69",
"title": "Section 69. Recourse to the Land Acquisition Act, 1894.",
"chapter": null,
"content": "(6) Liabilities of councillors officers and servants.",
"footnote": "",
"is_definition": false,
"sort_order": 81
},
{
"number": "70",
"title": "Section 70. Liability of councillors for misapplication.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 82
},
{
"number": "71",
"title": "Section 71. Officer or servant of municipality not to be interested in contract with such",
"chapter": null,
"content": "municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 83
},
{
"number": "72",
"title": "Section 72. Penalty for councillor, officer or se rvant of a municipality being interested in",
"chapter": null,
"content": "contract, etc., with that municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 84
},
{
"number": "73",
"title": "Section 73. Councillors etc. to be deemed public servants.",
"chapter": null,
"content": "(7) Validity of proceedings.",
"footnote": "",
"is_definition": false,
"sort_order": 85
},
{
"number": "74",
"title": "Section 74. (1) Acts, and proceedings of municipality and committee not vitiated by",
"chapter": null,
"content": "disqualifications, etc., of members thereof. \n(2) Proceedings presumed to be good and valid. \n \n(8) Municipal Accounts.",
"footnote": "",
"is_definition": false,
"sort_order": 86
},
{
"number": "75",
"title": "Section 75. Accounts to be kept.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 87
},
{
"number": "76",
"title": "Section 76. Presentation of Accounts, budget estimates.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 88
},
{
"number": "77",
"title": "Section 77. Audit of Accounts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 89
},
{
"number": "78",
"title": "Section 78. Transmission of accounts to State Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "79",
"title": "Section 79. Publication of accounts.",
"chapter": null,
"content": "CHAPTER V. \nMUNICIPAL PROPERTY AND FUND.",
"footnote": "",
"is_definition": false,
"sort_order": 91
},
{
"number": "80",
"title": "Section 80. Power to acquire and hold property for the purposes of the Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 92
},
{
"number": "81",
"title": "Section 81. Decision of claims to property by or against the municipality.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 93
},
{
"number": "82",
"title": "Section 82. Municipal Fund.",
"chapter": null,
"content": "Special trusts.",
"footnote": "",
"is_definition": false,
"sort_order": 94
},
{
"number": "83",
"title": "Section 83. Application of municipal property and funds within and without the municipal",
"chapter": null,
"content": "borough.",
"footnote": "",
"is_definition": false,
"sort_order": 95
},
{
"number": "84",
"title": "Section 84. Power of municipality to extend service to persons or properties outside its limits",
"chapter": null,
"content": "when authorised by Government.",
"footnote": "",
"is_definition": false,
"sort_order": 96
},
{
"number": "85",
"title": "Section 85. Extension by Municipality of its services etc., to area outside its limits.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 97
},
{
"number": "86",
"title": "Section 86. Deposit of funds and investment of surplus funds.",
"chapter": null,
"content": "1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n7 of 158 \n \nCHAPTER VI. \nFUNCTIONS OF MUNICIPALITIES. \n \nSECTIONS. PAGE NO.",
"footnote": "",
"is_definition": false,
"sort_order": 98
},
{
"number": "87",
"title": "Section 87. Duties of municipalities.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 99
},
{
"number": "88",
"title": "Section 88. Provision for anti-rabic treatment of indigent persons.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "89",
"title": "Section 89. Provision for lunatics and lepers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 101
},
{
"number": "90",
"title": "Section 90. Analysis and inspection of water supplied through pipes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 102
},
{
"number": "91",
"title": "Section 91. Discretionary functions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 103
},
{
"number": "92",
"title": "Section 92. Arrangements purporting to be binding permanently or for a term of years.",
"chapter": null,
"content": "CHAPTER VII. \nPROVISIONS AS TO TRANSFER OF CERTAIN FUNCTIONS. \n \n(A) Transfer of functions relating to recovery of land revenue and cesses under the \nLand Revenue Code and the law relating to collection of cesses.",
"footnote": "",
"is_definition": false,
"sort_order": 104
},
{
"number": "93",
"title": "Section 93. Recovery of land revenue by municipalities.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 105
},
{
"number": "94",
"title": "Section 94. Responsibility of the municipalities.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 106
},
{
"number": "95",
"title": "Section 95. Conferment of powers and duties for collection of land revenue on",
"chapter": null,
"content": "municipalities.",
"footnote": "",
"is_definition": false,
"sort_order": 107
},
{
"number": "96",
"title": "Section 96. Right of State Government to collect land revenue unaffected.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 108
},
{
"number": "97",
"title": "Section 97. Collector to appoint officer on suspension of powers of municipality.",
"chapter": null,
"content": "(B) Transfer of functions of State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 109
},
{
"number": "98",
"title": "Section 98. Transfer of functions of State Government to municipalities.",
"chapter": null,
"content": "CHAPTER VII A. \nTAXATION BY THE STATE GOVERNMENT.",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "98A",
"title": "Section 98A. Levy of fifty paise cess on every rupee of land revenue.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 111
},
{
"number": "98B",
"title": "Section 98B. Levy of cess on water rate.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 112
},
{
"number": "98C",
"title": "Section 98C. Manner of levying cess described in section 98A.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 113
},
{
"number": "98D",
"title": "Section 98D. Manner of levying cess described in section 98B.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 114
},
{
"number": "98E",
"title": "Section 98E. Collection and credit of local cess on land revenue and water rates.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 115
},
{
"number": "98F",
"title": "Section 98F. Suspension and remission of local cess.",
"chapter": null,
"content": "[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nCHAPTER VIII. \nMUNICIPAL TAXATION. \n \n(1) Imposition of taxes. \n \nSECTIONS. PAGE NO.",
"footnote": "",
"is_definition": false,
"sort_order": 116
},
{
"number": "99",
"title": "Section 99. Taxes which may be imposed.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 117
},
{
"number": "99A",
"title": "Section 99A. Tax on buildings and lands.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 118
},
{
"number": "100",
"title": "Section 100. Payment to be made to the municipality in lieu of a tax on buildings by the",
"chapter": null,
"content": "Government or district panchayat or taluka panchayat concerned.",
"footnote": "",
"is_definition": false,
"sort_order": 119
},
{
"number": "101",
"title": "Section 101. Procedure preliminary to imposing tax.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "102",
"title": "Section 102. Power to sanction, modify and impose conditions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 121
},
{
"number": "103",
"title": "Section 103. Publication of sanctioned rules with notice.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 122
},
{
"number": "104",
"title": "Section 104. Municipalities empowered by the State Government to levy tax or vary amount",
"chapter": null,
"content": "or rate of tax. \n \n(2) Assessment of and liability to taxes on buildings or lands.",
"footnote": "",
"is_definition": false,
"sort_order": 123
},
{
"number": "105",
"title": "Section 105. (1) Preparation of an assessment list.",
"chapter": null,
"content": "(3) Power to inspect and require returns.",
"footnote": "",
"is_definition": false,
"sort_order": 124
},
{
"number": "106",
"title": "Section 106. (1) Person primarily liable of a tax on buildings or lands or both how to be",
"chapter": null,
"content": "designated if his name cannot be ascertained. \n(2) Occupier liable for tax on buildings or lands or both until he gives \ninformation.",
"footnote": "",
"is_definition": false,
"sort_order": 125
},
{
"number": "107",
"title": "Section 107. Publication of notice of assessment list.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 126
},
{
"number": "108",
"title": "Section 108. (1) Public notice of time fixed for lodging objections.",
"chapter": null,
"content": "(2) Objections how to be made. \n(3) Hearing of objections. \n(4) Authentication of list. \n(5) Custody and inspection of list. \n(6) Authenticated list how far conclusive.",
"footnote": "",
"is_definition": false,
"sort_order": 127
},
{
"number": "109",
"title": "Section 109. (1) Amendment of assessment list. Notice of new buildings.",
"chapter": null,
"content": "(2) Objection how dealt with. \n(3) Effect of amendment.",
"footnote": "",
"is_definition": false,
"sort_order": 128
},
{
"number": "110",
"title": "Section 110. Notice to be given to the executive committee of de molition or removal of",
"chapter": null,
"content": "building.",
"footnote": "",
"is_definition": false,
"sort_order": 129
},
{
"number": "111",
"title": "Section 111. New assessment list need not be prepared every year.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "112",
"title": "Section 112. Power of State Government to appoint person to authenticate list in case of",
"chapter": null,
"content": "default by municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 131
},
{
"number": "113",
"title": "Section 113. Tax from whom primarily leviable.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 132
},
{
"number": "114",
"title": "Section 114. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 133
},
{
"number": "115",
"title": "Section 115. Notice to be given to the chief officer of all transfers of title of person primarily",
"chapter": null,
"content": "liable to payment of tax on buildings or lands. \n \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n9 of 158 \nSECTIONS. PAGE NO.",
"footnote": "",
"is_definition": false,
"sort_order": 134
},
{
"number": "116",
"title": "Section 116. Form of notice.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 135
},
{
"number": "117",
"title": "Section 117. Liability for payment of tax on building or land or both to continue in absence of",
"chapter": null,
"content": "any notice of transfer. \n(3) Power to charge fees.",
"footnote": "",
"is_definition": false,
"sort_order": 136
},
{
"number": "118",
"title": "Section 118. (1) Fees may be charged for certain licences",
"chapter": null,
"content": "(2) Levy of fees for unauthorized occupation or projection. \n(3) Market and their fees. \n(4) Special provisions relating to certain taxes.",
"footnote": "",
"is_definition": false,
"sort_order": 137
},
{
"number": "119",
"title": "Section 119. (1) Fixed charges and agreements for payment in lieu of taxes for water supplied.",
"chapter": null,
"content": "(2) Power to fix a special rate in lieu of special sanitary cess. \n(3) Power to compound tax on vehicles or animals. \n(4) Recovery of sums claimed under this section.",
"footnote": "",
"is_definition": false,
"sort_order": 138
},
{
"number": "120",
"title": "Section 120. Taxes on pilgrims may be assigned in part to panchayats.",
"chapter": null,
"content": "(5) Tolls.",
"footnote": "",
"is_definition": false,
"sort_order": 139
},
{
"number": "121",
"title": "Section 121. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 140
},
{
"number": "122",
"title": "Section 122. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 141
},
{
"number": "123",
"title": "Section 123. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 142
},
{
"number": "124",
"title": "Section 124. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 143
},
{
"number": "125",
"title": "Section 125. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 144
},
{
"number": "126",
"title": "Section 126. Tables of tolls to be shown on demand.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 145
},
{
"number": "127",
"title": "Section 127. (1) Power to seize vehicle or animal on non-payment of toll.",
"chapter": null,
"content": "(2)Power to sell property seized at once. \n(3) Release of property on payment. \n(4) Sale. \n(5) Surplus how dealt with.",
"footnote": "",
"is_definition": false,
"sort_order": 146
},
{
"number": "128",
"title": "Section 128. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 147
},
{
"number": "129",
"title": "Section 129. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 148
},
{
"number": "129A",
"title": "Section 129A. [Deleted.]",
"chapter": null,
"content": "(6) Powers of State Government in respect of municipal taxes.",
"footnote": "",
"is_definition": false,
"sort_order": 149
},
{
"number": "130",
"title": "Section 130. Power of State Government to suspend levy of objectionable taxes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 150
},
{
"number": "131",
"title": "Section 131. Power of State Government to require municipalities to impose taxes.",
"chapter": null,
"content": "CHAPTER IX. \nRECOVERY OF MUNICIPAL CLAIMS.",
"footnote": "",
"is_definition": false,
"sort_order": 151
},
{
"number": "132",
"title": "Section 132. (1) Presentation of bill for taxes.",
"chapter": null,
"content": "(2) Contents of bill.",
"footnote": "",
"is_definition": false,
"sort_order": 152
},
{
"number": "133",
"title": "Section 133. (1) Coercive measures for recovery of municipal claims.",
"chapter": null,
"content": "(3) To whom warrant should be addressed. \n(4) Power of entry under special order. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nSECTIONS. \n PAGE NO. \n (5) Warrant how to be executed.",
"footnote": "",
"is_definition": false,
"sort_order": 153
},
{
"number": "134",
"title": "Section 134. (1) Sale of goods distrained in special cases.",
"chapter": null,
"content": "(2) Sale of property distrained or attached ; application of proceeds of sale. \n(5) Surplus, if any, how dealt with.",
"footnote": "",
"is_definition": false,
"sort_order": 154
},
{
"number": "135",
"title": "Section 135. Sale outside municipal borough.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 155
},
{
"number": "136",
"title": "Section 136. Fees and costs chargeable.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 156
},
{
"number": "137",
"title": "Section 137. Summary proceedings may be taken against persons, about to leave the borough.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 157
},
{
"number": "138",
"title": "Section 138. Appeals to Magistrates.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 158
},
{
"number": "139",
"title": "Section 139. Entries in the assessment list and taxes and decisions to be final.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 159
},
{
"number": "140",
"title": "Section 140. Liability of land, buildings, etc., for taxes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 160
},
{
"number": "141",
"title": "Section 141. Receipts to be given for all payments.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 161
},
{
"number": "142",
"title": "Section 142. Certain amounts to be recovered as arrears of land revenue.",
"chapter": null,
"content": "CHAPTER IXA.",
"footnote": "",
"is_definition": false,
"sort_order": 162
},
{
"number": "142A",
"title": "Section 142A. Finance Commission.",
"chapter": null,
"content": "CHAPTER X. \nFINANCIAL ASSISTANCE TO MUNICIPALITIES.",
"footnote": "",
"is_definition": false,
"sort_order": 163
},
{
"number": "143",
"title": "Section 143. Rebate in respect of cost of collection of land revenue, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 164
},
{
"number": "144",
"title": "Section 144. Power of Government to make grants.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 165
},
{
"number": "145",
"title": "Section 145. Condition of grant.",
"chapter": null,
"content": "CHAPTER XI. \nMUNICIPAL POWERS AND OFFENCES. \n \n(1) Powers in respect of streets.",
"footnote": "",
"is_definition": false,
"sort_order": 166
},
{
"number": "146",
"title": "Section 146. (1) Powers regarding public streets.",
"chapter": null,
"content": "(2) Acquisition of adjacent land to form street.",
"footnote": "",
"is_definition": false,
"sort_order": 167
},
{
"number": "147",
"title": "Section 147. (1) Power to require repair etc., of private streets.",
"chapter": null,
"content": "(2) And to declare such street public. \n(3) Apportionment of expenses in default.",
"footnote": "",
"is_definition": false,
"sort_order": 168
},
{
"number": "148",
"title": "Section 148. Power to declare any street a public street subject to objections by the owners.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 169
},
{
"number": "149",
"title": "Section 149. (1) New private streets.",
"chapter": null,
"content": "(2) Power of municipality to pass interim orders. \n(3) Right to proceed in certain cases. \n(4) Penalty.",
"footnote": "",
"is_definition": false,
"sort_order": 170
},
{
"number": "150",
"title": "Section 150. Regular line of a public street.",
"chapter": null,
"content": "1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n11 of 158 \nSECTIONS. PAGE NO. \n \n(2) Power to regulate buildings, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 171
},
{
"number": "151",
"title": "Section 151. (1) Setting back projecting buildings.",
"chapter": null,
"content": "(2) Acquisition of land which is within the regular line of a street and open or \noccupied only by platform etc. \n(3) Compensation payable by the municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 172
},
{
"number": "152",
"title": "Section 152. Setting forward to regular line of street.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 173
},
{
"number": "153",
"title": "Section 153. (1) Roofs and external wall of buildings not to be made of inflammable",
"chapter": null,
"content": "materials. \n(2) Powers of require removal of roof and wall if inflammable. \n(4) Penalty.",
"footnote": "",
"is_definition": false,
"sort_order": 174
},
{
"number": "154",
"title": "Section 154. Level of buildings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 175
},
{
"number": "155",
"title": "Section 155. (1) Notice of new buildings.",
"chapter": null,
"content": "(2) Power to chief officer to pass order. \n(4) Power to suspend the work or require further particulars. \n(5) Right to proceed in certain cases. \n(6) Commencement of work.",
"footnote": "",
"is_definition": false,
"sort_order": 176
},
{
"number": "156",
"title": "Section 156. Power of Municipality to refuse permission.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 177
},
{
"number": "157",
"title": "Section 157. Completion certificates permission to occupy or use.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 178
},
{
"number": "158",
"title": "Section 158. Regulation of huts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 179
},
{
"number": "159",
"title": "Section 159. Improvement of huts.",
"chapter": null,
"content": "(3) Powers connected with drainage, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 180
},
{
"number": "160",
"title": "Section 160. Municipal control over drains etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 181
},
{
"number": "161",
"title": "Section 161. Powers for making and repairing drains.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 182
},
{
"number": "162",
"title": "Section 162. Power to require sufficient drainage of houses.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 183
},
{
"number": "163",
"title": "Section 163. New buildings not to be erected without drains.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 184
},
{
"number": "164",
"title": "Section 164. Powers of owners and occupiers of buildings or lands to drain into municipal",
"chapter": null,
"content": "drains.",
"footnote": "",
"is_definition": false,
"sort_order": 185
},
{
"number": "165",
"title": "Section 165. Right to carry drain through land or into drain belonging to other persons.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 186
},
{
"number": "166",
"title": "Section 166. Right of owner of land through which drain is carried in regard to subsequent",
"chapter": null,
"content": "building thereon.",
"footnote": "",
"is_definition": false,
"sort_order": 187
},
{
"number": "167",
"title": "Section 167. Provisions of privies, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 188
},
{
"number": "167A",
"title": "Section 167A. Power of Chief Officer to require owner to provide water closet or privy",
"chapter": null,
"content": "accommodation.",
"footnote": "",
"is_definition": false,
"sort_order": 189
},
{
"number": "168",
"title": "Section 168. Power to require owners to keep drains, etc., in proper order or to demolish or",
"chapter": null,
"content": "close a privy or cesspool.",
"footnote": "",
"is_definition": false,
"sort_order": 190
},
{
"number": "169",
"title": "Section 169. Power to close existing private drains.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 191
},
{
"number": "170",
"title": "Section 170. Power in respect of sewer s, etc., unauthorizedly constructed, rebuilt or",
"chapter": null,
"content": "[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nSECTIONS. PAGE NO. \n \nunstopped.",
"footnote": "",
"is_definition": false,
"sort_order": 192
},
{
"number": "171",
"title": "Section 171. Encroachments on municipal drains.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 193
},
{
"number": "172",
"title": "Section 172. (1) Inspection of drains etc.",
"chapter": null,
"content": "(2) Expense of inspection when to be borne by the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 194
},
{
"number": "173",
"title": "Section 173. Executive committee m ay execute certain works under this sub -chapter without",
"chapter": null,
"content": "allowing option to person concerned of executing the same. Expenses in such \ncases by whom to be paid.",
"footnote": "",
"is_definition": false,
"sort_order": 195
},
{
"number": "174",
"title": "Section 174. Pipes etc., constructed by municipality to be municipal property.",
"chapter": null,
"content": "(4) Powers in respect of water supply.",
"footnote": "",
"is_definition": false,
"sort_order": 196
},
{
"number": "175",
"title": "Section 175. Power of carrying water mains.",
"chapter": null,
"content": "(5) Powers regarding external structures, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 197
},
{
"number": "176",
"title": "Section 176. (1) Permission necessary for certain projections.",
"chapter": null,
"content": "(4) Removal of projection.",
"footnote": "",
"is_definition": false,
"sort_order": 198
},
{
"number": "177",
"title": "Section 177. Troughs and pipes for rain water.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 199
},
{
"number": "178",
"title": "Section 178. Fixing of lamps, brackets, etc., to houses.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 200
},
{
"number": "179",
"title": "Section 179. Naming streets and numbering of premises; penalty for defacing etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 201
},
{
"number": "180",
"title": "Section 180. Penalty for defacing building, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 202
},
{
"number": "181",
"title": "Section 181. Removal and trimming of hedges, trees, etc.",
"chapter": null,
"content": "(6) Powers for promotion of public health, safety and convenience.",
"footnote": "",
"is_definition": false,
"sort_order": 203
},
{
"number": "182",
"title": "Section 182. (1) Ruinous or dangerous buildings; precautionary measures.",
"chapter": null,
"content": "(2) Repairs to be made by owner or occupier; default by such.",
"footnote": "",
"is_definition": false,
"sort_order": 204
},
{
"number": "183",
"title": "Section 183. (1) Powers and duties with regard to dangerous, stagnant or insanitary sources of",
"chapter": null,
"content": "water supply. \n(2) Remedy on non-compliance with directions issued.",
"footnote": "",
"is_definition": false,
"sort_order": 205
},
{
"number": "184",
"title": "Section 184. Displacing pavements, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 206
},
{
"number": "185",
"title": "Section 185. Obstructions and encroachments upon public streets and open spaces.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 207
},
{
"number": "186",
"title": "Section 186. Hoards to be set up during repairs, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 208
},
{
"number": "187",
"title": "Section 187. Fencing and lighting during repairs, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 209
},
{
"number": "188",
"title": "Section 188. Timber not to be deposited or hole made in street without permission.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 210
},
{
"number": "189",
"title": "Section 189. Dangerous quarrying.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 211
},
{
"number": "190",
"title": "Section 190. Provision as to dogs.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 212
},
{
"number": "191",
"title": "Section 191. Provision as to keeping of pigs.",
"chapter": null,
"content": "1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n13 of 158 \nSECTIONS. PAGE NO \n(7) Powers for the prevention of nuisances.",
"footnote": "",
"is_definition": false,
"sort_order": 213
},
{
"number": "192",
"title": "Section 192. Depositing dust, etc., committing nuisance.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 214
},
{
"number": "193",
"title": "Section 193. Discharging sewage, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 215
},
{
"number": "194",
"title": "Section 194. Non removal of filth, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 216
},
{
"number": "195",
"title": "Section 195. Removal of night-soil.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 217
},
{
"number": "196",
"title": "Section 196. (1) Filthy buildings, etc.",
"chapter": null,
"content": "(2) Deserted and offensive buildings.",
"footnote": "",
"is_definition": false,
"sort_order": 218
},
{
"number": "197",
"title": "Section 197. Buildings or rooms in buildings unfit for human habitation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 219
},
{
"number": "198",
"title": "Section 198. Power to enter and inspect, etc., buildings.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 220
},
{
"number": "199",
"title": "Section 199. Bathing places.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 221
},
{
"number": "200",
"title": "Section 200. (1) Regulation of washing of clothes by washermen.",
"chapter": null,
"content": "(2) Washing place to be provided by the executive committee for washermen.",
"footnote": "",
"is_definition": false,
"sort_order": 222
},
{
"number": "201",
"title": "Section 201. Fouling water.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 223
},
{
"number": "202",
"title": "Section 202. Abatement of nuisance from wells, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 224
},
{
"number": "203",
"title": "Section 203. Using offensive manure, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 225
},
{
"number": "204",
"title": "Section 204. Tethering cattle, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 226
},
{
"number": "205",
"title": "Section 205. Feeding animals on filth.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 227
},
{
"number": "206",
"title": "Section 206. Consumption of smoke.",
"chapter": null,
"content": "(8) Regulation of market, Sale of foods, etc.,",
"footnote": "",
"is_definition": false,
"sort_order": 228
},
{
"number": "207",
"title": "Section 207. Licensing markets and slaughter-houses.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 229
},
{
"number": "208",
"title": "Section 208. Opening, closing and letting of markets and slaughter-house.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 230
},
{
"number": "209",
"title": "Section 209. Power to remove persons from municipal markets.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 231
},
{
"number": "210",
"title": "Section 210. Slaughter houses, etc., beyond municipal limits.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 232
},
{
"number": "211",
"title": "Section 211. (1) Search for and inspection of unwholesome articles.",
"chapter": null,
"content": "(2) Application for summons to be refused if not applie d for within reasonable \ntime.",
"footnote": "",
"is_definition": false,
"sort_order": 233
},
{
"number": "212",
"title": "Section 212. Powers of inspection of weights and measures, etc.",
"chapter": null,
"content": "(9) Regulations of dairies and cattle sheds.",
"footnote": "",
"is_definition": false,
"sort_order": 234
},
{
"number": "213",
"title": "Section 213. Licensing of dairies.",
"chapter": null,
"content": "(10) Prevention of dangerous diseases.",
"footnote": "",
"is_definition": false,
"sort_order": 235
},
{
"number": "214",
"title": "Section 214. Powers to prevent disease which may at any time be conferred.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 236
},
{
"number": "215",
"title": "Section 215. Duties of municipality on threatened or actual outbreak of dangerous disease.",
"chapter": null,
"content": "[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nSECTIONS. PAGE NO.",
"footnote": "",
"is_definition": false,
"sort_order": 237
},
{
"number": "216",
"title": "Section 216. Withdrawal and modification of powers and orders.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 238
},
{
"number": "217",
"title": "Section 217. Duties of municipality in respect of diseases among cattle.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 239
},
{
"number": "218",
"title": "Section 218. Proceedings to abate the overcrowding of the interiors of building.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 240
},
{
"number": "219",
"title": "Section 219. Special powers which may be conferred by the State Government in respect of",
"chapter": null,
"content": "overcrowded area.",
"footnote": "",
"is_definition": false,
"sort_order": 241
},
{
"number": "220",
"title": "Section 220. Closing of places for disposal of the dead.",
"chapter": null,
"content": "(11) Nuisances from certain trades and occupations.",
"footnote": "",
"is_definition": false,
"sort_order": 242
},
{
"number": "221",
"title": "Section 221. Regulation of certain trades.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 243
},
{
"number": "222",
"title": "Section 222. Prohibition of use of steam whistles, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 244
},
{
"number": "223",
"title": "Section 223. Loitering or importuning for purpose of prostitution.",
"chapter": null,
"content": "(12) Regulation of pilgrims lodging houses.",
"footnote": "",
"is_definition": false,
"sort_order": 245
},
{
"number": "224",
"title": "Section 224. Pilgrims lodging houses.",
"chapter": null,
"content": "(13) Powers in case of fire.",
"footnote": "",
"is_definition": false,
"sort_order": 246
},
{
"number": "225",
"title": "Section 225. Police and municipal officers to aid fire-brigade.",
"chapter": null,
"content": "(14) Service of notices, summons, etc., penalties on non-compliance \ntherewith and execution of works on default.",
"footnote": "",
"is_definition": false,
"sort_order": 247
},
{
"number": "226",
"title": "Section 226. (1) Service of notices, etc. addressed to individuals.",
"chapter": null,
"content": "(2) Service of notices on owners or occupiers of buildings and lands. \n(3) Public and general notices how to be published. \n(4) Defective form not to invalidate notice. \n(5) Execution of acts required to be done by any notice.",
"footnote": "",
"is_definition": false,
"sort_order": 248
},
{
"number": "227",
"title": "Section 227. Punishment for disobedience of order and not ice not punishable under any other",
"chapter": null,
"content": "section.",
"footnote": "",
"is_definition": false,
"sort_order": 249
},
{
"number": "228",
"title": "Section 228. General penalty.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 250
},
{
"number": "229",
"title": "Section 229. (1) Municipality in default of owner or occupier may execute works and recover",
"chapter": null,
"content": "expenses. \n(a) Agreement for construction of drainage and water connections. \n(b) Improvement expenses. \n(2) Power to levy charges on occupier who may deduct the same from his rent. \n(3) Occupiers not to be liable for more than the amount of rent due.",
"footnote": "",
"is_definition": false,
"sort_order": 251
},
{
"number": "230",
"title": "Section 230. Occupier in default of owner, may execute works and deduct expenses from his",
"chapter": null,
"content": "rent.",
"footnote": "",
"is_definition": false,
"sort_order": 252
},
{
"number": "231",
"title": "Section 231. Proceedings if any occupier opposes the execution of the Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 253
},
{
"number": "232",
"title": "Section 232. Liability of persons receiving rent as owners subject to availability of funds.",
"chapter": null,
"content": "[CHAPTER XII] Repealed. \n \nPOWER TO EVICT PERSONS FROM PREMISES BELONGING TO MUNICIPALITY. \n[REPEALED] \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n15 of 158 \nSECTIONS. PAGE NO.",
"footnote": "",
"is_definition": false,
"sort_order": 254
},
{
"number": "233",
"title": "Section 233. [Repealed]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 255
},
{
"number": "234",
"title": "Section 234. [Repealed]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 256
},
{
"number": "235",
"title": "Section 235. [Repealed]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 257
},
{
"number": "236",
"title": "Section 236. [Repealed]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 258
},
{
"number": "237",
"title": "Section 237. [Repealed]",
"chapter": null,
"content": "CHAPTER XIII. \nCATTLE POUNDS.",
"footnote": "",
"is_definition": false,
"sort_order": 259
},
{
"number": "238",
"title": "Section 238. Cattle tress-pass Act to cease to apply.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 260
},
{
"number": "239",
"title": "Section 239. Power to establish cattle pounds and appoint pound keepers.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 261
},
{
"number": "240",
"title": "Section 240. Penalty for allowing cattle to stray in street or to tres -pass upon private or public",
"chapter": null,
"content": "property.",
"footnote": "",
"is_definition": false,
"sort_order": 262
},
{
"number": "241",
"title": "Section 241. Impounding of cattle.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 263
},
{
"number": "242",
"title": "Section 242. Sale of cattle not claimed.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 264
},
{
"number": "243",
"title": "Section 243. Pound-fees and expenses chargeable to be fixed.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 265
},
{
"number": "244",
"title": "Section 244. Complaints of illegal seizure or detention.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 266
},
{
"number": "245",
"title": "Section 245. Security in respect of impounded cattle.",
"chapter": null,
"content": "CHAPTER XIV. \nPROSECUTIONS, SUITS AND POWERS OF POLICE",
"footnote": "",
"is_definition": false,
"sort_order": 267
},
{
"number": "246",
"title": "Section 246. (1) Municipality may prosecute.",
"chapter": null,
"content": "(2) Jurisdiction of Magistrate; recovery of compensation and expenses.",
"footnote": "",
"is_definition": false,
"sort_order": 268
},
{
"number": "247",
"title": "Section 247. Distress lawful though defective in form.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 269
},
{
"number": "248",
"title": "Section 248. Damage to municipal property how made good.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "249",
"title": "Section 249. Alternative procedure by suit.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 271
},
{
"number": "250",
"title": "Section 250. Power to sue, compromise and pay compensation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 272
},
{
"number": "251",
"title": "Section 251. Assistance for the recovery of rent on land.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 273
},
{
"number": "252",
"title": "Section 252. Bar of suits against municipality, its officers, servants, etc. fo r acts done in good",
"chapter": null,
"content": "faith.",
"footnote": "",
"is_definition": false,
"sort_order": 274
},
{
"number": "253",
"title": "Section 253. Limitation of suit against municipality, its officers and servants for acts done in",
"chapter": null,
"content": "pursuance of execution of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 275
},
{
"number": "254",
"title": "Section 254. Previous sanction for prosecution against President or Vice -President or",
"chapter": null,
"content": "Councillor.",
"footnote": "",
"is_definition": false,
"sort_order": 276
},
{
"number": "255",
"title": "Section 255. Powers of police officers.",
"chapter": null,
"content": "[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nSECTIONS. PAGE NO. \nCHAPTER XV \nPROVISIONS RELATING TO SERVICES.",
"footnote": "",
"is_definition": false,
"sort_order": 277
},
{
"number": "256",
"title": "Section 256. Posting under municipalities of officers and servants in State Service.",
"chapter": null,
"content": "CHAPTER XVI. \nCONTROL.",
"footnote": "",
"is_definition": false,
"sort_order": 278
},
{
"number": "257",
"title": "Section 257. Power of inspection and supervision.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 279
},
{
"number": "258",
"title": "Section 258. Powers of Collector to suspend execution of orders, etc. of municipalities.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 280
},
{
"number": "259",
"title": "Section 259. Extraordinary powers of Collector in case of emergency.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 281
},
{
"number": "260",
"title": "Section 260. Power of Director to prevent extravagance in the employment of establishment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 282
},
{
"number": "261",
"title": "Section 261. Inquiry into municipal matters by State Government.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 283
},
{
"number": "262",
"title": "Section 262. Power of State Government to provide for performance of duties on default by",
"chapter": null,
"content": "municipality,",
"footnote": "",
"is_definition": false,
"sort_order": 284
},
{
"number": "263",
"title": "Section 263. (1) Power of State Government to dissolve or supersede municipality in case of",
"chapter": null,
"content": "incompetency, default, or abuse of power. \n(2) Consequences of dissolution. \n(3) Constitution of municipality after dissolution. \n(4) [Deleted.]",
"footnote": "",
"is_definition": false,
"sort_order": 285
},
{
"number": "263A",
"title": "Section 263A. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 286
},
{
"number": "264",
"title": "Section 264. Powers of State Government over Collectors, etc.",
"chapter": null,
"content": "CHAPTER XVIA \nNOTIFIED AREAS.",
"footnote": "",
"is_definition": false,
"sort_order": 287
},
{
"number": "264A",
"title": "Section 264A. Notified areas.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 288
},
{
"number": "264B",
"title": "Section 264B. Power of State Government to impose ta xation and regulate expenditure of the",
"chapter": null,
"content": "proceeds thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 289
},
{
"number": "264C",
"title": "Section 264C. Application of Act to notified area.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "264D",
"title": "Section 264D. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 291
},
{
"number": "264E",
"title": "Section 264E. Vesting, recovery and application of property, rights and liabilities of persons or",
"chapter": null,
"content": "committees appointed for areas ceasing to be notified area. \n \nCHAPTER XVII. \nSPECIAL PROVISION APPLICABLE WHEN MUNICIPAL BOROUGH LIMITS \nARE ALTERED OR MUNICIPAL BOROUGHS ARE AMALGAMATED WITH \nOTHER LOCAL AUTHORITIES OR SPLIT-UP INTO DIFFERENT LOCAL \nAUTHORITIES.",
"footnote": "",
"is_definition": false,
"sort_order": 292
},
{
"number": "265",
"title": "Section 265. Interpretation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": true,
"sort_order": 293
},
{
"number": "266",
"title": "Section 266. Power of State Government to make suitable provisions by order when a",
"chapter": null,
"content": "municipal borough altered. \n \n \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n17 of 158 \nSECTIONS. PAGE NO. \nCHAPTER XVIIA. \nSPECIAL PROVISIONS FOR CONVERSION OF GRAM PANCHAYATS INTO \nMUNICIPALITIES.",
"footnote": "",
"is_definition": false,
"sort_order": 294
},
{
"number": "266A",
"title": "Section 266A. Interpretation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": true,
"sort_order": 295
},
{
"number": "266B",
"title": "Section 266B. Effect of conversion of gram panchayat into municipality.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 296
},
{
"number": "266C",
"title": "Section 266C. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 297
},
{
"number": "266D",
"title": "Section 266D. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 298
},
{
"number": "266E",
"title": "Section 266E. [Deleted.]",
"chapter": null,
"content": "CHAPTER XVIII. \nMISCELLANEOUS PROVISIONS.",
"footnote": "",
"is_definition": false,
"sort_order": 299
},
{
"number": "267",
"title": "Section 267. Entry for purposes of the Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 300
},
{
"number": "268",
"title": "Section 268. Arbitration in cases of compensation, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 301
},
{
"number": "269",
"title": "Section 269. Costs or expenses how determined and recovered.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 302
},
{
"number": "270",
"title": "Section 270. Power of authorised officer to recover record, money or other property.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 303
},
{
"number": "270A",
"title": "Section 270A. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 304
},
{
"number": "271",
"title": "Section 271. Municipalities to make rules.",
"chapter": null,
"content": "(c) Defining the functions of the President and others. \n(d) Establishment. \n(e) General guidance of municipal servants. \n(f) Amount of security. \n(g) Mode of appointing, etc., municipal servants. \n(h) Leave to municipal servants. \n(i) Pensions, etc. \n(j) Provident funds. \n(l) Prescribing taxes. \n(m) Writing off amounts due. \n(a) Approval required to rules. \n(b) Officers transferred from or to the service of the Government. \n(c) Notice required in certain cases of dismissal. 152",
"footnote": "",
"is_definition": false,
"sort_order": 305
},
{
"number": "272",
"title": "Section 272. Discretionary power to make rules.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 306
},
{
"number": "273",
"title": "Section 273. [Deleted.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 307
},
{
"number": "274",
"title": "Section 274. Power to suspend, reduce or abolish any existing tax.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 308
},
{
"number": "275",
"title": "Section 275. (1) Power to make by-laws.",
"chapter": null,
"content": "(a) Markets and slaughter-houses, etc. \n(b) Licensing, regulating and inspecting certain businesses. \n(c) Use of steam whistles, etc. \n(d) Pilgrims lodging houses. \n(e) Stalling of cattle, etc. \n(f) Milk shops. \n(g) (i) For regulation on dairies and cattle-sheds. \n (ii) Milk stores, etc. \n(h) Registration of births, etc. \n(i) Regulating the disposal of the dead. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nSECTIONS. PAGE NO. \n \n (j) For enforcing supply of information as to epidemics. \n(k) For enforcing supply of information as to liability to municipal taxation. \n(l) [Deleted.] \n(m) For protecting water. \n(n) Supply of water. \n(o) Public baths, etc. \n(p) Conservancy. \n(q) Temporary structures and buildings. \n(r) Buildings. \n(s) Streets. \n(t) Ventilation. \n(u) For requiring lighting stair-cases, etc., at night. \n(v) Qualified surveyors. \n(w) Drains. \n(x) Requiring information and plans in certain cases. \n(y) Controlling unwieldy traffic. \n(z) Public parks. \n(dd) General regulation. \n Fine may be imposed for infringement of bye-laws. \n(3) Publication of drafts of proposed bye-laws. \n(5) Objections and suggestions to be submitted to Central or State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 309
},
{
"number": "276",
"title": "Section 276. Rules and by-laws to be printed and sold.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 310
},
{
"number": "277",
"title": "Section 277. Powers of State Government to make rules.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 311
},
{
"number": "278",
"title": "Section 278. Special provisions for agricultural area.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 312
},
{
"number": "278A",
"title": "Section 278A. Delegation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 313
},
{
"number": "279",
"title": "Section 279. Repeal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 314
},
{
"number": "280",
"title": "Section 280. Removal of difficulties.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 315
},
{
"number": "281",
"title": "Section 281. Transitory provision.",
"chapter": null,
"content": "SCHEDULE I. \n \nSCHEDULE. II. Form of Notice of transfer to be given when the transfer has been \neffected by Instrument. \n \nSCHEDULE III. Form of Notice of transfer to be giv en when 163 the transfer has \ntaken place otherwise than by instrument. \n \nSCHEDULE IV. Form of Notice of Demand. \n \nSCHEDULE V. Form of warrant. \n \nSCHEDULE VI. Form of Inventory and Notice. \n \n \n \n \n \n \n \n \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n19 of 158 \nGUJARAT ACT NO. 34 OF 19641 ? \n \n[THE GUJARAT MUNICIPALITIES ACT, 1963] \n[28th December, 1964] \n \nAmended by Guj. 6 of 1965. \nAmended by Guj. 32 of 1965. \nAmended by Guj. 4 of 1966. \nAmended by Guj. 3 of 1968. \nAmended by Guj. 11 of 1969. \nAmended by Guj. 7 of 1970. \nAmended by Guj. 10 of 1973. \nAmended by Guj. 12 of 1973. \nAmended by Presi. Act No. 11 of 1976. \nAmended by Guj. 16 of 1977. \nAmended by Guj. 5 of 1978.? \nAmended by Guj. 15 of 1978.?? \nAmended by Guj. 29 of 1978. \nAmended by Guj. 2 of 1979.??? \nAmended by Guj. 11 of 1979. \nAmended by Guj. 12 of 1979. \nAmended by Guj. 13 of 1980.?? \nAmended by Guj. 20 of 1980. \nAmended by Guj. 2 of 1982. \nAmended by Guj. 2 of 1983. \nAmended by Guj. 16 of 1983. \nAmended by Guj. 23 of 1986. \nAmended by Guj. 5 of 1990. \nAmended by Guj. 7 of 1990. \nAmended by Guj. 17 of 1993. \nAmended by Guj. 15 of 1994. \nAmended by Guj. 3 of 2000. \nAmended by Guj. 14 of 2001. \nAmended by Guj. 17 of 2005 \nAmended by Guj. 13 of 2007. \nAmended by Guj. 10 of 2008 \nAmended by Guj. 21 of 2011. \n \n \nAn Act to consolidate and amend the law relating to municipalities in \nthe State of Gujarat so as to give them wider powers in the management \nof municipal affairs. \n \nIt is hereby enacted in the Fourteenth Year of the Republic of India as follows :- \n \nCHAPTER I. \nPRELIMINARY.",
"footnote": "",
"is_definition": false,
"sort_order": 316
},
{
"number": "1",
"title": "Section 1. (1) This Act may be called the Gujarat Municipalities Act, 1963.",
"chapter": null,
"content": "(2) It extends to the whole of the State of Gujarat. \n \n(3)It shall come into force on such date as the State Government may, by \nnotification in the Official Gazette, appoint.",
"footnote": "",
"is_definition": false,
"sort_order": 317
},
{
"number": "2",
"title": "Section 2. In this Act, unless the context otherwise requires,-",
"chapter": null,
"content": "1A[ * * * * * * * * * *] \n \n2[(1A) \" Assembly \" means the Gujarat Legislative Assembly;] \n \nShort title, extent and \ncommencement. \nDefinitions. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n(2)\"building\" includes any hut, shed or other enclosure, whether used as a human \ndwelling or for any other purpose, and shall also inc lude walls including com -\npound walls and fencing, verandahs, fixed platforms, plinths, doorsteps and the \nlike; \n \n 2A[(2A) “carpet area” means the floor area of a building excluding the area over \nwhich a wall whether outer or inner is erected;] \n \n(3) \"cattle\" means and includes bulls, bullocks, heifers, cows and their young, \nelephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, \nasses, swine, sheep, ewes, rams, lambs, goats and kids; \n \n3[(3A) \"Central law\" means the Representation of the People Act, 1950;] \n \n3A[(3B) “chawl” means a building consisting of two or more tenements whether \nhaving common sanitary and other facilities or not and declared as such by the \nDirector of Municipalities by notification in the Official Gazette;] \n \n(4)\"Councillor\" means a member of the municipality in a municipal borough; \n \n(5)\"dangerous disease\" means cholera, plague, small -pox and any endemic, \nepidemic or infectious disease by which the life of man is endangered; \n \n4[(6)\"Director\" means the officer appointed for the time being by the State \nGovernment to be Director of Municipalities, Gujarat State;] \n \n(7)\" the earlier municipal law\" means— \n \n(a) the Bombay District Municipal Act, 1901, \n \n(b) the Bombay District Munic ipal Act, 1901 as adapted and applied to \nthe Suaurashtra area of the State, \n \n(c) the Bombay Municipal Boroughs Act, 1925, \n \n(d) the Bombay Municipal Boroughs Act, 1925 as adapted and applied to \nthe Saurashtra area of the State, and \n \n(e) the Bombay Municipal Boroughs Act, 1925 as extended to the Kutch \narea of the State; \n \n5[(7A) \"election\" means and includes the entire election process commencing \nfrom the division of wards and all stages culminating into election of a \ncouncillor and it is always deemed to have meant and included the entire election \nprocess as aforesaid. \n \n(7B) \"Finance Commission\" means the Finance Commission constituted under \narticle 243-1 of the Constitution of India;] \n \n(8) \"Gujarati\" means the Gujarati language, \n \n(9) \"hou se-gully\" means a passage or strip of land constructed, set apart or \nutilized for the purpose of serving as a drain or affording access to a privy, \nurinal, cess -pool or other receptacle for filthy or polluted matter, to municipal \nservants or to persons emp loyed in the cleansing thereof or in the removal of \nsuch matter therefrom; \n \n(10) \" Judge\" means District Judge, Joint Judge, Assistant Judge, Judge of a \nCourt of Small Causes, Civil Judge, or Joint Civil Judges; \n \n(11)\"Land\" includes land which is being buil t upon or is built upon or covered \n43 of 1950. \nBom. III of",
"footnote": "",
"is_definition": false,
"sort_order": 318
},
{
"number": "1901",
"title": "Section 1901. Bom.",
"chapter": null,
"content": "XVIII of",
"footnote": "",
"is_definition": false,
"sort_order": 319
},
{
"number": "1925",
"title": "Section 1925. 1964 : Guj. 34] Gujarat Municipalities Act, 1963",
"chapter": null,
"content": "21 of 158 \nwith water, benefits to arise out of land, things attached to the earth or perma -\nnently fastened to anything attached to the earth and rights created by legislative \nenactment over any street \n \n(12) \"Land Revenue Code\" means- \n \n(a) in the Bombay and Saurashtra areas of the S tate of Gujarat, the \nBombay Land Revenue Code, 1879, and \n \n(b) in the Kutch area of the State of Gujarat, the said Code as applied to \nthat area; \n \n6[(12A) \"list of voters\" means a list of vot ers published under sub -section (2) of \nsection 9 for a ward within the meaning of that expression in sub -section (1) of \nsection 7;] \n6A[(12B) \"mobile tower\" means a temporary or permanent structure, equipment \nor instrument erected or installed on land or upon any part of the building or \npremises for providing telecommunication services;] \n \n7[( 13) \"Municipal Borough\" means a transitional area, or as the case may be, a \nsmaller urban area, as spe cified in clause (2) of article 243Q of the Constitution \nof India and includes other local areas already declared to be a municipal \nborough prior to the commencement of the Gujarat Municipalities (Amendment) \nAct, 1993;] \n \n8[(14)\"Municipality\" means Nagar Pa nchayat constituted under section 5( 1) or \nas the case may be, \"Municipal Council\" constituted under section 5(2)\" ]; \n \n(15) \"nuisance\" includes any act, omission, place or thing which causes or is \nlikely to cause injury, danger, annoyance or offence to the sense of sight, \nsmelling or hearing, or which is or may be dangerous to life or injurious to health \nor property; \n \n9[ * * * * * * * * *] \n \n(17) \"official year\" means the year commencing on the first day of April; \n \n(18) \"owner\" includes the person for th e time being receiving the rent of any \nland or building, whether on his own account or as agent or trustee for any other \nperson or for any society or for any religious or charitable purposes, or who \nwould so receive the rent if such land or building were let to a tenant; \n \n (19) \"panchayat\" means a panchayat of any class constituted under the Gujarat \nPanchayats Act, 1961; \n \n10[(20) \"Population\" in relation to the municipal borough means the population as \nascertained in the last preceding cens us of which the relevent figures have been \npublished; \n \n(20A) \"prescribed\" means prescribed by rules made under section 277;] \n \n(21) \"public securities\" means- \n \n(a) securities of the Central Government and of the State Government, \n \n(b) stocks, debentures or shares in railway or other companies the \ninterest whereon has been guaranteed by the Secretary of State for India \nin Council or the Central or the State Government, \n \nBom. V of 1879. \nGuj. 17 of 1993. \nGuj. VI of",
"footnote": "",
"is_definition": false,
"sort_order": 320
},
{
"number": "1962",
"title": "Section 1962. [1964 : Guj. 34 Gujarat Municipalities Act, 1963",
"chapter": null,
"content": "(c) debentures or other securities for money issued by or on behalf of any \nlocal authority in exercise of powers conferred by a Central Act or an \nAct of the Legislature of a State, or \n \n(d) a security expressly authorised by any order which the State \nGovernment makes in this behalf; \n \n(22) \"public street\" means any street- \n \n(a) over which the public have a right of way; or \n \n(b) heretofore levelled, paved, metalled, channelled, sewered or repaired \nout of municipal or other public funds; or \n \n(c) which under the provisions of section 147 or 148 is declared by the \nmunicipality to be, or under any othe r provisions of this Act becomes, a \npublic street; \n \n(23) \"private street\" means a street which is not a public street; \n \n(24)\"salaried servant of the Government\" does not include a retired servant of \nthe Government in receipt of a pension or a person in receipt of a salary from the \nGovernment who is not a full time servant of the Government; \n \n11[(24A) \"Sta te Election Commission\" means State Election Commis sion \nreferred to in article 243K of the Constitution of India;] \n \n(25) \"street\" means any road, footway, square, court alley or passage, accessible \nwhether permanently or temporarily to the public, whether a thoroughfare or not: \nand includes every vacant space , notwithstanding that it may be private property \nand partly or wholly obst ructed by any gate, post , chain or other barrier, if \nhouses, shops or other buildings abut thereon and if it is used by any persons as a \nmeans of access to or from any public place or thoroughfare, whether such \npersons be occupiers of such buildings or not; but does not include a ny part of \nsuch space which the occupier of any such building has a right at all hours to \nprevent all other persons from using as aforesaid; \n \n(26) \"tax\" means any tax, rate, cess, fee or other impost leviable under this Act, \nand includes a water rate; \n \n(27) \"vehicle\" includes bicycles, tricycles, motor cars, and every wheeled \nconveyance which is used or capable of being used on a public street; \n \n(28) \"water closet\" means a closet which has separate fixed receptacle connected \nto a drainage system and separat e provision for flushing from a supply of clean \nwater either by the operation of mechanism or by automatic action,",
"footnote": "",
"is_definition": false,
"sort_order": 321
},
{
"number": "3",
"title": "Section 3. [Municipality and Municipal Borough how known in Gujarati.] Deleted by Guj. 17 of",
"chapter": null,
"content": "1993, s.3. \n \nCHAPTER II. \nCONSTITUTION OF MUNICIPALITIES. \n \n12 * * * * * \n13 * * * * * *",
"footnote": "",
"is_definition": false,
"sort_order": 322
},
{
"number": "4",
"title": "Section 4. [Declaration of municipal Boroughs and alteration of their limits] Deleted by Guj. 17",
"chapter": null,
"content": "of 1993, s.5.",
"footnote": "",
"is_definition": false,
"sort_order": 323
},
{
"number": "4A",
"title": "Section 4A. [Special provision for declaration of nagar as municipal Borough. ] This section",
"chapter": null,
"content": "which was inserted by Guj. 20 of 1980, s.6 was subsequently deleted by Guj. 17 of 1993, \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n23 of 158 \ns.5. \n \n(2) Constitution of Municipalities. \n \n14[5. (1) In every transitional area there shall be a Nagar Panchayat and every such \nNagar Panchayat shall be a body corporate by th e name of \"the Nagar \nPanchayat\" and shall have perpetual succession and a common seal, and may sue \nand be sued in its corporate name through its chief officer. \n \n(2) In every small urban area there s hall be a Municipal Council and every such \nMunicipal Council shall be a body corporate by the name of \"the Munici pal \nCouncil\" and shall have perpetual succession and a common seal, and may sue \nand be sued in its corporate name through its chief officer.] \n \n15[6. (1) Every municipality shall consist of elected councillors. \n \n(2) The number of such councillors shall he- \n \n(a) 21, in the case of a nagar panchayat, \n \n(b) 27, if the population of the municipal borough exceeds 25,000 but \ndoes not exceed 50,000, \n \n(c) 36, if the population of the municipal borough exceeds 50,000 but \ndoes not exceed 1,00,000, \n \n(d) 42, if the population of the municipal borough exceeds 1,00,000 but \ndoes not exceed 2,00,000, and \n \n(e) 51, if the population of the municipal borough exceeds 2.00.000. \n \n(3) Out of the total number of scats of councillors in a municipality, there shall \nbe reserved seats for Scheduled Castes, Scheduled Tribes, Backward Classes and \nwomen as follows, namely. \n \n(a) Seats shall be reserved by the Sta te Government for the Scheduled \nCastes and the Scheduled Tribes in every municipality and the number of \nseats so reserved shall bear, as nearly as may be the same proportion to \nthe total number of seats to be filled by direct election in that \nmunicipality as the population of the Scheduled Castes in that municipal \narea or of the Scheduled Tribes in that municipal area bears to the total \npopulation of that area and such seats may be allotted by rotation to \ndifferent constituencies in a municipality in the prescribed manner. \n \n(b) One-third of the total number of seats reserved under clause (a) shall \nbe reserved for women belonging to the Scheduled Castes o r as the case \nmay be, the Scheduled Tribes. \n \n(c) One-tenth of the total number of seats to be filled by direct election in \nevery municipality shall be reserved for persons belonging to backward \nclasses and one -third of the seats so reserved for backward classes shall \nbe reserved for women belonging to the backward classes. Such seats \nmay be allotted by rota tion to different constituencies in the prescribed \nmanner. \n \n(d) One -third (including the number of seats reserved for women \nbelonging to the Scheduled Castes, the Scheduled Tribes and the \nbackward classes) of the total number of seats to be filled by direct \nelection in every municipality shall be reserved for women and such \nseats may be allotte d by rotation to different con stituencies in a \nmunicipality in the prescribed manner. \nIncorporation of \nNagar Panchayat \nand Municipal \nCouncil \nMunicipality to \nconsist of elected \nCouncillors. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n \n(e) The reservation of seats under clauses (a), (b) and (c) (other than the \nreservation for women) shall cease to have effect on the expiration of the \nperiod specified in article 334 of the Constitution of India. \n \n(4) The superintendence, direction and control of the preparation of electoral \nrolls for, and the conduct of, all electio ns to the Municipalities shall be vested in \nthe State Election Commission. \n \n(5) Subject to the provisions of this Act, an election shall be held in accor dance \nwith the rules made by the State Government in that behalf. \n \n (6) The State Ele ction Commissioner shall be appointed within two months of \nthe coming into force of the Gujarat Municipalities (Amendment) Act, 1993. \n \n(7) The State Government shall, when so required by the State Election \nCom mission, make available to it the staff as may be necessary for the discharge \nof the functions conferred on it by clause (1) of article 243K of the Constitution \nof India \n \n(8) Notwithstanding any vacancy due to failure to elect the full number of \ncouncillors which under this section might be elected the municipality shall be \ndeemed to be constituted on the date of its first meeting. \nExplanation :- For the purpose of this section,- \n \n(a) \"Scheduled Castes\" means such castes, races of tribes or parts of or \ngroups within, such castes, races or tribes as are deemed to be Scheduled \nCastes in relation to the State of Gujarat under aricle 341 of the \nConstitution of India; \n \n(b) \"Scheduled Tribes\" means such tribes or tribal communities or parts \nof, or groups within such tribe or tribal communities as are deeme d to be \nScheduled Tribes in relation to the State of Gujarat under article 342 of \nthe Constitution of India, and \n \n(c) \"backward classes\" means classes declared as Socially and \nEducationally Backward Classes by the State Government from time to \ntime.] \n \n(3) Election of Councillors. \n \n7AA. [Definitions.] This section which was inserted by Guj. 15 of 1978, s. 3 was \nsubsequently deleted by Guj. 17 of 1993, s. 8. \n \n16[7. (1) Each municipality shall consist of councillors chosen by direct election. \n \n(2) Where general election is to be held immediately after,- \n \n(i) the specification of a local area as a 'transitional area\" or as the case \nmay be a smaller urban area' under article 243Q of the Constitution of \nIndia is made, or \n \n(ii) the census is taken under the Census Act, 1948, and the relevent \nfigures of which have been published, or \n \n(iii) the limits of a municipal borough are altered, \n \n(a) the State Government shall, by no tification in the Official \nGazette, determine the number of wards into which the municipal \nborough shall be divided, the number of councillors to be elected \nto the municipality and the number of seats to be reserved in \nGuj. 17 of 1993. \nDetermination of \nnumber of councillors \nto be elected and \ndetermination of \nwards. \n 37 of 1948. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n25 of 158 \nfavour of the Scheduled Castes, the S cheduled Tribes, the \nbackward classes and women as provided in sub -section (3) of \nsection 6. \n \n(b) the State Election Commission thereafter shall carry out the \ndetermination of the boundaries of the wards and the allocation \nof seats reserved in favour of th e Scheduled Castes, Scheduled \nTribes, backward classes and women among the wards in the \nprescribed manner.] \n \n17[8. (1) Every municipal ity. unless sooner dissolved shall continue for five years \nfrom the date appointed for its first meeting and no longer. \n \n(2) The term of office of the councillors shall be co -extensive with the duration \nof the municipality. \n \n(3) An election to constitute a municipality shall be completed before the expiry \nof its duration specified under sub-section (1).",
"footnote": "",
"is_definition": false,
"sort_order": 324
},
{
"number": "8A",
"title": "Section 8A. Where it is not possible to hold the election to constitute a municipality as provided",
"chapter": null,
"content": "in section 8 of the Act on accou nt of unforeseen circumstances such as natural calamity, \nriots, communal disturbances, all powers and duties of the municipality shall be \nexercised and performed by such officer as the State Government may, by order, appoint \nfrom time to time in this behalf.] \n \n18[ 19[9. (1) For every ward, there shall be a list of voters. \n \n20[(2) The list of voters shall be the same as the electoral roll of the Gujarat Legislative \nAssembly prepared and revised in accordance with the provisions of the Central Law for \nthe time being in force and as revised, modified, up -dated, and published in accordance \nwith the provisions of sub-section (2A). \n \n(2A) Subject to the superintendence, direction and control of the State Election \nCommission, the list of voters shall be revised, modified, up -dated and published by \nsuch officer as may be designated by the State Election Commission in this behalf in the \nprescribed manner.] \n \n(3) No person shall be entitled to have his name included in the list of voters fo r more \nthan one ward and for any ward more than once. \n \n(4) The list of voters for any ward published under sub -section (2) shall remain in \noperation until a revised list of voters in respect of a municipal borough is so published.] \n \n[9A. Preparation of list of voters.",
"footnote": "",
"is_definition": false,
"sort_order": 325
},
{
"number": "9B",
"title": "Section 9B. Persons qualified to be registered as voters.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 326
},
{
"number": "9C",
"title": "Section 9C. Form of list of voters, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 327
},
{
"number": "9D",
"title": "Section 9D. Name of person not to be included in list of voters for more than one ward.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 328
},
{
"number": "9E",
"title": "Section 9E. Name of person not to be included in list of voters more than once.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 329
},
{
"number": "9F",
"title": "Section 9F. Period for which a list of voters shall remain in operation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 330
},
{
"number": "9G",
"title": "Section 9G. Staff of municipality to be made available.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 331
},
{
"number": "9H",
"title": "Section 9H. Jurisdiction of Civil Courts barred.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 332
},
{
"number": "9I",
"title": "Section 9I. Making false declaration.",
"chapter": null,
"content": "Duration of the \nmunicipalities, \nand the \ncouncillors. \nAppointment of an \nofficer to exercise the \npowers of the \nmunicipality in \nunforeseen \ncircumstances. \n \nList of Voters \nfor every \nward. \n \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963",
"footnote": "",
"is_definition": false,
"sort_order": 333
},
{
"number": "9J",
"title": "Section 9J. Breach of official duty in connection with the preparation, etc. o f list of voters.",
"chapter": null,
"content": "Sections 9A to 9J were deleted by Guj. 7 of 1990, s. 5.",
"footnote": "",
"is_definition": false,
"sort_order": 334
},
{
"number": "10",
"title": "Section 10. (1) Every person whose name is in the list of voters referred to in section 9 shall,",
"chapter": null,
"content": "unless disqualified under this Act or any other law for the time being in force, be \nqualified to vote, and every person whose name is not in such list shall not be \nqualified to vote, at the election of a member for the ward to which such list \npertains. \n \n(2) Every person 21[who has attained the age of twenty-one years on the last date \nfixed for filing the nominations and] whose name is in the list of voters shall, \nunless disqualified under this Act or any other law for the tune being in force, be \nqualified to be elected, and every person whose name is not i n such list shall not \nbe qualified to be elected, at the election for any ward of the municipal borough. \n \n(3) Subject to any disqualification incurred by a person, the list of voters shall be \nconclusive evidence for the purpose of determining under this se ction whether \nthe person is qualified or is not qualified to 22[vote] at any election.",
"footnote": "",
"is_definition": false,
"sort_order": 335
},
{
"number": "11",
"title": "Section 11. (1) No person may be a councillor-",
"chapter": null,
"content": "(a) Who— \n \n (i) has, whether before or after the commencement of this Act, \nbeen convicted by a court in India- \n \n (a) of an offence under 23[the Untouchability (Offences) \nAct. 1955,] or under the Bombay Prohibition Act, 1949; \nor \n \n(b) of any other offence and sentenced to imprisonment \nfor not less than six months, \n \nunless a period of four years or such lesser period \nas the State Government may allow in any particular \ncase, has elapsed since his con viction and where he was \nsentenced to imprisonment, since his release; or \n \n(ii) has been removed from office under section 37 and four years \nhave not elapsed from the date of such removal, unless he has, by \nan order which the State Government is hereby empowered to \nmake, if it shall think fi t, in this behalf, been relieved from the \ndisqualification arising on account of such re moval from office; \nor \n \n(b) who is an uncertificated bankrupt or an undischarged \ninsolvent; or \n \n(c) who is of unsound mind and stands so declared by a \ncompetent court; or \n \n(d) who is not a citizen of India or has voluntarily \nacquired the citizenship of a foreign State or is under any \nacknowledgement of allegiance or adherence to a foreign \nState; or \n \n(e) who is a Judge; or \n \n(f) who is a salaried servant of Government or of a \npanchayat or municipality; \n \nPersons qualified \nto vote and be \nelected. \nGeneral disqualifi-\ncations for becoming \na councillor. \nVacation of seat. \nDecision of State \nGovernment in \ncase of disputes. \nXXII of 1955. \nBom XXV of",
"footnote": "",
"is_definition": false,
"sort_order": 336
},
{
"number": "1949",
"title": "Section 1949. 1964 : Guj. 34] Gujarat Municipalities Act, 1963",
"chapter": null,
"content": "27 of 158 \n24[(g) who is disqualified by or under any law for the \ntime being in force for the purposes of elections to the \nLegislature of the State: \n \n \nProvided that where the disqualification was only \non the ground that he was less th an twenty-five years of \nage, he may be a Councillor if he has attained the age of \ntwenty-one years before last date for filing nominations \nor]; \n \n25[(h) who has more than two children : \n \nProvided that a person having more than two \nchildren on the date of com mencement of the Gujarat \nLocal Authorities Laws (Amendment) Act, 2005 (here -\ninafter in this clause referred to as \"the date of such \ncommencement\"), shall not be disqualified under this \nclause, so long as the number of children he had on the \ndate of such commencement does not increase: \n \nProvided further that a child or more than one \nchild born in a single delivery within the period of one \nyear from the date of such commencement shall not be \ntaken into consideration for the purpose of \ndisqualification under this clause. \n \nExplanation .- For the purpose of this clause,— \n \n(i) Where a couple has only one child on or after \nthe date of such commence ment, any number of \nchildren born out of single subsequent delivery \nshall be deemed to be one entity; \n \n(ii) ' child' does not include an adopted child or \nchildren. ]. \n \n(2) No person- \n \n(a) who is a part time Officer or servant of a municipality, or \n \n(b) who fails to pay any arrears of any kind due by him to the Municipal -\nity (otherwise than as a trustee) within three months after a special notice \nin accordance with the rules made by the State Government in this behalf \nhas been served upon him, or \n \n(c) who, save as hereinafter provided has directly or indirectly, by him \nself or his partner any share or int erest in any work done by order of a \nmunicipality or in any contract or employment with or under or by or on \nbehalf of a municipality, or \n \n(d) who, save as hereinafter provided, has directly or indirectly, by \nhimself or his partner, any share or interes t in any transaction of loan of \nmoney advanced to, or borrowed from, any officer or servant of the \nmunicipality, \n \nmay be a councillor of such municipality. \n \n(3) A person shall not be deemed to have incurred disqualification- \n \n(A) under clause (c) of sub-section (2) by reason of his- \nGuj. 17 of 2005. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n \n(i) having any share or interest in any lease, sale or purchase of \nany immovable property or in any agreement for the same, or \n \n (ii) having a share or interest in any joint -stock company or in \nany society, regi stered or deemed to be registered under the \nGujarat Co -operative Societies Act, 1961 which shall contract \nwith or be employed by or on behalf of the municipality, or \n \n(iii) having a share or interest in any newspaper in which any \nadvertisement relating to the affairs of the municipality may be \ninserted, or \n \n(iv) holding a debenture or being otherwise interested in any loan \nraised by or on behalf of the municipality, or \n \n(v) having a share or interest in the occasional sa le to the munici-\npality of any artic le in which he regularly trades, or in the \npurchase from the municipality of any article, to a value in either \ncase not exceeding in any official year one thousand rupees or \nsuch higher amount not exceed ing five thousand rupees as the \nmunicipality with th e sanction of the State Government may fix \nin this behalf: \n \nProvided that where the share or interest has been in the \nsale or purchase of an article which is a controlled article and the \nsale or as the case may be, the purchase thereof is made with the \nprevious sanction of the State Government the limitation as to \nvalue imposed by this clause shall not apply to such share or \ninterest, \n \nExplanation.- For the purpose of sub -paragraph (v ) \n\"controlled article\" shall mean an article the purchase, sale, \ndistribution, storage, and price of which or any of them is \nregulated under any law for the time being in force, or \n \n(vi) having a share or interest in the occasional letting out on hire \nto the municipality or in the hiring from the municipality of any \narticle for an amount not exceeding in any official year two \nhundred and fifty rupees or such higher amount not exceeding \none thousand rupees as the municipality with the sanc tion of the \nState Government may fix in this behalf, or \n \n(vii) being a party to any agreemen t made with the municipality \nunder the provisions of section 119 or of proviso (a) to sub -\nsection (1) of section 229, or \n \n(viii) merely being a relative of a person in employment with or \nunder or by or on behalf of the municipality; \n \n(B) under clause (d) of sub-section (2) by reason of his being a director \nor member of a Co -operative society which advances or has advanced a \nloan of money to, or borrows or has borrowed money from, any officer \nor servant of the municipality. \n \n26[(4) A person who at any time during the term of his office is disqualified under \nthe Gujarat Provision for Disqualification of Members of Local Authorities for \nDefection Act, 1986 for being a Councillor shall cease to hold office as such \nCouncillor.]",
"footnote": "",
"is_definition": false,
"sort_order": 337
},
{
"number": "12",
"title": "Section 12. No person shall vote at any municipal election under this Act, if he-",
"chapter": null,
"content": "Guj. X of 1962. \nGuj. 23 of",
"footnote": "",
"is_definition": false,
"sort_order": 338
},
{
"number": "1986",
"title": "Section 1986. General dis-",
"chapter": null,
"content": "qualifications \nof voters. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n29 of 158 \n \n(a) is of unsound mind and stands so declared by a competent court, or \n \n(b) is not a citizen of India or has voluntarily acquired the citizenship of a \nforeign S tate or is under acknowledgement of allegiance or adherence to a \nforeign State.",
"footnote": "",
"is_definition": false,
"sort_order": 339
},
{
"number": "13",
"title": "Section 13. (1) No person shall vote at any election in more than one ward and if a",
"chapter": null,
"content": "person votes in more than one ward, his vote in all such wards shall be void. \n \n(2) N o person shall at any election vote in the same ward more than once, \nnotwithstanding that his name may have been entered in the list of voters for that \nward more than once, and if he does so vote, all his votes in that ward shall be \nvoid. \n \n(3) The ward in which a person votes for the first time after his name is entered \nin the list of voters shall be the ward in which he shall be entitled to vote at any \nsubsequent election unless before such election his name has been deleted from \nthe list of voters for that ward.",
"footnote": "",
"is_definition": false,
"sort_order": 340
},
{
"number": "14",
"title": "Section 14. (1) If the validity of any election of a councillor is brought in question by any",
"chapter": null,
"content": "person qualified to vote at the election to which such question refers or by any \ncandidate for such election such person may, at any time within fifteen days after \nthe date of the declaration of the result of the election, apply to the District Court \nof the district within which the election has been or should have been held, for \nthe determination of such question. \n \n(2) An inquiry shall thereupon be held by a Judge, not below the grade of an \nAssistant Judge appointed by the State Government either specially for the case \nor for such cases generally; and such Judge may, after such inquiry as he deems \nnecessary an d subject to the provisions of sub -section (5), pass an order \nconfirming or amending the declared result of the election, or setting the election \naside for the purposes of the said inquiry , the said Judge may summon and \nenforce the atten dance of witnesses and compel them to give evidence as if he \nwere a Civil Court, and he may also direct by whom the whole or any part of the \ncosts of any such inquiry shall be paid. Such costs shall be recoverable as if they \nhad been awarded in a suit under the Code of Civi l Procedure, 1908. The \ndecision or order shall be conclusive. \n \n(3) All applications received under sub-section (1)- \n \n(a) in which the validity of the election of councillors elected to \nrepresent the same ward is in question shall be heard by the same judge ; \nand \n \n(b) in which the validity of the election of the same councillor elected to \nrepresent the same ward is in question shall be heard together. \n \n(4) Notwithstanding anything contained in the Code of Civil Procedure, 1908, \nthe Judge shall not permit (a) any application to be compromised or withdrawn \nor (b) any person to alter or amend any pleading, unless he is satisfied that such \napplication for compromise or withdrawal or the application for such alteration \nor amendment is bonafide and not conclusive. \n \n (5) (a) If the Judge is satisfied- \n \n(i) that on the date of the election, the elected candidate was not \nqualified, or was disqualified, to be chosen to fill the seat under \nthis Act, or \n \nRight to vote. \nDetermina-\ntion of valid-\nity of elec-\ntions. \nV of 1908. \nV of 1908. \nDeclaration in case \nof corrupt practice \nby candidate. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n(ii) that any currupt practice has been committed by the elected \ncandidate or his election agent or by any other person with the \nconsent of the elected candidate or his election agent; or \n \n(iii) that any nomination has been improperly rejected: or \n \n(iv) that the result of the election, in so far as it concerns the \nelected candidate, has been materially affected by the improper \nacceptance of any nomination or by any corrupt practice \ncommitted in the interests of the elected candidate by an agent \nother than his election agent, or by the improper recep tion, \nrefusal or rejection of any vote or the reception of any vote which \nis void, or by any non-compliance with the provisions of this Act \nor of any rules or orders made under this Act, \n \nthe Judge shall set aside t he election of the elected \ncandidate and where the election is set aside, on a ground \nmentioned in item ( i) or ( ii), shall declare the candidate \ndisqualified for the purpose of such fresh election as may be held \nunder sub-section (2) of section 42. \n \n(b) If in any case to which clause (a) does not apply, the validity of an \nelection is in dispute between two or more candidates the Judge shall, \nafter a scrutiny and com putation of the votes recorded in favour of each \ncandidate, declare the candidate who is found to have the greatest \nnumber of valid votes in his favour, to have been duly elected: \n \nProvided that for the purpose of such computation no vote shall \nbe reckoned as valid if the Judge finds that any cor rupt practice was \ncommitted by any person, known or unknown, in giving or obtaining it: \n \nProvided further that after such computation, if an equality of \nvotes is found to exist between any candidates and the addition of one \nvote will entitle any of the can didates to be declared elected, one \nadditional vote shall he added to the total number of valid votes found to \nhave been recorded in favour of the candidate or candidates, as the case \nmay be, selected by lot drawn in the presence of the Judge in such \nmanner as he may determine. \n \n (6) A person shall be deemed to have committed a corrupt practice within the \nmeaning of sub-section (5)- \n \n(i) who, with a view to inducing any voter to give or to refrain from \ngiving a vote in favour of an y candidate, offers or gives any gratification \nor holds out any promise of individual profit, or holds out any threat of \ninjury to any person, or property; or \n \n(ii) who, with a view to inducing any person to stand or not to stand as or \nto withdraw or not t o withdraw from being a candidate at an election, \noffers or gives any gratification or holds out any promise of individual \nprofit, or holds out any threat of injury to any person, or property; or \n \n(iii) who gives, procures, or abets the giving of a vote in the name of a \nvoter who is not the person giving such vote; or \n \n(iv) who hires or procures, whether on payment or otherwise, any vehicle \nor vessel for the conveyance of any voter to, or from, any polling station: \n \nProvided that- \n \n(a) the hiring of a vehi cle or vessel by a candidate for himself or \nScrutiny of \nvotes and \ndeclaration in \nother cases. \nWhat is \ncorrupt \npractice. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n31 of 158 \nhis family or an election agent shall not be deemed to be a \ncorrupt practice under this clause; \n \n(b) the hiring of a vehicle or vessel by a voter or by several \nvoters at their joint cost for the purpose of convey ing him or \nthem to, or from, any such polling station shall not be deemed to \nbe a corrupt practice under this clause if the vehicle or vessel so \nhired is a vehicle or vessel not propelled by mechanical power; \n \n(c) the use of any public transport vehicle or vessel or any tram -\ncar or railway carriage by any voter at his own cost for the \npurpose of going to. or coming from, any such polling station \nshall not be deemed to be corrupt practice under this clause, \n \nand a corrupt practice shall be deemed to have been \ncommitted by a candi date, if it has been committed with his \nknowledge and consent, or by a person who is acting under the \ngeneral or special authority of such candidate with reference to \nthe election. \n \n \nExplanation.-1.-For the purposes of this section the term \n\"gratification\" is not restricted to pecuniary gratification or \ngratifications estimable in money, and includes all forms of \nentertainment and all forms of employment for reward. \n \nExplanation.-2.-The expression \"a promise of individual \nprofit\" — \n \n(i) does not include a promise to vote for or against any \nparticular measure which may come before a \nmunicipality for consideration, but \n \n(ii) subject thereto, includes a promise for the benefit of \nthe person himself or any person in whom he is \ninterested. \n \n (7) If the validity of the election is brought in question only on the ground of \nany error by the officer or officers charged wi th carrying out the rules made \nunder sub-section (5) of section 6, 27[or under 28[sub-section (2) of section 9]] or \nof an irregularity or informality not corruptly caused, the Judge shall not set \naside the election. \n \nExplanation.-The expression \"error\" in this clause does not include any \nbreach of or any omission to carry out or any non -compliance with the provi -\nsions of this Act or the rules made thereunder whereby the result of the election \nhas been materially affected. \n \n (8) If the Judge sets aside an election under clause (a) of sub -section (5), he \nmay, if he thinks fit, declare any person by whom any corrupt practice has been \ncommitted within the meaning of this section to be disqualified from bei ng a \ncandidate in that or any other municipal borough for a term of years not exceed -\ning seven, and the decision of the Judge shall be conclusive: \n \nProvided however, that such person may, by an order which the State \nGovernment is hereby empowered to make, if it shall think fit, in that behalf, be \nat any time relieved from such qualification: \n \nProvided further that no such declaration shall be made in respect of any \nperson without such person being given an opportunity to show cause why such \ndeclaration should not be made. \nCandidates when \ndeemed to have \ncommitted corrupt \npractice. \nMere irregularities \nand informalities not \nto invalidate election. \nDisqualification of \npersons committing \ncorrupt practice. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963",
"footnote": "",
"is_definition": false,
"sort_order": 341
},
{
"number": "15",
"title": "Section 15. Any person who has been convicted of an offence under section 171 -E or 171 -F of",
"chapter": null,
"content": "the Indian Penal Code, or has been disqualified from exercising any electoral right for a \nperiod of n ot less than five years on account of malpractices in connection with an \nelection, shall be disqualified for five years from the date of such conviction or \ndisqualification from voting at any municipal election in any municipal borough. \n \n(4) Election offences.",
"footnote": "",
"is_definition": false,
"sort_order": 342
},
{
"number": "16",
"title": "Section 16. (1) No person shall, on the date or dates on which a poll is taken at any polling",
"chapter": null,
"content": "station, commit any of the following acts within the polling station or in any \npublic or private place withi n a distance of ninety meters of the polling station, \nnamely:- \n \n(a) canvassing for votes ; or \n \n(b) soliciting the vote of any voter; or \n \n(c) persuading any voter not to vote for any particular candidate ; or \n \n(d) persuading any voter not to vote at the election ; or \n \n(e) exhibiting any notice or sign (other than an official notice) relating to \nthe election. \n \n(2) Any person who contravenes the provisions of sub -section (1 ) shall, on \nconviction, be punished with fine which may extend to five hundred rupees. \n \n(3) An offence punishable under this section shall be cognizable.",
"footnote": "",
"is_definition": false,
"sort_order": 343
},
{
"number": "17",
"title": "Section 17. (1) No person shall, on the date or dates on which a poll is taken at any polling",
"chapter": null,
"content": "station,- \n \n(a) use or operate within or at the entrance of the polling station or in any \npublic or private place in the neighbourhood thereof, any apparatus for \namplifying or reproducing the human voice, such as a megaphone or a \nloudspeaker, or \n \n(b) s hoat, or otherwise act in a disorderly manner, within or at the \nentrance of the polling station or in any public or private place in the \nneighbourhood thereof, \n \nas to cause annoyance to any person visiting the polling station for the \npoll, or so as to interfere with the work of the officers and other p ersons \non duty, at the polling station. \n \n(2) Any person who contravenes, or wilfully aids or abets the contravention of \nthe provisions of sub -section ( 1) shall, on conviction, be punished with im -\nprisonment which may extend to three months or with fine whi ch may extend to \nfive hundred rupees or with both. \n \n(3) If the presiding officer of a polling station has reason to believe that any \nperson is committing or has committed an offence punishable under this section, \nhe may direct any police officer to arrest such person, and thereupon the police \nofficer shall arrest him. \n \n(4) Any police officer may take such steps and use such force, as may be \nreasonably necessary for preventing any contravention of the provisions of sub - \nsection (1) and may seize any apparatus used for such contravention. \n \nVoter disqualified \nfor corrupt \npractice. \nXLV of 1860. \nProhibition of \ncanvassing in or \nnear polling \nstations. \nPenalty for \ndisorderly \nconduct in or near \npolling stations. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n33 of 158",
"footnote": "",
"is_definition": false,
"sort_order": 344
},
{
"number": "18",
"title": "Section 18. (1) A ny person who during the hours fixed for the poll at any polling station",
"chapter": null,
"content": "misconducts himself or fails to obey the lawful directions of the presiding officer \nmay be removed from the polling station by the presiding officer or by any \npolice officer on duty or by any person authorised in this behalf by such \npresiding officer. \n \n(2) The powers conferred by sub -section (1) shall not be exercised so as to \nprevent any voter who is o therwise entitled to vote at a polling station from \nhaving an opportunity of voting at that station. \n \n(3) If any person who has been so removed from a polling station re -enters the \npolling station without the permission of the presiding Officer, he shall, on \nconviction, he punished with imprisonment which may extend to three months or \nwith fine which may extend to five hundred rupees or with both. \n \n(4) An offence punishable under sub-section (3) shall be cognizable.",
"footnote": "",
"is_definition": false,
"sort_order": 345
},
{
"number": "19",
"title": "Section 19. (1) Every officer, clerk, agent or other person who performs any duty in",
"chapter": null,
"content": "connection with the recording or counting of votes at an election under this Act \nshall maintain and aid in maintaining the secrecy of the voting and shall not \n(except for some purpose a uthorised by or under any law) communicate to any \nperson any information calculated to violate such secrecy. \n \n(2) Any person who contravenes provisions of sub -section (1) shall on con -\nviction, be punished with imprisonment for the term which may extend to three \nmonths or with fine which may extend to five hundred rupees or with both.",
"footnote": "",
"is_definition": false,
"sort_order": 346
},
{
"number": "20",
"title": "Section 20. (1) No person who is a Returning Officer or a presiding or polling officer at an",
"chapter": null,
"content": "election under this Act or an officer or clerk appointed by the Returning Officer \nor the presiding officer to perform any duty in connection with an elec tion under \nthis Act, shall, in the conduct or the management of the election, do any act \n(other than the giving of vote) for the furtherance of the prospects of the election \nof a candidate. \n \n(2) No such person as aforesaid and no member of a police force shall en -\ndeavour,- \n \n(a) to persuade any person to give his vote at an election, or \n \n(b) to dissuade any person from giving his vote at an election, or \n \n(c) to influence the voting of any person at an election in any manner. \n \n(3) Any person who contravenes the provisions of sub -section (/) or sub-section \n(2) shall, on conviction, be punished with imprisonment for a te rm which may \nextend to six months or with fine which may extend to one thousand rupees or \nwith both.",
"footnote": "",
"is_definition": false,
"sort_order": 347
},
{
"number": "21",
"title": "Section 21. (1) If any person to whom this section applies is without reasonable cause guilty",
"chapter": null,
"content": "of any act o r omission in breach of his official duty, he shall, on conviction, be \npunished with fine which may extend to one thousand rupees. \n \n(2) No suit or other legal proceedings shall lie against any such person for \ndamages in respect of any such act or omission as aforesaid. \n \n(3) The persons to whom this section applies a re the returning officers, presiding \nofficers, polling officers and any other person appointed to perform any duty in \nconnection with the maintenance of list of voters, the receipt of nomina tions or \nwithdrawals of candidatures or the recording or counting of votes at an election \nunder this Act and the expression \"official duty\" shall for the purposes of this \nsection be construed accordingly, but shall not include duties imposed other wise \nPenalty for \nmisconduct at \npolling \nstation. \nMaintenance of \nsecrecy of \nvoting. \nOfficers, etc., at \nelections not to \nact for candidates \nor to influence \nvoting. \nBreaches of official \nduty in connection \nwith elections. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nthan by or under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 348
},
{
"number": "22",
"title": "Section 22. (1) Any person who at any election under this Act fraudulently takes, or attempts",
"chapter": null,
"content": "to take, a ballot paper out of a polling station, or wilfully aids or abets in doin g \nof any such act, shall, on conviction, be punished with imprisonment for a term \nwhich may extend to one year or with fine which may extend to one thousand \nrupees or with both. \n \n(2) If the presiding officer of a polling station has reason to believe that any \nperson is committing or has committed an offence punishable under sub -section \n(1), such officer may, before such person leaves the polling station, arrest or \ndirect a police officer to arrest such person and may search such person or cause \nhim to be searched by a police officer : \n \nProvided that when it is necessary to cause a woman to be searched, the \nsearch shall be made by another woman with strict regard to decency. \n \n(3) A ny ballot paper found upon the person arrested on search shall be made \nover for safe custody to a police officer by the presiding officer, or when the \nsearch is made by a police officer shall be kept by such officer in safe custody. \n \n(4) An offence punishable under sub-section (1) shall be cognizable.",
"footnote": "",
"is_definition": false,
"sort_order": 349
},
{
"number": "23",
"title": "Section 23. (1) A person shall be guilty of an offence if at any election under this Act he,-",
"chapter": null,
"content": "(a) fraudulently defaces or fraudulently destroys any nomination paper; \nor \n \n(b) fraudulently defaces, destroys, or removes any list, notice or other \ndocument affixed by or under the authority of a returning officer; or \n \n(c) fraudulently defaces or fraudulently destroys any ballot paper or the \nofficial mark on any ballot paper; or \n \n(d) without due authority supplies any ballot paper to any person; or \n \n(e) fraudulently puts into any ballot box anything other than the ballot \npaper which he is authorised by law to put in; or \n \n(f) without due authority destroys, takes, opens or otherwise inter feres \nwith any ballot box or ballot papers then in use for the purposes of th e \nelection; or \n \n(g) fraudulently or without due authority, as case may be, attempts to do \nany of the foregoing acts or wilfully aids or abets the doing of any such \nacts. \n \n(2) Any person guilty of an offence under this section shall,- \n \n(a) if he is a Returni ng Officer or a presiding officer at a polling station \nor any other officer or clerk employed on official duty in connection with \nthe election, on conviction, be punished with imprisonment for a term \nwhich may extend to two years or with fin e which may exte nd to one \nthousand rupees or with both; \n \n(b) if he is any other person, on conviction, be punished with impris -\nonment for a term which may extend to six months or with fine which \nmay extend to five hundred rupees or with both. \n \n(3) For the purposes of thi s section, a person shall be deemed to be on official \nRemoval of ballot \npapers from polling \nstation to be an \noffence. \nOther offences \nand panalties \ntherefor. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n35 of 158 \nduty if his duty is to take part in the conduct of an election under this Act or part \nof such election including the counting of votes or to be responsible after such \nelection for the used ballot papers and other documents in connection with such \nelection, but the expression \"official duty\" shall not include any duty im posed \notherwise than by or under this Act. \n \n(4) An offence punishable under clause (b) of sub -section (2) shall be cogni -\nzable.",
"footnote": "",
"is_definition": false,
"sort_order": 350
},
{
"number": "24",
"title": "Section 24. No court shall take cognizance of any offence punishable under section 20 or under",
"chapter": null,
"content": "section 21 or under clause (a) of sub -section (2) of section 23 unless there is complaint \nmade by an order or under authority of the Collector. \n \n \n(5) Requisition of premises for purposes of holding elections.",
"footnote": "",
"is_definition": false,
"sort_order": 351
},
{
"number": "25",
"title": "Section 25. (1) If on a request made by the President of a municipality in that behalf or on its",
"chapter": null,
"content": "or his own motion it appears to the State Government or an officer authorised by \nthe State Government (hereinafter referred to as the requisitioning authority), \nthat in connection with an election under this Act,- \n \n(a) any premises are needed or are likely to be needed for the p urpose of \nbeing used as a polling station or for the storage of ballot boxes after a \npoll has been taken, or \n \n(b) any vehicle, vessel or animal is needed or is likely to be needed for \nthe purpose of transport of ballot boxes to, or from, any polling station or \ntransport of members of the police force for maintaining order during the \nconduct of such election, or transport of any officer or other person for \nthe performance of any duties in connection with such election, \n \n(c) the requisitioning authority may by order in writing requisition such \npremises, or such vehicle, vessel or animal, as the case may be, and may \nmake such further orders as may appear to it to be necessary or expedient \nin connection with the requisitioning : \n \nProvided that no vehicle, vesse l or animal which is being \nlawfully used by a candidate or his agent for any purpose connected with \nthe election of such candi date shall be requisitioned under this sub -\nsection until the completion of the poll at such election. \n \n(2) The requisition shall b e effected by an order in writing addressed to the \nperson deemed by the requisitioning authority to be the owner or person in pos -\nsession of the property, and such order shall be served in the manner prescribed \nby rules made by the State Government on the person to whom it is addressed. \n \n(3) Whenever any property is requisitioned under sub -section (1), the period of \nsuch requisition shall not extend beyond the period for which such property is re-\nquired for any of the purposes mentioned in that sub-section. \n \nExplanation. — For the purpose of this section \"premises\" means any \nland, building or part of a building and includes a hut, shed or other structure or \nany part thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 352
},
{
"number": "26",
"title": "Section 26. (1) Whenever in pursuance of section 25 , the requisition ing authority req -",
"chapter": null,
"content": "uisitions any premises, the municipality shall pay to the person interested com -\npensation the amount of which shall be determined by taking into consideration \nthe following, namely:- \n \n(i) the rent payable in respect of the premises or if no rent is payable, the \nrent payable for similar premises in the locality; \nProsecution \nregarding certain \noffences. \nRequisitioning of \npremises, vehicles, \netc., for municipal \nelections. \nPayment of \ncompensation. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n \n(ii) if in consequence of the requisition of the premises the person \ninterested is compelled to change his residence or place of business, the \nreasonable expenses (if any) incidental to such change : \n \nProvided that where any person interested being aggrieved by the \namount of compensation so determined makes an application to the \nrequisitioning authority within the time prescribed by rules made by the \nState Government for referring the matter to an arbitrator, the amount of \ncompensation to be paid shall be such as the arbi trator appointed in this \nbehalf by the requisitioning authority may determine: \n \nProvided further that where there is any dispute as to the title to \nreceive the co mpensation, or as to the apportionment of the amount of \ncompensation it shall be referred by the requisitioning authority to an \narbitrator appointed in this behalf by the requisitioning authority for \ndetermination, and shall be determined in accor dance with the decision \nof such arbitrator. \n \nExplanation.-In this sub -section, the expression \"person \ninterested\" means the person who was in actual possession of the \npremises requisitioned under section 25 immediately before the \nrequisition, or where no person wa s in such actual posses sion, the owner \nof such premises. \n \n(2) Whenever in pursuance of section 25 , the requisitioning authority requi site \nany vehicle, vessel or animal, the municipality shall pay to the owner thereof \ncompensation the amount of which shal l be determined by the requisitioning au - \nthority on the basis of the fares or rates prevailing in the locality for the hire of \nsuch vehicle, vessel or animal: \n \nProvided that where the owner of such vehicle, vessel or animal being \naggrieved by the amount of compensation so determined makes an application to \nthe requisitioning authority within the time prescribed by rules made by the State \nGovernment for referring the matter to an arbitrator, the amount of compensation \nto be paid shall be such as the arbit rator appointed in this behalf by the \nrequisitioning authority may determine: \n \nProvided further that where immediately before the requisitioning, the \nvehicle or vessel was by virtue of a hire -purchase agreement in the possession of \na person other than the owner, the amount determined under this sub -section as \nthe total compensation payable in respect of the requisition shall be apportioned \nbetween that person and the owner in such manner as they may agree upon and \nin default of agreement, in such manner as an arbitrator appointed by the \nrequisitioning authority in this behalf may decide.",
"footnote": "",
"is_definition": false,
"sort_order": 353
},
{
"number": "27",
"title": "Section 27. The requisitioning authority may with a view to requisitioning any prop erty under",
"chapter": null,
"content": "section 25 or determining the compensation payable unde r section 26, by order require \nany person to furnish to such authority as may be specified in the order , such \ninformation in his possession relating to such property as may be so specified.",
"footnote": "",
"is_definition": false,
"sort_order": 354
},
{
"number": "28",
"title": "Section 28. (1) Any person remainin g in possession of any requisitioned premises in",
"chapter": null,
"content": "contravention of any order made under section 25 may be summarily evicted \nfrom the premises by any officer empowered by the requisitioning authority in \nthis behalf. \n \n(2) Any officer so empowered may, after g iving to any woman not app ealing in \npublic, reasonable warning and facility to withdraw, remove or open any lock or \nbolt or break open any door of any building or do any other act necessary for \neffecting such eviction. \n \nPower to obtain \ninformation. \nEviction from \nrequisitioned \npremises. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n37 of 158 \n (1) When any premises requisitioned under section 25 are to be released from \nrequisition, the possession thereof shall be delivered to the person, from whom \npossession was taken at the time when the premises were requisitioned or if there \nwere no such person, to the person deemed by the requisitioning author ity to be \nthe owner of such premises and such delivery of possession shall be a full \ndischarge of the requisitioning authority from all liabilities in respect of such \ndelivery, but shall not prejudi ce any rights in respect of the premises which any \nother person may be entitled by due process of law to enforce against the person \nto whom possession of the premises is so delivered. \n \n(2) Where the person to whom possession of any premises requisitioned u nder \nsection 25 is to be given under sub -section (1) cannot be found or is not readily \nascertainable or has no agent or any other person empowered to accept delivery \non his behalf, the requisitioning authority shall cause a notice declaring that such \npremises are released from requisition to be affixed on some conspicu ous part of \nsuch premises and publish the notice in the Official Gazette. \n \n(3) When a notice referred to in sub -section (2) is published in the Official \nGazette, the premises specified in suc h notice shall cease to be subject to \nrequisition on and from the date of such publication and be deemed to have been \ndelivered to the person entitled to possession thereof and the requisitioning \nauthority or the municipality shall not be liable for any c ompensation or other \nclaim in respect of such premises for any period after the said date.",
"footnote": "",
"is_definition": false,
"sort_order": 355
},
{
"number": "30",
"title": "Section 30. If any person contravenes any order made under section 25 or section 27, he shall, on",
"chapter": null,
"content": "conviction, be punished with imprisonment for a term which may extend to one year or \nwith fine which may extend to one thousand rupees or with both. \n \nCHAPTER III. \n29 [PRESIDENT, VICE-PRESIDENT, COUNCILLORS AND OFFICERS AND \nSERVANTS OF THE MUNICIPALITY.] \n \n(1) Prov isions relating to Presidents, Vice -Presidents and Councillors of \nmunicipalities.",
"footnote": "",
"is_definition": false,
"sort_order": 356
},
{
"number": "31",
"title": "Section 31. A municipality shall be presided over by a president who shall be elected by the",
"chapter": null,
"content": "councillors from among themselves in the manner prescribed by rules made by the State \nGovernment. There shall be a vice-president similarly elected for each municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 357
},
{
"number": "32",
"title": "Section 32. 30[(1) After a general election to a municipality the Collector shall call the first",
"chapter": null,
"content": "general mee ting of the municipality for the election of the President and the \nVice-President within the prescribed period.] \n \n(2) The meeting called under sub -section (1) shall be presided over by the \nCollector or such officer as the Collector may by order in writing appoint in this \nbehalf. The procedure of the meeting shall be as prescribed by rules made by the \nState Government and the Collector or such officer shall have such powers as \nmay be prescribed by the said rules but shall not have the right to vote. \n \n(3) No business other than 31 * * * * * the election of the president and the vice -\npresident shall be transacted at such meeting. \n \n(4) If in the election of the president or the vice -president, there is an equality of \nvotes, the result of the election shall be d ecided by lot to be drawn in the \npresence of the Collector or the officer presiding in such manner as the Collector \nor as the case may be, the officer may determine.",
"footnote": "",
"is_definition": false,
"sort_order": 358
},
{
"number": "33",
"title": "Section 33. 32[(1) (a) The term of office of the President and Vice -President of a",
"chapter": null,
"content": "municipality shall be two and half years, \n \n(b) Subject to the other provisions of this section, the \nRelease of premises \nfrom requisition. \nPenalty for contraven-\ntion of any order \nregarding requisition-\ning. \nPresident and \nVice-President. \nElection of \nPresident and Vice-\nPresident. \nTerm of office of \npresident and \nvice-president. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nPresident or the Vice -President shall be eligible for re - \nelection. \n \n(c) Subject to the other provisions of this section, the Vice - \nPresident of a municipality who has completed the term \nof two and half years on or before the commencement of the Gujarat Local \nAuthorities Laws (Amendment) Act, 2011, shall continue to hold the office of \nthe Vice-President till the expiry of the term of that municipality.] \n \n(2) If during his term of office under sub -section (1), the president or the vice-\npresident ceases to be a councillor, he shall vacate the office held by him. \n \n33[(3) The office of the President in every municipality shall be reserved by the \nState Government for Scheduled Castes, Scheduled Tribes, backward classes and \nwomen in the prescribe d manner. Such reservation shall be made as nearly as \nmay be, in the same proportion as is made under sub -section (3) of section 6 in \ntheir favour in the total number of seats to be filled in by direct election.] \n \n34[(4) On the expiry of the term of the of fice of the councillors of the munici -\npality, the current administrative duties of the office of the president and of the \nVice-president of the Municipality shall be carried on by such officer of the State \nGovernment, as is may by order specify in that beh alf, until, such time as a new \npresident and vice -president shall have been elected and shall have taken over \nthe charge of their duties.].",
"footnote": "",
"is_definition": false,
"sort_order": 359
},
{
"number": "34",
"title": "Section 34. (1)35[On the appointment of an officer unde r sub-section (4) of section 33 or, as",
"chapter": null,
"content": "the case may be, on the election of a new president or vice -president,] it shall be \nthe duty of the retiring president or, as the case may be, vice -president to hand \nover to him charge of his office and deliver to him the record and property \nbelonging to the municipality and in his custody. \n \n(2) The provisions of sub -section (1) shall apply mutatis mutandis in the matter \nof handing over charge of office by a president, vice-president or councillor, who \nceases to hold office for any reason not covered by sub-section (1).",
"footnote": "",
"is_definition": false,
"sort_order": 360
},
{
"number": "35",
"title": "Section 35. (1) A president may resign his office by tendering his resignation in writing to",
"chapter": null,
"content": "the Collector. Such resignation shall take effect on the date on which it is \naccepted by the Collector or on the expiry of thirty days from the date of \ntendering the resignation, whichever event occurs earlier. \n \n(2) A vice-president may resign his office by tendering Ms resignation in writing \nto the municipality. Such r esignation shall take effect on the date on which it is \naccepted by the municipality or on the expiry of thirty days from the date of \ntendering the resignation whichever event occurs earlier. \n \n(3) Any other councillor may resign his office by tendering his resignation in \nwriting to the president. Such resignation shall take effect on the date on which it \nis received by the president. \n \n(4) The date on which the resignation of the president took effect shall be \nnotified in the Official Gazette. \n \n36[(5) If any dispute regarding any resignation arises, it shall be referred for \ndecision to such officer as the State Government may, by general or special or -\nder, appoint in that behalf and decision of such officer shall be final : \n \nProvided that no such dispute shal l be entertained after the expiry of a \nperiod of thirty days from the date on which the resignation took effect: \n \nProvided further that such resignation shall take effect in accordance \nwith the decision of such officer.] \nGuj. 21 of 2011. \nDuty of retiring President, \netc. to hand over charge \nof office. \nResignation of \nPresident, vice-\nPresident or councillor. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n39 of 158",
"footnote": "",
"is_definition": false,
"sort_order": 361
},
{
"number": "36",
"title": "Section 36. (1) A ny councillor of a municipality who intends to move a motion of no",
"chapter": null,
"content": "confidence against its president or vice -president may give a notice thereof, in \nsuch form as may be prescribed by the State Government, to the municipality. If \nthe notice is supported by not less than one -third of the total number of the then \ncouncillors of the municipality, the motion may be moved. \n \n(2) If the motion is carried by a majority of not less than two -thirds of the total \nnumber of the then councillors of the municipality, the pr esident or, as the case \nmay be, the vice -president shall cease to hold office after a period of three days \nfrom the date on which the motion is carried unless he has earlier resigned; and \nthereupon the office held by him shall be declared to be vacant. \n \n(3) Notwithstanding anything contained in this Act or the rules made thereun der, \nthe president, or as the case may be, the vice -president shall not preside over a \nmeeting in which a motion of no confidence against him is discussed; but he \nshall have the right to speak in or otherwise take part in the proceedings of such \nmeeting (including the right to vote).",
"footnote": "",
"is_definition": false,
"sort_order": 362
},
{
"number": "37",
"title": "Section 37. (1) The State Government may remove from office-",
"chapter": null,
"content": "(a) any councillor of a municipality, 37[on its own motion or on receipt \nof] a recommendation of the municipality in that behalf supported by a \nmajority of the total number of the then councillors of the municipality, \nor \n \n(b) any president or vice-president of a municipality, \n \nIf, after giving the councillor, president or , as the case may be, vice-president an \nopportunity of being heard and giving due notice in that behalf to the municipal -\nity and after making such inquiry as it deems necessary, the State Government is \nof the opinion that the councillor, president or, as the case may be, vice-president \nhas been guilty of misconduct in the discharge of his duties or of any disgraceful \nconduct or has become incapable of performing his duties under this Act. \n \n(2) A president or vice -president removed under sub -section (1) shall not be \neligible for re -election as a president or vice -president during the remainder of \nthe term of the municipality. \n \n38[37A. Notwithstanding that a councillor has resigned his office under section 35, if it \nappears to the State Government that the councillor during the period he held office as a \ncouncillor has been guilty of misconduct in the discharge of his duties or of any \ndisgraceful conduct, the State Government may disqualify him from becoming a \ncouncillor or a councillor or member of any other local authority for a period of five \nyears from the date of its order : \n \nProvided that no action against the councillor so resigned shall be taken under \nthis section after the expiry of one year from the date of his resignation and with out \ngiving him a reasonable opportunity of being heard.]",
"footnote": "",
"is_definition": false,
"sort_order": 363
},
{
"number": "38",
"title": "Section 38. (1) If any councillor during the term for which he has been elected or nominated-",
"chapter": null,
"content": "(a) becomes subject to any disqualification specified in section 11, or \n \n(b) acts as a councillor in any matter- \n \n(i) in which he has directly or indirectly, by himself or his \npartner, any such share or interest as is described in clause (i), \n(ii), ( iii), (v) or (vii) of sub -section (3) of section 11, whatever \nmay be the value of such share or interest, or \n \nMotion of no \nconfidence. \nRemoval \nfrom office. \nResignation not to \naffect subsequent \ndisqualification of a \ncouncillor. \nDisabilities from \ncontinuing as a \ncouncillor. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n(ii) in which he is professionally interested on behalf of a \nprincipal or other person, or \n \n(c) is professionally interested or engaged in any case for or against the \nmunicipality, or \n \n(d) departs beyond the limits of the State with the declared or known \nintention of absenting himself continuously for a period exceeding six \nmonths, \n \nhe shall subject to the provisions of sub -section (2) be disabled from \ncontinuing to be a councillor and his office shall become vacant. \n \n(2) In every case, the authority competent to decide whether a vacancy has arisen \nshall be the Collector. The Collector may give his decision either on an \napplication made to him by any person or on his own motio n after giving the \ncouncillor a reasonable opportunity of being heard. \n \n(3) Until the Collector decides under sub -section (2) that the vacancy has arisen, \nthe councillor shall not be disabled under sub-section (1) from continuing to be a \ncouncillor. \n \n(4) Any person aggrieved by the decision of the Collector may, within a period \nof fifteen days from date of such decision, appeal to the State Government and \nthe orders passed by the State Government in such appeal shall be final.",
"footnote": "",
"is_definition": false,
"sort_order": 364
},
{
"number": "39",
"title": "Section 39. (1) Any Councillor who during his term of office-",
"chapter": null,
"content": "(a) absents himself for more than three consecutive months from the municipal \nborough unless leave not exceedi ng four months so to absent him self has been \ngranted by the municipality, or \n \n(b) absents himself for four consecutive months from the meetings of the \nmunicipality without the leave of the municipality, \n \nshall cease to be a councillor and his office shall be vacant. \n \n(2) In every case, the authority competent to decide whether a vacancy has or has \nnot occurred under this section shall be the Collector. The Collector may give his \ndecision either on an application made to him by any person or on his own \nmotion after giving the councillor a reasonable opportunity of being heard. \n \n(3) Whenever leave is granted under sub -section (1) to a councillor who is a \nvice-president, another member shall be elected to perform all the duties and \nexercise all the powers of the vice -president during the period for which such \nleave is granted",
"footnote": "",
"is_definition": false,
"sort_order": 365
},
{
"number": "40",
"title": "Section 40. (1) The State Government or any officer authorised by it, may suspend from",
"chapter": null,
"content": "office a president or vice -president against whom any criminal proceedings in \nrespect of any offence all eged to have been committed by hi m under the \nPrevention of Corruption Act, 1947 or the Bombay Prohibition Act, 1949 or \nwhile acting or purporting to act in the discharge of his duties under this Act \nhave been instituted or who has been detained in a prison during trial under the \nprovisions of any law for the time being in force. \n \n(2) Should a president or vice -president be suspended under sub -section ( 1) a \ncouncillor shall be elected to perform all the duties and exercise all the powers of \na president or, as the case may be, vice -president d uring the period for which \nsuch suspension continues. \n \n(3) An appeal shall lie to the State Government against an order passed by the \nLeave of absence. \nSuspension of \nPresident or Vice-\nPresident. \n2 of 1947. \nBom XXV \nof 1949. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n41 of 158 \nauthorised officer under sub -section (1). Such appeal shall be made within a \nperiod of thirty days from the date of the order.",
"footnote": "",
"is_definition": false,
"sort_order": 366
},
{
"number": "41",
"title": "Section 41. Any person disabled under section 38 from continuing as a councillor shall be",
"chapter": null,
"content": "eligible for re-election on his disability ceasing. \n \n39[42. (1) When any vacancy occurs due to fai lure to elect the full number of \ncouncillors at a general election or due to the non -acceptance of office by a \nperson elected to be a councillor, or due to an election set aside under provisions \nof sub-section (2) of section 14, or any vacancy of a councillor occurs due to any \nreason, the Chief Officer of the municipality and in the absence of the Chief \nOfficer such officer as the Collector may, by a general or special order, designate \nfor the purpose shall within fifteen days from the date on which the vac ancy \noccurs give a notice thereof to the State Election Commission. \n \n(2) On receipt of a notice under sub -section (1), the State Election Commission \nshall arrange for holding an election to fill the vacancy within six months from \nthe date on which such vacancy has arisen. \n \n(3) When any vacancy of a president or vice -president occurs due to any reason, \nthe Chief Officer of the municipality and in the absence of the Chief Officer, \nsuch officer as the Collector may, by a general or special order, designate for the \npurpose shall within fifteen days from the date on which the vacancy occurs give \na notice thereof to the Collector. \n \n(4) On receipt of a notice under sub -section (3), the Collector shall call, within \ntwenty five days from the date of the receipt of th e notice, a general meeting of \nthe municipality for the election of the president or, as the case may be, vice -\npresident and the provisions of sections 31 and 32 shall mutatis mutandis apply \nto such meetings and election. \n \n(5) A person elected as a council lor under sub -section (2) of this section or \nelected as a president or vice-president under sub-section (4) of this section shall \nhold office so long only as the councillor, president or vice president in whose \nplace he is elected, would have held office had the vacancy not occurred. \n \n(6) Notwithstanding anything contained in sub-section (2), where any vacancy of \na councillor occurs within six months preceding the date on which the duration \nof the municipality expires, it shall not be filled. \n \n(7)When the o ffice of both president and the vice -president become vacant \nsimultaneously, any councillor as the Collector may authorize in this behalf, \nshall, pending the election of the president exercise all the powers and perform \nall the functions and duties of the president.]",
"footnote": "",
"is_definition": false,
"sort_order": 367
},
{
"number": "43",
"title": "Section 43. No act or proceedings of the municipality or of any committee constituted under this",
"chapter": null,
"content": "Act shall be questioned on account of any vacancy in its body. \n \n \n(2) Municipal Government. \nFunctions of President or Vice-President.",
"footnote": "",
"is_definition": false,
"sort_order": 368
},
{
"number": "44",
"title": "Section 44. (1) Except as in this Act otherwise expressly provided, the municipal",
"chapter": null,
"content": "Government of a municipal borough vests in the municipality. \n \n(2) The executive power for the purpose of carrying out the provisions of this \nAct vests in the Chief Officer appointed under section 47, subject, wherever it is \nin this Act expressly so directed, to the approval or sanction of the muni cipality \nor of the executive committee and subject also to all other restrictions, \nlimitations and conditions imposed by this Act and the rules made thereunder. \nEligibility of certain \nmembers for re-\nelection. \nFilling of \nvacancies. \nVacancy in Munici-\npality etc., not to \ninvalidate its proceed-\nings. \nMunicipal \nGovernment vests in \nthe municipality. \nExecutive Power \nvests in the Chief \nOfficer. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963",
"footnote": "",
"is_definition": false,
"sort_order": 369
},
{
"number": "45",
"title": "Section 45. It shall be the duty of the president of a municipality-",
"chapter": null,
"content": "(a) to p reside, unless prevented by reasonable cause, at all meetings of the \nmunicipality, and subject to the provisions of the rules for the time being in force \nunder clause (a) of section 271 to regulate the conduct of business at such \nmeetings; \n \n(b) to watch ov er the financial and executive administration of the municipality \nand to perform such executive functions as may be allotted to him by or under \nthis Act ; \n \n(c) to exercise supervision and control over the acts and proceedings of all \nofficers and servants o f the municipality in matters of executive administration \nand in matters concerning the accounts and records of the municipality; and, \nsubject to the rules of the municipality for the time being in force, and for \nreasons to be recorded in writing to revise , set aside or modify any order of the \nchief officer relating to the service of the said officers and servants and their pay, \nprivileges and allowances; \n \n(d) the president of a municipality may in cases of emergency direct in writing \nthe execution or stoppage of any work or the doing of any act which requires the \nsanction of the municipality, and the immediate execution or stoppage or doing \nof which is, in his opinion necessary for the service or safety of the public, and \nmay direct in writing that the expe nse of executing such work or doing such act \nshall be paid from the municipal fund : \n \nProvided that- \n \n(a) he shall not act under this section in contravention of any order of the \nmunicipality prohibiting the execution of any particular work or the doing of any \nparticular act, and \n \n(b) he shall report forthwith the action taken under this section and the reason \ntherefor to the executive committee and the municipality at the next meeting \nthereof.",
"footnote": "",
"is_definition": false,
"sort_order": 370
},
{
"number": "46",
"title": "Section 46. It shall be the duty of the vice-president of a municipality-",
"chapter": null,
"content": "(a) in the absence of the president and unless prevented by reasonable cause, to \npreside at the meetings of the municipality and he shall when so presiding \nexercise the same authority as is vested in the president under c lause (a) of \nsection 45 ; \n \n(b) to exercise such of the powers and perform such of the duties of the president \nas the president may from time to time depute to him; and \n \n(c) pending the election of a president, or during the absence of the president, to \nexercise the powers and perform the duties of the president. \n \n40[(3) Officers and servants of the municipalities] \n \n41[47. (1) (a) For every municipality there shall be a Chief Officer appointed by the \nState Government. \n \n(b) The Chief Officer of a municipality shall forthwith be transferred \nfrom that municipality by the State Government if a resolution to that \neffect is passed by the municipality with not less than two -thirds of the \ntotal number of councillors o f the municipality voting in favour of such \nresolution. \n \nFunctions of \nPresident. \nFunctions of \nVice-Presi-\ndent. \nAppointment of Chief \nOfficers and other \nOfficers. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n43 of 158 \n(2) A municipality may, with the previous sanction of the Director, and shall, if \nso required by the State Government, create all or any of the following posts, \nnamely :- \n \n(i) a municipal engineer, \n \n(ii) a water works engineer, \n \n(iii) a municipal health officer, \n \n(iv) a municipal auditor, \n \n(v) a municipal education officer, and \n \n(vi) any other officer as may be designated by the State Government in \nthis behalf. \n \n(3) Subject to the provisions of sectio n 47A, the recruitment and conditions of \nservice of the officers referred to in sub-sections (1) and (2) shall be such as may \nbe prescribed. \n \n(4) Subject to the provisions of section 47A, the power to make appointment to \nthe posts referred to in sub-section (2) shall vest in the municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 371
},
{
"number": "47A",
"title": "Section 47A. (1) If, the State Government is of the opinion that it is necessary and expedient",
"chapter": null,
"content": "so to do for bringing about a uniform and a more efficient service of officers in \nmunicipalities for the purpose of carrying out the functions and duties under this \nAct, it may, notwithstanding anything contained in this Act, by notifications in \nthe Official Gazette- \n \n(a) constitute in respect of all municipalities in municipal boroughs \nhaving such population of such number as may be specified in the \nnotification a municipal service or services (to be called by such \ndesignation as may be specified in the notification) of- \n \n(i) Chief Officers of such municipalities, and \n \n(ii) all or any other office rs referred to in sub -section (2 ) of \nsection 47; \n \n(b) direct from time to time that each such municipal service shall consist \nof such classes, cadres and posts (including grades of posts); and \n \n(c) specify the initial strength of officers in each such class or cadre. \n \n(2) The State Government may make rules for,- \n \n(a) regulating the mode of recruitment by holding examinations or \notherwise, including provision for the absorption in municipal service \nconstituted under this section, or otherwise, of persons al ready working \nunder any municipality; \n \n(b) providing for terminal benefits such as compensation, pension or \ngratuity or the like, to persons who elect not to be absorbed in any such \nservice or who elect to retire; and \n \n(c) the conditions of service of pers ons appointed to, or absorbed to such \nmunicipal services: \n \nProvided that the conditions of service of any person absorbed in \nany such service shall not be less advantageous than those applicable to \nConstitution of \nMunicipal Services. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nhim immediately before such absorption. \n \n(3) The provisions of section 48 shall cease to apply to persons appointed to or \nabsorbed in such municipal services constituted under this section : \n \nProvided that, such cessor shall not, in relation to persons absorbed, in \nany such service, affect the previous operation of section 48 in respect of \nanything done or omitted to be done before such absorption. \n \n(4) Notwithstanding anything contained in sub -section (4) of section 47, the \npower to appoint officers of any municipal service constituted under this section \nincluding promotions, transfers, and powers in relation to all matters regarding \ntheir conditions of service shall vest in the State Government. \n \n(5) The officers included in any municipal service constituted under this section \nshall be the servants of the State G overnment; but they shall draw their salaries \nand allowances directly from the municipal fund. \n \n(6) There shall be paid every year out of the municipal fund to the State \nGovernment such cost as the State Government may determine on account of \npension, leave and allowances other than those drawn from the municipal fund \nunder sub -section (5) of the officers belonging to any of municipal services \nconstituted under this section and all the expenses incurred by the State \nGovernment for administering the municipa l service or services constituted \nunder this section. If any municipality fails to pay such cost and expenses or the \nsalaries and allowances of such officers within the period prescribed in this \nbehalf, then the provision of sub -section (3) of section 262 shall apply to the \npayment of such cost and expenses or the salaries and allowances of such \nofficers as they apply in relation to the payment of the expense and remuneration \nnot paid under that section.",
"footnote": "",
"is_definition": false,
"sort_order": 372
},
{
"number": "48",
"title": "Section 48. (1) Without prejudice t o the provisions of any law for the time being in force,",
"chapter": null,
"content": "and subject to any rules made under section 47A, the following penalties may, \nfor good and sufficient reasons be imposed upon any officer or servant of a \nmunicipality, namely :- \n \n \n(i) censure, \n \n(ii) withholding of increments or promotion including stoppage at an \nefficiency bar; \n \n(iii) reduction to a lower post on a fixed pay or a time -scale or to a lower \nstage in a time-scale; \n \n(iv) recovery from his pay of the whole or part of any pecuniary loss \ncaused to the municipality by negligence or breach of orders; \n \n(v) fine; \n \n(vi) suspension; \n \n(vii) removal from service, which does not disqualify him from future \nemployment; \n \n(viii) dismissal from service, which ordinarily disqualifies him from \nfuture employment. \n \n(2) Any of the penalties mentioned in sub -section (1) may be imposed on an \nofficer or servant of a municipality by the authority competent to make the \nappointment of such officer or servant. \nImposition of \npenalties. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n45 of 158 \n \n(3) No officer or servant shall be reduced to a lower post or removed or \ndismissed from service and no punishment involving any monetary loss shall be \nimposed on him under this section unless he has been given a reasonable \nopportunity of showing cause against such reduction, removal, dismissal or \npunishment: \n \nProvided that this sub-section shall not apply- \n \n(a) where a person is reduced, removed or dismissed or punished on the \nground of conduct which has led to his conviction or a criminal charge, \nor \n \n(b) where the competent authority is satisfied that, for reasons to be \nrecorded in writing by such authority; it is not reasonably practicable to \ngive to such person an opportunity to show cause. \n \n(4) An appeal shall lie to the authority mentioned in column (2) of the table \nbelow against any order imposing any penalty made by the authority mentioned \nin column (1) of the said table. \n \nTABLE \n \nAuthority imposing the penalty Superior authority to which appeal \n may lie. \n (1) (2) \n \nChief Officer Executive Committee \n \nExecutive Committee or President Municipality \n \nMunicipality Director \n \n \n(5) No such appeal shall be entertained unless it is preferred within one month \nfrom the date of receipt of the order appealed against by the officer or servant \nconcerned.",
"footnote": "",
"is_definition": false,
"sort_order": 373
},
{
"number": "49",
"title": "Section 49. (1) The Chief Officer shall,-",
"chapter": null,
"content": "(a) subject to the control, direction and supervision of the President, \nsupervise the financial and executive administration of the municipality \nand perform such duties and exercise su ch powers as may be imposed or \nconferred upon him or delegated to him by or under the Act; \n \n(b) take steps to give effect to all the decisions or resolutions of the \nMunicipality; \n \n(c) cause to be maintained and supervise the accounts and registers of the \nMunicipality; \n \n(d) subject to the orders of the municipality, take prompt steps to remove \nany irregularity pointed out by an auditor; \n \n(e) prepare budget estimates and submit them to the executive \ncommittee; \n \n(f) report all cases of fraud, embezzlement, the ft or loss of municipal \nmoney and property to the President and the relevant Committee ; \n \nPowers and duties \nof Chief Officer. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n(g) exercise supervision and control over the acts and proceedings of all \nthe officers and servants of the municipality ; \n \n(h) subject to the rules, by-laws and general or special orders made under \nthe Act, determine all questions relating to pay, allowances, leave and \nother benefits in respect of the officers and servants of the municipality ; \n \n(i) furnish to the Collector or such other officer as the Collector shall \nfrom time to time nominate in this behalf, a copy of every resolution \npassed at any meeting of the municipality. \n \n(2) The Chief Officer may with the previous sanction of the Director delegate \nany of the powers or duties to any municipal officer or servant: \n \nProvided that, such delegation shall be subject to such limitations, if any, \nas may be prescribed by the Director and also to the control and revision by the \nChief Officer.",
"footnote": "",
"is_definition": false,
"sort_order": 374
},
{
"number": "50",
"title": "Section 50. (1) A municipality may with the previous sanction of the Director, create such",
"chapter": null,
"content": "posts of officers and servants other than those specified in sub -sections (1) and \n(2) of section 47 us it shall deem necessary for the purposes of carrying out the \nduties under the Act. \n \n(2) The recruitment of such officers and servants and their condition of service \nshall be such as may be determined in accordance with rules made under section",
"footnote": "",
"is_definition": false,
"sort_order": 375
},
{
"number": "271",
"title": "Section 271. (3) The power to make appointment in any post referred to in sub -section ( 1)",
"chapter": null,
"content": "shall vest in t he municipality or in the authority empowered by the munici pality \nby rules made in this behalf under section 271. \n \n42[50A. (1) Where the municipality has established a provident fund for the Providen t \nbenefit of any of its officers and servants, such fund shall, notwithstanding \nanything contained in any law for the time being in force, be deposited in the \nState Government treasury in accordance with such directions as the State \nGovernment may, from time to time, by an order in writing give and thereupon,- \n \n(i) the subscriber to the fund shall be entitled to interest on the balance in \nhis provident fund account at the same rate, at which the State \nGovernment servant is for the time being entitled to on the balance in his \nprovident fund account, and \n \n(ii) the rules for the time being in force relating to the limits of \nwithdrawals from the provident fund as applicable to such Government \nservant shall, so far as may be, apply to the subscriber. \n \n(2) Nothing in this section shall apply to a provident fund established by the \nmunicipality to which the Employees' Provident Funds Act, 1952 applies.] \n \nCHAPTER IV. \nCONDUCT OF BUSINESS. \n \n(1) Municipal Meetings.",
"footnote": "",
"is_definition": false,
"sort_order": 376
},
{
"number": "51",
"title": "Section 51. The following provisions shall be observed with respect to the meetings of a",
"chapter": null,
"content": "municipality:- \n \n(1) There shall be held four ordinary general meetings in each year for the \ndisposal of general business, in the months of January, April , July and October, \nrespectively, and such other ordinary general meetings as the president may find \nnecessary. It shall be the duty of the president to fix the dates for all ordinary \nAppointment of other \nofficers and servants \nof municipalities. \nProvident Fund to be \ndeposited in \nGovernment \nTreasury. \nXIX of 1952. \nProvisions in regard \nto meetings of \nmunicipality and \nprocedure. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n47 of 158 \ngeneral meetings. \n \n(2) The president may, whenever he thinks fit, and shall, upon the written request \nof not less than one -third of the councillors in the case of a motion of no \nconfidence against the president or vice -president and one -fourth of the \ncouncillors in any other case and on a day not later than fifteen days after the \npresentation of such request, call a special general meeting. If the president fails \nto call a special general meeting as provided in this clause , the vice -president \nshall call such meeting on a day not later than thirty days after the presentation \nof such request: \n \nProvided that where the president and the vice -president fail to call such \nmeeting, the Chief Officer shall make a report thereof to the Collector who shall \ncall the meeting on a day not later than thirty days after the presentation of such \nreport. \n \n(3) Seven clear days' notice of an ordinary general meeting, and three clear days' \nnotice of a special general meeting, specifying the time and place at which such \nmeeting is to be held and the business to be transacted thereat shall be served \nupon the councillors, and posted up at the municipal office or the local kacheri \nor some other public building in the municipal borough. The said notice shall \ninclude any motion or proposition where of a councillor shall have given written \nnotice, not less th an ten clear days previous to the meeting of his intention to \nbring forward thereat, and in the case of a special general meeting any motion or \nproposition mentioned in any written request made for such meeting. \n \n(4) Every meeting of a municipality shall, except for special reasons to be \nmentioned in the notice convening the meeting, be held in the building used as a \nmunicipal office by such municipality. \n \n(5) Every meeting shall, in the absence of both the president and vice-president \nbe presided over by such one of the councillors present as may be chosen by the \nmeeting to be chairman for the occasion, and such chairman shall exercise \nthereat the powers vested in the president by clause (a) of section 45. \n \n(6) Every meeting shall be open to the public unl ess the presiding authority \ndeems any inquiry or deliberation pending before the municipality such as \nshould be held in private : \n \nProvided that the said authority may at any time cause any person to be \nremoved who interrupts the proceedings : \n \nProvided further that the presiding authority may cause to be removed \nfrom the meeting any councillor who does not obey his ruling. \n \n(7) If less than one -third of the whole number of councillors be present at a \nmeeting at any time from the beginning to the end thereof , the presiding \nauthority shall after waiting for not more than 30 minutes adjourn the meeting to \nsuch hour on the following or some other future day as he may reasonably fix; a \nnotice of such adjournment shall be fixed up in the municipal office, and the \nbusiness which would have been brought before the original meeting, had there \nbeen a quorum thereat, shall be brought before the adjourned meeting and may \nbe disposed of at such meeting or at any subsequent adjournment thereof \nwhether there be a quorum present or not. \n \n(8) Except with the permission of the presiding authority which permission shall \nnot be given in the case of a motion or proposition to modify or cancel any \nresolution within three months after the passing thereof, no business shall be \ntransacted and no proposition shall be discussed at any general meeting unless it \nhas been entered in the notice convening such meeting or, in the case of a special \ngeneral meeting, in the written request for such meeting. The order in which any \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nbusiness or prop osition shall be brought forward at such meeting shall be \ndetermined by the presiding authority who in case it is proposed by any member \nto give priority to any particular item of such business or to any particular \nproposition, shall put the proposal to th e meeting and be guided by the majority \nof votes given for or against the proposal. \n \n (9) In every municipality there shall be kept in Gujarati minutes of the names of \nthe councillors and of the officers of Government or of a panchayat, if any, \npresent und er the provisions of clause ( 14), and of the proceedings at each \ngeneral meeting in a book to be provided for this purpose; such minutes shall be \nsigned, as soon as practicable, by the presiding authority and shall at all \nreasonable times be open to inspec tion by any inhabitant of the municipal \nborough. If any councillor expresses a desire at the meeting that the mode in \nwhich he voted or the nature of his vote should be recorded, the minutes shall \nspecify the fact accordingly. \n \n(10) Save as otherwise provi ded by or under this Act , all questions shall be \ndecided by a majority of votes of the councillors present and voting, the \npresiding authority having a second or casting vote in all cases of equality of \nvotes. Votes shall be taken and result recorded in su ch m anner as may be \nprescribed by rules in that behalf for the time being in force under clause (a) of \nsection 271. \n \n(11) Any general meeting may, with the consent of a majority of the councillors \npresent, be adjourned from time to time to a later hour on the same day or to any \nother day; but no business shall be transacted at any adjourned meeting, other \nthan that left undisposed of at the meeting from which the adjournment took \nplace. \n \nA notice of such adjournment posted in the Municipal office shall be \ndeemed sufficient notice of the adjourned meeting. \n \n(12) No resolution of a municipality shall be modified or cancelled within three \nmonths after the passing thereof, except by a resolution supported by not less \nthan one -half of the whole number of councill ors and passed at a general \nmeeting, whereof notice shall have been given fulfilling the requirements of \nclause (3) and setting forth fully the resolution which it is proposed to modify or \ncancel at such meeting and the motion or proposition for the modifi cation or \ncancellation of such resolution. \n \n(13) Except for reasons which the presiding authority deems urgent, no business \nrelating to any work which is being executed for the municipality by a \nGovernment executive engineer or to any educational mater sha ll be transacted \nat any meeting of a municipality unless, at least fifteen days previous to such \nmeeting a letter has been addressed to the said executive engineer or to the \ndeputy educational inspector of the district, informing him of the intention to \ntransact such business thereat, and of the motions or propositions to be brought \nforward concerning such business. \n \n(14) (a)The executive engineer, deputy educational inspector and the assistant \ndirector of public health, and the civil surgeon in a district or any other \nGovernment officer or any officer of a panchayat when charged with any \nof the duties of a, health officer therein, shall have the right of being \npresent at any meeting of such municipality with the consent of the \nmunicipality, each of them may take part at such meeting in the \ndiscussion or consideration of any question on which, in virtue of the \nduties of his office, he considers his opinion or the information which he \ncan supply will be useful to such municipality : \n \nProvided that the said off icers shall not be entitled to vote upon \nany such question. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n49 of 158 \n \n(b) If it shall appear to a municipality that the presence of the executive \nengineer, deputy educational inspector, assistant director of public health \nor civil surgeon in the district or any oth er Government officer or any \nofficer of a pachayat is desirable for the purpose aforesaid at any meeting \nof such municipality, it shall be competent to such municipality, by letter \naddressed to such officer not less than fifteen days previous to the \nintended meeting to require his presence thereat; and the said officer \nunless prevented by sickness; or other reasonable cause, shall be bound \nto attend such meeting: \n \nProvided that such officer on receipt of such letter may, if unable \nto be present himself, ins truct a deputy or assistant or other competent \nsubordinate as to his views, and may sent him to the meeting as his \nrepresentative instead of appearing thereat in person.",
"footnote": "",
"is_definition": false,
"sort_order": 377
},
{
"number": "52",
"title": "Section 52. The chief officer shall be present at every meeting of the municipality, and may with",
"chapter": null,
"content": "the permission of the president or of the municipality make an explanation or a statement \nof facts in regard to any subject under discu ssion at such meeting. but shall not to vote \nupon or make any proposition at such meeting. \n \n(2) Committees.",
"footnote": "",
"is_definition": false,
"sort_order": 378
},
{
"number": "53",
"title": "Section 53. (1) In every municipality there shall be a committee called the Executive",
"chapter": null,
"content": "Committee consisting of such number of councillo rs not being more than twelve \nnor less than six, as the municipality may determine and elected by the \nmunicipality in accordance with rules framed under clause (a) of section 27 1. \nThe members so elected shall hold office for a period of one year. \n \n (2) The Executive Committee shall exercise the functions allotted to it under \nthis Act and subject to any limitations prescribed by the municipality especially \nin this behalf or generally by rules made under clause (a) of section 27 1 and to \nthe provisions of sections 49, 54 and 55 shall exercise all the powers of the \nmunicipality.",
"footnote": "",
"is_definition": false,
"sort_order": 379
},
{
"number": "54",
"title": "Section 54. (1) In every municipality notified by the State Government in this behalf , there",
"chapter": null,
"content": "shall be a committee called the Pilgrim Committee consisting of four councillors \nof whom one shall be the President of the municipality and the other three shall \nbe elected in accordance with rules made under clause (a) of section 271 and of \ntwo persons appointed by the State Government, both of whom may be salaried \nservants of the Government. \n \n(2) The members of the Pilgrim Committee shall hold office for the duration of \nthe municipality and thereafter up to the date on which the new Pilgrim \nCommittee is constituted in accordance with the provisions of this section. \n \n(3) In the case of supersession of the municipality or of the Pilgrim Committee, a \nnew Pilgrim Committee shall be constituted by the 43[Director] such Committee \nshall consist of six persons nominated by the 43[Director] and shall continue until \nthe municipality is re established, and a new Pilgrim Committee is constituted in \naccordance with the provisions of this section, or in case of supersession of the \nPilgrim Committee, until the Pilgrim Committee is reestablished. \n \n(4) The Pilgrim Committe e shall manage and administer the Pilgrim fund \nestablished under proviso (c) to section 82 and shall exercise the powers and \nperform the duties of the municipality in respect of the said fund and of works \nconstructed or maintained out of the said fund and shall exercise such other \npowers and perform such other duties as may be allotted to it by the municipality \nsubject to such limitations and restrictions as may be prescribed by the \nmunicipality by rules made in this behalf under clause (b) of section 271. \n \nThe Chief officer to \nbe present at every \nmeeting of the \nMunicipality but not \nto vote upon or make \nany proposition. \nExecutive \ncommittee. \nPowers of \nExecutive \ncommittee. \nPilgrim Committee. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n(5) All the provisions of this Act relating to the duties, powers, liabilities, dis -\nqualifications and disabilities of councillors shall be applicable, so far as may be, \nto the members nominated on the Pilgrim Committee. \n \n(6) In the event of the death, re signation, disqualification, disability or removal \nof a nominated member previous to the expiry of his term of office, the vacancy \nshall be filled up by the appointment of a person thereto who hold office so long \nonly as the person in whose place he is app ointed would have held it if the \nvacancy had not occurred. \n \n(7) Section 63 shall not apply to the Pilgrim Committee provided that the \nmunicipality shall have power at any time, to call for any extract from any \nproceedings of the Pilgrim Committee and for a ny return, statement of account \nor report concerning or connected with any matter with which the Pilgrim \nCommittee deals and every such requisition shall, without unreasonable delay, \nbe complied with by the Pilgrim Committee. \n \n(8) The provisions of sections 77, 78 and 79 shall, so far as may be, apply to the \nPilgrim Fund Account and the Pilgrim Committee shall, with respect to the \npreparation and submission to the municipality of its annual budget follow the \nfollowing procedure, namely:- \n \nThe Pilgrim Commit tee shall in sufficient lime submit its annual budget \nand all alterations there in to the municipality for consideration, and if the \nmunicipality agree to it, for its incorporation in the general municipal budget. If \nthe municipality do not agree to the bu dget as framed by the Pilgrim Committee, \nthey shall return it to the Pilgrim Committee for reconsideration, either in whole \nor in part, together with any alterations, which they may recommend, and if the \nPilgrim Committee agrees to those alterations, the b udget so altered shall be \nincorporated in the general municipal budget. If the municipality and the Pilgrim \nCommittee fail to reach an agreement, the budget with a statement of the points \nin dispute, shall be referred by the municipality to the 44[Director] whose \ndecision on such points shall be final \n \n(9) The provisions of sections 257, 258, 259, 262 and 263 shall apply to a \nPilgrim Committee and in their application to a Pilgrim Committee , the said \nsections shall be construed so far as may be, as if for t he word \" municipality \" \noccurring in the said sections, the words \"Pilgrim Committee\" were substituted.",
"footnote": "",
"is_definition": false,
"sort_order": 380
},
{
"number": "55",
"title": "Section 55. (1) Notwithstanding anything contained in sub -section (2) of section 53 , other",
"chapter": null,
"content": "committees consisting of such number of councillo rs as the municipality may \ndecide, may be appointed to exercise the powers and perform the duties of the \nmunicipality in respect of any purpose not being, where a Pilgrim Committee is \nappointed, powers or duties referred to in section 54. The executive com mittee \nshall not exercise any powers or perform any duties which such Committee has \nbeen appointed to exercise or perform. \n \n \n(2) The members of such committees shall be elected by the munici pality in \naccordance with the ru les framed under clause (a) of sec tion 271 and such \nmembers shall hold office for a period of one year.",
"footnote": "",
"is_definition": false,
"sort_order": 381
},
{
"number": "56",
"title": "Section 56. A municipality may from time to time appoint such other committees consisting of",
"chapter": null,
"content": "such councilors as it thinks fit, and may refer to such committees for enqu iry and report \nor for opinion such special subjects relating to the purposes of this Act as the \nmunicipality shall think fit, and may at any time discontinue or alter the con stitution of \nany such Committee. The municipality may direct that the report of an y such committee \nshall be made to the executive committee, or to a committee appointed under section 55 \ninstead of to the municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 382
},
{
"number": "57",
"title": "Section 57. Notwithstanding anything contained in this Act, it shall be lawful for a municipality",
"chapter": null,
"content": "Other Committees. \nConsultative \nCommittees. \nWhen person other than \ncouncillors may serve \non Committee. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n51 of 158 \nfrom time to time by a resolution supported by not less than one half of the whole \nnumber of councillors, to elect as members of any committee appointed under section \n56, any person of either sex, who is not a councillor but w ho in the opinion of such \nmunicipality possesses special qualifications for serving on such committee or who \nrepresents any authority or interests : \n \nProvided that the number of persons so elected on any Committee shall not \nexceed one-third of the total number of the members of such Committee. \n \nAll the provisions of this Act relating to the duties, powers, liabilities, \ndisqualifications and disabilities of councillors shall be applicable so far as may be to \nsuch persons.",
"footnote": "",
"is_definition": false,
"sort_order": 383
},
{
"number": "58",
"title": "Section 58. A vacancy occurring in an Executive Committee or in a committee appointed under",
"chapter": null,
"content": "section 55 shall, as soon as possible, and a vacancy occurring in any other committee \nmay, be filled up by the election of a member thereto subje ct to the same provisions as \nthose under which the member whose place is to be filled up was elected. A person \nelected under this section shall hold office so long only as the person in whose place he \nis elected would have held it if the vacancy had not oc curred. No person shall be \nineligible at any time for election as a member of any such committee on the ground that \nhe has, previously been a member of that committee.",
"footnote": "",
"is_definition": false,
"sort_order": 384
},
{
"number": "59",
"title": "Section 59. (1) The president or vice -president, if elected a member of any committee, shall",
"chapter": null,
"content": "be ex-officio chairman thereof: \n \nProvided that in the case of a Pilgrim Committee , the President shall be \nEx-offico Chairman thereof. \n \n(2) A municipality may appoint a Chairman for a Committee of which there is no \nex-officio Chairman. \n \n(3) A committee of which there is an ex-officio Chairman or a chairman \nappointed by the municipality, shall, at each meeting which such chairman does \nnot attend, appoint from its members a chairman for such meeting. \n \n(4) A committee, of which there is no ex-officio Chairman or a chairman \nappointed by the municipality, shall appoint from time to time a chairman from \nthe members of such committee.",
"footnote": "",
"is_definition": false,
"sort_order": 385
},
{
"number": "60",
"title": "Section 60. (1) The provision of clauses (4), (9) and (14) of section 51 shall be complied",
"chapter": null,
"content": "with in all proceedings of committees as if meetings of committees were \nincluded in all references to meetings, of municipality contained in those \nprovisions, and as if for the word \"municipality\" where it occurs in claus e (9) of \nsection 51 and the proviso to sub -clause (c) of clause (14) thereof, there was \nsubstituted the word \"committee\". \n \nIf the chairman of any committee has been absent from the municipal \nborough for a period exceeding fifteen days, the president or vic e-president may, \nin his absence, call a meeting thereof. \n \n (2) A committee may meet and adjourn as it thinks proper; but the chairman of a \ncommittee may whenever he thinks fit, and shall, upon the written request of t he \npresident of the municipality or of not less than two members of the committee \nand for a date not more than two days after the presentation of such request, call \na special meeting of such committee. \n \n (3) No business shall be transacted at any m eeting of a committee unless more \nthan one-third of the members of the committee be present thereat.",
"footnote": "",
"is_definition": false,
"sort_order": 386
},
{
"number": "61",
"title": "Section 61. (1) Notwithstanding anything contained in section 60, the chairman of a",
"chapter": null,
"content": "committee may, instead of convening a meeting, circulat e a written proposition \nDuties etc., of \nsuch persons. \nCasual \nvacancies, \nreeligibility. \nEx-officio and \nappointed \nChairman. \nNon-attendance \nof Chairman. \nProcedure at \nmeetings. \nMeeting and \nadjournment of \ncommittees. \nQuorum. \nProcedure by \ncircular. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nof his own or of any other member of the committee or of any executive officer \nof the municipality for the observations and votes of the members of the \ncommittee. \n \n (2) Previous to circulating any such proposition as aforesaid, the chairman may \nit he thinks fit, and if the business to which it relates is of the nature described in \nclause (13) of section 51, shall obtain thereupon the remarks, if any, which a ny \nofficer of the Government or of a panchayat whose presence the municipality \nwould be entitled to require under the provisions of sub -clause (b) of clause (14) \nof section 51, desires to record. \n \n (3) The decision on any proposition so circulated shall be in accordance with the \nmajority of voles of the members of the committee who vote upon it, unless a \nspecial meeting is convened to consider the said proposition on a request being \nmade by not less than two members in respect of the proposition. \n \n(4) Every decision arrived at by a committee under this section shall be recorded \nin the minute book.",
"footnote": "",
"is_definition": false,
"sort_order": 387
},
{
"number": "62",
"title": "Section 62. (1) A committed shall conform to any instructions that may from time to time be",
"chapter": null,
"content": "given to it by the municipality; the municipality may at any time call for any \nextract from any proceedings of any committee and for any return, statement, \naccount or report in connection with any matter with whi ch any committee has \nbeen authorized or directed to deal; every such requisition, shall, without \nunreasonable delay, be complied with by the committee so called upon. \n \n(2) Every order passed by an executive committee other than orders under sub -\nsection (3) of section 108, shall be subject to such revision and open to such \nappeal as may be required or allowed in respect thereof by any rules of the \nmunicipality for the time being in force under section 271.",
"footnote": "",
"is_definition": false,
"sort_order": 388
},
{
"number": "63",
"title": "Section 63. Any powers or duties or executive functions which may be exercised or performed",
"chapter": null,
"content": "by or on behalf of the municipality may be delegated in accordance with rules to be \nmade by the municipality in this behalf, to the president or to the vice-president or to the \nchairman of a committee, or to one or more stipendiary or honorary officers, but without \nprejudice to any powers that may have been conferred on the chief officer by this Act or \non any committee by or under section 5 3, and each person, who exercises any power or \nperforms any duty or function so delegated, may be paid all expenses necessarily \nincurred by him therein. \n \n(3) Joint transactions with other bodies.",
"footnote": "",
"is_definition": false,
"sort_order": 389
},
{
"number": "64",
"title": "Section 64. (1) A municipality may from time to time-",
"chapter": null,
"content": "(a) joint with any other municipality, cantonment authority, panchayat or \ncommittee appointed for a notified area or with any combination of such \nmunicipalities, authorities, panchayats or committees. \n \n(i) in appointing out of their r espective bodies a joint committee \nfor any purpose in which they are jointly interested, and in \nappointing a chairman of such committee; and \n \n(ii) in delegating to any such committee power to frame terms \nbinding on each such body as to the construction and future \nmaintenance of any joint work, and any power which might be \nexercised by any of such bodies; and \n \n(iii) in framing and modifying rules for regulating the \nproceedings of any such committee in respect of the purpose for \nwhich the committee is appointed; and \n \nPropositions \nwhen to be sent \nto Government of \nPanchayat \nofficers for \nremarks. \nDecisions how to \nbe taken on \npropositions \ncirculated. \nAnd how to \nbe recorded \nSubordination of \ncommittees to \nmunicipality. \nPowers, duties and \nfunctions may be \ndelegated to officers \nwhose expenses may \nbe paid. \nJoint Committees \nof local bodies. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n53 of 158 \n(b) enter, subject to the sanction of the State Government, into an \nagreement with a municipality, cantonment authority, panchayat or \ncommittee or combination as aforesaid 45[for the levy of tolls whereby \ntolls] leviable by the bodies so contracting may be levied together instead \nof separately within the limits to the area subject to the control of the \nsaid bodies. \n \n(c) in order to obtain services of a technical nature join with any other \nneighbouring municipality or municipalities in appointing the same \nperson in common posts respectively under each of the municipalities on \nsuch condition (including conditions as to the service of the persons) as \nmay be agreed upon between the municipalities. \n \n(2) Where a municipality has requested the concurrence o f any other local body \nunder the provisions of sub -section (1) in respect of any matter and such body \nhas refused to concur, the State Government may pass such orders as it may \ndeem fit, requiring the concurrence of such body, not being a cantonment \nauthority, in the matter aforesaid; and such body shall comply with such orders. \n \n(3) If any difference of opinion arises between bodies having joined or entered \ninto an agreement for any purpose under this section, the decision thereupon of \nthe State Government or of such officer as it appoints in this behalf, shall be \nfinal: \n \nProvided that if one of the bodies concerned is a cantonment authority, \nany such decision shall be subject to the concurrence of the Central Government. \n \n(4) Contracts.",
"footnote": "",
"is_definition": false,
"sort_order": 390
},
{
"number": "65",
"title": "Section 65. (1) A municipality shall be competent; subject to the restriction contained in sub-",
"chapter": null,
"content": "section (2), to lease, sell or otherwise transfer any moveable or immovable \nproperty which may, for the purposes of this Act, have be come vested in or been \nacquired by it; and so far as is not inconsistent with the provisions and purposes \nof this Act, to enter into and perform all such contracts as it may consider \nnecessary or expedient in order to carry into effect the said provisions and \npurposes. \n \n(2) In the case of every lease or sale of land under sub-section (1) of section 146, \nand of a lease of immovable property for a term exceeding ten years and of every \nsale or other transfer of such immovable property, the market value of whic h \nexceeds one lakh of rupees, the previous permission of the State Government is \nrequired : \n \n46[Provided that in the case of a lease or sale of land under sub -section \n(1) of section 146 no such permission shall be granted if such land forms a street \nor part of a street which has been declared to be a public street under section \n148.] \n \n(3) In the case- \n \n(a) of a lease for a period exceeding one year or of a sale or other transfer of \nimmovable property the market value of which does not exceed one lakh of \nrupees or contract for the purchase of any immovable property ; \n \n(b) of every contract which will involve expenditure not covered by a \nbudget grant; \n \n(c) of every contract the performance of which cannot be completed \nwithin the official year current at the date of the contract; \n \nthe sanction of the municipality by a resolution passed at a \nPowers of municip-\nality to sell, lease, and \ncontract. \nSanction by \nresolution at \ngeneral meeting \nrequisite to \nvalidity of certain \ncontracts. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \ngeneral meeting is required. \n \n (4) In a municipality- \n \n \n(a) every contract under or for any purpose of this Act shall be made on \n behalf of the municipality by the chief officer ; \n \n(b) no such contract for any purpose which the chief officer is not \nempowered by this Act to carry out without t he approval or sanction of \nsome other municipal authority, shall be made by him until or unless \nsuch approval or sanction has first of all been duly given ; \n \n(c) no contract which will involve an expenditure exceeding one \nthousand rupees shall be made by t he chief officer unless otherwise \nauthorised in this behalf by the municipality except with the approval or \nsanction of the committee concerned; \n \n(d) every contract made by the chief officer involving an expenditure \nexceeding five hundred rupees and not ex ceeding one thousand rupees \nshall be reported by him, within fifteen days after the same has been \nmade, to the committee concerned; \n \n(e) the foregoing provisions of this section shall apply to every variation \nor discharge of a contract to the same extent as to an original contract. \n \n(5) No contract shall be binding on a municipality unless the requirements of this \nsection have been complied with.",
"footnote": "",
"is_definition": false,
"sort_order": 391
},
{
"number": "66",
"title": "Section 66. (1) Every contract entered into by a chief officer on behalf of a municipality",
"chapter": null,
"content": "shall be entered into in such manner and form as would bind such chief officer if \nsuch contract were on his own behalf, and may in the like man ner and form be \nvaried or discharged : \n \nProvided that- \n \n(a) where any such contract, if entered into by a chief officer, would \nrequire to be under seal, the same shall be sealed with the common seal \nof the municipality ; \n \n(b) every contract for the execution of any work for the supply of any \nmaterials or goods which will involve an expenditure exceeding one \nthousand rupees, shall be in writing and shall be sealed with the common \nseal of the municipality and shall specify the work to be done or the \nmaterials or goods to be supplied, as the case may be, the price to be paid \nfor such work, materials or goods and in the case of contract for work, \nthe time or times within which the same or specified portions thereof \nshall be completed. \n \n(2) The common seal of the municipality shall not be affixed to any contract or \nother instrument except in the presence of two councillors , who shall attach their \nsignatures to the contract or instrument in token that the same was sealed in their \npresence. The signature of the said councillors, shall be distinct from the \nsignatures of any witnesses to the execution of any such contract or instrument. \n \n(3) A contract not executed in the manner provided in this section shall not be \nbinding on the municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 392
},
{
"number": "67",
"title": "Section 67. (1) Except as is otherwise provided in sub -section (3 ), a chief officer shall,",
"chapter": null,
"content": "before entering into any contract for the execution of any work or the supply of \nany materials or goods which will involve an expenditure exceeding five \nExecution of contracts \non behalf of \nmunicipality. \nMode of \nexecuting \ncontracts. \nTenders to be invited \nfor contracts involving \nexpenditure exceeding \nRs. 5000. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n55 of 158 \nthousand rupees, give notice by advertisement in a newspaper, inviting tender s \nfor such contract: \n \nProvided that where the work or supply involves an expenditure \nexceeding twenty thousand rupees, the advertisement shall be published in such \none or more daily newspapers as may be approved by the municipality : \n \nProvided further that atleast clear seven days shall be allowed to elapse \nbetween the date of the publication of the advertisement in the newspaper \ninviting tenders and the last date fixed for the receipt of tenders by the chief \nofficer. \n \n(2) The chief officer shall not be bound to accept any tender which may be made \nin pursuance of such notice, but may, with the approval of the executive \ncommittee, accept any of the tenders so made which appears to him, upon a view \nof all the circumstances, to be the most advantageous or may f or reasons \nrecorded reject all the tenders submitted to him. \n \n(3) A municipality may authorise the chief officer, for reasons which shall be \nrecorded in its proceedings, to enter into a contract without inviting tenders as \nherein provided or without accept ing any tenders which he may receive after \nhaving invited them.",
"footnote": "",
"is_definition": false,
"sort_order": 393
},
{
"number": "68",
"title": "Section 68. Subject to the rules made by the municipality in this behalf, the chief officer shall",
"chapter": null,
"content": "require security for the due performance of ev ery contract into which he enters under \nsection 67 and may, in his discretion, require security for the due performance of any \nother contract into which he enters under this Act. \n \n \n(5) Compulsory acquisition of land.",
"footnote": "",
"is_definition": false,
"sort_order": 394
},
{
"number": "69",
"title": "Section 69. When there is any hindrance to the permanent or temporary acquisition by a",
"chapter": null,
"content": "municipality upon payment of any land or building required for the purposes of this Act, \nthe State Government may, after obtaining possession of the same for it self under the \nLand Acquisition Act, 1894, vest such land or building in the municipality on its paying \nthe compensation awarded and on its repaying to the State Government all costs incurred \nby the State Government on account of the acquisition. \n \n(6) Liabilities of councillors, officers and servants.",
"footnote": "",
"is_definition": false,
"sort_order": 395
},
{
"number": "70",
"title": "Section 70. (1) Every councillor shall be personally liable for the misapplication of any fund",
"chapter": null,
"content": "to which he shall have been a party, or which shall have happened through o r \nbeen facilitated by gross neglect of his duty as a councillor: \n \nProvided that no councillor shall be personally liable in respect of any \ncontract or agreement made, or for any expense incurred by, or on behalf of the \nmunicipality; the funds at the dispos al of each municipality shall be liable for, \nand be charged with, all costs in respect of any contract or agreement and all \nsuch expenses. \n \n(2) If after giving the councillor concerned a reasonable opportunity for showing \ncause to the contrary, an officer authorised by the State Government is satisfied \nthat the councillor was party to the misapplication of any fund of the \nmunicipality or that the misapplication is a direct consequence of misconduct or \ngross neglect on his part, the officer so authorised sha ll by an order in writing \ndirect such councillor to pay to the municipality before a fixed date, the amount \nrequired to be reimbursed to it for such misapplication. \n \n(3) If the amount is not so paid, it shall be recovered as an arrear of land revenue \nand credited to the fund of the municipality. \n \nSecurity when to be \ntaken for \nperformance of \ncontract. \nI of 1894. \nRecourse to the \nLand Acquisition \nAct, 1894. \nLiability of \ncouncillors for \nmisapplication. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n(4) Any person aggrieved by the decision or action of the officer so authorised \nmay within one month from the date of such decision or action apply to the \nDistrict Court for redress of his grievance and that Court a fter taking such \nevidence as it thinks necessary may confirm, modify or set aside the order and \nalso make such order as to costs as it thinks proper in the circumstances.",
"footnote": "",
"is_definition": false,
"sort_order": 396
},
{
"number": "71",
"title": "Section 71. (1) Any person who has directly or indirectly, by himself or his partner, any",
"chapter": null,
"content": "share or interest in any contract with, by or on behalf of a municipality, or in any \nemployment with, under , by or on behalf of a municipality, other than as a \nmunicipal officer or servant, shall be disqualified for being an officer or servant \nof such municipality. \n \n(2) Any municipal officer or servant who shall acquire, directly or indirectly, by \nhimself or his partner, any share or interest in any such contract or em ployment \nas aforesaid, shall cease to be a municipal officer or servant, and his office shall \nbecome vacant. \n \n(3) Nothing in this section shall apply to any such share or interest in any \ncontract or employment with , under, by or on behalf of a municipality , as under \nclauses (i), (ii) and (iv) of sub -section (3) of section 11, it is permissible for a \nperson to have without his being thereby disqualified from becoming a \ncouncillor.",
"footnote": "",
"is_definition": false,
"sort_order": 397
},
{
"number": "72",
"title": "Section 72. (a) Any councillor who knowingly acquires directly or indirectly any share or",
"chapter": null,
"content": "interest in any contract or employment with, under, by or on behalf of a \nmunicipality of which he is a member, not being a share o r interest such, as \nunder section 11 , it is permissible for a person to have without being thereby \ndisqualified from becoming a councillor, and \n \n(b) any municipal officer or servant who knowingly acquires directly or \nindirectly any share or interest in any contract, or, except in so far as concerns \nhis own employment with, under, by or on behalf of a municipality of which he \nis an officer or servant, not being a share or interest such as under clauses (i) and \n(iv) of sub-section (3) of section 11, it is permissible for a person to have without \nbeing thereby disqualified from becoming a councillor shall be liable, on \nconviction before a criminal court, to a fine which may extend to one thousand \nrupees.",
"footnote": "",
"is_definition": false,
"sort_order": 398
},
{
"number": "73",
"title": "Section 73. (1) Every municipal councillor, officer or servant and every lessee of the levy of",
"chapter": null,
"content": "any municipal tax, and every servant or other person employed by any such \nlessee shall be deemed to be a public servant within the meaning of section 21 of \nthe Indian Penal Code. \n \n(2) The word \"Government\" in the definition of \"legal remuneration\" in section \n161 of that Code shall, for purposes of sub -section (1) of this section, be deemed \nto include a municipality. \n \n(7) Validity of proceedings.",
"footnote": "",
"is_definition": false,
"sort_order": 399
},
{
"number": "74",
"title": "Section 74. (1) No disqualification of or defect in the election or appointment of any person",
"chapter": null,
"content": "acting as councillor or as the President or presiding authority of a general \nmeeting or as a chairman or member of a committee appointed under this Act \nshall be deemed to vitiate any act or proceeding of the municipality or of any \nsuch committee, as the case may be, in which such person has taken part, \nwherever the majority of per sons, parties to such act or proceeding were entitled \nto act. \n \n \nNo resolution of a municipality or of any committee appointed under this \nAct shall be deemed invalid on account of any irregularity in the service of \nnotice, upon any councillor or member, pro vided that the proceedings of the \nOfficer or servant of \nmunicipality not to be \ninterested in contract \nwith such \nmunicipality. \nPenalty for councillor, \nofficer or servant of a \nmunicipality being \ninterested in contract, \netc., with that \nmunicipality. \nCouncillors, etc., to \nbe deemed public \nservants. \nXLV of 1860. \nActs and proceedings of \nmunicipality and \ncommittee not vitiated \nby disqualifications, \netc., of members \nthereof. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n57 of 158 \nmunicipality or committee, were not prejudicially affected by such irregularity. \n \n(2) Until the contrary is proved , every meeting of a municipality or of a \ncommittee appointed under this Act in respect of proceedings whereof a minute \nhas been made and signed in accordance with this Act, shall be deemed to have \nbeen duly convened and held and all the members of the meeting shall be \ndeemed to have been duly qualified; and where the p roceedings are the \nproceedings of a committee, such Committee shall be deemed to have been duly \nconstituted and to have had the power to deal with the matters referred to in the \nminute. \n \n(8) Municipal accounts.",
"footnote": "",
"is_definition": false,
"sort_order": 400
},
{
"number": "75",
"title": "Section 75. Accounts of the rec eipts and expenditure of every municipality shall be kept in",
"chapter": null,
"content": "accordance with the Municipal Account Code subject to such modifications as the State \nGovernment may in each case direct.",
"footnote": "",
"is_definition": false,
"sort_order": 401
},
{
"number": "76",
"title": "Section 76. (1) A municipality shall have prepared and laid before it, at its periodical general",
"chapter": null,
"content": "meetings, complete accounts of the receipts and expenditure of the municipality \nsince the 1st day of April last preceding, and at a general meeting which shall be \nheld on such day between the 10t h January and the 15th of March as may be \nfixed in this behalf by the rules of the municipality a complete account of the \nactual and expected receipts and expenditure for the financial year ending or the \n31st March next following together with a budget est imate of the income and \nexpenditure of the municipality for the financial year to commence on the 1st \nApril next following. \n \n(2) The municipality shall thereupon decide upon the appropriation and the ways \nand means contained in the budget of the year to commence on the 1st April next \nfollowing. The budget so sanctioned may be varied or altered from time to time, \nas circumstances may render desirable, at a special general meeting called for the \npurpose : \n \nProvided that the executive committee or any other com mittee appointed \nunder the Act may, within the budget so sanctioned, sanction re -appropriations \nnot exceeding Rs. 5,000 from one sub-head to another or from one minor head to \nanother minor head under the same major head and controlled by the same \ncommittee. A statement of such a re -appropriations shall be submitted to the \nmunicipality at every quarterly general meeting. \n \n(3) Save as provided in sub -section (2), no sum shall be expended by or on \nbehalf of the municipality unless such sum is included in the b udget estimate \nwhich has been sanctioned and in force at the time of incurring the expenditure. \n \n(4) The municipality shall at the general meeting in April or after audit of the \npast year's accounts, if such audit has not before that general meeting taken place \npass the accounts of the past year.",
"footnote": "",
"is_definition": false,
"sort_order": 402
},
{
"number": "77",
"title": "Section 77. (1) Independently of the audit provided for under the provisions of t he Gujarat",
"chapter": null,
"content": "Local Fund Audit Act 1963, the municipal accounts may be audited at intervals \nand by such agency as may be prescribed in the rules of the municipality. \n \n(2) Notwithstanding anything contained in sub -section (1), the municipal \naccounts shall be audited at any time, if the State Government so directs. \n \n(3) The auditor shall, for the purposes of hi s office, have access to all the \naccounts and other records of the municipality. \n \n46A[(4) Notwithstanding anything contained in the preceding sub sections, the \nState Government shall entrust the Comptroller and Auditor General of India the \ntechnical guidance and supervision over the audit of the municipality. \nProceedings \npresumed to be good \nand valid. \nAccounts to \nbe kept. \nPresentation of \naccounts, budget \nestimates. \nGuj. XLIX of 1963. Audit of accounts. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n \n(5) The State Government shall cause the audit report under the Gujarat Local \nFund Audit Act, 1963 referred to in sub -section (1) alongwith the report of the \nComptroller and Auditor General of India on technical guidance and supervision \nas referred to in sub-section (4), to be laid before the Stale Legislature.]",
"footnote": "",
"is_definition": false,
"sort_order": 403
},
{
"number": "78",
"title": "Section 78. A municipality shall, as soon as the accounts of the past year have been prepared,",
"chapter": null,
"content": "transmit to the State Government or any officer duly authorized by it in this behalf, a \ncopy thereof, or an account in such forms as the State Government may prescribe, and \nshall furnish such details and vouchers relating to the same as the State Government or \nsuch officer may from time to time direct.",
"footnote": "",
"is_definition": false,
"sort_order": 404
},
{
"number": "79",
"title": "Section 79. The quarterly and annual accounts, receipts and expenditure, and the budget, when",
"chapter": null,
"content": "sanctioned, shall be open to public inspection, and shall be published in such manner as \nthe municipality may prescribe in this behalf. \n \nCHAPTER V. \nMUNICIPAL PROPERTY AND FUND.",
"footnote": "",
"is_definition": false,
"sort_order": 405
},
{
"number": "80",
"title": "Section 80. (1) A municipality may acquire and hold property both moveable and",
"chapter": null,
"content": "immovable, whether within or without the limits of the municipal borough. \n \n(2) All property of the nature specified in the clauses to this section, not being \nspecially reserved by the State Government, shall be vested in and belong to the \nmunicipality, and shall, together with all other property of whatever nature or \nkind, which may become vested in the municipality, be under its direction, \nmanagement and control, and shall be held and applied by it as trustee, subject to \nthe provisions and for the purposes of this Act :- \n \n(a) All public town -walls, gates, markets, slaughter -houses manure and \nnight soil depots. \n \n(b) All public streams, tanks, reservoirs, cisterns, wells, springs, \nacqueducts, conduits, tunnels, pipes, pumps and other water works; and \nall bridges, buildings, engines, works materials and things connected \nwith or appertain ing to such water works ; and also any adjacent land, \nnot being private property, appertaining to any public tank or well. \n \n(c) All public sewers and drain s; all sewers, drains, tunnels, culverts, \ngutters and water-courses in, alongside or under any street and all works, \nmaterials and things appertaining thereto; all dust, dirt, dung, ashes, \nrefuse, animal matter, filth or rubbish of any kind collected by the \nmunicipality from the streets, houses, privies, sewers, cesspools or \nelsewhere. \n \n(d) All public la mps, lam -posts and apparatus connected therewith, or \nappertaining thereto. \n \n(e) All lands and public buildings transferred to it by the Government by \ngift or otherwise, for local public purposes. \n \n(f) All public streets and the pavements, stones and other m aterials \nthereof and also all trees, erections, materials, implements and things \nprovided for such streets: \n \nProvided that lands and public building transferred to the \nmunicipality by the State Government under clause (e) shall not, unless \notherwise express ly provided in the in strument of transfer, belong by \nright of ownership to the municipality but shall vest in it subject to the \nTransmission of \naccounts to State \nGovernment. \nPublication of \naccounts. \nPower to acquire and \nhold property for the \npurposes of the Act. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n59 of 158 \nterms and conditions of the transfer, and on the breach of any of the said \nterms or conditions the lands with all things attache d thereto, including \nall fixtures and structures thereon and the public buildings shall revest in \nthe State Government and it shall be lawful for the State Government to \nresume possession thereof. \n \n(3) Where any open site or waste, vacant or grazing land v esting in Government \nhas been vested by Government in a municipality whether before or after the \ncommencement of this Act, then it shall be lawful for the State Government to \nresume at any time such site or land, if it is required by it for any public purpose. \n \n (4) In the event of the resumption of any land, building or site under sub -section \n(2) or (3) by the State Government otherwise than only for a breach of a \ncondition on which the same was held by the municipality, the municipality shall \nbe entitled to compensation equal to the value of any improvement of such land, \nbuilding or site by municipality and such value shall be determined in \naccordance with the provisions of the Land Acquisition Act, 1894.",
"footnote": "",
"is_definition": false,
"sort_order": 406
},
{
"number": "81",
"title": "Section 81. (1) In any municipal borough to which a survey of lands, other than lands",
"chapter": null,
"content": "ordinarily used for the purposes of agriculture only, has been or shall be \nextended under any law for the time being in force, where any property or any \nright in or over any property is claimed by or on behalf of the municipality, or by \nany person as against the municipality, it shall be lawful for the Collector after \nformal enquiry, of which due notice has been given, to pass an order deciding the \nclaim. \n \n(2) Any suit instituted in any civil court after the expiration of one year from the \ndate of any order passed by the Collector under sub -section (1), or, if one or \nmore appeals have been made against such order within the period of limitation, \nthen from t he date of any order passed by the final appellate authority, as \ndetermined according to section 204 of the Land Revenue Code, shall be \ndismissed (although limitation has not been set up as a defence) if the suit is \nbrought to set aside such order or if t he relief claimed is inconsistent with such \norder provided that the plaintiff has had due notice of such order, \n \n(3) (a) The powers conferred by this section on a Collector may also be \nexercised by an Assistant or Deputy Collector or by a Survey Officer as \ndefined in the Land Revenue Code. \n \n(b) The formal enquiry referred to in this section shall be conducted in \naccordance with the provisions of the aforesaid Code. \n \n(c) Any person shall be deemed to have had due notice of an enquiry or \norder under this sect ion if notice thereof has been given in accordance \nwith rules made in this behalf by the State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 407
},
{
"number": "82",
"title": "Section 82. All moneys received by or on behalf of a municipality by virtue of this or any other",
"chapter": null,
"content": "Act; all taxes, fines and penalties paid to or levied by it under this Act other than fines \nimposed by any Court; all proceeds of land or other property sold by the municipality, \nand all rents accruing from its land or property ; and all interest, profits and other \nmoneys accruing by gift or transf er from the Government or private individuals or \notherwise, shall constitute the municipal fund, and shall be held and dealt with in a \nsimilar manner to the property specified in section 80. \n \nProvided that- \n \n(a) nothing in this section or in section 75 shall in any way affect any obligation \naccepted by or imposed upon any municipality by any declarations of trust \nexecuted by or on behalf of such municipality or by any scheme settled under the \nCharitable Endowments Act, 1890 or the Bombay Public Trusts Act, 1950, for \nthe administration of any trust or by a trust of the nature specified in clause (b) of \nI of 1894. \nDecision of claims to \nproperty by or against \nthe municipality. \nMunicipal fund. \nVI of 1890. \nBom. XXIX of",
"footnote": "",
"is_definition": false,
"sort_order": 408
},
{
"number": "1950",
"title": "Section 1950. Special trusts.",
"chapter": null,
"content": "[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nthis proviso; \n \n(b) subject to the condition that reasonable provision shall be made for the \nperformance of all obligations imposed or that may be imposed on it by or under \nthis Act or any other law for the time being in force, a municipality may, and \nwhere so required by the 47[Director], shall, credit to a separate heading in the \nmunicipal accounts any portion of t he municipal fund received or set apart by it \nspecially for the purposes of schools or dispensaries or water works or fire - \nbrigades or other such purposes as the 47[Director] in this behalf approves, and \nthe municipality may apply any sums properly so cre dited exclusively to the \nspecial purposes for which such sums were received or set apart; \n \n(c) (1) every municipality in which a tax on pilgrims resorting periodically \nto a shrine within its limits is levied shall, subject to the condition that \nreasonable provision shall be made for the purposes specified in clause \n(2), credit the proceeds of the said tax to a separate heading in the \nmunicipal account, to be called the \"Pilgrim Fund Account.\" \n \n(2) the purposes for which provision shall be made by a municipa lity before the \nproceeds of the pilgrim tax are credited to the Pilgrim Fund Accounts shall be \nthe following, namely, the payment to the municipality of such percentage of the \nproceeds of the said tax as may be determined from time to time by the \nmunicipality with the approval of the 47[Director] for \n \n(i) making reasonable provision for the performance of all obligations \nimposed or which may be imposed on it by or under this Act or any other \nlaw for the time being in force; \n \n(ii) such general duties of the municipality as are connected with the \nhealth, convenience and safety of the said pilgrims; and \n \n(iii) the cost of collection of the said tax. \n \n(3) The sums credited under clause (1), shall be devoted to such works conducive \nto the health, convenience and safety of the said pilgrims as may be approved by \nthe 47[Director].",
"footnote": "",
"is_definition": false,
"sort_order": 409
},
{
"number": "83",
"title": "Section 83. The municipal fund and all property vested in a municipality shall be applied for",
"chapter": null,
"content": "purposes of this Act within the limits of the municipal borough : \n \nProvided always that it shall be lawful for the municipality with the sanction of \nthe State Government or any officer duly authorised by it in this behalf,- \n \n(a) to incur expenditure in the acquisition of land or in the construction, \nmaintenance, repair or purchase of works beyond the said limits for the purpose \nof obtaining a supply of water required for the inhabitants of the municipal \nborough or of providing the supply of electrical energy for the use o f the \ninhabitants of the said borough, or of establishing slaughter houses or places for \nthe disposal of night soil or sewage or carcasses of animals or for drainage works \nor for the purpose of providing mechanically propelled transport facilities for the \nconveyance of the public or for the purpose of setting up of dairies or farms for \nthe supply, distribution and processing of milk or milk products for the benefit of \nthe inhabitants of the municipal borough or for any other purpose calculated to \npromote the health, safety or convenience of the inhabitants of the said borough; \nor \n \n(b) to make a contribution towards expenditure incurred by any other local \nauthority or out of any public funds for measures affecting the health, \ninstruction, safety or convenienc e of the public and calculated to benefit the \nresidents within the limits of the contributing municipality: or \n \nApplication of \nmunicipal property and \nlands within and \nwithout the municipal \nborough. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n61 of 158 \n(c) to create scholarships tenable outside the limits of the municipal borough: \n \nProvided further, that nothing in this section or in any other provision of \nthis Act shall be deemed to make it unlawful for a municipality when with such \nsanction as aforesaid it has constructed works beyond the limits of the municipal \nborough for the supply of water or electrical energy or for drainage as aforesaid- \n \n(a) to supply or extend to or for the benefit of any person or buildings or lands in \nany place whether such place is or is not within the limits of the said borough, \nany quantity of water or electrical energy not required for the purposes of this \nAct wit hin the said borough, or the advantages afforded by the system of \ndrainage works, on such terms and conditions with regard to payment and to the \ncontinuance of such supply or advantages as shall be settled by agreement \nbetween the municipality and such per son or the occupier or owner of such \nbuildings or lands: or \n \n(b) to incur any expenditure, on such terms with regard to payment as may be \nsettled as aforesaid, for the construction, maintenance, repairs or alteration of \nany connection pipes or any electric supply lines or other works necessary for \nthe purposes of such supply or for the extension of such advantages.",
"footnote": "",
"is_definition": false,
"sort_order": 410
},
{
"number": "84",
"title": "Section 84. (1) Notwithstanding anything contained in section 83 or any other provision of",
"chapter": null,
"content": "this Act, the State Government may, by general or special order authorise any \nmunicipality to, and thereupon such municipality may, extend to persons or \nproperties beyond the municipal borough any serv ice provided by the \nmunicipality within the said borough and specified in the order. \n \n(2) No such extension shall be effected unless the municipality is satisfied that it \nwill not render the service within the borough inadequte, and the extension shall \nbe on such terms and conditions as shall be prescribed by bye -laws made in this \nbehalf. \n \n(3) A municipality may with the previous sanction of the State Government incur \nexpenditure on education or medical relief outside its jurisdiction if its finances \npermit.",
"footnote": "",
"is_definition": false,
"sort_order": 411
},
{
"number": "85",
"title": "Section 85. (1) If for the purpose of taking immediate steps for protecting life and property",
"chapter": null,
"content": "in any area affected by an outbreak of fire, or epidemic disease or any other \nnatural calamity, the Collector or the Mamlatdar is satisfied that it is necessary to \nrequisition any service, equipment or staff provided or maintained by any \nmunicipality within the municipal borough, the Collector or , as the case may be, \nthe Mamlatdar may by order in writing direct the municipality to supply to the \narea such service, equipment and staff for such purpose and for such period as \nmay be specified in the order and the municipality shall be bound to comply with \nthe direction. \n \n(2) Where any direction is iss ued to a municipality under sub -section (1), the \nmunicipality shall subject to the provisions of sub -section (3) be entitled to the \ncost of supplying the service, equipment and staff in pursuance of the direction. \n \n(3) (a) The sum payable to the municipali ty under sub-section (2) by way of \ncost shall be determined by the officer making requisition under sub -\nsection (1). \n \n(b) If the area to which the service, equipment and staff are so supplied, \nis within the local limits of any municipality, gram panchayat or \nnagarpanchayat, such municipality, gram panchayat or , as the case may \nbe, nagarpanchayat shall be liable to pay to the municipality the sum \ndetermined under clause (a) and shall pay the same to the municipality \nwithin such period as the Officer determin ing the sum directs. In any \nother case, the sum determined under clause (a) shall be paid to the \nPower of municipality \nto extend service to \npersons or properties \noutside its limits when \nauthorised by \nGovernment. \nExtension by \nmunicipality of its service \netc., to area outside its \nlimits. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nmunicipality by the State Government. \n \n(4) If any area beyond the municipal borough is affected by an outbreak of fire \nor epidemic disease or any other natural calamity and the municipality is \nsatisfied that for protecting life and property in that area it is necessary to take \nimmediate steps to supply to the area any of its services, equipment and staff \nthen whether a requisition under sub-section (1) has been made or not, it shall be \nlawful for the municipality to supply to the area free of cost such service, \nequipment and staff as it may deem fit.",
"footnote": "",
"is_definition": false,
"sort_order": 412
},
{
"number": "86",
"title": "Section 86. (1) Subject to the provisions of sub -sections (2) and (3), all moneys constituting",
"chapter": null,
"content": "municipal fund received by or on behalf of a municipality shall be deposited in \nthe Government treasury or such other place or security as may be prescribed by \nthe rules of the municipality. \n \n(2) A municipality may keep on hand cas h upto such limit as may be prescribed \nby the rules of the municipality. \n \n(3) It shall be lawful for a municipality to deposit with the State Bank of India or \nsuch other Bank as may hereafter be appointed to conduct the business of \nGovernment treasury at A hmedabad or in any other Scheduled Bank or in any \nCo-operative Bank or with the sanction of the State Government in any bank in \nthe State of Gujarat, any surplus funds in its hands which may not be required for \ncurrent charges, and to invest such funds in public securities in the name of the \nmunicipality and from time to time, to dispose of such securities as may be \nnecessary. \n \nExplanation.-For the purposes of this sub -section, a Scheduled Bank \nshall mean a bank included in the Second Schedule to the Reserve Bank of India \nAct. 1934. \n \nCHAPTER VI. \nFUNCTIONS OF MUNICIPALITIES.",
"footnote": "",
"is_definition": false,
"sort_order": 413
},
{
"number": "87",
"title": "Section 87. It shall be the duty of every Municipality to make reasonable and adequate provision",
"chapter": null,
"content": "for the following matters within the limits of the municipal borough, namely :- \n \nA. In the sphere of public works- \n \n(a) naming streets and numbering of premises: \n \n(b) giving immediate relief to persons rendered destitute by such natural \ncalamity as floods, fire or earthquake, within the municipal borough. \n \nB. In the sphere of education- establishing and maintaining primary schools. \n \nC. In the sphere of public health and sanitation- \n \n(a) regulating or abatting offensive or dangerous trades or practices; \n \n(b) securing or removing dangerous buildings or places and recl aiming \nunhealthy localities; \n \n(c) obtaining a supply or an additional supply of water, proper and \nsufficient for preventing danger to the health of the inhabitants from the \ninsufficiency or unwholesomeness of the existing supply, when such \nsupply or additional supply can be obtained at a reasonable cost; \n \n(d) public vaccination; \n \nDeposit of funds \nand investment of \nsurplus funds. \n2 of 1934. \nDuties of \nMunicipalities. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n63 of 158 \n(e) watering public streets and places; \n \n(f) cleansing public streets, places and sewers, and all spaces, not being \nprivate property, which are open to the enjoyment of the public, whether \nsuch places are vested in the municipality or not; removing noxious \nvegetation; and abating all public nuisances; \n \n(g) introducing and maintaining the system of water -closet so as to \ndespense with the removal of night -soil by carrying the same in a \nreceptacle, cart or other means; \n \n(h) disposing of night soil and rubbish and, if so required by the State \nGovernment, preparation of compost manure from such night soil and \nrubbish; \n \n(i) providing special medical aid accommodation for the sick in time of \ndangerous disease: and taking such measures as may be required to \nprevent the outbreak, or to suppress and prevent the recurrence, of such \ndiseases: \n \n(j) establishing and maintaining public hospitals, dispensaries and family \nplanning centres and providing public medical relief; \n \n \n(k) acquiring and maintaining, changing and regulating places for the \ndisposal of the dead, and disposal of unclaimed dead bodie s and \ncarcasses of dead animals; \n \n(l) constructing, altering and maintaining public latrines and urinals. \n \nD. In the sphere of development- \n \n(a) constructing, altering and maintaining public streets, culverts, \nmunicipal boundary marks, markets, slaughter -houses privies, drains, \nsewers, drainage-works, sewerage works, baths, washing places, \ndrinking fountains, tanks, wells, dams and the like; \n \n(b) suitable accommodation for calves, cows, or buffaloes required \nwithin the municipal borough for the supply of animal lymph; \n \n(c) printing such annual reports of the municipal administration of the \nborough as may be required by ge neral or special orders of the S tate \nGovernment; \n \n(d) paying the salary and the contingent expenditure on account of such \npolice or guards as may be required by the municipality for the purposes \nof this Act or for the protection of any municipal property; \n \n(e) improving agriculture by suitable measures including crop protection \nand crop experiments. \n \nE. In the sphere of town planning- \n \n devising town planning within the limits of the borough \naccording to the law relating to town planning for t he time being in \nforce. \n \nF. In the sphere of administration- \n \n(a) lighting public streets, places and building; \n \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n(b) extinguishing fires, and protecting life and property when tires occur; \n \n(c) removing obstructions and projections in public streets or pl aces and \nin spaces, not being private property, which are open to the enjoyment of \nthe public, whether such spaces vest in the municipality or in \nGovernment; \n \n(d) erecting substantial boundary marks of such description and in such \npositions as shall be approved by the Collector, defining the limits or any \nalteration in the limits of the municipal borough; \n \n(e) registering births, marriages and deaths.",
"footnote": "",
"is_definition": false,
"sort_order": 414
},
{
"number": "88",
"title": "Section 88. Every municipality shall, out of the municipal property and fund, make payments, at",
"chapter": null,
"content": "such rates and subject to such conditions as the State Government from time to time by \ngeneral or special order determines, for the maintenance and treatment in any institution \nwhich the State Government declares by no tification to be suitable for such purpose \neither within or without the municipal borough, and for other necessary expenses, of \npersons undergoing anti -rabic treatment as indigent persons according to the rules \napplicable to such institution : \n \nProvided th at the municipality shall not be liable under this section for the \nmaintenance, treatment and other necessary expenses of any person undergoing anti -\nrabic treatment as an indigent person in any such institution as aforesaid , unless such \nperson, previous to his admission thereto, has been resident in the municipal borough for \natleast one year.",
"footnote": "",
"is_definition": false,
"sort_order": 415
},
{
"number": "89",
"title": "Section 89. Every municipality shall, also out of the municipal property and fund, make",
"chapter": null,
"content": "payments at such rates and subject to such as the State Government from time to time by \ngeneral or special order prescribes, determines, for the maintenance and treatment either \nin the municipal borough or at any asylum, hospital or house, whether within or without \nsuch borough, which the State Government declares by notification to be suitable for \nsuch purpose,- \n \n (a) of lunatics not being persons for whos e confinement an order under Cha pter \nXXXIV of the Code of Criminal Procedure, 1898, is in force, and \n \n(b) of persons suffering from leprosy, \n \nresident within, or under any enactment for the time being in force removed \nfrom, the borough : \n \nProvided that the municipality shall not be liable under this section for \nthe maintenance and treatment of any lunatic or leper in any such asylum, \nhospital or house as aforesaid, unless such lunatic or leper, immediately previous \nto his admission thereto, has been resident in the municipal borough for atleast \none year : \n \nProvided further that where an application is made to the High Court or a \nDistrict Court under the provisions of section 88 of the Indian Lunacy Act, 1912, \nno order for the payment of the cost of maintenance of the lunatic by a \nmunicipality shall be made without an opportunity being given to such \nmunicipality to show that the lunatic has an estate applicable to his maintenance \nor that there is a person legally bound, and having the means, to maintain him. \nThe officer in charge of any asylum to which lunatics for whose maintenance \nand treatment a municipality is liable under this secti on are admitted shall \nmaintain a clear account of the cost of maintenance and treatment incurred on \naccount of each lunatic detained in the asylum and shall furnish a copy thereof to \nthe municipality on application. \n \nProvision for anti-\nrabic treatment of \nindigent persons. \nProvision for \nlunatics and \nlepers. \nV of 1898. \nIV of 1912. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n65 of 158",
"footnote": "",
"is_definition": false,
"sort_order": 416
},
{
"number": "90",
"title": "Section 90. If any municipality supplies water through pipes, it shall take such steps, at such",
"chapter": null,
"content": "intervals, and on payment of such fees, as may be determined by a general or special \norder made by the State Government to ascertain the condition of the water so supplied, \nby inspection and analysis at a laboratory approved by the State Government in that \nbehalf; \n \nProvided that the State Government may, by notification in the Official Gazette \nexempt any municipality from the provisions of this section.",
"footnote": "",
"is_definition": false,
"sort_order": 417
},
{
"number": "91",
"title": "Section 91. A municipality may, at its discretion, provide, either wholly or partly, out of the",
"chapter": null,
"content": "municipal property and fund for the following matters within the limits of municipal \nborough, namely :- \n \nA. In the sphere of public works. \n \n(a) giving relief to, and establishing and maintaining relief works in time \nof famine or scarcity for, destitute persons within the limits of the \nmunicipal borough; \n \n(b) constructing, establishing or maintaining, public parks, gardens, \nlibraries, museums, lunatic asylums, halls, offices, shops, markets \ndharmashalas, rest-houses, places of entertainment and homes for the \ndisabled and destitute and other public buildings: \n \n(c) the construction, maintenance, management, organisation or purchase \nof telephone lines, or for guaranteeing the payment of interest on money \nexpended for the construction of a telephone line subject to the previous \nsanction of the Development Commissioner when the line extends \nbeyond the limits of the municipal borough; \n \n(d) the construction, purchase, organisation, maintenance, extension and \nmanagement of mechanically propelled transport facilities for the \nconveyance of the public; \n \n(e) laying out, whether in areas previously built upon or not, new public \nstreets and acquiring the land for that purpose, and the land required for \nthe construction of buildings or curtilages thereof to abut on such streets; \n \n(f) planting and maintaining road-side and other trees; \n \n(g) the construction, maintenance, repairs, purchase of any works for the \nsupply of electrical energy or gas; \n \n(h) the construction of sanitary dwellings for the poorer classes; \n \n(i) providing accommodation for all classes of servants employed by the \nmunicipality. \n \nB. In the sphere of education. \n \n(a) establishing and maintaining pre -primary schools such as balwadies, \nbalmandirs, etc; \n \n(b) undertaking cultural activities; \n \n(c) making contribution by way of aid to pre -primary schools, secondary \nschools, institutions providing higher or technical education and \ninstitutions of educational societies; \n \n(d) establishing and maintaining secondary schools and institutions for \nhigher or technical education; \nAnalysis and \ninspection of \nwater supplied \nthrough pipes. \nDiscretionary \nfunction. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n \n(e) making contribution to the funds of the local Self -government \nInstitute; \n \n(f) undertaking measures for promotion of social and moral wel fare of \nthe population in the borough (including prohibition of consumption of \nintoxicants, and removal of untouchability); \n \n(g) establishing and maintaining gymnasia, playgrounds, theatres, \nlibraries, reading rooms and other recreation centres. \n \nC. In the sphere of public health and sanitation. \n \n (a) arranging for the destruction or the detention and preservation of \ndogs which may be destroyed or detained under section 190 of this Act \nor under section 44 of the Bombay Police Act, 1951; \n \n(b) securing or assisting in the securing of suitable places for the carrying \non of the offensive trades specified in sub-section (1) of section 221; \n \n(c) supplying, constructing and maintaining receptacles, fitting, pipes and \nother appliances whatsoever, on or for the use of private premises, for \nreceiving and conducting the sewage thereof into sewers under the \ncontrol of the municipality; \n \n(d) establishing and maintaining a farm or factory for the disposal of sewage; \n \n(e) the setting up of dairies or farm s for the supply, distribution and \nprocessing of milk or milk products for the benefit of the inhabitants of \nthe borough; \n \n(f) promoting the well -being of municipal employees or any class of \nmunicipal employees and of their dependents; \n \nD. In the sphere of development. \n \n(a) constructing, altering and maintaining residential buildings for \nhousing houseless persons; \n \n(b) encouraging formation of Co -operative housing societies and giving \nassistance to those societies in construction of residential buildings; \n \n(c) undertaking manufacture of building materials and their distribution \nat fair prices. \n \n(d) undertaking schemes of slum clearance or re -development of any \narea. \n \n48[(e) the preparation of plans for economic development and social \njustice: \n \n(f) the perfor mance of functions and the implementation of the schemes \nthat may be entrusted by the State Government to it, including those in \nrelation to the matters listed in the Twelfth Schedule to the Constitution \nof India.] \n \nE. In the sphere of administration. \n \n(a) any public reception, ceremony, entertainment or exhibition within \nthe municipal borough according to the rules made in this behalf by the \nState Government; \nBom. XXII of 1951. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n67 of 158 \n \n(b) taking a census, and granting rewards for information which may \ntend to secure the correct registration of vital statistics. \n \n(c) making a survey; \n \n(d) paying the salaries and allowances, rent and other charges incidental \nto the maintenance of the Court of any stipendiary or honorary \nMagistrate, or any portion of any such charges. \n \nF. In the sphere of Agriculture and Co-operation. \n \n(a) promoting the idea of Co -operation in different walks of life and \norganising and encouraging Co-operative institutions; \n \n(b) with the previous sanction of the State Government reclaiming \nwasteland and bringing it under cultivation; \n \n(c) training the urban community in self -help and self-sufficiency on the \nprinciple of mutual Co-operation; \n \n(d) starting of granaries; \n \n(e) constructing, altering and maintaining godowns, and depots for \npreservation of foodgrains and vegetables; \n \n(f) conservation of manurial resources preparing compost manure, \norganic manure and mixture and to arrange for making them easily \navailable; \n \n(g) establishing and maintaining nurseries for fruit bearing trees and \nvegetables and arranging for storag e and distribution of the fruits and \nvegetables grown therein; \n \n(h) undertaking measures for improvement of agriculture, and cattle \nbreed: \n \n(i) assisting in establishment of large scale, small scale, cottage and craft \nindustries. \n \nG. General. \n \ntaking any m easure not specified in the foregoing provisions of this \nsection or in section 87 which is likely to promote the public safety, health, \nconvenience, welfare or education.",
"footnote": "",
"is_definition": false,
"sort_order": 418
},
{
"number": "92",
"title": "Section 92. When a municipality has entered into any arrangement or made any promise",
"chapter": null,
"content": "purporting to bond it or its successors for a term of years or for an unlimited period, to \ncontinue to any educational or charitable institution a yearly contribution from the \nmunicipal property or fund, it shall be lawful for the municipality or its successors with \nthe sanction of the State Government to cancel such arrangement or promise, or to \ndiscontinue, or to diminish such yearly contribution, provided that it shall have given \natleast twelve months’ notice of its intention so to do to the manager or managers of \nsuch institution. \n \nCHAPTER VII. \nPROVISIONS AS TO TRANSFER OF CERTAIN FUNCTIONS. \n \n(A) Transfer of functions relating to recovery of land revenue and cesses under the \nLand Revenue Code and the law relating to collection of cesses. \n \nArrangements \npurporting to be \nbinding \npermanently or for \na term of years. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963",
"footnote": "",
"is_definition": false,
"sort_order": 419
},
{
"number": "93",
"title": "Section 93. The State Government may notwithstanding anything contained in the Land Revenue",
"chapter": null,
"content": "Code, or any law relating to the collection of any cess for the time being in force in the \nState, by notification in the Official Gazette, entrust to every municipality all or any of \nthe functions, and duties of a village accountant or patel or other similar functions of any \nother person, by whatever name called, in relation to the collection of Land Revenue \n(including cesses) and dues recoverable as arears of land revenue, which is levied and \nassessed by or under the Land Revenue Code, or any law relating to the collection of any \ncess for the time being in force in the State, and all other functions and duties of a village \naccountant under that Code.",
"footnote": "",
"is_definition": false,
"sort_order": 420
},
{
"number": "94",
"title": "Section 94. The municipality so entrusted under section 93 shall be responsible for the recovery",
"chapter": null,
"content": "and collection of the land revenue (including cesses) and other dues of the borough in \naccordance with the provisions of the Land Revenue Code and the rules, instructions and \norders made or issued thereunder and the law relating to the collection of such cesses.",
"footnote": "",
"is_definition": false,
"sort_order": 421
},
{
"number": "95",
"title": "Section 95. Where a municipality has been entrusted with the functions and duties relating to the",
"chapter": null,
"content": "collection of land revenue (including cesses) and other dues under section 93, the State \nGovernment shall by notification in the Official Gazette , confer on such municipality \nsubject to such conditions as may be specified in the notification all or any of the powers \nof the Collector, for the realisation of land revenue and other dues recoverable as arrears \nof land revenue under the Land Revenue Code, and for the collection of cesses under the \nlaw relating thereto, and it shall be competent for the municipality so empowered to \nexercise all or any of the powers so conferred in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 422
},
{
"number": "96",
"title": "Section 96. Notwithstanding anything contained in the provisions herein before the right of the",
"chapter": null,
"content": "State Government to collect land revenue and any cess, shall remain unaffected and if in \nthe opinion of the State Government a municipality exceeds or abuse s its powers under \nthis Chapter or fails to exercise the same, or is incompetent to perform, or makes \npersistent default in the performance of the duties imposed or persistently disobeys any \nof the orders of the Collector with regard to the exercise of any of the said powers, the \nState Government may after giving the municipality an opportunity to render an \nexplanation, by order in the Official Gazette, withdraw all the powers conferred on the \nmunicipality under this Chapter and direct its revenue officers t o recover the land \nrevenue or, as the case may be, the cesses.",
"footnote": "",
"is_definition": false,
"sort_order": 423
},
{
"number": "97",
"title": "Section 97. On the withdrawal under section 96 of the powers conferred on a municipality, the",
"chapter": null,
"content": "Collector shall appoint an officer t o take charge of the recovery of land revenue, or \ncollection of cesses, in the municipal borough. \n \n(B) Transfer of functions of State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 424
},
{
"number": "98",
"title": "Section 98. (1) Notwithstanding anything contained in any law for the time being in force,",
"chapter": null,
"content": "the State Government may, subject to such conditions as it may think fit to \nimpose, transfer, by an order published in the Official Gazette, to a municipality \nany such functions and duties relating to Government under any enactment \nwhich the State Legislature is competent to enact, or otherwise in the executive \npower of the State, and appear to relate to matters arising within a municipal \nborough and to be of an administrative character and shall on such transfer allot \nto the municipality such fund and person nel as may be necessary to enable the \nmunicipality to discharge the functions and duties so transferred. \n \n(2) Without prejudice to the generality of the provisions of sub -section (1), the \nState Government may transfer to the municipality such functions and duties as \nare performed by the following departments of the State, namely :- \n \n(1) Agriculture; \n \n(2) Animal Husbandry; \n \n(3) Public Health and Medical relief; \n \nRecovery of land \nrevenue by \nmunicipalities. \nResponsibility of \nthe \nmunicipalities. \nConferment of powers \nand duties for collection \nof land revenue on \nmunicipalities. \nRight of State \nGovernment to \ncollect land revenue \nunaffected. \nCollector to appoint \nofficer on \nsuspension of \npowers of \nmunicipality. \nTransfer of functions \nof State Government \nto municipalites. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n69 of 158 \n(4) Public Works Department activities in the district; \n \n(5) Social Welfare; \n \n(6) Revenue Department; \n \n(7) Prohibition Department so far as prohibition propaganda is \nconcerned; \n \n(8) Co-operative Department; \n \n(9) Cottage Industries and Small Scale Industries; \n \n(10) District Statistical Office. \n \n(3) Where any functions and duties conferred by or under any enactment are so \ntransferred, that enactment, shall have effect as if this section had been \nincorporated in that enactment. \n \n49[CHAPTER VIIA. \nTAXATION BY THE STATE GOVERNMENT.",
"footnote": "",
"is_definition": false,
"sort_order": 425
},
{
"number": "98A",
"title": "Section 98A. (1) The State Government shall levy, on the condition and in the manner",
"chapter": null,
"content": "hereinafter described, a cess at the rate of fifty paise on every rupee of- \n \n(a) every sum payable to the State Government as ordinary land revenue \nexcept sums payable on account of any of the charges mentioned in sub - \nsection (2) and excep t sums payable on account of any charge which \nmay be notified by the State Government in this behalf; \n \n(b) every sum which would have been payable as land revenue by a \nsmall ho lder as defined in the Explanation to section 45 of the Land \nRevenue Code in respect of the land held by him for the time being for \nthe purpose of agriculture, had land revenue been payable in respect of \nsuch land under the said section by such small holder; and \n \n(c) every sum which would have been assessable on any land as land \nrevenue had there been no alienation of the land revenue: \n \nProvided that no cess shall be levied under this section on sums \nless than twenty-five paise. \n \n(2) The following sums shal l not be taken into account for the purposes of sub -\nsection (1), namely :- \n \n(i) penalties and fines, including any charge imposed under section 148 \nof the Land Revenue Code, as penalty or interest in case of default, but \nnot including any fine levied under section 65 of the said Code on grant \nof permission to use land for a purpose unconnected with agriculture; \n \n(ii) fees for grazing when charged per head of cattle.",
"footnote": "",
"is_definition": false,
"sort_order": 426
},
{
"number": "98B",
"title": "Section 98B. The State Government may levy a cess not exceeding twenty paise on every rupee",
"chapter": null,
"content": "of water rate leviable under the provisions of the Bombay Irrigation Act, 1879.",
"footnote": "",
"is_definition": false,
"sort_order": 427
},
{
"number": "98C",
"title": "Section 98C. The cess described in section 98A shall be levied, so far as may be, in the same",
"chapter": null,
"content": "manner, and under the same provisions of law, as the land revenue: \n \nProvided that in case of any land in the possession of a tenant, if such tenant is \nliable to pay the land revenue in respect of such land under the provisions of the Bombay \nTenancy and Agricultural Lands Act, 1948, or the Bombay Tenancy and Agricultural \nLeavy of fifty paise \ncess on every rupee \nof land revenue. \nLevy of cess \non water-rate. \nBom. VII of 1879. \nManner of levying \ncess described in \nsection 98A. \nBom.XCIX of 1958. \nBom. LXVII of 1948. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nLands (Vidarbha Region and Kutch Area) Act, 1958, such tenants shall be primarily \nlaible for the payment of cess in respect of such land.",
"footnote": "",
"is_definition": false,
"sort_order": 428
},
{
"number": "98D",
"title": "Section 98D. The cess described in section 98B shall be levied, so far as may be, in the same",
"chapter": null,
"content": "manner, and under the same pr ovisions of law as water rates p ayable to the State \nGovernment under the Bombay Irrigation Act, 1879.",
"footnote": "",
"is_definition": false,
"sort_order": 429
},
{
"number": "98E",
"title": "Section 98E. The local cess leviable on land revenue under section 98A and on water rate under",
"chapter": null,
"content": "section 98B in relation to any land shall be paid by the State Government to the \nmunicipality within the jurisdiction of which such lands are situated, after deducting \nsuch portion thereof as cost of collection, as the State Government may prescribe by \nrules.",
"footnote": "",
"is_definition": false,
"sort_order": 430
},
{
"number": "98F",
"title": "Section 98F. On the application of the municipali ty to which the cess is payable, the State",
"chapter": null,
"content": "Government may, by notification in the Official Gazette, suspend or remit the collection \nof cess or any portion thereof in any year in any area, subject to the jurisdiction of such \nmunicipality.] \n \nCHAPTER VIII. \nMUNICIPAL TAXATION. \n \n(1) Imposition of Taxes.",
"footnote": "",
"is_definition": false,
"sort_order": 431
},
{
"number": "99",
"title": "Section 99. (1) Subject to any general or special orders which the State Government may",
"chapter": null,
"content": "make in this behalf and to the provisions of sections 101 and 102, a municipality \nmay impose for the purposes of this Act any of the following taxes, namely :- \n \n(i) a tax on buildings or lands situate within the municipal borough to be \nbased on the 49A[carpet area] of the buildings or lands or both; \n \n(ii) a tax on all vehicles, boats or animals used for ri ding, draught or \nburden and kept for use within the said borough, whether they are \nactually kept within or outside the said borough : \n \nProvided that where a motor vehicle is kept for use within the \nsaid borough as well as another municipal borough, it shal l be liable to \nbe taxed only by the municipality within or nearest to, whose limits such \nvehicle is actually kept: \n \n(iii) a toll on vehicles and animals used as aforesaid, entering the said \nborough but not liable to taxation under clause (ii) of this sub-section; \n \n 50[* * * * * * * * * ] \n \n(v) a tax on dogs kept within the said borough; \n \n(vi) a special sanitary cess upon private latrines, premises or compounds \ncleansed by municipal agency, after notice given as hereinafter required; \n \n(vii) a general sanitary cess for the construction and maintenance of \npublic latrines and for the removal and disposal of refuse; \n \n(viii) a drainage tax; \n \n(ix) a general water-rate or a special water-rate or both for water supplied \nby the municipality, which may be impose d in the form of a tax assessed \non buildings and lands or in any other form, including that of charges for \nsuch supply, fixed in such mode or modes as shall be best adapted to the \nvarying circumstances of any class of cases or of any individual case; \n \nManner of levying \ncess described in \nsection 98B. Bom. VII of 1979. \nCollection and credit \nof local cess on land \nrevenue and water \nrates. \nSuspension and \nremission of \nlocal cess. \nTaxes which may \nbe imposed. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n71 of 158 \n(x) a lighting tax; \n \n(xi) a fee on pilgrims resorting periodically to a shrine within the limits \nof the municipal borough; \n \n(xii) a special educational cess; \n \n(xiii) a tax on sale of cattle in any market in the municipal borough \nwhether established by the muni cipality or not, or in any place set apart \nas a market for such sale: \n \n(xiv) a betterment levy on lands or buildings in an area under a scheme of \nslum clearance or redevelopment; \n \n50A[(xiv-a) subject to and in accordance with the provisions of the Gujarat \nState Tax on Professions, trades, Callings and Employments Act, 1976 \n(President’s Act No. 11 of 1976) and the rules made thereunder, a tax \non professions, trades, callings and employments;] \n \n50B[(xiv-a) a tax on mobile towers to be levied from the person engaged in \nproviding telecommunication services through such mobile towers;] \n \n \n(xv) any other tax 51[( not being 51A * * * * * ] 52[a tax on payments \nfor admission to any entertainment ] 53[or octroi )] which under the \nConstitution, the State Legislature has power to impose in the State : \n \nProvided that no tax or toll shall be levied on motor vehicles save \nas provided in section 20 of the Bombay Motor Vehicles Tax Act, 1958: \n \nProvided further that,- \n \n(a) no tax imposed as aforesaid, other than a special sanitary cess, a \ndrainage tax or a water -rate, shall, without the express consent of the \nGovernment, be leviable in respect of any building or part of any \nbuilding or of any vehicle, animal or other property, belonging to \nGovernment and used solely for public purposes and not used or \nintended to be used for purposes of profit; and no toll shall be levia ble in \nrespect of any animal or vehicle used for the passage of troops or the \nconveyance of Government stores or of any other Government property, \nor for the passage of military or police officers on duty or the passage or \nconveyance of any persons or property in their custody; \n \n54[* * * * * * * **] \n \n(c) no tax described in clause (i) and imposed as aforesaid shall, without \nthe express consent of the district panchayat s or the taluka panchayat, be \nleviable in respect of any building or part of any buildin g belonging to, \nor vesting in, such district panchayat or taluka panchayat and used solely \nfor a public purpose and not used or intended to be used for purposes of \nprofit; \n \n(d) no special sanitary cess shall be leviable in respect of any private \nlatrines, premises or compounds unless and until the municipality has— \n \n(i) made provision for the cleaning thereof by manual labour, or for \nconducting or receiving the sewage thereof into municipal sewers, and \n \n(ii) issued either severally to the person to be charged, or generally to the \ninhabitants of the borough or part of the borough to be charged with such \nBom. LXV of 1958. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \ncess, one month's notice of the intention of the municipality to perform \nsuch cleaning and to levy such cess; \n \n(e) the municipality in lieu of imposing separately any two or more of the \ntaxes described in clauses (i), (vii), (ix) and (x) except a special water rate \nmay impose a consolidated tax assessed as a tax on buildings or lands or \nboth situated within the municipal borough. \n \n(2) Nothing in this section sh all authorize the imposition of any tax which the \nState Legislative has no power to impose in the State under the Constitution. \n \n54A[99A. (1) For the purposes of clause (i) of sub-section (1) of section 99, the \ntax shall, subject to such exceptions, lim itations and conditions \nhereinafter provided, be levied annually on the buildings or lands situate \nin the municipal borough area at such rate per square metre of the carpet \narea of buildings and of the area of lands (hereinafter to as “the rate of \ntax”) as the municipality ma y determine having regard to the factors as \nthe State Government may president by rules. \n \n(2) For the purpose of levy of tax on buildings or lands situate within \nthe municipal borough under sub-section (1),- \n \n(a) the buildings may be c lassified into residential buildings and \nbuildings other than the residential buildings; and \n \n \n(b) the municipality may determine one rate of tax for residential \nbuildings and the other than rate of tax for buildings other than the \nresidential buildings : \n \n Provided that it shall be lawful for the municipality to determine \nfor residential buildings, the carpet area of which does not exceed forty \nsquare metres, such rate of tax as is lower than the rate of tax determined \nfor residential buildings generally : \n \n Provided further that the rates of tax per square metre of \ncarpet area shall be decided by municipality with the approval of the \nDirector of Municipalities. \n \n(3) In lieu of the tax leviable under sub -section (1) read with sub -\nsection (2), there shall be levied annually on,- \n \n (a) residential hunts, and \n \n(b) residential tenements in a chawl, each such tenement \nhaving carpet area not exceeding twenty-five square metres, \n \nsuch amount of tax as the Municipality may determine : \n \nProvided that the amount s o determined shall not be less than such \namount as the State Government may, by notification in the Official \nGazette, specify. \n \n Explanation.- For the purpose of levy of tax under this section, \nwhere an addition is made to an existing building whereby the carpet \narea of that building is increased, such addition shall be treated as a \nseparate building and the length of the time of its existence shall be \ncomputed from the year in which the addition is made.] \n \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n73 of 158",
"footnote": "",
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},
{
"number": "100",
"title": "Section 100. (1) The Government or the district panchayat or the taluka panchayat concerned",
"chapter": null,
"content": "shall pay to the municipality annually in lieu of tax on buildings from which th e \nbuildings vesting in Government or in district panchayats or taluka panchayats \nare exempted by clause (a) 54B[***] of the proviso to sub -section (1) of section \n99, a sum ascertained in the manner provided in 54C[sub-section (3)]. \n \n54D[ * * * * * * * * *] \n \n(3) The sum to be paid annually to the municipality by the Government or the \npanchayat concerned shall be eight tenths of the amount which would be payable \nby an ordinary owner of buildings in the said borough on account of the said tax \non buildings on 54E[ on the basis of carpet area of the buildings].",
"footnote": "",
"is_definition": false,
"sort_order": 433
},
{
"number": "101",
"title": "Section 101. A municipality before imposing a tax shall observe the following preliminary",
"chapter": null,
"content": "procedure:- \n \n(a) It shall, by resolution passed at a general meeting, select for t he purpose one \nor other of the taxes specified in section 99 and approve rules; prepared for the \npurposes of clause (1) of section 271 prescribing the tax selected, and in such \nresolution and in such rules specify :- \n \n(i) the classes of persons or of prope rty or of both, which the \nmunicipality proposes to make liable and any exemptions which it \nproposes to make; \n \n(ii) the amount or rate at which the municipality proposes to assess each \nsuch class; \n \n (iii) in the case of a tax on buildings or lands or the both, the \n54F[manner of assessment of such tax to be imposed]; \n \n(iv) all other matters which the State Government may require to be \nspecified therein. \n \n(b) When such resolution has been passed, the municipality shall publish the \nrules so approved with a notice in the form of Schedule I prefixed thereto. \n \n(c) Any inhabitant of the municipal borough objecting to the imposition of the \nsaid tax or to the amount or rate proposed or to the classes of persons or property \nto be made liable thereto or to any exemptions proposed may, within one month \nfrom the publication of the said notice, send his objection in writing to the \nmunicipality; the municipality shall take all such objections, into consideration, \nor shall authorize a committee to c onsider the same and report thereon; and \nunless it decides to abandon the proposed tax, shall submit such objections with \nhis opinion thereon and any modifications proposed in accordance therewith, \ntogether with the notice and rules aforesaid to the State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 434
},
{
"number": "102",
"title": "Section 102. The State Government may refuse to sanction the rules submitted under section",
"chapter": null,
"content": "101, or may return them to the municipality for further consideration; or if no objection \nor no objection which is in its opinion sufficient, was made to the proposed tax within \nthe period prescribed under section 101, may sanction the said rules without \nmodification, or subject to such modifications not involving an increase in the amount to \nbe imposed, as it deems fit.",
"footnote": "",
"is_definition": false,
"sort_order": 435
},
{
"number": "103",
"title": "Section 103. Rules sanctioned under section 103 with the modifications if any, subject to which",
"chapter": null,
"content": "the sanction is given shall be published by the municipality in the municipal borough, \ntogether with a notice reci ting the sanction and the date and serial number thereof; and \nthe tax as prescribed by the rules so published shall, from a date which shall be specified \nin such notice and which shall not be less than one month from the date of publication of \nsuch notice, be imposed accordingly : \n \nPayment to be made \nto the municipality in \nlieu of a tax on \nbuildings by the \nGovernment or \ndistrict panchayat or \ntaluka panchayat \nconcerned. \nProcedure \npreliminary to \nimposing tax. \nPower to \nsanction, modify \nand impose \nconditions. \nPublication of \nsanctioned rules \nwith notice. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nProvided that- \n \n(a) a tax leviable by the year shall not come into force except on one of the \nfollowing days, namely, the first day of April, the first day of July, the first day \nof October or the first day of January in any year; and if it comes into force on \nany day other than the first day of April, it shall be leviable by the quarter till the \nfirst day of April then next ensuing ; \n \n(b) on or before the day on which a notice is issued under this section , the \nmunicipality shall p ublish such further detailed rules as may be required and as \nmay have been approved by the State Government under clause (a) of the \nproviso to section 271, prescribing the mode of levying, and recovering the tax \nherein specified and the dates on which it o r the instalments, if any, thereof shall \nbe payable : \n \n \n(c) if the levy of a tax, or of a special portion of a tax, has been sanctioned for a \nfixed period only, the levy shall cease at the conclusion of that period, except so \nfar as regards unpaid arrears which may have become due during that period.",
"footnote": "",
"is_definition": false,
"sort_order": 436
},
{
"number": "104",
"title": "Section 104. (1) The State Government may, by notification in the Official Gazette, empower",
"chapter": null,
"content": "any municipality to levy any tax or to increase or reduce the amount or rate of \nany tax levied under section 99 within such maximum and minimum limits either \nas to he amount or the rate as may be specified in such notification. \n \n(2) Notwithstanding any resolution or rule under section 101 s pecifying the \namount or rate at which such tax is leviable, any municipality empowered under \nsub-section (1) may, by a resolution passed at a general meeting decide to levy \nsuch tax or increase or reduce the amount or rate at which such tax is leviable. \n \n(3) When a municipality has by a resolution passed under sub -section (2) \ndecided to levy any tax or to increase or reduce the amount or rate at which any \ntax is leviable, the municipality shall publish in the municipal borough the \nresolution together with notice specifying a date, which shall not be less than one \nmonth from the date of publication of such notice, from which the tax shall be \nlevied or the amount or rate at which any tax is leviable shall be increased or \nreduced. The tax shall thereupon be lev ied or, as the case may be, the amount or \nrate thereof shall be increased or reduced from the date specified in such notice. \n \n \n(2) Assessment of and liability to taxes on buildings or lands.",
"footnote": "",
"is_definition": false,
"sort_order": 437
},
{
"number": "105",
"title": "Section 105. (1) When a tax on buildi ng or land or both is imposed, the chief officer shall",
"chapter": null,
"content": "cause an assessment list of all buildings or lands or lands and buildings in the \nmunicipal borough to be prepared containing- \n \n(a) the name of the street or division in which the property is situate; \n \n(b) a description of the property sufficient for identification; \n \n(c) the names of the owner and occupier, if known; \n \n 54G[(d) the assessment based on the carpet area and of the area of land of \nthe property made in accordance with sub -section (1) of s ection \n99A;] and \n \n(e) the amount of the tax assessed thereon. \n \n(2) In assessing a tax on buildings or lands, 54H[where the assessment determined \nunder clause (d) of sub -section (1), a sum equal to ten percentum of the said \nassessment] shall be deducted there from in lieu of all allowance for repairs or on \nMunicipalities \nempowered by State \nGovernment to levy tax \nor vary amount or rate of \ntax. \nPreparation of \nan assessment \nlist. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n75 of 158 \nany other account whatsoever. \n \n(3) For the purpose of preparing such assessment list , the chief officer or any \nperson acting under his authority may inspec t any building or land in the \nmunicipal borough and on the requisition of the chief officer , the owner or \noccupier of any such building or land shall, within such reasonable period as \nshall be specified in the requisition, be bound to furnish a true return , to the best \nof his knowledge or belief and subscribed with his signature, of the name and \nplace of abode of the owner or occupier or of both and 54I[the carpet area of such \nbuilding and the area of land].",
"footnote": "",
"is_definition": false,
"sort_order": 438
},
{
"number": "106",
"title": "Section 106. (1) When the name of the person primarily liable for the payment of a tax on building or land",
"chapter": null,
"content": "or both in respect of any premises cannot be ascertained , it shall be sufficient to de signate \nhim in the assessment book, and in any notice which it may be necessary to serve upon the \nsaid person under this Act, \"the holder\", of such premises, without further description. \n \n(2) If, in any such case, any person in occupation of the premises shall refuse to \ngive such information as may be requisite for determining who is primarily liable \nas aforesaid, such person shall himself be liable, until such information is \nobtained, for all taxes on buildings or lands or both leviable on the premises of \nwhich he is in occupation.",
"footnote": "",
"is_definition": false,
"sort_order": 439
},
{
"number": "107",
"title": "Section 107. When the assessment list has been completed, the chief officer shall give public",
"chapter": null,
"content": "notice thereof and of the place where the list or a copy thereof may be inspected; and \nevery person claiming to be either the owner or occupier of property included in the list, \nand any agent of such person, shall be at liberty to inspect the list and to make extracts \ntherefrom without charge.",
"footnote": "",
"is_definition": false,
"sort_order": 440
},
{
"number": "108",
"title": "Section 108. (1) The chief officer, shall at the time of the publication of the assessment list",
"chapter": null,
"content": "under section 107, give public notice of a date not less than one month after such \npublication, before which objection to the 54J[* * *] assessment in such list shall \nbe made; and in all cases in which any property is for the first time assessed or \nthe assessment is increased on account of a change in the 54K[carpet area] he shall \nalso give notice thereof to the owner or occupier of the property if known, and if \nthe owner or occupier of the property is not known, he shall affix the notice in a \nconspicuous position on the property. \n \n(2) Objections to the 54L[* * * *] assessment of any property in such list shall, if \nthe owner or occupier of such property desires to make an objection, be made by \nsuch owner or occupier or any agent of such owner or occupier to the executive \ncommittee before the time fixed in the aforesaid publ ic notice, by application in \nwriting, stating the grounds on which the 54M[* * *] assessment is disputed; all \napplications so made shall be registered in a book to be kept by the executive \ncommittee for the purpose. \n \n (3) The executi ve committee, after allowing the applicant an opportunity of \nbeing heard in person or by agent, shall- \n \n(a) investigate and dispose of the objections, \n \n(b) cause the result thereof to be noted in the book kept under sub-section \n(2), and \n \n(c) cause any ame ndment necessary in accordance with such result to be \nmade in the assessment list: \n \nProvided that before any such amendment is made the reasons \nthereof shall be recorded in the book kept under sub-section (2): \n \nProvided further that powers and duties of th e executive \ncommittee under this sub -section may be transferred to any other \nPower to \ninspect and \nrequire returns. \nPerson primarily liable \nof a tax on buildings or \nlands or both how to be \ndesignated if his name \ncannot be ascertained. \nOccupier liable for \ntax on buildings or \nlands or both until \nhe gives \ninformation. \nPublication of \nnotice of \nassessment List. \nPublic notice of \ntime fixed for \nlodging objections. \nObjections \nhow to be \nmade. \nHearing of \nobjections. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \ncommittee appointed by the municipality or with the permission of the \nDevelopment Commissioner, to any officer or pensioner of the \nGovernment. \n \n(4) As and when in respect of any property the objections made under this \nsection have been disposed of and the amendments required by sub -section (3) \nhave been made in the assessment list, the said list so far as such property is \nconcerned shall be authenticated by the signature of the chairman and at least \none other member of the executive committee, or if the executive committee's \npowers and functions under sub -section (3) have been transferred to any other \ncommittee or to an officer or pensioner of the Government, b y the signatures of \nnot less than two members of such committee or of the officer or pensioner \naforesaid; the person or persons so authenticating the list shall certify that no \nvalid objection has been made to the 54N[* * * *] assessment of the property \ncontained in the list except in the cases in which amendments have been made \ntherein. \n \n(5) The list so authenticated shall be deposited in the municipal office, and shall \nthere be open inspection during office hours to all owne rs and occupiers of \nproperty entered therein or to the agents of such persons, and a notice that it is so \nopen shall be forthwith published. \n \n (6) Subject to Such alternation as may be made therein under the provision s of \nsection 109 and to the result of any appeal or revision made under section 138 \nthe entries in the assessment-list so authenticated and deposited and the entries, \nif any inserted in the said list under the provisions of section 109 shall be \naccepted as conclusive evidence- \n \n(i) for the purposes of all municipal taxes, 54-O[of the assessment under \nclause (d) of sub -section (1) of section 105] , regulating the tax on \nbuildings, lands and both , the buildings and lands to which such entries \nrespectively refer, and \n \n(ii) for the purpose of the tax for which such assessments-list has been \nprepared, of the amount of the tax leviable on such buildings or lands or \nboth buildings and lands in any official year in which such list in force.",
"footnote": "",
"is_definition": false,
"sort_order": 441
},
{
"number": "109",
"title": "Section 109. (1) The executive committee may at any time alter the assessments-list by",
"chapter": null,
"content": "inserting or altering an entry in respect of any property, such entry having been \nommitted from or erroneously made in the assessment -list through fraud, \naccident or mistake or in respect of any building constructed, altered, added to or \nreconstructed in whole or in part where such construction, alteration, addition or \nreconstruction has been completed after the preparation of the assessment list \nafter giving notice to any person interested in the alteration of the list of a date \nnot less than one month from the date of service of such notice, before which any \nobjection to the alteration should be made. \n \n (2) An objection mad e by any person interested in any such alternation before \nthe time fixed in such notice and in the manner provided by sub -section (2) of \nsection 108 shall be dealt with in all respects as if it were an application under \nthe said section. \n \n (3) An entry or alteration made under this section shall subject to the provisions \nof section 138, have the same effect as if it had been made in the case of a \nbuilding constructed , altered, added to , or reconstructed on the day on which \nsuch construction, alteration, addition or reconstruction was completed or on the \nday on which the new construction, alteration, addition or reconstruction was \nfirst occupied whichever first occurs, or in other cases on the earliest day in the \ncurrent official year on which the circumstances justifying the entry or alteration \nexisted; and the tax or the enhanced tax , as the case may be , shall be levied in \nAuthentication \nof list. \nCustody and \ninspection of \nlist. \nAuthenticated \nlist how far \nconclusive. \nAmendment of \nassessment list Notice \nof new buildings. \nObjection \nhow dealt \nwith. \nEffect of \namendment \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n77 of 158 \nsuch year in the proportion which the remainder of the year after such day bears \nto the whole year.",
"footnote": "",
"is_definition": false,
"sort_order": 442
},
{
"number": "110",
"title": "Section 110. (1) When any building or any portion of a building which is liable to the",
"chapter": null,
"content": "payment of a tax on building or lands or both is demolished or remove, \notherwise than by order of the exec utive committee, the person primarily liable \nfor the said payment of the tax shall give notice thereof in writing to the chief \nofficer. \n \n(2) Until such notice is given the person aforesaid shall continue to be liable to \npay every such tax as he would have been liable to pay in respect of such \nbuilding, if the same, or any portion thereof, had not been demolished or \nremoved. \n \n(3) Nothing in this section shall apply in respect of a building or portion of a \nbuilding which has fallen down or been burnt down.",
"footnote": "",
"is_definition": false,
"sort_order": 443
},
{
"number": "111",
"title": "Section 111. (1) It shall not be necessary to prepare a new assessment -list every year. Subject",
"chapter": null,
"content": "to the condition that the assessment -list shall be completely revised every four \nyears, the chief officer may adopt the 54P[* * * *] assessment contained in the list \nfor any year, with such alteration as may be deemed necessary, for the year \nimmediately following. \n \n(2) But the provisions of sections 107, 108 and 109 shall be applicable every \nyear as if a new assessment list had been completed at the commencement of the \nofficial year.",
"footnote": "",
"is_definition": false,
"sort_order": 444
},
{
"number": "112",
"title": "Section 112. (1) When in any year a new assessment -list is prepared or a list is revised or th e",
"chapter": null,
"content": "54Q[* * * *] assessment contained in the list for the year immediately preceding \nis adopted with or without alteration, such new revised or adopted assessment \nlist shall be authenticated in the manner provided by section 108 at any time not \nlater man the thirty-first day of July of the official year to which the list relates, \nand if it is not so authenticated, then the State Government, shall appoint such \nperson or persons as it minks fit 55[to prepare, revise of adopt and authenticate \nthe assessment list and thereupon such person or persons shall duly prepare, \nrevise or adopt or, as the case may be, authenticate] such list at any time before \nthe last day of the official year to which such list relates, and sections 105 to 108 \nor section 111 shall, so far as may be necessary, apply to the preparation, \nrevision or adoption of the list, as the case may be, by the person or persons \nappointed by the State Government to authenticate the list. \n \n(2) Where the State Government appoints any person or persons for the purpose \nof preparing, revising or adopting and authenticating an assessment list under \nsub-section (1), the expenses incurred by such person or persons for such \npurpose and the reasonable remuneration payable to such person or persons shall \nbe recovered by the State Government in the manner provided by section 262.",
"footnote": "",
"is_definition": false,
"sort_order": 445
},
{
"number": "113",
"title": "Section 113. (1) Subject to the provisions of sub -section 55A[* * * ](6), a tax imposed in the",
"chapter": null,
"content": "form of a tax on buildings or land or both shall be leviable primarily fr om the \nactual occupier of the property upon which the tax is assessed if he is the owner \nof the property, or holds it on a building or other lease from the Government or \nfrom the municipality, or on a buil ding lease from any person, other wise the tax \nshall be primarily leviable as follows, namely:- \n \n(a) if the property is let, from the lessor; \n \n(b) if the property is sublet, from the superior lessor; \n \n(c) if the property is unlet, from the person in whom the right to let the \nsame vests : \n \nNotice to be given to \nthe executive \ncommittee of \ndemolition of or \nremoval of building. \nNew assess-\nment List need \nnot be prepared \nevery year. \nPower of State \nGovernment to \nappoint person to \nauthenticate list in \ncase of default by \nmunicipality. \nTax from whom \nprimarily \nleviable. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nProvided that the tax due in respect of buildings vesting in the \nGovernment and occupied by the servants of the Government or other persons on \npayment of rent shall be leviable primarily from the Government. \n \n(2) Where any land has been let for any term exceeding one year t o a tenant and \nsuch tenant or any person deriving title howsoever from such tenant has built \nupon such land, the tax assessed upon the said land shall be leviable from the \nlessor and the tax assessed upon the building erected thereon shall be leviable \nprimarily from the said tenant or person, whether or not the premises be in the \noccupation of the said tenant or person. \n \n55B[ * * * * * * * * * * *] \n \n \n [ Section 114 was deleted by Guj. 13 of 2007, s.12]",
"footnote": "",
"is_definition": false,
"sort_order": 446
},
{
"number": "115",
"title": "Section 115. (1) Whenever the title of any person primarily liable for the payment of a tax on",
"chapter": null,
"content": "building or lands or both to or over such buildings or land or both is transferred, \nthe person whose title is so transferred and the person to whom the same is \ntransferred shall, within three months after execution of the instrument of \ntransfer, or after its registration if it be registered, or after the transfer is effected, \nif no instrume nt be executed, give notice of such transfer in writing to the chief \nofficer. \n \n(2) In the event of th e death of any person primarily liable as aforesaid, the \nperson to whom the title of the deceased shall be transferred as heir or otherwise, \nshall give no tice of such transfer to the chief officer within one year from the \ndeath of the deceased. \n \n(3) If the person liable to give the notice referred to in sub -section (1) or sub -\nsection (2), fails to give such notice he shall be punished with fine which may \nextend to fifty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 447
},
{
"number": "116",
"title": "Section 116. (1) The notice to be given under section 115 shall be in the form so specified in",
"chapter": null,
"content": "Schedule II or Schedule III, as the case may be, and shall state clearly and \ncorrectly all the particulars required by the said form. \n \n(2) On receipt of any such notice, the chief officer may, if he thinks it necessary, \nrequire the production of the instrument of transfer, if any, or a copy thereof, \nobtained under section 57 of the Indian Registration Act, 1908.",
"footnote": "",
"is_definition": false,
"sort_order": 448
},
{
"number": "117",
"title": "Section 117. (1) Every person primarily liable for the payment of a tax on building or land or",
"chapter": null,
"content": "both who transfers his title to or over such building or land or bo th without \ngiving notice of such transfer to the chief officer as aforesaid shall, in addition to \nany other liability which he incurs through such neglect, continue to be liable for \nthe payment of the said tax on the buildings or lands or both until he giv es such \nnotice, or until the transfer shall have been recorded by the executive committee. \n \n(2) But nothing in this section shall be held to diminish the liability of the \ntransferee for the said tax or to affect the prior claim of the municipality on the \nsaid building and land conferred by section 140, for the recovery of the tax on \nthe buildings or land or both. \n \n(3) Power to charge fees.",
"footnote": "",
"is_definition": false,
"sort_order": 449
},
{
"number": "118",
"title": "Section 118. (1) When any licence is granted under this Act, or when permission is g iven",
"chapter": null,
"content": "thereunder for making any temporary erection or for putting up any projection, \nor for t he temporary occupation of any public street or other land vested in the \nmunicipality, the authority grating or giving such licence or permission may \ncharge a fee for the same : \nNotice to be given to \nthe chief officer of all \ntransfers of title of \nperson primarily \nliable to payment of \ntax on buildings or \nlands. \nForm of notice. \nXVI of 1908. \nLiability for payment \nof tax on building or \nland or both to \ncontinue in absence \nof any notice of \ntransfer. \nFees may be charged \nfor certain licences. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n79 of 158 \n \nProvided that when permission is given for putting up a projection, the \nauthority giving such permission may charge every year a recurring fee until the \nprojection is removed. \n \n (2) The municipality may charge a higher fee by way of penalty for any \nerection, or projection, or for the use or occupation of any public street or other \nland vested in the municipality, by any person without its permission or licence. \nSuch fee shall be leviable irrespective of any other penalty or liability to which \nthe person liable to pay the same may be subject under any other provision of \nthis Act or any other law for the time being in force. \n \nThe rates of such higher fees shall be determined by rules. \n \n (3) A chief officer may also charge such fees as may be fixed by bye-laws under \nclause (a) of sub -section (1) of section 275 for the use of any such places \nmentioned in that clause as belong to the municipality. \n \n(4) Special provisions relating to certain taxes.",
"footnote": "",
"is_definition": false,
"sort_order": 450
},
{
"number": "119",
"title": "Section 119. (1) A municipality may, instead of imposing a water -rate or where a water -rate",
"chapter": null,
"content": "has been imposed in individual cases, instead of levying a rate imp osed in \nrespect of the supply of water belonging to the municipality to or for use in \nconnection with any private lands or buildings,- \n \n(a) fix at rates not exceeding such as shall be specified in the rules in \nforce under section 271, charges for such supp ly according to the \nquantity used, as ascertained by measurement; or \n \n(b) arrange with any person on his application to supply on payment, \nperiodical or otherwise, water belonging to the municipality in such \nquantities, or for such pu rposes, whether domestic, ornamental, or \nirrigational or for trade, manufacture or any other purpose, on such terms \nand subject to such conditions as it shall fix by agreement with such \nperson : \n \nProvided that - \n \n(a) the meters, connection -pipes and all other works necessary fo r and \nincidental to such supply, and all repairs, extensions and alteration of \nsuch works shall be under the control of the municipality and the \nexpense thereof shall, so far as it is not inconsistent with the rules or bye-\nlaws of the municipality, to be d efrayed by the persons liable for the \ncharges or payments fixed in respect of such supply; and \n \n(b) such supply of water shall be and shall be deemed to have been \ngranted, subject to all such conditions as to the limit or stoppage thereof \nand as to the prevention of waste or misuse, as are prescribed in the bye -\nlaws for the time being in force under section 275. \n \n(2) Where a municipality has made provision for the cleansing of any factory, \nhotel or cl ub or any group of buildings or lands used for any one purpose and \nunder one management, it may, instead of levying in respect thereof any special \nsanitary cess imposed under this Chapter, fix a special rate and the dates and \nother conditions for periodica l payments thereof; such rate, dates and conditions \nshall be determined either, \n \n(i) in accordance with the rules for the time being in force under section \n271, or \n \n(ii) by written agreement with the person who would have been \nLevy of fees for \nunauthorized \noccupation or \nprojection. \nMarket and \ntheir fees. \nFixed charges and \nagreement for \npayment in lieu of \ntaxes for water \nsupplied. \nPower to fix a \nspecial rate in lieu \nspecial sanitary \ncess. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \notherwise liable for the cess , provided that in fixing the amount of such \nrate proper regard shall be had to the probable cost to the municipality of \nthe service to be rendered. \n \n \n(3) Where a municipality has imposed a tax on vehicles or a nimals used for \nriding, draught or burden and kept for such use within the municipal borough , it \nmay compound with the keeper of any livery -stable or of horses or vehicles kept \nfor sale and hire for the payment of a lump sum for any period not exceeding one \nyear at a time, in lieu of any amount which such keeper would otherwise have \nbeen liable to pay on account of the tax imposed as aforesaid. \n \n(4) Every sum claimed by a municipality as due under sub-section (1) as charges, \npayments or expenses, or as a special rate under sub-section (2) or as a lump sum \npayable under sub-section (3), shall for the purposes of Chapter IX be deemed to \nbe, and shall be recoverable in the same manner as, an amount claimed on \naccount of a tax recoverable under the said Chapter : \n \nProvided that nothing in this section shall affect the right or power of a \nmunicipality to contract with any person to supply for use beyond the limits of \nthe municipal borough, at such rates and on such condi tions as the municipality \nmay think fit, any quantity of water belonging to the municipality but not \nrequired for the purpose of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 451
},
{
"number": "120",
"title": "Section 120. Where a tax is imposed under this Act on pilgrims reso rting periodically to a shrine",
"chapter": null,
"content": "within the limits of a municipal borough, the Development Commissioner may require \nthe municipality of such borough to assign and pay to the district panchayat or to the \ntaluka panchayat having authority in the taluka in whic h such municipal borough is \nsituate, or partly to the said district panchayat and partly to the said taluka panchayat, \nsuch portion of the total collections on account of such tax as he shall deem fit; and the \nportion so assigned shall be expended by the s aid panchayat or panchayats within the \nareas respectively, under their authority on works conductive to the health, conveni ence \nand safety of the said pilgrims. \n \n \n(5) 56[* * * * ] Tolls,",
"footnote": "",
"is_definition": false,
"sort_order": 452
},
{
"number": "121",
"title": "Section 121. [Power to take effectual measures to prevent entry without payment of octroi.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 453
},
{
"number": "122",
"title": "Section 122. [Octroi by-laws to be submitted with proposal for imposition of octroi. I",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 454
},
{
"number": "123",
"title": "Section 123. [Power to examine articles to octroi.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 455
},
{
"number": "124",
"title": "Section 124. [Presentation of bills for octroi.]",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 456
},
{
"number": "125",
"title": "Section 125. [Penalty for evasion of octroi.]",
"chapter": null,
"content": "Sections 121 to 126 were deleted by Guj. 14 of 2001, s. 6.",
"footnote": "",
"is_definition": false,
"sort_order": 457
},
{
"number": "126",
"title": "Section 126. A municipality imposing any toll under this Act, shall cause to be kept at each place",
"chapter": null,
"content": "where such toll is to be collected, a table in the Gujarati, and in English language \nshowing the amount leviable in all cases provided for in the rul es including the terms, if \nany, on which the liability to pay such tolls may be compounded by periodical \npayments; and it shall be the duty of every person authorized to demand payment of a \ntoll, to show such table on the request of any person form whom such demand is made.",
"footnote": "",
"is_definition": false,
"sort_order": 458
},
{
"number": "127",
"title": "Section 127. 57[(1) In the case of nonpayment on demand of any to ll leviable by a",
"chapter": null,
"content": "municipality, any person appointed to collect such toll may seize any vehicle or \nanimal on which the to ll is chargeable or any part of the burden on such vehicle \nor animal which is of sufficient value to satisfy the demand, and may detain the \nsame. He shall thereupon give the person in possess ion of the vehicle or animal \nseized, a list of the property together with a written notice in the form specified \nPower to \ncompound tax on \nvehicles or \nanimals. \nRecovery of sum \nclaimed under \nthis section. \nTaxes on pilgrims \nmay be assigned in \npart to panchayats. \nTable of tolls to \nbe shown on \ndemand. \nPower to seize \nvehicle or animal \non non-payment \nof 58[* *] toll. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n81 of 158 \nin Schedule VI;] \n \n (2) When any property seized is subject to speedy decay, or when expense of \nkeeping it together with the amount of the 59[* * *] toll chargeable is likely to \nexceed its value, the person seizing such property may inform the person in \nwhose possession it was that it will be sold at once; and shall sell it or cause it to \nbe sold accordingly unless the amount of 59[ * * *] toll demanded be forthwith \npaid. \n \n (3) If at any time before a sale has begun, the person from whose possession the \nproperty has been seized, tenders at the municipal office the amount of all \nexpenses incurred and of the 59[* * *] toll payable, the chief officer shall \nforthwith deliver to him the property seized. \n \n (4) If no such tender is made, the property seized may be sold, and the proceeds \nof such sale shall be applied in payment of such 60 * * * toll and the expenses \nincidental to the seizure, detention and sale. \n \n (5) The surplus, if any of the sale -proceeds shall be credited, to the municipal \nfund, and may on application made to the chief officer in writing within three \nyears next after the sale, be paid to the person in whose possession the property \nwas, when seized, and if no such applications made, shall be the property of the \nmunicipality.",
"footnote": "",
"is_definition": false,
"sort_order": 459
},
{
"number": "128",
"title": "Section 128. [Power to keep account current with person, firm or public body in lieu of levying",
"chapter": null,
"content": "octroi on introduction of goods. I",
"footnote": "",
"is_definition": false,
"sort_order": 460
},
{
"number": "129",
"title": "Section 129. [Collection of octroi by one public body on behalf of others.]",
"chapter": null,
"content": "61[129A. [Fanning of octroi ] ] Sections 128 to 129A were deleted by Guj. 14 of 2001, S.",
"footnote": "",
"is_definition": false,
"sort_order": 461
},
{
"number": "6",
"title": "Section 6. (6) Powers of State Government in respect of municipal taxes.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 462
},
{
"number": "130",
"title": "Section 130. (1) If it shall at any time appears to the State Government on complaint made or",
"chapter": null,
"content": "otherwise that any tax leviable by a municipality is unfair in its inciden ce or that \nthe leavy thereof or of any part thereof is obnoxious to the interest of the general \npublic, it may by order require the municipality, within such period as the State \nGovernment shall fix in this behalf to take measures for removing any objectio n \nwhich appears to it to exist to the said tax; and if within the period so fixed, \nrequirement shall not be carried into effect to the satisfaction of the State \nGovernment, it may, by notification in the Official Gazette, suspend the levy of \nsuch tax, or of such part thereof, until such time as the objection thereto shall be \nremoved: \n \nProvided that no such order or notification shall be made unless the \nmunicipality is given opportunity to show cause as to why such order or \nnotification should not be made. \n \n(2) The State Government may at any time, by a like notification, rescind any \nsuspension of tax made under sub-section (1).",
"footnote": "",
"is_definition": false,
"sort_order": 463
},
{
"number": "131",
"title": "Section 131. Where it appears to the State Government that the balanc e of the municipal fund or",
"chapter": null,
"content": "of a municipality is insufficient for meeting any expenditure incurred under section 259 \nor for the performance of any duties for the performance of which the State Government \nhas directed the Development Commissioner to fix a p eriod under section 262, the State \nGovernment may by notification require the municipality to impose, within the \nmunicipal borough, any tax specified in the notification which may be imposed under \nsection 99 and which is not at the time imposed within the said borough or to enhance \nany existing tax in such manner or to such extent as the State Government considers fit; \nand the municipality shall forthwith proceed to impose or enhance, in accordance with \nthe requisition, such tax under the provisions of this Chapter as if a resolution of the \nPower to sell \nproperty seized \nat once. \nRelease of property \non payment. \nSale. \nSurplus how \ndealt with. \nPower of State \nGovernment to \nsuspend levy of \nobjectionable \ntaxes. \nPower of State \nGovernment to \nrequire municipalities \nto impose taxes. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nmunicipality had been passed for the purpose under section 101 : \n \nProvided that- \n \n(a) the State Government shall take into consideration any objection which the \nmunicipality or any inhabitant of the municipal borough may make against the \nimposition or enhancement of such tax; \n \n(b) it shall not be lawful for the municipality to abandon or modify or to abolish \nsuch tax when imposed ; \n \n(c) the State Government may at any time cancel or modify any requisition made \nby it under this section and the levy of the tax or the enhancement, except as to \narrears theretofore accrued due, shall thereupon cease or be modified \naccordingly. \n \nCHAPTER IX. \nRECOVERY OF MUNICIPAL CLAIMS.",
"footnote": "",
"is_definition": false,
"sort_order": 464
},
{
"number": "132",
"title": "Section 132. (1) When any amount,--",
"chapter": null,
"content": "(a) which by or under any provisions of this Act, is declared to be \nrecoverable in the manner provided by this Chapter, or \n \n(b) which, not being leviable under sub -section (1) of section 127 or \npayable on demand on account of 62** * * * a toll, is claima ble as an \namount or instalment on account of any other tax which now is imposed \nor hereafter may be imposed in any municipal borough, \n \n \n \nshall have become due, the chief officer shall, with the least \npracticable delay, cause to be presented to any person liable for the \npayment thereof a bill for the sum claimed as due. \n \n(2) Every such bill shall specify the period of which, and the property, \noccupation or thing in respect of which the sum is claimed and shall also give \nnotice of the liability incurred in default of payment and of the time within which \nan appeal may be preferred as hereinafter provided against such claim. \n \n(3) If the person to whom a bill has been presented as aforesaid does not, within \nfifteen days from the presentation thereof, either— \n \n(a) pay the sum claimed as due in the bill, or \n \n(b) show cause to the satisfaction of the chief officer why he is not liable \nto pay the same, or \n \n(c) prefer an appeal in accordance with the provisions of section 138 \nagainst the claim, \n \nthe chief officer may cause to be served upon the person Liable for the payment \nof the said sum a notice of demand in the form specified in Schedule IV or to the \nlike effect.",
"footnote": "",
"is_definition": false,
"sort_order": 465
},
{
"number": "133",
"title": "Section 133. (1) If the person on whom n otice of demand has been served under sub -section",
"chapter": null,
"content": "(3) of section 132 does not within fifteen days from the service of such notice \npay the sum demanded in the notice— \n \n(i) such sum with all costs of the recovery may be levied under a warrant \nsigned by the Chief Officer in consultation with the president in the form \nspecified in Schedule V or to the like effect by distress and sale of the \nPresentation of \nbill for taxes. \nContents of bill. \nCoercive measures \nfor recovery of \nmunicipal claims. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n83 of 158 \nmovable property or the attachment and sale of immovable property of \nthe defaulter, and \n \n(ii) where the sum so demanded is on account of any tax levied in respect \nof water supply, sanitary se rvice or any other service provided by the \nmunicipality under this Act, without prejudice to any other remedy for \nthe recovery of the sum provided in this Act, it shall be lawful for the \nChief Officer to discontinue the supply of water or the relevant service \nrendered to the defaulter until the sum so demanded together with the \nexpenses incurred by the municipality in discontinuing and re -\ncommencing the water supply or as the case may be, t he service is paid \nto the municipality or recovered under this Chapter. \n \n(2) Where any measures precautionary or otherwise, have been taken in respect \nof any such property for the recovery of any sum claimed by the State \nGovernment, any proceedings under t his Chapter in respect of such property \nshall abate. \n \n (3) (a) Where the property is in the municipal borough, the warrant shall be \naddressed to an officer of the municipality ; \n \n(b) where the property is in another mun icipal borough, the warrant shall \nbe addressed to the chief officer of that municipal borough ; \n \n (c) where the property is within the limits of a Corporation other than \nthat for the City of Ahmedabad, constituted under the Bombay Provincial \nMunicipal Corporations Act, 1949, the warrant shall be addressed to the \nMunicipal Commissioner of such Corporation; \n \n(d) where the property is in a cantonment, the warrant shall be addressed \nto the executive officer of the cantonment; \n \n(e) where the pr operty is not within the limits of such Corporation or a \nmunicipal borough or cantonment, the warrant shall be addressed to a \nGovernment officer not lower in rank than a Mahalkari; \n \n(f) where the property is in the City of Ahmedabad, the warrant shall be \naddressed to the Registrar of the Court of Small Causes of Ahmedabad : \n \nProvided that such chief officer, Municipal Commissioner, \nexecutive officer, Government officer or Registrar may endorse such \nwarrant to a subordinate officer. \n \n (4) It shall be lawful for any officer to whom a warrant issued under sub -section \n(1) is addressed or endorsed, if the warrant contains a special order authorizing \nhim in this behalf, to break open at any time between sunrise and sunset any \nouter or inner door or window of a building, in order to make any distress \ndirected in the warrant, if he has reasonable grounds for believing that such \nbuilding contains property which is liable to seizure under the warrant, and if \nafter notifying his auth ority and purpose and duly demanding admittance he \ncannot otherwise obtain admittance : \n \nProvided that such officer shall not enter or break open the door of any \napartment appropriated for women, until he has given three hours' notice of his \nintention and has given such women an opportunity to remove themselves. \n \n (5) It shall also be lawful for any such officer, if authorised by the warrant, to \ndistrain, wherever it may be found, any moveable property or attach any \nimmoveable p roperty of the person named in the warrant issued under sub -\nsection (1) as defaulter, subject to the following conditions, exceptions and \nexemptions, namely :- \nTo whom warrant \nshould be addressed. \nBom. LIX of 1949. \nPower of entry under \nspecial order. \nWarrant how to be \nexecuted. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n \n(a) the following property shall not be distrained :- \n \n(i) the necessary wearing apparel and be dding of the defaulter, \nhis wife and children, \n \n(ii) the tools of artizans, \n \n(iii) when the defaulter is an agriculturist, his implements of \nhusbandary, seed-grain, and such cattle as may be necessary to \nenable the defaulter to earn his livelihood; \n \n(b) the property distrained shall be as nearly as possible equal in value to \nthe amount recoverable under the warrant; and if any property has been \ndistrained which, in the opinion of the chief officer or of the person to \nwhom the warrant was addressed, should n ot have been so distrained, it \nshall forthwith be returned to the defaulter ; \n \n(c) the officer shall on distraining or attaching the property forthwith \nmake an inventory thereof and give to the person in possession thereof at \nthe times of distraint or atta chment a written notice in the form specified \nin Schedule VI; \n \n(d) (i) when the property is immovable, the attachment shall be made \nby an order prohibiting the defaulter from transferring or \ncharging the property in any way and all persons from taking any \nbenefit from such transfer or charge; \n \n(ii) the order shall be proclaimed at some place on or adjacent to \nthe property by beat of drum or other customary mode, and a \ncopy of the order shall be fixed on a conspicuous part of the \nproperty and then upon a con spicuous part of the municipal \noffice, and also, when the property is land paying revenue to the \nState Government, in the office of the Collector of the district in \nwhich the land is situate; \n \n(e) any transfer of or charge on the property attached or of an y interest \ntherein made without the written permission of the chief officer shall be \nvoid as against all claims of the municipality enforceable under the \nattachment.",
"footnote": "",
"is_definition": false,
"sort_order": 466
},
{
"number": "134",
"title": "Section 134. (1) When the property seized is subject to speedy and natural decay, or when the",
"chapter": null,
"content": "expense of keeping it in custody together with the amount to be levied is likely \nto exceed its value, the chief officer shall at once give notice to the person in \nwhose possession the property was when distrained, to the effect that it will be \nsold at once; and shall sell it accordingly unless the amount named in the warrant \nbe forthwith paid. \n \n(2) If not sold at once under sub -section (1), the property distrained or attached \nor in the case of immovable property a sufficient portion thereof may, unless the \nwarrant is suspended by the Chief officer or the sum due by the defaulter \ntogether with all costs incidental to the notice, warrant, and distr ess or \nattachment and detention of the property is paid, be, on the expiry of the time \nspecified in the notice served by the officer executing the warrant, sold by public \nauction under the orders of the chief officer, and the proceeds or such part \nthereof as shall be requisite, shall be applied firstly in discharge of any sum due \nto the State Government in respect of such property and secondly in discharge of \nthe sum due and of all such incidental costs as aforesaid. Where the sum due \ntogether with costs is paid by the defaulter as aforesaid, the attachment if any of \nimmovable property shall be deemed to have been removed. Sales of immovable \nproperty under this sub-section shall be held in the manner laid down in the rules \nSale of goods \ndestrained in \nspecial cases. \nSale of property \ndistrained or \nattached; \napplication of \nproceeds of sale. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n85 of 158 \nframed in that behalf. \n \n(3) After sa le of the immovable property by auction as aforesaid, the chief \nofficer shall put the person declared to be the purchaser in possession of the \nsame and shall grant him a certificate to the effect that he has purchased the \nproperty to which the certificate refers. \n \n(4) It shall be lawful for the municipality to offer a nomina l bid, in the case of \nany immovable property put up for auction provided the previous approval of the \nCollector is obtained to such bidding. \n \n(5) The sur plus, if any, shall be forthwith credited to the municipal fund, notice \nof such credit being given at the same time to the person in whose possession the \nproperty was at the time of distraint or attachment; if such person shall claim the \nsurplus by written application to the chief officer within three years from the \ndate of the notice given under this sub -section, the chief officer shall refund the \nsurplus to such person. Any sum not claimed within three years from the date of \nsuch notice shall be the property of the municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 467
},
{
"number": "135",
"title": "Section 135. Where the warrant is addressed outside the municipal borough , the chief officer",
"chapter": null,
"content": "may by endorsement direct the officer or Registrar of the Court of Small Causes of \nAhmedabad to whom the warrant is addressed, to sell the property distrained or attached; \nin such case it sha ll be lawful for such officer or Registrar to sell the property and to do \nall things incidental to the sale in accordance with the provisions of section 134, and to \nexercise the powers and perform the duties of the chief officer under sub-sections (1) \nand (2) of section 134 in respect of such sale except the power of suspending the \nwarrant. Such officer or Registrar shall, after deducting all costs of recovery incurred by \nhim, remit the amount recovered under the warrant to the chief officer by whom it was \nissued who shall dispose of the same in accordance with the provisions of section 134.",
"footnote": "",
"is_definition": false,
"sort_order": 468
},
{
"number": "136",
"title": "Section 136. Fees for every notice issued under sub -section (3) of sec tion 132, every warrant",
"chapter": null,
"content": "issued under sub -section (1) of section 133 or distress or attachment made under sub -\nsection (4) of the said section, and the maintenance of any livestock seized under the \nsaid sub-section shall be chargeable at the rates respectiv ely specified in that behalf in \nthe rules of the municipality and shall be included in the costs of recovery to be levied \nunder section 133.",
"footnote": "",
"is_definition": false,
"sort_order": 469
},
{
"number": "137",
"title": "Section 137. (1) If the chief officer shall a t any t ime have reason to believe that any person",
"chapter": null,
"content": "from whom any sum recoverable under the provisions of this Chapter is due or is \nabout to became due, is about to remove himself from the municipal borough, \nthe chief officer may direct the immediate payment by such person of the sum so \ndue or about to become due by him and cause a bill for the same to be presented \nto him. \n \n(2) If, on presentation of such bill, the said person does not forthwith pay the \nsum due or about to become due by him , the amount shall be leviable by distress \nand sale of the moveable property or the attachment and sale of the immovable \nproperty of the defaulter in the manner hereinbefore prescribed, except that it \nshall not be necessary to serve upon the defaulter any notice of demand an d the \nchief officer's warrant for distress and sale may be issued and exec uted without \nany delay.",
"footnote": "",
"is_definition": false,
"sort_order": 470
},
{
"number": "138",
"title": "Section 138. (1) Appeals against any claim included in a bill presented under sub -section (1)",
"chapter": null,
"content": "of section 132 may be made to any Judicial Mag istrate or Bench of such \nMagistrates by whom under the direction of the Session Judge such class of \ncases is to be tried. \n \n(2) No such appeal shall be entertained unless- \n \n(a) the appeal is brought within fifteen days next after the presentation of \nthe bill complained of; and \nSurplus, if any, \nhow dealt with. \nSale outside \nmunicipal \nborough. \nFees and \ncosts charge-\nable. \nSummary proceedings \nmay be taken against \npersons about to leave \nthe borough. \nAppeals to Magistrates. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n \n(b) in the case of a tax on buildings or land or both , an application in \nwriting, stating the grounds on which the claim of the municipality is \ndisputed, has been made to the executive committee within the time \nfixed in the notice giv en under section 108 or 109 of the assessment or \nalternation thereof, according to which the bill is prepared, and \n \n(c) the amount claimed from the applicant has been deposited by him in \nthe municipal office. \n \n(3) The decision of the Magistrate or Bench of Magistrate in any appeal made \nunder sub-section (1) shall, at the instance of either party, be subject to revision \nby the Court to which appeals against the decision of such Magistrate or Bench \nordinarily lie.",
"footnote": "",
"is_definition": false,
"sort_order": 471
},
{
"number": "139",
"title": "Section 139. (1) Every entry in the assessment list made under the provisions of this Act",
"chapter": null,
"content": "against which no objection is made as hereinafter provided, and the amount of \nevery sum claimed from any person under this Act on account of any tax , if no \nappeal therefrom is made as hereinafter provided, and, subject to the provisions \nof sub -section (3) of section 138 , the decision of the Magistrate or Bench of \nMagistrates upon any appeal shall be final. \n \n(2) Effect shall be given by the chief offic er to every decision of the said \nMagistrate or Bench of Magistrates on any appeal or any decision in revision on \nsuch appeal against any such entry or tax.",
"footnote": "",
"is_definition": false,
"sort_order": 472
},
{
"number": "140",
"title": "Section 140. All sums due on account of any tax imposed on la nds or, buildings or both shall,",
"chapter": null,
"content": "subject to prior payment of land-revenue, if any, due to Government thereupon be a first \ncharge upon the buildings or land, in respect of which such tax is leviable and upon the \nmoveable property, if any, found within or upon such buildings or land, and belonging to \nany person liable for such tax: \n \nProvided that no arr ears of any such tax shall be recovered from any occupier \nwho is not the owner if such arrears have been due for more than one year or for a period \nduring which such occupier was not in occupation.",
"footnote": "",
"is_definition": false,
"sort_order": 473
},
{
"number": "141",
"title": "Section 141. For all sums paid on account of any tax under this Act, a receipt stating the amount,",
"chapter": null,
"content": "and the tax on account of which it has been paid shall, be tendered by the person \nreceiving such payment.",
"footnote": "",
"is_definition": false,
"sort_order": 474
},
{
"number": "142",
"title": "Section 142. Where any amount referred to in sub-section (1) of section 132 has become due and",
"chapter": null,
"content": "cannot be recovered under the foregoing provisions of this Chapter by reason of the \nperson liable for the payment thereof being outside the State of Gujarat or his not having \nany or sufficient property in the State, and such person has property outside the State, \nthen such amount shall be recoverable as an arrears of land revenue and the provisions of \nthe Revenue Recovery Act, 1890 shall apply to the recovery thereof. \n \n63[CHAPTER IX A. \nFINANCE COMMISSION.",
"footnote": "",
"is_definition": false,
"sort_order": 475
},
{
"number": "142A",
"title": "Section 142A. (1) The Finance Commission shall review the financial position of the",
"chapter": null,
"content": "municipalities and make recommendations to the Government as to- \n \n(a) the principles which should govern- \n \n(i) the distribution between the State and the municipalities of the \nnet proceeds of the taxes, duties, tolls and fees leviable by the \nState, which may be divided between them and t he allocation \nbetween the municipalities at all levels of their respective shares \nEntries in the \nassessment list and \ntaxes and decisions to \nbe final. \nLiability of land, \nbuildings, etc, for \ntaxes. \nReceipts to be \ngiven for all \npayments. \nCertain amounts to \nbe recovered as \narrears of land \nrevenue. \n1 of 1890. \nFinance Commission. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n87 of 158 \nof such proceeds; \n \n(ii) the determination of the taxes duties, tolls and fees which \nmay be assigned to, or appropriated by, the municipalities; \n \n(iii) the grants-in-aid to the municipalities from the Consolidated \nFund of the State; \n(b) the measure needed to improve the financial position of the \nmunicipalities; \n \n(c) any other matter referred to the Finance Commission in the interest of \nsound finances of the municipality. \n \n(2) Every recommendation made by the Finance Commission together with an \nexplanatory memorandum as to the action taken thereon shall be la id before the \nState Legislature.] \nCHAPTER X. \nFINANCIAL ASSISTANCE TO MUNICIPALITIES",
"footnote": "",
"is_definition": false,
"sort_order": 476
},
{
"number": "143",
"title": "Section 143. A municipality shall, in respect of the cost of collection of land revenue (including",
"chapter": null,
"content": "cesses) and recoverable as arrears of land revenue under section 93 be entitled to rebate \nat such rate as the State Government may be genera l or special order determine and \ndifferent rates may be determined for different municipalities.",
"footnote": "",
"is_definition": false,
"sort_order": 477
},
{
"number": "144",
"title": "Section 144. 64[(1) The State Government may, after considering the recommendations of the",
"chapter": null,
"content": "65[Finance Commission or otherwise ] determine whether for augmenting the \nfinances of a municipality for any of the purposes of this Act , it is necessary to \nmake any grant to the municipality and if so, the amount thereof. \n \n(2) The grant so determined shall be made to the municipality every year but it \nmay be revised after a period of every five years having regard to the \nrecommendations of the 65[Finance Commission or otherwise] in respect of the \nrevision of grants to municipalities.] \n \n(3) Every grant under this section shall be made after due a ppropriation made by \nthe State Legislature by law in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 478
},
{
"number": "145",
"title": "Section 145. The payment of a grant to a municipality shall be subject to the condition that if",
"chapter": null,
"content": "there be any amount due from the municipality to the State Government , it shall b e \nlawful for the State Government to recover the amount from the municipality by making \nthe deduction from the amount of the grant payable to the municipality under sub-section \n(2) of section 144. \n \nCHAPTER XI. \nMUNICIPAL POWERS AND OFFENCES. \n \n(1) Powers in respect of streets.",
"footnote": "",
"is_definition": false,
"sort_order": 479
},
{
"number": "146",
"title": "Section 146. (1) It shall be lawful for a municipality to lay out and make new public streets; to",
"chapter": null,
"content": "construct tunnels and other works subsidiary to public streets: to widen, open, \nenlarge or otherwise improve, and to turn, divert, extend, discontinue or stop up \nany public street; and, subject to the provision of sub -section (2) of section 65 to \nlease or sell any such land, theretofore used or acquired by the municipality for \nthe purposes of such streets, as may not be required for any public street or for \nany other purposes of this Act: \n \nProvided that no proposal for permanently discontinuing any public \nstreet shall be sanctioned by a municipality unless one month at least before the \nmeeting at which the proposal is decided, a notice signed by the chief officer has \nbeen put up on the notice board in the office of the municipality and in the street \nor part of a street which is proposed to be so discontinued informing the \nRebate in respect \nof cost of \ncollection of land \nrevenue, etc. \nPower of \nGovernment to \nmake grants. \nCondition of grant. \nPower \nregarding \npublic streets. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nresidents of the said proposal nor until the ob jections, if any, to the said proposal \nmade in writing any time before the day of the said meeting have been received \nand considered by the municipality. \n \n (2) In laying out, making, turning, diverting, extendin g, widening, opening, \nenlarging or otherwise improving any public street, in addition to the land \nrequired for the carriage-way and foot-ways and drains thereof, the municipality \nmay acquire the land required for the construction of houses and buildings to \nform the said street; and, subject to the provisions contained in sub-section (2) of \nsection 65, may sell and dispose of such additional land in perpetuity or on lease \nfor a term of years with such stipulations as to the class and description of \nhouses or buildings to be erected thereon as it may think fit.",
"footnote": "",
"is_definition": false,
"sort_order": 480
},
{
"number": "147",
"title": "Section 147. (1) Where the executive committee considers that in any street not being a public",
"chapter": null,
"content": "street, or in any part of such street, within the municipal boro ugh, it is necessary \nfor the public health convenience or safety that any work should, be done for the \nlevelling, paving, metalling, flagging, channeling, draining, lighting or cleaning \nthereof, the executive committee may by written notice require the res pective \nowners of the lands or buildings, fronting adjoining or abutting upon such street \nor part thereof, to carry out such work in a manner and within a time to be \nspecified in such notice. \n \n (2) After such work has be en carried out by such owners or, as provided in \nsection 239 by the municipality at the expense of such owners, the street or part \nthereof in which such work has been done may, and on the joint requisition of a \nmajority of the said owners shall, be declare d by a public notice, put up therein \nby the executive committee, to be a public street. \n \n (3) If the notice under sub -section (1) is not complied with and such work is \nexecuted by the municipality as provided in secti on 239, the expenses thereby \nincurred shall be apportioned by the executive committee between such owners \nin such manner as it may think fit, regard being had, if it deems it necessary to \nthe amount and value of any work already done by the owners or occup iers of \nany such lands or buildings.",
"footnote": "",
"is_definition": false,
"sort_order": 481
},
{
"number": "148",
"title": "Section 148. The executive committee may at any time, by notice fixed up 66[in any private street",
"chapter": null,
"content": "which is not maintainable by the municipality but which is permanently accessible to the \npublic] give intimation of its intention to declare the same a public street, and unless \nwithin one month next after such notice has been so put up the owner of such street or of \ngreater part thereof lodges objecti ons thereto at the municipal office, the municipality \nmay, by notice in writing put up , in such street, or such part, declare the same to be a \npublic street. \n \n67[Explanation.-In this section, the expression \"private street\" means any road, \nfootway, square, court, alley or passage, whether a thoroughfare or not, but which is not \na public street.]",
"footnote": "",
"is_definition": false,
"sort_order": 482
},
{
"number": "149",
"title": "Section 149. (1) Every person intending to lay out or make any new street, shall give notice,",
"chapter": null,
"content": "in writing thereof to the chief officer and shall furnis h plans and sections \nshowing the intended level, means of drainage, direction and width of such \nstreet, and such other particulars as may be required by the by -laws in force in \nthis behalf; and save as hereinafter provided, the level, means of drainage, \ndirection and width of every such street shall be fixed or approved by the \nexecutive committee. \n \n (2) Before passing orders under sub -section (1), the executive committee may \neither issue a provisional order dire cting that for a period therein specified, \nwhich shall not be longer than one month from the date of such order the \nintended work shall not be proceeded with or demand further particulars. \n \nAcquisition of \nadjacent land to \nform street. \nPower to \nrequire, repair \netc., of private \nstreet. \nAnd to declare \nsuch street \npublic. \nApportionme-\nnt of expenses \nin default. \nPower to declare any \nstreet a public street \nsubject to objections \nby the owners. \nNew private streets. \nPower of municipality \nto pass interim orders. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n89 of 158 \n (3) If- \n \n(a) within one month from the receipt of the notice given under sub -\nsection (1), the executive committee has neither- \n \n(i) passed orders and served notice thereof either fixing or \ndisapproving the proposals submitted under sub -section (1) with \nregard to level, means of drainag e, direction and width of the \nstreet; nor \n \n(ii) under sub-section (2) issued any provisional order or demand \nfor further particulars, or \n \n(b) the executive committee, having issued such demand for and having \nreceived in accordance with the demand such furt her particulars, has \nissued no further orders within one month from the receipt of such \nparticulars, \n \nthen within a period of one year from the date on which the \nperson giving notice under sub-section (1) becomes entitled to lay out or \nmake the street, the street may be laid out and made, in such manner as \nmay have been specified in the notice under sub -section (1) and as is not \ninconsistent with any provision of this Act or of any bye-law for the time \nbeing in force thereunder. \n \n (4) Whoever lays out or makes any such street either without giving the notice \nrequired by sub-section (1) or, except in accordance with the provisions of sub - \nsection (3), without awaiting or otherwise than in accordance with the \ninstructions issued by the executive comm ittee, or in any manner contrary to the \nprovisions of this Act or of any bye -law in force thereunder, shall be punished \nwith fine which may extend to one thousand rupees; and the executive \ncommittee may cause any street so laid out or made to be altered an d, any \nbuilding constructed in such street to be altered or removed and the expense \nthereby incurred shall be paid to it by the offender, and shall be recoverable in \nthe same manner as an amount claimed on account of any tax recoverable under \nChapter IX.",
"footnote": "",
"is_definition": false,
"sort_order": 483
},
{
"number": "150",
"title": "Section 150. (1) The chief officer shall subject to the approval of the municipality prescribe a",
"chapter": null,
"content": "line on each side of every public street within the municipal borough and may \nfrom time to time prescribe a fresh line in substitution for any line so prescribed \nor for any part thereof: \n \nProvided that- \n \n(a) at least one month previous to prescribing such line or such fresh \nline, as the case may be , the chief officer shall give public notice of the \nproposal and shall put up special notice thereof in the street or part of the \nstreet for which such line or such fresh line is proposed to be prescribed; \n \n(b) the chief officer shall comply with any orders passed by the \nmunicipality after considering any written objection or suggestion in \nregard to such proposal. delivered at the office of the municipality within \nsuch time as may be specified in such public or special notice : \n \nProvided further that the width of the street as per line once \nprescribed shall not be curtailed or that the line once prescribed shall not \nbe shifted towards the centre of the street without the sanction of the \nCollector. \n \n(2) The line for the time being so prescribed shall be ca lled \"the regular line of \nthe public street\". \nRight to \nproceed in \ncertain cases. \nPenalty. \nRegular line of a \npublic street. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n \n(3) (a) Except under the provisions of section 176 no person shall construct \nor reconstruct any portion of any building within the regular line of the \npublic street without the permission of the chief officer under section",
"footnote": "",
"is_definition": false,
"sort_order": 484
},
{
"number": "155",
"title": "Section 155. (b) Where the chief officer refuses permission to construct or reconstruct",
"chapter": null,
"content": "any building in any area within the regular line of the public street, such \narea shall on the expiry of a period of one year from the date on which \npermission was so refused or before the expiry of the said period, with \nthe approval of the municipality be added to the street and shall \nthenceforth be deemed part of the public street and shall be vested in the \nmunicipality. \n \n(c) Compensation, the amount of which shall in case of dispute be \nascertained and determined in the manner provided in section 268, shall \nbe paid by the municipality to the owner of any land, added to a street \nunder clause (b) for the value of the said land, and to the owner of any \nbuilding for any loss, damage or expense incurred by such owner in \nconsequence of any action taken or order passed by the chief officer \nunder this sub-section : \n \nProvided that no such compensation shall be payable in cases to \nwhich section 182 applies. \n \n(4) Whoever contravenes the provisions of sub-section (3) shall be punished with \nfine which may exte nd to three thousand rupees and, in the case of a continuing \ncontravention, with an additional fine which may extend to twenty rupees for \nevery day during which such contravention continues after the conviction for the \nfirst such contravention, and the chief officer may- \n \n(a) direct that the building be stopped, and \n \n(b) with the previous sanction of the executive committee, by written \nnotice, require such building or portion thereof to be altered or \ndemolished in accordance with the provisions of such notice. \n \n(2) Powers to regulate buildings, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 485
},
{
"number": "151",
"title": "Section 151. (1) If any part of a building projects beyond the regular line of a public street as",
"chapter": null,
"content": "prescribed under section 150 or beyond the front of the building on either side \nthereof, the municipality may,- \n \n(a) if the projecting part thereof is a verandah, step or some other \nstructure external to the main building, then at any time, or \n \n(b) if the projecting part is not such external structure as aforesaid, then \nwhenever the greater portion o f such building or whenever any material \nportion of such projecting part has been taken down or burned down or \nhas fallen down, require by written notice either that the part or some \nportion of the part projecting beyond the said regular line or beyond the \nsaid front of the adjoining building on either side thereof shall be \nremoved or that such building when being rebuilt shall be set back to or \ntowards the said regular line or the front of such building. The portion of \nland added to the street by such sett ing back or removal shall thereforth \nbe deemed part of the public street and be vested in the municipality. \n \n (2) (a) If any land not vested in th e municipality, whether open or enclosed , \nlies within the regular line of a public street , and is not occupied by a \nbuilding other than a platform, verandah, step or other struct ure external \nto a main building, the municipality, after giving the owner of t he land \nSetting back \nprojecting \nbuildings. \nAcquisition of land \nwhich is within the \nregular line of a \nstreet and open or \noccupied only by \nplatforms, etc. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n91 of 158 \nnot less than fifteen clear days, written notice of its intention, or if the \nland is vested in Government then with the permission in writing of the \nCollector, may take possession of the said land with its enclosing wall, \nhedge or fence, if any, an d, if necessary, clear the same ; and the land so \nacquired shall thenceforward be deemed a part of the public street, and \nbe vested in the municipality. \n \n(b) If any such land is occupied by a building and, in the opinion of the \nmunicipality the projecting p art of the building is an obstruction to the \nsafe and convenient passage along the public street, the municipality may \nfor the purpose of removing the projecting part, proceed to acquire the \nland which lies within the regular line of the public street alon gwith the \nsuperstructure thereon and the provisions of section 69 shall apply to \nsuch acquisition. \n \n(3) Compensation, the amount of which shall in case of dispute be ascertained \nand determined in the manner provide d in section 268, shall be paid by the \nmunicipality to the owner of any land added to a street under sub -section (1) or \nacquired under sub-section (2), for the value of the said land, and to the owner of \nany building for any loss, damage or expense incurre d by such owner in \nconsequence of any action taken by the municipality under either of the said sub-\nsections; provided that no such compensation shall be payable in cases to which \nsection 182 applies. \n \n \n(4) When the amount of compensation has been so ascer tained and determined, \nor when a ruinous or dangerous building falling under sub -section (1) has been \ntaken down under the provisions of section 182 , the municipality may after \ntendering the amount of compensation, if any, as may be payable, take \npossession of the land so added to the street, and , if necessary, may clear the \nsame.",
"footnote": "",
"is_definition": false,
"sort_order": 486
},
{
"number": "152",
"title": "Section 152. (1) The executive committee may, u pon such terms as it thinks fit, allow any",
"chapter": null,
"content": "building to be set forward for improving the line of any public street in which \nsuch building is situated. \n \n(2) If the land which will be included in the premises of any person permitted \nunder sub-section (1) to set forward a building belongs to the municipality, the \npermission of the executive committee to set forward the building shall be a \nsufficient conveyance to the said owner of the said land; and the price to be paid \nto the municipality by the said owner for such land and the other terms and \nconditions of the conveyance shall be set forth in the said permission.",
"footnote": "",
"is_definition": false,
"sort_order": 487
},
{
"number": "153",
"title": "Section 153. (1) The external roofs and walls of buildings constructed or renewed after the",
"chapter": null,
"content": "coming into force of this Act, shall not be made of grass, wood, cloth, canvas, \nleaves, mats or other inflammable material except with the written consent of the \nchief officer which may be given either specially in individual cases, or \ngenerally in respect of any area specified therein. \n \n (2) The chief officer may at any time by written notice require the owner of any \nbuilding which has an external roof or wall made of any material as aforesaid, to \nremove such roof or wall within such reasonable time as shall be specified in the \nnotice whether such roof or wall was or was not made before the time at which \nthis Act came into force, and whether it was made with or without the consent of \nthe chief officer. \n \n(3) An appeal shall lie to the executive committee against any order of the chi ef \nofficer refusing the consent under sub -section (1) or against any notice given by \nthe chief officer under sub -section (2) if made within fifteen days of the receipt \nof such refusal or notice, as the case may be. \nCompensation \npayable by the \nmunicipality. \nSetting forward to \nregular line of street. \nRoofs and external \nwall of buildings \nnot to be made of \ninflammable \nmaterials. \nPower to require \nremoval of roof and \nwall if inflamable. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n \n (4) Whoever without such conse nt as is required by sub -section (1), makes, or \ncauses to be made, or in disobedience to the requirements of a notice given under \nsub-section (2), suffers to remain, any roof or wall of such material as aforesaid, \nshall be punished with fine which may exte nd to one hundred rupees, and with \nfurther fine which may extend to ten rupees for every day on which the offence \nis continued unless the offence ceases to continue before the expiry of seven \ndays from the date of the first conviction.",
"footnote": "",
"is_definition": false,
"sort_order": 488
},
{
"number": "154",
"title": "Section 154. No building shall hereafter be constructed upon a lower level than will allow of the",
"chapter": null,
"content": "drainage thereof being led into some public sewer or drain either then existing or \nprojected by the municipality, or into some stream or river or into the sea or som e \ncesspool or other suitable place which may be approved of by the chief officer.",
"footnote": "",
"is_definition": false,
"sort_order": 489
},
{
"number": "155",
"title": "Section 155. (1) Before beginning to construct any building or to alter externally or add to any",
"chapter": null,
"content": "existing building, or to construct or reconstruct any proje cting portion of a \nbuilding in respect of which the executive committee is empowered by section \n151 to enforce a removal or set back, or to construct or reconstruct which the \nchief officer is empowered by section 150 to give permission, the person \nintending so to construct, alter, add or reconstruct shall give to the chief officer \nnotice thereof in writing and shall furnish to him at the same time, if required by \na by-law or by special order of the State Government to do so, a plan certified by \na qualified person recognised by the municipality for the purpose and showing \nthe levels, at which the foundation and lowest floor of such building are \nproposed to be laid, by reference to some level known to the chief officer, and all \ninformation required by the by -laws or demanded by the chief officer regarding \nthe limits, design, ventilation and mat erials of the proposed building , and the \nintended situation and construction of the drains, sewers, privies, water -closets, \nand cesspools, if any, to be used in connectio n therewith, and the location of the \nbuilding with reference to any existing or projected streets, and the purpose for \nwhich the building will be used. \n \n (2) Save as otherwise provided in this act or the rules and by -laws thereunder, \nthe chief officer may either give permission to construct, alter, add or \nreconstruct. according to the plan and information furnished or may impose in \nwriting conditions, in accordance with this Act and the rules and by -laws made \nthereunder, as to level, drainage, sanitation, materials or to the dimensions and \ncubical contents of rooms, doors, windows and apertures for ventilation or to the \nnumber of storeys to be erected, or with reference to the location of the building \nin relation to any street existing or projected, or the purpose for which the \nbuilding is to be used, or may direct that the work shall not be proceeded with \nunless and until all questions connected with the respective location of the \nbuilding and any such street have been d ecided to his satisfaction or may for \nreasons recorded in writing reject the notice given under sub-section (1). \n \n(3) The municipality may, before any work has been commenced in pursuance of \nany permission granted by the chief officer under sub -section (2), revoke such \npermission and may give fresh permission in lieu thereof on such conditions, in \naccordance with this Act and the rules and by -laws made thereunder, with \nreference to the matter mentioned in the said sub -section, as it thinks proper, and \nmay d irect that the work shall not be proceeded with unless and until all \nquestions connected with the respective location of the building and any such \nstreet have been decided to its satisfaction. \n \n (4) Before issuing a ny orders under sub -section (2), the chief officer may, \nwithin one month from the receipt of such notice, either issue- \n \n(a) a provisional order directing that for a period, which shall not be \nlonger than one month from the date of such or der, the intended work \nshall not be proceeded with, or \n \nPenalty. \nLevel of buildings. \nNotice of new \nbuildings. \nPower of chief \nofficer to pass \norder. \nPower to suspend \nthe work or require \nfurther particulars, \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n93 of 158 \n(b) may demand further particulars. \n \n (5) A work proposed in a notice given under sub -section (1) may be proceeded \nwithin the manner specified in such notice, provid ed such manner is not \ninconsistent with any provision of this Act or of any by-law for the time being in \nforce thereunder in the following cases, namely :- \n \n(a) in case the chief officer within one month from the receipt of the \nnotice given under sub-section (1) has neither- \n \n(i) passed orders under sub -section (2) and served notice thereof \nin respect of the intended work ; nor \n \n(ii) issued under sub -section (4) any provisional order or any \ndemand for further particulars; \n \n(b) in case the chief officer havi ng issued such demand for and having \nreceived such further particulars, has issued no further orders within one \nmonth from the receipt of such particulars. \n \n(6) No person who becomes entitled unde r sub-section (2) or (5) to proceed with \nany intended work of which notice is required by sub -section (1) shall \ncommence such work after the expiry of the period of one year from the date on \nwhich he first became entitled so to proceed therewith, unless he shall have again \nbecome so entitled by a fresh compliance with the provisions of sub -sections (1) \nto (5). And no person to whom permission to erect or alter or add to any building \nhas been granted by the municipality under section 96 of the Bombay Distric t \nMunicipal Act, 1901, or of that Act as adapted and applied to the Saurashtra area \nor under section 123 of the Bombay Municipal Boroughs Act, 1925 or of that \nAct as adapted and applied to the Saurashtra area or that Act as extended to the \nKutch area shall be entitled to commence such work after the expiry of one year \nfrom the date on which this Act comes into force. \n \n(7) Whoever begins any construction, alteration, addition or reconstruction \nwithout giving the notice required by sub -section (1) or without furnishing any \nplan, information or particulars required by or under this section, or except as \nprovided in sub-section (5), without awaiting or in any manner contrary to such \nlegal orders of the chief officer as may be issued under this section or contrary to \nthe provisions of sub -section (5 ) or (6) or in any other respect contrary to the \nprovisions of this Act or of any by -law in force thereunder, shall be punished \nwith fine which may extend to an amount to fifty percent of the cost of the \nconstruction, alteration, addition, or reconstruction, as the case may be, or one \nthousand rupees, whichever is greater and in the case of a continuing \ncontravention of any of the aforesaid provisions, he shall be liable to an \nadditional fine which may extend to an amoun t upto one percent of the cost or \nten rupees, whichever is greater, for each day during which such contravention \ncontinues after conviction for the first such contravention; and the chief officer \nmay- \n \n(a) direct that the construction, alteration, addition or reconstruction be \nstopped, and \n \n(b) upon a conviction being obtained under sub -section (7), by written \nnotice require such construction, alteration, addition or reconstruction to \nbe altered or demolished in accordance with the provisions of such \nnotice. \n \n(8) The Chief officer may at any time inspect any work of which notice is \nrequired by sub-section (1) without giving notice of his intention to do so; and at \nany time during the execution of any such work as aforesaid, may, by written \nnotice, specify, a ny matter in respect of which the execution of such work is in \nRight to proceed in \ncertain cases. \nBom. III of 1901. \nCommencement of \nwork. \nBom. XVIII of \n1925 \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \ncontravention of any provision of this Act or of any by -law made under this Act \nat the time in force or of any order passed under this section; and require the \nperson executing such work to cau se anything done contrary to any such \nprovision or bye -law or order to be amended or to do anything which by any \nsuch provision or bye -law or order he is required to do but which has been \nomitted. \n \nExplanation.-The expression \" to construct a building\" throughout this \nChapter includes- \n \n(a) any material alteration, enlargement or reconstruction of any \nbuilding, or of any wall including compound wall and fencing, verandah, \nfixed platform, plinth, doorstep or the like, whether constituting part of a \nbuilding or not, \n \n(b) the conversion into a place for human habitation of any building not \noriginally constructed for human habitation, \n \n(c) the conversion into more than one place for human habitation of a \nbuilding originally constructed as one such place, \n \n(d) the conversion of two or more places of human habitation into a \ngreater number of such places, \n \n(e) such alterations of the internal arrangements of a building, as affect \nits drainage, ventilation or other sanitary arrangement, or its security or \nstability, and \n \n(f) the addition of any rooms, buildings, or other structures to any \nbuilding and a building so altered, enlarged, reconstructed, converted or \nadded to, is throughout this Chapter included under the expression \"a \nnew building\".",
"footnote": "",
"is_definition": false,
"sort_order": 490
},
{
"number": "156",
"title": "Section 156. (1) When a person has given notice to the chief officer under sub section (1) of",
"chapter": null,
"content": "section 155 in regard to his intention to build, add to or reconstruct a building, it \nshall be lawful to the chief officer to refuse the permission ap plied for if the \nmunicipality passes a resolution proposing to acquire the land on which any \nbuilding is proposed to be erected or any building situated on which is proposed \nto be altered, added to or reconstructed, or if the proposed construction, \nalteration, addition or reconstruction is likely to be an encroachment on land \nbelonging to the Government or municipality. \n \n(2) Such refusal shall be subject to the following conditions:- \n \n(a) if the property is acquired and no agreement is arrived at as regards \nthe amount of compensation payable to the person giving notice under \nsub-section (1) of section 155, the same shall be determin ed in \naccordance with the provisions of section 268, regard being had to the \nlikely benefit which would have accrued to such person if the permission \nhad not been refused; \n \n (b) if within a period of six months from the date of the resolution of the \nmunicipality proposing to acquire the land, the land is not acquired by \nthe municipality by agreement upon payment, if wit hin such period, an \napplication has not been made to the Collector for the institution of \nproceedings for compulsory acquisition under the provisions of the Land \nAcquisition Act, 1894, or if the municipality abandons the proposal to \nacquire the land, the n otice given under sub -section (1) of section 155 \nshall be deemed to have been revived with effect from the date on which \nthe said period of six months expires, or with effect from the date on \nwhich the decision of the municipality to abandon the proposal i s arrived \nPower of \nmunicipality to \nrefuse permission. \nI of 1894. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n95 of 158 \nat, as the case may be. Such decision shall be communicated to the \nperson giving notice within fifteen day s from the date of the decision; \nand the notice shall be dealt with as if the municipality had not passed a \nresolution to acquire the land. The municipality shall be liable to pay \ncompensation to the said person in respect of the loss which he may \nprove to have incurred by reason of the municipality's refusal to grant the \npermission: \n \nProvided that the municipality shall not be liable to pay \ncompensation if the notice under sub -section (1) of section 155 is given \nsubsequent to the passing of the resolution by the municipality to acquire \nthe land.",
"footnote": "",
"is_definition": false,
"sort_order": 491
},
{
"number": "157",
"title": "Section 157. (1) Every person erecting a building o r executing a work as described in sub -",
"chapter": null,
"content": "section ( 1) of section 155 shall, within one month after the completion of the \nerection of such building or the execution of such work, deliver or send or cause \nto be delivered or sent to the chief officer at his offi ce, notice in writing of such \ncompletion, and shall give to the chief officer all necessary facilities for the \ninspection of such building or of such work. \n \n(2) Where a building is to be erected or any work is to be executed in accordance \nwith a plan certi fied under sub -section (1) of section 155 a notice under sub -\nsection (1) shall be accompanied by a completion certificate signed by a \nqualified person recognised by the municipality for the purpose. \n \n(3) (a) An inspection referred to in sub -section (1) shall be commenced \nwithin seven days from the date of receipt of the notice of completion; \nand \n \n(b) the chief officer may, not later than one month from the date of \nreceipt of the notice of completion by written intimation addressed to the \nperson from whom th e notice of completion was received and delivered \nat his address as stated in such notice or in the absence of such address, \naffixed to a conspicuous part of the building to which such notice relates, \n \n(i) give permission for the occupation of such buildin g or for the \nuse of the building or part thereof affected by such work, or \n \n(ii) refuse such permission in case such building has been erected \nor such work executed so as to contravene any provision of this \nAct or of any bye-law made under this Act at the time in force or \nof any order passed under section 155 intimating to the person \nwho gave the notice under sub -section (1) of section 155 the \nreasons for such refusal and requiring such person, or, if the \nperson responsible for giving notice under sub -section (1) of \nsection 155 is not at the time of such notice the owner of such \nbuilding or work then such owner, to cause anything which is \ncontrary to any provision of this Act or of any by e-law made \nunder this Act at the time in force or of any order passed under \nsection 155 to be amended or to do anything which by any such \nprovision or bye-law or order he is required to do but which has \nbeen omitted. \n \n(4) No person shall occupy or permit to be occupied any such building, or use or \npermit to be used the building or part thereof affected by any such work, until- \n \n(a) the permission referred to in clause ( b) of sub -section (3) has been \nreceived, or \n \n(b) the chief officer has failed for one month after the receipt of the \nnotice of completion to intimate as afore said his refusal of the said \nCompletion \ncertificates : \npermission to \noccupy or use. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \npermission. \n \n(5) Whoever contravenes the provisions of this section or fails to comply with \nany order or requisition made thereunder shall be punished with fine which may \nextend to five hundred rupees, and in the case of a con tinuing contravention or \nnon-compliance with an additional fine which may extend to ten rupees for \neveryday during which such contravention or non-compliance continues after the \nconviction for the first such contravention or non-compliance.",
"footnote": "",
"is_definition": false,
"sort_order": 492
},
{
"number": "158",
"title": "Section 158. It shall not he lawful for any person to erect any hut or shed or range or block of",
"chapter": null,
"content": "huts or sheds or to add any hut or shed to any range or block of huts or sheds already \nexisting when this Act comes into operation, without giving previous notic e to the chief \nofficer; the chief officer may require such huts or sheds to be built so that they stand in \nregular lines, with a tree passage or way in front of and between every two lines of such \nwidth as the chief officer may think proper for ventilation and to facilitate scavenging, \nand at such a level as will admit of sufficient drainage; and may require such huts to be \nprovided with such number of privies and such means of drainage as he may deem \nnecessary. If any hut or shed or range or block be built without such notice being given \nto the chief officer or otherwise than as required by the chief officer, the chief officer \nmay give written notice to the owner or builder thereof, or to the owner or occupier of \nthe land on which the same is erected or is being erected, requiring him within such \nreasonable time as shall be specified in the notice to take down and remove the same, or \nto make such alterations therein or additions thereto as having regard to sanitary \nconsiderations the chief officer may think tit.",
"footnote": "",
"is_definition": false,
"sort_order": 493
},
{
"number": "159",
"title": "Section 159. (1) Where the executive committee is of opinion that any hut or shed whether",
"chapter": null,
"content": "used as a dwelling or as a stable or for any other purpose, and whether existing at \nthe time when this Act comes into operation or subsequently er ected, is by \nreason- \n \n(a) of insufficient ventilation or of the manner in which such hut or shed \nis crowded together with other huts or sheds, or \n \n(b) of the want of a plinth or of a sufficient plinth or of sufficient \ndrainage, or \n \n(c) of the impracticability of scavenging, \n \nattended with risk of disease to the inhabitants of the neighbourhood, it shall \ncause a notice to be affixed to some conspicuous part of such hut or shed, \nrequiring the owner or occupier thereof, within such reasonable time as may be \nfixed by the executive committee in this behalf, to take down and remove such \nhut or shed, or to ca rry out such alterations or works as the executive committee \nmay deem necessary for the avoidance of such risk. \n \n(2) Where any such owner or occupier refuses o r neglects to take down and \nremove such hut or shed or to carry out such alterations or works within the time \nappointed, the chief officer may cause such hut or shed to be taken down, or \nsuch alterations or works to be carried out. in accordance with the r equirements \nof the executive committee. \n \n(3) Where such hut or shed is taken down by the chief officer, the said officer \nshall cause the materials of the hut or shed to be sold, if such sale can be \neffected; and the proceeds, after deducting all expenses, shall be paid to the \nowner of the hut or shed, or if the owner is unknown or the title disputed, shall \nbe held in deposit by the municipality until the person interested therein shall \nobtain an order of a competent Court for the payment of the same : \n \nProvided always that where a hut or shed, existing at the time when the \nland on which iris situate first became part of a municipal borough, is taken \ndown and removed under this section, compensation shall further be paid to the \nRegulation of huts. \nImprovement of \nhuts. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n97 of 158 \nowner or owners thereof and the amount thereof, in case of dispute, shall be \nascertained and determined in the manner provided in section 268. \n \n(3) Powers connected with drainage, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 494
},
{
"number": "160",
"title": "Section 160. (1) All sewers, drains, privies, water-closets, house-gullies and cesspools within",
"chapter": null,
"content": "the municipal borough shall be under the survey and control of the municipality. \n \n(2) All covered sewers, drains and cesspools, whether public or private, shall be \nprovided by the municipality or other persons to whom they severally belong \nwith proper traps or other means of ventilation, and the chief officer may by \nwritten notice call upon the owner of any such covered sewers, drains or \ncesspools to make provision accordingly.",
"footnote": "",
"is_definition": false,
"sort_order": 495
},
{
"number": "161",
"title": "Section 161. (1) It shall be lawful for a municipality or any person a cting under its authority",
"chapter": null,
"content": "to carry for any drainage purposes any drain, sewer, conduit, tunnel, culvert. pipe \nor watercourse through, across or under any street or any place laid out as or \nintended for a street, or under any cellar or vaul t which may be under any street, \nand, into, through or under any land whatsoever within the municipal borough \nafter giving reasonable notice in writing to the owner or occupier of such land \nand after taking into consideration any objections made by the owner or occupier \nwithin the period specified in the notice. \n \n(2) A municipality, or any person acting under its authority, may construct a new \ndrain in the place of an existing drain in any land wherein any drain vested in the \nmunicipality has been already constructed, or repair or alter any drain vested in \nthe municipality or may discontinue, close up or destroy any such drain which in \nits or his opinion has become useless or unnecessary or prohibit the use of any \nsuch drain eit her entirely or for the purpose of foul water drainage or surface \ndrainage : \n \nProvided that if by reason of any such discontinuance, closing up, \ndestruction or prohibition any person is deprived of the lawful use of any drain, \nthe municipality shall, as soon as may be, provide for his use some other drain as \neffectual as the one which had been so discontinued, closed up, destroyed or the \nuse of which has been prohibited. \n \n(3) In the exercise of any power under this section no unnecessary damage shall \nbe don e, and compensation which shall in case of dispute be ascertained and \ndetermined in the manner provided in section 268 shall be paid by the \nmunicipality to any person who sustains damage by the exercise of such power.",
"footnote": "",
"is_definition": false,
"sort_order": 496
},
{
"number": "162",
"title": "Section 162. If any building or land be at any time undrained, or not drained to the satisfaction of",
"chapter": null,
"content": "the chief officer, the chief officer, subject to the control of the executive committee, may \nby written notice call upon the owner to construct or lay from such building or land a \ndrain or pipe of such size and materials, at such level, and with such fall as he may think \nnecessary for the drainage of such building or land into- \n \n(a) some drain or sewer, if there be a suitable drain or sewer within fiftee n \nmeters of any part of such building or land, or \n \n(b) a covered cesspool to be provided by such owner and approved by the chief \nofficer.",
"footnote": "",
"is_definition": false,
"sort_order": 497
},
{
"number": "163",
"title": "Section 163. (1) It shall not be lawful to construct or reconstruct any buildi ng, or to occupy or",
"chapter": null,
"content": "permit to be occupied any building newly constructed or reconstructed, unless \nand until- \n \n(a) a drain be constructed of such size, materials and description, at such \nlevel and with such fall, as shall appear to the chief officer to be \nMunicipal control \nover drains, etc. \nPowers for making \nand repairing \ndrains. \nPower to require \nsufficient drainage \nof houses. \nNew building not to \nbe erected without \ndrains. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nnecessary for the effectual drainage of such building; \n \n(b) there have been provided for and set up in such building and in the \nland appurtenant thereto, all such appliances and fittings as may appear \nto the chief officer to be necessary for the purposes of gathering and \nreceiving the drainage from, and conveying the same off, the said \nbuilding and the said land, and of effectually flushing the drain of the \nsaid building and every fixture connected therewith. \n \n(2) The drain to be constructed as aforesaid sha ll empty into a municipal drain, \nor into some place set apart by the municipality for the discharge of drainage, \nsituate at a distance not exceeding fif teen meters from such buildings ; but if \nthere is no such drain or place within that distance, then such drain shall empty \ninto a cesspool provided by the owner of such building and approved by the \nchief officer.",
"footnote": "",
"is_definition": false,
"sort_order": 498
},
{
"number": "164",
"title": "Section 164. (1) The owner or occupier of any building or land within the municipal borough",
"chapter": null,
"content": "shall be entitled to cause his drains to empty into a municipal drain : \n \nProvided that he first obtains the written permission of the chief officer, \nand that he complies with such conditions as the chief officer may by order in \nwriting prescribe as to the quantity and kind of matter to be so emptied and the \nmode in which and the superintendence under which the communications are to \nbe made between drains not vested in the municipality and drains which are so \nvested. \n \n(2) An appeal shall lie to the executive committee against any order of the chief \nofficer under sub -section (1) if the appeal is made within fifteen days of the \nreceipt of such order.",
"footnote": "",
"is_definition": false,
"sort_order": 499
},
{
"number": "165",
"title": "Section 165. (1) If the owner or occupier of any building or land desires to connect the same",
"chapter": null,
"content": "with any municipal drain, by means of a drain to be constructed through land or \nto be connected with a drain, belonging to or occupied by or in the use of some \nother person, he may ma ke a written application in that behalf to the chief \nofficer. \n \n(2) Subject to the control of the executive committee the chief officer there upon \nafter giving to such other person a reasonable opportunity of stating any \nobjection to such application, may, if no objection is raised or if any objection \nwhich is raised is in his opinion insufficient, by an order in writing, authorize the \napplicant to carry his drain into, through, or under the said land, or into the same \ndrain, as the case may be, in such mann er and on such conditions as to the \npayment of rent or compensation, and as to the respective responsibilities of the \nparties for maintaining, repairing, flushing, cleaning and emptying the said \ndrains as may appear to him to be adequate and equitable. \n \n(3) Every such order shall be a competent authority to the person in whose \nfavour it is made, or to any agent or other person employed by him for this \npurposes, after giving or tendering to the owner, occupier or user of the said land \nor drain the compensati on or rent, if any, specified in the said order, and \notherwise fulfilling as far as possible the conditions of the said order, and after \ngiving to the said owner, occupier, or user reasonable notice in writing, to enter \nupon the land specified in the said order with assistants and workmen at any time \nbetween sunrise and sunset and, subject to all provisions of this Act, to do all \nsuch work as may be necessary- \n \n(a) for the construction or connection of the drain, as may be authorised \nby the said order ; \n \n(b) for renewing, repairing or altering the same as may be necessary from \ntime to time ; or \nPower of owners \nand occupiers of \nbuildings or lands \nto drain into \nmunicipal drains. \nRight to carry drain \nthrough land or into \ndrain belonging to \nother person. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n99 of 158 \n \n(c) for discharging any responsibility attaching to him under the terms of \nthe order as to maintaining, repairing, flushing, cleaning or emptying the \nsaid drain or any part thereof. \n \n(4) In executing any work under this section as little damage as possible shall be \ndone, and the owner or occupier of the buildings or lands for the benefit of which \nthe work is done, shall- \n \n(a) cause the work to be executed with the least practicable delay ; \n \n(b) fill in, reinstate and make good at his own cost and with the least \npracticable delay the ground or any portion of any building or other \nconstruction opened, broken up or removed for the purpose of executing \nthe said work; and \n \n(c) pay compensation to any person who sustains damage by the \nexecution of the said work.",
"footnote": "",
"is_definition": false,
"sort_order": 500
},
{
"number": "166",
"title": "Section 166. If the owner of any land into, through or under which a drain has been carried under",
"chapter": null,
"content": "section 165 whilst such land was unbuilt upon, shall at any subsequent time desire to \nconstruct a building thereon, the chief officer subject to the control of the executive \ncommittee shall, if he sanctions the construction of such bui lding, by written notice \nrequire the owner or occupier of the building or land, for the benefit of which such drain \nwas constructed to close, remove or divert the same, and to fill in, reinstate and make \ngood the land in such manner as he may deem to be ne cessary, in order to admit of the \nconstruction or safe enjoyment of the proposed building.",
"footnote": "",
"is_definition": false,
"sort_order": 501
},
{
"number": "167",
"title": "Section 167. (1) Where the chief officer is of opinion that any privy ox cesspool or additional",
"chapter": null,
"content": "privies or cesspools, should be provided in or o n any building or land, or in \nmunicipal borough in which a water -closet system has been introduced, that \nwater-closets or additional water -closets should be provided in or on any \nbuilding or land, that water -closets should be substituted for the existing p rivies \nin such number as may be considered necessary by him. the chief officer, subject \nto the control of the executive committee, may by written notice call upon the \nowner of such building, or land to provide such privies, cesspools or water -\nclosets or to substitute water-closets for the existing privies at such sites as he \nmay deem proper. \n \n(2) The chief officer subject to the control of the executive committee may by \nwritten notice require any person or persons employing workmen or labourers \nexceeding tw enty in number, or owning or managing any market, school or \ntheatre or other place of public resort, to provide such latrines and urinals at such \nsites as he may direct, and to cause the same to be kept in proper order, and to be \ndaily cleaned. \n \n(3) The ch ief officer subject to the control of the executive committee may by \nwritten notice require the owner or occupier of any land upon which there is a \nprivy or urinal, to have such privy or urinal shut out, by a sufficient roof and a \nwall or fence, from the v iew of persons passing by or resident in the \nneighbourhood, or to alter as he may direct any privy door or trap door which \nopens on to any street, and which he deems to be a nuisance. \n \n68[167A. (1) Where any premises are, in the opinion of the Chief Officer, without \nadequate and suitable water -closet or privy accommodation in accordance with \nthe bye-laws made by the municipality in that behalf, the Chief Officer, may, b y \nwritten notice, require the owner of such premises to provide such water -closet \nor privy accommodation in accordance with the bye -laws made by the \nmunicipality in that behalf, within such time as may be specified in such notice \nand if the owner fails to comply with such requirement, within the time so \nspecified or within such time as may, on the application of the owner, be \nRight of owner of \nland through which \ndrain is carried in \nregard to \nsubsequent building \nthereon. \nProvisions of \nprivies, etc. \nPower of Chief \nOfficer to require \nowner to provide \nwater closet or \nprivy accommo-\ndation. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nextended by the Chief Officer for any reasonable cause it shall be lawful for the \nChief Officer to make such provision from the munic ipal fund. The expenses \nincurred by the Chief Officer in making such provision shall, on demand by the \nChief Officer, be payable by the owner and if not paid by him on demand, such \nexpenses shall be recoverable by the Chief Officer in the manner provided b y \nChapter IX of this Act. \n \n(2) Notwithstanding anything contained in sub -section (1), where the owner of \nany premises fails to comply with such requirement within the period specified \nunder sub-section (1), the Chief Officer may, in a case where the owner is not \nhimself the occupier of such premises, permit the occupier of such premises to \nmake provision for such water -closet or privy accommodation at the cost of the \nowner, if the occupier is willing to do so, instead of the Chief Officer him self \nmaking such provision. Any such occupier who makes such provision shall after \nobtaining the necessary certificate from the Chief Officer about such provision \nhaving been made by him the amount of expenses incurred by him in making \nsuch provision and the reasonablen ess of such expenses, be entitled to deduct, \nsuch amount of expenses as is certified by the Chief Officer to be reasonable, \nfrom the rent or any other sum payable by him to the owner or to recover such \namount from the owner in any other lawful manner. \n \n(3) For the purpose of making the provision specified in sub -section (1), the \nChief Officer shall have power to do all acts necessary for the purpose and the \nmunicipality shall not be liable to pay any compensation to the owner of the \npremises for any reasona ble damage done to the premises in making such \nprovision. \n \n(4) Where any water-closet or privy accommodation is provided or set up by the \nChief Officer under sub -section (1) and the expenses incurred by the Chief \nOfficer in doing so are paid, or recovered from, the owner in full, such water - \ncloset or privy accommodation shall belong to the owner of the premises and the \nowner shall be responsible for the expenses of maintaining it in good repairs and \nefficient condition. \n \n(5) The provisio n as aforesaid made under sub -section (1) or sub -section (2) \nshall not be deemed to be a permanent structure for the purpose of clause (b) of \nsub-section (1) of section 13 of the Bombay Rents, Hotel and Lodging House \nRates Control Act, 1947. \n \nExplanation. — For the purpose of this section \"water closet\" means a \ncloset used as a privy in which discharges are pushed in or carried off by water, \nand includes an acqua privy, gas plant, latrine attached with gas plant, a closet of \ntype known as P.R. A.I. (Planning Research Action Institute) type, septic tank \ntype, hand flush type, bore hole type, clap trap type or any other type which the \nState Government may, by notification in the Official Gazette, specify.]",
"footnote": "",
"is_definition": false,
"sort_order": 502
},
{
"number": "168",
"title": "Section 168. (1) All sewers, drains, privies, water-closets, urinals, house-gullies and cesspools",
"chapter": null,
"content": "within a municipal borough shall, unless, constructed, at the cost of the \nmunicipality, be altered, repaired, clean ed and kept in proper order at the costs \nand charge of the owners of the lands or buildings to which they belong, or for \nthe use of which they have been constructed or continued; and the chief officer \nsubject to the control of the executive committee may b y written notice require \nany such owner to alter, repair, and put the same in good order in such manner as \nhe may think fit. \n \n(2) Subject to the control of the executive committee the chief officer may by \nwritten notice require the owner to demolish or clos e any privy or cesspool, \nwhether constructed before or after the coming into operation of this Act, which \nin the opinion of the chief officer is a nuisance, or is so constructed as to be \ninaccessible for the purpose of scavenging or incapable of being prop erly \ncleaned or kept in good order. \nBom. LVII of 1947. \nPower to require \nowners to keep \ndrains, etc. in \nproper order or to \ndemolish or close \nprivy or cesspool. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n101 of 158",
"footnote": "",
"is_definition": false,
"sort_order": 503
},
{
"number": "169",
"title": "Section 169. When any building or land within municipal borough has a drain communicating",
"chapter": null,
"content": "with any cesspool or sewers, the chief officer, if he considers that such drain, though it \nmay be sufficient for the drainage of such building or land and though it may be \notherwise unobjectionable, is not adapted to the general sewerage of the locality, may, \nsubject to the control of the executive committee, close such drain and such cesspool or \nsewer, whether they are or are not on land vested in the municipality, on providing a \ndrain or drains equally effectual for the drainage of such building or land, and the chief \nofficer may, subject as aforesaid, do any work necessary for the purpose.",
"footnote": "",
"is_definition": false,
"sort_order": 504
},
{
"number": "170",
"title": "Section 170. The executive committee may by written notice require that any sewer, drain, privy,",
"chapter": null,
"content": "water-closet, urinal, house -gully or cesspool on any land within a municipal borough, \nconstructed, rebuilt or unstopped- \n \n(a) after such land became part of a municipal borough, and \n \n(b) either without the consent or contrary to the orders, directions or general \nregulations or bye-laws, of the municipality, or contrary to the provisions of any \nenactment in force at the time when it was so constructed, rebuilt or unstopped- \n \nshall be demolished, amended or altered, as it may deem fit, by the person by \nwhom it was so constructed, rebuilt or unstopped; and every person so constructing, \nrebuilding or unstopping any such sewer, drain, privy, water -closet, urinal, house -gully \nor cesspool, whether he does or does not receive such notice or does not comply \ntherewith, shall, in addition to any penalty to which he may be liable on account of such \nnon-compliance, be punished with fine which, may extend to one hundred rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 505
},
{
"number": "171",
"title": "Section 171. (1) If any person, without the written consent or permission of the chief officer",
"chapter": null,
"content": "first obtained or in contravention of any conditions imposed or p rescribed under \nthis Act, makes or empties or causes to be made or to empty any drain into or out \nfrom any of the sewer or drains vested in a municipality, he shall on conviction \nbe punished with fine which may extend to one hundred rupees, and the chief \nofficer may by written notice require such person to demolish , alter, remake, or \notherwise deal with such drain as he may think fit. \n \n(2) (a) No building shall be newly constructed or reconstructed over any \nsewer, drain, culvert or gutter vested in a munic ipality, without the \nwritten consent of the chief officer, and the chief officer may by, written \nnotice require any person who has so constructed or reconstructed any \nbuilding without such written consent, to pull down or otherwise deal \nwith the same as he may think fit. \n \n(b) Any person who constructs or reconstructs any building in \ncontravention of clause (a) shall, on conviction, be punished with fine \nwhich may extend to one hundred rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 506
},
{
"number": "172",
"title": "Section 172. (1) A chief officer after due not ice to the occupier may inspect any",
"chapter": null,
"content": "sewer, drain, privy, water -closet, urinal, house -gully or cesspool; and for that \npurpose, at any time between sunrise and sunset may enter upon any lands or \nbuildings with assistants and workmen, and cause the ground to be opened where \nhe or they may think fit, doing as little damage as may be. \n \n(2) The expense of such inspection and of causing the ground to be closed and \nmade good as before shall be borne by the municipality, unless the sewer, drain, \nprivy, water-closet, urinal, house-gully or cesspool is found to be in bad order or \nconditions or was constructed in contravention of the provisions of any \nenactment or of any by e-laws or orders thereunder in force a t the time or issued \nin respect of such construction; in which case such expense shall be paid by the \nowner of such sewer, drain, privy, water -closet, house gully or cesspool, and \nshall be recoverable in the same manner as an amount claimed on account of a n \ntax recoverable under chapter IX. \nPower to close \nexisting private \ndrains. \nPower in respect of \nsewer etc., \nunauthorizedly, \nconstructed, rebuilt, \nor unstopped. \nEncroachments on \nmunicipal drains. \nInspection of drains \netc. \nExpense of \ninspection when to \nbe borne by the \nmunicipality. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963",
"footnote": "",
"is_definition": false,
"sort_order": 507
},
{
"number": "173",
"title": "Section 173. (1) The executive committee may, if it thinks fit, cause any work, the",
"chapter": null,
"content": "execution of which may be ordered by or on behalf of the municipality under any \nof the provisions of this sub -chapter, to be executed by municipal or other \nagency under its own orders, without first of all giving the person by whom the \nsame would otherwise have to be executed the option of doing the same. \n \n (2) The expenses of any work so done shall be paid by the person aforesaid, \nunless the municipality shall, by a general or special order or resolution, sanction \nas it is hereby empowered to sanction, the execution of such work at the charge \nof the municipal fund.",
"footnote": "",
"is_definition": false,
"sort_order": 508
},
{
"number": "174",
"title": "Section 174. Any pipes, fittings, receptacles, or other appliances for or connected with the",
"chapter": null,
"content": "drainage of any private building or land, shall, if supplied, constructed or erected at the \nexpense of the municipality, be deemed to be municipal property, unless the \nmunicipality shall have transferred its interest therein to the owner of such building or \nland. \n \n(4) Powers in respect of water-supply.",
"footnote": "",
"is_definition": false,
"sort_order": 509
},
{
"number": "175",
"title": "Section 175. For the purpose of obtaining a supply or an additional supply of water or of",
"chapter": null,
"content": "distributing the same the municipality shall have the same powers and be subject to the \nsame restrictions for carrying, renewing, repairing and altering water mains, pipes and \nducts within or without the municipal borough as it has and subject to under the \nprovisions hereinbefore contained for carrying, renewing and repairing drain within the \nmunicipal borough. \n \n(5) Powers regarding external structures, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 510
},
{
"number": "176",
"title": "Section 176. (1) The chief officer, subject to any by e-laws made under the provisions of this",
"chapter": null,
"content": "Act, and on payment of such fees as may be specified in such bye -laws, may \ngive written permission to the owners or occupiers of buildings in public streets \nto put up open verandahs, balconies or rooms to project from any upper storey of \nsuch buildings, to an extent not exceeding 1.24 metres beyond the line of the \nplinth or basement wall of the building; and may prescribe the conditions subject \nto which permission may be given for the projection over such streets of roofs, \neaves, weather-boards, shop-boards and the like. \n \n(2) Permission granted under sub -section (1) may be permanent or for such \nperiod at a time as may be specified in writing when such permission is granted. \n \n(3) (a) Notwithstanding any proceedings which may be taken under clause \n(b) of this sub -section, the chief officer may, by written notice, require \nthe owner or occupier of any such building to remove or alter any such \nprojection which has been constructed either without, or contrary in any \nmanner to, the permission or orders given or issued by or on behalf of the \nmunicipality. \n \n(b) Any such owner or occu pier putting up any projection as aforesaid \nwithout such permission or in contravention of such permission or \norders, shall be punished with fine which may extend to one hundred \nrupees: and if any such owner or occupier fails to remove any projection \nin respect of which he has been convicted under this section, he shall be \npunished with further fine which may extend to ten rupees for each day \non which such failure or neglect continues. \n \n (4) The chief officer may, by written notice, r equire the owner or occupier of \nany building to remove or alter any projection, encroachment or obstruction \nwhich, whether made before or after the site of such building became part of a \nmunicipal borough, shall have been made against or in front of such b uilding, \nand which- \nExecutive \ncommittee may \nexcecute certain \nworks under this \nsub-chapter without \nallowing option to \nperson concerned of \nexecuting the same. \nExpenses in such \ncases by whom to \nbe paid. \nPipes etc., \nconstructed by \nmunicipality to be \nmunicipal property. \nPower of carrying \nwater mains. \nPermission \nnecessary for \ncertain projections. \nRemoval of \nprojection. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n103 of 158 \n \n(a) overhangs just into, or in any way projects, or encroaches upon, any \npublic street, so as to be an obstruction to safe and convenient passage \nalong such street, or \n \n(b) projects and encroaches into, upon or over any uncovered aqued uct, \ndrain or sewer in any such street, so as to obstruct or interfere with such \naqueduct, drain or sewer or the proper working thereof: \n \nProvided always that the chief officer shall, if such projection, \nencroachment or obstruction shall have been made in any place before \nthe date on which such place became part of a municipal borough or after \nsuch date with the written permission of the municipality, pay reasonable \ncompensation to every person who suffers damage by such removal or \nalteration; and if any di spute shall arise touching the amount of such \ncompensation, the same shall be ascertained and determined in the \nmanner provided in section 268.",
"footnote": "",
"is_definition": false,
"sort_order": 511
},
{
"number": "177",
"title": "Section 177. The chief officer may by written notice require the owner of a building in any street",
"chapter": null,
"content": "to put up and keep in good condition proper troughs and pipes for catching and carrying \nthe water from the roof and other parts of such building, and for discharging the same, in \nsuch manner as he may think fit, so that it shall not fall upon the persons passing along \nthe street.",
"footnote": "",
"is_definition": false,
"sort_order": 512
},
{
"number": "178",
"title": "Section 178. The chief officer may erect or fix to the outside of any building brackets for lamps",
"chapter": null,
"content": "to be lighted with oil or gas; or subject to the provis ions of the Indian Electricity Act, \n1910, for lamps to be lighted with electricity or otherwise or subject to the provisions of \nthe Indian Telegraph Act, 1885, for telegraph wires or telephone wires, or wires for the \nconduct of electricity or locomotive pu rposes; or such pipes as he may deem necessary \nfor the proper ventilation of sewers and water -works; such brackets and pipes shall be \nerected so as not to occasion any inconvenience or nuisance to the occupants of the said \nbuilding or of any others in the neighbourhood, or to the public.",
"footnote": "",
"is_definition": false,
"sort_order": 513
},
{
"number": "179",
"title": "Section 179. (1) The municipality may from time to time cause to be put up or painted on a",
"chapter": null,
"content": "conspicuous part of any building at or near each end or corner of or e ntrance to a \nstreet, the name by which such street is to be known, and may from time to time \nby written notice require the owner of any premises or part thereof either to put \nup by means of a metal plate a number or sub -number on such premises or part \nthereof in such position and manner as may be specified in such notice or to \nsignify in writing his desire that such work shall be executed under the orders of \nthe municipality. \n \n(2) Any person, who destroys, pulls down or defaces any such name, number, or sub -\nnumber or puts up any name, number or sub -number different from that put up \nby the municipality and any owner of any premises or part thereof who does not \nat his own expense keep such number or sub -number in good order after it has \nbeen put up thereon, sh all, on conviction, be punished with fine which may \nextend to fifty-rupees. \n \n(3) Where a number or sub -number is put up on any premises or part thereof \nunder the orders of the municipality in accordance with sub -section (1), the \nexpenses of such work shall be payable by the owner of such premises or part \nthereof, as the case may be. \n \nExplanation.-In this section \"premises\" means any building but does not \ninclude only walls, compound walls, fencing, verandahs, fixed platforms, \nplinths, door-steps or the like.",
"footnote": "",
"is_definition": false,
"sort_order": 514
},
{
"number": "180",
"title": "Section 180. Any person-",
"chapter": null,
"content": "(a) who, without the consent of the owner or occupier, and in the case of \nTroughs and pipes \nfor rain water. \nFixing of lampas, \nbrackets, etc., to \nhouses. \nIX of 1910. XIII of",
"footnote": "",
"is_definition": false,
"sort_order": 515
},
{
"number": "1885",
"title": "Section 1885. Naming streets and",
"chapter": null,
"content": "numbering of \npremises; penalty \nfor defacing, etc. \nPenalty for defacing \nbuilding etc. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nmunicipal property without the permission in writing of the chief officer, affixes \nany posting bill; placard or other paper or means of advertisement against or \nupon any building wall, board, fence pole, post, lamp-post or the like, or \n \n(b) who, without such consent as aforesaid, writes upon, soils, defaces or marks \nany such building, wall, board, fence, pol , post, lamp-post or the like, with chalk \nor paint or in any other way whatsoever, \n \nshall on conviction be punished with fine which may extend to one \nhundred: rupees and in addition shall be liable to pay to the owner or occupier, \nor, as the case may be, the municipality, such sum by way of cost of the removal \nof the bill, placard, paper or advertisement so posted or of the removal of the \nwriting, soiling, defacing or marking referred to in clause (b) as may be \ndetermined by the Court. Any sum so determined, if not p aid, shall be recovered \nas if it were fine recoverable under the Code of Criminal Procedure, 1973.",
"footnote": "",
"is_definition": false,
"sort_order": 516
},
{
"number": "181",
"title": "Section 181. The chief officer may by written notice require the owner or occupier of any land so",
"chapter": null,
"content": "to trim or prune the h edges thereof bordering any public street that the said hedges may \nnot exceed the height of four feet from the level of the street, and width of four feet; and \nto cut down, lop, or trim all trees or shrubs which in any way overhang, endanger or \nobstruct, o r which such officer deems, likely to overhang, endanger or obstruct any \npublic street or to cause damage thereto, or which so overhang any public tank, well or \nother provision for water-supply as to pollute, or be likely to pollute, the water thereof. \n \n(6) Power for promotion of public health, safety and convenience.",
"footnote": "",
"is_definition": false,
"sort_order": 517
},
{
"number": "182",
"title": "Section 182. (1) Where any building or anything affixed thereon is deemed by the",
"chapter": null,
"content": "chief officer to be in a ruinous state or likely to fall or in any other way danger -\nous to any inhabitant of such building or of any neighbouring building or to any \noccupier thereof or to passengers, the chief officer shall immediately, if it \nappears to him to be necessary, cause a proper hoard or fence to be put up for the \nprotection of passengers : \n \nProvided that if the danger be not of hourly imminence, the chief officer \nmay, instead of causing a hoard or fence to be put up, issue in the first instance \nnotice in writing to the owner or occupier to put up a proper hoard or fence, and \nin the event of the owner or occupier failing to put up within two days from the \nservice of such notice a hoard or fence which the chief officer considers \nsufficient in the circumstances of the case, the chief officer, shall at once cau se \nsuch hoard or fence to be put up. \n \n(2) The chief officer shall also cause notice in writing to be given to the owner or \noccupier, requiring such owner or occupier forthwith to take down, secure, or \nrepair such building, or thing affixed thereon, as the case shall require; and if \nsuch owner or occupier does not begin to repair, take down, or secure such \nbuilding or thing within three days after the service of such notice, and complete \nsuch work with the due diligence, the chief officer shall cause all or so much of \nsuch building or things as he shall think necessary to be taken down, repaired or \nsecured. \n \n(3) All expenses incurred by the chief officer under this section shall be paid by \nthe owner or occupier of such building and shall be recoverable in the same \nmanner as an amount claimed on account of any tax recoverable under Chapter \nIX.",
"footnote": "",
"is_definition": false,
"sort_order": 518
},
{
"number": "183",
"title": "Section 183. (1) The chief officer may at any time by written notice require that the owner of",
"chapter": null,
"content": "or any person who has control over any well, stream, channel, tank or other \nsource of water supply, shall, whether such source is private property or not, \nwithin a reasonable time to be specified in the notice, or in any case falling under \nclause (d) within twenty-four hours of such notice- \n \n2 of 1974. \nRemoval and \ntrimming of hedges, \ntrees, etc. \nRuinous or \ndangerous \nbuildings; \nprecautionary \nmeasures. \nRepairs to be made \nby owner or \noccupier; default by \nsuch. \nPowers and duties \nwith regard to \ndangerous, stagnant \nor insanitary \nsources of water \nsupply. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n105 of 158 \n(a) keep and maintain any such source of water -supply, other than a \nstream in good repair, or \n \n(b) cleanse any such source of water -supply from silt, r efuse and \ndecaying vegetation, or \n \n(c) in such manner as the chief officer may prescribe, protect any such \nsource of water-supply from pollution by surface drainage, or \n \n(d) repair, protect or enclose in such manner as the chief officer \napproves, any such source of water -supply other than a stream in its \nnatural flow, if for want of sufficient repair, protection or enclosure, such \nsource of water-supply is in the opinion of the chief officer dangerous to \nthe health or safety of the public or of any person h aving occasion to use \nor to pass or approach the same, or \n \n(e) desist from using and from permitting others to use for drinking \npurposes any such source of water -supply, other than a stream in its \nnatural flow, which is proved to the satisfaction of the ch ief officer to be \nunfit for drinking, or \n \n(f) if notwithstanding any such notice under clause (e) such use continues \nand cannot in the opinion of the chief officer be otherwise prevented, \nclose either temporarily or permanently or fill up or enclose or fen ce in \nsuch manner as the chief officer considers sufficient to prevent such use, \nsuch source of water supply as aforesaid , or \n \n(g) drain off or otherwise remove from any source of water -supply or \nfrom any land or premises or receptacle or reservoir attach ed or adjacent \nthereto, any stagnant water which the chief officer considers injurious to \nhealth or offensive to the neighbourhood. \n \n(2) If the owner or person having control as aforesaid, fails or neglects to comply \nwith any such requisition within the time specified by or under the provision of \nsub-section (1), the chief officer may, and if in his opinion immediate action is \nnecessary to protect the health or safety of any person, shall at once proceed to \nexecute the work required by such notice; and all the expenses incurred therein \nby the chief officer shall be paid by the owner of, or person having control over, \nsuch water-supply, and shall be recoverable in the same manner as an amount \nclaimed on account of any tax recoverable under Chapter IX: \n \nProvided that in the case of any well or private stream or of any private \nchannel, tank or other source of water -supply, the water of which is used by the \npublic or by any section of the public as of right, the ex penses incurred by the \nchief officer or necessarily incurred by such owner or person having such \ncontrol, may, if the executive committee so direct, be paid from the municipal \nfund.",
"footnote": "",
"is_definition": false,
"sort_order": 519
},
{
"number": "184",
"title": "Section 184. (1) Whoever displaces, takes up, or makes any alteration in the pavement, gutter,",
"chapter": null,
"content": "flags or other materials of any public street, or the fences, walls, or posts thereof, \nor any municipal lamp, lamp -post, bracket, water -post, hydrant, or other such \nmunicipal property therein, without the written con sent of the chief officer or \nother lawful authority, shall be punished with fine which may extend to two \nhundred rupees. \n \n(2) Any person who has displaced, taken up or made alteration in, any such \npavement, gutter, flags or other materials, or in such fenc es, walls, posts, \nmunicipal lamps, lamp-posts, brackets, water-posts, hydrants or other municipal \nproperty, whether with or without the consent required under sub -section (1) \nshall be liable to pay the expense which the municipality may incur in replacing \nor restoring the same. Such expense shall be recoverable in the same manner as \nRemedy on non-\ncompliance with \ndirections issued. \nDisplacing \npavement, etc. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nan amount claimed on account of any tax recoverable under Chapter IX.",
"footnote": "",
"is_definition": false,
"sort_order": 520
},
{
"number": "185",
"title": "Section 185. (1) Whoever in any area after it has become a municipal borough,",
"chapter": null,
"content": "(a) shall, have built or set up, or shall build or set up, any wall, or any \nfence, rail, post, stall, verandah, platform, plinth, step or any projecting \nstructure or thing or other encroachment or obstruction, or \n \n(b) shall deposit or cause to be placed or deposited any box, bale, \npackage or merchandise, or any other thing, \n \nIn any public place or street or in or over or upon any open drain, \ngutter, sewer or aqueduct in such place or street shall be punished with \nfine which may extend to fifty rupees and with further fine which may \nextend to ten rupees for every day on which, such projection, \nencroachment, obstruction or deposit continues after the date of first \nconviction for such offence. \n \n(2) The chief officer shall have power to remove any such obstruction or \nencroachment, and shall have the like power to remove any unauthorised \nobstruction or encroachment of the like nature in any open space not being \nprivate property, whether such space is vested in the municipalit y or not; \nprovided that if the space be vested in Government the permission of the \nCollector shall have first been obtained; the expense of such removal shall be \npaid by the person who has caused the said obstruction or encroachment, and \nshall be recoverable in the same manner as an amount claimed on account of any \ntax recoverable under Chapter IX. \n \n(3) Whoever, not being duly authorised in that behalf, removes earth, sand or \nother material from, or makes any encroachment in or upon any open space \nwhich is not private property, shall be punished with fine which may extend to \ntwo hundred rupees, and, in the case of encroachment, with further fine which \nmay extend to twenty rupees for every day on which the encroachment continues \nafter the date of first conviction for such offence. \n \n(4) Nothing contained in this section shall prevent the chief officer from \nallowing any temporary occupation of or erections in any public street on \noccasions of festivals and ceremonies, or the piling of fuel in by -streets and \nspaces for not more than ten days and in such manner as not to inconvenience \nthe public or any individual from allowing the occupation of, or temporary \nerection of structures on, any such streets or spaces for any other purposes in \naccordance with bye-laws made under the Act. \n \n(5) Nothing contained in this section shall apply to any projection duly \nauthorized under sub-section (1) of section 176.",
"footnote": "",
"is_definition": false,
"sort_order": 521
},
{
"number": "186",
"title": "Section 186. (1) A person intending to construct or take down any building or to a lter or",
"chapter": null,
"content": "repair any building externally shall, if the position or circumstances of the work \nis or are likely to cause or may cause obstruction, danger or inconvenience in \nany street, before beginning such work— \n \n(a) first obtain a licence in writing from the chief officer so to do, and \n \n(b) cause sufficient hoards or fences to be put up in order to separate the \narea where the work is to be carried on from the street, and shall \nmaintain such hoard or fence standing and in good condition to the \nsatisfaction of the chief officer during such time as the chief officer \nconsiders necessary for the public safety or convenience, and shall cause \nthe same to be sufficiently lighted during the night, and shall remove the \nsame when directed by the chief officer. \n \nObstructions and \nencroachments \nupon public streets \nand, any open \nspaces. \nHoards to be set up \nduring repairs, etc. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n107 of 158 \n(2) Whoever contravenes any of the provisions of this section shall be punished \nwith fine which may extend to one hundred rupees, and with further fine which \nmay extend to twenty rupees for every day, or night, as the case may be, on \nwhich, such contravention con tinues, after the date of first conviction for such \noffence.",
"footnote": "",
"is_definition": false,
"sort_order": 522
},
{
"number": "187",
"title": "Section 187. (1) The chief officer shall, during the construction or repair of any of the streets ,",
"chapter": null,
"content": "sewers, drains or other premises vested in the municipality, take proper \nprecaution for guarding against accident, by shoring up and protecting the \nadjoining buildings, and shall cause such bars, chains or posts as he shall think \nfit, to be fixed across or in any street to prevent the passage of carriages, carts or \nother vehicles, or of cattle, while such construction or repair is being carried on \nand shall cause any such construction or repair work in a street to be sufficiently \nlighted and guarded during the night. \n \n(2) Whoever takes down, alters or removes any of the said bars, chains, or posts \nor removes or extinguishes any such light without the authority or consent of the \nchief officer, shall be punished with fine which may extend to one hundred \nrupees.",
"footnote": "",
"is_definition": false,
"sort_order": 523
},
{
"number": "188",
"title": "Section 188. (1) No person shall, without the written permission of the chief officer and",
"chapter": null,
"content": "except in accordance with the conditions of such permission and on payment of \nsuch fees as may be specified by the bye-laws of the municipality, make a hole \nin an y street or deposit on any street any timber, stone, brick, earth or other \nmaterial that has been or is intended to be used for building; such permission \nshall be terminable at the discretion of the chief officer; and when such -\npermission is granted to any person, he shall; at his own expense, cause such \nmaterials or such hole to be sufficiently fenced and enclosed to the satisfaction \nof the chief officer until the materials are removed, or the hole is filled up or \notherwise made secure and shall cause such materials or hole to be sufficiently \nlighted during the night. \n \n(2) Whoever contravenes any of the provisions of sub -section (1) shall be \npunished with fine which may extend to one hundred rupees, and with further \nfine which may extend to twenty rupees fo r every day or night, as the case may \nbe, on which such contravention continues, after the date of the first conviction \nfor such offence.",
"footnote": "",
"is_definition": false,
"sort_order": 524
},
{
"number": "189",
"title": "Section 189. (1) If in the opinion of the chief officer the working of any quarry or the removal",
"chapter": null,
"content": "of ston e, earth or other material from the soil in any place, is dangerous to \npersons residing in or having a right of access to the neighbourhood thereof, or \ncreates or is likely to create a nuisance, the chief officer may, by written notice, \nrequire the owner o f the said quarry or place or the person responsible for such \nworking or removal not to continue or permit the working of such quarry or the \nremoving of such material or to take such order with such quarry or place as the \nchief officer shall direct for the purpose of preventing the danger or of abating \nthe nuisance arising or likely to arise therefrom: \n \nProvided that if such quarry or place is vested in Government or if such \nworking thereof or removal therefrom as aforesaid is being carried on by or on \nbehalf of the Government or any person acting with the permission or under the \nauthority of the Government or of any Government officer acting as such, the \nchief Officer shall not take such action, unless and until the Collector has \nconsented to his so doing : \n \nProvided further that the chief officer shall immediately cause a proper \nhoard or fence to be put up for the protection of passengers near such quarry or \nplace, if it appears to him to be necessary in order to prevent imminent danger. \n \n(2) Any expense in curred by the chief officer in taking action under this section \nFencing and \nlighting during \nrepairs, etc. \nTimber not to be \ndeposited or hole \nmade in street \nwithout permission. \nDangerous \nquarrying. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nshall be paid by such owner or the person responsible for such working or \nremoval, and shall be recoverable in the same manner as an amount claimed on \naccount of any tax recoverable under Chapter IX.",
"footnote": "",
"is_definition": false,
"sort_order": 525
},
{
"number": "190",
"title": "Section 190. (1) The chief officer may by public notice require that every dog while in the",
"chapter": null,
"content": "streets and not being led by some person shall be muzzled in such a way as to \nallow the dog freely to breathe and to drink, while effectually preventing it from \nbiting. \n \n(2) Subject to the provisions of sub -section (3) the chief officer may take \npossession of any dog found wandering unmuzzled in any public place and may \neither detain such dog until its owner has claimed it, has provided a prope r \nmuzzle for it, and has paid all the expenses of its detention or cause it to be \ndestroyed. \n \n(3) When a dog which has been detained under sub -section (2) is wearing a \ncollar with the owner's name and address thereon, such dog shall not be \ndestroyed until a letter stating the fact that it has been so detained has been sent \nto the said address, and the dog has remained unclaimed for three clear days: \nprovided that any dog which is found to be rebid may be destroyed at any time. \n \n(4) Any unclaimed dog and any dog, the owner of which refuses to pay all the \nexpenses of its detention may be sold or destroyed, after having been detained \nfor the said period of three clear days. \n \n(5) All expenses incurred by the chief officer under this section may be \nrecovered from the owner of any dog which has been taken possession of or \ndetained in the manner provided by Chapter IX.",
"footnote": "",
"is_definition": false,
"sort_order": 526
},
{
"number": "191",
"title": "Section 191. (1) If it shall appear to the chief officer at any time that nuisance or annoyance is",
"chapter": null,
"content": "caused to the public by the keeping of pigs within the limits of the municipal \nborough, the chief officer may direct by public notice that no person shall, \nwithout the written permission of the chief officer, or otherwise than in \nconformity with the terms of such permission keep any pigs in any part of the \nborough. \n \n(2) Whoever shall after such direction keep any pigs in any place within the \nmunicipal borough without the permission required as aforesaid, or otherwise \nthan in accordance with the terms thereof, shall be punished with fine which may \nextend to one hundred rupees. \n \n(3) Any pigs found straying may be forthwith destroyed and the carcass thereof \ndisposed of as the chief officer shall direct. No claim shall lie for compensation \nfor any pigs so destroyed. \n \n(7) Powers for the prevention of nuisances.",
"footnote": "",
"is_definition": false,
"sort_order": 527
},
{
"number": "192",
"title": "Section 192. (1) Whoever deposits or causes or suffers any member of his family or",
"chapter": null,
"content": "household to deposit any dust, dirt, dung, ashes, refuse, or filth of any kind or \nany animal matter or any bro ken glass or earthenware or other rubbish or any \nother thing that is or may be a nuisance, in any street or in any arch under a street \nor in any drain beside a street or on any open space or on any quay, jetty or \nlanding place or on any part of the seashor e on the bank of a tidal river, whether \nabove or below high -water mark, or on the bank of any river, water -course or \nnullah, except at such places, in such manner and at such hours as shall be fixed \nby the chief officer, and whoever commits or suffers any member of his family \nor household to commit nuisance in any such place as aforesaid, shall be \npunished with fine which may extend to one hundred rupees. \n \n(2) Whoever throws or puts or causes or suffers any member of his family or \nhousehold to throw or put any of the matters described in sub -section (1) except \nProvision as to \ndogs. \nProvision as to \nkeeping of pigs. \nDepositing dust, \netc., committing \nnuisance. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n109 of 158 \nnight-soil or, except with the permission of the chief officer, any night -soil into \nany sewer, drain, culvert, tunnel, gutter or water -course, and whoever commits \nnuisance or suffers any member of his family or household to commit nuisance \nin any such sewer, drain, culvert, tunnel, gutter or watercourse, or in such close \nproximity thereto as to pollute the same, shall be punished with fine which may \nextend to one hundred rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 528
},
{
"number": "193",
"title": "Section 193. Whoever causes or allows the water of any sink or sewer or any other liquid or",
"chapter": null,
"content": "other matter which is or which is likely to become offensive, or water in such quantity as \nis likely to remain stagnant from any building or land under his control, to ru n, drain or \nbe thrown or put upon any street or open space, or to soak through any external wall, or \ncauses or allows any offensive matter from any sewer or privy to run, drain or be thrown \ninto a surface drain in any street, without the permission in writ ing of the chief officer or \nwho fails to comply with any condition prescribed in such permission shall be punished \nwith fine which may extend to one hundred rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 529
},
{
"number": "194",
"title": "Section 194. Whoever being the owner or occupier of any building or land, keeps or allows to be",
"chapter": null,
"content": "kept for more than twenty four hours, or otherwise than in some proper receptacle, any \ndirt, dung, bones, ashes, night -soil, filth or any noxious or offensive matter, in or upon \nsuch building, or land, or suffers such receptacle to be in a filthy or noxious state, or \nneglects to employ proper means to remove the filth from and to cleanse and purify such \nreceptacle, or keeps or allows to be kept in or upon such building or land any animal in \nsuch a way as to cause a nuisance, shall be punished with fine which may extend to one \nhundred rupees and with further fine which may extend to ten rupees for every day, on \nwhich such offence is continued, after the date of the first conviction for such offence.",
"footnote": "",
"is_definition": false,
"sort_order": 530
},
{
"number": "195",
"title": "Section 195. (1) The chief officer may by public notice from time to time fix the hours within",
"chapter": null,
"content": "which and streets or routes by which only it shall be lawful to remove any night -\nsoil or other such offensive matter. \n \n(2) Whoever — \n \n(a) when the chief officer has fixed such hou rs and streets or routes and \ngiven public notice thereof removes or causes to be removed along any \nstreet except the street or route so fixed any such offensive matter at any \ntime except within the hours so fixed, or \n \n(b) at any time, whether such hours an d streets or routes have been fixed \nby the chief officer or not, \n \n(i) uses for any such purpose any cart, carriage, receptacle or \nvessel, not having a covering sufficient for preventing the escape \nof the contents thereof and of the stench therefrom, or \n \n(ii) wilfully or negligently slops or spills any such offensive \nmatter in the removal thereof, or \n \n(iii) does not carefully sweep and clean every place in which any \nsuch offensive matter has been slopped or spilled, or \n \n(iv) places or sets down in any public place any vessel containing \nsuch offensive matter, or \n \n(v) drives or takes or causes to be driven or taken any cart, \ncarriage, receptacle or vessel used for any such purpose as \naforesaid, through any street or by any route, other than the street \nor route so fixed, \n \nshall be punished with fine which may extend to one hundred rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 531
},
{
"number": "196",
"title": "Section 196. (1) Whoever, being the owner or occupier of any building land, whether",
"chapter": null,
"content": "Discharging \nsewage, etc. \nNon-removal of \nfilth, etc. \nRemoval of night-\nsoil. \nFilthy buildings, \netc. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \ntenantable or otherwise, suffers the same to be in a filthy and unwholesome state, \nor in the opinion of the chief officer a nuisance to persons residing in the \nneighbourhood, or overgrown with prickly -pear or rank and noisome vegetation \nand who shall not, within a reasonable time after notice in writing by the chief \nofficer to clea nse, clear or otherwise put such building or land in a proper state \nhave complied with the requisition contained in such notice, shall be punished \nwith fine which may extend to fifty rupees and with further fine which may \nextend to ten rupees for every day on which the failure to comply with the said \nnotice is continued after the date of the first conviction for such offence. \n \n(2) Where any building, by reason of dilapidation , neglect, abandonment, disuse \nor disputed ownership, or of its remaining untenanted and thereby- \n \n(a) becoming a resort of idle and disorderly persons, or of persons who \nhave no ostensible means of subsistence, or who cannot give a \nsatisfactory account of themselves, or \n \n(b) coming into use for any insanitary or immoral purpose, or \n \n(c) affording a shelter to snakes, rats or other dangerous or offensive \nanimals, \n \nis open to the objection that it is a nuisance, or so unwholesome or \nunsightly as to be a source of discomfort, inconvenience or annoyance to \nthe neighbourhood or to persons passing by such building, the executive \ncommittee, if it considers such objection cannot under any other \nprovision of this Act be otherwise removed, may, if there is any person \nknown or resident within the municipal borough w ho claims to be the \nowner of such building, by written notice directed to such person, require \nsuch person, or in any other case by written notice fixed on the door or \nany other conspicuous part of the building, require all persons claiming \nto be interested in such building, within a period which shall be specified \nin the notice and shall not be less than seven days from the date of such \nnotice, to cause such building to be taken down and the materials thereof \nto be removed; in the event of non -compliance w ith such requirement, \nthe executive committee, on the expiration of the period specified as \naforesaid may forthwith cause the building to be taken down and the \nmaterials to be removed, and may sell such materials and apply the \nproceeds to defray any expens es incurred by it in so doing; all such \nexpenses not thereby defrayed shall be recoverable in the same manner \nas an amount claimed on account of any tax recoverable under Chapter \nIX.",
"footnote": "",
"is_definition": false,
"sort_order": 532
},
{
"number": "197",
"title": "Section 197. (1) If, for any reason, it shall appear to the executive committee that any building",
"chapter": null,
"content": "or any room in a building intended for or used as a dwelling is unfit for human \nhabitation, the executive committee shall give to the owner or occupier of such \nbuilding a notice in writing, stating such reason, and signifying its intention to \nprohibit the further use of the building or room, as the case may be, as a \ndwelling, and shall in such notice call upon the owner or occupier aforesaid to \nstate in writing any objection there to within thirty days after the receipt of such \nnotice; and if no objection is raised by such owner or occupier within such \nperiod as aforesaid, or if any objection which is raised by such owner or occupier \nwithin such period appears to the executive committee invalid or insufficient, the \nexecutive committee may by an order in writing, prohibit the further use of such \nbuilding or room as a dwelling. \n \n(2) When any such prohibition as aforesaid has been made, the Chief Officer \nshall cause notice of such prohi bition to be affixed to, and the letters \"U. H. H.\" \nto be painted on, the door or some conspicuous part of such building or room as \nthe case may be, and no owner or occupier of such building or room shall use or \nsuffer the same to be used for human habitat ion until the executive committee \nDeserted and \noffensive buildings. \nBuildings or rooms \nin buildings unfit \nfor human \nhabitation. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n111 of 158 \ncertifies in writing that the building or room, as the case may be, has been \nrendered fit for human habitation.",
"footnote": "",
"is_definition": false,
"sort_order": 533
},
{
"number": "198",
"title": "Section 198. It shall be lawful for the president, vice -president, chair man of the executive",
"chapter": null,
"content": "committee, chief officer or any councilor or officer authorised by the municipality in this \nbehalf, at any time between sunrise and sunset after due notice, to enter into and inspect \nall buildings and lands, and by written notice to direct for sanitary reasons all or any part \nthereof to be forthwith internally and externally lime washed or otherwise cleansed.",
"footnote": "",
"is_definition": false,
"sort_order": 534
},
{
"number": "199",
"title": "Section 199. (1) The executive committee may set apart sufficient public places, or any part of",
"chapter": null,
"content": "the seashore, not being private property, for the purpose of being used as bathing \nplaces, and may also provide or set apart a sufficient number of convenient tanks \nor runs of water for the inhabitants to bathe in; and may also set apart tanks or \nreservoirs or runs of water for washing animals or clothes, or for any purpose \nconnected with the health, cleanliness and comfort of the inhabitants, and may \nprohibit the use, for any purpose mentioned in this section, of any or all other \npublic places within the municipal borough. \n \n(2) Copies of all orders passed and notices issued by the executive committee \nand for the time being in force under this section, shall be kept at the municipal \noffice and shall be open for inspection by the public at all reasonable time.",
"footnote": "",
"is_definition": false,
"sort_order": 535
},
{
"number": "200",
"title": "Section 200. (1) The executive committee may, by public notice, prohibit the washing of",
"chapter": null,
"content": "clothes by washermen in the exercise of their calling, except at such places as it \nshall appoint for this purpose; and when any such prohibition has been made, no \nperson who is, by calling a washerman shall wash clothes at any place not \nappointed for this purpose by the executive committee, except for such person \nhimself or for the owner or occupier of such place. \n \n(2) The executive committee shall provide suitable places for the exercise by \nwashermen of their calling and may require payment of such fees for the use of \nany such place as shall from time to time be determined by it wit h the approval \nof the municipality. \n \n(3) The executive committee shall, before issuing any public notice under sub \nsection (1), publish in such manner as shall in its opinion be sufficient, for the \ninformation of persons likely to be affected thereby; a l ist of washing places \nproposed to be provided under sub -section (2), together with a notice specifying \na date on or after which the list will be taken into consideration; and shall, before \nfinally fixing the said places, receive and consider any objection or suggestion in \nrespect thereto which may be made in writing by any person before the date so \nspecified.",
"footnote": "",
"is_definition": false,
"sort_order": 536
},
{
"number": "201",
"title": "Section 201. Whoever, in disobedience of any order of the municipality under section 199, or of",
"chapter": null,
"content": "any by e-laws, bathes in any stream, pool, tank , reservoir, well, cistern, conduit or \naqueduct belonging to the municipality, or washes or causes to be washed therein any \nanimal or anything whatever or throws puts or casts or causes to enter therein any animal \nor anything, or causes or suffers to run, drain or be brought there into anything that is or \nmay become a nuisance, or does anything whatsoever whereby any water therein shall \nbe in any degree fouled or corrupted, and whoever without permission of the chief \nofficer steeps in any tank, stream, or di tch within or on the boundary of, the municipal \nborough any animal, vegetable or mineral matter likely to render the water of such tank, \nstream or ditch offensive or a nuisance shall be punished with fine which may extend to \none hundred rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 537
},
{
"number": "202",
"title": "Section 202. (1) If, in the opinion of the chief officer-",
"chapter": null,
"content": "(a) any pool, ditch, quarry, hole, excavation, tank, well, pond, drain, \nwatercourse, or any collection of water, or \n \n(b) any cistern or other receptacle for water whether withi n or outside a \nPower to enter and \ninspect, etc., \nbuildings. \nBathing places. \nRegulation of \nwashing of clothes \nby washermen. \nWashing place to be \nprovided by the \nexecutive \ncommittee for \nwashermen. \nFouling water. \nAbatement of \nnuisance from \nwells, etc. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nbuilding or, \n \n(c) any land on which water accumulates, \n \nis or is likely to become a breeding place of mosquitoes or in any other respect a \nnuisance, the chief officer may, by notice in writing, require the owner thereof to fill up, \ncover over or drain off the same in such manner and with such materials as the chief \nofficer shall prescribe, or to take such order with the same for removing or abating the \nnuisance as the chief officer shall determine. \n \n(2) (a) No new well, tank, pond, cistern or fountain shall be dug or \nconstructed without the previous permission in writing of the chief \nofficer. \n \n(b) If any such work is begun or completed without such permission, the \nChief Officer may either- \n \n(i) by written notice require the owner or other pers on who has \ndone such work to fill up or demolish such work in such manner \nas the chief officer shall prescribe; or \n \n(ii) grant written permission to retain such work; but such \npermission shall not exempt such owner from proceedings for \ncontravening the provisions of clause (a) of this sub-section.",
"footnote": "",
"is_definition": false,
"sort_order": 538
},
{
"number": "203",
"title": "Section 203. Whoever, except with the written permission of the chief officer and in accordance",
"chapter": null,
"content": "with the conditions of such permission, stores or uses night -soil or other manure or \nsubstance emitting an offensive smell, shall be punished with fine which may extend to \nfifty rupees and with further fine which may extend to ten rupees for every day on which \nthe offence is continued after the date of the first conviction.",
"footnote": "",
"is_definition": false,
"sort_order": 539
},
{
"number": "204",
"title": "Section 204. Whoever tethers cattle or other animals, or causes or suffers them to be tethered by",
"chapter": null,
"content": "any member of his family or household, in any public street, or place so as to obstruct or \nendanger the public traffic therein, or to cause a nuisance, or who causes o r suffers such \nanimals to stray about without a keeper shall, on conviction, be punished- \n \n(a) for a first offence, with fine which may extend to two hundred rupees; \n \n(b) for any subsequent offence, with fine which may extend to five hundred \nrupees.",
"footnote": "",
"is_definition": false,
"sort_order": 540
},
{
"number": "205",
"title": "Section 205. Whoever feeds any animal which is kept for dairy purposes or is intended for",
"chapter": null,
"content": "human food on excrementitious matter, stable -refuse, filth or other offensive matter, or \npermits such animal to feed to or be fed on such matter, shall b e punished with fine \nwhich may extend to one hundred rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 541
},
{
"number": "206",
"title": "Section 206. (1) It shall be lawful for the municipality to direct by public notice that every",
"chapter": null,
"content": "furnace employed, or to be employed, in any works or buildings used for the \npurpose o f any trade or manufacture whatsoever, within the limits of the \nmunicipal borough whether a stream engine be or be not used or employed \ntherein shall in all cases be constructed, supplemented or altered so as to \nconsume or burn, or reduce as far as may be practicable, the smoke arising from \nsuch furnace. \n \n(2) If any person shall after such direction use, or permit to be used, any such \nfurnace not so constructed, supplemented or altered, or shall so negligently use, \nor permit to be used any such furnace that the smoke arising therefrom shall not \nbe effectually consumed or burnt as far as may be practicable, such person being \nthe owner or occupier of the said work or buildings or an agent or other person \nemployed by such owner or occupier for managing the same , shall be punished \nwith fine which may extend to one hundred rupees and upon any subsequent \nUsing offensive \nmanure, etc. \nTethering cattle, \netc. \nFeeding animals on \nfilth. \nConsumption of \nsmoke. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n113 of 158 \nconviction to one thousand rupees: \n \nProvided that nothing in this section shall be held to apply to locomotive \nengines used for the purpose of traffic upon any railway or for the repair of road. \n \n(8) Regulation of market, sale of foods, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 542
},
{
"number": "207",
"title": "Section 207. (1) It shall be lawful for the municipality to direct that no place other than a",
"chapter": null,
"content": "municipal market or slaughter -house, shall be used for any of the purposes \nspecified in sub-clauses (i) and (ii) of clause (b) of sub-section (1) of section 275 \nexcept under and in accordance with the conditions of a licence from the \nexecutive committee, which may at its discretion from time to time grant , \nsuspend, withhold or withdraw such licences either generally or in individual \ncases. \n \n(2) Whoever uses or permits the use of any place contrary to such direction, or \nwithout the licence required as aforesaid, or in contravention of any of the \nconditions or during the suspension or after the withdrawal of such licence, shall \nbe punished with fine which may extend to fifty rupees. \n \n(3) Upon a conviction being obtained in respect of any place under sub -section \n(2) of this section, the Magistrate shall, on th e application of the executive \ncommittee but not otherwise, order such place to be closed, and thereupon \nappoint persons or take other steps to prevent such place being so used; and \nevery person who so uses or permits the use of a place after it has been s o \nordered to be closed, shall be punished with fine which may extend to ten rupees \nfor each day during which he continues to use, or permits such use of, the place \nafter it has been so ordered to be closed. \n \n(4) Nothing in this section or in sub-clause (ii) of clause (b) of sub section (1) of \nsection 275 shall apply to any liquor as defined in the Bombay Prohibition Act",
"footnote": "",
"is_definition": false,
"sort_order": 543
},
{
"number": "1949",
"title": "Section 1949. 208. (1) The municipality may from time to time open or close any public market or",
"chapter": null,
"content": "slaughter-house. It may also either take stallage or other rents or fees for the use \nby any person of any such market or slaughter -house, or from time to time sell \nby public auction or otherwise the privilege of occupying any stall or space in or \nof otherwise using any such market or slaughter-house. \n \n(2) Any person who, without the permission of or a licence from the municipality, shall \nsell, or expose for sale, any article in the said markets or use the said slaughter -house, \nshall be punished with fine which may extend to fifty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 544
},
{
"number": "209",
"title": "Section 209. If any officer specially empowered in this behalf by the municipality is satisfied",
"chapter": null,
"content": "that any person occupying any stall or space in any marke t is in unauthorised occupation \nof the stall or space or continues to occupy the stall or space after authority to occupy \nhas ceased, he may, with the previous sanction of the municipality, require such person \nto vacate the stall or space within such time as may be mentioned in the requisition and \nif such person fails to comply with the requisition, such person may, in addition to any \npenalty which may be imposed under this Act, be summarily removed from the stall or \nspace.",
"footnote": "",
"is_definition": false,
"sort_order": 545
},
{
"number": "210",
"title": "Section 210. It shall be lawful for a municipality with the sanction of the 43[Director] or, if",
"chapter": null,
"content": "authorised by him, of the Collector to establish slaughter houses or places for the \ndisposal of carcasses of animals beyond the limits of the municip al borough and all \nprovisions of this Act and of by e-laws in force thereunder relating to such slaughter -\nhouses or places within the municipal borough, shall have full force in slaughter -houses \nor places established under this section, as if they were within the municipal borough. \n \nLicensing markets \nand slaughter-\nhouses. \nBom. XXV of",
"footnote": "",
"is_definition": false,
"sort_order": 546
},
{
"number": "1949",
"title": "Section 1949. Opening, closing",
"chapter": null,
"content": "and letting of \nmarkets and \nslaughter-house. \nPower to remove \npersons from \nmunicipal markets. \nSlaughter houses, \netc., beyond, \nmunicipal limits. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963",
"footnote": "",
"is_definition": false,
"sort_order": 547
},
{
"number": "211",
"title": "Section 211. (1) The president, vice-president, chairman of the health committee, chief officer",
"chapter": null,
"content": "or any councillor or officers authorised by the municipality in this behalf- \n \n(a) may at a ll reasonable times enter into any place for the purpose of \ninspecting and may inspect any animals, carcasses, meat, poultry, game, \nflesh, fish, fruit, vegetables, corn, bread, flour, milk, ghee, butter or other \narticles intended for human food or drink or for medicine, whether \nexposed or hawked about for sale, or deposited in or brought to any place \nfor the purpose of sale or of preparation for sale or may enter into and \ninspect any place used as a slaughter -house, and may examine anything \nwhich may be therein; and \n \n(b) in case any such animals, carcasses, or other articles before \nmentioned appear to be diseased or unsound or unwholesome or unfit for \nhuman food or drink or medicine may seize the same. \n \nAny article which is of perishable nature may under the orders of \nthe president, vice -president, chairman, of the executive committee or \nchief officer, if in his opinion it is diseased, unsound, unwholesome or \nunfit for human food, drink or medicine be forthwith destroyed. \n \nEvery animal and every article which is not of a perishable \nnature, if seized as aforesaid, shall be taken before a Magistrate. \n \nIf it appears to the Magistrate upon sufficient evidence that any \nsuch animal or article is diseased or unsound or unwholesome or unfit \nfor human food , drink or medicine, the owner or person in whose \npossession it was found, not being merely a bailee or carrier thereof, \nshall, if in such case the provisions of section 273 of the Indian Penal \nCode, 1860 do not apply, be punished with fine which may extend to two \nhundred rupees and the Magistrate shall cause such animal or article to \nbe destroyed or to be so disposed of as to prevent its being exposed for \nsale or use for human food or drink or medicine. \n \n(2) In all prosecutions under this section the Magistrate shall refuse to issue a \nsummons for the attendance of a ny person accused of an of fence against its \nprovisions unless the summons is applied for within a reasonable time from the \nalleged date of the offence of which such person is accused.",
"footnote": "",
"is_definition": false,
"sort_order": 548
},
{
"number": "212",
"title": "Section 212. The president, vice -president, chief officer or any councillor authorised by the",
"chapter": null,
"content": "municipality in this behalf may at all reasonable times enter into any place where \nweights or measures or weighing or measuring instruments are used or kept for purposes \nof trade and inspect such weights or measures weighing or measuring instruments. \n \n(9) Regulation of dairies and cattle sheds.",
"footnote": "",
"is_definition": false,
"sort_order": 549
},
{
"number": "213",
"title": "Section 213. (1) Except under and in accordance with the terms of a licence from the",
"chapter": null,
"content": "executive committee, no person shall- \n \n(a) carry on the trade or business of a dealer, in, or importer or seller of, \nsweetmeats, milk, butter or other milk products, or \n \n(b) use or permit to be used for the purposes of trade, any place for \nstabling milch cattle or for storing or selling milk or for making, storing \nor selling butter. \n \n(2) The executive committee may grant such licence subject to such conditions \nas it m ay deem fit and may at any time withdraw or suspend such licence on \ngiving one month's notice to the licensee : \n \nProvided that where the licensee has contravened any of the conditions \nSearch for and \ninspection of \nunwholesome \narticles. \nXLV of 1860. \nApplication for \nsummons to be \nrefused if not \napplied for within \nreasonable time. \nPowers of \ninspection of \nweights and \nmeasure,etc. \nLicensing of \ndairies. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n115 of 158 \nof the licence, the licence may be withdrawn or suspended without any su ch \nnotice. \n \n(3) Whoever carries on the trade or business of a dealer in, or importer or seller \nof, sweetmeats, milk, butter or other milk products, or so uses or permits to be \nused any place for any of the aforesaid purposes without, or in contravention of \nany of the conditions of, or after the withdrawal of, or during the suspension of, \nsuch licence, shall be punished with fine which may extend to one hundred \nrupees and in the case of a continuing offence with additional fine which may \nextend to twenty rup ees for each day during which such offence is continued \nafter the date of the conviction for the first such offence. \n \n(4) Upon a conviction being obtained in respect of any place under sub -section \n(3) the Magistrate shall, on the application of the municip ality but not otherwise, \norder such place to be closed, and thereupon, appoint persons or take other steps \nto prevent such place being so used. \n \n(10) Prevention of dangerous diseases.",
"footnote": "",
"is_definition": false,
"sort_order": 550
},
{
"number": "214",
"title": "Section 214. (1) Whenever any area within a municipal borough is declared by the State",
"chapter": null,
"content": "Government as affected by the out -break of any dangerous disease the \nmunicipality shall, subject to the limitations, restr ictions, and conditions, if any, \nas the State Government may by notification in the Official Gazette prescribe in \nthis behalf, exercise within the municipal borough the powers specified in sub -\nsection (2), until the declaration made is withdrawn. \n \n(2) The powers to be exercised by the municipality shall be as follows, namely:- \n \n(a) Power by orders, which may be either of special or general \napplication, to direct that every medical practitioner, who knows or may \nhave reason to believe that any person whom he has visited in his \nprofessional capacity in any dwelling not be ing a hospital; or that every \nmanager of any factory or educational institution, or every head of a \nhousehold, who knows or has reason to believe that any person who \nresides in any dwelling under his management, or control, is suffering \nfrom any illness wh ich may reasonably be supposed to be a dangerous \ndisease, shall give information of the same with the least practicable \ndelay to such person as may be designated by the municipality in that \nbehalf. \n \n(b) Power to direct or authorise the inspection, without notice, or with \nsuch notice as to the person directed or authorised to inspect appears \nreasonable, of any place in which any dangerous disease is reported or \nsuspected to exist and the taking of measures to prevent the spread of the \ndisease beyond such place. \n \n(c) Power to prohibit the removal of water for the purpose of drinking \nfrom any well, tank or other place which may appear to the municipality, \non the advice of a medical officer, likely to endanger or cause the spread \nof any dangerous disease. \n \n(d) Power to direct or cause the removal on a certificate signed by any \nduly qualified medical practitioner authorised by the municipality in this \nbehalf of any person who is without proper lodging or accommodation, \nor who is lodged in a room or set of apartmen ts occupied by more than \none family or in a place where his presence may be a danger to the \nneighbourhood, and who is suffering from a dangerous disease, to any \nhospital or place at which persons suffering from the said disease are \nreceived for medical tre atment, and to prohibit the person so removed \nfrom leaving such hospital or place without the permission of the \nmunicipality. \nPowers to prevent \ndisease which may \nat any time be \nconferred. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n \n(e) Power to require by written notice the owner or occupier of any \nbuilding or part of a building , or a person owning or in cha rge of any \narticle therein, to cleanse or disinfect such building or part thereof or \narticle, either at his own expense, or in case of poverty, or for other cause \nwhich the municipality, in the circumstances of the case considers, \nreasonable, at the expense of the municipality. \n \n(f) Power to provide the means and to prescribe places for disinfecting or \nwashing, bedding or other articles which have been exposed to infection \nfrom any dangerous disease, and to direct the destruction thereof. \n \n(g) Power- \n \n(i) to provide and maintain suitable conveyance for the free \ncarriage of persons suffering from any dangerous disease, and \n \n(ii) when such provision is made, to prohibit the conveyance of \nsuch persons in all or any public conveyances and \n \n(iii) to direct that c onveyances that may at any time to be used \nfor conveying any such person shall be immediately disinfected. \n \n(h) Power to prohibit- \n \n(i) any person suffering from any dangerous disease from \nwilfully exposing himself, without proper precautions against \nspreading the said disease, in any street or in any school or \nfactory, or in any inn, dharmashala, theatre, market or other \nplace of public resort, or \n \n(ii) any person in charge of any person so suffering from so \nexposing such sufferer. \n \n(i) Power to prohibit a ny person from removing to another place, \ntransferring to another person, except for the purpose of disinfection, any \narticle which the person prohibited knows or has reason to believe has \nbeen exposed to infection of any kind whatsoever from any dangerous \ndisease. \n \n(j) Power to prohibit the letting of or the providing of accommodation in \nany hotel, inn, dharmashala, or serai in which a person has, or in which \nthere is reason to believe that a person has been suffering from a \ndangerous disease unless and unt il the person desiring so to let or \nprovide accommodation shall have had the building, or part thereof, and \nany article therein likely to retain infection, disinfected to the satisfaction \nof the municipality, or of such officer as the municipality may app oint in \nthis behalf. \n \n(k) Power, with the previous permission in each case of a Magistrate \nexercising not less man second class powers to destroy any insanitary \nhuts or sheds in which there is reason to believe that persons have been \nsuffering from a dangerous disease. \n \n(3) The municipality may, in its discretion, give compensation to any person who \nsustains substantial loss by the destruction of any property under this section, \nbut, except as allowed by the municipality, no claim for compensation shall for \nany loss or damage caused by any exercise of the powers specified therein. \n \n(4) Any person who in a municipal borough disobeys any order which is for the \ntime being in force therein, and which has been passed by the municipality in \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n117 of 158 \nexercise of any power c onferred on such municipality under this section, or \nobstructs any officer of the municipality or other person acting under the \nauthority of the municipality in carrying out executively any such order, shall be \npunished with fine which may extend to one hundred rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 551
},
{
"number": "215",
"title": "Section 215. (1) In the event of the municipal borough or any part thereof being at any time",
"chapter": null,
"content": "threatened or visited with an outbreak of any dangerous disease, the municipality \nshall take all such measures as the Collector may deem necessary for the purpose \nof preventing, meeting, mitigating or suppressing suck outbreak. \n \n(2) In such event as aforesaid the Collector may by special notification declaring \nthat such municipal bor ough is threatened or visited with an outbreak of a \ndangerous disease, confer on the municipality all or any of the additional powers \nspecified in sub -section (3) and such municipality shall, subject to such \nlimitations, restrictions and conditions, if any , as the Collector in the same or in \nany subsequent notification may prescribe, exercise every such power so \nconferred on it until the same is withdrawn by means of a like notification. \n \n(3) The powers, all or any of which may be conferred under sub-section (2) are- \n \n(a) power to order, subject to the conditions- \n \n(i) that the permission of a Taluka Magistrate shall be in each \ncase first obtained, and \n \n(ii) that accommodation for all persons to whom the order refers \nis available, or shall be provided, elsewhere, \n \nthe evacuation of an infected building used as a dwelling or of any part thereof, \nor of any building so used adjacent to such building by the person or persons \nresiding, whether habitually or temporarily, therein; \n \n(b) power to direct the examination by a medical officer of persons and if \nnecessary, the disinfection of the clothing, bedding, or other articles \nsuspected of being infected, belonging to persons either arriving from \nplaces outside the municipal borough, or residing in any building \nadjacent to any infected building, and to direct that any such person shall \ngive his address and present himself daily for medical examination at \nsuch times, and places as may be prescribed, for a period not exceeding \nten days; \n \n(c) power to prohibit either gene rally or by special order in any \nindividual case, assemblages consisting of any number of persons \nexceeding fifty, in any place whether public or private, or in any \ncircumstances, or for any purpose, if in the opinion, recorded in writing, \nof the Civil Sur geon of the district or other medical officer appointed by \nthe State Government in this behalf such assemblages in such place or in \nsuch circumstances or for such purpose would be likely to become a \nmeans of spreading the disease or of rendering it more virulent. \n \n(4) The municipality may in its discretion give compensation to any person who \nsustains substantial loss by the destruction of any property under this section; but \nexcept as allowed by the municipality, no claim for compensation shall lie for \nany loss or damage caused by any exercise of the powers specified therein. \n \n(5) If in any municipal borough in which a notification under sub -section (2) is \nfor the time being in force, any person- \n \n(a) knowingly disobeys any order which for the time being is in force in \nsuch borough and which has been passed by the municipality in exercise \nof any power conferred on it under section 214 or under this section; or \nDuties of \nmunicipality on \nthreatened or actual \noutbreak of \ndangerous disease. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n \n(b) obstructs any officer of the municipality or other person acting under \nthe authority of the mun icipality in carrying out executively any such \norder, such person shall be punished with fine which may extend to one \nthousand rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 552
},
{
"number": "216",
"title": "Section 216. (1) The State Government, in the case of section 214, and the Col lector, in the",
"chapter": null,
"content": "case of section 215, may at any time- \n \n(a) withdraw any such power; \n \n(b) cancel or modify any limitation, restriction or condition prescribed in \nrespect of any such power ; or \n \n(c) cancel any order passed by a municipality in exercise of any such \npower. \n \n(2) Every order passed by a municipality in exercise of any power under section \n214, or as the case may be, section 215 shall, on the withdrawal of such power, \ncease to be in force in the municipal borough.",
"footnote": "",
"is_definition": false,
"sort_order": 553
},
{
"number": "217",
"title": "Section 217. If in any municipal borough any infectious disease amongst cattle, breaks out or if",
"chapter": null,
"content": "the introduction of any such disease appears to be likely, the municipality shall take all \nsuch measures as it may deem necessary for the pur pose of preventing, meeting, \nmitigating or suppressing fee disease or the outbreak or introduction thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 554
},
{
"number": "218",
"title": "Section 218. (1) Whenever the executive committee considers the interior of a building to be",
"chapter": null,
"content": "so overcrowded as to be or to be likely to become dangerous or prejudicial to the \nhealth of the inhabitants of that or of any neighbouring building, the executive \ncommittee may cause proceedings to be taken before a taluka Magistrate for the \npurposes of obtaining an order to present such overcrowdings. \n \n(2) Such Magistrate may, on the production of a certificate by a medical officer \nstating his opinion that the overcrowding complained of is likely to cause disease \nor risk of disease and after such fur ther inquiry, if, any, as may appear to such \nMagistrate necessary, require the owner of the building within a reasonable time \nnot being more than six weeks or less than ten days, to abate the number of \nlodgers, tenants or other inmates of the said building to such extent as he shall \ndeem necessary to prescribe, or may pass such other order as he shall deem just \nand proper. \n \n(3) If the owner of the said building shall have sublet the same, the land -lord of \nthe lodgers, tenants or other actual inmates of the same shall for the purposes of \nthis section be deemed to be the owner of the building. \n \n(4) It shall be incumbent on any owner, to whom a requisition is issued under \nsub-section (2) forthwith to give to so many of the lodgers tenants or other actual \ninmates of the said buildings as may be necessary to fulfill the conditions \nprescribed in such requisition written notice to vacate the said building, within \nthe period specified in such requisition, and any such lodgers, tenants or inmates \nreceiving notice shall be bound to comply therewith. \n \n(5) Any owner who after the date specified in any requisition issued under sub -\nsection (2) permits the overcrowding of any building in contravention of such \nrequisition, and any person who omits to vacate any such building s in \naccordance with notice given to him under sub -section (4), shall be punished \nwith fine which may extend to twenty-five rupees for each day subsequent to the \ndate specified in such requisition during which such overcrowding or such \nomission to vacate continues. \n \nWithdrawal and \nmodification of \npowers and order. \nDuties of \nmunicipality in \nrespect of diseases \namong cattle. \nProceedings to \nabate the \novercrowding of the \ninteriors of \nbuilding. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n119 of 158",
"footnote": "",
"is_definition": false,
"sort_order": 555
},
{
"number": "219",
"title": "Section 219. (1) If the State Government is of opinion that risk of disease has arisen or is",
"chapter": null,
"content": "likely to arise either to any occupier in, or to any inhabitant in the neighbourhood \nof, any area by reason of any of the following defects, namely — \n \n(a) the manner in which either buildings or blocks of buildings, already \nexisting or projected therein, are, or are likely to become, crowded \ntogether, or \n \n(b) the impra cticability of cleansing any such buildings or blocks of \nbuildings, already existing or projected, or \n \n(c) the want of drainage or scavenging, or the difficulty of arranging \ntherein for the drainage or scavenging of any such buildings or blocks or \narea as aforesaid, or \n \n(d) the narrowness, closeness, bad arrangement or bad condition of the \nstreets or buildings or groups of buildings, \n \nit may by notification confer on the municipality to which such area is \nsubject, all or any of the powers specified in sub-section (2), and may, if it deems \nnecessary, at any rime make rules prescribing any limitations, restrictions, \nmodifications, conditions or regulations, subject to which the municipality shall \nexercise within that area the powers so conferred, unless and un til those powers \nare withdrawn by a subsequent notification of the State Government \n \n(2) The powers which may be conferred on a municipality under sub -section (1) \nare as follows: \n \n(a) power when any building or block already existing or in course of \nerection, by reason of any defect specified in sub-section (1) has given or \nis in the opinion of the municipality likely to give rise to such risk as \naforesaid, to require by a written notice, to be fixed upon some \nconspicuous part of such building or block and addressed, as the \nmunicipality deems fit, either to the owners thereof or to the owners of \nthe land on which such building or block is erected or is in course of \nerection that the persons so addressed shall, within such reasonable time \nas shall be specifie d in the notice, either pull down or remove such \nbuilding or block, or execute such works or take such action in \nconnection there with as the municipality deems necessary to prevent all \nsuch risk or disease; \n \n(b) power by municipal or other agency to pull down or remove such \nbuilding or block, or to execute such works or to take such action as \naforesaid if the persons addressed in the said notice neglect so to do \nwithin the time specified therein; \n \n(c) power, subject to a right of appeal to the 69[Director] whose decision \nshall be conclusive, to prohibit, by written notice addressed to the owners \nand occupiers of any site or space hereinafter described and by general \nnotice published in the manner provided in sub -section (3 ) of section \n226, the erection of a ny building or of any building exceeding such \ndimensions as may be specified in such notice :- \n \n(i) on the site of any building which has, in whole or in part, \nunder the provisions of this section, been pulled down, or \n \n(ii) on any space not occupied by bu ildings, whether such space \nis private property or not and whether it is enclosed or not, if the \nmunicipality considers that in order to prevent such risk as \naforesaid, such site or space should not be built upon in whole or \nin part; and either to acquire such site or space or to prescribe \nSpecial powers \nwhich may be \nconferred by the \nState Government. \nin respect of over \ncrowded area. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nsuch conditions as may be deemed necessary as to the use which \nthe owner or occupier may make or permit to made thereof: \n \nProvided that in every case compensation, the amount of which shall in \ncase of dispute be ascertain ed and determined in the manner provided in section \n268 shall be paid to any person whose rights are affected by such prohibition. \n \n(3) When, in pursuance of any notice under sub -section (2). any building has \nbeen pulled down, the municipality shall, unles s such building has been erected \ncontrary to any provision of this Act or of any by e-law in force thereunder, pay \nto such owner or occupier as may have sustained damage thereby, reasonable \ncompensation, the amount of which shall in case of dispute be ascer tained or \ndetermined in the manner provided in section 268. \n \n(4) The State Government may prescribe by rules a fine exceeding one thousand \nrupees for every breach, and a further fine not exceeding fifty rupees a day for \nevery continuing breach, of any orde r made or conditions imposed by the \nmunicipality in exercise of any powers conferred upon it under this section.",
"footnote": "",
"is_definition": false,
"sort_order": 556
},
{
"number": "220",
"title": "Section 220. (1) Where the municipality is of opinion that any place used for the disposal of",
"chapter": null,
"content": "the dead should cease to be so used by reason of its being surrounded by an area \ndeveloped into a busy locality or being in the vicinity of some source of water \nsupply or there being any religious or communal controversies or is in such a \nstate as to be, or to be like ly to become, injurious to health , it may submit its \nopinion with the reasons therefor to the 69[Director] and the 69[Director] \nthereupon, after such further inquiry, if any, as he shall deem fit to cause to be \nmade by notification direct that such place s hall cease to be so used from such \ndate as may be specified in that behalf in the said notification. \n \n(2) A copy of the said notification together with a translation thereof in Gujarati \nshall be published in the local newspaper, if any, and shall be posted up at the \nmunicipal office and in one or more conspicuous spots on or near the place to \nwhich the same relates. \n \n(3) Any person who buries or otherwise, disposes of any corpse in any such \nplace, after the date specified in the said notification for closure of the same shall \nbe punished with fine which may extend to two hundred rupees. \n \n(11) Nuisances from certain trades and occupations.",
"footnote": "",
"is_definition": false,
"sort_order": 557
},
{
"number": "221",
"title": "Section 221. (1) If it be shown to the satisfaction of the executive committee that any",
"chapter": null,
"content": "building or place used or intended by any person to be used- \n \n(a) for boiling or storing offal, blood, bones and range, \n \n(b) for salting, curing or storing fish, \n \n(c) for storing-hides, horns or skin, \n \n(d) for tanning, \n \n(e) for the manufacture of leather or leather goods, \n \n(f) for dyeing, \n \n(g) for melting tallow or sulphur, \n \n(h) for washing or drying wool or hair, \n \n(i) for manufacturing or preparing by any process whatever, bricks, \npottery or lime, \nClosing of places \nfor disposal of the \ndead. \nRegulation of \ncertain trades. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n121 of 158 \n \n(j) for soap making, \n \n(k) for oil-boiling or oil extracting, \n \n(l) as a manufactory of sago, \n \n(m) as a distillery, \n \n(n) for storing hay, straw, fodder, wool, coa l or other combustible \nmaterial, \n \n(o) as a manufactory of snuff, \n \n(p) for the manufacture or sale of sweetmeats, \n \n(q) as a factory, workshop or place of business in which animals are \nemployed or intended to be employed for doing work or in which steam, \nwater or any mechanical power is used or intended to be used, \n \n(r) as a manufactory or place of business of any other kind, from which \noffensive or unwholesome smells arise, or which may involve risk of \nfire, \n \n(s) as a hair dressing saloon or a barber's shop or a humamKhana, is or is \nlikely to become by reason of such use and of its situation a nuisance to \nneighbourhood or is so used or is so situated as to likely to be dangerous \nto life, health or property, the executive committee may by written notice \nrequire the owner or occupier- \n \n(i) at once to discontinue the use of or at once to desist from \ncarrying out or allowing to be carried out the intention so to use, \nsuch building or place, or \n \n(ii) to use it in such manner or after such structural alterations as \nthe executive committee in such notice prescribes so that it may \nnot become or may be no longer, a nuisance or dangerous. \n \nExplanation-1.-For the purpos e of clauses (q) and (r) \nnuisance shall include any contamination of the atmosphere \nwhereby a deposit of soot is caused or any mechanical noise. \n \nExplanation-2.—Nothing in clauses (q) and (r) shall be \ndeemed to affect any provision of the In dian Boilers Act, 1923, \nor shall authorize any order relating to the fixing or fencing of \nany engine, mill-gearing, hoist or other machinery in any factory \nto which the provisions of the Factories Act, 1948, are \napplicable. \n \n(2) Whoever after notice has been given under sub-section (1), uses any building \nor place or permits it be used in such a manner as to be a nuisance to the \nneighbourhood or dangerous to life, health, or property, shall be punished with \nfine which may extend to five hundred rupees, and w ith further fine which may \nextend to seventy-five rupees for every day on which such use or permission of \nuse is continued after the date of the first conviction. \n \n(3) Upon a conviction being obtained under this section, the Magistrate shall, on \nthe application of the executive committee but not otherwise, order such place to \nbe closed and thereupon appoint persons or take other steps to prevent such place \nbeing used for any purpose mentioned in sub-section (1). \n \nV of 1923. \nLXIII of 1948. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n(4) Whoever uses without licence or during t he suspension or after the \nwithdrawal of a licence, any place for any purpose mentioned in sub -section (1) \nin any municipal borough in which bye -laws are for the time being in force \nprescribing the conditions on or subject to which, the circumstances in wh ich, \nand the areas or localities in respect of which, licences for such use may be \ngranted, refused, suspended or withdrawn, shall be punished with fine which \nmay extend to one hundred rupees and with further fine which may extend to \ntwenty rupees for every day on which such use is continued after the date of first \nconviction.",
"footnote": "",
"is_definition": false,
"sort_order": 558
},
{
"number": "222",
"title": "Section 222. (1) No person shall use or employ in any factory or any other place any whistle",
"chapter": null,
"content": "or trumpet operated by steam or mechanical means for t he purpose of \nsummoning or dismissing workmen or persons employed except under and in \naccordance with the conditions of a licence from the executive committee. \n \n(2) The executive committee may grant such licence subject to such conditions \nas it may deem fi t and may at any time withdraw such licence on giving one \nmonth's notice to the licensee : \n \nProvided that where the licensee has contravened any of the conditions \nof the licence, the licence may be withdrawn without any such notice. \n \n(3) Whoever uses or employs any such whistle or trumpet as aforesaid without or \nin contravention of any of the conditions of or after the withdrawal of such \nlicence, shall be punished with fine which may extend to one hundred rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 559
},
{
"number": "223",
"title": "Section 223. Whoever in any street or public place within the limits of a municipal borough",
"chapter": null,
"content": "loiters, for the purpose of prostitution or importunes any person to the commission of \nsexual immorality shall be punished with fine which may extend to one hundred rupees: \n \nProvided that no Court shall take cognizance of an offence under this section \nexcept on the complaint of the person importuned, or of a police officer not below the \nrank of an officer in charge of police station and specially authorized in thi s behalf by \nthe district magistrate or by the municipality. \n \n(12) Regulation of pilgrim's lodging houses.",
"footnote": "",
"is_definition": false,
"sort_order": 560
},
{
"number": "224",
"title": "Section 224. (1) No person shall, in any municipal borough which the State Government shall",
"chapter": null,
"content": "have declared by notification to be pilgrim centre for the purposes of this section \nand of clause (d) of sub-section (1) of section 275 use or permit to be used any \nplace or building for the purpose of lodging pilgrims except under and in \naccordance with the conditions of a licence from the executive committee. \n \n(2) The executive committee may grant such licence subject to such conditions \nas it may deem fit and may at any time withdraw such licence on giving one \nmonth's notice to the licensee : \n \nProvided that where the licensee has contravened a ny of the conditions \nof the licence, the licence may be withdrawn without any further notice. \n \n(3) Whoever lodges or permits to be lodged any pilgrims in any place or building \nwithout or in contravention of any of the conditions of or after the withdrawal of \nor during the suspension of such licence, shall be punished with a fine not \nexceeding ten rupees for each such pilgrim for each day or part of a day during \nwhich such pilgrim has been so lodged. \n \n \n \n \n \nProhibition of use \nof steam whistles, \netc. \nLoitering or \nimportuning for \npurpose of \nprostitution. \nPilgrims' lodging \nhouses. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n123 of 158 \n(13) Powers in case of fire.",
"footnote": "",
"is_definition": false,
"sort_order": 561
},
{
"number": "225",
"title": "Section 225. It shall be the duty of all police officers and of all municipal officers and servants to",
"chapter": null,
"content": "aid a fire-brigade in the execution of its duties. Such officers and servants may close any \nstreet in or near which a fire is burning and remove any persons who interfere by their \npresence with the operations of the fire-brigade. \n \n(14) Service of notices, summons, etc., penalties on non-compliance therewith and \nexecution of works on default.",
"footnote": "",
"is_definition": false,
"sort_order": 562
},
{
"number": "226",
"title": "Section 226. (1) The service of every notice and the presentation of every bill under this Act",
"chapter": null,
"content": "on any person or to any person to whom it is by name, addressed, shall, in all \ncases not otherwise specially provided for in this Act, be effected by a municipal \nofficer or servant or other person authorised by the chief officer in this behalf- \n \n(i) if such person resides within the municipal borough- \n \n(a) by giving or tendering the notice or bill to the person; or \n \n(b) if the person is not found, by leaving the s ame at his last \nknown place of abode, within the municipal borough, or by \ngiving or tendering, the same to some adult member or servant of \nhis family or by registered post under cover bearing the address \nof the place of abode last known; or \n \n(ii) if such person does not reside within the municipal borough, and his \naddress elsewhere is known to the President or other person directing the \nissue of the notice or bill, then by forwarding the same by registered post \nunder cover bearing the said address; or \n \n(iii) if none of the means aforesaid be available, then by causing the bill \nor notice to be affixed on some conspicuous part of the building or land, \nif any, to which the bill or notice relates. \n \n(2) When any notice under this Act is required or permitted by or under this Act \nto be served upon an owner or occupier of any building or land, it shall not be \nnecessary to name the owner or occupier therein, and the service thereof, in \ncases not otherwise, specially provided for in this Act, shall be effected either- \n \n(a) by giving or tendering the notice to the owner or occupier or if there \nbe more owners or occupiers than one, to any one of them; or \n \n(b) if no such owner or occupier be found, then by g iving or tendering \nthe notice to some adult member or servant of the family of any such \nowner or occupier as aforesaid; or \n \n(c) if none of the means aforesaid be available, then by causing the \nnotice to be fixed on some conspicuous part of the building or land to \nwhich the same relates. \n \n(3) Every notice which this Act requires or empowers a municipality or any \nmunicipal authority or officer to give or to serve either as a public notice or \ngenerally or by prov isions which do not expressly require notice to be given to \nindividuals therein specified shall be deemed to have been sufficiently given or \nserved if a copy thereof is put up in such conspicuous part of the municipal \noffice during such period and in such other public buildings or places in each \nward and where necessary is published in such local papers or in such other \nmanner, as the municipality in bye-laws in this behalf prescribes. \n \n(4) No notice or bill shall be invalid for defect of form. \n \nPolice and \nmunicipal officers \nto aid fire-brigade. \nService of notices, \netc. addressed to \nindividuals. \nService of notices \non owners or \noccupiers of \nbuildings and lands. \nPublic and general \nnotices how to be \npublished. \nDefective form not \nto invalidate notice. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n (5) (a) Where any notice under this Chapter requires any act to be done for \nwhich no time is fixed by this Act, the notice shall fix a reasonable time \nfor doing the same. \n \n(b) In the event of non-compliance with the terms of the notice it shall be \nlawful for the chief officer to take such action or such steps as may be \nnecessary for the completion of the act thereby required to be done and \nall the expenses therein incurred b y the municipality shall be paid by the \nperson or persons upon whom the notice was served and shall be \nrecoverable in the manner provided in section 269. \n \n(6) The foregoing provisions of this section shall mutatis mutandis apply to the \nservice of any summo ns, requisition or order issued under this Act and to be \nserved on any person.",
"footnote": "",
"is_definition": false,
"sort_order": 563
},
{
"number": "227",
"title": "Section 227. Whoever disobeys or fails to comply with any lawful direction given by any written",
"chapter": null,
"content": "notice issued by or on behalf of a municipality under any power conferred by this \nChapter, or fails to comply with the conditions subject to which any permission was \ngiven to him by or on behalf of a municipality under any power so conferred, shall, if the \ndisobedience or failure is not an offence punishable under any other section, be punished \nwith fine which may extend to one hundred rupees and with further fine which may \nextend to ten rupees for every day on which the said disobedience or failure contin ues \nafter the date of the first conviction : \n \nProvided that when the notice fixes a time within which a certain act is to be \ndone and no time is specifie d in this Act, it shall rest with the Magistrate to determine \nwhether the time so fixed was reasonable time within the meaning of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 564
},
{
"number": "228",
"title": "Section 228. Whoever does or omits to do an act in contravention of any provisions of this Act",
"chapter": null,
"content": "or the bye-laws made thereunder o r the conditions of a licence permission granted by a \nmunicipality under the said provisions or bye-laws shall if such act or omission is not an \noffence under the said provisions or bye -laws, be punished with fine which may extend \nto one hundred rupees and with further fine which may extend to ten rupees for every \nday on which act or omission continues after the date of the first conviction.",
"footnote": "",
"is_definition": false,
"sort_order": 565
},
{
"number": "229",
"title": "Section 229. (1) Where under the provisions of this Act any work is required to be executed",
"chapter": null,
"content": "by the owner or occupier of any building or land and default is made in the \nexecution of such work, the municipality, whether any penalty is or is not \nprovided for such default, may, after giving reasonable notice to the owner or \noccupier and taking into consideration the objections , if any, made within the \nperiod specified in the notice, cause such work to be executed; and the expenses \nthereby incurred shall, unless otherwise expressly provided in this Act, be paid to \nit by the person by whom such work ought to have been executed, a nd shall be \nrecoverable in the same manner as an amount claimed on account of any tax \nrecoverable under Chapter IX either in one sum or by instalments as to the \nmunicipality may seem fit: \n \nProvided that- \n \n (a) where any drainage scheme or water -works scheme has been \ncommenced by any municipality, it shall be lawful for the municipality, \nwithout prejudice to its powers under section 162 o r any other provision \nof this Act to make a special agreemen t with the owner of any building \nor land as to the manner in which the drainage or water -connection \nthereof shall be carried out, and the pecuniary or other assistance, if any, \nwhich the municipality shall render; and any payment agreed upon by the \nowner shall be recovered in accordance with the terms of such agreement \nor in default, in the manner described in sub-sections (2) and (3); \n \n (b) where an order or requisition has been passed under sub -section (1) \nExecution of acts \nrequired to be done \nby any notice. \nPunishments for \ndisobedience of \norder and notice not \npunishable under \nany other section. \nGeneral penalty. \nMunicipality in \ndefault of owner or \noccupier may \nexecute works and \nrecover expenses. \nAgreement for \nconstruction of \ndrainage and water \nconnections. \nImprovement \nexpenses. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n125 of 158 \nof section 147, sub -section (1) of section 149, sub -section (2) or (8) of \nsection 155, or under sections 160, 162, 167 or 168 or where permission \nhas been given under section 164, or where an arrangement has been \nmade under proviso (a) of this sub-section, the municipality may without \nprejudice to any other powers under this Act, if it thinks fit, declare any \nexpenses incurred by the municipality in the execution of such order or \nin the carrying out such requisition, permission or arrangement to be \nimprovement expenses. Improvement expenses shall be a charge upon \nthe premises or land, and shall be levied in such instalments as the \nmunicipality may decide, including interest at the rate of seven and a half \npercent, per annum, and shall be recoverable in the manner described in \nsub-sections (2) and (3). \n \n (2) If the defaulter be the owner of the building or land the municipality may, by \nway of additional remedy, whether a suit or proceeding has been brought or \ntaken against such owner or not, require, subject to the provisions of sub -section \n(3), the payment of all or any part of the expenses payable by the owner for the \ntime being from the person who then, or any time thereafter, occupies the \nbuilding or land under such owner; and in default of payment thereof by such \noccupier on demand, the same may be levied from such occupier and every \namount so leviable shall be recoverable in the same manner as an amount \nclaimed on account of any tax recoverable under Chapter I X; every such \noccupier shall be entitled to deduct from the rent payable by him to his landlord \nso much as has been so paid by or recovered from such occupier in respect of \nany such expenses. \n \n (3) No occupier of any building or land shall be liable to pay more money in \nrespect of any expense charged by this Act on the owner thereof, than the \namount of rent which is due from such occupier for the building or land in \nrespect of which such expen ses are payable, at the time of the demand made \nupon him or which at any time after such demand and notice not to pay rent to \nthe landlord, has accrued and become payable by such occupier, unless he \nneglect or refuse, upon application made to him for that purpose by the \nmunicipality, truly to disclose the amount of his rent, and the name and the \naddress of the person to whom such rent is payable; but the burden of proof that \nthe sum demanded of any such occupier is greater than the rent which was due \nby him at the time of such demand, or which has since accrued, shall be upon \nsuch occupier: \n \nProvided that nothing herein contained shall be taken to affect any \nspecial contract made between any such occupier and the owner respecting the \npayment of any such expenses as aforesaid.",
"footnote": "",
"is_definition": false,
"sort_order": 566
},
{
"number": "230",
"title": "Section 230. Where default is made by the owner of any building or land in the execution of any",
"chapter": null,
"content": "work required to be executed by him the occupier of such buildi ng or land may, with the \napproval of the municipality, cause such work to be executed and the expense thereof \nshall be paid to him by the owner, or the amount may be deducted out of the rent from \ntime to time becoming due from him to such owner.",
"footnote": "",
"is_definition": false,
"sort_order": 567
},
{
"number": "231",
"title": "Section 231. If the occupier of any building or land prevents the owner thereof from carrying",
"chapter": null,
"content": "into effect in respect of such building or land any of the provisions of this Act, after \nnotice of his intention so t o carry them into effect has been given by the owner to such \noccupier, any executive Magistrate upon proof thereof, and upon application of the \nowner, may make and order in writing requiring such occupier to permit the owner to \nexecute all such works, with respect to such building or land as may be necessary for \ncarrying into effect the provisions of this Act, and may also, if he thinks fit, order the \noccupier to pay to the owner the costs relating to such application or order, and if, after \nthe expiration of eight days from the date of the order, such occupier continue to refuse \nto permit such owner to execute any such work, such occupier shall for every day during \nwhich he so continued to refuse, be punished with fine which may extend to one hundred \nrupees and every such owner, during the continuance of such refusal, shall be discharged \nPower to levy \ncharges on occupire \nwho may deduct the \nsame from his rent. \nOccupiers not to be \nliable for more than \nthe amount or rent \ndue. \nOccupier in default \nof owner, may exe-\ncute works, and \ndeduct expenses \nfrom his rent. \nProceedings if any \noccupier opposes \nthe execution of the \nAct. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nfrom any penalties to which he might otherwise have become liable by reason of his \ndefault in executing such works.",
"footnote": "",
"is_definition": false,
"sort_order": 568
},
{
"number": "232",
"title": "Section 232. A person who by reason of his receiving the rent of any land or building as agent or",
"chapter": null,
"content": "trustee for another person is an owner within the meaning of clause (18) of section 2 \nshall not be liable to do anything by this Act require d to be done by the owner of such \nland or building which may involve expenditure on the part of such owner, unless he has \nfunds of, or due to, the owner sufficient to pay for the same and shall not be subject to \nany penalty for omitting to do such act if he can prove that the default was occasioned by \nreason of his not having funds of, or due to, the owner sufficient to defray the expense of \ndoing the act required and, where a notice, requisition or order was issued under this Act \nrequiring the owner or occu pier of the land or building to do any act as specified in the \nnotice, requisition or order, if he can prove that he had soon after the service of the \nnotice, requisition or order informed the authority issuing the notice, requisition or order \nthat he had no funds of or due to the owner sufficient to defray the expense of doing the \nact required and forwarded the notice, requisition or, as the case may be, order to the \nowner. \n \n[CHAPTER XII. \nPOWER TO EVICT PERSONS FROM PREMISES BELONGING TO \nMUNICIPALITY.",
"footnote": "",
"is_definition": false,
"sort_order": 569
},
{
"number": "233",
"title": "Section 233. Power to evict certain persons from municipal premises.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 570
},
{
"number": "234",
"title": "Section 234. Power to recover rent or damages as arrears of land revenue.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 571
},
{
"number": "235",
"title": "Section 235. Deduction of rent from salary or wages in certain cases.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 572
},
{
"number": "236",
"title": "Section 236. Appeal.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 573
},
{
"number": "237",
"title": "Section 237. Bar of Jurisdiction of Civil Courts.] Repealed by Guj. 12 of 1973; s. 19.",
"chapter": null,
"content": "CHAPTER XIII. \nCATTLE POUNDS.",
"footnote": "",
"is_definition": false,
"sort_order": 574
},
{
"number": "238",
"title": "Section 238. In every municipal borough the provisions of the Cattle-trespass Act, 1871, shall",
"chapter": null,
"content": "cease to apply with effect on and from the date of the commencement of this Act: \n \nProvided that- \n \n(a) nothing in this section shall affect the liability of any person to any penalty \nunder any law so ceasing to be in force; \n \n(b) any appointment, notification, order or rule made or issued under any such \nlaw in respect of any cattle pounds within the limits of such municipal borough \nshall, so far as it is not inconsistent with the provisions of this Act, be deemed to \nhave been made or issued under this Act and continue in force until superseded \nby any notification, order or rule made under this Act; \n \n(c) any cattle pound established in the municipal borough under the Act so \nceasing to apply shall be deemed to be vested in the municipality of the \nmunicipal borough and shall be maintained in accordance with the provisions o f \nthis Act.",
"footnote": "",
"is_definition": false,
"sort_order": 575
},
{
"number": "239",
"title": "Section 239. (1) Notwithstanding anything contained in any law for the time being in",
"chapter": null,
"content": "force, every municipality within the limits of its jurisdiction shall, from time to \ntime appoint such plac es as it thinks fit to be public pounds, and may appoint \nsuch persons to be keepers of such pounds as it may think necessary. The duties \nof pound keepers shall be such as may be prescribed by the municipality. \n \n(2) Every pound keeper so appointed shall, in the performance of his duties, be \nLiability of persons \nreceiving rent as \nowners subject to \navailability of \nfunds. \nCattle-trespass Act \nto cease to apply. I of 1871. \nPower to establish \ncattle pounds and \nappoint pound \nkeepers. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n127 of 158 \nsubject to the direction and control of the municipality by which he is appointed.",
"footnote": "",
"is_definition": false,
"sort_order": 576
},
{
"number": "240",
"title": "Section 240. (1) Whoever, within the limits of a m unicipality, allows any cattle which",
"chapter": null,
"content": "are his p roperty or in his charge to stra y in any street or to trespass upon any \nprivate or public property shall, on conviction, be punished- \n \n(i) for the first offence, with imprisonment for a term which may extend \nto one month or with fine which may extend to three hundred rupees or \nwith both; \n \n(ii) for a second or subsequent offence, with imprisonment for a term \nwhich may extend to six months or with fine which may extend to five \nhundred rupees, or with both. \n \n(2) The Magistrate trying the offence under sub-section (1) may order, — \n \n(a) that the accused shall pay such compensation, not exceeding two \nhundred and fifty rupees as the Magistrate considers reasonable to any \nperson for any damage proved to have been caused to his property or to \nthe produce of land, by the cattle under the control of the accused, \ntrespassing on his land and also; \n \n(b) that the cattle in respect of which the accused is convicted shall be \nforfeited to the State Government. \n \n(3) Any compensation awarded under sub -section (2) may be recovered as if it \nwere a fine imposed under this section. \n \n(4) An offence under this section shall be cognisable. \n \n(5) Nothing contained in sub -section (1) shall render any person liable to any \npunishment provided in that sub -section, if in the opinion of the Court, the \noffence was committed without his knowledge or he exercised all due diligence \nto prevent the commission of such offence.",
"footnote": "",
"is_definition": false,
"sort_order": 577
},
{
"number": "241",
"title": "Section 241. (1) It shall be the duty of every Police Officer and a Watch and Ward",
"chapter": null,
"content": "appointed by the municipality and it shall be lawful for any other person, to seize \nand take to any such public pound for confinement therein, any cattle found \nstraying in any street or trespassing upon any private or public property withi n \nthe limits of the municipal borough. \n \n(2) Whoever forcibly opposes the seizure of cattle liable to be seized under this \nAct, and whoever rescues the same after them to a pound, shall, on conviction, \nbe punished with imprisonment for a term not exceeding six months or with fine \nnot exceeding five hundred rupees, or with both.",
"footnote": "",
"is_definition": false,
"sort_order": 578
},
{
"number": "242",
"title": "Section 242. (1) If within seven days after any cattle have been impounded, no person",
"chapter": null,
"content": "appearing to be the owner of such cattle offers to pay the pound -fee and \nexpenses chargeable under section 243 such cattle shall be forthwith sold by \nauction in the manner provided in the rules and the surplus remaining after \ndeducting the fee and expenses aforesaid from the proceeds of the sale, shall be \npaid to any person, who, within fifteen days after the sale, proves to the \nsatisfaction of such officer as the municipality authorises in this behalf that he \nwas the owner of such cattle and shall, in any other case, form part of the \nmunicipal fund. If the impounded cattle cannot be sold by auction, the \nmunicipality may dispose it of by entrusting it to any Panjarapole or such other \ninstitution free of charge. In such case the expenses chargeable under section 243 \nand other incidental expenses shall be borne by the municipality. \n \n(2) No police officer, or officer, member or servant of the municipality including \nthe pound-keeper shall, directly or indirectly, purchase any cattle at a sale under \nPenalty for \nallowing cattle to \nstray in street or to \ntrespass upon \nprivate or public \nproperty. \nImpounding of \nCattle. \nSale of Cattle not \nclaimed. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nsub-section (1).",
"footnote": "",
"is_definition": false,
"sort_order": 579
},
{
"number": "243",
"title": "Section 243. (1) The pound-fee chargeable shall be such as the State Government may",
"chapter": null,
"content": "from time to time by notification in the Official Gazette specify for each kind of \ncattle. \n \n(2) The expenses chargeable shall be at such rates for each day during any part \nof which any cattle is impounde d, as shall from time to time be fixed by the \nmunicipality.",
"footnote": "",
"is_definition": false,
"sort_order": 580
},
{
"number": "244",
"title": "Section 244. (1) Any person whose cattle have been seized under this Act or having been so",
"chapter": null,
"content": "seized, have been detained in contravention of this Act may, at any time within \nten days from the date of the seizure, make a complaint to the Magistrate of the \nfirst class. \n \n(2) The complaint shall be made by the complainant in person, or by an agent \npersonally acquainted with the circumstances. If the Magistrate on examining the \ncomplainant or his agent sees reason to believe the complaint to be well founded, \nhe shall summon the person complained against, and make an enquiry into the \ncase. \n \n(3) If the seizure or detention be adjudged illegal, the Magistrate shall award t o \nthe complainant for the loss caused by the seizure or detention reasonable \ncompensation not exceeding one hundred rupees to be paid by the person who \nmade the seizure or detained the cattle, together with all fees paid and expenses \nincurred by the compla inant in procuring the release of the cattle, and if the \ncattle have n ot been released the Magistrate shall besides awarding such \ncompensation order their release, and direct that the fees and expenses leviable \nunder this Act shall be paid by the person wh o made the seizure or detained the \ncattle. \n \n(4) The compensation, fees and expenses mentioned in this section may be \nrecovered as if they were fines imposed by the Magistrate.",
"footnote": "",
"is_definition": false,
"sort_order": 581
},
{
"number": "245",
"title": "Section 245. (1) In any municipal borough to which the State Government may by notification",
"chapter": null,
"content": "in the Official Gazette, apply this section, every pound -keeper shall, before \nreleasing any impounded cattle, require the owner of the impounded cattle or his \nagent to make, in the form prescribed by rules a declaration regarding the \nownership of such cattle and to deposit by way of security such sum as may be \nprescribed. Progressively increasing scales may be prescribed in the rules made \nby the State Government in respect of cattle belonging to or kept by the same \nperson according to the number of cattle impounded at a time and the number of \ntimes the cattle are impounded and different scales may be prescribed for \ndifferent municipalities. \n \n(2) If any cattle belonging to such owner are impounded within a perio d of six \nmonths from the date on which the security is deposited, and if the seizure is not \nadjudged illegal, the amount of deposit or a part thereof, as may be directed by \nthe State Government by rules made in this behalf, shall stand forfeited to the \nState Government. If cattle are not impounded as aforesaid, the amount of \nsecurity deposit shall on an application made by or on behalf of the depositor be \nrefunded to him on the expiry of that period. \n \n(3) On every occasion on which the release of the cattle impounded under this \nAct is claimed, the owner of the cattle shall deposit a fresh security. \n \nCHAPTER XIV. \nPROSECUTIONS, SUITS AND POWERS OF POLICE.",
"footnote": "",
"is_definition": false,
"sort_order": 582
},
{
"number": "246",
"title": "Section 246. (1) Subject to the provisions of sub -section (3) the chief officer may, and where",
"chapter": null,
"content": "the executive committee so requires shall, direct any prosecution for any public \nPound-fees and ex-\npenses chargeable \nto be fixed. \nComplaints of \nillegal seizure or \ndetention. \nSecurity in respect \nof impounded \ncattle. \nMunicipality may \nprosecute. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n129 of 158 \nnuisance whatever and order proceedings to be taken for the recovery of any \npenalties and for the punishment of any persons offending against the provisions \nof this Act or of any rule or by e-law thereunder and shall order the expenses of \nsuch prosecutions or other proceedings to be paid out of the municipal fund : \n \nProvided that no prosecution for an offence under this Act or bye -laws \nframed thereunder shall be instituted except within six months next after the date \nof the commission of the offence or, if such date is not known or the offence is a \ncontinuing one, within six months next after the commission or discovery of \nsuch offence. \n \n (2) Any prosecution under this Act or under any rule or by e-law thereunder \nmay, save as therein otherwise provided, be instituted before any Magistrate; and \nevery fine or penalty imposed under or by virtue of this Act or any rule or bye -\nlaw thereunder and any compensation, expenses, charges or damages for the \nrecovery of which no special provision is otherwise made in this Act may be \nrecovered on application to any Magistrate by the distress and sale of any \nmoveable property within the limits of his jurisdiction belonging to the person \nfrom whom the money is claimable. \n \n(3) The chief officer shall not, except with the previous approval of the executive \ncommittee, direct a prosecution or order proceedings to be taken for the \npunishment of any person offending against the provisions of the following \nsections or sub-sections, namely:- \n \nSection 72; sub-section (4) of section 149; sub-section (4) of section 150; \nsection 206; and sub-section (4) of section 219.",
"footnote": "",
"is_definition": false,
"sort_order": 583
},
{
"number": "247",
"title": "Section 247. No distress levied or attachment made by virtue of this Act shall be deemed",
"chapter": null,
"content": "unlawful nor shall any party making the same be deemed a trespasser, on account of any \ndefect or want of form in any summons, conviction, or warr ant of distress or attachment \nor other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio \non account of any irregularity afterwards committed by him; but all persons aggrieved \nby such irregularity may recover full satisfacti on for the special damage in any Court of \ncompetent jurisdiction.",
"footnote": "",
"is_definition": false,
"sort_order": 584
},
{
"number": "248",
"title": "Section 248. If through any act, neglect or default, on account whereof any person shall have",
"chapter": null,
"content": "incurred any penal ty imposed by or under this Act, any dama ge to the property of a \nmunicipality shall have been committed by such person, he shall be liable to make good \nsuch damage as well as to pay such penalty and the amount of damage shall, in case of \ndispute, be determined by the Magistrate by whom the person incurring such penalty is \nconvicted; and on non-payment of such damage on demand the same shall be levied by \ndistress, and such Magistrate shall issue his warrant accordingly.",
"footnote": "",
"is_definition": false,
"sort_order": 585
},
{
"number": "249",
"title": "Section 249. In lieu of any process of recovery allowed by or under this Act or in case of failure",
"chapter": null,
"content": "to realise by such process the whole or any part of any amount recoverable under the \nprovisions of Chapter IX, or of any compensation, expenses, charges or damages \npayable under this Act. it shall be lawful for a municipality to sue in any Court of \ncompetent jurisdiction the person liable to pay the same.",
"footnote": "",
"is_definition": false,
"sort_order": 586
},
{
"number": "250",
"title": "Section 250. (1) A municipality may sue in any Court of competent jurisdiction any person",
"chapter": null,
"content": "who may have in any way caused or may appear likely to cause any injury to any \nproperty rights or privileges of the municipality. \n \n(2) A municipality may compound or compromise in respect of any s uit \ninstituted by or against it, or, in respect of any claim or demand arising out of \nany contract entered into by it under this Act, for such sum of money or other \ncompensation as it shall deem sufficient: \n \nProvided that, if any sanction in the making of any contract is required \nby this Act, the like previous sanction shall be obtained for comp ounding or \nJurisdication of \nMagistrate; \nrecovery of \ncompensation and \nexpenses. \nDistress lawful \nthrough defective in \nform. \nDamage to \nmunicipal property \nhow made good. \nAlternative \nprocedure by suit. \nPower to sue, \ncompromise and \npay compensation. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \ncompromising any claim or demand arising out of such contract: \n \nProvided further that if any such suit is in respect of land leased or sold \nunder sub-section (1) of section 146 or in respect of any immoveable property \nsold or leased for a term exceeding ten years or otherwise transferred, it shall not \nbe lawful for the municipality to compound or compromise in respect of the suit \nexcept with the previous sanction of the State Government. \n \n(3) A municipality may make compensation out of the munic ipal fund to any \nperson sustaining any damage by reason of the exercise of any, of the powers \nvested in it. its committees, officers and servants under this Act. \n \n(4) The municipal fund shall be liable to pay the expenses of any civil \nproceeding prosecuted or defended on its behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 587
},
{
"number": "251",
"title": "Section 251. For the purpose of the recovery of any amount due on account of rent from any",
"chapter": null,
"content": "person to a municipality in respect of any land vested in or otherwise held by such \nmunicipality, the municipality shall be deemed to be a superior holder and every such \nperson an inferior holder of such land, within the meaning of sections 86 and 87 of the \nLand Revenue Code, and the municipality as superior holder shall be entitled, for the \nrecovery of every such amount, to all the assistance to which under the said sections a \nsuperior holder is entitled for the recovery of rent or land revenue payable to him by an \ninterior holder.",
"footnote": "",
"is_definition": false,
"sort_order": 588
},
{
"number": "252",
"title": "Section 252. No suit shall lie in respect of anything in good faith done or intended to be done",
"chapter": null,
"content": "under this Act against any municipality or against any committee constituted under this \nAct or against any councillor, officer or servant of a mun icipality or against any person \nacting under and in accordance with the directions of any such municipality, committee, \nofficer or servant or of a magistrate.",
"footnote": "",
"is_definition": false,
"sort_order": 589
},
{
"number": "253",
"title": "Section 253. (1) No suit shall lie against a municipality or against any officer or servant of",
"chapter": null,
"content": "municipality in respect of any act done in pursuance or executio n or intended \nexecution of this Act, or in respect of any alleged neglect or defa ult in the \nexecution of this Act- \n \n(a) unless it is instituted within six months next after the accrual of the \ncause of action; and \n \n(b) until the expiration of one month after notice in writing has been, in \nthe case of a municipality, delivered or left at the municipal office and in \nthe case of an officer or servant of a municipality, delivered to him or left \nat his office or place of abode; and all such notices shall state with \nreasonable particularity, the cause of action and the name and place of \nabode of the intending plaintiff and of his advocate, pleader or agent, if \nany, for the purpose of the suit. \n \n(2) At the trial of any such suit,- \n \n(a) the plaintiff shall not be permitted to adduce evidence relating to any \ncause of action save such as is set for th in the notice delivered or left by \nhim as aforesaid; \n \n(b) if the suit be for damages and if tender of sufficient amends shall \nhave been made before the action was brought the plaintiff shall not \nrecover more than the amount so tendered and shall pay all costs \nincurred by the defendant after such tender. \n \n(3) If the defendant in any such suit is an officer or servant of a municipality \npayment of any sum or part thereof payable by him or in consequence of the suit \nmay, with the sanction of the executive co mmittee be made from the municipal \nfund. \nAssistance for the \nrecovery of rent on \nland. \nBar of suits against \nmunicipality, its \noffices, servants, \netc. for acts done in \ngood faith. \nLimitation of suit \nagainst \nmunicipality, its \nofficers and \nservants for acts \ndone in pursuance \nof execution of this \nAct. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n131 of 158",
"footnote": "",
"is_definition": false,
"sort_order": 590
},
{
"number": "254",
"title": "Section 254. When any person who is or had been a president or vice-president or councillor of a",
"chapter": null,
"content": "municipality is accused of any offence a lleged to have been committed by him while \nacting or purporting to act in the discharge of his official duty, no court shall take \ncognizance of such offence except with the previous sanction of the State Government or \nany officer authorised by the State Government in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 591
},
{
"number": "255",
"title": "Section 255. (1) Any Police-officer may arrest any person committing in his view any offence",
"chapter": null,
"content": "against any of the provisions of this Act or of any bye -law thereunder, if the \nname and address of such person is unk nown to him, and if he declines to give \nhis name and address or if the Police officer has reason to doubt the accuracy of \nsuch name and address if given; and such person may be detained at a police \nstation until his name and address has been correctly ascertained: \n \nProvided that no person arrested shall be detained without the order of a \nMagistrate longer than shall be necessary for bringing him before Magistrate, or \nthan twenty-four hours at the utmost. \n \n(2) It shall also be the duty of all Police officers to give immediate information \nto the municipality of the commission of any offence against the provisions of \nthis Act or of any bye -law thereunder and to assist all municipal officers and \nservants in the exercise of their lawful authority. \n \nCHAPTER XV. \nPROVISIONS RELATING TO SERVICES.",
"footnote": "",
"is_definition": false,
"sort_order": 592
},
{
"number": "256",
"title": "Section 256. (1) For the purpose of enabling the municipalities to discharge their",
"chapter": null,
"content": "functions and duties under this Act, it shall be lawful for the State Governme nt \nto direct by a general or special order that such number of officers of the All \nIndia Service and of officers of the State Service except officers of class IV \nService shall be posted under such municipality and for such period and subject \nto such condit ions as may be specified in the order and accordingly the officers \nspecified in the order shall be posted under such municipality. \n \n(2) The pay and allowances of an officer posted in accordance with sub section \n(1) shall, during the period of posting, be paid by the municipality from its fund. \n \nCHAPTER XVI. \nCONTROL.",
"footnote": "",
"is_definition": false,
"sort_order": 593
},
{
"number": "257",
"title": "Section 257. (1) The 70[Director], Collector or any officer of Government authorized by the",
"chapter": null,
"content": "State Government by a general or special order shall have powers- \n \n(a) to enter on and inspect, or cause to be entered on and inspected, any \nimmovable property occupied by any municipality or any institution \nunder its control or management or any work in progress under it or \nunder its direction; \n \n(b) to call for or inspect an y extract from any municipality's or any \ncommittee's proceedings and any book or documents in the possession of \nor under the control of a municipality. \n \n(2) The Collector shall have power- \n \n(a) to call for any return, statement, account, report or record w hich he \nmay think fit to require such municipality to furnish; \n \n(b) to require a municipality to take into its consideration any objection \nwhich appears to him to exist to the doing of anything which is about to \nbe done or is being done by or on behalf of such municipality or any \nPrevious sanction \nfor prosecution \nagainst president or \nVice-President or \ncouncillor. \nPowers of Police \nofficers. \nPosting under \nmuncipalities of \nofficers and \nservants in State \nService. \nPower of inspection \nand supervision. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \ninformation which he is able to furnish and which appears to him to \nnecessitate the doing of a certain thing by the municipality, and to make \na written reply to him within a reasonable time stating its reasons for not \ndesisting from doing, or for not doing, such thing. \n \n71[(3) The Collector may delegate any power exercisable by him under this \nsection to any Deputy or Assistant Collector subordinate to him.]",
"footnote": "",
"is_definition": false,
"sort_order": 594
},
{
"number": "258",
"title": "Section 258. (1) If, in the opinion of the Collector, the execution of any order or resolution of",
"chapter": null,
"content": "a municipality, or the doing of anything which is about to be done or is being \ndone by or on behalf of a municipality, is causing or is likely to cause injury or \nannoyance to the public or to lead to a breach of the peace or is unlawful, he may \nby order in writing under his signature suspend the execution or prohibit the \ndoing thereof and where the execution of any work in pursuance of the order or \nresolution of the m unicipality is already commenced or completed direct the \nmunicipality to restore the position in which it was before the commencement of \nthe work. \n \n(2) When the Collector makes any order under this section he shall forthwith \nforward to the municipality affected thereby a copy of the order with a statement \nof the reasons for making it and also submit a report to the State Government \nalongwith copies of such order and statement. \n \n(3) Against the order made by the Collector under sub -section (1) the \nmunicipality may prefer an appeal to the State Government within 72[thirty days] \nfrom the date on which it receives a copy of the order. The State Government \nmay on such appeal being preferred rescind the order or may revise or modify or \nconfirm the order or direct that the order shall continue to be in force, with or \nwithout modification, permanently or for such period as it may specify: \n \nProvided that the order shall not be revised, modified or confirmed by \nthe State Government without giving the municipality reaso nable opportunity of \nshowing cause against the order.",
"footnote": "",
"is_definition": false,
"sort_order": 595
},
{
"number": "259",
"title": "Section 259. (1) In cases of emergency the Collector may provide for the execution of any",
"chapter": null,
"content": "work, or the doing of any act, which may be executed or done b y or on behalf of \na municipality and the immediate execution or doing of which is, in his opinion, \nnecessary for the health or safety of the public; and may direct that the \nreasonable expense of executing the work or doing the act, with a reasonable \nremuneration to the person appointed to execute or do it, shall be forthwith paid \nby the municipality. \n \n(2) If the expense and remuneration are not so paid, the Collector may make an \norder directing any person, who for the time being has custody of any moneys on \nbehalf of the municipality, as its officer, treasurer, banker or otherwise, to pay \nsuch expense and remuneration from such moneys as he may have in his hands \nor may from time to time receive, and such person shall be bound to obey such \norder. \n \n(3) The provisions of sub-sections (2) and (3) of section 258 shall apply, so far as \nmay be, to any order made under this section.",
"footnote": "",
"is_definition": false,
"sort_order": 596
},
{
"number": "260",
"title": "Section 260. If in the opinion of the 73[Director] the number of persons who are employed by a",
"chapter": null,
"content": "municipality as officers or servants, or whom a municipality proposes to employ or the \n74[remuneration] assigned by the municipality to those persons or to any particular \nperson is excessive the municipality shall, on the requirement of the 73[Director] reduce \nthe number of the said persons or the 74[remuneration] of the said person or persons: \n \nProvided that the municipality may appeal against any such requirement to the \nState Government whose decision shall be conclusive. \n \nPowers of Collector \nto suspend \nexecution of orders, \netc. of \nmunicipalities. \nExtraordinary \npowers of Collector \nin case of \nemergency. \nPower of \n73[Director] to \nprevent \nextravagance in the \nemployment of \nestablishment. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n133 of 158",
"footnote": "",
"is_definition": false,
"sort_order": 597
},
{
"number": "261",
"title": "Section 261. (1) The State Government may after giving the municipality an opportunity of",
"chapter": null,
"content": "being heard order an inquiry to be held by any officer appointed by it in this \nbehalf into any matters concerning the mu nicipal administration of any \nmunicipal borough or any matters with respect to which its sanction, approval or \nconsent is required under this Act. \n \n \n(2) The officer holding such inquiry shall for the purposes thereof have the \npowers which are ve sted in a Court under the Code of Civil Procedure, 1908 in \nrespect of the following matters: — \n \n(a) discovery and inspection, \n \n(b) enforcing the attendance of witnesses, and requiring the deposits of \ntheir expenses, \n \n(c) compelling the production of documents, \n \n(d) examining witnesses on oath, \n \n(e) granting adjournments, \n \n(f) reception of evidence taken on affidavit, and \n \n(g) issuing commission for the examination of witnesses; \n \nand may summon and examine suo motu any person whose evidence \nappears to him to be material; and shall be deemed to be Civil Court within the \nmeaning of sections 480 and 482 of the Code of Criminal Procedure, 1898. \n \nExplanation. — For the purpose of enforcing the attendance of witnesses \nthe local limits of such officer's j urisdiction shall be the limits of the State of \nGujarat. \n \n(3) The reasonable expenses incurred by any person in attending to give \nevidence may be allowed by the officer holding the inquiry to such person and \nshall be deemed to be part of the costs. \n \n(4) Costs shall be in the discretion of the State Government and the State \nGovernment shall have full power to determine by and to whom and to what \nextent such costs are to be paid, and to allow interest on costs at a rate not \nexceeding 6 percent per annum; and such costs and interest shall be leviable as \nan arrear of land revenue.",
"footnote": "",
"is_definition": false,
"sort_order": 598
},
{
"number": "262",
"title": "Section 262. (1) When the State Government is informed, on complaint made or otherwise,",
"chapter": null,
"content": "that default, has been made in the performance of any duty imposed on a \nmunicipality by or under this Act or by or under an enactment for the time being \nin force, the State Government, if satisfied after due inquiry that the alleged \ndefult has been made, may direct the 75[Director] to fix a period for the \nperformance of that duty. \n \n(2) If that duty is not performed within the period so fixed, the 75[Director] may \nappoint some person to perform it, and may direct that the expense of performing \nit, with a reasonable remuneration to the person appointed to perform it, shall be \nforthwith paid by the municipality. \n \n(3) If the expense and remuneration are not so paid, the 75[Director] may make an \norder directing the bank in which any moneys of the municipality are deposited \nor the person in charge of the Government Treasury or of any other place of \nsecurity in which the moneys of the municipality are deposited to pay such \nexpense and remuneration from such moneys as may be standing to the credit of \nInquiry into \nmunicipal matters \nby State \nGovernment. \nV of 1908. \nV of 1898. \nPower of State \nGovernment to \nprovide for \nperformance of \nduties on default by \nmuniciplity. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nthe municipality in such bank or may be in the hands of such person or as may \nfrom time to time be received from or on behalf of the municipality by way of \ndeposit by such bank or person; and such bank or person shall be bound to obey \nsuch order. Every payment made pursuant to such or der shall be a sufficient \ndischarge to such bank or person from all liability to the municipality in respect \nof any sum or sums so paid by it or him out of the moneys of the municipality so \ndeposited with such bank or person.",
"footnote": "",
"is_definition": false,
"sort_order": 599
},
{
"number": "263",
"title": "Section 263. (1) If, in the opinion of the State Government, a municipality is not competent to",
"chapter": null,
"content": "perform, or deliberately makes default in the performance of the duties imposed \non it by or under this Act, or otherwise by law or exceeds or abuses its powers, \nthe State Government may, after giving the municipality an opportunity to render \nan explanation, by an order published, with the reasons therefore, in the Official \nGazette declare the municipality to be incompetent or in default, or to have \nexceeded or abused its powers, as the case may be, and may dissolve such \nmunicipality 76 * * * * *. \n \n77 * * * * * \n \n (2) When the municipality is so dissolved 78 * * * * *, the following \nconsequences shall ensue : - \n \n(a) all councillors of the municipality shall 79 * * * * in the case of \ndissolution as from the date specified in the order of dissolution, vacate \ntheir offices as such councillors ; \n \n(b) all powers and duties of the municipality shall, during the period of \ndissolution 80 * * * * be exercised and performed by such officer as the \n81[Director] from time to time appoints in this behalf; \n \n82 * * * * * \n \n83[(3) (a) An election to constitute a municipality shall be completed \nbefore the expiration of a period of six months from the date of its \ndissolution: \n \nProvided that where the remainder of the period for which the \ndissolved municipality would have continued is less than six months, it \nshall not be neces sary to hold any election under this clause for \nconstituting the municipality for such period; \n \n(b) A municipality constituted upon the dissolution of municipality be fore the \nexpiration of its duration shall continue only for the reminder of the period for \nwhich the dissolved municipality would have continued had it not been so \ndissolved.] \n \n84 * * * * * \n \nExplanation.-If for any reason the number of vacancies in a municipality \nexceeds two-thirds of the total number of seats the municipality shall be deemed \nto be not competent to perform the duties imposed on it by or under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 600
},
{
"number": "263A",
"title": "Section 263A. [Power of State Government to appoint officer to exercise and perform the duties",
"chapter": null,
"content": "of municipality when elections cannot be held for reconstituting it.] \n \nThis section which was inserted by Guj. 2 of 1983, s. 2. was subsequently deleted by Guj. \n17 of 1993, s. 21.",
"footnote": "",
"is_definition": false,
"sort_order": 601
},
{
"number": "264",
"title": "Section 264. In all matters, connected with this Act, the State Government, and Collectors shall,",
"chapter": null,
"content": "respectively, have and exercise the same authority and control over Collectors and their \nsubordinates as in matters of general and revenue administration. \nPower of State \nGovernment to \ndissolve or \nsupersede \nmunicipality in case \nof incompetency, \ndefault or abuse of \npower. \nConsequences of \ndissolution .78 \n*****. \nConstitution of \nMunicipality after \ndissolution. \nPowers of State \nGovernment over \nCollectors, etc. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n135 of 158 \n \n85[CHAPTER XVIA. \nNOTIFIED AREAS. \n \n86[264A. For the purpose of this Chapter, notified area means an urban area or part \nthereof specified to be an industrial township area under the proviso to clause (1) of \narticle 243 Q of the Constitution of India.]",
"footnote": "",
"is_definition": false,
"sort_order": 602
},
{
"number": "264B",
"title": "Section 264B. (1) The State Government may, by notification in the Official Gazette, -",
"chapter": null,
"content": "(a) apply or adapt to any notified area the provisions of any section of \nthis Act, or part of any such section, or of any rules in force or which can \nbe imposed in any municipal borough under the provisions, of this Act, \nsubject to such restrictions and modifications, if any, as it may think fit; \n \n(b) impose in any such area any tax, which might be imposed therein \nunder the provisions of this Act if the said area were a municipal \nborough; \n \n(c) appoint a person or a committee for the purposes of the assessment \nand recovery of any tax imposed under clause (b), and in order to arrange \nfor the due expenditure of the proceeds of such taxes, and for the \npreparation and maintenance of proper accounts, and generally for \nenforcing the provisions of any section or rules applied or adapted under \nclause (a). \n \n(2) The proceeds of any tax levied in any notified area under this section shall be \nexpended only in such manner in which, if the notified area were a municipal \nborough, the municipal fund thereof might be expended.",
"footnote": "",
"is_definition": false,
"sort_order": 603
},
{
"number": "264C",
"title": "Section 264C. For the purposes of any section of this Act which may be applied to a notified",
"chapter": null,
"content": "area, the person or committee appointed for such area under section 264B shall be \ndeemed to be a Municipality under this Act, and the area shall be deemed to be a \nmunicipal borough.",
"footnote": "",
"is_definition": false,
"sort_order": 604
},
{
"number": "264D",
"title": "Section 264D. [Preliminaries to notification.] Deleted by Guj. 17 of 1993, s.23.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 605
},
{
"number": "264E",
"title": "Section 264E. 87[(1) When any area ceases to be a notified area, the property (including arrears",
"chapter": null,
"content": "of taxes) and rights which, prior to such cessation, vested in the per sons or \ncommittee appointed for such area under clause (c) of sub-section (1) of section \n264B shall, subject to all charges and liabilities effecting the same, v est in the \nmunicipality, if any, constituted for su ch area or within the limits of which such \narea is included or if there be no such municipality, in the State Government.] \n \n88[(2) Any arrears of taxes vesting in a municipality under sub -section (1) shall \nbe recoverable under the provisions of this Act as if the taxes were imposed and \nrecovered under this Act: \n \nProvided that ste ps to recover such arrears of taxes shall be initiated \nwithin a period of three years from the date on which they so vest in the \nmunicipality.] \n \n(3) Where any property and rights vest in the State Government under subsection \n(1) the proceeds thereof shall, after satisfying all charges and liabilities affecting \nthe same be applied for the benefit of the inhabitants of the said area in such \nmanner as the State Government may think fit. \n \nCHAPTER XVII. \nSPECIAL PROVISIONS APPLICABLE WHEN MUNICIPAL BOROUGH \nLIMITS ARE ALTERED OR MUNICIPAL BOROUGH ARE AMALGAMATED \nNotified areas. \nPower of State \nGovernment to \nimpose taxation and \nregulate \nexpenditure of the \nproceed thereof. \nApplication of Act \nto notified area. \nVesting, recovery \nand application of \nproperty, rights and \nliabilities of persons \nor committees \nappointed for areas \nceasing to be \nnotified area. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nWITH OTHER LOCAL AUTHORITIES OR SPLIT UP INTO DIFFERENT \nLOCAL AUTHORITIES.",
"footnote": "",
"is_definition": false,
"sort_order": 606
},
{
"number": "265",
"title": "Section 265. In this Chapter, unless the context otherwise requires,-",
"chapter": null,
"content": "(a) \"appointed day\" means the day from which a change referred to in any of the \nclauses (a) to (d) of sub-section (1) of section 266 takes effect; \n \n(b) \"existing local authority\", in relation to any local area, means the munici -\npality or the panchayat; \n \n (c) \"successor local authority\", in relation to any local area, means the \nmunicipality or the panchayat; \n \n(d) \"the panchayat\" means a gram 89* * * panchayat established or deemed to be \nestablished under the Gujarat Panchayats Act, 1961.",
"footnote": "",
"is_definition": false,
"sort_order": 607
},
{
"number": "266",
"title": "Section 266. (1) When-",
"chapter": null,
"content": "(a) any local area is added to a municipal borough; \n \n(b) any local area is excluded from a municipal borough; \n \n(c) two or more municipal boroughs are amalgamated into one municipal \nborough; or \n \n(d) a municipal borough is split up into two or more municipal boroughs, \nthe State Government may, notwithstanding anything contained in this \nAct or any other law for the time bei ng in force, by an order published in \nthe Official Gazelle, provide for all or any of the following matters, \nnamely :- \n \n90[(i) in a case falling under clause (a), the election of the \ncouncillors for the additional area shall be held within a period of \nsix months from the appointed day in accordance with the \nprovisions of the Act. The duration of such Councillors shall be \nfor the remainder duration of municipality to which new area is \nadded;] \n \n(ii) in a case falling under clause (b), the removal of the \ncouncillors, who in the opinion of the State Government \nrepresent the area excluded from the municipal borough; \n \n91[(iii) in a case falling under clause s (c) and (d), the \nmunicipalities shall stand dissolved on the appointed day and the \nmunicipality shall be re constituted within a period of six months \nfrom the appointed day in accordance with the provisions of this \nAct. The duration of such reconstituted municipality and the \ncouncillors shall be same as provided in section 8 of this Act;] \n \n92[ * * * * * * * * * * * * *] \n \n(vi) the transfer, in whole or in part, of the assets, rights and \nliabilities of an existing local authority (including the rights and \nliabilities under any contract made by it) to any successor local \nauthorities 93[ * * * * *] and the terms and conditions for such \ntransfer ; \n \n(vii) the substitution of any such transferee for an existing local \nauthority or the addition of any such transferee, as a party to any \nlegal proceeding to which an existing local authority is a party; \nand the transfer of an y proceedings pending before the existing \nInterpretation. \nGuj. VI of 1962. \nPower of State \nGovernment to \nmake suitable \nprovisions by order \nwhen a municipal \nborough altered. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n137 of 158 \nlocal authority or any authority or officer subordinate to it to any \nsuch transferee or any authority or officer subordinate to it; \n \n(viii) the transfer or re -employment of any employees of an \nexisting local author ity to, or by, any such transferee or the \ntermination of services of any employees of an existing local \nauthority and the terms and conditions applicable to such \nemployees after such transfer or re-employment or termination; \n \n(ix) the continuance within the area of an existing local authority \nof all or any appointments, notification, notices, taxes, orders, \nschemes, licences, permission, rules, bye -laws, or forms made, \nissued, imposed or granted by or in respect of, such existing local \nauthority and in forc e within its area immediately before the \nappointed day, until superseded or modified; \n \n(x) the extension and commencement of all or any appointments, \nnotifications, notices, taxes, orders, schemes, licences, \npermissions, rules, bye -laws or forms, made, is sued, imposed or \ngranted under this Act by or in respect of, any existing \nmunicipality and in force within its area immediately before the \nappointed day, to and in all or any of the other areas of the \nsuccessor borough municipality, in supersession of \ncorresponding appointments, notifications, notices, taxes, or ders, \nschemes, licences, permissions, rules, bye -laws or forms (if any) \nin force in such other areas immediately before the appointed \nday, until the matters so ex tended and brought into force are \nfurther superseded or modified under this Act; \n \n(xi) the continuance within the area of an existing local authority \nof all or any budget estimates, assessments, assessment lists, \nvaluations, measurements or di visions made or authenticated by, \nor in respect of, such existing local authority and in force within \nits area immediately before the appointed day, until superseded \nor modified; \n \n(xii) the removal of any difficulty which may arise on account of \nany change referred to in clauses (a) to (d). \n \n(2) Where an order is made under this section transferring the assets, rights and \nliabilities of an existing local authority, then, by virtue of that order, such assets, \nrights and liabilities of the existing local authority shall vest in and be the assets, \nrights and liabilities of, the transferee. \n \n94[ *** *** *** \n \n95[CHAPTER XVIIA. \nSPECIAL PROVISIONS FOR CONVERSION OF GRAM 96[ * * *] \nPANCHAYATS INTO MUNICIPALITIES.",
"footnote": "",
"is_definition": false,
"sort_order": 608
},
{
"number": "266A",
"title": "Section 266A. For the purposes of this Chapter, unless the context otherwise requires-",
"chapter": null,
"content": "(a) \"gram\" means a gram formed or an area deemed to be a gram, under the \nPanchayats Act; \n \n(b) \"gram panchayat\" means a gram panchayat constituted or deemed to be \nconstituted for a gram and includes a person or persons appointed to exercise the \npowers and per form the functions of a gram panchayat under the Panchayats \nAct; \n \n97* * * * * * * * * * \nInterpretation. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n \n (f) \"Panchayats Act\" means the Gujarat Panchayats Act, 1961.",
"footnote": "",
"is_definition": false,
"sort_order": 609
},
{
"number": "266B",
"title": "Section 266B. 99[Where an area comprised in a gram is spec ified as a transitional area or, as the",
"chapter": null,
"content": "case may be, a small urban area, under clause (2) of article 243Q of the Constitution of \nIndia, then with effect from the date on which such area is so specified, the following \nconsequences shall ensue that is to say; \n \n(a) the panchayat functioning in the local area shall stand dissolved and the \nSarpanch and the Upasarpanch or, as the case may be, the Chairman and the \nVice-Chairman and all other members of such panchayat shall vacate their \noffices ; \n \n(b) (i) the member elected by the gram panchayat of the gram shall cease to \nbe the member of the Nyaya Panchayat constituted for a group of grams \nand the said Nyaya Panchayat shall continue to function in respect of the \ngroup of grams excl uding the local area unless the number of grams re - \nmaining in the group is rendered less than three ; \n \n(ii) the Nyaya Panchayat of the dissolved nagar panchayat shall stand \ndissolved and all members thereof shall vacate their offices ; \n \n(iii) the concilli ation panch of the dissolved panchayat shall cease to \nexist; \n \n100 * * * * * * * \n \n101[(d) the State Government shall appoint an officer as an administrator to \nexercise the powers and perform the duties and functions of municipality for \nsuch area until a municipality is constituted for such area under this Act; \n \n(dd) the municipality shall be reconstituted within a period of six months from \nthe said date in accordance with the provisions of this Act. The duration of such \nreconstituted municipality and t he Councillors sh all be the same as provided in \nsection 8 of this Act;] \n \n(e) the unexpended balance of the gram fund 102 * * * and property including \narrears of rates, taxes, and fees, belonging to the dissolved panchayat, and all \nrights and powers, which prior to the said date, vested in the panchayat shall \nsubject to all charges and liabilities affecting the same, vest in the admin istrator \nor administrators on behalf of the 103 * * * municipality until a munici pality is \nconstituted and on constitution of a municipality in such municipality; \n \n(f) (i) any appointment, notification, notice, order, scheme, licence, \npermission, rule, bye -law or form made, issued or granted or deemed to \nhave been made, issued or granted under the Panchayats Act, \nimmediately be fore the said date in respect of the local area shall \ncontinue in force and be deemed to have been made, issued or granted in \nrespect of the municipal borough, until it is superseded or modified by \nany other appointment, notification, notice, order, scheme , licence, \npermission, rule, bye-law or form made, issued or granted under this Act; \n \n(ii) any tax, fee or cess (not being cess levied under section 181 of the \nPanchayats Act) which immediately before the said date were being \nlevied by the State Government or by the dissolved panchayat in the \nlocal area shall continue to be levied in the municipal borough until it is \nsuperseded or modified by any other tax, fee or cess levied under this \nAct; \n \n (iii) any tax, fee or cess which immediately bef ore the said date were \nbeing levied by a taluka panchayat or a district panchayat or the cess \nGuj. VI of 1962. \nEffect of \nconversion of \n98[gram] panchayat \ninto municipality. \nBom. I of 1904. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n139 of 158 \nwhich before the said date was being levied by the State Government \nunder section 181 of the Panchayats Act in the local area shall cease to \nbe so levied in the m unicipal borough after the end of the financial year \nin which the said date occurs except that as respects arrears of such tax, \nfee or cess at the end of the financial year, the provisions of section 7 of \nthe Bombay General Clauses Act, 1904 shall apply as if the Panchayats \nAct had then been repealed by a Gujarat Act, in so far as the local area is \nconcerned; \n \n(g) all budget estimates, assessments, assessment lists, valuation or \nmeasurements made or authenticated under the Panchayats Act immedi ately \nbefore the said date in respect of the local area shall be deemed to have been \nmade or authenticated under this Act; \n \n(h) all debts and obligations incurred and all contracts made by or on behalf of \nthe dissolved panchayat immediately before the said date and su bsisting on that \ndate shall be deemed to have been incurred and made by the 104 * * * \nmunicipality until a municipality is constituted and on constitution of a \nmunicipality by such municipality in exercise of the powers conferred on it by or \nunder this Act; \n \n(i) all officers and servants in the employ of the dissolved panchayat \nimmediately before the said date shall be officers and servants of the 105 * * * \nmunicipality until a municipality is constituted and on constitution of a \nmunicipality, of such municipality under this Act, and shall, until other provision \nis made in accordance with this Act, receive salaries and al lowances and be \nsubject to the conditions of service to which they were entitled or subject on the \nsaid date : \n \nProvided that it shall be competent to 106* * * * * * the municipality \nsubject however to the previous sanction of the State Government, to discontinue \nthe services of any officer or servant who, in its opinion, is not necessary or \nsuitable to the requirements of the service of th e interim municipality or, as the \ncase may be, the municipality after giving such officer or servant such notice as \nis required to be given by the terms of his employment and every officer or \nservant whose services are discontinued shall be entitled to suc h leave, pension, \nprovident fund and gratuity as he would have been entitled to take or receive on \nbeing invalided out of service as if the panchayat in the employ of which he was, \nhad not ceased to exist; \n \n(j) all proceedings pending at the said date befo re the dissolved panchayat shall \nbe deemed to be transferred to, and continued by the interim municipality until a \nmunicipality is constituted and on constitution of a municipality such \nmunicipality; \n \n(k) all appeals pending at the said date before the dis solved panchayat shall, so \nfar as may be practicable, be disposed of as if the local area had been the \nmunicipal borough when they were tiled; \n \n(l) all prosecutions instituted by or on behalf of the dissolved panchayat and all \nsuits or other legal proceedi ngs instituted by or against such panchayat or any \nofficer of the dissolved panchayat pending at the said date shall be contin ued by \nor against the interim municipality until a municipality is constituted and on \nconstitution of a municipality by or agains t such municipality as if the local area \nhad been the municipal borough when such prosecutions, suits or proceed ings \nwere instituted; \n \n(m) (i) the provisions of sub -sections (2) and (3) of section 282 of the \nPanchayats Act shall be deemed to apply in resp ect of any suits or cases \npending before the dissolved Nyaya Panchayat or, as the case may be, \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nbefore the Nyaya Panchayat continuing to function under sub -clause (i) \nof clause (b), in so far as such suits and cases relate to the area comprised \nin the gram, as if the District or Sessions Court, as the case may be, had \npassed an order under sub -section (1) of the said section 282 quashing \nsuch suits or cases: and \n \n(ii) all pending proceedings and applications for the execution of decrees \nor orders in suits and for the recovery of fines and compensation in cases \nshall be transferred to the Court of the Civil Judge of the lowest grade or \nthe Court of the Magistrate, as the case may be, who would have had \njurisdiction to try the suit or cases if the Nyaya Panch ayat had not been \nconstituted and such Civil Court or the Court of Magistrate, as the case \nmay be, shall deal with the proceedings or applications as if the suit or \ncase out of which the proceedings or applications arose, had been heard \nand decided by such Civil Court or the Court of such Magistrate; \n \n(n) any law (other than the Panchayats Act) or any rule, bye -law, notification or \norder issued under such law, which was applicable to and in force in the nagar \nimmediately before the said date shall continue to apply to and to be in force in \nthe municipal borough until it is superseded. \n \n[266 C. Application of section 266B in certain cases. \n \n266 D. Interim municipalities. \n \n266 E. Power to remove difficulties.] Deleted by Guj. 17 of 1993, s 30. \n \nCHAPTER XVIII. \nMISCELLANEOUS PROVISIONS.",
"footnote": "",
"is_definition": false,
"sort_order": 610
},
{
"number": "267",
"title": "Section 267. It shall be lawful for the president, vice -president, chief officer or any officer",
"chapter": null,
"content": "authorised by the chief officer for such purpose, to enter for any purpose of this Act, \nbetween sunrise and su nset, with such assistants as he may deem necessary, into and \nupon any building or land: \n \nProvided that except when herein otherwise provided, no building or land which \nmay be occupied at the time shall be entered unless with the consent of the occupier \nthereof, without twenty-four hours’ written notice thereof having been given to the said \noccupier : \n \nProvided also that in the case of buildings used as human dwellings, due regard \nshall be paid to the social and religious customs of the occupiers.",
"footnote": "",
"is_definition": false,
"sort_order": 611
},
{
"number": "268",
"title": "Section 268. (1) Save as expressly provided in section 26 if an agreement is not arrived at",
"chapter": null,
"content": "with respect to any compensation or damages which are by this Act directed to \nbe paid, the amount and if necessary the apportionment of th e same shall be \nascertained and determined by a panchayat of five persons, of whom two shall be \nappointed by the municipality, two by the party to or from whom such \ncompensation or damages may be payable or recoverable, and one, who shall be \nsarpanch, shall be selected by the members already appointed as above. \n \n(2) If either party or both parties fail to appoint members or if the mem bers fail \nto select a sarpanch within one month from the date of either party receiving \nwritten notice from the other of cla im to such compensation or dam ages, such \nmembers as may be necessary to constitute the panchayat shall be appointed, at \nthe instance of either party, by the District Judge. \n \n (3) In the event or the panchayat not giving a decision within one mo nth from \nthe date of the selection of the sarpanch or of the appointment by the District \nCourt of such members as may be necessary to constitute the panchayat, the \nmatter shall, on application by either party, be determined by the District Court \nEntry for purpose of \nthe Act. \nArbitration in case \nof compensation, \netc. \nI of 1894. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n141 of 158 \nwhich shall in cases in which the compensation is claimed in respect of land, \nfollow as far may be the procedure provided by the Land Acquisition Act, 1894, \nfor proceedings in matters referred for the determination of the Court: \n \nProvided that- \n \n(a) no application to the Collector for a reference shall be necessary, and \n \n(b) the Court shall have full power to give and apportion the costs of all \nproceedings in any manner it thinks fit. \n \n(4) In any case where the compensation is claimed in respect of land and the \npanchayat has given a decision, either party if dissatisfied with the decision, may \nwithin a month of the date thereof apply to the District Court and the matter shall \nbe determined by the District Court in accordance with the provisions of sub -\nsection (3). \n \n(5) In any case where the compensation is claimed in respect of any land or \nbuilding the municipality may after the award has been made by the panchayat \nor the District Court, as the case may be, take possession of the land or building \nafter paying the amount of the compensation determined by the panchayat or the \nDistrict Court to the party to whom such compensation may be payable. If such \nparty refuses to accept such compensation or if there is no person competent to \nalienate the land or building or if there is any dispute as to the title to the \ncompensation or as to the apportionment of it, the municipality shall deposit, the \namount of the compensation in the District Court.",
"footnote": "",
"is_definition": false,
"sort_order": 612
},
{
"number": "269",
"title": "Section 269. If a dispute arises with res pect to any costs or expenses which are by this Act",
"chapter": null,
"content": "directed to be paid, the amount, and if necessary, the apportionment of the same shall, \nsave where it is otherwise expressly provided in this Act, be ascertained and determined \nby the executive committee a nd shall be recoverable in the same manner as an amount \nclaimed on account of any tax recoverable under Chapter IX.",
"footnote": "",
"is_definition": false,
"sort_order": 613
},
{
"number": "270",
"title": "Section 270. (1) Where, on an application from a municipality, the officer authorised in this",
"chapter": null,
"content": "behalf by the State Government is of the opinion that any person who in his \ncapacity as a councillor, officer, or servant of a municipality had, in his cus tody \nany record, money or other property belonging to the municipality is, after his \nretirement, removal or suspension from office, or on his otherwise ceasing to \nhold office, as the case may be, not likely to deliver such record or property or \npay such money, the officer so aut horised may by a written order, require that \nthe record, p roperty or money so detained be delivered or paid to the \nmunicipality forthwith. \n \n(2) If any such person as aforesaid shall not deliver the record or prop erty or pay \nthe money as directed, the officer so authorised may cause him to be \napprehended and may send him with a warrant in such form as may be \nprescribed to be confined in a civil jail till he delivers the record or property or \npays the money : \n \nProvided that no such person shall be so detained in confinement for a \nperiod longer than one calendar month. \n \n(3) It shall be lawful for the officer so authorised- \n \n(a) for recovering any such money to direct that such money be recov -\nered as an arrear of land revenue and no such direction being given such \nmoney shall be recoverable as an arrear of land revenue from such \nperson; \n \n (b) for recovering any such record or property to issue a search war rant \nand to exercise all such powers with respect thereto as may lawfully be \nCosts or expenses \nhow determined \nand recovered. \nPower of authorised \nofficer to recover \nrecord, money or \nother property. \nV of 1898. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nexercised by a Magistrate under the provisions of Chapter VII of the \nCode of Criminal Procedure, 1898. \n \n(4) No action under sub -section (1), (2) or (3) shall be taken unless reasonable \nopportunity has been given to the person concerned to show cause why such \naction should not be taken against him. \n \nExplanation.-In this section \"coun cillor\" includes a president and vice -\npresident of the Municipality and a chairman of any committee thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 614
},
{
"number": "270A",
"title": "Section 270A. [ Powers and duties of municipality not validly constituted to be performed by",
"chapter": null,
"content": "person appointed by Government.] This section which was inser ted by Guj. 4 of 1966, \ns.2 was subsequently deleted by Guj. 17 of 1993, s. 31.",
"footnote": "",
"is_definition": false,
"sort_order": 615
},
{
"number": "271",
"title": "Section 271. municipality shall make rules not inconsistent with this Act and the rules or orders",
"chapter": null,
"content": "made by the State Government under this Act, and may fro m time to time alter or \nrescind them- \n \n(a) regulating the conduct of its business and the delegation of any of its powers \nor duties to any committee or to the chief officer or subject to the provisions of \nsection 54 the powers or duties of any committee to any other committee or to \nthe chief officer and the appointment and constitution of committees under \nsection 55; \n \n(b) prescribing the limitations and restrictions subject to which the Pilgrim \ncommittee shall exercise the powers and perform the duties of t he municipality \nin respect of the Pilgrim Fund; \n \n(c) determining the executive functions to be performed by the president, vice -\nPresident and the Chairman of any committee; \n \n(d) determining the staff of officers and servants to be employed by the \nmunicipality and their powers and duties: \n \n(e) generally for the guidance of its officers and servants in all matters relating to \nthe municipal administration; \n \n(f) fixing the amount and nature of the security to be furnished by any officer or \nservant from whom it may be deemed expedient to require security; \n \n(g) determining subject to the limitat ions imposed by sections 47 and 50 the \nmode and conditions of appointing, punishing, or dismissing any officer or \nservant; and delegating to officers designated in the rules the power to appoint, \nfine, reduce, suspend or dismiss any officer or servant; \n \n(h) regulating the grant of leave to its officers or servants, and fixing the \nremuneration to be paid to the persons, if any, appointed to act for them whilst \non leave; \n \n(i) regulating the period of service of its officers and servants and determining \nthe conditions under which such officers and servants or any of them shall \nreceive pensions, gratuities or compassionate allowances on retirement or \ndischarge from service or on their becoming disabled through the exe cution of \ntheir duty, and the amount of such pensions, gratuities or compassionate \nallowances; and prescribing the conditions under which any gratuities or \ncompassionate allowances may be paid to the surviving relatives of any such \nofficers or servants who se death has been caused through the execution of their \nduty; \n \n(j) authorizing the payment of contributions at such rates and subject to such \nconditions as may be prescribed in such rules, to any pension or provident fund \nMunicipalities to \nmake rules. \nDefining the \nfunctions of the \npresident and \nothers. \nEstablishment. \nGeneral guidance of \nmunicipal servants. \nAmount of security. \nMode of appointing, \netc. municipal \nservants. \nLeave to \nmuniciapal \nservants. \nPensions, etc. \nProvident funds. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n143 of 158 \nwhich may be esta blished by the municipality or, with the approval of the \nmunicipality, by its officers and servants; \n \n(k) enabling such officers or servants who are subscribers to any provident fund \nto exercise the option of joining any pension fund established as aforesa id, either \nretrospectively or prospectively, on such terms and conditions as may be \nspecified in the rules and providing for the manner in which the amount of \ncontributions made to the provident fund by such officers or servants and the \nmunicipality and standing to the credit of such officers or servants on the date on \nwhich the option is exercised shall be dealt with; \n \n(l) prescribing the taxes to be levied in the municipal borough for municipal \npurposes, the circumstances in which exemption will be allowed, 106A[* *\n * * * * * * * *] the limits of the \ncharges or payments to be fixed in lieu of any tax under section 119, the fees to \nbe charged for licences or permissions granted under section 118 and for giving \ncopies and stamping weights and measures; the fees for notices demanding \npayments due on account of any tax and for the issue and execution of warrants \nof distress and the rates to be charged for maintaining any live -stock distrained; \nand the time at which and the mode in which such taxes, charges, payments, fees \nor rates shall be levied or recovered or be payable and the persons authorised to \nreceive payment of the same and the manner in which auctions of moveable and \nimmovable property under section 134 shall be held; \n \n (m) prescribing the conditions subject to which sums due on account of any tax \nor of costs in recovering any tax may be written off as irrecoverable and the \nconditions subject to which the whole or part of any fee chargeable for distress \nmay be remitted by the executive committee : \n \nProvided that- \n \n(a) no rule or alteration or rescission of a rule made under this section \nshall have effect unless and until it has been approved by the State \nGovernment; \n \n (b) if an officer serving or having served under a municipality has been, \nor is, transferred from or to the service of the Govern ment or is partly \nemployed by th e Government and partly by a municipality, th e \nmunicipality shall make such contributions to his pension and leave \nallowances as may be required by the conditions of his service under the \nGovernment, to be made by him or on his behalf; \n \n (c) a municipali ty shall not, unless with the assent of the Government \ndispense with the services of any officer transferred from the service of \nthe Government to the service of the municipality or employed partly by \nthe Government and partly by the municipality, or final ly dismiss from \nthe service of the municipality any officer transferred from the service of \nthe municipality, to the service of the Government without giving the \nGovernment six months' previous notice.",
"footnote": "",
"is_definition": false,
"sort_order": 616
},
{
"number": "272",
"title": "Section 272. A municipality may, at its discretion, make rules, not inconsistent with this Act and",
"chapter": null,
"content": "the rules or orders made by State Government under this Act, determining the conditions \nunder which gratuities or compassionate allowances may be paid to the surviving \nrelatives of it s officers and servants or any of them who die during service and the \namount of such gratuities or compassionate allowances: \n \nProvided that no rule or alteration or rescission of a rule made under this section \nshall have effect unless and until it has been approved by the State Government.",
"footnote": "",
"is_definition": false,
"sort_order": 617
},
{
"number": "273",
"title": "Section 273. [Rules made with approval of Director or without approval .] Deleted by Guj. 15 of",
"chapter": null,
"content": "1994, s.4. \nPrescribing taxes. \nWriting off \namounts due. \nApproval required \nto rules. \nOfficers transferred \nfrom or to the \nservice of the \nGovernment. \nNotice required in \ncertain cases of \ndismissal. \nDiscretionary \npower to make \nrules. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963",
"footnote": "",
"is_definition": false,
"sort_order": 618
},
{
"number": "274",
"title": "Section 274. (1) Subject to the requirements of clause (a) of the proviso t o section 271 a",
"chapter": null,
"content": "municipality may, except as otherwise provided in clause (b) of the proviso to \nsection 131 at any time for any sufficient reason, suspend, modify or abolish any \nexisting tax by suspending, altering or rescinding any rule prescribing such tax. \n \n(2) The provisions of Chapter VIII relating to the imposition of taxes shall apply \nso far as may be to the suspension, modification or abolition of any tax and to \nthe suspension, alteration or rescission of any rule prescribing a tax.",
"footnote": "",
"is_definition": false,
"sort_order": 619
},
{
"number": "275",
"title": "Section 275. (1) A municipality may from time to time, make, alter or rescind by -laws not",
"chapter": null,
"content": "inconsistent with this Act- \n \n(a) for the regulation and inspection of markets and slaughter houses and \nall places used by or for an imals which are for sale or hire, or the \nproduce of which is sold, and for the proper and cleanly conduct of \nbusiness therein; and for fixing the rents and other charges to be levied \nfor the use of any of them which belong to the municipality, for \nregulating the sale of fruit and vegetables in the municipal market or \nother specified places; \n \n (b) prescribing the conditions on or subject to which and the \ncircumstances in which and the areas or localit ies in respect of which \nlicences may be granted, refused, suspended or withdrawn for the use of \nany place not belonging to the municipality- \n \n(i) as a slaughter-house; \n \n(ii) for the manufacture, preparation, storing, sale or supply for \nthe purpose of trade of any article or thing intended for human \nfood or drink, whether such food or drink is to be consumed in \nsuch place or not; \n \n(iii) for any of the purposes mentioned in sub -section (1) of \nsection 221; and providing for the inspection and regulation of \nthe conduct of business in any place used as aforesaid, so as to \nsecure cleanliness therein or to minimise any injurious, offensive \nor dangerous effect arising or likely to arise therefrom; \n \n(c) prescribing the conditions on or su bject to which and the \ncircumstances in which and the areas or localities in respect of which \nlicences may be granted, refused, suspended or withdrawn for the use of \nwhistles and trumpets operated by steam or mechanical means in \nfactories or other places f or the purpose of summoning or dismissing \nworkmen or persons employed; \n \n(d) prescribing the conditions on or subject to which and the \ncircumstances in which and the areas or localities in respect of which \nlicences may be granted, re fused, suspended or withdrawn for the use of \nany place or building for the purpose of lodging pilgrims, and providing \nlor the inspection and regulation of such places or buildings; \n \n(e) prohibiting the stalling or herding of horses , camels, cattle donkeys, \nsheep or goats otherwise than in accordance with such regulations \nprescribed in such by e-laws in regard to the number thereof, and the \nplaces to be used for the purpose, as may be necessary to prevent danger \nto the public health; \n \n(f) prescribing the conditions on which sweet-meats, milk, butter or other \nmilk products may be sold and on which licences may be granted, \nrefused, suspended, or withdrawn for carrying on the trade or business of \nPower to suspend, \nreduce or abolish \nany existing tax. \nPower to make \nbye-laws. \nMarkets and \nslaughter-houses, \netc. \nLicensing, \nregulating, and \ninspecting certain \nbusinesses. \nUse of steam \nwhistles, etc. \nPilgrims lodging \nhouses. \nStalling of cattle, \netc. \nMilk Shops. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n145 of 158 \na dealer in, or importer or se ller of, sweet -meats, milk, butter or other \nmilk products, or for the use, for purposes of trade, of any place for \nstabling milch cattle, for storing or selling milk, storing or selling butter \nor other milk products; \n \n (g) (i) for the inspection of milch cattle ; and prescribing and \nregulating the construction, dimensions, ventilation, lighting, \ncleansing, drainage and water supply of dairies and cattle -sheds \nin the occupation of persons following the trade of dair y-men or \nmilk-sellers ; \n \n (ii) for securing the cleanliness of milk -stores, milk -shops and \nvessels used by milk-sellers or buttermen for milk or butter; \n \n(h) for the registration of births, deaths, and marriag es within the \nmunicipal borough and for enforcing the supply of such information as \nmay be necessary to make such registration effective ; \n \n(i) regulating the disposal of the dead and the maintenance of all places \nfor t he disposal of the dead in good order and in a sa fe sanitary \ncondition, due regard being had to the religious usages of the community \nor section of the community entitled to the use of such places for the \ndisposal of the dead; \n \n(j) for enforcing the supply of information as to any cases of dangerous \ndisease, and carrying out the provisions of section 214 and 215; \n \n (k) for enforcin g the supply of such information by inhabitants of the \nmunicipal borough as may be necessary to ascertain their respective \nliabilities to any tax imposed therein \n \n \n107[* * * * * * * * * * * ] \n \n (m) for conserving and preventing injury to sources and means of water \nsupply and appliances for the distribution of water whether within or \nwithout the limits of the municipal borough, and regulating all matters \nand things connected with the supply and use of water and the turning on \nor t urning off and preventing the waste of water, and the construction, \nmaintenance, and control of municipal water -works and of pipes and \nfittings in connection therewith whether the prop erty of the municipality \nor not; \n \nExplanation —Sources and means of water supp ly shall include \nprivate wells which are used by the public ; \n \n \n(n) for securing an adequate supply of pure water to persons occupying \nresidential premises; \n \n(o) regulating the use of public bathing and washing places wi thin the \nmunicipal borough , \n \n(p) regulating sanitation and conservancy and the disposal of the \ncarcasses of dead animals , \n \n(q) regulating the conditions on which permission may be given for the \ntemporary o ccupation of, or the erection of temporary structures, on \npublic streets or for projections over public streets , \n \n (r) regulating the structure and dimensions of plinths, walls, \nFor regulation on \ndairies and cattle-\nsheds. \nMilk stores, etc. \nRegistration of \nbirths, etc. \nRegulating the \ndisposal of the \ndead. \nFor enforcing \nsupply of \ninformation as to \nepidemics. \nFor enforcing \nsupply of \ninformation as to \nliability to \nmunicipal taxation. \nFor protecting \nwater. \nSupply of water. \nPublic baths, etc. \nConservancy. \nTemporary \nstructures and \nbuildings. \nBuildings. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nfoundations, roofs and chimneys of new buildings for the purpose o f \nsecuring stability and the prevention of fires, and for purposes of health, \nand determining the purposes for which existing or newly erected \nbuildings may be used in any area; \n \n(s) for preventing the erection of buildings without adequate provis ion \nbeing made for the location and laying out of streets; and for the payment \nof compensation in such cases when necessary ; \n \n \n(t) for ensuring the adequate ventilation of buildings by the provision and \nmaintenance of sufficient open space ei ther internal or external and of \ndoors and windows and other means for securing a free circulation of air; \n \n(u) for requiring an owner of a building divided into two or more \nseparate tenements to provide ad equate means of lighting at night time a \nstaircase, passage or private court of or in any such building or the \nspaces near or leading to latrines or urinals or washing places therein and \nof extinguishing such lights ; \n \n(v) prescribing the qualifications of surveyors or persons by whom plans \nrequired under section 155 are to be prepared, or of plumbers; for \nlicensing persons to be surveyors or plumbers and, fixing the fees \nchargeable for such licences; and for modifying the provisions of or \nrevoking such licences; and prohibiting any alterations or repairs or \nfittings to water or drainage pipes or house connections being carried out \nor made except by such persons : \n \n(w) regulating, in any other particular not specifically provided for in this \nAct, the construction, maintenance and control of drains, sewers, \nventilation, shafts, re ceptacles for dung and manure, cesspools, water \nclosets, privies, latrines, urinals and drainage or sewerage works of every \ndescription whether the property of the municipality or not; \n \n(x) determining the information and plans to be required by t he \nmunicipality under sections 149 and 155 : \n \n(y) prohibiting vehicular traffic in any particular street, so as to prevent \ndanger, obstruction or inconvenience to the public, by fixing up post at \nboth ends of such street or portion of such street, prohibiting the transit \nof any vehicles of such form, construction, weight or size or laden with \nsuch heavy or unweildy objects as may be deemed likely to cause injury \nto the roadways or to any construction thereon, or risk or obstruction to \nother vehicles or to pedestrians along or over any street, except under \nsuch conditions as to time, mode of traction or locomo tion, use of \nappliance for protection of the roadway, number or lights and assis tants, \nand other general precautions as may be prescribed either generally in \nsuch bye-laws or in special licences to be granted in each case upon such \nterms as to time of application and payment of fees therefor as may be \nprescribed in such bye-laws: \n \nProvided that no such by e-laws relating only to any particular \nstreet or portion of a street shall be deemed to be in force, unless and \nuntil notices of such prohibition shall have been posted up by the \nmunicipality in conspicuous places; at or near both ends of such street or \nportion of a street; \n \n(z) securing the protection of public parks, gardens and open spaces, \nvested in or under the contro l of the municipality, from injury or misuse, \nregulating their management and the manner in which they may be used \nby the public, and providing for the proper behaviour of persons in them; \nStreets. \nVentilation. \nFor requiring \nlighting stair-cases, \netc. at night. \nQualified \nsurveyors. \nDrains. \nRequiring \ninformation and \nplans in certain \ncases. \nControlling \nunweildy traffic. \nPublic parks. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n147 of 158 \n \n(aa) prescribing the conditions on or subject to which licences may be \ngranted, refused, suspended or withdrawn for, the use of hand -carts, and \nhand-barrows, other than those plying for the hire in respect of which \nlicences have been granted under the Bombay Public Conveyances Act, \n1920, and providing f or the seizure and detention of any hand -carts or \nhand-barrows which have not been duly licensed in pursuance of the \nbye-laws made under this section; \n \n(bb) prescribing the conditions on or subject to which licences may be \ngranted, refused, suspended or wi thdrawn for hawking or exposing for \nsale in any public place or street any article whatsoever, whether it be for \nhuman consumption or not: \n \n(cc) prescribing the conditions on or subject to which permission may be \ngranted, renewed, refused suspended or with drawn for erecting, \nexhibiting, fixing or retaining any sky -sign or advertisement, over any \nland building or structure; \n \nExplanation.-The expression \"sky -sign\" shall mean any word, \nletter, model, sign, device or representation in the nature of an \nadvertisement, announcement or direction, supported on or attached to \nany post, pole, standard, framework or other support, wholly or in part \nupon or over any land, building, or structure which, or any part of which \nsky-sign, shall be visible -against the sky from some point in any street \nand includes all and every part of any such post, pole, standard, frame -\nwork, or other support. The expression \"sky -sign\" shall also include any \nballoon, parachute or other similar device employed wholly or in part for \nthe purposes of any advertisement, announcement or direction upon or \nover any land, building or structure or upon or over any street, but shall \nnot include- \n \n(a) any flag staff, pole, vane or weather -cock, unless adapted or used \nwholy or in part for the purpose of any advertisement, announcement or \ndirection : \n \n(b) any sign, or board, frame or other contrivance securely fixed to or on \nthe top of the wall or parapet of any building, or on the cornice or \nblocking course of any wall, or to the ridge of a roof: \n \nProvided t hat such board, frame or other contrivance be of one \ncontinuous face and not open work, and do not extend in height more \nthan three feet above any part of the wall, parapet or ridge to, against, or \non which it is fixed or supported; \n \n(c) any word, letter, model, sign, device or representation as aforesaid, \nrelating exclusively to the business of a railway company, and placed \nwholly upon or over any railway, railway station, yard, platform or \nstation approach, belonging to a railway company, and so placed th at it \ncannot fall into any street or public place; \n \n(d) any notice of land or building to be sold or let, placed upon such land \nor building; \n \n(dd) generally for the regulation of all matters relat ing to municipal \nadministration; \n \nand the municipality may with the like sanction, prescribe a fine not exceeding \nfive hundred rupees for every infringement of any such bye-law. \n \n(2) A municipality may, from time to time, with the previous sancti on of the \nBom. VII of 1920. \nGeneral regulation. \nFine may be \nimposed for \ninfringement of \nbye-laws. \n\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \nCentral Government, make, alter or rescind by e-laws but not so as to render \nthem inconsistent with this Act, for the taking of a census within the municipal \nborough and for enforcing the supply of such information as may be necessary to \nmake such census effective. \n \n(3) A municipality shall, before making any by e-law under this section, publish \nin such manner as shall in its opinion be sufficient, for the information of the \npersons likely to be affected thereby, a draft of the proposed by e-law, together, \nwith a notice specifying a date on or after which the draft will be taken into \nconsideration; and shall, before making the by -law, receive and consider any \nobjection or suggestion with respect to the dra ft which may be made in writing \nby any person before the date so specified. \n \n(4) No bye-law, or alteration or rescission of a by e-law made under sub -section \n(1) shall have effect unless and until it has been sanctioned by the State Govern -\nment. \n \n(5) When any by e-law made by a municipality is submitted to the Central \nGovernment or the State Government for sanction, a copy of the notice \npublished and of every objection or suggestion received under the provision of \nsub-section (3), shall be submitted for the information of that Government along \nwith the said bye-law. \n \n(6) Every by e-law, or alteration or rescission of a by e-law made under this \nsection shall as soon as it is sanctioned by the State Government or , as the case \nmay be, the Central Government, be published in such manner as shall in the \nopinion of the Municipality be sufficient, for the information of the persons \nlikely to be affected thereby.",
"footnote": "",
"is_definition": false,
"sort_order": 620
},
{
"number": "276",
"title": "Section 276. The rules and by e-laws for the time being in force shall be kept open to public",
"chapter": null,
"content": "inspection at the municipal office at all reasonable times; printed copies thereof and of \nthis Act in Gujarati and in English shall be kept on sale at cost price.",
"footnote": "",
"is_definition": false,
"sort_order": 621
},
{
"number": "277",
"title": "Section 277. (1) The State Government may, by notification in the Official Gazette, make",
"chapter": null,
"content": "rules for carrying out the purposes of this Act. \n \n(2) In particular and without prejudice to the generality of the foregoing power, \nsuch rules may be made- \n \n(a) for the whole or any part of the State of Gujarat and for all or any \nmunicipality, and \n \n(b) to provide for all matters expressly required or allowed by this Act to \nbe prescribed by rules. \n \n(3) The power to make rules conferred by this section is subject to the condition \nof the rules being made after previous publication. \n \n(4) All rules made under this Act by the State Government shall be laid for not \nless than thirty days before the State Legislature as soon as possible after t hey \nare made, and shall be subject to rescission by the State Legislature or to such \nmodification as the Legislature may make during the session in which they are \nso laid, or the session immediately following. \n \n(5) Any rescission or modification so made by the State Legislature shall be \npublished in the Official Gazelle and shall thereupon take effect.",
"footnote": "",
"is_definition": false,
"sort_order": 622
},
{
"number": "278",
"title": "Section 278. (1) If in respect of any area within the limits of a municipal borough the State",
"chapter": null,
"content": "Government is of opinion tha t the area predominantly consists of unoccupied \nland or land used for agricultural purposes and is mostly unoccupied by houses \nother than farm buildings, it may, after consulting the municipality, by \nnotification in the Official Gazette declare the area to be an agricultural area. The \nPublication of \ndrafts of proposed \nbye-laws. \nObjections and \nsuggestions to be \nsubmitted to \nCentral or State \nGovernment. \nRules and bye-laws \nto be printed and \nsold. \nPower of State \nGovernment to \nmake rules. \nSpecial provisions \nfor agricultural \narea. \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n149 of 158 \ndeclaration shall state the boundaries of the area and the place where the plan of \nthe area may be available for inspection. \n \n(2) On the publication of the declaration, notwithstanding anything contained in this Act, \nthe following consequences shall ensue that is to say- \n \n108[ * * * * * * * *] \n \n(b) in the said area, the municipality shall not be required to make \nprovision for the matters specified in section 87, and none of the taxes \nmentioned in section 99 shall be leviable by the municipality; \n \n(c) section 155 shall not apply to the construction of a farm building. \n \n(3) If at any time after the making of a declaration under sub -section (1), the \nState Government, after such inquiry as it may deem fit, is satisfied that the \nwhole or a part of the agricultural area- \n \n(a) has ceased to be predominantly used for agricultural purposes and is \noccupied by houses, \n \n(b) or is likely to cease to be used for agricultural purposes and to \ndevelop as an urban area, \n \nit may by notific ation direct that the declaration made under sub -section \n(1) shall cease to apply to the whole of the area or such part thereof as may be \nspecified in the notification. On the publication of the notification the provisions \nof sub-section (2) shall cease to apply to the area specified in the notification. \n \nExplanation.-In this section \" farm building \" shall have the meaning \nassigned to it in section 65 of the Land Revenue Code. \n \n109[278A. The State Government may, by notification in the Official Gazette, delegate \nany of its powers, functions or duties under this Act to any of its officers including the \nDirector. ]",
"footnote": "",
"is_definition": false,
"sort_order": 623
},
{
"number": "279",
"title": "Section 279. (1) The Bombay District Municipal Act, 1901 and that Act as adapted",
"chapter": null,
"content": "and applied to the Saurashtra area of the Gujarat State, and the Bombay \nMunicipal Boroughs Act, 1925, and that Act as adapted and applied to the \nSaurashtra area of the Gujarat State and that Act as extended to the Kutch area of \nthe Gujarat State are hereby repealed. \n \n(2) Notwithstanding the repeal of the said Acts — \n \n(i) any local area declared to be either a municipal borough or municipal \ndistrict immediately before the date on which this Act comes into force \n(hereinafter referred to as \" the said date\" ) shall be deemed to be a \nmunicipal borough under this Act; \n \n(ii) the municipalities constituted under the said Acts immediately before \nthe said date (hereinafter called \" the old municipalities\") shall be \ndeemed to be municipalities of the respective boroughs (hereinafter \nrespectively called \" the new municipalities \" and \" the new boroughs\") ; \n \n(iii) the president, vice-president and councillors elected or appointed for \nthe old municipalities and holding office immediately before the said \ndate shall respectively be deemed to be the president, vice -president and \ncouncillors of the new municipalities and subject to the provisions \nrelating to disqualification, resignation, removal and vacancy as provided \nin this Act shall hold office for the following period, that is to say :- \n \nDelegation. \nBom. III of 1901. \nBom. XVIII of",
"footnote": "",
"is_definition": false,
"sort_order": 624
},
{
"number": "1925",
"title": "Section 1925. Repeal.",
"chapter": null,
"content": "[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \n \n(a) in case the term of their office would have expired after the \nsaid date on or before the 110[30th September 1965] under any of \nthe Acts so repealed or under any other law for the time being in \nforce, for such period not exceeding one year from the s aid date \nas the State Government may by general or special order specify. \n \n(b) in any other case, for the period for which they would have \nheld office under any of the Acts so repealed : \n \n111[(iiia) if any municipality constituted under an Act so repealed has \nbeen superseded before the said date under a provision of such Act \ncorresponding to the provision of section 263 of this Act and the period \nof supersession of such municipality as specified under such Act expires \non or after the said date, such superse ssion shall be deemed to have been \nmade under section 263 of this Act, for the period so specified, \nnotwithstanding anything to the contrary contained in that section : \n \nProvided that where such period expires before the 30th \nSeptember, 1965 the State Gove rnment may by order in writing, extend \nit for such period not exceeding one year from the said date as it may \nspecify in the order and any such order may be made so as to have \nretrospective effect.] \n \n(iv) the unexpended balance of the municipal fund and al l the properties \n(including arrears of rates, taxes and fees ) vesting in the old \nmunicipalities shall from the said date vest in the new municipalities and \nsuch arrears of rates, taxes and fees shall be recoverable under the \nprovisions of this Act as if they had been imposed and recoverable under \nthe provisions of this Act; \n \n(v) all debts and obligations incurred and all contracts made by or on \nbehalf of the old municipalities immediately before the said date and \nsubsisting on the said date shall be deemed to have been incurred and \nmade by the new municipalities in exercise of the powers conferred on \nthem by this Act; \n \n(vi) any appointment, notification, notice, tax, fee, order, scheme, \nlicence, permission, rule, by e-law, or form made, issued, imposed, or \ngranted in respect of the said boroughs or districts and in force \nimmediately before the date of the commencement of this Act shall in so \nfar as they are not inconsistent with the provisions of this Act be deemed \nto have been made, issued, imposed or grante d under this Act in respect \nof the borough and shall continue in force until it is superseded or \nmodified by any appointment, notification, notice, tax, fee, order, \nscheme, licence, permission, rule, by e-law or form made, issued, \nimposed or granted under this Act; \n \n(vii) all budget estimates, assessments, assessment lists, valuations or \nmeasurements made or authenticated immediately before the \ncommencement of this Act by the old municipalities shall be deemed to \nhave been made or authenticated by the new mu nicipalities under this \nAct; \n \n(viii) all officers and servants in the employ of the old municipalities \nimmediately before the said date shall be officers and servants of the new \nmunicipalities and shall until other provision is made in accordance with \nthe provisions of this Act, receive the salaries and allowances and be \nsubject to the conditions of service to which they were entitled or subject \non such date: \n \n\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \n151 of 158 \nProvided that it shall be competent to the State Government after \ngiving a Municipal Commissioner such notice as is required to be given \nby the terms of his employment, to discontinue his services if in the \nopinion of the Government he is not necessary or suitable to the \nrequirements of the municipal service; and every Municipal \nCommissioner whose serv ices are to discontinued shall be entitled to \nsuch leave, pension, provident fund, gratuity, other rights and privileges \nas he would have been entitled to take or receive or being invalided out \nof service if he had continued in the employ of the municipali ty after the \nsaid date; \n \n(ix) all proceedings pending before the old municipalities shall be \ndeemed to have been instituted and to be pending before the new \nmunicipalities and shall be heard and disposed of by the said \nmunicipalities under this Act; \n \n(x) all prosecutions instituted by or on behalf of the old municipalities \nand all suits or other legal proceedings instituted by or against the old \nmunicipalities or any officer of municipalities pending at the said date \nshall be continued by or against the new municipalities; \n \n(xi) any reference in any enactment or in any instrument to any Acts \nhereby repealed or to any provision thereof or any authority elected or \nappointed thereunder shall be construed as a reference to the Gujarat \nMunicipalities Act, 1963, or to the corresponding provision thereof or to \nthe corresponding authority elected or appointed thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 625
},
{
"number": "280",
"title": "Section 280. If any difficulty arises in first giving effect to the provisions of this Act, the State",
"chapter": null,
"content": "Government may, as occasion requires, by order do anything which appears to it to be \r\nnecessary for the purpose of removing the difficulty. \r\n \r\n112[281. (1) Notwithstanding anything contained in this Act, where the duration of the \r\nmunicipality has already expired before the date of the commencement of the \r\nGujarat Munic ipalities (Amendment) Act, 1993 (hereinafter reffered to as \"the \r\nsaid date\" in this section) or is due to expire within one year from the said date, \r\nthe election to con stitute such municipality shall be completed within one year \r\nfrom the said date in accordance with the provisions of this Act. \r\n \r\n(2) Where the duration of the existing municipality expires after one year from \r\nsaid date, the election to constitute such munic ipality shall be completed before \r\nthe expiry of its duration in accordance with the provisions of this Act. \r\n \r\n(3) Where an area is specified as transitional area or, as the case may be, a \r\nsmaller area, under clause (2) of article 243Q of the Constitution of India during \r\nthe period of six months from the said date, the election to constitute the \r\nmunicipality for such area shall be completed within one year from the said date \r\nin accordance with the provisions of this Act. \r\n \r\n(4) Where an election to constitute m unicipality could not be completed or it is \r\nnot possible to hold the election to constitute a municipality as provided in this \r\nsection on account of unforeseen circumstances such as natural calamity, riots, \r\ncommunal disturbances, all powers and duties of th e municipality shall be \r\nexercised and performed by such officer as the State Government may by order \r\nappoint in this behalf.] \r\n \r\n \r\n \r\nGuj. 34 of 1964. \r\nRemoval of \r\ndifficulties. \r\nGuj. 17 of 1993. \r\nTransitory \r\nProvision. \r\n\r\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \r\n \r\nSCHEDULE I. \r\n[See clause (b) of section 101] \r\n \r\nNotice is hereby given to the inhabitants of the municipal borough \r\nof………………… that the municipality desire to impose the tax, toll, octroi or cess (as \r\nthe case may be) defined in the rules appended (in lieu of the tax known as \r\nthe………………………………which is published at page………………………..of the \r\nsanctioned rules?). \r\n \r\nAny inhabitant of the municipal borough objecting to the proposed tax may \r\nwithin one month from the date of this notice, send his objection in writing to the \r\nmunicipality. \r\n \r\nRULES. \r\n \r\n[The rules approved by the Municipality under clause (a) of section 101 are to be \r\nappended here]. \r\n \r\nSCHEDULE II. \r\n(See section 116) \r\n \r\nFORM OF NOTICE OF TRANSFER TO BE GIVEN WHEN THE TRANSFER HAS \r\nBEEN EFFECTED BY INSTRUMENT. \r\nTo \r\n \r\nTHE CHIEF OFFICER, \r\nMunicipality. \r\n \r\nI, A, B, hereby give notice as required by section 116 of the Gujarat \r\nMunicipalities Act, 1963, of the following transfer of property :- \r\n \r\nDate of Notice. \r\nDate of instrument. \r\nName of vendor or assignee. \r\nName of purchaser or assigner. \r\nAmount of considertion. \r\nDISCRIPTION OF THE PROPERTY \r\nRemarks. \r\nOf what if consists. \r\nSituation. \r\nNumber in Assessment Book. \r\nChief Officer’s No. \r\nDimensions of land. \r\nBouncaries. \r\nIf any instrument has been registered the date \r\nof registration. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDated (Signed) \r\n \r\n------------------- \r\n \r\n \r\n \r\n\r\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \r\n153 of 158 \r\nSCHEDULE III. \r\n(See section 116) \r\n \r\nFORM OF NOTICE OF TRANSFER TO BE GIVEN WHEN THE TRANSFER HAS TAKEN \r\nPLACE OTHERWISE THAN BY INSTRUMENT. \r\n \r\nTO \r\nTHE CHIEF OFFICER, \r\nMunicipality, \r\n \r\nI, A, B, hereby give notice as required by section 116 of the Gujarat \r\nMunicipalities Act, 1963, of the following transfer of property :- \r\n Date of Notice. \r\nName in Which the property is at present \r\nEntered in the Chief Officer’s record. \r\nTo whom it is to be transferred. \r\nDISCRIPTION OF THE PROPERTY \r\nRemarks. \r\nOf what it consists. \r\nSituation. \r\nNumber in Assessment Book. \r\nChief Officer’s No. \r\nDimensions of land. \r\nBouncaries. \r\n \r\n \r\n \r\n \r\n Dated (Signed) \r\n \r\n------------------------- \r\n \r\n \r\nSCHEDULE IV \r\n(See sub-section (3) of section 132) \r\n \r\nFORM OF NOTICE OF DEMAND \r\nTo \r\n \r\nA, B,…………………………………………………….. residing \r\nat………………..Take notice that the municipality \r\nof………………………………………………………demand from the sum \r\nof……………………………………….due from…………………………on account \r\nof……………………………. \r\n(Here describe the property or other thing in respect of which the tax is leviable). \r\nleviable under rule No. …………………………………………………..for the period of \r\n……………………………commencing on the day of……… ……..19 , and ending on \r\nthe………………….day of……………………..19 , and that if, within fifteen days \r\nfrom the service of this notice, the said sum is not paid into the municipal office \r\nat……………………and sufficient cause for non -payment is not shown to the \r\nsatisfaction of the chief officer, a warrant of distress, or attachment will he issued for the \r\nrecovery of the same with costs, and also the service in respect of which the tax is \r\nleviable shall be discontinued. \r\n \r\nDated this day of 19 \r\n(Signed) \r\n Chief Officer. \r\n\r\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \r\n \r\n \r\nSCHEDULE V \r\n(See sub-section (1) of section 133) \r\n \r\nFORM OF WARRANT \r\n(Here insert the name of the officer charged with the execution of the warrant.) \r\n \r\nWhereas A, B, of……………………………………….. has not paid, and has not \r\nshown satisfactory cause for the non-payment of, the sum of……………………..due for \r\nthe tax ? Here describe the tax mentioned in the margin for the period commencing \r\non.……the……..day of…….19 and ending with the ………………day \r\nof……………19 and leviable under rule No. ; \r\n \r\nAnd whereas fifteen days have elapsed since the serv ice on him of notice of \r\ndemand for the same; \r\n \r\nThis is to command you to distrain/attach subject to the provisions of section 132 \r\nof the Gujarat Municipalities Act, 1963 the goods and chattels/an property of the said A, \r\nB, to the amount of…………..being the amount due from him, as follows :- \r\n \r\nRs. nP. \r\nOn account of the said tax .. \r\nFor service of notice .. \r\nFor issue of warrant .. \r\n \r\nand forthwith to certify to me together with this warrant all particulars of the goods \r\ndistrained/property attached by you thereunder. \r\n \r\nDated this …………………….day of…………19 \r\n \r\n(Signed) \r\nChief Officer. \r\n \r\nSCHEDULE VI \r\n[See clause (c) of sub-section (5) of section 133 and sub-section (1) of section 127] \r\n \r\nFORM OF INVENTORY AND NOTICE. \r\n \r\nTo \r\nA.B………………………………………………….residing \r\nat…………………………Take notice that I have this day distrained/attached the goods \r\nand chattels/property specified in the inventory beneath this, for the value \r\nof…………………….due for the tax ? Hare describe the tax mentioned in the margin for \r\nthe period commencing with the………………..day of……………….19 …… and \r\nending with the day of……………..19 together with Rs…………..due as for service of \r\nnotice of demand and Rs………………due as for issue for warrant and that unless \r\nwithin five days from the day of the date of this notice you pay into the municipal office \r\nat………….the said amount together with the costs of recovery, the said goods and \r\nchattels/property will be sold. \r\n \r\nDated this …………………….day of…………19 \r\n \r\nSignature of Officer executing the Warrant/collecting octroi \r\n \r\nInventory. \r\n(Here state particulars of goods and chattels/property seized.) \r\n \r\n ------------------------------\r\n\r\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \r\n155 of 158 \r\n \r\n \r\n1 For Statement of Objects and Reasons see Gujarat Government Gazette Part V, November 18, 1963, p. 616. \r\n? This Act was assented to by the President on the 23rd December, 1964. \r\n? Please see section 3 of Guj. 5 of 1978. \r\n?? For Transitory provision please see section 7 of Guj. 15 of 1978. \r\n??? Please see sect ion 3 of Guj. 2 of 1979. \r\n?? Please see section 4 of Guj. 13 of 1980. \r\n1A Clause (1) was deleted by Guj. 13 of 2007, s. 2(a). \r\n2 Clause (1A) was inserted by Guj. 17 of 1993, s.2(1). \r\n2A Clause (2A) was inserted by Guj. 13 of 2007, s. 2(b). \r\n3 Clause (3A) was inserted by Guj. 17 of 1993, s, 2(2). \r\n3A Clause (3B) was inserted by Guj. 13 of 2007, s. 2 (c). \r\n4 Clause (6) was substituted for the original by Guj. 6 of 1965, s 2. \r\n5 Clauses (7A) and (7B) were inserted by Guj. 17 of 1993, s. 2 (3). \r\n6 Clause (12A) which was inserted by Guj. 15 of 1978, s. 2 was subsequently Substituted by \r\nGuj. 7 of 1990, s 2. \r\n6A Clause (12B) was inserted by Guj. 21 of 2011,s. 6. \r\n7 Clause (13) was substituted for the original by Guj. 17 of 1993, s. 2(4). \r\n8 Clause (14) was substituted for the original by Guj. 17 of 1993, s. 2 (5). \r\n9 Clause (16) was deleted by Guj. 14 of 2001, s. 2. \r\n10 Clause (20) and (20A) were substituted for clause (20) by Guj. 17 of 1993, s. 2(6). \r\n11 Clause (24A) was inserted by Guj. 17 of 1993, s 2(7). \r\n12 The words \"MUNICIPAL BOROUGHS AND\" were deleted, ibid. s.4. \r\n13 The brackets, figure and words \"(1) Municipal Boroughs\" were deleted, ibid. \r\n14 Section 5 was substituted for the original by Guj 17 of 1993, s. 6. \r\n15 Section 6 was substituted lor the original, ibid.. s. 7. \r\n16 Section 7 was substituted by Guj 17 of 1993, s. 9 \r\n17 Sections 8 and 8A were substituted tor section 8, ibid., s. 10 \r\n18 Section 9 was substituted by Guj. 7 of 1990, s. 4. \r\n19 Sections 9 to 9J were substituted for section 9 b y Guj. 15 of 1978, s. 5. \r\n20 Sub-sections (2) and (2A) were substituted for sub -section (2) by Guj . 17 of 1993, s. 11. \r\n21 These words were inserted by Guj 17 of 1993, s 12(i). \r\n22 This word was substituted for the words \"vote or is qualified or is not qualified to be elected, as the case may be,\" \r\nibid, s. 12(ii). \r\n23 The reference to Untouchability (Offences) Act, 1955 has to be construed as reference to the protection of Civil \r\nRights Act, 1955 by virtue of section 19 of the Central Act No. 106 of 1976. \r\n24 Clause (g) was added by Guj. 17 of 1993, s. 13. \r\n25 Clause (h) was inserted by Guj. 17 of 2005, s.3. \r\n26 Sub-section (4) was added by Guj. 23 of 1986, s. 11. \r\n27 These words, brackets, figures and letter were inserted by Guj. 15 of 1978, s, 6. \r\n28 These words, brackets and figures were substituted for the words, brackets, figures and letter \"sub-section (6) \r\nof section 9 C\" by Guj. 7 of 1990, s. 6. \r\n29 This heading was substituted for the heading “PRESIDENT, VICE -PRESIDENT, COUNCILLORS AND \r\nCHIEF OFFICERS” by Guj. 15 of 1994, s.2(i) \r\n30 Sub-section (/) was substituted for original by Guj. 17 of 1993, s.14 (i). \r\n31 The words \"the determination of the term of office of the president and vice -president and \" were deleted , \r\nibid, s. 14 (ii) \r\n32 Sub-section (1) was originally substitute d by Guj. 3 of 2000, s. 2 and subsequently again substituted by \r\nGuj. 21 of 2011. s. 7. \r\n33 Sub-section (3) was substituted for the original, by Guj. 17 of 1993, s. 15 (2). \r\n34 Sub-section (4) was substituted by Guj. 29 of 1978, s. 11. \r\n35 These words, brackets and figures were substituted for the words \"On the election of a new president or \r\nvice-president\", ibid., s. 12 \r\n36 Sub-section (5) was inserted by Guj, 3 of 1968, s. 2. \r\n37 These words were substituted for the words \"on receipt of\" by Guj. 3 of 1968, S. 3. \r\n38 Section 37A was inserted, ibid., s.4. \r\n39 Section 42 was substituted for the original by Guj. 17 of 1993, s. 16. \r\n40 Sub-heading (3) was substituted for the sub-heading \"(3) Chief officer and other officers\" by Guj. 15 of 1994, s.2(2). \r\n41 Sections 47,47A, 48,49 and 50 were substituted for sections 47,48, 49 and 50, ibid. s.2(3). \r\n42 Section 50A was inserted by Guj. 11 of 1979, Sch., item 5. \r\n43 This word was substituted for the words \"Development Commissioner\" by Guj. 6 of 1965, s. 5. \r\n44 This word was substituted for the words \"Development Commissioner\" by Guj. 6 of 1965, s. 5. \r\n45 These words were substituted by Guj. 14 of 2001, s. 3 (1). \r\n46 This Proviso was added by Guj. 3 of 1968, s 5. \r\n46A Sub-sections (4) and (5) were inserted by Guj. 21 of 2011,s. 8. \r\n47 This word was substituted for the words \"Development Commissioner\" by Guj. 6 of 1965, s 5. \r\n 48 Clauses (e) and (t) were inserted by Guj. 17 of 1993, s. 17. \r\n49 Chapter VIIA was inserted by Guj. 5 of 1978, s.2.",
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},
{
"number": "49A",
"title": "Section 49A. These words ware substituted for the words “ annual letting value or the capital value or a percentage of capital value.” by",
"chapter": null,
"content": "Guj. 13 of 2007. s. 3. \r\n50 Clause (iv) was deleted by Guj. 14 of 2001, s. 4(1). \r\n50A Clause (xiv-a) was inserted by Guj. 10 of 2008, s. 16, Sch II, Sr. No. 2(1). \r\n50B This clause was inserted by Guj. 21 of 2011, s. 9. \r\n51 These brackets and words were inserted by Presi. Act No. 11 of 1976. Sch.II, item (3). \r\n51A The words “a tax on professions, trades, callings and employments or” were deleted by Guj. 10 of 2008, s. 16, Sch. \r\nII, Sr. No. 2(2). \r\n\r\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963 \r\n \r\n \r\n52 These words were inserted by Guj. 16 of 1977, Sch., item 3. \r\n53 These words were inserted by Guj. 14 of 2001. s.4 (2). \r\n54 Paragraph (b) was deleted, 14 of 2001., s .4(3). \r\n54A Section 99A was inserted by Guj. 13 of 2007, s. 4. \r\n54B The word, brackets and letter “or (b)” were deleted, ibid., s. 5(1)(a). \r\n54C These words, brackets and figure were substituted for the words, brackets and figure “sub-sections (2) and (3)” \r\nibid., s. 5(1)(b). \r\n54D Sub-section (2) was deleted , ibid., s.5(2). \r\n54E These words were substituted for the words, brackets and figure “a rateable value of the same amount as that \r\nfixed under sub-section (2)” , ibid., s. 5(3). \r\n54F These words were substituted for the words “valuation on which such tax is to be imposed, ibid., s. 6. \r\n54G Clause (d) was substituted for the original, ibid., s. 7(1). \r\n54H These words, brackets, letter and figure were substituted, ibid., s. 7(2). \r\n54I These were substituted for the words “the annual letting value and his estimate of the value of such building or \r\nland, ibid., s. 7(3). \r\n54J The words “valuation or” were deleted, ibid., s. 8(1)(ii). \r\n54K These words were substituted for the word “valuation”, ibid., s. 8(1)(ii). \r\n54L The words “valuation and” were deleted, ibid., s. 8(2)(i). \r\n54M The words “valuation or” were deleted, ibid., s. 8(2)(ii). \r\n54N The words “valuation and” were deleted, ibid., s. 8(3). \r\n54-O These words were substituted for the words “of the valuation, or annual letting value on the basis prescribed in \r\nthe rules”, ibid., s. 8(4). \r\n54P The words “valuation and” were deleted, ibid., s. 9. \r\n54Q The words “valuation and” were deleted, ibid., s. 10. \r\n55 These words were substituted for the words \"to authenticate the assessment list, and there upon such person or persons shall duly \r\nauthenticate\" by Guj. 3 of 1968, s. 6. \r\n55A The brackets, figure and word “(4) and” were deleted, ibid., s. 11(1). \r\n55B Sub-sections (3), (4) and (5) were deleted, ibid. s. 11 (2). \r\n56 These words \"Octroi and\" were deleted, by Guj. 14 of 2001, s. 5. \r\n58 The word \"Octroi or\" were deleted, ibid, s. 7(4). \r\n57 Sub-section (1) was substituted, ibid, s 7(1). \r\n59 The words \"octroi or\" was deleted, by Guj. 14 of 2001, s 7(2). \r\n \r\n \r\n \r\n \r\n 60 The word \"Octroi or\" were deleted, ibid, s 7 (3). \r\n61 Sections 129-A were inserted by Guj. 15 of 1994. s. 3. \r\n62 The words \"an octroi or\" were deleted by Guj. 14 of 2001, s. 8. \r\n63 Chapter IXA was inserted by Guj. 17 of 1993. s .18. \r\n64 Sub-sections (1) and (2) were substituted by Guj. 12 of 1979, Sch., item 2. \r\n65 These words were substituted for the words \"Gujarat Municipal Finance Board\" by Guj. 17 of 1993. s. 19. \r\n66 These words were substituted for the words \"in any street or part of a street not maintainable by the \r\nmunicipality\" by Guj. 3 of 1968. s 7(1). \r\n67 This Explanation was added, ibid, s 7(2) \r\n68 Sections 167A was inserted by Guj. 20 of 1980. s. 7. \r\n69 This word was substituted for the words \"Development Commissioner\" by Guj 6 of 1965 s. 5. \r\n70 This word was substituted for the words \"Development Commissioner\" by Guj. 6 of 1965. s.5. \r\n71 Sub-section (3)was inserted, by Guj. 3 of 1968, s. 8. \r\n72 These words were Substituted for the words \"eight days\" by Guj. 11 of 1969, s. 6. \r\n73 This word was substituted for the words \"Development Commissioner\" by Guj. 6 of 1965. s. 5. \r\n74 This word was substituted for the word \"honorarium\" by Guj. 11 of 1969, s. 7. \r\n75 This word was substituted for the words \"Development Commissioner\" by Guj. of 1968. s. 5. \r\n76 The words beginning with words \"or supersede it\" and ending with the words \"superseded under this Section'' were \r\ndeleted by Guj. 17 of 1993. s. 20(1) (i). \r\n77 This proviso which was added by Guj. 3 of 1965, s. 9 (1) was subsequently deleted ibid., s..20(1) (ii). \r\n78 The words \"or superseded\" and \"or supersession\" were deleted, ibid., s. 20 (2) (a). \r\n79 The words \"in the case of supersession as from the date of the order of Supersession, and\" were deleted, ibid., s. 20 (2) \r\n(b). \r\n80 The words \"or Supersession\" were deleted by Guj. 17 of 1993, s. 20 (2) (a). \r\n81 This word was substituted for the words \"Development Commissioner'' by Guj. 6 of 1965 s. 5. \r\n82 Clauses (c) and (d) were deleted by Guj. 17 of 1993, s. 20 (2) (c). \r\n83 Sub-section (3) was substituted for the original, ibid, s. 20 (3). \r\n84 Sub-sections (4) and (5) were deleted, ibid, s. 20 (4). \r\n85 Chapter XVIA was inserted by Guj. 3 of 1968, s.10. \r\n86 Section 264A was substituted for original by Guj. 17 of 1993, s.22. \r\n87 Sub-Section (1) was substituted for the original by Guj. 17 of 1993, s.24 (i). \r\n88 Sub- Section (2) was Substituted for the original by Guj. 17 of 1993, s. 24 (ii). \r\n89 The words \"or nagar\" were deleted, ibid, s. 25. \r\n90 Clause (i) was substituted for the original by Guj. 17 of 1993. s.26 (i) (a). \r\n91 Clause (iii) was substituted for the original, ibid, s.26(i) (b). \r\n92 Clauses (iv) and (v) were deleted, ibid, s.26(i) (c). \r\n93 The words \"or the State Government\" were deleted, ibid, s.26 (i) (d). \r\n94 sub-section (3) was deleted by Guj. 17 of 1993. s. 26 (ii). \r\n95 Chapter XVII a was inserted by Guj. 20 of 1980, s.8. \r\n96 The words “ or nagar” ware deleted, ibid, s.27. \r\n\r\n1964 : Guj. 34] Gujarat Municipalities Act, 1963 \r\n157 of 158 \r\n \r\n97 Clauses (c), (d) and (e) were deleted by Guj. 17 of 1993, s. 28. \r\n98 This word was substituted for the word \"nagar\", ibid, s. 29 (i). \r\n99 This portion was substituted for the portion beginning with \"where under\" and ending with words \"ensue that is \r\nto say.\" ibid; s. 29 (ii). \r\n100 Clause (c) was deleted, ibid., s. 29 (iii). \r\n101 Clauses (d) and (dd) were substituted for clause (d), ibid, s. 29 (iv). \r\n102 The words \"or the nagar fund\" and \"interim\" were deleted by Guj. 17 of 1993 s. 29 (v). \r\n103 The word \"interim\" was deleted ibid s. 29 (vi) \r\n104 The word \" interim\" was deleted ibid, s. 29 (vi). \r\n105 The word \"interim\" was deleted, ibid s. 29 (vii). \r\n106 The words \" interim municipalities or. as the case may be.\" were deleted by Guj. 17 of 1993 s 29 (vii). \r\n106A The words beginning with “the conditions” and ending with “of such taxes;” were deleted by Guj. 13 of 2007, \r\ns. 13. \r\n107 Clause (1) relating to octroi was deleted by Guj 14 of 2001, s.9. \r\n108 Clause (a) was deleted by Guj. 14 of 2001. s. 10. \r\n109 Section 278A was inserted by Guj 32 of 1965, s. 2. \r\n110 These figures, letters and words were substituted for the figures, letters and word \"31st March 1965\" by Guj. 6 \r\nof 1965, s. 4(1). \r\n111 This clause shall be and shall be deemed always to have been inserted by Guj 6 of 1965. s.4(2) \r\n112 Section 281 was added by Guj. 17 of 1993, s. 32. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n\r\n[1964 : Guj. 34 Gujarat Municipalities Act, 1963",
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}
],
"metadata": {
"Act ID": "196434",
"Act Number": "34",
"Enactment Date": "1964-12-28",
"Act Year": "1964",
"Short Title": "The Gujarat Municipalities Act, 1963",
"Department": "Urban Development and Urban Housing Department",
"Type": "STATE",
"Location": "Gujarat"
},
"updated_at": "2026-09-29 21:52:48"
}