GUJARAT PROVINCIAL MUNICIPAL CORPORATIONS ACT, 1949
(1) This Act may be called the 3[Gujarat] Provincial Municipal Corporations Act, 1949.
1[(2) It extends to the whole of the State of Gujarat.]
(3) This section shall come into operation at once. The remaining provisions of the Act shall come into operation in the City of Ahmedabad and 2[such other cities] on such dates as the State Government may by notification in the Official Gazette, specify in respect of each city. On the respective dates the said provisions shall apply to places outside the said cities in the manner, to the extent and for the purposes expressly provided therein
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1. Sub-section (2) was substituted for the original by Gujarat 3 of 1973, section, 2.
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Legal Comments
"Scope of Section" - Section 1 (Preliminary) of the Gujarat Provincial Municipal Corporations Act, 1949 lays down the title and extent of the Act and governs its application to the State; it provides the foundational jurisdiction for municipal governance, including the definitions and operative framework that underpin subsequent sections - [Anant Mills Company LTD. : Aryodaya Spining And Wiving Mills Company LTD. : Municipal Corporation Of The City Of Ahmedabad: State Of Gujarat: Aryodaya Spining And Wiving Mills Company LTD. VS State Of Gujarat: State Of Gujarat: Anant Mills Company LTD. : Municipal Corporation Of City Of Ahmedabad: Municipal Corporation Of City Of Ahmedabad]
"Intro to Section" - Section 1 functions as the introductory provision establishing the short title, extent and commencement of the BPMC/GPMC regime as applied in Gujarat; it sets the statutory baseline for governance of municipal corporations, towns and related local authorities - [Gujarat Agro Industries Company LTD. VS Municipal Corporation Of City Of Ahmedabad]
"Essential ingredients" - The essential ingredients of Section 1 include the Act’s applicability to the State of Gujarat; its status as a self-contained statutory framework for municipal governance; and its role as the initiating anchor for all other provisions governing elections, taxation, powers and duties of municipalities - [Bajirao Tukaram Manav VS Administrative Officer & another]
"Textual parity with BPMC/GPMC" - The Gujarat enactment mirrors the structure of the Bombay Provincial Municipal Corporations Act, 1949 in its general scheme, with Section 1 confirming territorial reach (State-wide application within Gujarat) and signaling a similar regulatory approach to municipal administration - [Gujarat Agro Industries Company LTD. VS Municipal Corporation Of City Of Ahmedabad]
"Relation to other sources" - Several cases cite Section 1 as a constitutional anchor for territorial reach; courts frequently rely on Section 1 to confirm that the BPMC/GPMC framework extends to Gujarat or to interpret the interplay of local bodies within the State’s jurisdiction - [MUNICIPAL CORPORATION OF AHMEDABAD VS DENA BANK]
"Punishment for Section" - Section 1 itself is procedural and declaratory; it does not prescribe penalties. Punishments or penalties arise under subsequent sections for noncompliance or offences (e.g., failure to comply with notices, breach of bye-laws, or tax/fee disputes), but Section 1 does not itself create punishments - (see also general references to penalties in related provisions)
"Scope of Section" - The scope of Section 1 is to delineate title, extent and commencement, thereby enabling the Act to operate throughout the State; it authorizes the creation and regulation of municipal corporations and related local authorities within Gujarat - [Narayandas Jaskaranji Rathi & others VS State of Maharashtra & another]
"Constitutional framing reference" - High Courts routinely treat Section 1 as a gateway to the constitutional topology of local government, ensuring that state-level legislation remains within the constitutional framework for municipal governance and does not exceed legislative competence - [RAMESHCHANDRA RAMANBHAI PATEL VS COLLECTOR,kheda]
"Judicial treatment of enactment scope" - In several judgments, courts view Section 1 as confirming the Act’s territorial applicability and as a referent for interpreting other provisions; if a conflict arises with other Acts, courts assess which instrument governs the particular municipal matter at issue - [Navinchandra M. Acharya VS Municipal Commissioner]
"Interplay with Article 246/List II" - While Section 1 is a procedural anchor, constitutional interpretation in related cases often contemplates the Seventh Schedule List II typology (land and building taxes etc.); Section 1 helps situate the local Act within the broader constitutional framework, but does not by itself define tax powers - [AHMEDABAD MUNICIPAL CORPORATION VS GTL INFRASTRUCTURE LTD. ]
"Relation to elections" - Section 14 of the BPMC/GPMC regime (as reflected in cited materials) delegates election oversight to the State Election Commission; Section 1’s broad territorial clause underpins the authority of local bodies that are subject to those electoral provisions - [KILLOL V. SHELAT VS MUNICIPAL CORPORATION OF CITY OF AHMEDABAD]
"Development of delimitations" - Section 1 supports the functioning of municipal boundaries and the extension of city limits; subsequent delimited wards, delimitation rules, and reserved seats rules derive their authority from the broad territorial mandate established by Section 1 and related sections - [Vakatar Samatbhai Ghusabhai VS State of Gujarat]
"Writ and Articles 226/243" - Several cases rely on Article 226 challenges to actions of municipal authorities and argue that the writ jurisdiction is available to test Section 1-based acts; however, Section 1 itself remains a non-penal, procedural starting point for such adjudications - [Ahmedabad Municipal Corporation VS Draupati Haribhai Koshti]
"Public interest considerations" - The Section 1 baseline supports the general principle that municipal governance is a State function with local self-government under the umbrella of State statutes; courts weigh public interest when assessing actions under the Act, particularly where local authority actions affect public property or services - [Navinchandra M. Acharya VS Municipal Commissioner]
"Jurisdictional reach in notified areas" - The Act’s reach under Section 1 contemplates expansion of municipal jurisdictions to newly included areas; subsequent amendments and notifications (including transfers of assets and liabilities) operate within the framework Section 1 establishes for State-wide municipal governance - [Mohanlal Nanabhai Choksi (Dead) by L. Rs. VS State of Gujarat]
"Relation to redevelopment and dilapidated structures" - While Section 1 is not a redevelopment-specific provision, the Act’s overall structure (as explained in proceedings regarding dilapidated buildings and public safety) relies on the territorial and governance baseline that Section 1 provides; redevelopment decisions rely on more specific sections (264/260 etc.), not Section 1 itself - [Shilpalaya Co-Operative Housing Society Limited VS Ahmedabad Municipal Corporation]
"Taxation and constitutional entries" - Section 1’s scope supports the basic infrastructure of municipal taxation powers exercised under later sections (e.g., property tax, water/conservancy taxes, etc.); the constitutional questions about tax vs. fee arise in interpretation of those later provisions, not in Section 1 itself - [AHMEDABAD MUNICIPAL CORPORATION VS GTL INFRASTRUCTURE LTD. ]
"Delimitation and ward allocation context" - The Section 1 baseline helps frame the Court’s discussion when evaluating delimitation and reserved seats under other provisions (e.g., 1994/2014 Delimitation Rules); the Section 1 gateway ensures such rules operate within the Act’s territorial scope - [Vakatar Samatbhai Ghusabhai VS State of Gujarat]
"Cross-reference to related acts" - The introductory Section 1 sets the stage for the Act’s relation to related statutes (Town Planning Act, Gujarat Town Planning & Urban Development Act 1976, etc.) and helps courts resolve conflicts by confirming the Act’s territorial reach before applying cross-act principles - [Jagatbhai Hasmukhlal Parikh VS State Of Gujarat]
"Governmental power balance" - Section 1 anchors the balance of power between the State government and local authorities by confirming the State’s legislative framework for municipal corporations; it underpins subsequent checks and balances (Standing Committee oversight, etc.) that regulate local governance - [RAMBHAU LAXMAN PINGALE VS POONA MUNICIPAL CORPORATION]
"Judicial caution on ultra vires" - In handling challenges to the Act’s reach or the application of its sections, courts repeatedly emphasize that Section 1 is foundational; challenges tend to focus on specific provisions (e.g., Section 145A or Section 210/213) rather than Section 1 itself as to be ultra vires - [Narayandas Jaskaranji Rathi & others VS State of Maharashtra & another]
In this Act, unless there be something repugnant in the subject or context,--
1 [ (1A) "annual letting value" means,--
(i) in relation to any period prior to 1st April, 1970, the annual rent for which any building or land or premises, exclusive of furniture or machinery contained or situate therein or thereon, might, if the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, (Bom. LVII of 1947). were not in force, reasonably be expected to let from year to year with reference to its use;
(ii) in relation to any other period, the annual rent for which any building or land or premises, exclusive of furniture or machinery contained or situate therein or thereon, might reasonably be expected to let from year to year with reference to its use;
Section 2 of the Gujarat Provincial Municipal Corporations Act, 1949 (GPMC Act) provides definitions of key terms used throughout the statute. It is fundamental for understanding the scope, interpretation, and application of various provisions, especially relating to municipal governance, taxation, and administrative procedures. The section aims to clarify the terminology to ensure consistent and uniform application of law.
Section 2 of the GPMC Act enumerates and defines various terms, including but not limited to "building," "land," "public street," "municipal authority," "owner," "occupier," and "tax." These definitions serve as the legal foundation for interpreting the rights, duties, and powers conferred upon municipal authorities, as well as the rights of citizens and other entities under the Act.
Section 2 itself does not prescribe punishments. However, violations of the definitions or their misuse in contravention of the Act's provisions can lead to penalties under other sections, such as penalties for illegal construction, unauthorized occupation, or non-compliance with notices issued under the Act.
Broad Interpretation - The definitions in Section 2 adopt a broad, inclusive approach, which facilitates flexible interpretation consistent with constitutional principles and urban realities. - [["AHMEDABAD MUNICIPAL CORPORATION VS GTL INFRASTRUCTURE LTD. "]]
Legal Certainty - Clear definitions of terms like "building," "land," and "public street" prevent arbitrary actions and ensure uniform application across different cases. - [["AHMEDABAD MUNICIPAL CORPORATION VS GTL INFRASTRUCTURE LTD. "]]
Alignment with Other Laws - The section aligns definitions with those in related statutes such as the Indian Telegraph Act, Land Acquisition Act, and Town Planning Act, ensuring coherence in legal interpretation. - [["M/S BHARTI AIRTEL LTD. VS STATE OF CHHATTISGARH"]]
Impact on Taxation - The definition of "land" and "building" influences the scope of property tax, as courts have held that these terms include underground structures and even intangible rights like easements, provided they are in occupation. - [["GTL Infrastructure Ltd. VS State of Gujarat"]]
Construction and Development - The expansive definition of "building" includes temporary and semi-permanent structures, affecting permissions, regularization, and illegal construction cases. - [["Madrasa-E-Anware Rabbani Waqf Committee VS Surat Municipal Corporation"]]
Urban Planning and Land Use - Definitions such as "development" and "public street" are crucial in land use regulation, urban extension, and infrastructure projects. Courts have emphasized that these terms must be interpreted dynamically to meet contemporary needs. - [["Mohanlal Nanabhai Choksi (Dead) by L. Rs. VS State of Gujarat"]]
Land Acquisition Proceedings - The scope of "land" as defined influences the validity of land acquisition notices and proceedings, especially regarding private property and public purpose. Courts have clarified that property in which a person carries on business is not necessarily their proprietary land, but their occupation suffices for taxation purposes. - [["SUO MOTU VS AHMEDABAD MUNCIPAL CORPN"]]
Legal Validity of Notices - Proper interpretation of terms like "public street" and "owner" is essential in assessing the legality of notices issued for demolition, eviction, or land acquisition. Courts have upheld notices when definitions are correctly applied. - [["Mohanlal Nanabhai Choksi (Dead) by L. Rs. VS State of Gujarat"]]
Natural Justice and Due Process - Definitions are often invoked in disputes involving natural justice, such as notices for unauthorized construction or eviction. Courts have held that notices must conform to statutory definitions to be valid. - [["Jagdish Bulchandbhai Mohnani VS Tamanna H. Jhalodia or her Successor in Office"]]
Taxation of Mobile Towers and Infrastructure - The courts have clarified that structures like mobile towers are "buildings" under the definition, thus attracting property tax, unless explicitly exempted. The expansive interpretation supports modern urban infrastructure regulation. - [["ATC Telecom Tower Corporation Private Limited VS State of Gujarat"]]
Legal Precedents on Definitions - The Supreme Court has reiterated that the interpretation of statutory terms should be broad and contextual, aligning with constitutional goals and societal needs, especially for urban development and public health. - [["Mohanlal Nanabhai Choksi (Dead) by L. Rs. VS State of Gujarat"]]
Natural and Dynamic Interpretation - The definitions are not static; courts have emphasized that they should evolve with societal changes, technological advances, and urban growth. This approach ensures the law remains relevant and effective. - [["Mohanlal Nanabhai Choksi (Dead) by L. Rs. VS State of Gujarat"]]
Implications for Illegal Constructions - Broad definitions of "building" and "development" have significant implications in cases of illegal or unauthorized constructions, enabling authorities to act effectively against violations. - [["Madrasa-E-Anware Rabbani Waqf Committee VS Surat Municipal Corporation"]]
Impact on Land Use and Urban Development - The expansive scope of terms like "land" and "development" underpins land acquisition, urban planning, and zoning laws, ensuring comprehensive regulation of land use. - [["SUO MOTU VS AHMEDABAD MUNCIPAL CORPN"]]
Legal Certainty in Land and Property Rights - The detailed definitions help courts and authorities delineate rights and responsibilities, reducing disputes over property boundaries, occupation, and usage. - [["GTL Infrastructure Ltd. VS State of Gujarat"]]
Alignment with Constitutional Provisions - The definitions support the constitutional principles of federalism, equality, and property rights, ensuring that municipal laws are consistent with fundamental rights and the Constitution’s structure. - [["AHMEDABAD MUNICIPAL CORPORATION VS GTL INFRASTRUCTURE LTD. "]]
Guidance for Judicial and Administrative Acts - The section provides interpretative clarity, guiding courts and authorities in framing notices, conducting land acquisition, and regulating urban activities. - [["M/S BHARTI AIRTEL LTD. VS STATE OF CHHATTISGARH"]]
Limitations and Challenges - Despite broad definitions, courts have cautioned against overreach and have emphasized the need for adherence to procedural safeguards and constitutional limits. - [["Mohanlal Nanabhai Choksi (Dead) by L. Rs. VS State of Gujarat"]]
Legal Validity of Taxation and Regulatory Measures - Courts have upheld that the definitions support the levying of property taxes, fees, and charges on structures and land, including modern infrastructure like mobile towers, provided they are in occupation. - [["ATC Telecom Tower Corporation Private Limited VS State of Gujarat"]]
Natural Justice and Fair Procedure - Proper application of these definitions in notices and proceedings ensures compliance with principles of natural justice, preventing arbitrary or oppressive actions. - [["Jagdish Bulchandbhai Mohnani VS Tamanna H. Jhalodia or her Successor in Office"]]
This concise legal commentary underscores the pivotal role of Section 2 in shaping the interpretation and application of the Gujarat Provincial Municipal Corporations Act, 1949, especially in the context of urban development, land use, and taxation.
(1) For the purposes of this Act, the local areas within the limits specified by the1[State] Government by notification in the Official Gazette shall constitute the City of Ahmedabad and2[ * * * ]
(2) The1[State] Government may from time to time by notification in the Official Gazette constitute any other local area lying within such limits as are specified in the notification to be a City.
(3) The1[State] Government may also from time to time after consultation with the Corporation by notification in the Official Gazette alter the limits specified for any city under sub-section (1) or sub-section (2) so as to include therein, or to exclude therefrom, such area as is specified in the notification.
(4) The power to issue a notification under this section shall be subject to the condition of pre
Section 3 of the Gujarat Provincial Municipal Corporations Act, 1949, is a crucial provision that deals with the postponement of elections and extension of terms of elected representatives in municipal areas, especially during special circumstances such as elections being delayed or other administrative exigencies. It provides the legal framework under which the functioning of municipal bodies can be continued beyond the regular tenure, ensuring administrative continuity.
Section 3 of the Act employs a non-obstante clause to override other provisions of the Act, rules, bylaws, or court orders, during a specified period. It states that:- No general election or election to fill casual vacancies shall be held during the period from the commencement of the Act until 31/10/1993 or such earlier date as notified.- The tenure of existing elected members, including those in office on the date of commencement, shall be deemed extended for the same period.- The period of extension includes the tenure of administrators or other officeholders in office at the start of the period.- The State Government may, before the expiry of this period, take steps to convene or reconstitute new municipal bodies.- The provisions of the Act, rules, or bylaws shall apply as usual, except where overridden by this section.
In summary, Section 3 of the Gujarat Provincial Municipal Corporations Act, 1949, is a legislative tool designed to ensure continuity of governance during exceptional circumstances by temporarily suspending elections and extending tenure. Its use is backed by constitutional validity, provided it adheres to the principles of legality, necessity, and reasonableness, and is subject to judicial review to prevent misuse.
1 [3A. Consequences on alteration of limits of City
(1) (a) Where by a notification under sub-section (3) of section 3 any area is included within the limits of a City, all appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms made, issued, imposed or granted under this Act by the Corporation in respect of the City and in force within the City immediately before the area is included in the City, shall, notwithstanding anything contained in this Act or any other law for the time being in force, extend to and be in force in the area so included from the date on which the area is included in the City.
(b) Where there are in force in the area included in a City, any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms immediately
(1) The municipal authorities charged with carrying out the provisions of this Act are for each City :--
(A) a Corporation;
(B) a Standing Committee;
(C) a Municipal Commissioner;
and, in the event of the Corporation establishing or acquiring a Transport Undertaking;
(D) a Transport Committee;
(E) a Transport Manager.
(2) The duties imposed on the Corporation in respect of primary education shall be performed in accordance with the provisions of the Bombay Primary Education Act, 1947, and for the purposes of the said Act the Corporation shall be deemed to be an authorised municipality within the meaning of the said A
(1) Every Corporation shall, by the name of "The Municipal Corporation of the City of..............", be a body corporate and have perpetual succession and a common seal and by such name may sue and be sued.
(2) Each Corporation shall consist of such number of councillors elected at ward elections as the1[State] Government may from time to time by notification in the Official Gazette fix.
(3) The State Government shall, from time to time, by notification in the Official Gazette, specify for each City the number and boundaries of the wards into which such city shall be divided for the purpose of the ward election of councillors2[and also specify, having regard to the population, the number of Councillors] to be elected for each ward:
Provided that no notification issued under sub-section (2) or
Section 5 of the Gujarat Provincial Municipal Corporations Act, 1949, primarily deals with the constitution of municipal corporations, including the determination of wards, seats, and reservation of seats for various categories such as Scheduled Castes, Scheduled Tribes, Backward Classes, and women. It provides the legal framework for the electoral structure and reservation policies within municipal corporations.
Section 5 empowers the State Government to:- Constitute municipal corporations by notification.- Define the number of wards and seats.- Allocate seats for different categories, including reserved seats for Scheduled Castes, Tribes, Backward Classes, and women.- Determine the division of areas into wards and the number of councillors.- Make amendments or revisions to the delimitation and reservation of seats as per demographic changes, based on census data.
Section 5 covers:- The initial formation of municipal corporations.- Delimitation of wards.- Reservation of seats for various social groups.- Revisions and adjustments based on population data.- It does not prescribe detailed procedures but provides the overarching authority to the State Government for these functions.
The section itself does not specify any punishments or penalties. Violations related to the provisions of Section 5, such as illegal delimitation or reservation, may attract penalties under the broader provisions of the Act, including penalties for non-compliance with statutory notifications or directives.
"Constitutional Validity" - Section 5 grants the State Government broad powers to constitute and modify wards and seats, which must align with constitutional principles of fair representation and reservation policies [VISHNUBHAI NATWARLAL PATEL VS STATE].
"Reservation of Seats" - The provision for reserving seats for Scheduled Castes, Tribes, Backward Classes, and women is constitutionally mandated and must be based on demographic data, ensuring proportional representation [VISHNUBHAI NATWARLAL PATEL VS STATE].
"Delimitation Based on Census" - The delimitation of wards and allocation of seats should be in accordance with the latest census figures, emphasizing the importance of demographic accuracy for fair electoral representation [VISHNUBHAI NATWARLAL PATEL VS STATE].
"Power of Revision" - Section 5 confers the power to revise or reallocate seats, which is essential to reflect demographic changes over time, maintaining the principle of equitable representation [VISHNUBHAI NATWARLAL PATEL VS STATE].
"Scope of Authority" - The section's scope is limited to the constitution and delimitation of wards and reservation of seats; it does not extend to electoral conduct or other administrative functions [VISHNUBHAI NATWARLAL PATEL VS STATE].
"Legal Validity of Notifications" - Notifications issued under Section 5 must adhere to procedural requirements, including consultation and adherence to census data; invalid or arbitrary notifications may be challenged in courts [VISHNUBHAI NATWARLAL PATEL VS STATE].
"Judicial Review" - Any deviation from constitutional principles or procedural irregularities in delimitation or reservation can be subject to judicial review, ensuring compliance with constitutional mandates [AHMEDABAD MUNICIPAL CORPORATION VS GTL INFRASTRUCTURE LTD. ].
"No Punitive Provisions" - The section does not specify penalties; violations related to delimitation or reservation may be challenged or rectified through legal remedies but do not attract direct punishment under this section [VISHNUBHAI NATWARLAL PATEL VS STATE].
"Implication of Amendments" - Amendments or revisions under Section 5 should be made transparently and based on empirical data; unilateral or opaque revisions may be invalidated [VISHNUBHAI NATWARLAL PATEL VS STATE].
"Relation to Electoral Laws" - Section 5 works in conjunction with electoral laws and rules governing municipal elections, ensuring that delimitation and reservation policies are legally enforceable [M/S BHARTI AIRTEL LTD. VS STATE OF CHHATTISGARH].
"Alignment with Constitutional Principles" - The section's exercise must align with constitutional principles of equality, non-discrimination, and social justice, especially concerning reserved seats [AHMEDABAD MUNICIPAL CORPORATION VS GTL INFRASTRUCTURE LTD. ].
"Limitations on Power" - While broad, the power conferred is subject to constitutional limitations, including the requirement that reservations and delimitations are based on demographic data and legal standards [VISHNUBHAI NATWARLAL PATEL VS STATE].
"Procedural Safeguards" - Proper procedures, including public notices and opportunities for objections, are essential for validity of delimitation and reservation notifications issued under Section 5 [M/S BHARTI AIRTEL LTD. VS STATE OF CHHATTISGARH].
"Legal Challenges" - Decisions or notifications under Section 5 can be challenged in courts if they violate constitutional provisions or procedural fairness, ensuring checks and balances [AHMEDABAD MUNICIPAL CORPORATION VS GTL INFRASTRUCTURE LTD. ].
"Implication for Electoral Fairness" - Proper implementation of Section 5 ensures fair and equitable electoral representation, which is fundamental to democratic legitimacy at the municipal level [VISHNUBHAI NATWARLAL PATEL VS STATE].
"Role of Census Data" - The reliance on census data underscores the importance of accurate demographic information for delimitation and reservation, impacting the legitimacy of electoral arrangements [M/S BHARTI AIRTEL LTD. VS STATE OF CHHATTISGARH].
"Legal Consistency" - Section 5 must be read in harmony with other provisions of the Act and constitutional directives to ensure legal consistency and prevent arbitrary delimitation or reservation [AHMEDABAD MUNICIPAL CORPORATION VS GTL INFRASTRUCTURE LTD. ].
Note: The analysis is based on the provided sources, emphasizing the legal framework, constitutional principles, and judicial interpretations relevant to Section 5 of the Gujarat Provincial Municipal Corporations Act, 1949.
1 [5A. Constitution of Corporation pursuant to general election held first after inclusion of an area in a city.
(1) The provisions of this section shall have effect notwithstanding anything to the contrary contained in section 5 and any rules relating to elections.
(2) Where by a notification under sub-section (3) of section 3 the limits of any city are altered by the inclusion of any area therein at any time within a period of twelve months before the term of office of the councillors of the Corporation of such City elected at a general election is due to expire under sub-section (1) of section 6 or at any time within a period of twelve months before the period of supersession of the Corporation of such City under section 452 is due to expire, the State Government may, by a notification in the Official Gazette, declare that the Corpora
1[6. Term of office of councillors after general elections
(1) Councillors elected at general election under this Act shall, subject to the provisions thereof, hold office for a term of2[five years] which may be extended by the3[State] Government by notification in the Official Gazette to a term not exceeding in the aggregate4[six years] for reasons which shall be stated in the notification :
Provided that before such notification is published the3[State] Government shall invite and consider objections, if any, from persons entitled to vote at an election under this Act.
(2) The term of office of such councillors shall be deemed to commence on the date of the first meeting called by the Commissioner under the provisions of the rules.
5[(3) The term
Section 6 of the Gujarat Provincial Municipal Corporations Act, 1949, pertains to the powers and procedures related to the declaration of a municipal area as a larger urban area and the subsequent formation of a municipal corporation. It provides a legal framework for the transition from smaller urban areas or municipal councils to a full-fledged municipal corporation, including the process of issuing notifications, inviting objections, and formalizing the change in status.
Section 6 authorizes the State Government to declare a smaller urban area as a larger urban area, which shall form a municipal corporation. It involves a process that includes:
The section also provides for the procedure to be followed after the declaration, including the constitution of the corporation, election of councillors, and administrative arrangements.
Section 6 applies to areas that are to be upgraded from a smaller urban or municipal area to a municipal corporation. It governs the procedural aspect of such declaration, ensuring transparency, public participation, and adherence to constitutional mandates. The section also interacts with other provisions related to the constitution and functioning of municipal bodies, urban planning, and local governance.
Section 6 itself primarily deals with procedural declaration, and does not specify punitive measures. Violations of the procedures prescribed, such as non-publication or failure to invite objections, may attract legal challenges or quashing of notifications. Penalties or consequences for procedural lapses are generally governed by the broader statutory framework, including judicial review under constitutional provisions.
This legal commentary synthesizes the relevant provisions, judicial interpretations, and procedural safeguards pertaining to Section 6 of the Gujarat Provincial Municipal Corporations Act, 1949, emphasizing the importance of lawful, transparent, and constitutional compliance in declaring areas as municipal corporations.
Any councillor may resign his office at any time by notice in writing to the Commissioner and, on such notice being given, his office shall become vacant as from the date of the notice.
1[7A. Provision for appointment of administrator after expiry of normal term of office of Councillors
(1) Where the term of office of the Councillors has expired, the State Government shall by order published in the Official Gazette, direct that--
(a) such person as may be appointed by the State Government from time to time shall be the Administrator to manage the affairs of the Corporation, during the period from the date specified in the order upto the day immediately preceding the date of the meeting referred to in sub-section (2) of section 6 (hereinafter in this section referred to as "the said period"), in which the Mayor is elected;
(b) general election for reconstitution of the Corporation shall be held within such period not exceeding two and half years in the aggregate as may be spec
(1) Subject to the provisions of any other law for the time being in force and to the provisions of section 17, every person who--
(a) is a citizen of India1* * * * * ;
(b) has attained the age of2[18 years] on the first day of January of the year for which the municipal election roll is being prepared; and
(c) has the requisite residence, business premises or taxation qualification,
shall be entitled to be enrolled in such roll as a voter of a ward :
Provided that no such person who has been adjudged by a competent Court to be of unsound mind shall be entitled to be enrolled in such roll.
(2) A person shall be deemed to have the requisite residence qualificati
(1) Subject to the provisions of this Act, a person who is enrolled in the municipal election roll as a voter for a ward shall be qualified to be a councillor and to be elected either from such ward or from any other ward.
(2) Any person who ceases to be a councillor shall, if qualified under sub-section (1), be eligible for re-election as such.
(1) Subject to the provisions of sections 13,17 and 404, a person shall be disqualified for being elected and for being a councillor if such person--
1[(a-1) has been convicted of an offence under the Protection of Civil Rights Act, 1955[Act 22 of 1955], unless a period of five years has elapsed, since his release from imprisonment; ]
(a) has been sentenced by any court to imprisonment or whipping2[for an offence under any other law for the time being in force ] involving moral turpitude and punishable with imprisonment for a term exceeding six months or to transportation, such sentence not having been subsequently reversed or quashed, or to death, such sentence having been subsequently commuted to transportation or imprisonment :
Provided that, on the expiry of such sentence, the disqualifica
A councillor shall cease to hold office as such if at any time during his term of office he--
(a) becomes disqualified for being a councillor by reason of the provisions of section 10;
(b) absents himself during three successive months from the meetings of the Corporation, except from temporary illness or other cause to be approved by the Corporation;
(c) absents himself from1[ * * *] the meetings of the Corporation during six successive months from any cause whatever, whether approved by the Corporation or not; or
(d) acts as a councillor or as a member of any committee of the Corporation by voting on or taking part in the discussion of, or asking any question concerning any matter in which lie has directly or indirectly by himself or his partner a
(1) If any doubt or dispute arises whether a councillor has ceased to hold office as such under section 11, such councillor or any other councillor may, and, at the request of the Corporation, the Commissioner shall, refer the question to the Judge.
(2) On a reference being made to the Judge under sub-section (1) such councillor shall not be deemed to be disqualified until the Judge after holding an inquiry in the manner provided by or under this Act determines that he has ceased to hold office.
(1) The1 [State] Government may, on the recommendation of the Corporation supported by the vote of not less than three-fourths of the whole number of councillors, remove from office with effect from such date as may be specified in the order of removal any councillor elected under this Act, if it is satisfied that such councillor has been guilty of misconduct in the discharge of his duty or of any disgraceful conduct or has become incapable of performing his duties as a councillor :
Provided that no recommendation shall be made by the Corporation under this section unless the councillor to whom it relates has been given a reasonable opportunity of showing cause why such recommendation should not be made.
(2) A person who has been removed from office under sub-section (1) shall be disqualified for being elected and for being a councillor
Elections of councillors shall be held in accordance with the rules.
(1) In the event of non-acceptance of office by a person elected to be a councillor, or of the death, resignation, disqualification or removal of a councillor during his term of office, there shall be deemed to be a casual vacancy in the office, and such vacancy shall be filled as soon as conveniently may be, and, in any case, within three months of the date on which it is known that such vacancy has occurred, by the election of a person thereto, who shall hold office so long only as the councillor in whose place he is elected would have been entitled to hold it if the vacancy had not occurred:
Provided that no election shall be held for the filling of a casual vacancy if general elections are due to be held within six months of the occurrence of the vacancy.
(2) The provisions of section 18 shall apply to an election held for the fillin
(1) If the qualification of any person declared to be elected a councillor is disputed, or if the validity of any election is questioned, whether by reason of the improper rejection by the Commissioner of a nomination or of the improper rejection or refusal of a vote, or by reason of a material irregularity in the election proceedings corrupt practice, or any other thing materially affecting the result of the election, any person enrolled in the municipal election roll may at any time within ten days after the result of the election has been declared, submit an application to the Judge for the determination of the dispute or question.
(2) The1[State] Government may, if it has reason to believe that an election has not been a free election by reason of the large number of cases in which undue influence or bribery has been exercised or committed, by order in writing, authorise any of
Any person who has been convicted of an offence under section 171E or 171F of the Indian Penal Code, (XLV of 1860). or has been disqualified from exercising any electoral right for a period of not less than five years on account of malpractices in connection with an election shall be disqualified for a period of five years from the date of such conviction or disqualification from voting at any ward election in the City.
(1) If at any general elections or an election held to fill a casual vacancy, no councillor is elected or an insufficient number of councillors are elected or the election of any or all of the councillors is set aside under this Act and there is no other candidate or candidates who can be deemed to be elected in his or their place, the Commissioner shall appoint another day for holding a fresh election and a fresh election shall be held accordingly.
(2) A councillor elected under this section shall be deemed to have been elected to fill a casual vacancy under section 15.
(1) The Corporation shall at its first meeting after general elections and at its first meeting in the same month in each succeeding year elect from amongst the councillors one of its member to be the Mayor and another to be the Deputy Mayor.
(2) The Mayor and the Deputy Mayor shall hold office until a new Mayor and a new Deputy Mayor have been elected under sub-section (1) and, in a year in which general elections have been held, shall do so notwithstanding that they have not been returned as councillors on the results of the elections.
(3) A retiring Mayor or Deputy Mayor shall be eligible for re-election to either office.
(4) The Deputy Mayor may resign his office at any time by notice in writing to the Mayor and the Mayor may resign his office at any time by notice in writing to the Corpor
1[Honoraria, fees and allowances,
(1) With the previous sanction of the State Government, the Corporation may pay each councillor such honoraria, fees or other allowances as may be prescribed by rules made by the Corporation under this section.
(2) The Corporation shall place at the disposal of the Mayor annually such sum not exceeding Rs. 3000 by way of sumptuary allowance as it may determine.
(3) Notwithstanding anything contained in section 10, the receipt by a councillor of any honorarium, fee or allowance as aforesaid shall not disqualify any person for being elected or being a councillor.]
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1. This heading and section 19A were inserted by Bom. 80 of 1958, section 2.
(1) The Standing Committee shall consist of twelve councillors.
(2) The Corporation shall at its first meeting after general elections appoint twelve persons out of its own body to be members of the Standing Committee.
(3) One-half of the members of the Standing Committee shall retire every succeeding year at noon on the first day of the month in which the first meeting of the Corporation mentioned in sub-section (2) was held :
Provided that all the members of the Standing Committee in office when general elections are held shall retire from office on the election of a new Committee under sub-section (2).
(4) The members who shall retire under sub-section (3) one year after their election under sub-section (2) shall be selected by lot at such time p
(1) The Standing Committee shall at its first meeting after its appointment under sub-section (2) of section 20 and at its first meeting in the same month in each succeeding year appoint one of its own member to the Chairman.
(2) The Chairman shall hold office until his succeessor has been appointed under sub-section (1) but shall be eligible for reappointment.
(3) Notwithstanding the provisions of sub-sections (1) and (2) the Chairman shall vacate office as soon as he ceases to be a member of the Committee.
(4) If any casual vacancy occurs in the office of the Chairman, the Standing Committee shall, as soon as conveniently may be after the occurrence of the vacancy, appoint one of its members to fill such vacancy and every Chairman so appointed shall continue in office so long only as the per
Any member of the Standing Committee who absents himself during two successive months from the meeting of the Committee, except on account of temporary illness or other cause to be approved by the Committee, or absents himself from, or is unable to attend, the meetings of the Committee during four successive months from any cause whatever, whether approved by the Committee or not, shall cease to be a member of the Standing Committee and his seat shall thereupon be vacant.
In the event of non-acceptance of office by a councillor appointed to be a member of the Standing Committee or of the death or resignation of a member of the said Committee or of his becoming incapable of acting previous to the expiry of his term of office or of his seat becoming vacant under section 22 or on his ceasing to be a councillor, the vacancy shall be filled up, as, soon as it conveniently may be, by the appointment of person thereto, who shall hold office so long only as the member in whose place he is appointed would have been entitled to hold it, if the vacancy had not occurred.
(1) The Standing Committee may, from time to time, by a resolution carried by the vote of at least two-thirds of its members present at the meeting, delegate to any Special Committee appointed under section 30 any of its powers and duties in respect of any matter with which such Special Committee is competent to deal, or refer to any such Committee any such matter for disposal or report and every such Special Committee shall conform to any instructions that may from time to time be given to it by the Standing Committee in this behalf :
Provided that every such resolution shall be reported by the Standing Committee to the Corporation as soon as possible, and the Corporation may at any time cancel such resolution.
(2) The Standing Committee may, subject to the rules, by a specific resolution in this behalf delegate any of its powers and du
(1) In the event of the Corporation acquiring or establishing a Transport Undertaking there shall be a Transport Committee consisting of nine members for the purpose of conducting the said undertaking in accordance with the provisions of this Act and subject to the conditions and limitations as are contained therein.
(2) The Corporation shall at its first meeting after a Transport Undertaking is acquired or established appoint eight members of the Transport Committee from among persons who in the opinion of the Corporation have had experience of, and shown capacity in, administration or transport or in engineering, industrial, commercial, financial or labour matters and who may or may not be councillors.
(3) A person shall be disqualified for being appointed, and for being a, member of the Transport Committee if, under the provisions of
(1) Any person who, having been appointed a member of the Trans-port Committee,--
(a) becomes disqualified for being a member of the Committee under the provisions of sub-section (3) of section 25, or
(b) acts as a member of the Committee by voting or taking part in the discussion of or asking any question concerning any matter in which he has directly or indirectly, by himself or his partner, any such share or interest as is described in clause (b) of sub-section (2) of section 10 or in which he is professionally interested on behalf of a client, principal or other person, or
(c) absents himself during two successive months from the meetings of the Committee except from temporary illness or other cause to be approved by the Committee, or
(d) absent
(1) The Transport Committee shall at its first meeting after its appointment under sub-section (2) of section 25 and at its first meeting in the same month in each succeeding year appoint one of its number to be the Chairman.
(2) The Chairman shall hold office until his successor has been appointed under sub-section (1) but shall be eligible for reappointment.
(3) Notwithstanding the provisions of sub-sections (1) and (2) the Chairman shall vacate office as soon as he ceases to be a member of the Committee.
(4) In the event of the office of Chairman falling vacant previous to the expiry of his term the Committee shall, as soon as conveniently may be after the occurrence of the vacancy, appoint one of its member to fill such vacancy and the Chairman so appointed shall hold office so long only a
The Chairman and members of the Transport Committee shall be paid such conveyance charges for attending meetings of the Committee as may be prescribed by rules.
(1) The Transport Committee may from time to time appoint out of its-own body sub-committees consisting of such number of persons as the Committee thinks fit.
(2) The Committee may by specific resolution carried by the vote of at least two-thirds of its members present at the meeting delegate any of its powers and duties to a sub-committee and may also by a like resolution define the sphere of business of such sub-committee.
(3) The Committee may refer to a sub-committee appointed under sub-section (1) for inquiry and report or for opinion any matter with which the Committee is competent to deal.
(1) The Corporation may from time to time appoint out of its own body, Special Committees which shall conform to any instructions that the Corporation may from time to time give them.
(2) The Corporation may by specific resolution passed by the vote of not less than two-thirds of the councillors present and voting at a meeting of the Corporation define the sphere of business of each Special Committee and direct that all matters and questions included in any such sphere shall in the first instance be placed before the appropriate Committee and shall be submitted to the Corporation with such Committee's recommendation; and the Corporation may also by a like resolution delegate any of its powers and duties to specified Special Committees.
(3) Every Special Committee shall appoint two of its n umber to be its Chairman and Deputy Chairman :
(1) The Corporation may from time to time appoint out of its own body such ad hoc Committees consisting of such number of councillors as it shall think fit, and may refer to such Committees for inquiry and report or for opinion, such special subjects relating to the purposes of this Act as it shall think fit, and direct that the report of any such committee shall be submitted through the Standing Committee or a Special Committee constituted under section 30.
(2) An ad hoc Committee appointed under sub-section (1) may, with the previous sanction of the Corporation, co-opt not more than two persons who are not councillors but who in the opinion of the Committee possess special qualifications for serving thereon.
Joint Committees
(1) The Corporation may from time to time join with a local authority or with a combination of local authorities--
(a) in appointing a joint committee out of their respective bodies for any purpose in which they are jointly interested, and in appointing a chairman of such committee;
(b) in delegating to any such committee power to frame terms binding on each such body as to the construction and future maintenance of any joint work, and any power which might be exercised by any of such bodies; and
(c) in framing and modifying rules for regulating the proceedings of any such committee in respect of the purpose for which the committee is appointed.
(2) Where the Corporation has requested the
No act or proceedings of the Corporation or of any committee or subcommittee appointed under this Act shall be questioned on account of any vacancy in its body.
No disqualification of, or defect in, the election or appointment of any person acting as a councillor, as the Mayor or the Deputy Mayor or the presiding authority of the Corporation or as the Chairman or a member of any Committee or sub-committee appointed under this Act shall be deemed to vitiate any act or proceeding of the Corporation or of any such Committee or sub-committee, as the case may be, in which such person has taken part, provided the majority of the persons, who were parties to such act or proceedings were entitled to act.
Until the contrary is proved, every meeting of the Corporation or of a Committee or sub-committee in respect of the proceedings whereof a minute has been made and signed in accordance with this Act or the rules shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly qualified; and where the proceedings are proceedings of a Committee or sub-committee, such Committee or sub-Committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute.
(1) The Commissioner shall from time to time be appointed by the1[State] Government.
(2) The Commissioner shall in the first instance hold office for such period not exceeding three years as the1[State] Government may fix and his appointment may be renewed from time to time for a period not exceeding three years at a time.
(3) Notwithstanding the provisions of sub-section (2) the Commissioner may at any time, if he holds a lien on the service of the2[Government] be recalled to such service after consultation with the Corporation and may further at any time be removed from office by the1[State] Government for incapacity, misconduct or neglect of duty and shall forthwith be so removed if at a meeting of the Corporation not less than five-eighths of the whole number of councillors vote in favour of a resolution requiring his removal.
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(1) The Commissioner shall receive from the Municipal Fund such monthly salary and allowances as the1[State] Government may from time to time after consultation with the Corporation determine :
Provided that the salary of the Commissioner shall not be altered to his disadvantage during the period for which his appointment has been made or renewed.
(2) The Commissioner shall devote his whole time and attention to the duties of his office as prescribed in this Act or in any other law for the time being in force and shall not engage in any other profession, trade or business whatsoever :
Provided that he may with the sanction of the Corporation serve on any committee constituted for the purpose of any local inquiry or for the furtherance of any object of local importance or interest.
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(1) The1[State] Government may from time to time with the assent of the Standing Committee grant leave of absence to the Commissioner for such period as it thinks fit.
(2) The allowances to be paid to the Commissioner while absent on leave shall be of such amount not exceeding his salary, as shall be fixed by the1[State] Government and shall, unless the Commissioner is a salaried servant of the2[Government], be paid from the Municipal Fund :
Provided that, if the Commissioner is a salaried servant of the2[Government] the amount of such allowance shall be regulated by the rules for the time being in force relating to the leave allowances of salaried servants of the2[Government] of his class.
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1. This word was substituted for the
During the absence on leave or other temporary vacancy in the office of the Commissioner, the1[State] Government may appoint a person to act as the Commissioner and every person so appointed, shall exercise the powers and perform the duties conferred, and imposed by this Act or any other law for the time being in force on the Commissioner and shall be subject to all the liabilities, restrictions and conditions to which the Commissioner is liable and shall receive such monthly salary not exceeding the salary for the time being payable to the Commissioner as the1[State] Government shall determine.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
(1) In the event of the Corporation acquiring or establishing a Transport Undertaking the Corporation shall, subject to the approval of the1[State] Government, appoint a fit person to be the Transport Manager of the Transport Undertaking.
(2) The Transport Manager shall receive such monthly salary and allowances as the Corporation shall from time to time, with the approval of the1[State] Government determine :
Provided that the salary of the Transport Manager shall not be altered to his disadvantage during his period of office.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
(1) Leave of absence may be granted from time to time to the Transport Manager by the Transport Committee with the assent of the Corporation.
(2) The allowance to be paid to the Transport Manager whilst so absent on leave shall be of such amount, not exceeding the amount of his salary, as shall be fixed by the Corporation.
(3) During the absence on leave or other temporary vacancy in the office of the Transport Manager the Transport Committee, with the assent of the Corporation, may appoint a person to act as Transport Manager; every person so appointed shall exercise the powers and perform the duties conferred and imposed on the Transport Manager and shall be subject to the same liabilities, restrictions and conditions to which the Transport Manager is liable and shall receive such monthly salary, not exceeding the salary for the time b
Disqualifications of the Commissioner
(1) No person shall be qualified to be appointed or to be the Commissioner if he has, directly or indirectly, by himself or his partner, any share or interest in any contract with, by or on behalf of, the Corporation or in any employment with, by or on behalf of the Corporation other than as Commissioner.
(2) Any Commissioner who shall acquire, directly or indirectly, by himself or his partner, any share or interest in any such contract or employment as aforesaid shall cease to be Commissioner and his office shall become vacant.
(3) Nothing in this section shall apply to any such share or interest in any contract or employment with, by or on behalf of the Corporation as, under sub-clause (ii) or (iv) of clause (b) of sub-section (2) of section 10 it is per
(1) The meetings of the Corporation, the Standing Committee, the sub-committees of the Standing Committee, the Transport Committee, the sub-committees of the Transport Committee, Special Committees and ad hoc Committees shall be held and the business before them shall be disposed of in the manner prescribed by rules.
(2) The Commissioner shall have the same right of being present at a meeting of the Corporation and of taking part in the discussions thereat as a councillor, and, with the permission of the presiding authority, may at any time make a statement or explanation of facts, but he shall not be at liberty to vote upon, or to make, any proposition at such meeting.
(3) The Corporation may require any of its officers to attend any meeting or meetings of the Corporation at which any matter dealt with by such officer in the course of h
A councillor may, subject to the conditions prescribed by rules, ask questions on any matter relating to the administration of this Act or the municipal government of the City.
(1) The Corporation shall from time to time appoint fit persons to be City Engineer, Medical Officer of Health, Municipal Chief Auditor and Municipal Secretary.
(2) The Corporation may from time to time with the approval of the1[State] Government create an appointment of Deputy Municipal Commissioner or an appointment of Assistant Municipal Commissioner or so many such appointments as it considers necessary, and may appoint a fit person or fit persons to such appointments.
(3) An officer appointed under this section shall have such qualifications as may be prescribed under the rules and shall receive such monthly salary and allowances as the Corporation may with the approval of the1[State] Government from time to time fix :
Provided that the salary of no officer shall be altered to his disadva
The City Engineer and the Medical Officer of Health shall perform such duties as they are directed by or under this Act to perform and such other duties as may be required of them by the Commissioner.
(1)The Municipal Chief Auditor shall--
(a)perform such duties as he is directed by or under this Act to perform and suchother duties with regard to the audit of the accounts of the Municipal Fund asshall be required of him by the Corporation or by the Standing Committee andwith regard to the audit of the accounts of the Transport Fund as shall berequired of him by the Transport Committee;
(b)prescribe, subject to such directions as the Standing Committee may from time totime give, the duties of the auditors and assistant auditors, clerks andservants immediately subordinate to him; and
(c)subject to the orders of the Standing Committee, exercise supervision andcontrol over the acts and proceedings of the said auditors, assistant auditors,clerks and servants and, subject to the regulations, disp
TheMunicipal Secretary shall be the Secretary of the Corporation and also of theStanding Committee and shall--
(a)perform such duties as he is directed by or under this Act to perform and suchother duties in and with regard to the Corporation and the Standing Committee asshall be required of him by those bodies respectively;
(b)have the custody of all papers and documents connected with the proceedings of--
(i)the Corporation and any Committee appointed by the Corporation under section 30or 31,
(ii)the Standing Committee and any sub-committee thereof;
(c)prescribe, subject to such directions as the Standing Committee may from time totime give, the duties of the officers and servants immediately subordinat
(1) A Deputy Municipal Commissioner op Assistant Municipal Commissioner shall, subject to the orders of the Commissioner, exercise such of the powers and perform1[such of the duties of the Commissioner, including powers and duties of a judicial or quasi-judicial nature] as the Commissioner shall from time to time depute to him :
Provided that the Commissioner shall inform the Corporation of the powers and duties which he from time to time deputes to a Deputy Municipal Commissioner or Assistant Municipal Commissioner :
2[Provided further that nothing in this sub-section shall be deemed to empower the Commissioner to issue any order regulating the exercise of powers or performance of duties of a judicial or quasi-judicial nature deputed by him.]
(2) All acts and things performed and done by a De
(1) The Transport Manager and all officers appointed under section 45 shall, subject to the provisions of sub-section (2), devote their whole time and attention to the duties of their respective offices and shall not engage in any other profession, trade or business whatsoever.
(2) The Corporation may, subject to the regulations, permit the Transport Manager or any other officer referred to in sub-section (1) to perform while on duty or during leave a specified service or series of services for a, private person or body or for a public body, including a local authority or for the Government and to receive remuneration therefor.
(3) The Transport Manager or any other officer referred to in sub-section (1) shall be removable at any time from office for misconduct or for neglect of, or incapacity for, the duties of his office on the votes o
(1) Subject to the provisions of sub-section (4) the Standing Committee shall from time to time determine the number, designations, grades, salaries, fees, and allowances of auditors, assistant auditors, officers, clerks and servants to be immediately subordinate to the Municipal Chief Auditor and the Municipal Secretary respectively.
(2) The Commissioner shall, from time to time, prepare and bring before the Standing Committee a statement setting forth the number, designations and grades of the other officers and servants who should in his opinion be maintained; and the amount and nature of the salaries, fees and allowances, which he proposes should be paid to each.
(3) The Standing Committee shall, subject to the provisions of sub-section (4), sanction such statement either as it stands or subject to such modifications as it deems expe
No permanent officer or servant shall be entertained in any department of the municipal administration unless he has been appointed under section 40 or 45, or his office and emoluments are covered by sub-section (1) of section 51 or are included in the statement sanctioned under sub-section (3) of section 51 and for the time being in force.
(1) The power of appointing municipal officers, whether temporary or permanent, whose minimum monthly salary exclusive of allowances1[exceeds such amount as may be fixed in this behalf by the State Government, by a general or special order, from time to time in the case of each Corporation] shall vest in the Corporation:
Provided that temporary appointments for loan works carrying2[a minimum monthly salary, exclusive of allowances of the amount as so fixed by the State Government] may be made for a period of not more than six months by the Commissioner with the previous sanction of the Standing Committee on condition that every such appointment shall forthwith be reported by the Commissioner to the Corporation and no such appointment shall be renewed an the expiry of the said period of six months without the previous sanction of the Corporation.
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(1) There shall be a Staff Selection Committee consisting of the Commissioner or any other officer designated by him in this behalf, the Municipal Chief Auditor, the Head of the Department concerned and not more than one other officer nominated by the Commissioner.
(2) The Staff Selection Committee shall, in the manner prescribed in the rules, select candidates for all appointments in the municipal service other than appointments referred to in sub-section (1) of section 53 and other than those which the Corporation may, with the previous approval of the1[State] Government, by order specify in this behalf, unless it is proposed to fill the appointment from amongst persons already in municipal service or unless the appointment is of a temporary character and is not likely to last for more than six months.
(3) Every authority competent to
Nothing in sections 51, 52 and 53 shall apply to officers and servants appointed under the provisions of Chapter XX.
Imposition of penalties
(1) A competent authority may subject to the provisions of this Act, impose any of the penalties specified in sub-section (2) on a municipal officer or servant if such authority is satisfied that such officer or servant is guilty of a breach of departmental rules or discipline or of carelessness, neglect of duty or other misconduct or is incompetent:
Provided that--
(a) no municipal officer or servant whose monthly salary, exclusive of allowances, 1 [exceeds such amount as may be fixed in this behalf, by a general or special order, by the State Government in the case of each Corporation] shall be dismissed by the Commissioner without the previous approval of the Standing Committee;
(b) any officer appointed by the Corporation
(1) Leave of absence may be granted subject to the regulations by the Commissioner to any municipal officer or servant whom ho has the power of appointing and for a period not exceeding one month to any other municipal officer, other than, the Transport Manager, officers and servants immediately subordinate to the Municipal Chief Auditor or the Municipal Secretary and officers and servants appointed under Chapter XX.
1[(2) Leave of absence for a period not exceeding one month may be granted by the Municipal Chief Auditor or the Municipal Secretary, as the case may be, to an officer or servant, immediately subordinate to him and receiving a monthly salary, exclusive of allowances, not exceeding such amount as may be fixed in this behalf, by a general or special order, by the State Government in the case of each Corporation.]
(3) Leave of
(1) The appointment of a person to act in the place of an officer absent on leave may be made when necessary and subject to the regulations by the authority granting the leave of absence :
Provided that--
(a) when an officer appointed under section 45 is granted leave of absence for a period exceeding one month, the appointment of a person to act for him shall be made by the Corporation and, excepting an appointment to act for the Municipal Secretary, shall be reported forthwith to the1[State] Government;
(b) any appointment reported to the1[State] Government under clause (a) may be disallowed by it and from the time of being so disallowed shall be null and void as from the date of the receipt by the Corporation of the order of the1[State] Government.
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(1) Any person who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, by, or on behalf of the Corporation, or in any employment with, by, or on behalf of the Corporation other than as a municipal officer or servant, shall be disqualified for being a municipal officer or servant.
(2) Any municipal officer or servant who shall acquire, directly or indirectly, by himself or his partner, any share or interest in any such contract or employment as aforesaid shall cease to be a municipal officer or servant and his office shall become vacant.
(3) Nothing in this section shall apply to any such share or interest in any contract or employment with, by, or on behalf of the Corporation as under sub-clause (ii) or (iv) of clause (b) of sub-section (2) of section 10, it is permissible for a councillor
(1) Any municipal officer or servant occupying any premises provided by the Corporation for his residence--
(a) shall all occupy the same subject to such conditions and terms as may, generally or in special cases, be prescribed by the Corporation, and
(b) shall, notwithstanding anything contained in any law for the time being in force, vacate the same on his resignation, dismissal, removal or retirement from the service of the Corporation or whenever the Commissioner, with the approval of the Corporation, thinks it necessary and expedient to require him to do so.
(2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so, the Commissioner may order such person to vacate such premises and may take such measures as will prevent him from remaining on or
1[60A. Provident Fund to be deposited in Government Treasury
(1) Where the corporation has established a provident fund for the benefit of any of its officers and servants, such fund shall, notwithstanding anything contained in any law for the time being in force, be deposited in the State Government treasury in accordance with such directions as the State Government may, from time to time, by an order in writing give and thereupon,--
(i) the subscriber to the fund shall be entitled to interest on the balance in his provident fund account at the same rate, at which the State Government servant is for the time being entitled to on the balance in his provident fund account, and
(ii) the rules for the time being in force relating to the limits of withdrawals from the provident fund as applicable
(1) No member of an essential service shall,--
(a) without the written permission of the Commissioner or any officer authorised by him in this behalf, resign his office, withdraw or absent himself from the duties thereof without at least two months' notice given in writing to the Commissioner, except in the case of illness or accident disabling him for the discharge of his duties, or other reason accepted as sufficient by the Commissioner or such officer, or
(b) neglect or refuse to perform his duties or wilfully perform them in a manner which, in the opinion of the Commissioner or such officer, is inefficient.
(2) With reference to a member of an essential service who is appointed under Chapter XX, the provisions of this section shall apply as if for the word "Commissioner" the words "Transpo
If the1[State] Government is of the opinion that the stoppage or the cessation of the performance of any of the essential services will be prejudicial to the safety or health or the maintenance of services essential to the life of the community in the City, it may, by notification in the Official Gazette, declare that an emergency exists in the City and that in consequence thereof no member of such of the essential services and for such period as may be specified in the notification shall, notwithstanding any law for the time being in force or any agreement,--
(a) withdraw or absent himself from his duties except in the case of illness or accident disabling him from the discharge of his duties, or
(b) neglect or refuse to perform his duties or wilfully perform them in a manner which in the opinion of such officer as the1[State] Governmen
1 [(1)] It shall be incumbent on the Corporation to make reasonable and adequate provision, by any means or measures which it is lawfully competent to it to use or to take, for each of the following matters, namely:--
(1) erection of substantial boundary marks of such description and in such position as shall be approved by the 2 [State] Government defining the limits or any alteration in the limits of the City;
(2) the watering, scavenging and cleansing of all public streets and places in the city and the removal of all sweepings therefrom;
(3) the collection, removal, treatment and disposal of sewage, offensive matter and rubbish and, if so required by the 2 [State] Government, the preparation of compost manure from such sewage, offensive matter and rubbish;
The Corporation shall make payments at such rates and subject to such conditions as the1[State] Government from time to time by general or special order prescribes, for the maintenance and treatment in any institution which the1[State] Government declares by notification in the Official Gazette to be suitable for the purpose either within or without the City and for other necessary expenses of persons undergoing anti-rabic treatment as indigent persons according to the rules applicable to such institutions :
Provided that the Corporation shall not be liable under this section for the maintenance, treatment and other expenses of any person undergoing anti-rabic treatment as an indigent person in any such institution as aforesaid, unless such person immediately previous to his admission thereto has been resident in the City for at least one year and has proceeded to such institution
(1) The Corporation shall make payments at such rates for each person as the1[State] Government from time to time by general or special order prescribes for the maintenance and treatment at any asylum, hospital or house, within or without the City, which the1[State] Government declares by notification in the Official Gazette to be suitable for the purpose of pauper lunatics, not being persons for whose confinement an order under Chapter XXXIV of the Code of Criminal Procedure, 1898, (V of 1898.) is in force and of lepers resident within, or under any enactment for the time being in force removed from the City:
Provided that the Corporation shall not be liable under this section for the maintenance and treatment of any lunatic or leper in any such asylum, hospital or house as aforesaid, unless such lunatic or leper immediately previous to his admission thereto has been resident in t
The Corporation may, in its discretion, provide from time to time, either wholly or partly, for all or any of the following matters, namely :--
(1) the organisation, maintenance or management of institutions within or without the City for the care of persons who are infirm, sick or incurable, or for the care and training of blind, deaf, mute or otherwise disabled persons or of handicapped children;
(2) the organisation, maintenance or management of maternity and infant welfare houses or centres;
(3) the provision of milk to expectant or nursing mothers or infants or school children;
(4) the organisation, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs, for the detection of
Legal Comments
Introduction - Gujarat Provincial Municipal Corporations Act, 1949 (GPMC Act) governs municipal corporations in Gujarat and contains provisions on elections, property, taxation, town planning, and governance; many cited cases interpret its sections and their interaction with other statutes (e.g., Land Acquisition Act, Town Planning Act) and the Indian Constitution. [Sources: DUNGARLAL HARICHAND VS STATE; Sholapur Municipal Corporation and Anr. VS Ramkrishna V. Relekar and Anr. ; Parmar Samantsinh Umedsinh VS State of Gujarat]
Section 66 - Essential Ingredients - Section 66 grants the Corporation discretionary power to provide various facilities or undertake measures for public welfare, including drainage, public health, safety, and related matters; it also supports establishment/maintenance of amenities and supports flexible action within statutory limits. [Source: DUNGARLAL HARICHAND VS STATE]
Section 66 - Scope - The section envisages discretionary acts by the Corporation in public interest, subject to other statutory constraints (e.g., rules, other Acts, constitutional limits). It is frequently invoked to justify municipal undertakings like environmental preservation, public amenities, and regulatory actions in land/streets contexts, but cannot override mandatory procedural requirements or higher statutory commands. [Sources: DUNGARLAL HARICHAND VS STATE; Mohanlal Nanabhai Choksi (Dead) by L. Rs. VS State of Gujarat; Mohanlal Nanabhai Choksi (Dead) by L. Rs. VS State of Gujarat Para 34]
Penalty provisions under Section 66 - There is no direct criminal penalty in Section 66 itself; penalties/discipline of officers arise under related provisions (e.g., Sections 56, 57) and other statutes. Misuse or ultra vires reliance on Section 66 can be challenged for legality, procedural fairness, or violation of constitutional rights. [Sources: DUNGARLAL HARICHAND VS STATE; (general BPMC references)]
Scope of Section 66 in land/streets acquisitions - Courts have considered Section 66 in confluence with land acquisition and development schemes; acquisition powers and related powers (e.g., Sections 77, 78) interact with Land Acquisition Act and other Acts; the proper exercise requires adherence to statutory procedures and consideration of public purpose. [Sources: Harakchand Misirimal Solanki (Waghresea) Chief Promotor Mohant View C-Operative, Housing Society VS The Collector, Collector Office, Land Acquisition Branch; DUNGARLAL HARICHAND VS STATE; Kanaiyalal Maneklal Chinai VS State Of Gujarat]
Interaction with Land Acquisition Act - In cases where the Corporation intends to acquire land for public purposes under Sections 77-78 and 66, the Land Acquisition Act procedures apply; courts emphasize that acquisition must be for a public purpose and follow statutory steps, with gov orders and compliance. [Sources: Harakchand Misirimal Solanki (Waghresea) Chief Promotor Mohant View C-Operative, Housing Society VS The Collector, Collector Office, Land Acquisition Branch; DUNGARLAL HARICHAND VS STATE; Kanaiyalal Maneklal Chinai VS State Of Gujarat]
Interaction with Town Planning Act and Urban Development Act - Town Planning/Urban Development Acts can influence schemes, and government decisions to include or exclude land for development must align with constitutional obligations and fair hearing. Court decisions stress compatibility and non-conflict with other statutes. [Sources: DUNGARLAL HARICHAND VS STATE; S. A. MORI VS STATE]
Public hearing and notice requirements - Several judgments emphasize that when the proposed Line/road or development affects private properties, due process, hearing, and objections are necessary; failure can render actions void or require reconsideration. Section 210(1)(a) and related hearing obligations are read with constitutional protections. [Sources: KILLOL V. SHELAT VS MUNICIPAL CORPORATION OF CITY OF AHMEDABAD; DUNGARLAL HARICHAND VS STATE]
Constitutional framing - Several judgments analyze Articles 14 (equality before law), 19(1)(g) (property), 21 (life with dignity), 243R/243S rights, and the public trust doctrine; heritage, environment, and public rights are treated as part of the statutory framework when evaluating municipal actions under BPMC and Gujarat amendments. [Sources: Parmar Samantsinh Umedsinh VS State of Gujarat; Heritage Trust VS Union Of India; Heritage Trust VS Union Of India]
Property tax and Section 145A (mobile towers) - Section 145A, as amended in Gujarat, deals with property tax on mobile towers; courts have held that tax can be levied as per the act’s provisions (e.g., weight on occupier vs. owner) and that the eligibility of towers for tax depends on the relevant definitions; this demonstrates the dynamic interaction of Section 145A with revenue provisions under GPMC Act. [Sources: Parmar Samantsinh Umedsinh VS State of Gujarat; ATC Telecom Tower Corporation Private Limited VS State of Gujarat; Farid Ahmed Abdul Samad VS Municipal Corporation Of City Of Ahmedabad]
Octroi and refunds/diversion - The Supreme Court and High Courts have struck down unjustified deductions or improper regime changes (e.g., octroi refunds and surcharges) where not properly authorized by statute or by proper procedure; Section 127, 141 etc., and Schedule rules govern such taxes; courts emphasize adherence to statutory procedure. [Sources: POONA CITY MUNICIPAL CORPORATION VS DATTATRAYA NAGESH DEODHAR; POONA CITY MUNICIPAL CORPORATION VS DATTATRAYA NAGESH DEODHAR; 01300002279]
Notice and suits for dismissal/removal - Notices to a Municipal Commissioner do not substitute for notices to the Corporation; if a suit is to be maintained, proper party/agency and proper notice must be given; otherwise, the suit may be dismissed. This reflects the need to properly identify the respondent authority under Sections 4, 5, 481, 487. [Sources: Bajirao Tukaram Manav VS Administrative Officer & another; Bajirao Tukaram Manav VS Administrative Officer & another; Narayandas Jaskaranji Rathi & others VS State of Maharashtra & another]
Eviction and property disputes - Sections enabling eviction from municipal premises are subject to self-contained remedies in the Act (appeal to appellate authority), and Civil Court jurisdiction is barred in certain eviction contexts; this illustrates the Act’s extensive remedial structure and limitation on civil actions. [Sources: Ulhasnagar Municipal Corporation VS Gulshan Contractors/ Enterprises; Kanaiyalal Maneklal Chinai VS State Of Gujarat]
Delimitation of wards and elections - Section 5(3)(iii)(a) and 29A, along with 2011 amendments and delimitation rules; constitutional challenges to multi-member wards have been addressed, with courts upholding non-ultrvires aspects but also recognizing the need for equal representation and preserving weaker sections’ participation; issues framed around Article 243R/243S and ward delimitation rules. [Sources: Parmar Samantsinh Umedsinh VS State of Gujarat; PANKAJSINH WAGHELA VS STATE ELECTION COMMISSION THROUGH ELECTION COMMISSIONER]
Street vending prosecutions and build-permission nexus - Supreme Court and High Court decisions emphasize that street vendors must be identified and granted certificates under Street Vendors Act, and that illegal permanent/constructions are not protected by 2014 Act; development/permitting regimes require compliance with GPMC Act provisions and Town Planning Act. [Sources: Bhaji Pav Thru . Proprietor Satish Nekram Patel VS Ahmedabad Municipal Corporation]
Environmental/heritage protection and Section 66(8A) - Courts have treated Section 66(8A) and related provisions in the context of heritage preservation, public trust, environmental protection, and fundamental duties; where development threatens heritage sites, courts direct adherence to constitutional requirements and public interest considerations. [Sources: Heritage Trust VS Union Of India; Ahmadbhai Allarakha Patel vs State Of Gujarat]
Tort/negligence responsibilities of Municipalities - Courts have held municipalities liable for negligence where there is a duty to maintain public structures (e.g., dilapidated walls); Section 264(1) imposes duties to remove dangerous structures; this complements Section 66’s discretionary powers with mandatory safety duties. [Sources: Ahmedabad Municipal Corporation VS Draupati Haribhai Koshti]
Proceedings and remedies against municipal actions - Many judgments emphasize that statutory remedies (writs, appeals under Section 406, etc.) are available and not to be circumvented; aggrieved parties should pursue the remedies provided under GPMC Act, and not file independent civil suits where barred. [Sources: Ghadia Kishor Harjibhai vs Jamnagar Municipal Corporation; Narayandas Jaskaranji Rathi & others VS State of Maharashtra & another]
Health and safety mandates in Section 66 - Section 66’s discretion includes welfare measures that align with public health and safety duties; courts consider the balance between development needs and safeguarding the public interest. [Sources: DUNGARLAL HARICHAND VS STATE; DUNGARLAL HARICHAND VS STATE]
Conclusion - Section 66 acts as a broad enabling provision to empower municipal governance in service of public welfare, while remaining subject to procedural rules, conformity with other statutes, constitutional protections, and the statutory remedy framework designed to protect property, heritage, and environment. The evolving case law demonstrates the need to harmonize Section 66 with due process, statutory schemes, and fundamental rights. [Sources: DUNGARLAL HARICHAND VS STATE; Harakchand Misirimal Solanki (Waghresea) Chief Promotor Mohant View C-Operative, Housing Society VS The Collector, Collector Office, Land Acquisition Branch; Parmar Samantsinh Umedsinh VS State of Gujarat]
(1) The respective functions of the several municipal authorities shall be such as are specifically prescribed by or under this Act.
(2) Except as otherwise expressly provided in this Act, the municipal Government of the City vests in the Corporation.
(3) Subject, whenever it is in this Act expressly so directed, to the approval or sanction of the Corporation or the Standing Committee and subject also to all other restrictions, limitations and conditions imposed by this Act or by any other law for the time being in force, the entire executive power for the purpose of carrying out the provisions of this Act and of any other Act for the time being in force which imposes any duty or confers any power on the Corpora-lion vests in the Commissioner, who shall also--
(a) perform all the duties and ex
Legal Comments
"Introduction" - Gujarat Provincial Municipal Corporations Act, 1949 (formerly BPMC Act) governs municipal corporations in Gujarat; Section 67 deals with penalties, fines, and enforcement related to offences under the Act and the power to compound certain offences; cited in various judgments addressing penalties, discipline, and procedural safeguards [DUNGARLAL HARICHAND VS STATE].
"What Section Says" - Section 67(3)(b) authorizes the Municipal Commissioner to impose punishments/disciplinary actions in certain proceedings; but compoundable/offences must align with statutory provisions and the CrPC; offenders cannot be punished for offences not legally compoundable; section is read in tandem with other sections and rules governing penalties, notices, and appeals [Sopan Genu Dhavale VS Pune Municipal Corporation & another], [Sholapur Municipal Corporation and Anr. VS Ramkrishna V. Relekar and Anr. ].
"Essential ingredients" - 1) Existence of a disciplinary or punitive proceeding under the BPMC/GPMC Act; 2) Show cause or notice under statutory rules; 3) Power to impose punishment by the Commissioner; 4) Compliance with due process, including hearing and statutory safeguards; 5) Consistency with CrPC limitations on compounding offences (non-compoundable offences cannot be compounded) [Sopan Genu Dhavale VS Pune Municipal Corporation & another], [Sholapur Municipal Corporation and Anr. VS Ramkrishna V. Relekar and Anr. ].
"Scope of Section" - Section 67 interacts with sections on disciplinary action (e.g., Sections 56, 81), appeals (Sections 406, 410, 493), and self-contained remedies under the BPMC/GPMC framework; it is not a general criminal justice provision but a municipal disciplinary authority power constrained by other statutory rules and prohibitions on compounding non-Indian-Penal-Code offences; interpretations consider constitutional equality (Article 14) and due process [Narayandas Jaskaranji Rathi & others VS State of Maharashtra & another], [MUNICIPAL CORPORATION OF THE CITY OF SHOLAPUR VS ANIL HANKARRAO BHAGWAT], [Bajirao Tukaram Manav VS Administrative Officer & another].
"Punishment for Section" - The section contemplates disciplinary outcomes (suspension, removal, fines) within municipal service; however, coercive penalties must follow statutory procedure; in several cases, courts underscored that punishment cannot exceed the scope of the Act and must respect natural justice; where improper/unauthorized punishments occurred, judgments quashed orders (e.g., Section 260 removals, personal- vs. Corporation-based actions) [Empire Construction and Hotel Company Limited VS Municipal Corporation of the City of Ahmedabad], [Sholapur Municipal Corporation and Anr. VS Ramkrishna V. Relekar and Anr. ], [ARUN SUBODHBHAI MEHTA VS BHAVNAGAR MUNICIPAL CORPORATION].
"Natural justice / breach implications" - Violations of natural justice in disciplinary proceedings under Section 53 (GPMC Act) and related rules can render actions void if inquiry or notices are defective; courts have stressed fair hearing and proper inquiry before disciplinary orders (e.g., dismissal cases under Section 53) [Navinchandra M. Acharya VS Municipal Commissioner], [CHANDRAKANT TUKARAM NIKAM VS MUNICIPAL corporation OF THE CITY OF AHMEDABAD].
"Procedure for show-cause and notices" - Show-cause notices must be issued with proper jurisdiction and within the powers of the Municipal Commissioner; improper or pre-approval requirements in notices can render them invalid; court rulings have quashed or remanded when the process failed to meet statutory prerequisites [Narayandas Jaskaranji Rathi & others VS State of Maharashtra & another], [Bajirao Tukaram Manav VS Administrative Officer & another].
"Kep notes on compounding offences" - The Commissioner cannot compound offences that are non-compoundable under the CrPC for offences under Chapter VIII of the Schedule; only offences legally compoundable under prevailing law may be compounded; this prevents bypassing CrPC limitations and ensures lawful disposition of penal consequences [Sholapur Municipal Corporation and Anr. VS Ramkrishna V. Relekar and Anr. ], [SHOLAPUR MUNICIPAL CORPORATION VS RAMKRISHNA V. RELEKAR].
"Separation of powers and jurisdiction" - Civil Court jurisdiction is limited or barred where the BPMC/GPMC Act provides self-contained remedies (e.g., eviction from Corporation premises) and appellate channels; petitions challenging notices or orders must pursue statutory remedies rather than filing in Civil Court; this preserves the Act’s integrated dispute-resolution framework [Ulhasnagar Municipal Corporation VS Gulshan Contractors/ Enterprises], [Municipal Corporation Of The City Of Ahmedabad VS State Of Gujarat].
"Tax and octroi contexts" - Several cases involve municipal taxation (octroi, water/conservancy taxes) under the Act; Section 67 interacts with fiscal rules and taxation procedures; courts require adherence to established tax rules and the statutory framework, including proper notices and appeal routes (Section 406) [POONA CITY MUNICIPAL CORPORATION VS DATTATRAYA NAGESH DEODHAR], [Ghadia Kishor Harjibhai vs Jamnagar Municipal Corporation].
"Offences and penalties alignment" - Where a Tribunal or court found that a municipal officer’s conduct fell outside the Act’s disciplinary framework, or where the offence was non-compoundable, the ruling reaffirms the constraint on the Commissioner’s power to compound; the decision often leads to quashing or remanding for compliance with statutory procedures [Sholapur Municipal Corporation and Anr. VS Ramkrishna V. Relekar and Anr. ], [SHOLAPUR MUNICIPAL CORPORATION VS RAMKRISHNA V. RELEKAR].
"Notices and subject-matter scope" - The Court has held that notices must be issued within the jurisdictional and subject-matter scope of the Act; improper notices or actions outside the Act’s scope (e.g., supersession show-cause) can be quashed; the need for substantive legal basis for charges is emphasized [Narayandas Jaskaranji Rathi & others VS State of Maharashtra & another], [NATWARLAL KESHAVLAL SHETH VS JAMNAGAR MUNICIPALITY].
"Civil remedies vs. statutory remedies" - Where statutory avenues exist (e.g., appeals to Appellate Officer, or High Court/Writ petitions), courts discourage bypassing remedies; this principle supports stability and predictable administrative-law outcomes within municipal governance [Ulhasnagar Municipal Corporation VS Gulshan Contractors/ Enterprises], [Municipal Corporation Of The City Of Ahmedabad VS State Of Gujarat].
"Delimitation and ward-related decisions" - While not directly a Section 67 issue, several decisions intersect with disciplinary actions in broader municipal governance contexts (e.g., ward delimitation, elections) illustrating that constitutional guarantees (Article 14, 243R/243S) and due process apply across municipal governance; Section 67 is read with these principles in mind [Parmar Samantsinh Umedsinh VS State of Gujarat], [PANKAJSINH WAGHELA VS STATE ELECTION COMMISSION THROUGH ELECTION COMMISSIONER].
"Key cross-references" - Section 67 is frequently interpreted with: Section 53 (disciplinary proceedings), Section 56 (suspension), Section 81-H/G (barred civil suits), Section 487 (notice to public officer), Section 406/410/493 (appeals in tax/municipal matters); understanding requires reading the Act as a cohesive whole [MUNICIPAL CORPORATION OF THE CITY OF SHOLAPUR VS ANIL HANKARRAO BHAGWAT], [Bajirao Tukaram Manav VS Administrative Officer & another], [Ulhasnagar Municipal Corporation VS Gulshan Contractors/ Enterprises].
"Practical takeaway" - For municipal officers: ensure disciplinary actions follow due process; for citizens: pursue statutory remedies and appeals rather than direct civil actions; for practitioners: scrutinize the legality of notices, the scope of powers under Section 67, and alignment with CrPC restrictions on compounding of offences; constitutional safeguards like equality before law remain pertinent [CHANDRAKANT TUKARAM NIKAM VS MUNICIPAL corporation OF THE CITY OF AHMEDABAD], [Bajirao Tukaram Manav VS Administrative Officer & another].
"References" - Core authorities and themes cited herein include: Gujarat Provincial Municipal Corporations Act, 1949; Bombay Provincial Municipal Corporations Act, 1949; Section 67(3)(b); natural justice; compounding offences; Show-cause notices; civil jurisdiction limitations; and relevant appellate decisions; See case summaries and judgments in the provided sources: [Sopan Genu Dhavale VS Pune Municipal Corporation & another], [Sholapur Municipal Corporation and Anr. VS Ramkrishna V. Relekar and Anr. ], [MUNICIPAL CORPORATION OF THE CITY OF SHOLAPUR VS ANIL HANKARRAO BHAGWAT], [Bajirao Tukaram Manav VS Administrative Officer & another], [Empire Construction and Hotel Company Limited VS Municipal Corporation of the City of Ahmedabad], [01300042179], [P. G. TEXTILE MILLS LTD. BARODA VS BARODA MUNICIPAL CORPORATION], [Municipal Corporation Of The City Of Ahmedabad VS State Of Gujarat], [Parmar Samantsinh Umedsinh VS State of Gujarat], [PANKAJSINH WAGHELA VS STATE ELECTION COMMISSION THROUGH ELECTION COMMISSIONER].
(1) Any powers, duties and functions conferred or imposed upon or vested in the Corporation by any other law for the time being in force shall, subject to the provisions of such law and to such restrictions, limitations and conditions as the Corporation may impose, be exercised, performed or discharged by the Commissioner.
(2) The Commissioner may with the approval of the Standing Committee by order in writing empower any municipal officer to exercise, perform or discharge any such power, duty or function under the control of the Commissioner, and subject to his revision, and to such conditions and limitation, if any, as he shall think fit to prescribe.
(1) Subject to the provisions of sub-sections (2) and (3) any of the powers, duties or functions1[including powers, duties or functions of a judicial or a Quasi judicial nature], conferred or imposed upon or vested in the Commissioner or the Transport Manager by or under any of the provisions of the Act may be exercised, performed or discharged, under the control of the Commissioner or the Transport Manager as the case may be and subject to his revision and to such conditions and limitations, if any, as may be prescribed by rules, or as he shall think fit to prescribe in a manner not inconsistent with the provisions of this Act or rules, by any municipal officer whom the Commissioner or the Transport Manager generally or specially empowers by order in writing in this behalf; and to the extent to which any municipal officer is so empowered, the word "Commissioner" and the words "Transport Manager" occurring in any provision in
The Corporation may at any time call for any extract from any proceedings of any committee or sub-committee constituted under this Act, and for any return, statement, account or report concerning or connected with any matter with which any such Committee or sub-committee is empowered by or under this Act to deal; and every such requisition shall be complied with by the Committee or sub-committee, as the case may be, without unreasonable delay.
(1) The Corporation may at any time require the Commissioner--
(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Commissioner, or which is recorded or filed in his office or in the office of any municipal officer or servant subordinate to him;
(b) to furnish any return, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the municipal Government of the City;
(c) to furnish a report by himself or to obtain from any officer subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal Government of the City.
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The exercise by any municipal authority of any power conferred or the performance of any duty imposed by or under this Act which will involve expenditure shall, except in any case specified in sub-section (2) of section 86 or in sub-section (2) of section 355, be subject to the conditions that--
(a) such expenditure, so far as it is to be incurred in the official year in which such powers exercised or duty performed, is provided for under a current budget-grant; and
(b) if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said official year, the sanction of the Corporation is taken before liability for such expenditure is incurred.
With respect to the making of contracts under or for any purpose of this Act, including contracts relating to the acquisition and disposal of immovable property or any interest therein the following provisions shall have effect, namely:--
(a) every such contract shall be made on behalf of the Corporation by the Commissioner;
(b) no such contract for any purpose which, in accordance with any provision of this Act, the Commissioner may not carry out without the approval or sanction of some other municipal authority, shall be made by him until or unless such approval or sanction has first been duly given;
(c) no contract which will involve an expenditure exceeding five thousand rupees or such higher amount as the Corporation may, with the approval of the1[State] Government, from time to time pres
(1) The mode of executing contracts under this Act shall be as prescribed by rules.
(2) No contract which is not made in accordance with the provisions of this Act and the rules shall be binding on the Corporation.
For the purpose of contracts relating exclusively to the Transport Undertaking the provisions of section 73 and those of Chapter V of the Schedule shall apply as if for the word "Commissioner" wherever it occurs the words "Transport Manager" and for the words "Standing Committee" wherever they occur the words "Transport Committee" had been substituted;
(1) The Corporation shall, for the purposes of this Act, have power to acquire and bold movable and immovable property or any interest therein whether within or without the limits of the City.
(2) All immovable and other property, wherever situate, which on the date immediately preceding the appointed day vested--
(a) in any municipality or local authority which has been superseded by or under this Act in consequence of the inclusion in the City of the area for which it was constituted, or
(b) in 1 [the State Government] by reason of the supersession or dissolution of such municipality or local authority under any law relating to such municipality or local authority, shall upon and after the said day vest in and be held by the Corporation having jurisdiction in such City as trustees for the pu
(1) Whenever it is provided by this Act that the Commissioner may acquire or whenever it is necessary or expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such property may be acquired by the Commissioner on behalf of the Corporation by agreement on such terms and at such rates or prices or at rates or prices not exceeding such maxima as shall be approved by the Standing Committee either generally for any class of cases or specially in any particular case.
(2) Whenever, under any provision of this Act, the Commissioner is authorised to agree to pay the whole or any portion of the expenses of acquiring any immovable property, he shall do so on such terms and at such rates or prices or at rates or prices not exceeding such maxima as shall be approved by the Standing Committee as aforesaid.
(
(1) Whenever the Commissioner is unable under section 77 to acquire by agreement any immovable property or any easement affecting any immovable property vested in the Corporation or whenever any immovable property or any easement affecting any immovable property vested in the Corporation is required for the purposes of this Act, the1[State] Government may in its discretion, upon the application of the Commissioner, made with the approval of the Standing Committee and subject to the other provisions of this Act, order proceedings to be taken for acquiring the same on behalf of the Corporation, as if such property or easement were land needed for a public purpose within the meaning of the Land Acquisition Act, 1894[I of 1804].
(2) Whenever an application is made under sub-section (1)for the acquisition of land for the purpose of providing a new street or for widening or improving an
With respect to the disposal of property belonging to the Corporation other than property vesting in the Corporation exclusively for the purposes of the Transport Undertaking the following provisions shall have effect, namely:--
(a) the Commissioner may, in his discretion, dispose of by sale, letting out on hire or otherwise, any movable property belonging to the Corporation not exceeding in value in each instance five hundred rupees or such higher amount as the Corporation may, with the approval of the1[State] Government, from time to time determine, or grant a lease of any immovable property belonging to the Corporation including any right of fishing or of gathering and taking fruit, and the like, for any period not exceeding twelve months at a time:
Providing that the Commissioner shall report to the Standing Committee every lease of
1[79A. Obligation annexed to property binding on transferee
Where--
(1) the Commissioner has transferred by way of sale or exchange any immovable property belonging to the Corporation and the terms of such transfer direct that the property shall be applied or enjoyed in a particular manner or the use or enjoyment thereof shall be restricted in a particular manner, or
(2) the owner of any immovable property has entered into an agreement with the Corporation concerning the application, enjoyment or use of the property in a particular manner, such term, condition or obligation shall be held to be annexed to the property which is the subject-matter of the transfer or agreement and shall be enforced against the transferee or owner and all persons deriving title or interest under or through him, not
(1) Where any immovable property or any right in or over any such property is claimed by or on behalf of the Corporation or by any person as against the Corporation, it shall be lawful for the Collector after formal inquiry, of which due notice has been given, to pass an order deciding the claim.
(2) The Corporation or any person aggrieved by an order passed by the Collector under sub-section (1) may, notwithstanding anything contained in any law for the time being in force, within one year from the date on which the Corporation or such person had due notice of such order, institute a suit in any competent civil court to set aside such order or to claim a relief inconsistent therewith.
If any such suit is instituted after the expiration of one year from the date on which the notice of such order has been given such suit shall be dismisse
A covenant concerning any immovable property for the purposes of this Act entered into with the Corporation by the owner of such property or by any person to whom such property of the Corporation has been transferred by sale or exchange shall be enforceable by the Corporation against any person deriving title under the covenant or notwithstanding that the Corporation is not in possession of, or interested in, any immovable property for the benefit of which the covenant was entered into, in like manner and to the like extent as if it had been possessed of or interested in such property.
Subject to the provisions of this Act and the rules and subject to the provisions of section 44 of the Bombay Primary Education Act, 1947, (Bom. LXI of 1947).--
(a) all moneys received by or on behalf of the Corporation under the provisions of this Act or of any other law for the time being in force or under any contract,
(b) all proceeds of the disposal of property by or on behalf of the Corporation,
(c) all rents accruing from any property of the Corporation,
(d) all moneys raised by any tax levied for the purposes of this Act,
(e) all fees and fines payable and levied under this Act or under any rule, bye-law, regulation or standing order other than fines imposed by a Court,
All moneys payable to the credit of the Municipal Fund shall be received by the Commissioner and shall be forthwith paid into the Imperial Bank of India1[or any other scheduled bank]2[or an approved co-operative bank] to the credit of an account which shall be styled "the account of the Municipal Fund of..................":
Provided that the Commissioner may, subject to any general or special directions issued by the Standing Committee, retain such balances in cash as may be necessary for current payments;
3[Provided further that the amount of money to be paid into an approved co-operative bank shall not exceed such amount as may be specified by the State Government generally or specially in respect of any approved co-operative bank.]
______________________
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(1) Subject to the provisions of section 449 no payment shall be made by any bank aforesaid out of the Municipal Fund except on a cheque signed by the Chief Accountant or the Deputy Accountant or, if there be no post of Deputy Accountant, by the officer immediately subordinate to the Chief Accountant and by the Commissioner or the Deputy Commissioner or the Assistant Commissioner.
(2) Payment of any sum due by the Corporation in excess of one hundred rupees or such higher amount as the Standing Committee from time to time fixes generally or for any specified class of payments shall be made by means of a cheque signed as aforesaid and not in any other way.
(3) Payments not covered by sub-section (2) may be made by the Commissioner in cash and cheques for sums not in excess of two thousand rupees each, signed as aforesaid, may be drawn fro
Notwithstanding anything contained in sections 83 and 84 the Commissioner may, with the previous approval of the Standing Committee, from time to time, remit to and deposit with a bank or other agency at any place beyond the City any portion of the Municipal Fund, and any moneys payable to the credit of the Municipal Fund or chargeable there-against which can, in the opinion of the Commissioner, be most conveniently paid into or out of the account of the Corporation at any such bank or agency, may be so paid.
(1) Except as hereinafter provided, no payment of any sum shall be made by the Commissioner out of the Municipal Fund, unless the expenditure of the same is covered by a current budget-grant, and sufficient balance of such budget-grant is still available, notwithstanding any reduction or transfer thereof which may have been made under the rules.
(2) The following items shall be excepted from the prohibition in subsection (1), namely:--
(a) sums of which the expenditure has been sanctioned by the Standing Committee under section 102;
(b) temporary payments under section 90 for works urgently required in the public service;
(c) refunds of taxes and other moneys which the Commissioner is by or under this Act authorised to make;
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Whenever any sum is expended by the Commissioner under clause (e), (f), (g) or (h) of sub-section (2) of section 86 he shall forthwith communicate the circumstances to the Standing Committee, who shall take such action under the rules or recommend the Corporation to take, under section 101 or under the rules, such action as shall in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.
The moneys from time to time credited to the Municipal Fund shall be applied in payment of all sums, charges, and costs necessary for carrying this Act into effect, or of which the payment shall be duly directed or sanctioned under any of the provisions of this Act or of any other law for the time being in force inclusive of--
(a) the expenses of every ward election;
(b) the salary, joining time allowances and other allowances of the Commissioner and of leave and pension contribution, if any, payable on his account to the1[State] Government;
(c) the salaries and other allowances of all municipal officers and servants and all contributions to provident funds, pensions, gratuities and compassionate allowances payable under the provisions of this Act or the regulations or of the statement framed
Expenditure by the Corporation out of the Municipal fund shall, save as otherwise provided by this Act, be made within the City only, but may, by a resolution of the Corporation supported by not less than half the total number of councillors, be made outside the City for any of the purposes of this Act.
(1) On the written requisition of such officers as the1[State] Government may specially authorise in this behalf the Commissioner may at any time undertake the execution of any work certified by such officer to be urgently required in the public service, and for this purpose may temporarily make payments from the Municipal Fund, so far as the same can be made without unduly interfering with the regular working of the municipal administration.
(2) The cost of all work executed under sub-section(1) and of the establishment engaged in executing the same shall be paid by the1[State] Government and credited to the Municipal Fund.
(3) On receipt of a requisition under sub-section (1) the Commissioner shall forthwith forward a copy thereof to the Corporation, together with a report of the action taken by him thereon.
Special Funds
The Corporation may constitute such special funds as are prescribed by rules and such other funds as may be necessary for the purposes of this Act. The constitution and disposal of such funds shall be effected in the manner prescribed by rules.
(1) Surplus moneys at the credit of the Municipal Fund which cannot immediately or at an early date be applied to the purposes of this Act or of any loan raised thereunder may be, from time to time, deposited at interest in the Imperial Bank of India1[or any other scheduled bank]2[or an approved co-operative bank] or be invested in public securities:
3[Provided that the amount of money to be deposited in an approved cooperative bank shall not exceed such amount as may be specified by the State Government generally or specially in respect of any approved co-operative bank.]
(2) All such deposits and investments shall be made by the Commissioner on behalf of the Corporation with the sanction of the Standing Committee and, with the like sanction the Commissioner may at any time withdraw any deposit so made or dispose of any securities and r
Subject to the provisions of section 361 and of the Bombay Primary Education Act, 1947, (Bom. LXI of 1947). and the rules made thereunder, accounts of the receipts and expenditure of the Corporation shall be kept in such manner and in such forms as the Standing Committee shall from time to time direct.
(1) The Commissioner shall, as soon as may be after each first day of April, have prepared a detailed report of the municipal administration of the City, other than the administration of the Transport Undertaking during the previous official year, together with a statement showing the amounts of the receipts and disbursements credited and debited to the Municipal Fund during the said year and the balance at the credit of the Fund at the close of the said year and shall submit the same to the Standing Committee.
(2) The report shall be in such form and shall contain such information as the Standing Committee may from time to time direct.
(3) After examination and review of the report and statement by the Standing Committee a printed copy of such report and statement together with a copy of the Committee's review shall be forwarded to the
The Commissioner shall each year on or before such date as the Corporation may from time to time prescribe have prepared and lay before the Standing Committee, in such form as the Committee shall from time to time approve--
(a) an estimate, classified in accordance with the rules, of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next official year from the Municipal Fund including the amount of grant payable by the Corporation to the Primary Education Fund, and of the amounts, if any, which should, in his opinion be credited to, or expended from, a special fund;
(b) an estimate of all balances, if any, which will be available for reappropriation or expenditure at the commencement of the next official year;
(c) an estimate of the Corporation's recei
(1) The Standing Committee shall consider the estimates and proposals of the Commissioner and after having obtained from the Commissioner such further detailed information, if any, as it shall think fit to require, and having regard to all the requirements of this Act, shall frame therefrom subject to such modifications and additions therein or thereto as it thinks fit a Budget Estimate to be called "budget estimate 'A' of the income and expenditure of the Corporation other than the income and expenditure in respect of the Transport Undertaking for the next official year.
(2) In budget estimate "A" the Standing Committee shall-
(a) propose with reference to the provisions of Chapter XI such rates and extent of municipal taxes as it thinks fit;
(b) allow for the appropriation to any special fun
The Transport, Manager shall each year, on or before such date as the Corporation may from time to time fix, have prepared and lay before the Transport Committee, in such form as the Committee shall from time to time approve,--
(a) an estimate, classified in accordance with the rules, of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next ensuing, official year on account of the Transport Undertaking and of the amounts, if any, which should in his opinion be credited to, or expended from, a special fund;
(b) an estimate of all balances, if any, which will be available for reappropriation or expenditure at the commencement of the next ensuing official year, and an estimate of the amounts to be transferred to the Municipal Fund during the next ensuing financial year under sections 359 and 360;
(1) The Transport Committee shall consider the estimates of the Transport Manager and, after having obtained from the Transport Manager such further detailed information, if any, as it shall think fit to require, and having regard to all the requirements of this Act, shall frame therefrom, subject to such modifications and additions therein or thereto as it shall think fit, a budget estimate, to be called, "budget estimate 'B' of the income and expenditure for the next official year to be received and incurred in respect of the Transport Undertaking.
(2) In budget estimate 'B' the said Committee shall--
(a) provide for the payment, as they fall due, of all sums and of all instalments of principal and interest for which the corporation may be liable under this Act by reason of the acquisition, extension, administration, operation and main
The Corporation shall, on or before the twentieth day of February, after considering the Standing Committee's proposals in this behalf, determine, subject to the limitations and conditions prescribed in Chapter XI, the rates at which municipal taxes referred to in sub-section (1) of section 127 shall be levied in the next ensuing official year and the rates at and the extent to which any of taxes referred to in sub-section (2) of the said section which the Corporation decides to impose shall be levied in the next ensuing official year.
Subject to the requirements of section 99, the Corporation may refer budget estimate 'A' back to the Standing Committee and budget estimate 'B' back to the Transport Committee for further consideration, or adopt the budget estimates or any revised budget estimates submitted to it, either as they stand or subject to such alterations as it deems expedient:
Provided that the budget estimates finally adopted by the Corporation shall fully provide for each of the matters specified in clauses (c) and (e) of subsection (2) of section 96 and for each of the matters specified in clauses (a), (c) and (e) of sub-section (2) of section 98, as the case may be:
Provided further that if the budget estimates are not finally adpoted by the Corporation on or before the thirty-first day of March the estimates as recommended by the Standing Committee or the
(1) On the recommendation of the Standing Committee in the case of expenditure from the Municipal Fund, and the Transport Committee in the case of expenditure from the Transport Fund, the Corporation may from time to time during an official year increase the amount of any budget grant, or make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year, but not so that the estimated cash balance at the close of the year exclusive of the balance, if any, of any special fund shall be reduced below one lakh of rupees or such other amount as may have been fixed for the time being by the Corporation in the case of either the Municipal Fund or the Transport Fund.
(2) Such increased or additional budget grants shall be deemed to be included in the budget estimates adopted by the Corporation for the year in which they are made.
If the whole budget or any portion thereof remains unexpended at the close of the year in the budget estimates for which such grant was included, and if the amount thereof has not been taken into account in the opening balance of the Municipal Fund or the Transport Fund, as the case may be, entered in the budget estimates of any of the two following years, the Standing Committee or the Transport Committee, as the case may be, may sanction the expenditure of such budget grants or such unexpended portion thereof, as the case may be, during the next two following years for the completion, according to the original intention or sanction, of the purpose or object for which the budget grant was made, but not upon any other purpose or object.
Reductions in and transfers from one budget head to another or within a budget head shall be made in accordance with the rules.
(1) If it shall at any time during any official year appear to the Corporation upon the representation of the Standing Committee or the Transport Committee that, notwithstanding any reduction of budget grants that may have been made by the appropriate Committee under the rules, the income of the Municipal Fund or the Transport Fund, as the case may be, during the said year will not suffice to meet the expenditure sanctioned in the budget estimates of the said year as so reduced and to leave at the close of the year a cash balance exclusive of the balance, if any, of any special fund of not less than one lakh of rupees or such other amount as may have been fixed for the time being by the Corporation in the case of either the Municipal Fund or the Transport Fund, it shall be incumbent on the Corporation to sanction forthwith any measure which shall be necessary for proportioning the year's income to the expenditure.
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(1) The Municipal Chief Auditor shall conduct a weekly examination and audit of the municipal accounts and shall report thereon to the Standing Committee who may also from time to time and for such period as it thinks fit conduct independently an examination and audit of the municipal accounts.
(2) For these purposes the Standing Committee and the Municipal Chief Auditor shall have access to all the municipal accounts and to all records and correspondence relating thereto, and the Commissioner shall forthwith furnish to the Standing Committee or the Municipal Chief Auditor any explanation concerning receipts and disbursements which they may call for.
(1) The Municipal Chief Auditor shall--
(a) report to the Standing Committee any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of money due to the Corporation or in the municipal accounts:
(b) furnish to the Standing Committee such information as the said Committee shall from time to time require concerning the progress of the audit.
(2) The Standing Committee shall cause to be laid before the Corporation every report made by the Municipal Chief Auditor to the Standing Committee and every statement of the views of the Municipal Chief Auditor on any matter affecting the pursuance and exercise of the duties and powers assigned to him under this Act which the Municipal Chief Auditor may require the Standing Committee to place before th
Sections 105 and 106 shall apply to the accounts of the Transport Fund as if--
(i) for the words "Standing Committee" wherever they occur the words "Transport Committee" and for the word "Commissioner" wherever it occurs the words "Transport Manager" had been substituted; and
(ii) for the figures "94" in sub-section (4) of section 106 the figures "362" had been substituted.
(1) The1[State] Government may at any time appoint an auditor for the purpose of making a special audit of the municipal accounts including the accounts of the Transport Undertaking and of reporting thereon to the1[State] Government and the costs o any such audit as determined by the1[State] Government shall be chargeable to the Municipal Fund or the Transport Fund, as the case may be.
(2) An auditor so appointed may exercise any power which the Municipal Chief Auditor may exercise.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
(1) The Corporation may, with the previous sanction of the 1 [State] Government, from time to time, borrow or re-borrow and take up at interest by the issue of debentures or otherwise on the security of any immovable property vested in the Corporation or proposed to be acquired by it under this Act or of all the taxes or of any tax which it is authorised to levy for the purposes of this Act or the Transport Undertaking, or of all or any of those securities any sum necessary for the purpose of--
(a) defraying any costs, charges or expenses, incurred or to be incurred by it in the execution of this Act;
(b) for discharging any ban contracted under this Act or any other loan or debt for the repayment of which the Corporation is liable;
(c) generally for carrying out the purposes of this Act, incl
Notwithstanding anything contained in section 109 the Corporation may borrow for the purposes of this Act from any bank or banks in which the surplus moneys at the credit of the Municipal Fund or the Transport Fund may be deposited, against any public securities in which for the time being the cash balances of the Corporation may be invested.
1[110A. Corporation may take advances from banks and grant mortgages
(1) Notwithstanding anything contained in sections 109 and 110, the Corporation may, with the previous sanction of the State Government and on such terms and conditions as the State Government may impose, take from any bank or banks, credit on cash account to be opened and kept with such bank or banks in the name of the Corporation for a sum as may be fixed by the State Government from time to time on the security of all or any of the taxes which the Corporation is authorised to levy for the purpose of this Act.
(2) The Corporation may also with the previous sanction of the State Government and on such terms and conditions as the State Government may lay down, mortgage any lands or property vesting in or belonging to the Corporation in security of the payment of the amo
Every loan raised by the Corporation under section 109 shall be repaid within the time approved under proviso (ii) to sub-section (1) of the said section and by such of the following methods as may be approved under the said proviso, namely --
(a) by payment from a sinking fund established under section 112 in respect of the loan ;
(b) by equal payments of principal and interest ;
(c) by equal payments of principal ;
(d) in the case of a loan borrowed before the appointed day by annual drawings if such method was in operation for the repayment of such loan immediately before such day ;
(e) from any sum borrowed for the purpose under section 109 (1) (b) ; or
(f)
(1) Whenever the repayment of a loan from a sinking fund has been sanctioned under proviso (ii) to sub-section (1) of section 109, the Corporation shall establish such a fund and shall pay into it, on such dates as may have been approved under the said proviso, such sum as will, with accumulations of compound interest, be sufficient after payment of all expenses to pay off the loan within the period approved :
Provided that if at any time the sum standing to the credit of the sinking fund established for the repayment of any loan is of such amount that is allowed to accumulate at compound interest it will be sufficient to repay the loan within the period approved, then with the permission of the1[State] Government further payments into such fund may be discontinued.
(2) The Corporation may apply a sinking fund, or any part thereof, in or
(1) All money paid into a sinking fund shall within one month of the date on which the payment was due to be made under sub-section (1) of section 112 be invested in public securities.
(2) All interest and other sums received in respect of any such investment shall be paid into the sinking fund and shall, within one month of receipt, be in vested in the manner prescribed by sub-section (1).
(3) Money standing to the credit of two or more sinking funds may, at the discretion of the Corporation, be invested in a common fund, and it shall not be necessary for the Corporation to allocate the securities held in such investments among the several sinking funds.
(4) When any part of a sinking fund is invested in debentures issued by the Corporation or is applied in paying off any part of a loan befor
(1) In respect of any sinking funds which by this Act the Corporation is directed or authorised to invest in public securities and in respect of any surplus moneys which by this Act the Commissioner or the Transport Manager on behalf of the Corporation is empowered to invest in like securities, it shall be lawful for the Corporation to reserve and set apart for the purpose of any such investment any debentures issued or to be issued on account of any loan for which the sanction of the1 [State] Government shall have been duly obtained :
Provided that the intention so to reserve and set apart such debentures shall have been notified to the 1 [State] Government as a condition of the issue of the loan.
(2) The issue of any such debentures direct to and in the name of the Municipal Commissioner or the Transport Manager of the Transport Undert
(1) All sinking funds established or maintained under this Act shall be subject to annual examination by the Accountant General, Bombay, who shall ascertain whether the cash and the value of the securities belonging thereto are actually equal to the amount which should be at the credit of such funds had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom.
(2) The amount which should be at the credit of a sinking fund shall be calculated on the basis of the present value of all future payments required to be made to such fund under the provisions of this Act, on the assumption that all investments are regularly made and the rate of interest as originally estimated is obtained therefrom.
(3) The securities belonging to a sinking fund shall be valued for the purposes of this section a
In the case of all loans raised before the appointed day for which the Corporation is liable the following provisions shall apply :--
(a) if when such loans were raised the loans were made repayable from sinking funds, the Corporation shall establish sinking funds for the repayment of such loans and shall pay into such funds such sums on such dates as may have been fixed when the loans were raised ;
(b) all securities and cash held on the date immediately preceding the appointed day in sinking funds established for the repayment of such loans shall be held by the Corporation as part of the sinking funds established under clause (o) ;
(c) the provisions of section 112 shall apply to such sinking funds ;
(d) if when any such loans were raised the loan
(1) If any money borrowed by the Corporation or any interest or costs due in respect thereof is or are not repaid according to the conditions of the loan, the 1 [State] Government, if it has itself given the loan, may, and in other oases shall, on the application of the lender, attach the Municipal Fund or the Transport Fund or a portion of the Municipal Fund or the Transport Fund.
(2) After such attachment no person, except an officer appointed in this behalf by the 1[State] Government, shall in any way deal with the attached Fund or portion thereof; but such officer may do all acts in respect thereof which any municipal authority, officer or servant might have done if such attachment had not taken place and may apply the proceeds in satisfaction of the arrears and of all interest and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedi
(1) Debentures issued under this Act shall be in such form as the Corporation may with the previous sanction of the 1 [State] Government from time to time determine.
(2) The holder of any debenture in any form duly authorised under subsection (1) may obtain in exchange therefor, upon such terms as the Corporation shall from time to time determine, a debenture in any other form soauthorised.
(3) Every debenture issued by the Corporation under this act shall be transferable by endorsement.
(4) The right to payment of the moneys secured by any of such debentures and to sue in respect thereof shall vest in the holder for the time being without any preference by reason of some of such debentures being prior in date to others.
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All coupons attached to debentures issued under this Act shall be signed by the Chairman of the Standing Committee and the Commissioner on behalf of the Corporation and such signatures may be engraved, lithographed or impressed by any mechanical process.
Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872, (LX (of 1872).--
(1) when any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, the debenture or security shall be payable to the survivor or survivors of such persons:
Provided that nothing in this sub-section shall affect any claim by the legal representative of a deceased person against such survivor or survivors;
(2) when two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security unless notice to the contrary has been given to the Corporation by any other of such persons.
(1) When a debenture issued under this Act is alleged to have been lost, stolen or destroyed either wholly or in part and a person claims to be the person to whom but for the loss, theft or destruction it would be payable, he may, on application to the Commissioner, and on producing proof to his satisfaction of the loss, theft or destruction and of the justice of the claim, obtain from him an order--
(a) if the debenture alleged to have been lost, stolen or destroyed is payable more than six years after the date of publication of the notification referred to in sub-section (2), --
(i) for the payment of interest in respect of the debenture pending the issue of a duplicate debenture, and
(ii) for the issue of a duplicate debenture payable to the applicant, or
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(1) A person claiming to be entitled to a debenture issued under this Act may, on applying to the Commissioner and on satisfying him of the justice of his claim and delivering the debenture receipted in such manner and paying such fee as may be prescribed by the Commissioner, obtain a renewed debenture payable to the person applying.
(2) Where there is a dispute as to the title to a debenture issued under this Act in respect of which an application for renewal has been made, the Commissioner may--
(a) where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such debenture, issue a renewed debenture in favour of such party,
(b) refuse to renew the debenture until such a decision has been obtained, or
(1) When a renewed debenture has been issued under section 122 in favour of any person, the debenture so issued shall be deemed to constitute a new contract between the Corporation and such person and all persons deriving title thereafter through him.
(2) No such renewal shall affect the rights as against the Corporation of any other person to the debenture so renewed.
When a duplicate debenture has been issued under section 121 or when a renewed debenture has been issued under section 122 or when the principal sum due on a debenture in respect of which an order has been made under section 121 for the payment of the principal sum without the issue of a duplicate debenture has been paid on or after the date on which such payment became due, the Corporation shall be discharged from all liability in respect of the debenture in place of which a duplicate or renewed debenture has been so issued or in respect of which such payment has been made, as the case may be--
(a) in the case of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section 121 or from the date of the last payment of interest on the original debenture, whichever date is later ;
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Notwithstanding anything in section 122, the Commissioner may in any case arising thereunder--
(1) issue a renewed debenture upon receiving such indemnity in favour of the Corporation and the Commissioner as he shall think fit against the claims of all persons claiming under the original debenture, or
(2) refuse to issue a renewed debenture unless such indemnity is given.
(1) The Commissioner shall, at the end of each year prepare a statement showing--
(a) the loans borrowed in previous years for which the Corporation is liable and which have not been completely repaid before the commencement of the year, with particulars of the amount outstanding at the commencement of the year, the date of borrowing and the annual loan charges ;
(b) the loans borrowed by the Corporation in the year with particulars as to the amount and the date of borrowing and the annual loan charges;
(c) in the case of every loan for which a sinking fund is maintained the amount of accummulation in the sinking fund at the close of the year showing separately the amount paid to the credit of the fund in the year ;
(d) the loans repaid in the year
1[(1) The State Government may, after considering recommendations of the Gujarat Municipal Finance Board, determine whether for augmenting the finances of the Corporation for any of the purposes of this Act it is necessary to make any grant to the Corporation and if so, the amount there of.
(2) The grant so determined shall be made to the Corporation every year but it may be revised after a period of every five years having regard to the recommendations of the Gujarat Municipal Finance Board in respect of the revision of grants to Corporations.]
(3) Every grant under this section shall be made after due appropriation made by the State Legislature by law in this behalf.
(4) The payment of a grant to a Corporation shall be subject to the condition that if there be any amount due from the Corpora
(1) On lands situated within the limits of a City, the State Government shall levy, on the conditions and in the manner hereinafter described, a cess at the rate of fifty paise on every rupee of--
(a) every sum payable to the State Government as ordinary land revenue except sums payable on account of any of the charges mentioned in sub-section (2) and except sums payable on account of any of the charges which may be notified by the State Government in this behalf;
(b) every sum which would have been payable as land revenue by a small holder as defined in the Explanation to section 45 of the Bombay Land Revenue Code, 1879, (Bom. V of 1879). in respect of the land held by him for the time being for the purpose of agriculture, had land revenue been payable in respect of such land under the said section by such small holder; and
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The State Government may levy a cess not exceeding twenty paise on every rupee of water-rate leviable under the provisions of the Bombay Irrigation Act, 1879, (Bom. VII of 1879). in respect of lands situated within the limits of a City.
Section 126(c) of the Gujarat Provincial Municipal Corporations Act, 1949, pertains to the levy of cess on water rates by municipal authorities. It forms part of the broader framework empowering municipal corporations to generate revenue for their functions and development activities.
Section 126(c) authorizes the State Government or municipal authorities to levy a cess not exceeding twenty paise on every rupee of water-rate leviable under the provisions of the Act. This cess is intended to augment municipal funds specifically for water-related infrastructure and services.
The Act does not specify explicit penalties or punishments for non-compliance with Section 126(c). Enforcement and penalties, if any, are likely governed by general provisions of the Act relating to non-payment or evasion of municipal dues.
Note: The analysis is based on the available sources, primarily focusing on the provisions and context of Section 126(c) as reflected in the Gujarat Provincial Municipal Corporations Act, 1949, and related legal frameworks.
The cess described in section 126B shall be levied, so far as may be, in the same manner, and under the same provisions of law, in or under which land revenue is levied :
Provided that in the case of any land in the possession of a tenant, if such tenent is liable to pay the land revenue in respect of such land under the provisions of the Bombay Tenency and Agricultural Lands Act, 1948, (Bom. LXVII of 1948). or the Bombay Tenency and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, (Bom. XCIX of 1958). such tenant shall be primarily liable for the payment of cess in respect of such land.
The cess described in section 1260 shall be levied, so far as may be, in the same manner, and under the same provisions of law, in or under which water-rates payable to the State Government under the Bombay Irrigation Act, 1879, (Bom. VII of 1879). are levied.
The local cess leviable on land revenue under section 126B and on water-rate under section 1260 in respect of land shall be paid by the State Government to the Corporation within the jurisdiction of which the lands concerned are situated, after deducting such portion thereof as cost of collection as the State Government may prescribe by rules.
On the application made by the Corporation to which the cess under section 126A or section 126B is payable or suo motu, the State Government may by notification in the Official Gazette, suspend or remit the collection of cess or any portion thereof in any year in any area subject to the jurisdiction of such Corporation.
Notwithstanding any judgment, decree or order of any Court or Tribunal, all cess on land revenue and water-rate levied, assessed or collected after the repeal of the Bombay Local Boards Act, 1923, (Bom. VI of 1923). and before the date of the coming into force of the Bombay Provincial Municipal Corporations (Gujarat Amendment) Ordinance, 1978, (Guj. Ord. 2 of 1978). (hereinafter in this section referred to as "the Ordinance") in any area which at any time during the period after such repeal and before the said date formed part of a City under this Act shall be deemed to have been validly levied, assessed or collected in accordance with law as if--
(i) the provisions of this Act as amended by the Bombay Provincial Municipal Corporations (Gujarat Amendment )Act, 1979, (Guj. 1 of 1979). (hereinafter in this section referred to as "the said Act") relating to the levy, assessment and co
(1) For the purposes of this Act, the Corporation shall impose the following taxes, namely:--
(a) property taxes ;
(b) a tax on vehicles, boats and animals :
1[Provided that in the case of a local area constituted to be a City under sub-section(2) of section 3, until the expiry of a period of two years from the appointed day or of such further period not exceeding two years as the State Government] at the request of the Corporation for such City may, by notification in the Official Gazette, specify, the provisions of this section shall have effect as if there had been substituted for the words "the Corporation shall impose" the words "the Corporation may impose".]
2[(1A) Notwithstanding anything contained in the proviso to sub-section (1), in the ca
A municipal tax may be recovered by the following processes in the manner prescribed by rules:--
(1) by presenting a bill,
(2) by serving a written notice of demand,
(3) by distraint and sale of a defaulter's movable property,
(4) by the attachment and sale of a defaulters, immovable property,
(5) in the case of octroi and toll, by the seizure and sale of goods and vehicles,
(6) in the case of property tax by the attachment of rent due in respect of the property,
(7) by a suit.
For the, purposes of sub-section (1) of section 127 property taxes shall comprise the following taxes which shall, subject to the exceptions, limitations and conditions hereinafter provided, be levied on buildings and lands in the City:--
(a) a water tax at such percentage of their rateable value as the Corporation shall deem reasonable, for providing a water supply for the city:
1 [Provided that the minimum amount of such tax to be levied shall,--
(a) in respect of any one separate holding of land or of any one building or of any one portion of a building which is let as a separate holding, be five rupees per mensem for the official year commencing on the first day of April, 1985;
(b) (i) in respect of any one separate holding of land or of any one
1[129A. Temporary reduction in minimum rate of general tax in respect of Corporations of Baroda and Surt and validation of action taken.
(1) Notwithstanding anything contained in clause (c) of section 129, in the ease of the Municipal Corporation of the City of Baroda and the Municipal Corporation of the City of Surat, for a period of2[four years] from the 1st April, 1967, the rate of general tax leviable under the said clause (c) may not be less than seven per cent, of the3[rateable value] of the lands and buildings in the City.
4[(1A) Notwithstanding anything contained in clause (c) of section 129 and in sub-section (1), in the case of the Municipal Corporation of the City of Baroda,5[for a period of two years from the 1st April 1971] the rate of general tax leviable under the said clause (c) may not be less than seven per cent, of the
1[129B. Temporary reduction in minimum rate of general tax in respect of the Corporation of Rajkot and validation of action taken
(1) Notwithstanding anything contained in clause (c) of section 129, in the case of the Municipal Corporation of the City of Rajkot, for a period of four years commencing on the 19th November, 1973, the rate of general tax leviable under the said clause (c) may not be less than five per cent, of the rateable value of the lands and buildings in the said City and the provisions of the said clause (c) of section 129, shall have effect and shall be deemed to have had effect, as if during the said period of four years, the words "five per cent." had been substituted for the words "twelve per cent." in the said clause (c).
(2) Anything done or any action taken before the commencement of the Bombay Provincial Municip
Subject to the provisions of section 134, the water tax shall be levied only in respect of premises--
(a) to which private water supply is furnished from, or which are connected by means of communication pipes with, any municipal water works; or
(b)which are situated in a portion of the City in which the Commissioner has given public notice that the Corporation has arranged to supply water from municipal water works by means of private water connections or of public standposts, fountains or by any other means.
(1) The conservancy tax shall be levied only in respect of premises--
(a) situated in any portion of the City in which public notice has been given by the Commissioner that the collection, removal and disposal of all excrementitious and polluted matter from privies, urinals and cess-pools, will be undertaken by municipal agency; or
(b) in which, wherever situate, there is a privy, water-closet, cess-pool, urinal, bathing place or cooking place connected by a drain with a municipal drain :
Provided that the said tax shall not be levied in respect of any premises situated in any portion of the City specified in clause (a), in or upon which; in the opinion of the Commissioner, no such matter as aforesaid accumulates or is deposited.
(2) Premises in res
(1)1[The general tax shall be levied in respect of all buildings and lands in the City, the rateable value of which exceeds2[six hundred rupees except]
(a) buildings and lands solely used for purposes connected with the disposal of the dead ;
(b) buildings and lands or portions thereof solely occupied and used, for public worship or for a public charitable purposes ;
(c) buildings and lands vesting in the3[Government] used solely for public purposes and not used or intended to be used for purposes of trade or profit or vesting in the Corporation, in respect of which the said tax, if levied, would under the provisions hereinafter contained by primarily leviable from the3[Government] or the Corporation, respectively.
(2) The following buildings and la
(1) The1[State] Government shall pay to the Corporation2[annually by the 31st day of March in every year] in lieu of the general tax from which buildings and lands vesting in the3[State Government] are exempted by clause (c) of sub-section (1) of section 132, a sum ascertained in the manner provided in sub-sections (2) and (3).
(2) The rateable value of the buildings and lands in the City vesting in the4[Government] and beneficially occupied, in respect of which, but for the said exemption, general tax would be leviable from the1[State] Government shall be fixed by a person from time to time appointed in this behalf by the1[State] Government with the concurrence of the Corporation. The said value shall be fixed by the said person, with a general regard to the provisions contained in this Act and the rules concerning the valuation, of property assessable to property taxes, at such a
(1) The Commissioner may--
(a) in such cases as the Standing Committee shall generally approve, instead of levying the water tax in respect of any premises liable thereto, charge for the water supplied to such premises by measurement at such rate ay shall from time to time be prescribed by the said Committee in this behalf or by the size of the water connection with the municipal main and the purpose, for which the water is supplied at such rates as shall from time to time be prescribed by the Corporation;
(b) in such cases as the Standing Committee shall generally approve, compound with any person for the supply of water to any premises for a renewable term, of one or more years not exceeding five, on payment of a fixed periodical sum in lieu of the water tax or charge by measurement or by the size of the water connection which would ot
135.1 [Government] to be charged for water by measurement
If, in respect of premises used solely for public purposes and not used or intended to be used for purposes of profit or for residential, charitable or religious purposes, water tax would be leviable under this Act from the1 [Government], the Commissioner, in lieu of levying such tax, shall charge for the water supplied to such premises, by measurement, at such rate as shall be prescribed by the Standing Committee in this behalf not exceeding the minimum rate at the time being charged under clause(a) of sub-section (1) of section 134 to any other person; and such charge shall be recoverable as provided in subsection(3) of the said section.
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1. This word was substituted for the word "Crown" by the Adaptation of Laws
Legal Comments
Introduction - The Gujarat Provincial Municipal Corporations Act, 1949 (GPMC Act) governs formation, powers, finances and functions of municipal corporations in Gujarat; Section 135 interacts with property taxes and related levies as a fiscal tool available to local authorities, within constitutional and statutory limits. [Navinchandra M. Acharya VS Municipal Commissioner]
What Section 135 Says - Section 135 of the Act deals with taxation powers, including the power of the local authority to impose taxes on property or other taxable bases within its city limits; interpretation and application often requires consideration of value, rate fixation, and statutory procedure. [M/S BHARTI AIRTEL LTD. VS STATE OF CHHATTISGARH]
Essential ingredients - For valid levy under Section 135, there must be (i) a lawful taxing power vested in the local authority, (ii) compliance with due process (notice, hearing where mandated), (iii) adherence to statutory provisos and rules governing assessment and rate fixation, and (iv) alignment with constitutional provisions and other statutory schemes governing taxation. [Ahmedabad Municipal Corporation VS Draupati Haribhai Koshti]
Essential ingredients - In several decisions, courts stress that fixation of rate and tax base must be within the exclusive domain of the local authority and not subject to extraneous judicial re-imposition, so long as not contrary to law. [M/S BHARTI AIRTEL LTD. VS STATE OF CHHATTISGARH]
Scope of Section - Section 135 interplays with other tax provisions (e.g., water/conservancy taxes under Section 129, 141AA framework for carpet-area based charges, and octroi related rules); courts have treated Section 135 as enabling local tax instruments while ensuring compliance with procedural and statutory bounds. [ATC Telecom Tower Corporation Private Limited VS State of Gujarat], [01300025158] (where relevant)
Scope - Several judgments recognize that property tax and related charges may be valid if issued after proper notices, based on assessments, without denial of hearing where required; disputes often hinge on procedure, assessment methodology, and statutory amendments. See decisions on property tax and notices under Rule 15(2) (Ghadia Kishor Harjibhai vs Jamnagar Municipal Corporation). [Ghadia Kishor Harjibhai vs Jamnagar Municipal Corporation]
Punishment for Section - Section 135 in itself does not create criminal punishment; violations typically attract penalties under the Act's disciplinary or remedy provisions or result in refunds or abatements only if tax was collected contrary to law. In some connected contexts, courts consider penalties or consequences under other statutory regimes; the key is legality of levy, not criminalization under Section 135. [M/S BHARTI AIRTEL LTD. VS STATE OF CHHATTISGARH], [MUNICIPAL CORPORATION OF THE CITY OF SHOLAPUR VS ANIL HANKARRAO BHAGWAT]
Punishment for Section - When challenges succeed, courts may quash tax demands or refunds; penalties for non-compliance with tax rules are typically cascading from the statutory framework, not automatically under Section 135. See decisions where tax demands were quashed or refunds ordered. [Ahmedabad Municipal Corporation VS Draupati Haribhai Koshti], [Ghadia Kishor Harjibhai vs Jamnagar Municipal Corporation]
Judicial interpretation on rate fixation - Courts have emphasised that fixation of rate of tax and computation of gross annual letting value must consider factors like nature, location, topography; and that such fixation lies in the exclusive domain of the local authority, subject to the Act and law. [M/S BHARTI AIRTEL LTD. VS STATE OF CHHATTISGARH]
Observations on Union/States interactions - Several cases discuss immunities and exceptions (e.g., immunity of central government properties, or railway properties) and how local tax regimes interact with constitutional protections, with courts ensuring no ultra vires extraction from protected properties. [UNION OF INDIA VS RAJKOT MUNICIPAL CORPORATION], [Rajkot Municipal Corporation VS Union of India]
Compliance with notices and hearings - A recurring principle is that tax assessments and notices must follow due process; non-compliance or denial of hearing where required renders tax demands vulnerable to being struck down. See Rule 15(2) and related natural justice discussions. [Ghadia Kishor Harjibhai vs Jamnagar Municipal Corporation], [Ahmedabad Municipal Corporation VS Draupati Haribhai Koshti]
Taxing mobile towers (Sections 145A and related) - In Gujarat and other states, property tax on mobile towers has been debated; courts held that towers may be taxed as buildings if applicable under the Act, with occupier liability, carpet-area based assessment, and the need for proper amendment and procedures; decisions hinge on Sections 145A, 127, 129, and 141AA. [Municipal Corporation Of The City Of Ahmedabad VS State Of Gujarat], [Rajkot Municipal Corporation VS Union of India], [Bhoir Industries LTD. VS State Of Gujarat], [Parmar Samantsinh Umedsinh VS State of Gujarat]
Interplay with amendments and vires challenges - The 2009/2011 amendments challenging vires of certain sections (e.g., 5(3)(iii)(a), 29A) were addressed in broader constitutional contexts; courts upheld some amendments while striking others as ultra vires or not, indicating Section 135 actions must align with constitutional framework. [Parmar Samantsinh Umedsinh VS State of Gujarat]
Recovery of taxes from central/state bodies - Courts have cautioned that municipalities cannot compel recovery of taxes from bodies immune from taxes (e.g., unions or railway properties) unless there is a statutory override; such recoveries may be void for lack of legal basis. [UNION OF INDIA VS RAJKOT MUNICIPAL CORPORATION], [Rajkot Municipal Corporation VS Union of India]
Procedure for appeals and remedies - The Gujarat/ Bombay Acts provide statutory appeal channels under Section 406, and the courts urge using those remedies rather than filing parallel independent suits; compliance with the remedy framework is essential for challenge to tax demands. [MUNICIPAL CORPORATION OF THE CITY OF SHOLAPUR VS ANIL HANKARRAO BHAGWAT], [Ghadia Kishor Harjibhai vs Jamnagar Municipal Corporation]
Natural justice and affidavit stance - In property tax appeals, courts have noted that non-rebuttal of an affidavit may be treated as acceptance of its facts; thus, petitions relying on procedural improprieties must demonstrate specific jurisdictional errors; otherwise, tax assessments stand. [Ghadia Kishor Harjibhai vs Jamnagar Municipal Corporation]
Buildings’ definition and scope of development - The Act defines “building” broadly to include various permanent and temporary structures; therefore, even sheds or kiosks may fall within tax ambit if construction or use falls inside development schemes, subject to permission and compliance. [Bhaji Pav Thru . Proprietor Satish Nekram Patel VS Ahmedabad Municipal Corporation], [Bhaji Pav Thru . Proprietor Satish Nekram Patel VS Ahmedabad Municipal Corporation]
Road-line and eviction notices - In road-line cases under BPMC/BPMCA, courts require hearing and due procedure; unlawful evictions or notices without proper procedure are quashed or remitted for compliance with procedural safeguards. [KILLOL V. SHELAT VS MUNICIPAL CORPORATION OF CITY OF AHMEDABAD]
Unauthorized construction removal – Section 260 actions for removal of unauthorized structures are permissible if properly authorized; courts have upheld the Commissioner’s authority to remove unauthorized constructions, while cautioning against discrimination claims lacking concrete evidence. [Empire Construction and Hotel Company Limited VS Municipal Corporation of the City of Ahmedabad]
Limitations and refunds on tax disputes - Where tax bills are found invalid, courts may direct refunds; however, timelines and limits may be applied to avoid unwarranted retroactivity; petitioners may be entitled to refunds for days beyond a cut-off, subject to specific orders. [Navinchandra M. Acharya VS Municipal Commissioner], [01300042179]
Public street demarcation and acquisition requirements - When a public street within municipal limits is proposed, the Corporation must follow acquisition procedures (Sections 77/78 BPMC Act) to deprive property, ensuring constitutional rights and proper funding avenues; failure to do so invalidates the action. [GIRDHARPARK CO-OP. HOUSING SOCIETY LTD. VS SURAT MUNI. CORPORATION], [01300001862]
COVID-related regulatory adjustments - Courts have addressed temporary regulatory measures during emergencies (e.g., waivers, moratoria) with caution, noting that decisions must be reasonable and legally grounded, and often allowed with time-bound considerations. [CHITRA PUBLICITY COMPANY OOH GUJARAT THROGH PROPRIETOR ATUL KANTILAL MEHTA VS SURAT MUNICIPAL CORPORATION]
Ward delimitation and elections (multi-member wards) - Constitutional challenges to ward delimitation and representation have occurred; courts have analyzed the balance between uniform representation and enabling weaker sections’ empowerment, with rulings not fully prohibiting multi-member wards but allowing future review. [Parmar Samantsinh Umedsinh VS State of Gujarat], [PANKAJSINH WAGHELA VS STATE ELECTION COMMISSION THROUGH ELECTION COMMISSIONER]
Notices under Section 265 (building inspections) - Notices under Section 265 must be approached within the regulatory framework; petitioners are directed to pursue remedies under regulations rather than challenging notices in isolation. [Shaikh Malka Ishakbhai VS Union Of India]
Octroi refunds and deductions - Historical octroi deductions were repeatedly subject to challenge; courts held that certain deductions or charges instituted post-1949 Act could be invalid if not authorized; refunds may be ordered where unlawful deductions occurred. [POONA CITY MUNICIPAL CORPORATION VS DATTATRAYA NAGESH DEODHAR], [Sholapur Municipal Corporation and Anr. VS Ramkrishna V. Relekar and Anr. ]
Synthesis - Section 135 powers must be exercised within statutory features, ensuring due process, non-discrimination, and alignment with constitutional guarantees; numerous Gujarat and Bombay cases illustrate how local tax regimes operate, the necessity of procedure, and the limits of municipal taxation powers. [M/S BHARTI AIRTEL LTD. VS STATE OF CHHATTISGARH], [Narayandas Jaskaranji Rathi & others VS State of Maharashtra & another], [Ghadia Kishor Harjibhai vs Jamnagar Municipal Corporation]
References
No tax or charge of any kind shall be levied or demanded for the use of water in or from any drinking fountain, tank, reservoir, cistern, pump, well, duct, stand-pipe or other work used for the gratuitous supply of water to the inhabitants of the City and vesting in the Corporation:
Provided that the water in or from any such work shall be used only for personal or domestic purposes and not for the purpose of business or sale.
(1) The Commissioner may, whenever he thinks fit, fix the conservancy tax to be paid in respect of any hotel, club, stable1[industrial premises or other large premises] at such special rate as shall be generally approved by the Standing Committee in this behalf, whether the service in respect of which such tax is leviable be performed by human labour or by substituted means or appliances :
2[Provided that if the Corporation shall have determined for any official year any different rate of a conservancy tax for any class of properties to which any of the properties referred to in this sub-section belongs, the Commissioner shall not, without the previous approval of the Corporation, fix, for such official year or part thereof, the conservancy tax to be paid in respect of any property belonging to such class for which such different rate may have been determined by the Corporation, at
(1) Any person who has paid to the Commissioner any water tax or conservancy tax in respect of any premises shall, if he was not himself in occupation of the said premises during the period for which he has made such payment and subject to any agreement or contract to the contrary, be entitled to receive the amount of the said payment from the person, if any, in actual occupation of the said premises for the said period.
(2) For the recovery of the said amount from the person aforesaid, the person who has paid the same shall have the same rights and remedies as if such amount were rent payable to him by the person from whom he is entitled to receive the same.
(1)Subject to the provisions of sub-section (2) property taxes assessed upon any premises shall be primarily leviable as follows, namely :--
(a) if the premises are held immediately from the1 [Government] or from the Corporation, from the actual occupier thereof:
Provided that property taxes due in respect of buildings vesting in the1 [Government] and occupied by servants of the 1 [Government] or other person on payment of rent shall be leviable primarily from the1 [Government];
(b)if the premises are not so held--
(i) from the lessor if the premises are let;
(ii)from the superior lessor if the premises are sub-let;
(iii)from the person in whom the right to let
Section 139 of the Gujarat Provincial Municipal Corporations Act, 1949, delineates the primary responsibility for property tax collection within municipal jurisdictions. It establishes the legal framework for determining who is liable to pay property taxes and under what circumstances, thereby ensuring the efficient administration of local taxation.
Section 139 specifies that the responsibility for property taxes rests primarily with:- The lessor, if the premises are leased out.- The superior lessor, in cases involving sub-leases.It clarifies the liability hierarchy and the entities accountable for property tax payments.
The section applies to all properties within the jurisdiction of municipal corporations that are subject to property tax. It covers cases involving direct ownership, leasing arrangements, and sub-leases, ensuring clarity on liability in various tenancy scenarios.
While Section 139 itself primarily deals with liability, penalties and punishments for non-compliance or evasion of property taxes are addressed in other sections, such as Sections 396 and 397, which prescribe penalties for offences against specific provisions of the Act [Source: ""].
Note: The analysis is based on the available sources, primarily focusing on the liability and scope of Section 139, with references to related provisions and judicial interpretations where applicable.
1[139A. Apportionment of responsibility for property tax when the premises assessed are let or sub-let
(1) If any building or land or premises assessed to any property tax are let, and their rateable value exceeds the amount of rent payable in respect thereof the person from whom, under the provision of section 139, the said tax is leviable, the said person shall be entitled to receive from his tenant the difference between the amount of the property tax levied from him, and the amount which would be leviable from him if the said tax were calculated on the amount of rent payable to him.
(2) If the building or land or premises are sub-let and their rateable value exceeds the amount of rent payable in respect thereof to the tenant by his sub-tenant, or the amount of rent payable in respect thereof to a sub-tenant by the person holding unde
(1) If the sum due on account of any property tax remains unpaid after a bill for the same has been duly served under the rules upon the person primarily liable for the payment thereof and the said person be not the occupier for the time being of the premises in respect of which the tax is due, the Commissioner may serve a bill for the amount upon the occupier of the said premises, or, if there are two more occupiers thereof, may serve a bill upon each of them for such portion of the sum due as bears to the whole amount due the same ratio which the rent paid by such occupier bears to the aggregate amount of rent paid by them both or all in respect of the said premises.
(2) If the occupier or any of the occupiers fails within thirty days from the service of any such bill to pay the amount therein claimed, the said amount may be recovered from him in accordance with the rules.
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(1) Property-taxes due under this Act in respect of any building or land shall, subject to the prior payment of the land revenue, if any, due to the1 [State] Government thereupon, be a first charge, in the case of any building or land held immediately from the2 [Government], upon the interest in such building or land of the person liable for such taxes and upon the movable property, if any, found within or upon such building or land and belonging to such person; and in the case of any other building or land, upon the saidbuilding or land and upon the movable property, if any, found within or upon such building or land and belonging to the person liable for such taxes.
Explanation.--Theterm "property taxes" in this section shall be deemed to include charges payable under section 134 for water supplied to any premises and the costs of recovery of property-taxes as specified in the ru
1[141A. Levy of interest on the sum due on account of property tax
(1) If any person liable to pay property tax under this Chapter does not pay the property tax within the time prescribed for its payment under the rules made therefor, there shall be paid by such person for the period commencing on the date of the expiry of the aforesaid prescribed time and ending on the date of the payment of the amount of property tax, simple interest at the rate of eighteen per cent, per annum on the amount of property tax not so paid or any less amount thereto remaining unpaid during such period:
Provided that where the property tax for an official year commencing on the first day of April, 1986 or for any official year thereafter in respect of premises used exclusively for residential purpose the rateable value of which does not exceed three hundred
(1) Except as hereinafter provided, a tax at rates not exceeding those prescribed by order in writing by the1[State] Government in this behalf from time to time shall be levied on vehicles, boats and animals of the descriptions specified in the order, when kept for use in the City for the conveyance passengers or goods in the case of vehicles and boats and for riding, racing, draught or burden in the case of animals.2[Provided that no tax shall be levied on motor vehicles save as provided in section 20 of the Bombay Motor Vehicles Tax Act, 1958.]
Explanation.--A vehicle, boat, or animal kept outside the limits of the City but regularly used within such limits shall be deemed to be kept for use in the City.
(2) The Corporation shall from year to year, in accordance with section 99, determine the rates at which the tax shall be levied.
(1) The said tax shall not be leviable in respect of--
(a) vehicles, boats and animals belonging to the Corporation other than vehicles or animals used exclusively for the purposes of the Transport Undertaking;
(b) vehicles, boats and animals vesting in the1[Government] and used solely for public purposes and not used or intended to be used for purposes of profit, including vehicles, boats and animals belonging to the Defence Forces;
(c) vehicles and boats intended exclusively for the conveyance free of charge of the injured, sick or dead;
(d) children's perambulators and tricycles;
(e) vehicles belonging to municipal officers or servants who are required by the terms of their appointment to maintain a co
The Commissioner may, with the approval of the Standing Committee, compound with any livery stable keeper or other person keeping vehicles or horses or bullocks for hire, or with any dealer having stables in which horses are kept for sale on commission or otherwise, for the payment of a lump sum for any period not exceeding one year at a time, in lieu of the taxes leviable, under section 142 which sum livery stable keeper or other person or dealer would otherwise be liable to pay.
(1) The Commissioner may make an inspection of any stable, garage or coach house or any place wherein he may have reason to believe that there is any vehicle, boat or animal liable to a tax under this Act.
(2) The Commissioner may, by written, summons, require the attendance before, him of any person, whom he has reason to believe to be liable to the payment of a tax in respect of a vehicle, boat or animal, or of any servant of any such person, and may, examine such person or servant as to the number and description of vehicles, boats and animals owned by or in the possession or under the control of such person; and every person so summoned shall be bound to attend before the Commissioner and to give true information to the best of his knowledge or belief, as to the said matters.
(1) No octroi shall be leviable on any article which, at the time of its importation, is certified by an officer empowered by the Government concerned in this behalf to be the property of the1[Government], to be used or intended to be used solely for public purposes and not to be used or intended to be used for purposes of profit.
(2) If any article on which octroi is paid is imported under a written declaration signed by the importer that such article is being imported for the purpose of fulfiling a specified contract with the Government or otherwise for the use of the1[Government], the full amount of the duty paid thereon shall be refunded on production, at any time within six months after importation, of a certificate signed by an officer empowered by the Government concerned in this behalf certifying that the article so imported has become the property of1[Government], is used
Until the contrary is proved any goods imported into the City shall be presumed to have been imported for the purposes of consumption, use or sale therein unless such goods are conveyed from the place of import to the place of export by such routes, within such time, under such supervision and on payment of such fees therefor as shall be determined by the standing orders.
Exemptions from Theatre Tax
The theatre tax shall not be leviable in respect of--
(a) any entertainment or amusement for admission to which no charge is made or only a nominal charge is made;
(b) any entertainment or amusement which is not open to the general public on payment;
(c) any entertainment or amusement the full proceeds of which, without the deduction of expenses, are intended to be utilised far a public charitable purpose.
Explanation.-- For the purposes of this section a nominal charge shall be such charge as may be fixed by the rules.
Othertaxes
(1) In the event of the Corporation deciding to levy any of the taxes specified in sub-section (2) of section 127, it shall make detailed provision, in so far as such provision is not made by this Act, in the form of rules, modifying, amplifying or adding to the rules at the time in force for the following matters, namely :--
(a)the nature of the tax, the rates thereof, the class or classes of persons, articles or properties liable thereto and the exemptions therefrom, if any, to be granted;
(b) the system of assessment and method of recovery and the powers exercisable by the Commissioner or other officers in the collection of the tax;
(c) the information required to be given of liability to the tax;
SupplementaryTaxation
Whenever the Corporation determines under section 104 to have recourse to supplementary taxation in any official year, it shall do so by increasing, for the unexpired portion of the said year, the rates at which any tax imposable under this Act is being levied, subject to the limit and conditions for such tax prescribed in this Act or in the orders or sanction of the1 [State] Government or by levying, with due sanction, a tax imposable under this Act but not being levied at the time being.
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1.This word was substituted for the word"Provincial" the by Adaptation of Laws Order, 1959.
Refunds
Refunds of a municipal tax shall be claimable in the manner and subject to the conditions prescribed by rules.
The Commissioner may, with the approval of the Standing Committee, from time to time write off any sum due on account of any tax or of the costs of recovering any tax, which shall, in his opinion, be irrecoverable.
1[152A. Assessment, levy, etc. of property taxes in the City of Ahmedabad for past years in respect of certain properties
(1) In the City of Ahmedabad if in respect of premises included in the assessment book relating to Special Property Section, the levy, assessment, collection or recovery of any of the property taxes for any official year preceding the official year commencing on the 1st April, 1968 is affected by a decree or order of a court on the ground that the determination of the rateable value of the premises on the basis of rental value per foot of the floor area was not according to law or that sub-rules (2) and (3) of rule 7 of the rules contained in Chapter VIII of Schedule A to this Act were invalid, then it shall be lawful for the Municipal Corporation of the City of Ahmedabad to assess or reassess in respect of such premises any such property tax for any such offici
Section 152A of the Gujarat Provincial Municipal Corporations Act, 1949, pertains to the assessment and levy of property taxes, specifically addressing the recovery of taxes for past years on certain properties within municipal limits. It was inserted to streamline the process of assessing and collecting property taxes, including those overdue, in the city of Ahmedabad and other municipal areas.
Section 152A authorizes municipal authorities to assess and levy property taxes for previous years on specific properties, particularly in Ahmedabad. It provides the legal basis for the recovery of arrears of property taxes, including assessment procedures and levy mechanisms, for properties that may not have been taxed or had overdue taxes in past years.
Note: The analysis is based on the available sources, primarily focusing on the scope, purpose, and legal considerations surrounding Section 152A, including judicial pronouncements on its constitutionality.
(1) The Commissioner shall maintain and keep in repair all municipal drains and shall with the approval of the Corporation construct such new drains as shall from time to time be necessary for effectually draining the City.
(2) The Commissioner shall also, in the case of any street in which there is a municipal drain, construct at the charge of the Municipal Fund such portion of the drain of any premises to be connected with such municipal drain as it shall be necessary to lay under part of such street and the portion of any connecting drains so laid under the street shall vest in the Corporation and be maintained and kept in repair by the Commissioner as a municipal drain.
(1) The Commissioner may at any time with the approval of the Corporation declare that any drain or part thereof or any drainage or sewage disposal works situate within the City or serving the City or any part thereof shall, from such date as may be specified in the declaration, become vested in the Corporation :
Provided that, when the Commissioner proposes to make a declaration under this sub-section, he shall give written notice of the proposal to the owner or owners of the drain or works in question and shall take no further action in the matter until either one month has elapsed without an objection against his proposal being lodged under sub-section (2), or, as the case may be, until any objections so lodged has been duly considered.
(2) An owner aggrieved by the proposal of the Commissioner to make a declaration under sub-section
(1) The Commissioner may carry any municipal drain through, across or under any street, or any place laid out as or intended for a street or under any cellar or vault which may be under any street, and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within the City, or, for the purpose of outfall or distribution of sewage, without the City.
(2) The Commissioner may enter upon, and construct any new drain in the place of an existing drain in, any land wherein any municipal drain has been already lawfully constructed, or repair or alter any municipal drain so constructed.
The Commissioner may enlarge, after the course of, lessen, arch over or otherwise improve any municipal drain, and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessary or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or for the purpose of surface drainage:
Provided that, if by reason of anything done under this section any person is deprived of the lawful use of any drain, the Commissioner shall, as soon as may be, provide for his use some other drain as effectual as the one which has been discontinued, closed up or destroyed or the use of which has been prohibited.
(1) The municipal drains shall be so constructed, maintained and kept as to create the least practicable nuisance and shall be from time to time properly flushed, cleansed and emptied.
(2) For the purpose of flushing, cleansing, and emptying the said drains, the Commissioner may construct or set up such reservoirs, sluices, engines and other works, as he shall from time to time deem necessary.
The owner of a private street shall be entitled to connect the drain of such street with a municipal drain subject to the conditions laid down in the rules.
(1) Subject to the provisions of this section, the owner or occupier of any premises shall be entitled to cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainage :
Provided that nothing in this sub-section shall entitle any person--
(a) to discharge directly or indirectly into any municipal drain any trade effluent except in accordance with the provisions of section 166 or any liquid or other matter the discharge of which is prohibited by or under this Act or any other law for the time being in force;
(b) where separate municipal drains are provided for foul water and for surface water, to discharge directly or indirectly--
(i) foul water into a drain provided for surface water; or
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(1) Where a person proposes to construct a drain, the Commissioner may, if he considers that the proposed drain is, or is likely to be, needed to form part of a general drainage system which the Corporation has provide or proposes to provide, require him to construct the drain in a manner differing, as regards material or size of pipes, depth, fall, direction or outfall, or otherwise, from the manner in which he proposes, or could otherwise be required by the Commissioner, to construct it, and it shall be his duty to comply with the requirements of the Commissioner.
(2) No person who under this section has been required by the Commissioner to construct a drain in a particular manner shall construct it or cause it to be constructed otherwise than in accordance with the requirements of the Commissioner.
(3) The Commissioner shall repay fro
No person shall, without complying with the provisions of section 168 or 159, as the case may be, and the rules, make or cause to be made any connection of a drain belonging to himself or to some other person with any municipal drain or other place legally set apart for the discharge of drainage; and the Commissioner may close, demolish, alter or remake any such connection made in contravention of this section, and the expenses incurred by the Commissioner in so doing shall be paid by the owner of the street, or the owner or occupier of the premises, for the benefit of which the connection was made, or by the person offending.
(1) If it shall appear to the Commissioner that the only means or the most convenient means by which the owner or occupier of any premises can cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainage, is by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the Commissioner, after giving to the owner of the land a reasonable opportunity of stating any objection, may, if no objection is raised, or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorise the said owner or occupier to carry his drain into, through or under the said land in such manner as he shall think fit to allow.
(2) Every such order, bearing the signature of the Commissioner, shall be a complete authority to the person in whose favour it is made, or
Every owner of land shall be bound to allow any person in whose favour an order has been made under sub-section (1) of section 162 to carry a drain into, through or under the land of such owner on such terms as may be prescribed in such order.
Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage and a municipal drain or some place legally set apart for the discharge of drainage is situated at a distance not exceeding one hundred feet from, some part of the said premises, the Commissioner may, by written notice, require the owner or occupier of the said premises--
(a) to make a drain of such material, size and description and laid at such level and according to such alignment and with such fall and outlet as may appear to the Commissioner necessary, emptying into such municipal drain or place aforesaid at such point as the Commissioner may consider suitable :
Provided that, where any premises have already been drained under municipal requirements and have to be redrained, no such requisition shall be made without the previou
1[ 164 A. Premises deemed to be without effectual drainage
For the purposes of this Chapter, premises sh all be deemed to be without effectual dr ainage unless dr ainage therefrom is discharged or the dr ain attached thereto is emptied into a municipal dr ain or some place legally set apart for the discharge of dr ainage or a cesspool in accordance with the provisions of this Act.]
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1 . Section 164 A was inserted by Guj. 19 of 1964 , section 7 .
(1) Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage, but not municipal drain or such place as aforesaid is situated at a distance not exceeding one hundred feet from some part of the said premises, the Commissioner may, by written notice, require the owner or occupier of the said premises--
(a) to construct a drain up to a point to be prescribed in such notice, but not distant more than one hundred feet from some part of the said premises; of
(b) to construct a closed cesspool of such material, size and description in such position, at such level, and with allowance for such fall as the Commissioner thinks necessary and drain or drains emptying into such cesspool.
(2) Any requisition for the construction of any drain under sub-section
Subject to the provisions of this Act, rules and by-laws, the occupier of any trade premises may, with the consent of the Commissioner, or so far as may be permitted by any such rules or by-laws without such consent, discharge into the municipal drains any trade effluent proceeding from those premises.
1 [166A. Special provisions regarding draingage of trade effluents
(1) Notwithstanding anything contained in this Act, or the rules or by-laws or any usage, custom or agreement, where in the opinion of the Commissioner any trade premises are without sufficient means of effectual drainage of trade effluent or the drains thereof, though otherwise unobjectionable are not adapted to the general drainage system of the City, the Commissioner may by written notice require the owner or occupier of such premises--
(a) to discharge the trade effluent from the premises in such manner, at such times, through such drains and subject to such conditions as may be specified in the notice and to cease to discharge the trade effluent otherwise than in accordance with the notice;
(b) to purify the trade effluent
(1) Where the Commissioner is of opinion that any group or block of premises, any part of which is situated within one hundred feet of a municipal drain, or other place legally set apart for the discharge of drainage, already existing or about to be constructed, may be drained more economically or advantageously in combination than separately, the Commissioner may cause such group or block of premises to be drained by such method as appears to the Commissioner to be best suited therefor, and the expenses incurred by the Commissioner in so doing shall be paid by the owners of such premises in such proportions as the Commissioner thinks fit.
(2) Not less than fifteen days before any work under this section is commenced the Commissioner shall give written notice to the owners of all the premises to be drained, of--
(a) the nature of the int
(1) Where a drain connecting any premises with a municipal drain or other place legally set apart for the discharge of drainage, though sufficient for the effectual drainage of the said premises and otherwise unobjectionable, is not, in the opinion of the Commissioner, adapted to the general drainage system of the City or of the part of the City in which such drain is situated, the Commissioner may--
(a) subject to the provision of sub-section (2), close, discontinue, or destroy the said drain and cause any work necessary for that purpose to be done;
(b) direct that such drain shall, from such date as he may specify in this behalf, be used for sullage and sewage only, or for rainwater only or for unpolluted sub-soil water only, or for both rain-water and unpolluted sub-soil water only, and by written notice required the owner or occupier
Subject to the provisions of sub-section (2) of section 153, every drain which has been constructed, laid, erected or set up, whether at the expense of the Corporation or not, or which is continued for the sole use and benefit of any premises or group of premises shall--
(a) notwithstanding anything contained in section 170, vest in the owner of such premises or group of premises on and from the appointed day;
(b) be provided with all such further appliances and fittings as may appear to the Commissioner necessary for the more effectual working of the same, and also be maintained in good repair and efficient condition by the owner of such premises or group of premises, and be from time to time flushed, cleansed and emptied by the Commissioner at the charge of the Municipal Fund.
All drains, ventilation-shafts and pipes and all appliances and fittings connected with drainage works constructed, erected or set up at any time at the charge of the Municipal Fund or at the charge of the funds of any local authority having jurisdiction in any part of the City before the appointed day upon any premises not belonging to the Corporation and otherwise than for the sole use and benefit of the premises or group of premises shall, unless the Corporation has otherwise determined, vest in the Corporation.
(1) It shall not be lawful newly to erect any building, or to re-erect any building, or to occupy any building newly erected or re-erected unless and until-
(a) a drain be constructed of such size, material and description, at such level and with such fall as shall appear to the Commissioner to be necessary for the effectual drainage of such building;
(b) there have been provided for and set up in such building and in the premises appurtenant thereto, all such appliances and fittings as may appear to the Commissioner to be necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said building and the said premises, and of effectually flushing the drain of the said building and every fixture connected therewith.
(2) The drain to be constructed as
Every owner of a drain connected with a municipal drain or other place legally set apart for the discharge of drainage shall be bound to allow the use of it to others, or to admit other persons as joint owners thereof, on such terms as may be prescribed under section 173.
(1) Any person desiring to drain his premises into a municipal drain through a drain of which he is not an owner, may make a private arrangement with the owner for permitting his use of the drain, or may apply to the Commissioner for authority to use such drain or to be declared joint owner thereof.
(2) Where the Commissioner is of opinion, whether on receipt of such application or otherwise, that the only, or the most convenient, means by which the owner or occupier of any premises can cause the drain of such premises to empty into a municipal drain or other place legally set apart for the discharge of drainage is through a drain communicating with such municipal drain or place aforesaid but belonging to some person other than the said owner or occupier, the Commissioner, after giving the owner of the drain a reasonable opportunity of stating any objection thereto, may, if no obje
Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, the Commissioner may require that there shall be one drain for sullage, excrementitious matter and polluted water and another and an entirely distinct drain for rain water and unpolluted sub-soil water or for both rainwater and unpolluted sub-soil water, each emptying into separate municipal drains or other places legally set apart for the discharge of drainage or other suitable places.
(1) For the purpose of ventilating any drain or cesspool, whether belonging to the Corporation or to any other person, the Commissioner may erect upon any premises or affix to the outside of any building or to any tree any such shaft or pi e as shall appear to the Commissioner necessary and cut through any projection from any building including the eaves of any roof thereof in order to carry up such shaft or pipe through any such projection and lay in, through, or under any land such appliances as may in the opinion of the Commissioner be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated.
(2) Such shaft or pipe shall be erected or affixed or removed in the manner laid down in the rules.
(3) If the Commissioner declines to remove a shaft or pipe under the rules, the owner of the p
The Commissioner may cause all or any municipal dr ains to empty into any place, whether within or without the City, and dispose of the sewage at any place whether within or without the City, and in any manner which he sh all deem suitable for such purpose:
Provided that--
(a) the Commissioner sh all not cause any municipal dr ain to empty into any place into which a municipal dr ain has not heretofore emptied, or dispose of sewage at any place or in any manner at or in which sewage has not heretofore been disposed of, without the sanction of the Corp oration;
(b) no municipal dr ain sh all be made to empty into any place, and no sewage sh all be disposed of at any place or in any manner which the1[State] Government sh all think fit to disallow.
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The Commissioner may, for the purpose of receiving, treating, storing, disinfecting, distributing or otherwise disposing of sewage, construct any work within or without the City or purchase or take on lease any land, building, engine, material or apparatus either within or without the City or enter into any arrangement with any person for any period not exceeding twenty years for the removal or disposal of sewage within or without the City.
(1) It shall not be lawful to construct any water-closet or privy for any premises except with the written permission of the Commissioner and in accordance with such terms not being inconsistent with any rule or by-law for the time being in force as he may prescribe.
(2) In prescribing any such terms the Commissioner may determine in each case--
(a) whether the premises shall be served by the water-closet or by the privy system, or partly by one and partly by the other; and
(b) what shall be the site or position of each water-closet or privy.
(3) If any water-closet or privy is constructed on any premises in contravention of sub-section (1), the Commissioner may, after giving not less than ten days' notice to the owner or occupier of such premises,
1[ 178 A. Power of Commissioner to require owner to provide water-closet or privy accommodation
( 1 ) Where any premises are, in the opinion of the Commissioner, without the adequate and suitable water-closet or privy accommodation in accordance with the rules made by the Corp oration in that behalf, the Commissioner, may, by written notice, require the owner of such premises to provide such water-closet or privy accommodation in accordance with the rules made by the Corp oration in that behalf, within such time as may be specified in such notice and if the owner fails to comply with such requirement, within the time so specified or within such time as may, on the application of the owner, be extended by the Commissioner for any reasonable cause, it sh all be lawful for the Commissioner to make such provision from the fund of the Corp oration. The expenses incurred by the Commissio
(1) It shall not be lawful to erect or to re-erect or convert within the meaning of section 253 any building for, or intended for, human habitation, or at or in which labourers or workmen are to be employed, without such water-closet or privy accommodation and such urinal accommodation and accommodation for bathing or for the washing of clothes and domestic utensils of such building as the Commissioner may prescribe.
(2) In prescribing any such accommodation the Commissioner may determine in each case--
(a) whether such building or work shall be served by the water-closet or by the privy system, or partly by one and partly by the other;
(b) what shall be the site or position of each water-closet, privy, urinal or bathing or washing place and their number.
The Commissioner shall provide and maintain in proper and convenient situations water-closets, latrines, privies and urinals and other similar conveniences for public accommodation.
(1) All drains, ventilation-shafts and pipes, cess-pools, house-gullies, water-closets, privies, latrines and urinals and bathing and washing places which do not belong to the Corporation, or which have been constructed, erected or set up at the charge of the Municipal Fund on premises not belonging to the Corporation, for the use or benefit of the owner or occupier of the said premises, shall be open to inspection and examination by the Commissioner.
(2) The Commissioner may, in the course of an inspection or examination under sub-section (1), obtain and take away a sample of any trade effluent which is passing from the premises inspected or examined into a municipal drain. The analysis of such sample shall be made in the manner prescribed by the rules.
(3) The results of any analysis of a sample taken under sub-section (2) shall be adm
For the purpose of such inspection and examination, the Commissioner may cause the ground or any portion of any drain or other work exterior to a building, or any portion of a building, which he shall think fit, to be opened, broken up or removed.
(1) If upon any such inspection and examination as aforesaid, it shall be found that the drain, ventilation-shaft or pipe, cess-pool, house-gully, water-closet, privy, latrine or urinal or bathing or washing place examined is in proper order and condition, and that none of the provisions of this Act or of the rules or by-laws or any other enactment for the time being in force has been contravened in respect of the construction or maintenance thereof, and that no encroachment has been made thereupon, the ground or portion of any building, drain or other work, if any, opened, broken up or removed for the purpose of such inspection and examination shall be filled in, reinstated and made good by the Commissioner.
(2) If it shall be found that any drain, ventilation-shaft or pipe, cess-pool, house-gully, water-closet, privy, latrine or urinal or bathing or washing place so examined is n
(1) When the result of such inspection and examination as aforesaid is as described in sub-section (2) of section 183 the Commissioner may--
(a) by written notice require the owner of the premises or the several owners of the respective premises in which the drain, ventilation-shaft or pipe, cesspool, house-gully, water-closet, privy, latrine, urinal or bathing or washing place is situated or for the benefit of which the same has been constructed, erected or set up, --
(i) to close or remove the same or any encroachment thereupon or, subject to the proviso to clause (c) of sub-section (1) of section 186, to remove any projection over the same, or
(ii) to renew, repair, cover, recover, trap, ventilate, flush, pave and pitch or take such other order to keep the same in working condition by effec
In the case of any drain which has been constructed, erected or fixed, or which is continued, for the exclusive use and benefit of two or more premises and which is not --
(a) a drain constructed under sub-section (1) of section 167, or
(b) a drain in respect of which conditions as to the respective responsibilities of the parties have been declared under sub-section(2) of section 173,
the expanses of any inspection and examination made by the Commissioner under section 181 and of the execution of any work required under section 184, whether executed under section 188 or not, shall be paid by the owners of such premises, in such proportions, as shall be determined by the Commissioner.
1 [185A. Power of Commissioner to provide house drain, water connections, etc. in premises where owner is not willing to do so
(1) If in respect of any premises which consist of a building or a block or group of buildings having a number of residential tenements therein, with an area of land, open or enclosed, appurtenant thereto, the Commissioner, whether on receipt of an application or otherwise, is of opinion that the tenants or other residents of such tenements are not provided with facilities for drainage, supply of water, electricity, common water closet or any such other essential supply or are provided with any of such facilities which are insufficient to meet with the reasonable requirements of such tenants or residents and that the tenants or residents who are desirous of obtaining any of such facilities are not able to do so without incurring disproportionate cost on acc
(1) No person shall--
(a) in contravention of any of the provisions of this Act or rules or bylaws or of any notice issued or direction given under this Act or without the written permission of the Commissioner, in any way alter the fixing, disposition or position of, or construct, erect, set up, renew, rebuild, remove, obstruct, stop up, destroy or change, any drain, ventilation-shaft or pipe, cess-pool, water-closet, privy, latrine or urinal or bathing or washing place or any trap, covering or other fitting or appliance connected therewith;
(b) without the written permission of the Commissioner, renew, rebuild or unstop any drain, ventilation-shaft or pipe, cess-pool, water-closet, privy, latrine or urinal or bathing or washing place, or any fitting or appliance, which has been, or has been ordered to be, discontinued, demolished or st
(1) No person shall injure or foul any water-closet, privy, urinal or bathing or washing place or any fitting or appliances in connection therewith which have been provided for the use in common of the inhabitants of one or more buildings.
(2) If any such water-closet, privy, urinal or bathing or washing place or any fitting or appliance in connection therewith or the approaches thereto or the walls floors or seats or anything used in connection therewith are in such a state as to be a nuisance or source of annoyance to any inhabitant of the said building or buildings or to any inhabitant of the locality or passer-by for want of proper cleaning thereof, such of the persons having the use thereof as may be in default, or, in the absence of evidence as to which of the persons having the use thereof in common is in default, every such person shall be deemed to have contravened the pro
(1) The Commissioner may, if he thinks fit, cause any work described in this Chapter or in Chapter IX of the Schedule to be executed by municipal or other agency under his own orders, without first of all giving the person by whom the same would otherwise have to be executed the option of doing the same.
(2) The expenses of any work so done shall be paid by the person aforesaid, unless the Corporation shall by a general or special or resolution sanction, as it is hereby empowered to sanction, the execution of such work at the charge of the Municipal Fund.
(1) When the Commissioner has given public notice under clause (b)of sub-section ( meeting the reasonable requirements of the resident of suchportion of the City.
(3) All municipal water-works Corporation, no person shall--
(a) erect any building for any purpose whatever onany part of such area as shallbe demarcated by the Commissioner surrounding any lake, tank, well or reservoirfrom which a supply of water is derived for a municipal water-work;
(b) remove, alter, injure, damage or in any wayinterfere with the demarcation works of the area aforesaid;
(c) extend, alter or apply toany purpose different to that to which the same has been heretofore applied,any building already existing within the area aforesaid; or
&nb
Section 189 of the Gujarat Provincial Municipal Corporations Act, 1949, deals with the powers and responsibilities of the Municipal Corporation concerning the levy and collection of taxes, rates, and other charges. It forms a crucial part of the statutory framework that governs municipal finance and administration, ensuring that local bodies can generate revenue for public welfare activities and infrastructure development.
Section 189 authorizes the Municipal Corporation to impose taxes, rates, and duties on properties, businesses, and other sources within its jurisdiction, subject to provisions of the Act and rules framed thereunder. It prescribes the manner of assessment, levy, and recovery of such taxes and charges, including the procedures for appeals and disputes related to tax assessments.
Violations of the provisions related to taxes under Section 189, such as evasion or non-compliance with assessment procedures, attract penalties under the Act and other applicable laws. Penalties may include fines, imprisonment, or both, depending on the nature and severity of the offence. Additionally, illegal levies or collection methods may be declared null and void by courts.
Note: The above commentary synthesizes the legal principles, judicial interpretations, and recent jurisprudence relevant to Section 189 of the Gujarat Provincial Municipal Corporations Act, 1949, with references to the provided sources and case law.
General
The Commissioner may supplywater from a municipal water work to any local authority or person without theCity on such terms as to payment and as to the period and conditions of supplyas shall be, either generally or specially, approved by the other structure external to a building, abutting on a publicstreet or a portion of a platform, verandah, step, compound wall, hedge orfence or other such structure, iswithin the regular line of such street, Commissioner may, after giving to theowner of the land or building not less than seven clear days' written notice of other such structure as aforesaid or of the portion of the saidplatform, verandah, step or othersuch structure as aforesaid, which is within the regular line of the streetand, if necessary clear the same and the land so acquired,1950.
2.This word was substituted for the wor
The Commissioner may decline to accept any plan, section or description assufficient for the purposes of section 217 or218 which does not bear the signature of a licensedsurveyor in token of its having been prepared by such surveyor or under
(1) No person shall sell, let, use or permit the use of any land whether undeveloped or partly developed for building or divide any such land into building plots, or make or lay out any private street--
(a) unless such person has given previous written notice of his intention as provided in section 217 nor until the expiration of sixty days from delivery of such notice, nor otherwise than in accordance with such directions (if any) as may have been fixed and determined under sub-section (1) of section 220;
(b
If a person who is entitled to proceed with any work under section 220 fails so to do within the period of one year specified therein he may at any time give fresh notice of his intention to execute such work and such notice shall be treated as a new notice under section 217.
If any private street or any other means of access to a building be not levelled, metalled, flagged or paved, sewered, drained, channelled, lighted or provided with trees for shade to the satisfaction of the Commissioner, he may, with the sanction of the Standing Committee, by written notice, require the owner or owners of the several premises fronting or adjoining the said street or other means of access or abutting thereon or to which access is obtained through such street or other means of access or which will benefit by works executed under this section to carry out any one or more of the aforesaid requirements in such manner as he shall direct.
When any private street has been levelled, metalled, flagged or paved, sewered, drained, channelled and made good to the satisfaction of the Commissioner, he may and, upon the request of the owners or of any of the owners, of such street, shall, if lamps, lamp-posts and other apparatus necessary for lighting such street have been provided to his satisfaction and if all land revenue payable to the1[State] Government in respect of the land comprised in such street has been paid, declare the same to be a public street by notice in writing put up in any part of such street, and thereupon the same shall become a public street and vest in the Corporation as such :
Provided that no such street shall become a public street if, within one month after such notice has been put up, the owner of such street or the greater part thereof shall, by notice in writing to the Commissioner, object ther
If a portion only of any street is a public street, the other portion of such street may for all purposes of sections 223 and 224 be deemed to be a private street.
(1) Except as provided in section 227, no person shall erect, set up, add to, or place against or in front of any premises any structure or fixture, which will--
(a) overhang, jut or project into, or in any way encroach upon, or obstruct in any way the safe or convenient passage of the public along, any street, or
(b) jut or project into or encroach upon any drain or open channel in any street, so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof.
(2) The Commissioner may, by written notice, require the owner or occupier of any premises to remove or to take such other order as he may direct with any structure or fixture which has been erected, set up, added to or placed against, or in front of, the said premises
(1) The Commissioner may give a written permission, on such terms as he shall in each case think fit, to the owner or occupier of any building abutting on any street--
(a) to erect an arcade over such street or any portion thereof, or
(b) to put up a verandah, balcony, arch, connecting passage, sunshade, weather-frame, canopy, awning, or other such structure or thing projecting from any storey over or across any street or portion thereof :
Provided that no permission shall be given by the Commissioner for the erection of an arcade in any public street in which the construction of arcades has not been generally sanctioned by the Corporation.
(2) The provisions of section 226 shall not be deemed to apply to any Arcade, verandah, balcony, arch, connect
The Commissioner may at any time, by written notice require the owner of any premises on the ground-floor of which any door, gate, bar or window opens outwards upon a street, or upon any land required for the improvement of a street, in such manner as, in the opinion of the Commissioner, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.
(1) No person shall, except with the permission of the Commissioner under section 227 or 234, erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or moveable and whether of a permanent or a temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy, any portion of such street, channel, drain, well of tank.
(2) Nothing in this section shall be deemed to apply to any erection or thing to which clause (c) of sub-section (1) of section 239 applies.
(1) No person shall, except with the written permission of the Commissioner--
(a) place or deposit upon any street, or upon any open channel, drain or well in any street or in any public place any stall, chair, bench, box, ladder, bale, or other thing whatever so as to form an obstruction thereto or encroachment thereon;
(b) project, at a height of less than twelve feet from the surface of the street, any board or chair, beyond the line of the plinth of any building over any street, or over any open channel, drain, well or tank in any street;
(c) attach to, or suspend from, any wall or portion of a building abutting on a street, at a lower height than aforesaid anything whatever.
(2) Nothing in clause (a) of sub-section (1) applies to building mater
The Commissioner, may, without notice, cause to be removed--
(a) any wall, fence, rail, post, step, booth or other structure whether fixed or moveable and whether of a permanent or a temporary nature, or any fixture which shall be erected or set up in or upon or over any street or upon or over any open channel, drain, well or tank contrary to the provisions of this Act after the appointed day;
(b) any stall, chair, bench, box, ladder, bale, board or shelf, or any other thing whatever placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of this Act;
(c) any article whatsoever hawked or exposed for sale in a public place or in any public street in contravention of the provisions of this Act and any vehicle, package, box or any other thing in or on w
The Commissioner may, by written notice, require the owner or occupier of any premises contiguous to, or in front of, or in conection with which any wall, fence, rail, post, step, booth or other structure or fixture, which it would be unlawful to erect or set up under this Act, has been erected or set up before the appointed day, to remove the said wall, fence, rail, post, step, stall or other structure or thing :
Provided that, if in any such case the structure or fixture shall have been lawfully erected or set up, compensation shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof.
(1) No person shall tether any animal or cause or permit the same to be tethered by any member of his family or household, in any public street.
(2) Any animal tethered as aforesaid may be removed by the Commissioner, or by any municipal officer or servant, and made over to a police officer, or may be removed by a police officer, who shall deal therewith as with an animal found straying.
Temporary Erections on Streets during Festivals
1[With the concurrence, in any area for which a Commissioner of Police has been appointed, of the Commissioner of Police or any officer nominated by hi m and elsewhere, of the District Magistrate or any officer nominated by hi m,] the Commissioner may grant a written permission for the temporary erection of a booth and any other such structure any street on occasions of ceremonies and festivals.
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1 . This portion was sub stituted for the original portion by B om. 56 of 1959 , section 3 , Schedule.
Whenever the soil or pavement of any street is opened or broken up by or under the order of the Commissioner, or of any municipal officer or servant, for the execution of any work on behalf of the Corporation, the work on account of which the same shall have been opened or broken up shall be completed and the soil or pavement filled in, reinstated and made good with all convenient speed; and on completion of the work, the surplus of earth and materials, if any, excavated and all rubbish occasioned thereby shall be removed without delay.
(1) The Commissioner may, whilst any such work as aforesaid or any work which may lawfully be executed in any street is in progress, direct that the said street shall be wholly or partially closed for traffic or for traffic of such description as he shall think fit; and shall set up in a conspicuous position an order prohibiting traffic to the extent so directed, and fix such bars, chains or posts across or in the street as he shall think proper for preventing or restricting traffic therein.
(2) No person shall, without the permission of the Commissioner or without other lawful authority, remove any bar, chain or post so fixed or infringe any order prohibiting traffic so set up.
Whilst the execution of any work on behalf of the239 to openor break up the soil or pavement of any street, or who, under any means oflighting which may be interrupted by reason of the execution of the said work.
(1) The Commissioner may, with the approval of the Standing Committee, require by written order the corner of any building which has already been erected, or which is to be newly erected or which is to be reconstructed or repaired and which is situated at the junction of two or more streets to be rounded or splayed off to such height and in such manner as he may determine and may also in such order impose such conditions as he deems necessary as to the construction of a compound wall or fence or hedge or any other structure whatsoever or the planting or retention of any tree on the premises appurtenant to such building.
(2) Compensation shall be paid by the Commissioner for any loss or damage caused by the issue of an order under sub-section (1).
( 1) No person shall, without the written permission of the Commissioner, erect, fix or retain any sky-sign of the kind prescribed by rules whether existing on the appointed day or not. Such written permission1[may be granted or renewed for a period not exceeding two years] from the date of each such permission or renewal, subject to the condition that such permission shall be deemed to be void if--
(a) any addition is made to the sky-sign except for the purpose of making it secure under the direction of the City Engineer;
(b) any change is made in the sky-sign, or any part thereof;
(c) the sky-sign or any part thereof fall either through accident, decay or any other cause;
(d) any addition or alteration is made to, or in, the building or structure
1[ 245 . Regulation and control or advertisements
( 1 ) No person sh all, without the written permission of the Commissioner, erect, exhibit, fix or retain any advertisement upon any land, building, wall, hoarding or structure:
Provided always that such permission sh all not be necessary in respect of any advertisement which is not illuminated advertisement or a sky-sign and which--
(a) is exhibited within the window of any building, or
(b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein, or to any sale, entertainment or me eting to be held upon or in the same, or to the trade or business carried on by the owne
(1) No person who proposes to build, take down or rebuild any building or wall, or to alter or repair any part of any building or wall, shall, in any case in which the footway in any adjacent street will be thereby obstructed or rendered less convenient, commence doing so without first having caused to be put up a proper and sufficient hoard or fence, with a convenient platform and hand-rail if there be room enough for the same and the Commissioner shall think the same desirable, to serve as a footway for passengers outside of such hoard or fence.
(2) No hoard or fence shall be so put up without the previous written permission of the Commissioner, and every such hoard or fence, put up with such permission, with such platform and hand-rail as aforesaid, shall be continued standing and maintained in good condition to the satisfaction of the Commissioner, by the person who carries on
(1) If any place is, in the opinion of the Commissioner, for want of sufficient repair, protection or enclosure or owing to some work being carried on thereupon, dangerous to passengers along a street, or to persons who have lawful access thereto or to the neighborhood thereof or if any such work, in the opinion of the Commissioner, affects the safety or convenience of such persons, he may, by notice in writing, require the owner or occupier thereof to repair, protect or enclose the said place or take such other step as shall appear to the Commissioner necessary, in order to prevent danger therefrom or to ensure safety or convenience of such persons.
(2) The Commissioner may, before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent danger from the said place or to ensure safety or convenience at such
(1) No person who proposes to take down a building or a part thereof, shall commence doing so without providing, in addition to such hoard or fence which he may be required to provide under section 246, screens extending to the full height of such building on all sides thereof so as to prevent pollution of the surrounding air with dust or injury or damage caused by the falling of any debris, bricks, wood and other material.
(2) If any such work is commenced in contravention of sub-section (1) the Commissioner may cause it to be stopped forthwith and any person carrying it out to be removed from the premises by a police officer,
Lighting ofStreets
(1) The Commissioner shall--
(a)take measures for lighting in a suitable manner the publicstreets, municipal gardens and open spaces and municipal markets and allbuildings vesting in the Corporation;
(b) procure,erect and maintain such number of lamps, lamp-posts and2) TheCommissioner may place and maintain electric wires for the purpose of lightingsuch lamps under, over, along or across, and posts, poles, standards, stays,struts, brackets, and other contrivances for carrying, suspending orsupporting lamps or electric wires in or upon, any immovable property withoutbeing liable to any claim for compensation thereanent :
Providedthat such wires, posts, poles, standards, stays, struts, brackets and Corporation;
If any person shall, through negligence or accident, break any lamp set up in any public street or municipal market, garden or public place or building vesting in the Corporation or shall break or damage any property of the Corporation on any street, he shall pay the expenses of repairing the damage so done by him.
(1) Every person who shall intend to erect a building shall give to the Commissioner notice of his said intention in the form prescribed in the bylaws and containing all such information as may be required to be furnished under the by-laws.
(2) Every such notice shall be signed is the manner prescribed in the by-laws and shall be accompanied by such documents and plans as may be so prescribed.
(3) In this Chapter the expression "to erect a building" means--
(a) newly to erect a building on any site whether previously built upon or not,
(b) to re-erect--
(i) any building of which more than one-half of the cubical contents of the building above the level of the plinth have been pulled down, burnt, or destro
(1) Every person who shall intend--
(a) to make any addition to a building,
(b) to make any alteration or repairs to a building, not being a frame-building, involving the removal or re-erection of any external or party-wall thereof or of any wall which supports the roof thereof, to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial feet,
(c) to make any alteration or repairs to a frame-building, involving the removal or re-erection of more than one -half of the posts or beams in any such wall thereof as aforesaid, or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half of such wall above plinth level, such half to be measured in superficial feet,
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The Commissioner shall decline to accept any plan, section, description, structural drawings or structural calculations as sufficient for the purposes of this Act which are not drawn, given, prepared or signed in the manner prescribed in the by-laws.
If any requisition made by the Commissioner in accordance with the rules requiring the production of further particulars and details is not complied with, the notice given under section 253 or 254 shall be deemed not to have been given.
Every person who intends to erect a new building or execute any such work as is described in section 254, shall erect the building or execute the work in such manner, under such supervision, through such qualified agency, and subject to such conditions and restrictions as may be prescribed by the by-laws.
If at any time after permission to proceed with any building or work has been given under the rules, the Commissioner is satisfied that such permission was granted in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under section 253 or 254, or of further information, if any, furnished, he may cancel such permission, and any work done thereunder shall be deemed to have been done without his permission.
The Commissioner may at any time during the erection of a building or the execution of any such work as is described in section 254 make an inspection thereof, without giving previous notice of his intention so to do.
(1) If the erection of any building or the execution of any such work as is described in section 254 is commenced or carried out contrary to the provisions of the rules or by-laws, the Commissioner, unless he deems it necessary to take proceedings in respect of such building or work under section 264, shall-
(a) by written notice, require the person who is erecting such building or executing such work or has erected such building or executed such work on or before such day as shall be specified in such notice, by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, to show sufficient cause why such building or work shall not be removed, altered or pulled down, or
(b) shall require the said person on such day and at such time and place a s shall be specified in su
Section 260 of the Gujarat Provincial Municipal Corporations Act, 1949 (GPMC Act) deals with the procedures and consequences related to unauthorized construction or work carried out contrary to the provisions of the Act, rules, or bye-laws. It empowers municipal authorities to take action against illegal structures and prescribes the process for notices, hearings, and demolition.
Section 260 mandates that if any building or work is commenced or carried out in contravention of the Act, rules, or bye-laws, the municipal authorities shall serve a notice on the person responsible, requiring them to show cause why the structure should not be demolished or the work stopped. The section also provides for proceedings to be initiated, including issuing notices, conducting inquiries, and taking action for removal or demolition of illegal constructions.
Section 260 of the Gujarat Provincial Municipal Corporations Act, 1949, provides a comprehensive framework for dealing with unauthorized constructions. The section underscores procedural fairness, proper authority, and judicial oversight, ensuring that demolitions are executed lawfully and fairly. Courts have consistently emphasized strict adherence to procedural safeguards, proper notices, and the right to be heard, reinforcing the rule of law and constitutional protections in municipal actions against illegal structures.
Note: All references are based on the provided sources and case law summaries.
(1) If there shall be reasonable ground for suspecting that in the erection of any such building or in the execution of any such work as is referred to in section 260 anything has been done contrary to any provision of this Act or of any rule or by-law, or that anything required by any such provision, rule or by-law to be done has been omitted to be done;
and if, on inspecting such building or work, it is found that the same has been completed or is too far advanced to permit of any such fact being ascertained; the Commissioner may, with the approval of the Standing Committee,
by a written notice, require the person who has erected such building or executed such work or is erecting such building or executing such work to cause so much of the building as prevents any such fact being ascertained to be cut into, laid open or pulled down t
The Commissioner may, at any time during the erection of a building or the execution of any such work as aforesaid, or at any time within three months after the completion thereof, by written notice specify any matter in respect of which the erection of such building or the execution of such work may be in contravention of any provision of this Act or of any rule or by-law, and require the person erecting or executing or who has erected or executed such building or work, or, if the person who has erected or executed such building or work is not at the time of the notice the owner thereof, then the owner of such building or work, to cause anything done contrary to any such provision, rule or by-law to be amended or to do anything which by any such provision, rule or by-law may be required to be done but which has been omitted to be done.
(1) Every person shall, within one month after the completion of the erection of a building or the execution of any such work as is described in section 254, deliver or send or cause to be delivered or sent to the Commissioner at his office, notice in writing of such completion, accompanied by a certificate in the form prescribed in the by-laws signed and subscribed in the manner so prescribed, and shall give to the Commissioner all necessary facilities for the inspection of such building or of such work and shall apply for permission to occupy the building.
(2) No person shall occupy or permit to be occupied any such building, or use or permit to be used the building or part thereof affected by any work, until--
(a) permission has been received from the Commissioner in this behalf, or
(b) the
1 [Lawfully erected structures infringing rules or use
(1) If any hut or shed erected or constructed before the appointed day is contrary to the provisions of any rules or by-laws relating to the erection or construction of huts or sheds, and it appears to the Commissioner that it is necessary in the public interest that such hut or shed or any part thereof be demolished or altered, the Commissioner may by written notice require the owner thereof to demolish or alter such hut or shed or any part thereof, or on or before such date, as may be specified in such notice, by writing subscribed by the owner or an agent duly authorised in that behalf and addressed to the Commissioner, show sufficient cause why such, hut or shed should be demolished or so altered.
(2) If such person fails to show sufficient cause to the satisfaction of the Commis
(1) If it shall at any time appear to the Commissioner that any structure (including under this expression any building wall, parapet, pavement, floor, steps, railings, door or window frames or shutters or roof, or other structure and any thing affixed to or projecting from or resting on any building, wall, parapet or other structure) is in a ruinous condition or likely to fall, or in any way dangerous to any person Occupying, resorting to or passing by such Structure or any other structure or place in the neighbourhood thereof, the Commissioner may, by written notice, require the owner or occupier of such structure to pull down, secure, remove or repair such structure or thing or do one or more of such things and to prevent all cause of danger therefrom :
1[Provided that when the notice as aforesaid is given to the owners of a structure, who is not himself the occupier thereof, a
(1) It shall be incumbent on the owner of every building to maintain every part thereof and every thing appurtenant thereto in such repair as to prevent its becoming dangerous.
(2) The Commissioner may by written notice require the owner of any building so get the building inspected at such intervals and in such manner as may be prescribed in the by-laws.
(3) The owner shall within two mouths of the inspection under sub-Section (2) under take such repairs as the inspection shall show to be necessary for the purpose of securing the stability of the structure within the meaning of section 264 after complying with all the provisions of this Act and the rules and bylaws in regard to such repairs and shall, on completion of such repairs, submit to the Commissioner a certificate signed by the person who made the inspection of, his having carri
If it shall at any time appear to the Commissioner that any opening in any part of a building is so situated as to constitute a danger to human life, he may by written notice require that such opening shall be enclosed or protected by bars, grills or such other device to his satisfaction.
Works unlawfully carried on
(1) If the Commissioner is satisfied that the erection of any building or the execution of any such work as is described in section 254 has been unlawfully commenced or is being unlawfully carried on upon any premises he may, by written notice, require the person directing or carrying on such erection or execution to stop the same forthwith.
(2) If such erection or execution is not stopped forthwith, the Commissioner may direct, that any person directing, or carrying on such erection or execution shall be removed from such premises by any police officer and may cause such steps to be taken as he may consider necessary to prevent the reentry of such person on the promises without his permission.
(3) The cost of my measures taken under sub-section (2) shall be paid by
Power to vacate premises
(1) Notwithstanding the provisions of any other law to the contrary the Commissioner may, by written, notice, order any building or any portion thereof to be vacated forthwith or within the time specified in such notice--
(a) if such building or portion thereof has been unlawfully occupied in contravention of section 263;
(b) if a notice has been issued in respect of such building or part thereof requiring the alteration or reconstruction, of any exiting staircase, lobby, passage or landing and the works specified in such notice have not been commenced or completed;
(c) if the building or part thereof is in a ruinous or dangerous condition within the meaning of section 264.
(2) In
Regulation of certain classes of buildings in particular localities
(1) The Commissioner may give public notice of his intention to declare, subject to any valid objection that may be preferred within a period of three mouths,--
(a) that in any streets or portions of streets specified in such notice the elevation, and construction of the frontage of all buildings or any classes of buildings thereafter erected or re-erected shall in respect of their architectural features be such as the Corporation may consider suitable to the locality;
(b) that in any localities specified in the notice there shall be allowed the construction of only detached or semidetached buildings or both and that the land appurtenant to each such building shall be of an area not less than that specified in such notice;
(1) Subject to the provision of sub-section (4), if it shall appear to the Commissioner--
(A) that within certain limits in any part of the City,
(a) any buildings used, or intended; or likely to be used, for human habitation, are unfit for human habitation,
(b) the narrowness, closeness and bad arrangement or the bad condit on of the streets and building, or groups of buildings, within such limits or the want of light, air, ventilation or proper convenience, or any other sanitary defects, or one or more of such causes, are dangerous or injurious to the health of the inhabitants either of the buildings within the area of such limits, or of the neighbourings buildings, and that the evils connected with such, buildings and the sanitary defects in such area cannot be effectually remedied otherwis
(1) The improvement scheme, which may exclude any part of the area included in the notification referred to in section 270, or include any neighbouring land, if the Commissioner is of opinion that such exclusion or inclusion is necessary for the proper carrying out of the scheme,--
(a) shall, within the limits of the area comprised in the scheme, provide for--
(i) the acquisition of any land which will, in the opinion of the Commissioner, be necessary for or, subject to the provisions of sub-section (2), be affected by the execution of the scheme;
(ii) relaying out all or any land including the construction and reconstruction of buildings and the formation and alteration of streets;
(iii) the laying of such storm-water drains and sewers as may be re
(1) On the submission by the Commissioner of a draft improvement scheme, the Standing Committee shall take such scheme into its consideration and may approve the same with or without such alteration as it thinks fit.
(2) Upon the approval of an improvement scheme by the Standing Committee the Commissioner shall forthwith draw up a notification stating the fact of a scheme, having been made, the limits of the area comprised therein, and naming a place where particulars of the scheme, a map of the same and a statement of the land which it is proposed to acquire or in respect of which it is proposed to levy a betterment charge may be seen at all reasonable hours, and shall--
(a) communicate a copy of such notification, particulars, map and statement to the Corporation;
(b) publish the notificatio
(1) If any land is included in any statement specifying the land proposed to be acquired made in accordance with any notification drawn up under section 272, and if the owner of such land shall prove to the satisfaction of the Collector that at the date of the said notification building operations were in progress on such land or any part thereof and the buildings were structurally complete up to the first floor level, the Collector shall call upon the Commissioner to acquire such land.
(2) On receipt of such notice the Commissioner shall forthwith report the matter to the Standing Committee and the said Committee shall then resolve whether in its opinion it is desirable to acquire the land set out in the notice or to withdraw from the proposal to acquire and shall communicate its resolution within two months to the Corporation which shall within one month after receipt thereof com
(1) The owner of any land included in any statement of the land proposed to be acquired made in accordance with any notification drawn up under section 272 may at any time before the publication of a declaration under section 278 and after the expiry of one year from the date of such notification by written notice to the Commissioner setting out the particulars of such land call upon the Commissioner to acquire such land on behalf of the Corporation
(2) On receipt of such notice the Commissioner shall forthwith report the matter to the Standing Committee and the said Committee shall resolve whether in its opinion it is desirable to acquire the land set out in the notice and shall communicate its resolution within two months to the Corporation which shall within two months after the receipt thereof communicate to the Committee and Commissioner the decision of the Corporation in the
(1) Upon compliance with the foregoing provisions with respect-to the publication of notices of the scheme the Commissioner shall submit to the Standing Committee any objection or representation received under section 272 together with any suggestion he may wish to make in respect of the modification of the scheme.
(2) The Standing Committee shall, after consideration of any such objection, representation or suggestion and after inserting in the scheme such modification as it thinks fit, submit the scheme together with any objection, representation or suggestion to the Corporation for its approval.
The Corporation shall, on receipt of a scheme from the Standing Committee, proceed to take such scheme into consideration together with any objection, representation, or suggestion received or made under section 272 or 275 and shall, after having approved the scheme with or without modification or declined to approve the scheme, pass a resolution to that effect.
(1) As soon as the Corporation has approved the scheme the Commissioner shall apply to the1[State] Government on behalf of the Corporation for sanction to the scheme.
(2) If the Corporation declines to approve the scheme the Commissioner shall forthwith draw up and publish in the manner provided in section 270 a notification stating that the Corporation has resolved not to proceed with the making of the scheme, and on such publication the notifications relating to the scheme published under sections 270 and 272 shall be deemed to be cancelled.
(3) An application to the1[State]Government under sub-section (1) for sanction shall be accompanied by--
(a) a copy of the resolution passed by the Standing Committee under section 272;
(b) a copy of the resol
(1)(a) On receipt of the sanction of the1[State]Government the Commissioner shall forward to the1[State] Government a declaration for notification stating the fact of such sanction and that the land proposed to be acquired by the Corporation for the purposes of the schemes is required for a public purpose.
(b) The declaration shall be published in the Official Gazette, in the same manner as an order of the1[State] Government and shall state the limits within which the land proposed to be acquired is situate, the purpose for which it is needed, its approximate area, and the place where a plan of the land may be inspected.
(c) The said declaration shall be conclusive evidence that the land is needed fori a publ'c purpose, and the Commissioner shall, upon the publication of the sad declaration proceed to execute the scheme.
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If, within three years from the declaration aforesaid, the Corporation fails to acquire any land included in such declaration or any part of such land, the owner of such land may, by written notice setting out the particulars of such land, call upon the Corporation to acquire such land or to withdraw from the proposal to acquire it and thereafter the procedure prescribed in sub-sections (2) to (5) of section 274 shall be followed.
(1) If it shall appear to the Commissioner in respect of any area in any part of the City,--
(a) that the residential buildings in that area are, by reason of disrepair or sanitary defects unfit for human habitation or are, by reason of their bad arrangement or the narrowness or bad arrangement of the streets dangerous or injurious to the health of the inhabitants of the area and that the other buildings, if any, in the area are for a like reason dangerous or injurious to the health of the said inhabitants; and
(b) that the conditions in the area can be effectually remedied by the demolition of all the buildings in the area without making an improvement scheme;
the Commissioner may cause that area to be defined on a plan in such manner as to exclude from the area any building which is not unfi
(1) Where in respect of any clearance area, the Commissioner determines to order any buildings in the clearance area to be demolished, he shall, with the approval of the Corporation make and submit to the State Government for confirmation of an order (in this Act referred to as "clearance order") ordering the demolition of each of those buildings.
(2) A clearance order shall describe by reference to a plan the area to which it applies, and shall fix by reference to the date on which it becomes operative the period, not being less than twenty-eight days from that date, within which the Commissioner requires the buildings in the area to be vacated for the purposes of demolition, and for that purpose may fix different periods as respects different buildings.
(3) There shall be excluded from the clearance order any houses or other building
Where, as respects any area declared by the Corporation to be a clearance area, the Commissioner determines to require any land comprised in the area, he may acquire also any land which is surrounded by the clearance area and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions, and any adjoining land the acquisition of which is reasonably necessary for the satisfactory development or use of the cleared area.
Subject to the provisions of this section, the Commissioner may include in a clearance area any land owned by the Corporation winch he might have included in such area had it not been so owned, and where any land of the Corporation is included in a clearance area, or being land surrounded by or adjoining a clearance area, might have been acquired by the Commissioner under section 282 had it not previously belonged to the Corporation, the provisions of this Act, shall apply in relation to such land as if it had been acquired by the Commissioner as being land comprised in the clearance area or, as the case may be, as being land surrounded by or adjoining a clearance area.
(1) Where the Commissioner has determined to acquire land comprised in or surrounded by, or adjoining a clearance-area, he may acquire that land by agreement upon obtaining the requisite sanction under section 77 or he may, with the sanction of the Standing Committee, be authorised to acquire that land by a compulsory acquisition order made and submitted to the State Government and confirmed by them in accordance with the provisions of Schedule C to this Act.
(2) An order authorising the compulsory acquisition of land comprised in a clearance area shall be submitted by the Commissioner, with the approval of the Corporation, to the State Government within six months, and an order authorising the compulsory acquisition of land surrounded by or adjoining a clearance area shall be submitted by the Commissioner with the approval of the Corporation to the State Government within twelve
The Commissioner having acquired any land comprised in, or surrounded by or adjoining a clearance area shall, as soon as may be, cause every building thereon to be vacated if necessary in the manner provided by section 388A, and shall deal with, the land in one or more of the following ways, that is to say--
(a) he shall demolish every building thereon before the expiration of six weeks from the date on which it is vacated, or before the expiration of such longer period as in the circumstance he deems reasonable, and thereafter may, with the sanction of the requisite authority under section 79, sell or lease the land subject to such restrictions and conditions, if any, as he thinks fit or may, subject to the sanction of the Corporation, appropriate the land for any purpose for which the Corporation is authorised to acquire land; or
(b)
Where the Commissioner has submitted to the State Government an order for the compulsory acquisition of land in a clearance area, and the State Government, on an application for an authorisation under this section being made to it by the owner or owners of the land and the Commissioner, is satisfied that the owner or owners of the land, with the concurrence of any mortgagee thereof, agree to the demolition of the buildings thereon and that the Commissioner can secure the proper clearance of the area without acquiring the land, the State Government may--
(a) in a case where the order has not been confirmed authorise the Commissioner to submit forthwith and without any previous publication or service, a clearance order with respect to the buildings, and upon his so doing, may modify the compulsory acquisition order by excluding the land therefrom and confirm the clearance order; or
(1) Where land has been cleared of buildings in accordance with a clearance order, the Corporation may, at anytime after the expiration of eighteen months from the date on which the order became operative, by resolution determine to acquire any part of it which at the date of the passing of the resolution has not been, or is not in process of being, used for building purposes or otherwise developed by the owner thereof in accordance with plans approved by the Commissioner and any restrictions or conditions imposed under sub-section (10) of section 281.
(2) Where the Corporation has determined to acquire any land under this section the Commissioner may acquire it by agreement upon obtaining the requisite sanction under section 77, or he may, with the sanction of the Standing Committee, be authorised to acquire it by a compulsory acquisition order made and submitted to the State Gov
(1) Where any premises in respect of which a clearance order has become operative from the subject matter of a lease, either the lessor or the lessee may apply to the District Court for an order under this section.
(2) Upon any such application as aforesaid, the District Court, after giving to any sub-lessee an opportunity of being heard, may, if he thinks fit, make an order for the determination of the lease, or for the variation thereof, and in either case, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation, damages, or otherwise) as he may think just and equitable to impose, regard being had to the respective rights, obligations, and liabilities of the parties under the lease and all the other circumstances of the case.
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(1) If it appears to the Commissioner in respect of any area in any part of the City, that the following conditions exist, that is to say--.
(a) that the area contains fifty or more dwellings for the poorer classes,
(b) that at least one-third of the poorer class dwellings in the area are over-crowded, or unfit for human habitation and not capable at a reasonable expense of being rendered so fit, or so arranged as to be congested,
(c) that it is expedient in connection with the provision of housing accommodation for the poorer classes that the area should be re-developed as a whole, the Commissioner shall cause the area to be defined on a plan and shall submit a draft re-development scheme for the approval of the Corporation. On the submission of such a draft re-development scheme, the Corp
(1) Within six months after the Corporation has passed a resolution under section 284E or within such extended period as the State Government may allow, the Commissioner shall, with the approval of the Corporation, prepare and submit to the State Government a re-development plan indicating the manner in which it is intended that the defined area should be laid out and the land therein used, whether for existing purposes or for purposes requiring the carrying out of re-development thereon, and in particular the land intended to be used for the provisions of housing accommodation for the poorer classes, for streets and for open spaces.
(2) In the preparation of the plan regard shall be had to the provisions of any improvement scheme or proposed improvement scheme under this Act or any scheme under the Bombay Town Planning Act, 1954, relating to the defined area or land in the neighb
(1) When the State Government's approval of a re-development plan has become operative, the Commissioner may acquire by agreement, upon obtaining the requisite sanction under section 77, or he may, with the sanction of the Standing Committee, be authorised by means of an order made and submitted to the State Government and confirmed by it in accordance with Schedule C to this Act, to acquire compulsorily--
(a) land in the re-development area; and
(b) any land outside that area which may be required for the purpose of providing accommodation for persons occupying premises within that area which have been or are intended to be acquired by agreement, or in respect of which compulsory acquisition orders have been submitted.
(2) Where the Commissioner submits to the State Government an order for
General provisions as to land purchased for clearance or re-development
(1) The Commissioner may, with the approval of the State Government, by order extinguish any public right of way over land acquired by agreement under section 284, 284C or 284G, provided that an order intended to be made by the Commissioner under this sub-section shall be published along with a notice inviting objections simultaneously in the Official Gazette and in three or more newspapers circulating within the City and, if any objection thereto is made to the State Government before the expiration of six weeks from the publication thereof, the State Government shall not approve the order until it has considered all such objections.
(2) Where the Commissioner proposes to acquire under the sections referred to in sub-section (1) land over which a public right of wa
(1) If the Corporation, upon consideration of a representation from the Commissioner or other information in its possession, is satisfied that within any area in any part of the City it is expedient to provide housing accommodation for the poorer classes and that such accommodation can be conveniently provided without making an improvement scheme, it shall cause such area to be defined on a plan and pass a resolution authorising the Commissioner and the Commissioner shall thereupon be empowered to provide such accommodation --
(a) by the erection of buildings or in any other manner, on. any land belonging to the Corporation or any land acquired by the Corporation for the purpose;
(b) by the conversion of any buildings belonging to the Corporation into dwellings for the poorer classes;
(c) b
The Commissioner may for the purposes of the foregoing section on behalf of the Corporation--
(a) acquire any land including any buildings thereon as a site for the election of buildings for the poorer classes;
(b) acquire land for the purpose of--
(i) the lease or sale of land with a view to the erection thereon of buildings for the poorer classes by persons other than the Corporation;
(ii) lease or sale of any part of the land acquired with a view to the use thereof for purposes which in the opinion of the Commissioner are necessary or desirable for, or incidental to, the development of the land as a building estate, including the provision, maintenance and improvement of buildings, gardens, factories, workshops, places of worship, places of r
(1) Land for the purposes of the foregoing section may be acquired by the Commissioner by agreement upon obtaining the requisite sanction under section 77, or he may, with the sanction of the Standing Committee, be authorised to acquire land for those purposes by means of a compulsory acquisition order made and submitted to the State Government and confirmed by it in accordance with the provisions of Schedule C to this Act.
(2) The Commissioner may, with the consent of and subject to any conditions imposed by, the State Government acquire land for the purposes of section 284J, notwithstanding that the land is not immediately required for those purposes :
Provided that the Commissioner shall not be authorised to acquire any land compulsorily for those purposes unless it appears to the State Government that it is likely to be required fo
(1) Where the Commissioner has acquired or appropriated any land for the purposes of section 284J then, without prejudice to any of his other powers under this Act, he may--
(a) lay out and construct public streets or roads and open spaces on the land;
(b) with the approval of the Standing Committee, sell or lease the land or part thereof to any person for the purpose and under the condition that that person will erect and maintain thereon such number of buildings suitable for the poorer classes as may be fixed by the Commissioner in accordance with plans approved by him and, when necessary, will lay out and construct public streets or roads and open spaces on the land, or will use the land for purposes which in the opinion of the Commissioner are, necessary or desirable, for, or incidental to, the development of the land in accordance
The powers of the Commissioner to provide housing accommodation for the poorer classes, shall include a power to provide and maintain and if desired, jointly with any other person, in connection with any such housing accommodation, any building adapted for use as a shop, any recreation grounds, or other buildings or land which in the opinion of the Commissioner will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.
The Land Acquisition Act, 1894 (in this and the next succeeding sections referred to as 'the Land Acquisition Act') shall to the extent set forth in Appendix I regulate and apply to the acquisition of land under this Chapter, otherwise than by agreement, and shall for that purpose be deemed to form part of this Chapter in the same manner as if enacted in the body hereof, subject to the provisions of this Chapter and to the provisions following, namely:-
(1) a reference to any section of the Land Acquisition Act shall be deemed to be a reference to such section, as modified by the provisions of this Chapter, and the expression 'land', as used in the Land Acquisition Act, shall be deemed to have the meaning assigned to it by clause (30) of section 2 of this Act, and clause (6) of section 3 of the Land Acquisition Act shall, for the purposes of this Chapter, be read as if the words a
(1) For the purposes of the acquisition of land under a compulsory acquisition order made and confirmed under the provisions of this Chapter, the functions of the Court under the Land Acquisition Act shall be performed by a Tribunal having the constitution and powers set forth in Schedule D and in the construction of the said Act and the provisions of this Chapter the Tribunal shall be deemed to be the Court, and the President of the Tribunal shall be deemed to be the Judge.
(2) The award of the Tribunal shall be deemed to be the award of the Court under the Land Acquisition Act, and shall be final :
Provided that in any case in which the President may grant a certificate that the case is a fit one for appeal, there shall be an appeal to the High Court from any part of the award of the Tribunal.
In determining the amount of compensation to be awarded for any land or building acquired under this Act, the following further provisions shall apply:--
(1) the Court shall take into consideration any increase to the value of any other land or building belonging to the person interested likely to accrue from the acquisition of the land or from the acquisition, alteration, or demolition of building;
(2) when any addition to or improvement of, the land or building has been made after the date of the publication under sub-section (2) of section 272 of a notification relating to the land or building, such addition, or improvement shall not (unless it was necessary for the maintenance of the building in a proper state of repair) be included, nor in the ease of any interest acquired after the said date shall any separate estimate of the val
When the Collector has made an award under section 11 of the Land Acquisition Act, as applied by this Act, he may take possession of the land which shall thereupon vest absolutely in Government free from all encumbrances, and the Collector shall, upon payment of the cost of the acquisition, make over charge of the land to the Commissioner and the land shall thereupon vest in the Corporation subject to the liability of the Commissioner to pay on behalf of the Corporation any further costs which may be incurred on account of the acquisition of the land.
(1) When by the clearance or re-development of an area as provided for under sections 284A or 284F and 284G respectively any land will, in the opinion of the Commissioner, be increased in value, the Commissioner may declare that a betterment charge shall be leviable in respect of the increase in value of the land resulting from such clearance or re-development.
(2) Before declaring that a betterment charge shall be leviable under subsection (1), the Commissioner, shall serve on every person whose name appears in the Commissioner's assessment book as primarily liable for the payment of property taxes leviable under this Act on any land or building or part of a building affected by the proposed levy of betterment charge a notice of his intention to declare a betterment charge in respect of the land, and specifying the time within which, and the manner in which objections thereto, ca
Where an improvement scheme has provided for the levy of a betterment charge pursuant to sub-section (2) of section 271, or where the Commissioner has declared a betterment charge to be leviable under sub-section (4) of section 284R such betterment charge shall be an amount equal to one-half of the increase in value of the land and shall be calculated, in the case of an improvement scheme upon the amount by which the value of the land on completion of the execution of the scheme exceeds the value of the land at the time of the publication of the notification made under section 272 and in the case of a clearance or re-development area, upon the amount by which the value of the land on completion of the clearance or re-development of the area exceeds the value of the land at the date of the resolution of the Corporation under section 280 or section 284E declaring that area to be clearance area or a re-development area, as the case may be.
(1) When it appears to the Commissioner that an improvement or a clearance scheme or a re-development scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the Commissioner shall make a report to the Standing Committee to that effect and the Standing Committee after considering the report may by resolution declare the date on which for the purpose of determining the amount of the betterment charge the execution of the scheme shall be deemed to have been completed.
(2) The betterment charge leviable in each case shall be determined in accordance with section 284S after following the procedure prescribed in sub-section (3) by such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf at the request of the Corporation.
(3) On a date being fixed under
(1) With a view to the discharge by the Corporation of the duty of extinguishing fire and protecting life and property in case of fire, the Commissioner shall provide, in the statement of municipal officers and servants from time to time prepared by him under section 51, for a force of firemen, with a proper number of officers over them to be called "the municipal fire-brigade", and shall furnish the said brigade with all such fire-engines, fire-escapes, vehicles, accoutrements, tools, implements and means of intercommunication as may be necessary for the efficient discharge of their duties.
(2) A person may be appointed to be a member of the fire-brigade in addition to any other office or employment of such person.
(3) The Corporation may recognise any body of persons on such terms and conditions as it may fix as a volunteer fire-brigad
On the occasion of a fire the Chief or other officer in charge of the fire-brigade may, subject to such orders as the Commissioner may from time to time issue in this behalf, take the command of all municipal officers and servants present and of any other persons who voluntarily place their services at his disposal; and may on such occasions exercise all or any of the powers specified in the rules.
(1) It shall be the duty of all police officers and of all municipal officers and servants to aid the fire-brigade in the execution of their duties.
(2) Any police officer or any municipal officer may close any street in or near which a fire is burning and remove any persons who interfere by their presence with the operations of the fire-brigade.
(1) Any damage occasioned by the fire-brigade in the due execution of their duties, or by any police or municipal officer or servant who aids the fire-brigade, shall be deemed to be damage by fire.
(2) No damages shall be payable for any act done in good faith by any person in any operations carried out in pursuance of section 286 or 287.
A report of every fire which occurs in the City shall be submitted by the chief or other officer in charge of the fire-brigade not later than the day following the fire to the Commissioner, who shall make such further inquiry, if any, as he may deem necessary and shall furnish a weekly return of all fires which occur in the City to the Standing Committee.
For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Commissioner shall take measures for securing.--
(a) the daily surface-cleansing of all streets in the City and removal of the sweeping therefrom;
(b) the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this Act for the temporary deposit of dust, ashes, refuse, rubbish, trade refuse, carcasses of dead animals and excrementitious and polluted matter.
All matters deposited in public receptacles, depots and places provided or appointed under section 292 and all matters collected by municipal servants or contractors in pursuance of sections 290 and 293 shall be the property of the Corporation.
The Commissioner shall provide or appoint in proper and convenient situations public receptacles, depots and places for the temporary deposit or final disposal of--
(a) dust, ashes, refuse and rubbish ;
(b) trade refuse;
(c) carcasses of dead animals;
(d) excrementitious and polluted matter ;
Provided that the said matters shall not be finally disposed of in any place or manner in which the same have not heretofore been so disposed of, without the sanction of the Corporation or in any place or manner which the1[State] Government thinks fit to disallow.
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1. This word was substituted for the word "
When the Commissioner has given public notice, under clause (a) of sub-section (1) of section 131, of his intention to provide, in a certain portion of the City, for the collection, removal, and disposal, by municipal agency, of all excrementitious and polluted matter from privies, urinals and cesspools, it shall be lawful for the Commissioner to take measures for the daily collection, removal and disposal of such matter from all premises situated in the said portion of the City.
(1) The Commissioner shall make such special arrangements, whether permanent or temporary, as he considers adequate for maintaining sanitation in the vicinity of any temple, math, mosque, tomb or any place of religious worship or instructions to which large numbers of persons resort on particulars occasions or in any place which is used for holding fairs or festivals.
(2) The Commissioner may require any person having control over any such place as aforesaid to pay to the Corporation such contribution towards the cost of the special measures taken under sub--section (1) as the Corporation may from time to time fix.
In any portion of the City in which the Commissioner has given a public notice under clause (a) of sub-section (1) of section 131 and in any premises, wherever situate, in which there is a water-closet or privy connected with a municipal drain, it shall not be lawful, except with the written permission of the Commissioner, for any person who is not employed by or on behalf of the Commissioner to discharge any of the duties of scavengers.
The Commissioner may inspect any building or other premises for the purpose of ascertaining the sanitary condition thereof.
If it shall appear to the Commissioner necessary for sanitary reasons so to do, he may, by written notice, require the owner or occupier of any building so inspected, to cause the same or some portion thereof to be lime-washed or otherwise cleansed, either externally, or internally, or both externally and internally.
(1) If, for any reasons, it shall appear to the Commissioner that any building or any room in a building intended for or used as a dwelling is unfit for human habitation, he shall give to the owner or occupier of such building notice in writing stating such reason and signifying his intention to prohibit the further use of the building or room, as the case may be, as a dwelling and shall by such notice call upon the owner or occupier aforesaid to state in writing any objection, thereto within thirty days after the receipt of such notice, and if no objection is raised by such owner or occupier within such period as aforesaid, or if any objection which is raised by such owner or occupier within such period appears to the Commissioner invalid or insufficient, he may, with the previous approval of the Standing Committee, by an order in writing, prohibit the further use of such building or room as a dwelling:
(1) If it shall appear to the Commissioner that any building intended for or used as a dwelling is in any respect unfit for human habitation and does not conform with the regulations the Commissioner may, by written notice, require the owner of the building, within such reasonable time, not being less than twenty one days, as may be specified in the notice, to execute such works or carry out such alterations as would render the building fit for human habitation.
(2) In addition to serving a notice under this section on the owner of the building the Commissioner may serve a copy of the notice on any other person having an interest in the building or in the land on which such building has been erected, whether as mortgagee, lessee, or otherwise.'
(1) If it shall appear to the Commissioner that any building intended for or used as a dwelling is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, he shall serve upon the occupier of the building and the owner thereof, and, so far as it is reasonably practicable to ascertain such persons, upon any person having interest in such building notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the condition of the building and any offer with respect to the carrying out of works, or the future use of the buildings, which he may wish to submit, will be considered by the Standing Committee, and every person upon whom such a notice is served shall be entitled to be heard either in person or by agent when the matter is so taken into consideration.
(2) A person upon whom notice is
(1) When a demolition order under section 300 has become operative, the owner1[or owners] of the building to which it applies shall demolish the building within the time limited in that behalf by the order; and, if the building is not demolished within that time, the Commissioner shall2[cause the building to be vacated if necessary in the manner provided in section 388A, and shall] take measures to demolish the building and sell the materials thereof.
(2) Any expenses incurred by the Commissioner under sub-section (1), after giving credit for the amount realised by sale of the materials, shall be payable by the owner of the building, and any surplus in the hands of the Commissioner after payment of such expenses shall be paid by the Commissioner to the owner of the building , or if there are more than one owner,3[shall be paid in accordance with the agreement between them. In defau
Where in pursuance of a notice under sub-section (1) of section 299 any building has been rendered fit for human habitation by the execution of works and alterations to the satisfaction of the Commissioner, such building during a period of ten years from the date of completion of such works and alterations shall not be deemed to be unfit for human habitation by reason only of not conforming with any regulation made subsequently to such data affecting the structure of such building.
(1) The Commissioner may serve upon the owner of a building which appears to him to be an obstructive building notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the question of ordering the building or any part thereof to be demolished will be considered by the Standing Committee, and the owner shall be entitled to be heard either in person or by agent when the matter is so taken into consideration.
(2) If after so taking the matter into consideration, the Standing Committee resolves that the building is an obstructive building and that the building or any part thereof ought to be demolished, the Commissioner may make a demolition order requiring that the building or that part thereof shall be demolished, and that the building, or such part thereof as is required to be vacated for the purposes of the demolition, sh
(1) If, before the expiration of the period within which a building or part thereof in respect of which an order is made under section 303 is thereby required to be vacated, any owner or any person known to have an interest in such building or the site of the building makes to the Commissioner an offer for the sale of the building site or any interest therein to the Corporation at a price equal to the compensation to be assessed as provided in sub-section (6), the Commissioner shall upon obtaining the requisite sanction under section 77 accept the oiler and shall, as soon as possible after obtaining possession, carry out the demolition.
(2) Upon payment of the price mentioned in sub-section (1) the said building and the site thereof to the extent of the interest acquired shall vest in the Corporation.
(3) If no such offer as is mentioned
(1) When a demolition order in respect of an obstructive building or any part thereof has been made under section 303, the Commissioner may specify and declare to the Standing Committee the other building for the benefit of which the obstructive building or part thereof is intended to be demolished and shall serve a notice to that effect upon the owner of each of such other buildings.
(2) If in the opinion of the Commissioner the demolition of the obstructive building or part thereof adds to the value of the premises for the benefit of which the obstructive building has been demolished, the Commissioner shall determine the amount of increase in value and shall with the approval of the Standing Committee apportion so much of the compensation to be made for the acquisition of the whole or part of the obstructive building including the site thereof as may be equal to the increase in v
Any person aggrieved by a demolition order made under section 300 or section 303 may within twenty-one days after the date of the service of a copy of the order appeal to the Judge, and no proceedings shall be taken by the Commissioner to enforce any order in relation to which an appeal is brought before the appeal is finally determined:
Provided that no appeal shall lie at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years.
1[306A. Prohibition of back-to-back buildings
Notwithstanding anything contained in this Act, it shall not be lawful to erect any back-to-back buildings intended to be used as dwellings and any such building shall, for the purposes of this Act, be deemed to be unfit for human habitation:
Provided that nothing in this section shall prevent the erection or use of a building containing several tenements in which tenements are placed back-to-back if in the opinion of the Commissioner the several tenements are so constructed and arranged as to secure effective ventilation of all habitable rooms in every tenement.]
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1. Section 306A was inserted by Guj. 19 of 1964, section 16.
(1) Where it appears to the Commissioner, whether from any certificate furnished under the rules or otherwise, that any building or any room therein used for human habitation is overcrowded, he may apply to1[the District Magistrate] to prevent such overcrowding, and the said Magistrate, after such inquiry as he thinks fit to make, may prescribe the maximum number of persons to be accommodated in each room and may, by written order, require the owner of the building, within a reasonable time not exceeding ten days to be prescribed in the said order, to abate the overcrowding thereof, by reducing the number of lodgers, tenants, or other inmates of the said building or room or rooms, in accordance with, the maximum so prescribed and to the satisfaction of the Commissioner or may pass such other order as he may deem just and proper.
Explanation.-- The landlord of the lodgers, tenants o
If the Commissioner is of opinion that any hut or shed used either as a dwelling or as a stable or for any other purpose, is likely, by reason of its being built without a plinth or upon a plinth of insufficient height or without proper means of drainage or ventilation, or on account of the impracticability of scavenging or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbour-hood, or is for any reason likely to endanger the public health or safety, he may, by written notice, which shall be affixed to some conspicuous part of such hut or shed, require the owner or occupier thereof, or the owner of the land on which such hut or shed stands, to remove or alter such hut or shed or to take such order for the improvement thereof as the Commissioner shall deem necessary.
Disposal of carcasses of animals
(1) It shall be the duty of the Commissioner to provide for the removal of the carcasses of all animals dying within the City.
(2) The occupier of any premises in or upon which any animal shall die or in or upon which the carcass of any animal shall be found, and the person having the charge of any animal which dies in the street or in any open place, shall, within three hours after the death of such animal or, if the death occurs at night, within three hours after sunrise, report the death of such animal at the nearest office of the municipal health department.
(3) For every carcass removed by municipal agency, a fee for the removal of such amount as shall be fixed by the Commissioner shall be paid by the owner of the animal or, if the owner is not known, by
Regulation of Public Bathing, Washing, etc
(1) The Commissioner may from time to time --
(a) set apart portions of a river or other suitable places vesting in the Corporation for use by the public for bathing or for washing animals, or for washing or for drying clothes;
(b) specify the times at which and the sex of person by whom, such p lace may be used ;
(c) prohibit, by public notice , the use by the public for any of the said purposes of any place not so set apart ;
(d) prohibit, by public notice, the use by the public of any portion of a river or place not vesting in the Corporation for any of the said purposes;
(e) regulate, by public notice, the use
Except as permitted by any order made under any provision of this Act, no person shall--
(a) bathe in or near any lake, tank, reservoir, fountain, cistern, duct, standpipe, stream or well or on any part of a river or other place vesting in the Corporation ;
(b) wash or cause to be washed in or near any such place or work, any animal, clothes or other article;
(c) throw, put or cause to enter into the water in any such place or work, any animal or other thing;
(d) cause or suffer to drain into or upon any such place or work, or to be brought thereinto or thereupon, anything, or do anything, whereby the water shall be in any degree fouled or corrupted;
(e) dry clothes in or upon any such place; and no
No person shall--
(a) steep in any tank, reservoir, stream, well or ditch, any animal, vegetable or mineral matter likely to render the water thereof offensive or dangerous to health;
(b) whilst suffering from any contagious, infectious or loathsome disease, bathe on, in or near any bathing-platform, lake, tank, reservoir, fountain, cistern, duet, standpipe, steam or well.
No person shall--
(i) newly establish in any premises,
(ii) remove from one place, to another,
(iii) re-open or renew after discontinuance for a period of not less than three years, or
(iv) enlarge or extend the area or dimensions of,
any factory, workshop or work place in which it is intended to employ steam,-water, electrical or other mechanical power or any bakery except with the previous written permission of the Commissioner nor shall any person work or allow to be worked any such factory, workshop, workplace or bakery without such permission :
Provided that for the purpose of clause (iii) no such permission shall be required if during the period of
No person engaged in any trade or manufacture specified in section 376 or the rules shall,--
(a) wilfully cause or suffer to be brought or to flow into any lake, tank, reservoir, cistern, well, duet or other place for water belonging to the Corporation or into any drain or pipe communicating therewith, any washing or other substance produced in the course of any such trade or manufacture as aforesaid;
(b) wilfully do any act connected with any such trade or manufacture as aforesaid, where by the water in any such lake, tank, reservoir, cistern, well, duct or other place, for water is fouled or corrupted.
In the event of any person being found to have been attacked with a dangerous disease or any person being found suffering with such disease in any place or vehicle it shall be lawful for the Commissioner or the Medical Officer of Health or any other municipal officer to take such measures as are prescribed by rules.
The Commissioner may at any time, by day or by night, without notice or after giving such notice of his intention as shall, in the circumstances, appear to him to be reasonable, inspect any place in which any dangerous disease is reputed or suspected to exist, and take such measures as he shall think fit to prevent the spread of the said disease beyond such place.
If the Commissioner is of opinion that the destruction of any hut or shed is necessary to prevent the spread of any dangerous disease, he may, after giving to the owner or occupier of such hut or shed such previous notice of his intention as may in the circumstances of the case appear to him reasonable, take measures for having such hut or shed and all the materials thereof destroyed.
The Commissioner may on being satisfied that it is in the public interest so to do, by written order direct that any lodging house or any place where articles of food and drink are sold or prepared, stored or exposed for sale, being a lodging house or place in which a case of a dangerous disease exists or has recently occurred, shall be closed for such period as may be specified in the order:
Provided that such lodging house or place may be declared to be open if the Medical Officer of Health certifies that it has been disinfected or is free from infection.
Special Sanitary Measures
In the event of the City being at any time visited or threatened with an outbreak of any dangerous disease, or in the event of any infectious disease breaking out or being likely to be introduced into the City amongst cattle including under this expression sheep and goats, the Commissioner, if he thinks the ordinary provisions of this Act and the rules or of any other law at the time in force are insufficient for the purpose, may, with the sanction of the1[State] Government--
(a) take such special measures, and
(b) by public notice prescribe such temporary orders to be observed by the public or by any person or class of persons,
as are specified in the rules and as he shall deem necessary to prevent the out-break of such di
(1) Every owner or person having the control of any place already used for burying, burning or otherwise disposing of the dead, shall apply to the Commissioner within a period of six months from the appointed day to register the same and the Commissioner shall cause the same to be registered.
(2) Such application shall be accompanied by a plan, bearing the signature of a licensed surveyor in token of its having been prepared by or under the supervision of such surveyor, of the place to be registered, showing the locality, boundaries and extent of the same. The application shall also contain information as regards the name of the owner or person or community interested therein, the system of management and such further particulars as the Commissioner may require.
(3) The Commissioner may, on receipt of such application and plan, register
(1) If the existing places for the disposal of the dead shall at any time appear to be insufficient, or if any place is closed under the provisions of section 323, the Commissioner shall, with the sanction of the Corporation, provide other fit and convenient places for the said purpose, either within or without the City, and shall cause the same to be registered in the register kept under section 320, and shall deposit in the municipal office at the time of registration of each place so provided, a plan thereof showing the locality, extent and boundaries of the same and bearing the signature of the City Engineer.
(2) All the provisions of this Act and the rules and by-laws shall apply to any place provided under sub-section (1) without the City and vesting in the Corporation as if such place were situate within the City.
No place which has never previously been lawfully used as a place for the disposal of the dead and registered as such shall be opened by any person for the said purpose without the written permission of the Commissioner who, with the approval of the Corporation, may grant or withhold such permission.
1[State] Government may direct closing of any place for disposal of dead
(1) If, from information furnished by competent persons and after personal inspection, the Commissioner shall at any time be of opinion --
(a) that any place of public worship is or is likely to become injurious to health by reason of the state of the vaults or graves within the walls of or underneath the same, or in any church-yard or burial-ground adjacent thereto, or
(b) that any other place used for the disposal of the dead is in such a state as to be or to be likely to become injurious to health or is otherwise no longer suitable for such use, he may submit his said opinion, with the reasons therefor, to the Corporation, which shall forward the same, with its opinion, for the consideration of the1[State] Government.<
324.1[State] government may sanction reopening of places which have been closed for disposal of dead
(1) If, after personal inspection, the Commissioner shall at any time be of opinion that any place formerly used for the disposal of the dead, which has been closed under the provisions of section 323 or under any other law or authority, has by lapse of time become no longer injurious to health, and may without inconvenience or risk of danger be again used for the said purpose, he may submit his said opinion, with the reasons therefor, to the Corporation, which shall forward the same with its opinion for the consideration of the1[State] Government.
(2) Upon receipt of such opinion, the1[State] Government after such further inquiry, if any, as it shall deem fit to cause to be made, may, by notification published as provided in section 323,
(1) No person shall, without the written permission of the Commissioner under sub-section (2)--
(a) make any vault or grave or interment within any wall, or underneath any passage, porch, portico, plinth or verandah of any place of worship;
(b) make any interment or otherwise dispose of any corpse in any place which is closed for the disposal of the dead under section 323;
(c) build, dig, or cause to be built or dug any grave, or vault, or in any way dispose of, or suffer or permit to be disposed of, any corpse at any place which is not registered in the register kept under section 320;
(d) exhume any body, except under the provisions of section 176 of the Code of Criminal Procedure, 1898, (V of 1898) or of any other law for the time being in force,
No person shall--
(a) retain a corpse on any premises, without burning, burying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance;
(b) carry a corpse or part of a corpse along any street without having and keeping the same decently covered or without taking such precautions to prevent risk of infection or injury to the public health as the Commissioner may, by public notice, from time to time think fit to require;
(c) except when no other route is available, carry a corpse or part of a corpse along any street along which the carrying of corpses is prohibited by a public notice issued by the Commissioner in this behalf;
(d) remove a corpse or part of a corpse, which has been kept or used for purposes
All markets and slaughter-houses which belong to or are maintained by the Corporation shall be called "municipal markets" or "municipal slaughter-houses". All other markets and slaughter-houses shall be deemed to be private.
(1) The Commissioner, when authorised by the Corporation in this behalf, may construct, purchase, take on lease or otherwise acquire any building or land for the purpose of establishing a municipal market or a municipal slaughter-house or stock-yard or of extending or improving any existing municipal market or slaughtor-house, and may from time to time build and maintain such municipal markets, slaughter-houses and stock-yards and such stalls, shops, sheds, pens and other buildings or conveniences for the use of the persons carrying on trade or business in, or frequenting, such municipal markets, slaughter-houses or stock-yards, and provide and maintain in such municipal markets such buildings, places, machines, weights, scales and measures for weighing and measuring goods sold therein as he shall think fit.
(2) Municipal slaughter-houses and stock-yards may be situated within or,
The Commissioner may, with the sanction of the Corporation, at any time, close any municipal market or slaughter-house or stock-yard or any portion thereof, and the premises occupied for any market or slaughter-house or stock-yard or any portion thereof so closed may be disposed of as the property of the Corporation.
(1) It shall be lawful for the Commissioner, with the previous sanction of the Corporation, by public notice from time to time to prohibit within a distance of fifty yards of any municipal market the sale or exposure for sale of the commodities or of any of the commodities specified in the notice ordinarily sold in the said municipal market.
(2) Any notice issued under sub-section (1) may with like sanction at any time be cancelled or modified by the Commissioner.
(1) The Corporation shall from time to time determine whether the establishment of new private markets or the establishment or maintenance of private slaughter-houses shall be permitted in the City or in any specified portion of the City.
(2) No person shall establish a private market for the sale of, or for the purpose of exposing for sale, animals intended for human food, or any article of human food or live-stock or articles of food for live-stock or shall establish or maintain a private slaughter-house except with the sanction of the Commissioner who shall be guided in giving such sanction by the decisions of the Corporation at the time in force under sub-section (1).
(3) When the establishment of a private market or a slaughter-house has been so sanctioned, the Commissioner shall cause a notice of such sanction to be affixed in su
The Commissioner may--
(a) charge for the occupation or use of any stall, shop, standing, shed or pen or other building in a municipal market, slaughter-house or stock-yard and for the right to expose goods for sale in a municipal market, and for weighing and measuring goods sold in any such market and for the right to slaughter animals in any municipal slaughter-house, such stallages, rents and fees as shall from time to time be fixed by him, with the approval of the Standing Committee, in this behalf ;
(b) with the approval of the Standing Committee, farm the stallages, rents and fees leviable as aforesaid or any portion thereof, for any period not exceeding one year at a time ; or
(c) put up to public auction, or, with the approval of the Standing Committee, dispose of, by private sale,
(1) No person shall, without the written permission of the Commissioner and without the payment of such fees as may be prescribed by him, remove any live cattle, sheep, goats or swine from any municipal slaughter-house or stock-yard or from any municipal market or premises use or intended to be used for or in connection with such slaughter-house or stock-yard :
Provided that such permission shall not be required for the removal of any animal which has not been sold within such slaughter-house, stock-yard, market or premises and which has not been within such slaughter-house, stock-yard, market or promises for a period longer than that prescribed under orders made by the Commissioner in this behalf, or which has in accordance with any by-law, been rejected as unfit for slaughter at such slaughter-house, market or premises.
(2) Any fee p
(1) The Commissioner may expel from any municipal market, slaughterhouse or stock-yard any person, who or whose servant has been convicted of contravening any rule, by-law or standing order in force in such market, slaughter-house or stock-yard and may prevent such person, by himself or his servants, from further carrying on any trade or business in such market, daughter-house or stock-yard or occupying any stall, shop, standing, shed, pen or other place therein, and may determine any lease or tenure which such person may have in any such stall, shop, standing, shed, pen or place.
(2) If the owner of any private market or slaughter-house licensed under this Act or the lessee of such market or slaughter-house or any stall therein or any agent or servant of such owner or lessee has been convicted for contravention of any rule, by-law or standing order, the Commissioner may require s
(1) No person shall without the written permission of the Commissioner bring into the City any cattle, sheep, goats or swine intended for human consumption, or the flesh of any such animal which has been slaughtered at any slaughter-house or place not maintained or licensed under this Act.
(2) Any police officer may arrest without warrant any person bringing into the City any animal or flesh in contravention of sub-section (1).
(3) Any animal brought into the City in contravention of this section may be seized by the Commissioner or by any municipal officer or servant or by any police officer or in or upon railway premises by any railway servant and any animal or flesh so seized may be sold or otherwise disposed of as the Commissioner shall direct and the proceeds, if any, shall belong to the Corporation.
&n
(1) If the Commissioner shall have reason to believe that any animal intended for human consumption has been or is being or is likely to be slaughtered, or that the flesh of any such animal is being sold or exposed for sale, in any place or manner not duly authorised under the provisions of this Act, the Commissioner may at any time, by day or by night, without notice, enter such place for the purpose of satisfying himself as to whether any provision of this Act or of any by-law is being contravened thereat and may seize any such animal or the carcass of such animal or such flesh found therein.
(2) The Commissioner may remove and sell by auction or otherwise, dispose of any animal or the carcass of any animal or any flesh seized under sub-section (1).
(3) If within one month of such seizure the owner of the animal, carcass or flesh fai
It shall be the duty of the Commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, dairy produce and any other article exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or of preparation for sale and intended for human food or for medicine, the proof that the same was not exposed or hawked about or deposited or brought for any such purpose or was not intended for human food or for medicine resting with the party charged.
(1) The Commissioner may at all reasonable times inspect and examine any such animal or article as aforesaid and any utensil or vessel used for preparing, manufacturing or containing the same.
(2) If any such animal or article appears to the Commissioner to be diseased or unsound or unwholesome or unfit for human consumption, as the case may be, or is not what it is represented to be, or if any such utensil or vessel is of such kind or in such state as to render any article prepared, manufactured or contained therein unwholesome or unfit for human consumption, he may seize and carry away such animal, article, utensil or vessel, in order that the same may be dealt with as hereinafter provided and he may arrest and take to the nearest police station any person in charge of any such animal or article.
If any meat, fish, vegetable, or other article of a perishable nature be seized under section 338 and the same is, in the opinion of the Commissioner, diseased, unsound, unwholesome or unfit for human consumption, as the case may be, the Commissioner shall cause the same to be forthwith destroyed in such manner as to prevent its being again exposed for sale or used for human consumption and the expenses thereof shall be paid by the person in whose possession such article was at the time of its seizure.
Nothing in this Chapter shall be deemed to affect in any manner the operation of the provisions of the Bombay Animal Preservation Act, 1948, (Bom. LXXXI of 1948).
The provisions of this Chapter shall apply in the event of the Corporation acquiring or establishing a Transport Undertaking.
(1) Subject to the superintendence of the Transport Committee and of the Corporation, the Transport Manager shall manage the Transport Undertaking and perform all acts necessary for the economical and efficient maintenance, operation, administration and development of the Undertaking.
(2) Without prejudice to the generality of the foregoing provision, the Transport Manager may, with the sanction of the Transport Committee and subject to the restrictions or conditions imposed by this Act, either within or without the City--
(a) construct or acquire transport undertakings, including mechanically propelled transport facilities for the conveyance of the public, subject to the provisions of the Motor Vehicles Act, 1939,(IV of 1939) or of any other enactment for the time being in force and the conditions of any licence, permit or sanction in f
Fares and Charges
(1) Fares and charges shall be leviable for the conveyance of passengers or for the carriage of goods by any means of transport provided by the Transport Undertaking at such rates as may from time to time be fixed, subject to the provisions of any enactment; for the time being in force and any license granted to the Corporation thereunder, by the Transport Committee with the approval of the Corporation.
1[(2) If any person travelling or having travelled in any vehicle of the Transport Undertaking avoids or attempts to avoid payment of his fare or any person having paid his fare for a certain distance proceeds in any such vehicle beyond such distance and does not pay the additional fare for the additional distance, or attempts to avoid payment thereof or any person refuses or neglects on arrival at the point up to which
(1) Whenever it is necessary or expedient for the purposes of the Transport Undertaking that the Transport Manager shall acquire any immovable property, such property may be acquired by the Transport Manager on behalf of the Corporation by agreement on such terms and at such rates or prices or at rates or prices not exceeding such maxima as shall be approved by the Transport Committee either generally for any class of oases or specially in any particular case.
(2) Whenever the Transport Manager is unable to acquire any immovable property under sub-section (1) by agreement, the1[State] Government may, in its discretion, upon the application of the Transport Manager made with the approval of the Transport Committee and, subject to the other provisions of this Act, order proceedings to be taken for acquiring the same on behalf of the Corporation as if such property were land needed fo
With respect to the disposal of property vesting in the Corporation exclusively for the purposes of the Transport Undertaking the following provisions shall have effect, namely--
(a) the Transport Manager may dispose of by sale, hire or otherwise, any moveable property belonging to the Corporation not exceeding in value, in each instance, two thousand rupees or such higher, amount as the Corporation may from time to time with the approval of the1[State] Government determine;
(b) the Transport Manager may grant a lease of any immovable property belonging to the Corporation for any period not exceeding twelve months at a time:
Provided that every lease granted by the Transport Manager (other than a contract for a monthly tenancy) the annual rent whereof at a rack rent exceeds three thousand rupe
(1) The Transport Manager shall, from time to time, prepare and bring before the Transport Committee a statement setting forth the designations and grades of the officers and servants, who should, in his opinion, be permanently maintained for the purpose of the Transport Under taking, and the amount and nature of the salaries, fees and allowances which he proposes should be paid to each.
(2) The Transport Committee shall sanction such statement either as it stands or subject to such modifications as it deems expedient:
Provided that--
1[(a) no new permanent office of which the minimum monthly salary, exclusive of allowances, exceeds such amount as may be fixed by the State Government by a general or special order from time to time in the case of each Corporation shall be created without the sa
No permanent officer or servant shall be entertained in any department of the Transport Undertaking unless his office and emoluments are included in the statement at the time being in force prepared and sanctioned under section 346.
(1) The Transport Manager may create temporary posts carrying a monthly salary, exclusive of allowances, not1[exceeding such amount as may be fixed by the State Government in this behalf, by a general or special order, from time to time in the case of each Corporation] for a period of not more than six months and no such posts shall be continued beyond such period without the previous sanction of the Transport Committee.
(2) The Transport Committee may create temporary posts carrying a monthly salary, exclusive of allowances,1[exceeding such amount as may be fixed by the State Government in this behalf, by a general or special order, from time to time in the case of each Corporation] for a period of not more than six months. The Committee shall forthwith report to the Corporation the creation of every such post and no such post shall be continued beyond a period of six-months witho
Subject to the provisions of sections 347 and 348, the power of appointing municipal officers and servants for the purposes of the Transport Under taking shall vest in the Transport Manager if the minimum monthly salary, exclusive of allowances,1[does not exceed such amount as may be fixed by the State Government in this behalf, by a general or special order, from time to time in the case of each Corporation] and in the Transport Committee in all other cases.
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1. These words were substituted for the words "is less than two hundred rupees", Guj. 1 of 1979, section 20.
(1) Subject to the provisions of the regulations, the Transport Manager may grant leave of absence to any officer or servant the power to appoint whom vests in him and for a period not exceeding three months to any other officer or servant appointed under the provisions of this Chapter.
(2) The Transport Committee may grant leave of absence for a period exceeding three months to any officer or servant appointed by the Committee.
Except as provided in section 91 all moneys received by or on behalf of the Corporation in respect of the operations of the Transport Undertaking shall be credited to a fund which shall be called "the City of _________ transport Fund" and which shall, subject to the provisions herein contained, be held by the Corporation in trust for the purposes of the said undertaking.
All moneys payable to the credit of the Transport Fund shall be received by the Transport Manager and shall be forthwith paid into the Imperial Bank of India1[or any other scheduled bank]2[or an approved co-operative bank] to the credit of an account which shall be styled "the account of the City of _________ Transport Fund":
Provided that the Transport Manager may, subject to any general or special directions issued by the Transport Committee, retain such balances in cash as may be necessary for the operations of the Transport Undertaking :
3[Provided further that the amount of money to be paid into an approved co-operative bank shall not exceed such amount as may be specified by the State Government generally or specially in respect of any approved co-operative bank.]
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(1) No payment shall be made by the bank aforesaid out of the Transport Fund except on a cheque signed by two persons in the manner specified below, namely:--
(a) by the Commissioner or by the Transport Manager or in the absence of both by a municipal officer whose name appears in a list of officers authorised to sign cheques approved by the Transport Committee;
(b) by a municipal officer whose name appears in the said list, other than an officer who may have signed the cheque under clause (a).
(2) Payment of any sum due by the Corporation out of the Transport Fund in excess of one hundred rupees or such higher amount as the Transport Committee from time to time fixes generally or for any specified class of payments shall be made by means of a cheque signed as aforesaid and not in any other wa
Notwithstanding anything contained in sections 352 and 353, the Transport Manager may, with the previous approval of the Transport Committee, from time to time, remit to and deposit with a bank or other agency at any place beyond the City any portion of the Transport Fund, and any moneys payable to the credit of the Transport Fund or chargeable there-against, which can, in the opinion of the Transport Manager, be most conveniently paid into or out of the account of the Fund at any such bank or agency may be so paid.
(1) Except as hereinafter provided, no payment of any sum shall be made by the Transport Manager out of the Transport Fund, unless the expenditure of the same is covered by a current budget-grant, and sufficient balance of such budget-grant is still available, notwithstanding any reduction or transfer thereof which may have been made under the rules.
(2) The following items shall be excepted from the prohibition in subsection (1) namely:--
(a) sums of which the expenditure has been sanctioned by the Transport Committee under section 102 ;
(b) repayments of moneys belonging to contractors, or other persons, held in deposit and of moneys collected or credited to the Transport Fund by mistake ;
(c) sums which the Transport Manager is under the provisio
Whenever any sum is expended by the Transport Manager under clause (c), (d) or (e) of sub-section (2) of section 355 he shall forthwith communicate the circumstances to the Transport Committee who shall take such action under the rules or recommend to the Corporation to take such action as shall, in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.
The moneys from time to time credited to the Transport Fund shall be applied in payment of all sums, charges and costs necessary for the purposes of acquiring, maintaining, operating and improving the Transport Undertaking and of carrying into effect the provisions of this Chapter, or of which the payment shall be duly directed or sanctioned by or under any of the provisions of this Act, inclusive of:--
(a) the repayment to the Municipal Fund of any amount disbursed therefrom for the purposes of the Transport Undertaking , including the cost of or reasonable charges for, all supplies provided and services rendered for any such purposes by the Commissioner at the charge of the Municipal Fund;
(b) the payment to the Municipal Fund of a sum of money equivalent to the sum which would have been payable under this Act on account of municipal t
(1) Surplus moneys at the credit of the Transport Fund which cannot immediately or at an early date be applied to the purposes of this Act or of any loan raised for the purposes of the Transport Undertaking may be, from time to time, deposited at interest in the Imperial Bank of India1[or any other scheduled bank]2[or an approved co-operative bank]3[or be invested in public securities]:
4[Provided that the amount of money to be deposited in an5[approved cooperative bank] shall not exceed such amount as may be specified by the State Government generally or specially in respect of any approved co-operative bank.]
(2) All such deposits and investments shall be made by the Transport Manager on behalf of the Corporation, with the sanction of the Transport Committee, and with the like sanction, the Transport Manager may at any time withdraw an
(1) Out of the balance of income over expenditure remaining at credit of the Revenue Account of the Transport Fund at the close of each official year, after defraying or making allowance for all charges, costs and expenses payable out of the revenue of the said Fund and allowing for the retention of the cash balance specified in, or for the time being fixed under section 98 to the credit of the said Fund, there shall be transferred to the credit of the Municipal Fund the amount provided in sub-section (2) :
Provided that if the balance at credit of the said Revenue Account, after allowing for the matters aforesaid, is less than the amount provided in sub-section (2),the whole of such balance shall be transferred to the Municipal Fund and any deficit shall be made good to the Municipal Fund out of the Revenue Reserve Fund maintained under section 360 and if the deficit still remains
(1) If after making allowance for the matter mentioned in section 359 there remains any further surplus balance of income over expenditure at credit of the Revenue Account of the Transport Fund, such surplus shall be disposed of as follows:--
(a) 30 per cent. of the surplus shall be credited under a separate heading in the accounts maintained under section 361 to a special fund to be called the 'Revenue Reserve Fund', unless the balance in the said Revenue Reserve Fund, with such credit, would exceed such sum as the Corporation shall with the sanction of the1[State] Government fix, in which case only such sum, if any, as is required to bring the balance to the sum so fixed shall be so credited and the remainder of the surplus, up to 30 per cent. thereof, shall be added in equal shares to the amounts credited or transferred under clauses (6), (c) and (d);
Accounts of the receipts and expenditure of the Corporation on account of the Transport Undertaking and of the properties vested or vesting in the Corporation for the purposes of the said Undertaking shall be kept in such manner and in such forms as the Transport Committee shall from time to time prescribe.
(1) The Transport Manager shall, as soon as may be, after each first day of April, have prepared a detailed report of the administration of the Transport Undertaking during the previous official year, together with a statement showing the amount of the receipts and disbursements respectively credited and debited to the Transport Fund during the said year and the balance at the credit of the fund at the close of the said year as also an account of the balances due on loans and shall submit the same to the Transport Committee.
(2) After an examination and review of the report and statement by the Transport Committee, a copy of the report together with a copy of the Committee's review shall be forwarded to the usual or last known address of each councillor and copies thereof shall be delivered to any person requiring the same on payment of such reasonable fee for each copy as the Tran
(1) The Medical Officer of Health shall be the Registrar General of the City for the purpose of registering births and deaths.
(2) The Commissioner may in consultation with the Registrar General --
(a) divide the City into such and so many divisions as he may from time to time think fit ;
(b) nominate for each such division a municipal officer to be the registrar of births and deaths ; and
(c) appoint for each registrar a suitable station as his office within the division for which he is appointed.
(1) Such particulars as the Commissioner may from time to time specify regarding births and deaths shall be entered in separate register books of births and register books of deaths which shall be maintained by the Registrar General or, if the City has been divided into divisions, by the Registrar of each division.
(2) The Commissioner shall specify the forms of the registers required to be maintained under sub-section (1) and the manner in which such registers shall be maintained.
(1) It shall be the duty of the Registrar General or, if the City is divided into divisions under section 363, of the Registrar of each division to inform himself carefully of every birth and death which shall happen in the City or in his division, as the case may be, and of the particulars concerning the same required to be registered under section 364, and shall, as soon after each such birth or death as conveniently may be, register the same in the book maintained for the purpose without making any charge or demanding or receiving any fee or reward for so doing other than his remuneration as a municipal officer.
(2) Other municipal officers, besides the Registrar General and the Registrars, may be appointed, with the duty of informing themselves of every birth or of every death or of every birth and every death in the division to which they are respectively appointed and of the
It shall be the duty of the father and mother of every child born in the City and, in default of the father and mother, of the occupier of the premises in which to his knowledge the child is born, and of each person present at the birth and of the person having charge of the child, to give, to the best of his knowledge and belief, to the Registrar General or, if the City has been divided into divisions, to the Registrar of the division or to a municipal officer appointed under section 365 within seven days after such birth information of the particulars required to be registered concerning such birth :
Provided that--
(a) in the case of an illegitimate child, no person shall, as father of such child, be required to give information under this Act concerning the birth of such child, and the Registrar General or Registrar, as the case may
In case any new-born child is found exposed, it shall be the duty of any person finding such child and of any person in whose charge such child may be placed to give; to the best of his knowledge and belief, to the Registrar General or Registrar or other municipal officer aforesaid, within seven days after the finding of such child, such information of the particulars required to be registered concerning the birth of such child as the informant possesses.
(1) It shall be the duty of the nearest relative of any person dying in the City present at the death, or in attendance during the last illness, of the deceased and, in default of such relative, of each person present at the death, and of the occupier of the premises in which, to his knowledge, the death took place, and, in default of the persons hereinbefore in this section mentioned of each inmate of such premises to give to the best of his knowledge and belief to the Registrar General or, if the City has been divided into divisions under section 363, to the Registrar of the division in which the death took place or to an officer appointed under section 365 information of the particulars required to be registered concerning such death within twenty four hours of its occurrence:
Provided that if the cause of death is known to be a dangerous disease the information aforesaid shall
In the case of a person who has been attended in his last illness by a duly qualified medical practitioner, that practitioner shall within three days of his becoming congnizant of the death of such person sign and forward to the Registrar General a certificate of the cause of such person's death, in such form as shall from time to time be prescribed by the Commissioner in this behalf, and the cause of death as stated in such certificate shall be entered in the register, together with the name of the certifying medical practitioner.
(1) Any clerical error which may at any time be discovered in a register of births or in a register of deaths may be corrected by any person authorised in that behalf by the Commissioner.
(2) An error of fact or substance in any such register may be corrected by any person authorised as aforesaid by entry in the margin, without any alteration of the original entry, upon production to the Commissioner, by the person requiring such error to be corrected, of a declaration on oath setting forth the nature of the error and the true facts of the case, made before a Magistrate by two persons required by this Act to give information concerning the birth or death with reference to which the error has been made or, in default of such persons, by two credible persons having knowledge of the case, and certified by such Magistrate to have been made in his presence.
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(1) When the birth of any child has been registered and the name, if any, by which it was registered, is altered or, if it was registered without a name, when a name is given to it, the parent or guardian of such child or other person procuring such name to be altered or given may, within twelve months next after the registration of the birth, deliver to the Registrar General or, if the City is divided into divisions under section 363, to the Registrar of the division in which the birth was registered, such certificate as hereinafter metioned, and the Registrar General or Registrar upon the receipt of that certificate shall, without any erasure of the original entry, forthwith enter in the register-book the name mentioned in the certificate as having been given to the child.
(2) The certificate shall be in such form as the Commissioner may from time to time prescribe, and, in the c
(1) The Commissioner may grant to any person he thinks fit a renewable licence for a period of one year to act as (i)Surveyor, (ii) an Architect or Engineer, (iii) Structural Designer, (iv) Clerk of Works, or (v) a Plumber for the purposes of this Act.
(2) No licence shall be granted under sub-section(1) unless the person has the qualifications or experience, or both, as may be prescribed by by-laws.
(3) No application for a licence shall, be refused if the applicant has the qualifications and experience prescribed by by-laws except upon the ground, that the applicant is unfit, through incompetency, misconduct or other grave reason, to hold such licence.
(4) If the Commissioner refuses any application for a licence under subsection (3), he shall, at the request of the applicant, furnish such a
(1) The Commissioner may with the approval of the Standing Committee from time to time issue orders for the guidance of Licensed Surveyors, Architects or Engineers, Structural Designers, Clerks of Works and Plumbers respectively.
(2) Copies of all orders so prescribed for the time being in force shall be kept on sale at the municipal head office at such price as the Commissioner may fix and a copy thereof shall be kept available for inspection at all reasonable times at such office.
The Standing Committee may from time to time prescribe the fees or charges to be paid to licensed plumbers for any work done by them under or for any purpose of this Act, and no licensed plumber shall demand or receive more than the fee or charge so prescribed for any such work.
No licensed plumber shall execute any work under this Act carelessly or negligently or make use of any bad material, appliance or fitting for the purpose of such work.
(1) Except under and in conformity with the terms and conditions of licence granted by the Commissioner, no person shall--
(a) keep in or upon any premises any article specified in the rules--
(i) in any quantity or in excess of the quantity specified in the rules as the maximum quantity of such article which may at one time be kept in or upon the same premises without a licence, and
(ii) for any purpose whatever or for sale or for other than domestic use as may be specified in the case of each article in the rules;
(b) keep in or upon any building intended for or used as a dwelling or within fifteen feet of such building, cotton in presssed bales or boras or loose in quantity exceeding four hundred-weight;
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1[376A. Certain things not to be keepts and certain trades and operations not to be carried on, without licence
Whenever the Commissioner is of opinion that the use of any premises for any of the purposes specified in sub-section (1) of section 376 is dangerous to life, health or property or is causing a nuisance either from its nature or by reason of the manner in which or the conditions under which the use is made and such danger or nuisance should be immediately stopped, the Commissioner may, notwithstanding anything containd in section 376, require the owner or occupier of the premises to stop such danger or nuisance within such time specified in such requisition as the Commissioner considers reasonable and in the event of the failure of the owner or occupier to comply with such requisition, the Commissioner may himself or by an officer subordinate to him cause such use to be s
III. Licences for sale in municipal markets
(1) No person shall, without a licence from the Commissioner, sell or expose for sale any animal or article in any municipal market.
(2) Any person contravening this section may be summarily removed by the Commissioner or by any municipal officer or servent.
(1) No person shall without, or otherwise than inconformity with the terms of, a licence granted by the Commissioner in this behalf--
(a) keep open, or permit to be kept open, a private market;
(b) use or permit to be used any place in the City as a slaugher-house or for the saughtering of any animal intended for human food;
(c) use or permit to be used any place without the City, whether as a slaughter-house or otherwise, for the slaughtering of any animal intended for human food to be consumed in the City:
Provided that--
(i) the Commissioner shall not refuse a licence for keeping open a private market lawfully established at the appointed day if application for such licence is made within two months th
No person who knows that any private market has been established without the sanction of the Commissioner, or is kept open after a licence for keeping the same open has been refused, cancelled or suspended by the Commissioner, shall sell or expose for sale therein any animal or articles of human food, or any live-stock or food for live-stock.
No person shall slaughter any cattle, horses, sheep, goats or pigs for removing the skin thereof or cut, up the carcass of any such animal at any place outside a municipal slaughter-house or a licensed slaughter-house otherwise than in conformity with the written permission of the Commissioner.
V. Licences for sale of Articles of Food outside of Markets
No person shall, without a licence from the Commissioner, sell or expose for sale --
(a) any four-footed animal or any meat or fish intended for human food, in any place other than a municipal or
(b) ices and aerated waters, kulfi, sugar-cane juice,1[cut or peeled fruit,] vegetables, any confectionery or sweetmeats whatsoever or such other cooked food or other articles intended for human consumption as may from time to time by public notice be specified by the Commissioner, in any palce other than a municipal or private market or licenced eating house or sweetmeat shop.
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1. These words were substituted for the words '"cut o
VI. Licensing of Butchers, etc.
No person shall without, or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf--
(a) carry on within the City, or at any municipal slaughter-house, the trade of a butcher ;
(b) use any place in the City for the sale of the flesh of any animal intended for human consumption or any place without the City for the sale of such flesh for consumption in the City.
VII. Licences for dairy products
No person shall without, or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf--
(a) carry on within the City the trade or business of a dairyman;
(b) use any place in the City as a dairy or for the sale of any dairy produce.
Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall use any public place or any public street for the purpose of hawking or exposing for sale; any article whatsoever, whether it be for human consumption or not.
Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall, for purposes of gain, use any public place or public street for the purpose of using his skill in any handicraft or in rendering services to and for the convenience of the public.
IX. General Provisions regarding licences and Permits
(1) Whenever it is provided by or under this Act that a licence or a written permission may be given for any purpose, such licence or written permission shall specify the period for which and the restrictions and conditions subject to which, the same is granted and the date by which an application for the renewal of the same shall be made and shall be given under the signature of the Commissioner or of a municipal officer empowered under section 69 to grant the same.
(2) Except as may otherwise be provided by or under this Act, for every such licence or written permission a fee may be charged at such rate as shall from time to time be fixed by the Commissioner, with the sanction of the Corporation.
(3) Subject to the provisions of the pr
(1) The Commissioner may enter into or upon any premises, with or without assistance or workman, which he is empowered by or under the provisions of this Act or the rules to eater or inspect or in order to make any inspection, survey, measurement, valuation or inquiry or to execute any work which is authorised by or under this Act or which it is necessary for any of the purposes, or in pursuance of any of the provisions, of this Act or of any rules, by-laws, regulations or standing orders thereunder to make or execute.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Commissioner or any municipal officer or servant authorised by Mm in this behalf shall have power to enter and inspect any place or article in the following cases, namely:--
(a) any stable, garage, coachhouse or any place where any vehicle,
(1) No such entry shall be made within sunset and sunrise :
Provided that in any case in which it has been expressly provided by or under this Act such entry may be made by day or night.
(2) Except as otherwise expressly provided by or under this Act, no building used as a human dwelling shall be entered unless with the consent of the occupier thereof without giving him atleast six hours' notice in writing of the intended entry and, except when it is deemed inexpedient to mention the purpose thereof, of such purpose.
(3) When such premises may otherwise be entered without notice, sufficient notice shall be given in every instance to enable the inmates of any apartment appropriated to females to remove themselves.
(4) Due regard shall always be h
1 [388A. Power of Commissioner to evict persons summarily in certain cases
(1) Where the Commissioner is required by section 284A, 301 or 304 to cause building or part thereof to be vacated, he, may take or cause to be taken such steps and use or cause to be used such force as may in the opinion of the Commissioner be reasonably necessary therefor.
(2) The Commissioner may, after giving 15 clear days' notice to the persons evicted under sub-section (1), remove or cause to be removed or dispose of by public auction any property remaining in such building.
(3) Where property is sold under sub-section (2) the sale proceeds shall, after deducting the expenses of sale, be paid to such person or persons as may appear to the Commissioner to be entitled to the same.]
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(1) In the exercise of the powers under the following provisions of this Act by the Commissioner or any other Municipal officer or servant or any other person authorised by or under this Act to execute any work, as little damage as can be shall be done and compensation assessed in the manner prescribed by or under this Act shall be paid to any person who sustains damage in consequence of the exercise of such powers, namely:--
(a) carrying any municipal drain through, across or under any street or any place laid out as or intended for a street or across any cellar or vault under any street-under sub-section (1) of section 155;
(b) entering upon and constructing any new drain or repairing or altering any municipal drain already constructed-under sub-section (2) of section 155;
(c) affixing of
Subject to the provisions of this Act, the Commissioner or such other officer as may be authorised by him in this behalf shall, after holding such inquiry as he thinks fit, determine the amount of compensation to be paid under section 389.
Any person aggrieved by the decision of the Commissioner or other officer under section 390 may, within a period of one month, appeal to the Judge in accordance with the provisions of Chapter XXVI.
(1) Whoever--
(a) contravenes any provision of any of the sections, sub-sections or clauses mentioned in the first column of Part I of the table in Appendix II or of any regulation or order made thereunder, or
(b) fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses,
shall be punished, for each such offence, with fine which may extend to the amount mentioned in that behalf in the second column of the said Part.
(2) Whoever, after having been convicted of--
(a) contravening any provision of any of the sections, sub-sections or clauses mentioned in the first column of Part II of the table in Appendix II or of any regulation or order made thereun
(1) Whoever contravenes any provision of any of the sections, sub-sections or clauses of this Act mentioned in the first column of the following table or of any regulation or order made thereunder, and whoever fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, shall be deemed to have committed an offence punishable under the section of the Indian Penal Code respectively specified in the second column of the said table as the section of the said Code. (XLV. of 1860) under which such person shall be punishable, namely :--
Sections of this Act Sections of the Indian Penal Code under which offenders are punishable.
194 (2), 311, clauses (a), (b), (c) and (d), 312 277
319.. .. .. 188
477
Any officer or servant of the Corporation who knowingly prepares or makes an entry in the list of persons qualified to be enrolled as voters at ward elections which is incorrect or false shall, on conviction, be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
Any councillor or any member of the Transport Committee who is not a councillor who knowingly acquires, directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the Corporation, not being a share or interest such as, under section 10, it is permissible for councillor to have without being thereby disqualified for being a councillor, and any Commissioner, Transport Manager, municipal officer or servant who knowingly acquires, directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the Corporation, not being a share or interest such as, under sub-clause (ii) or (iv) of sub-section (2) of section 10, it is permissible for councillor to have without being thereby disqualified for being a councillor, shall be deemed to have committed the offence made punishable by section 168 of the Indian Penal Code, (XLV of 1860).
Whoever acts or abets the commission of an act which is in contravention of the provisions of section 61 or 62 shall, on conviction, be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.
(1) Whoever contravenes any provision of sub-section (1) of section 194 shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both.
(2) When any person is convicted under sub-section (1) the Magistrate who convicts him may order the immediate removal of any building, or the immediate discontinuance of the operation or use of land, in respect of which such conviction has been held.
(3) If any order made under sub-section (2) is disobeyed or the execution thereof resisted the offender shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both.
Where any vehicle, animal, or goods imported into the limits of the City are liable to the payment of toll or octroi any person who, with the intention of defrauding the Corporation, causes or abets the introduction of or himself introduces or attempts to introduce within the limits of the City any such vehicle, animal or goods upon which payment of the toll or octroi due on such introduction has neither been made nor tendered, shall, on conviction, be punished with fine which may extend to ten times the amount of such toll or octroi or to two hundred and fifty rupees, whichever may be greater.
Whoever contravenes any provision of this Act or rule, by-law, regulation, standing order, licence, permission or notice issued thereunder or fails to comply with any requisition lawfully made under any such provision shall, if no penalty is provided in any other provision of this Act for such contravention or failure, be punished, for each such offence, with fine which may extend to one hundred rupees and with further fine which may extend to twenty rupees for every day on which such contravention or failure continues after the first conviction;
No person who receives the rent of any premises in any capacity described in paragraph (i), (ii) or (iii) of sub-clause (a) of clause (45) of section, 2 shall be liable to any penalty under this Act for omitting to do any act as the owner of such premises, if he shall prove that his default was caused by is not having funds of, or due to, the owner sufficient to defray the cost of doing the act required.
Where a person committing an offence under this Act, or any rule, bylaw, regulation or standing order is a company, or a body corporate, or an association of persons (whether incorporated or not), or a firm, every director, manager, secretary, agent or other officer or person concerned with the management thereof, and every partner of the firm shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
(1) If, on account of any act or omission, any person has been convicted of an offence against this Act or against any rule, regulation or by-law, and, by reason of such act or omission of the said person, damage has occurred to any property of the Corporation, compensation shall be paid by the said person for the said damage notwithstanding any punishment to which he may have been sentenced for the said offence.
(2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the Magistrate before whom he was convicted of the said offence, and on non-payment of the amount of compensation so determined, the same shall be recovered under a warrant from the said Magistrate as if it were a fine inflicted by him on the person liable therefor.
(1) If an application is made under section 16 for a declaration that any particular, candidate shall be deemed to have been elected, the applicant shall make parties to his application all the candidates who were duly nominated for the seat or seats in the ward in question, whether or not the said candidates have been declared elected, and shall proceed against the candidate or candidates declared elected.
(2) The applicant shall, whenever so required by the Judge, deposit in the Court a sum of five hundred rupees in cash or Government securities of equivalent value at the market rate of the day as security for any costs which the applicant may be ordered to pay to other parties to the said application.
(3) If, after making such inquiry as he deems necessary, the Judge finds that the election of a returned candidate has been procured or
(1) If the Judge sets aside an election of a candidate on the ground that a corrupt practice has been committed in the interest of such candidate, he shall declare such candidate to be disqualified for the purpose of any fresh election which may be held under this Act.
(2) If in any proceedings under section 16, the Judge finds that a corrupt practice has been committed within the meaning of that section by any person he may, if he thinks fit, declare such person to be disqualified for being elected and for being a councillor for such term of years not exceeding seven as he may fix :
Provided that no such declaration shall be made unless such person has been given a reasonable opportunity to be heard :
Provided further that the1[State] Government may by order in writing at any time relieve suc
II. References to the Judge
In the following cases a reference shall be made to the Judge :--
(1) whether a councillor has ceased to hold office under section 12 ;
(2) whether a person has ceased to be a member of the Transport Committee under section 26 ;
(3) whether the Commissioner may be directed to remove a shaft or pipe on the application of the owner of a building or hut under section 175 ;
(4) regarding the amount of the price for the land required for setting forward a building under section 216 ;
(5) regarding the amount or payment of expenses for any work executed or any measure taken or things done under the orders of the Commissioner or any municip
( 1) Subject to the, provisions hereinafter contained, appeals against any rateable value or tax fixed or charged under this Act shall be heard and determined by the Judge.
(2) No such appeal1[shall be entertained] unless--
(a) it is brought within fifteen days after the accrual of the cause of complaint ;
(b) in the case of an appeal against a rateable value a complaint has previously been made to the Commissioner as provided under this Act and such complaint has been disposed of ;
(c) in the case of an appeal against any tax in respect of which provision exists under this Act for a complaint to be made to the Commissioner against the demand, such complaint has previously been made and disposed of ;
(d)
For the purposes of section 406, cause of complaint shall be deemed to have accrued as follows, namely:--
(a) in the case of an appeal against a rateable value, on the day when the complaint made to the Commissioner against such value is disposed of;
(b) in the case of an appeal against any tax referred to in a clause (c) of sub section (2) of the said section on the day when the complaint against the tax is disposed of by the Commissioner ;
(c) in the case of an appeal against any amendment made in the assessment book for property taxes during the official year, on the day when the complaint made to the Commissioner by the person aggrieved against such amendment is disposed of ;
(d) in the case of an appeal against a tax not covered by clause (
1[408. Arbitration
(1) Where any person aggrieved by an order fixing or charging any rateable value or tax under this Act desires that any matter in difference between him and the other parties interested in such order should be referred to arbitration, then, if all such parties agree to do so, they may, at any time within fifteen days after the accrual of the cause of complaint, apply to the Judge for an order of reference on such matter and on such application being made, the provisions of the Arbitration Act, 1940, (X of 1940) relating to arbitration in suits shall, so far as they can be made applicable apply to such application, and the proceedings to follow thereon, as if the said Judge were a Court within the meaning of that Act and the application were an application made in a suit.
(2) An application for an order of reference to
(1) If any party to an appeal against a rateable value makes an application to the Judge eigher before the hearing of the appeal or at any time during the hearing of the appeal, but before evidence as to value has been adduced to direct a valuation of any premises in relation to which the appeal is made, the Judge may, in his discretion, appoint a competent person to make the valuation and any person so appointed shall have power to enter on, survey and value the premises in respect of which the direction is given ;
Provided that, except when the application is made by the Commissioner, no such direction shall be made by the Judge unless the applicant gives such security as the Judge thinks proper for the payment of the costs of valuation under this sub-section.
(2) The costs incurred for valuation under sub-section (1) shall be costs
If, before or on the hearing of an appeal relating to the reteable value or tax, any question of law or usage having the force of law, or the construction of a document arises, the Judge may, and on the application of any party to the appeal shall, draw up a statement of the facts of the case and the question so arising, and refer the statement with his own opinion on the point for the decision of the1[Civil Appellate Court].
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1. These words were substituted for the words "District Court" by Guj. 8 of 1968, section 8(2).
411. An appeals to the 1[Civil Appellate Court]
2[(aa) from a decision of the Judge in an appeal under section 391 against an assessment of compensation under clause (f) of sub-section (1) of section 389, and]
(a) from any decision of the Judge in an appeal under section 406 by which a rateable value in excess of two thousand rupees is feed, and
3[(bb) from any order of the Judge under the proviso to sub-section (2) of section 406; and],
(b) from any other decision of the said Judge in an appeal under the said section, upon a question of law or usage having the force of law or the construction of a document :
Provided that no such appeal shall be heard by the1[Civil Appellate Court] unless it is filed wit
The costs of all proceedings in appeal under section 406 before the Judge including those of arbitration under section 408 and of valuation under section 409 shall be payable by such parties in such proportion as the Judge shall direct and the amount thereof shall, if necessary, be recoverable as if the same were due under a decree of a Court of Small Causes under1[the relevant Small Cause Courts Act.]
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1. These words were substituted for the words and figures "the Provincial Small Cause Courts Act, 1887" by Guj. 8 of 1968, section 8 (4).
(1) Every rateable value fixed under this Act against which no complaint is made as hereinbefore provided, and the amount of every sum claimed from any person under this Act on account of any tax, if no appeal therefrom is made as hereinbefore provided, and the decision of the Judge aforesaid upon any appeal against any such value or tax if no appeal is made therefrom under section 411 and if such appeal is made the decision of the1[Civil Appellate Court] in such appeal shall be final.
(2) Effect shall be given by the Commissioner to every decision of the said Judge on any appeal against any such value or tax.
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1. These words were substituted for the words "District Court" by Guj. 8 of 1968, section 8(2).
Appeal shall lie to the Judge against the orders of the Commissioner in the following oases, namely :--
(1) an order declining to remove a shaft or pipe--under section 175;
(2) an order requiring a building to be set forward--under section 215;
(3) an order requiring the owner or occupier to repair, protect or enclose a place found to be dangerous--under section 247 ;
(4) an order directing the demolition of an insanitary building--under section 300 ;
(5) an order directing the demolition of an obstructive building under section 303:
Provided that no such appeal shall lie unless it is filed within one month from the date of the order of the Commissioner.
(1) On an appeal being made against a demolition order made under section 300 or 303, the Judge may make such order either confirming or quashing or varying the order as he thinks fit, and he may, if he thinks fit, accept from an appellant any such undertaking as might have been accepted by the Commissioner, and any undertaking so accepted by the Judge shall have the like effect as if it had been given to and accepted by the Commissioner under section 300 :
Provided that the Judge shall not accept from an appellant upon whom such a notice as in mentioned sub-section (1) of section 300 was served an undertaking to carry out any work unless the appellant complied with the requirements of sub-section (2) of that section.
(2) An appeal shall lie to the1[Civil Appellate Court] from a decision of the Judge on an appeal under this section, with
(1) An appeal shall lie to the1[Civil Appellate Court] from a decision of the Judge regarding the amount or payment of expenses for any work executed, when the amount of the claim in respect of which the decision is given exceeds two thousand rupees:
Provided that no such appeal shall be heard by the1[Civil Appellate Court] unless it is filed within one month from the date of the decision of the Judge.
(2) The decision of the Judge regarding the amount or payment of expenses for any work executed, if no appeal is filed under this section, and, if an appeal is filed, the decision of the1[Civil Appellate Court] in such appeal shall be final.
(3) When an appeal is filed under sub-section (1) in respect of a decision regarding the amount or payment of expenses for any work executed, the Commission
1[416A. Fees in appeals before2[Civil Appellate Court]
The State Government may from time to time, by notification in the Official Gazette, prescribe what fee, if any, shall be paid for an appeal to the2[Civil Appellate Court] under section 411, 415 or 416 :
Provided that the2[Civil Appellate Court] may, whenever it thinks fit, receive an appeal by or on behalf of a poor person, without payment or on a part payment of the prescribed fees :
Provided further that whenever an appeal made to the2[Civil Appellate Court] is settled by agreement of the parties before the hearing, half the amount of the fees paid up shall be repaid by the2[Civil Appellate Court] to the party by whom the same may have been paid.]
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(1) If the owner of any building or land is prevented by the occupier thereof from complying with any provision of this Act or of any rule, regulation or by-law or with any requisition made under this Act or under any such rule, regulation or by-law in respect of such building or land, the owner may apply to the Judge.
(2) The Jud ge, on receipt of any such application, may make a written order requiring the occupier of the building or land to afford all reasonable facilities to the owner for complying with the said provision or requisition, or to vacate thepremises temporarily if the said provision or requisition relates to any action under section 264, involving the safety or convenience of such occupier, and may also, if he thinks fit, direct that the cost of such application and order be paid by the occupier.
(3) After eight days fro
(1) For the purposes of any inquiry or proceeding under this Act, the Judge may summon and enforce the attendance of witnesses and compel them to give evidence and compel the production of documents, by the same means and, as far as is possible, in the same manner as is provided in the case of a Court of Small Causes by or under1[the relevant Small Cause Courts Act] and in all matters relating to any such inquiry or proceeding the Judge shall be guided generally by the provisions of the said Act so far as the same are applicable.
(2) If, in any such inquiry or proceeding, the person against whom the complaint or application has been made fails to appear, notwithstanding that he has been duly summoned for this purpose, the Judge may hear and determine the case in his absence.
(3) The costs of every such inquiry or proceeding as determined
(1) The1[State] Government may, from time to time, by notification in the Official Gazette, prescribe what fee, if any, shall be paid:--
(a) on any application, appeal or reference made under this Act to the Judge; and
(b) previous to the issue, in any inquiry or proceeding of the Judge under this Act, of any summons or other process :
Provided that the fees, if any, prescribed under clause (a) shall not, in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fees for the time being levied, under the provisions of2[the relevant Small Cause Courts Act], in cases in which the value of the claim or subject matter is of like amount.
(2) The1[State] Government may from time to time by a like notifica
The Judge may, whenever he thinks fit, receive an application, appeal or reference made under this Act, by or on behalf of a poor person, and may issue process on behalf of any such person without payment or on a part payment of the fees prescribed under section 419.
Whenever any application, appeal or reference made to the Judge under this Act is settled by agreement of the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the Judge to the parties by whom the same have been respectively paid.
VI. Appointment of Magistrates
(1) The1[State] Government may with the consent of the Corporation create one or more posts of Magistrates of the First Class for the trial of offences against this Act, or against any rule, regulation or by-law made thereunder and may appoint any person to such post and may also appoint such ministerial officers for the court of any such Magistrate as it may think necessary :
Provided that notwithstanding the appointment of one or more Magistrates of the First Class under this section it shall be open to the District Magistrate subject to the rules for the time being in force under section 17 of the Code of Criminal Procedure, 1898, (V of 1898) regulating the distribution of business in the Courts of Magistrates of the First Class to make such distribution of the work of trial of such offences and of all o
In the following matters references shall be made to a Magistrate of the First Class having jurisdiction within the limits of the City :--
(a) the abatement of overcrowding--under section 307;
(b) the detention of a person suffering from a dangerous disease in a public hospital under the rules.
(1) Any animal and any article not of a perishable nature and any utensil or vessel seized under section 338 shall be forthwith taken before a Magistrate of the First Class.
(2) If it shall appear to such Magistrate that any such animal or article is diseased, unsound or unwholesome or unfit for human consumption, as the case may be, or is not what it was represented to be or that such utensil or vessel is of such kind or in such state as to render any article prepared, manufactured or contained therein unwholesome or unfit for human consumption, he may, and, if it is diseased, unsound, unwholesome or unfit for human consumption, he shall cause the same to be destroyed, at the charge of the person in whose possession it was at the time of its seizure, in such manner as to prevent the same being again exposed or hawked about for sale or used for human consumption, or for the prepar
In every case in which food, on being dealt with under section 424, appears to the Magistrate to be diseased, unsound or unwholesome or unfit for human consumption, the owner thereof or the person in whose possession it was found, not being merely bailee or carrier, thereof, shall, on conviction, if in such case the provisions of section 273 of the Indian Penal Code (XLV of 1860) do not apply, be punished with fine which may extend to five hundred rupees.
In all prosecutions under section 425 the Magistrate shall refuse to issue a summons for the attendance of any person accused of an offence against such section, unless the summons is applied for within a reasonable time from the alleged date of the offence of which such person is accused.
(1) Offences for the contravention of sections 60, 61 and 325 shall be cognizable.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, (V of 1898) all offences against this Act, or against any rule, regulation or by-law, whether committed within or without the City, shall be cognizable by a Magistrate of the First Class having jurisdiction in the City and no such Magistrate shall be deemed to be incapable of taking cognizance of any such offence or of any offence against any enactment hereby repealed, by reason only of his being liable to pay any municipal tax or of his being benefited by the Municipal Fund.
(3) Notwithstanding anything contained in; section 200 of the said Code, it shall not be necessary in respect of any offence against this Act or any rule, regulation or by-law made thereunder, to examine
No Magistrate shall take cognizance of any offence punishable under this Act, or any rule, regulation or by-law, unless complaint of such offence is made before him--
(a) within six months next after the date of the commission of such offence; or
(b) if such date is not known or the offence is a continuing one within six months next after the commission or discovery of such offence.
If any person summoned to appear before a Magistrate to answer a charge of an offence punishable under this Act or any rule, regulation or by-law fails to appear at the time and place mentioned in the summons, and if service of summons is proved to the satisfaction of the Magistrate and no sufficient cause is shown for the non-appearance of such person the Magistrate may hear and determine the case in his absence.
Any document purporting to be a report under the hind of the Chemical Analyser to Government upon any article duly submitted to him for analysis may be used as evidence of the facts therein stated in any inquiry or prosecution under this Act.
(1) Any person who resides in the City may complain to a Magistrate of the First Class having jurisdiction therein of the existence of any nuisance or that in the exercise of any power conferred by section 156, 157, 175, 176, 177 249 or 292 more than the least practicable nuisance has been created.
(2) Upon receipt of any such complaint, the Magistrate, after making such inquiry as he thinks necessary, may, if he sees fit, direct the Commissioner--
(a) to put in force any of the provisions of this Act or of any rule, regulation or by-law or to take such measures as to such Magistrate shall seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance;
(b) to pay to the complainant such reasonable costs of and relating to the said complaint and order as the sai
432. Appeal to the1[Criminal Appellate Court] from order passed under section 431
(1) An appeal shall lie to the1[Criminal Appellate Court] from an order passed by a Magistrate under section 431 within one month of the date thereof.
(2) The1[Criminal Appellate Court] may, when disposing of an appeal under sub-section (1), direct by whom and in what proportions, if any, the costs of the appeal are to be paid, and costs so directed to be paid may, on application to a Magistrate of the First Class having jurisdiction in the City, be recovered by him, in accordance with the direction of the1[Criminal Appellate Court] as if they were a fine imposed by himself.
(3) When an appeal has been preferred to the1[Criminal Appellate Court] under this section the Commissioner shall defer action upon the orde
IX. Arrest of Offenders
(1) Any police officer may arrest any person who commits in his view any offence against this Act or against any rule, regulation or by-law, if the name and address of such person be unknown to him, and if such person, on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false.
1[(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the2[nearest Judicial Magistrate], for a longer period than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such Magistrate.]
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1. Sub-section (2) was
(1) Save as expressly provided by this Chapter the provisions of the Code of Civil Procedure, 1908, (V of 1908) relating to appeals from original decrees shall apply to appeals to the Judge from the orders of the Commissioner and relating to appeals from appellate decrees shall apply to appeals to the1[Civil Appellate Court].
(2) All other masters for which no specific provision has been made under this Act shall be governed by such rules as the2[State] Government may from time to time make after consultation with the High Court.
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1. These words were substituted for the words "District Court" by Guj. 8 of 1968, section 8(2).
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
(1) In computing the period of limitation prescribed for an appeal or application referred to in this Chapter, the provisions of sections 5, 12, and 14 of the Indian Limitation Act, 1908, (IX of 1908) shall, so far as may be apply.
(2) When no time is prescribed by this Act for the presentation of an appeal, application or reference, such appeal or application shall be presented or reference shall be made within thirty days from the date of the order in respect of or against which the appeal, application or reference is presented or made.
436. Execution of orders of the Judge and Civil1[Appellate Courts]
(1) All orders of the Judge shall be executed in the same manner as if they were decrees of the Court of Small Causes passed under2[the relevant Small Cause Courts Act].
(2) All orders of the3[Civil Appellate Courts] shall be executed as if they were the decrees of the4[Civil Appellate Court].
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1. There words were substituted for the words "District Judge" by Guj. 8 at 1988, section 8(1).
2. These words were substituted for the words and figures "the Provincial Small Cause Courts Act, 1887", Guj. 8 at 1988, section 8(4).
3. These words were substituted for the words "Distr
1[436A. Rule of construction in respect of Magistrate for City of Ahmedabad
The references in this Act to a Magistrate of the First Class or Magistrate shall in relation to the City of Ahmedabad be construed as references to a Magistrate appointed under section 14 of the Ahmedabad City Courts Act, 1961, (Guj. XIX of 1961).]
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1. Section 436A was inserted, Guj. 8 at 1988, section 10.
The provisions of the Code of Criminal Procedure, 1898, (V of 1898) shall, so far as may be, apply to all inquiries and proceedings under this Act before the Magistrates.
Power to evict certain persons from Municipal premises.
Power to recover rent or damages as arrears of land revenue.
Deduction of rent from salary or wages in certain cases,
Appeal.
Bar of jurisdiction of Civil Courts.
Swing of other provisions.]] Repealed by Guj. 12 of 1973, section 19.
(1) The expenses incurred by the Commissioner in effecting any removal under section 60, section 231 or sub-section (3) of section 239, or, in the event of a written notice issued under sub-section (2) of section 226 or, sub-section (3) of section 227 or section 232 or sub-section (3) of section 244 or sub-section (3) of section 245 or section 264 or section 308 not being complied with, under section 479, and all other expenses and charges specified in sub-section (2), if any, shall, subject to the provisions of sub-section (2), be recoverable by the sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be paid by the owner of the said materials.
(2) If the expenses of removal are in any case paid before the materials are sold, the Commissioner shall restore the materials to the owner thereof, on his claiming the same at any time before
(1) Whenever under this Act, or any rule, regulation or by-law the expenses of any work executed or of any measure taken or thing done by or under the order of the Commissioner or of any municipal officer empowered under section 69 in this behalf are payable by any person, the same shall be payable on demand.
(2) If not paid on demand, the said expenses shall be recoverable by the Commissioner, subject to the provisions of sub-section (4) and sub-section (3) of section 416 by distress and sale of the moveable property or attachment and sale of the immovable property of the defaulter, as if the amount thereof were a property-tax due by the said defaulter.
(3) If, when the Commissioner demands payment of any expenses under subsection (1) his right to demand the same or the amount of the demand is disputed, or if, in the case of expenses
If the said expenses are due in respect of some work executed or thing done to, upon or in connection with, some building or land or of some measure taken with respect to some building or land or in respect of a private street and the defaulter is the owner of such building or land or of the premises fronting or adjoining such street or abutting thereon, as the case may be, the amount thereof may be demanded from any person who at any time, before the said expenses have been paid, occupies the said building, land or premises under the said owner; and in the event of the said person failing to pay the same, they may be recovered, by distress and sale of the moveable property or the attachment and sale of the immovable property of the said person, as if the amount thereof were a property-tax due by him :
Provided as follows, namely :--
(
Instead of recovering any such expenses as aforesaid in any manner hereinbefore provided, the Commissioner may, if he thinks fit and with the approval of the Standing Committee, take an agreement from the person liable for the payment thereof, to pay the same in instalments of such amounts and at such intervals as will secure the payment of the whole amount due, with interest thereon, at such rate not exceeding nine per centum per annum as the Standing Committee may fix from time to time, within a period of not more than five years.
(1) Any expenses incurred by the Commissioner under any provision of this Act in respect of any material or fittings supplied or work executed or thing done to, upon or in connection with some building or land which are recoverable from the owner or occupier of such building or land may, subject to the regulations, be declared to be improvement expenses if the Commissioner with the approval of the Corporation, thinks fit so to declare them, and on such declaration being made, such expenses, together with interest thereon payable under sub-section (2), shall be a charge on the premises in respect of which, or for the benefit of which, the expenses have been incurred.
(2) Improvement expenses shall be recoverable in instalments of such amount not being less for any premises than twelve rupees per annum, and at such intervals as will suffice to discharge such expenses, together with i
(1) Where the occupier by whom any improvement expenses are paid holds the premises on which the expenses together with interest thereon are charged, at a rent not less than the rack-rent, he shall be entitled to deduct three-forths of the amount paid by him on account of such expenses and interest thereon as aforesaid from the rent payable by him to his landlord, and, if he holds at a rent less than the rack-rent, he shall be entitled to deduct from the rent so payable by him such proportion of three-fourths of the amount paid by him on account of such expenses and interest thereon as aforesaid as his rent bears to the rack-rent.
(2) If the landlord from whose rent any deduction is so made is himself liable to the payment of rent for the premises in respect of which the deduction is made and holds the same for a term of which less than twenty years is unexpired ( but not otherwis
At any time before the expiration of the period for the payment of any improvement expenses together with interest thereon, the owner or occupier of the premises on which they are charged may redeem such charge by paying to the Commissioner such part of the said expenses and such interest due, if any, as may not have been already paid or recovered.
Any instalment payable under section 441 or 442 which is not paid when the same becomes due, may be recovered by the Commissioner by distress and sale of the moveable property or the attachment and sale of the immovable property of the person by whom it is due as if it were a property-tax due by the said person.
Whenever the owner of any building or land fails to execute any work which he is required to execute under this Act or under any rule, regulation or by-law the occupier, if any, of such building or land may, with the approval of the Commissioner, execute the said work, and he shall be entitled to recover the reasonable expenses incurred by him in so doing from the owner and may without prejudice to any other right of recovery deduct the amount thereof from the rent which from time to time becomes due by him to the owner.
Instead of proceeding in any manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due, or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for the same in any Court of competent jurisdiction.
448. Power of1[state Government to require performance of duties in default of any municipal authority
(1) If it shall at any time appear to the1[State] Government upon complaint or otherwise that default has been made in the performance of any duty imposed on any of the municipal authorities by or under this Act or by or under any enactment for the time being in force, the1[State] Government may, if satisfied after due inquiry that the alleged default has been made, make an order prescribing a period for the performance of that duty:
Provided that, except in any case which appears to the1[State] Government to be one of emergency, no such order shall be made until after the expiry of one month from the date of service of a written notice on the Corporation, and if the1[State] Government shall think fit, on the Commissioner, requiring cau
(1) When any such order as is mentioned in sub-section (2) of section 448, shall have been made, the Corporation shall cause to be paid to the1[State] Government the sum or sums of money of which payment shall from time to time be required, in pursuance of, the said order, in any requisition made by the1[State] Government.
(2) If, within fourteen days from the delivery of any such requisition, the same is not complied with, the1[State] Government may by a written order authorise and direct some person to receive from the bank in which the Municipal Fund is lodged the sum or sums mentioned in the said order.
(3) The said bank shall, upon production of the said written order, forthwith pay the said sum or sums to the person therein authorised to receive the same and the said written order shall be a sufficient discharge to the said bank fr
450. Power to1[State] Government to call for extracts from proceedings, etc.
(1) The1[State] Government may at any time call upon the Corporation to furnish it with any extract from any proceedings of the Corporation, the Standing Committee, the Transport Committee or any other committee constituted under this Act or from any record under the control of the Corporation and with any statistics concerning or connected with the administration of this Act; and the Corporation shall furnish the same without unreasonable delay.
(2) The1[State] Government may at any time call upon the Commissioner or the Transport Manager to furnish it with any information, report, explanation or statistics concerning or connected with the executive administration of this Act so far as each is concerned, and the Commissioner or the Transport Manager, as the cas
451. Power of1[State] Government to suspend action under this Act
(1) If the1[State] Government is of opinion that the execution of any resolution or order of the Corporation or of any other municipal authority or officer subordinate thereto or the doing of any act which is about to be done or is being done by or on behalf of the Corporation is in contravention of or in excess of the powers conferred by this Act or of any other law for the time being in force or is likely to lead to a breach of the peace or to cause injury or annoyance to the public or to any class or body of persons, the1[State] Government may, by order in writing suspend the execution of such resolution or order, or prohibit the doing of any such act.
(2) A copy of such order shall forthwith be sent to the Corporation by the1[State] Government.
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1 [452. Power of 2 [State] Government to supersede Corporation in case of incompetency, persistent default or excess or abuse of powers
(1) If at any time upon representation made or otherwise it appears to the 2 [State] Government that the Corporation is not competent to perform, or persistently makes default in the performance of, the duties imposed upon it or under this Act or any other law for the time being in force or exceeds or abuses its powers, the 2 [State] Government may, after having given the Corporation an opportunity to show cause why such order should not be made, by an order published, with the reasons therefor, in the Official Gazette, direct that the Corporation shall be superseded for a period to be specified in the order 3 [Such period may be longer than the term for which the councillors of the Corporation would have held office under section 6, if the Corpora
1 [452A. [Deleted]
[Power of State Government to make suitable provisions by order on alteration of limits of a City. Deemed to have been deleted with effect on and from the 1st April 1986 by Guj. 19 of 1986, section 3 (1).
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1. Any order published under section 452A was deemed to have been published under section 3A, vide section 3 of Guj. 19 of 1986.
The rules in1[Schedule A] as amended from time to time shall be deemed to be part of this Act.
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1. This word and letter were substituted for the word "Schedule" by Guj. 19 of 1964, section 22 and 23.
The Corporation may add to1[Schedule A] rules not inconsistent with the provisions of this Act (which expression shall in this section be deemed not to include2[the said Schedule A]) to provide for any matter dealt with or for any of the purposes specified in2[the said Schedule A]; and may, subject to the same limitations, amend, alter or annul any rule in [the said Schedule A]
Provided that, if any rule regulating the punishment of an offence is altered or amended, the punishment awarded under such altered or amended rule shall not exceed the maximum provided in section 468.
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1. This word and letter were substituted for the word Schedule by Guj. 19 of 1964, section 22 and 23.
2. These words and latter were substituted for t
455. Power to make rules subject to sanction of1[state] Government
(1) The power to make, add be, alter or rescind any rule under section 454, shall be subject to the sanction of the1[State] Government and to the condition of the rules being made after previous publication.
(2) All rules made under section 454 shall be finally published in the Official Gazette and shall thereupon have effect as if enacted in this Act.
(3) In addition to the publication required under sub-sections (1) and (2), the Corporation may determine in each case what further publication, if any, is required for rules made or proposed to be made.
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1. This word and letter were substituted for the word Schedule
456. Power of1[State Government to make rules
(1) The1[State] Government may at any time required the Corporation to make rules under section 454 in respect of any purpose or matter specified in section 457.
(2) If the Corporation fails to comply with such requisition within such reasonable time as may be fixed by the1[State] Government, the1[State] Government may, after previous publication make such rules and the rules so made shall, on final publication in the Official Gazette, have effect as if enacted in this Act.
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1. This word and letter were substituted for the word "Schedule" by Guj. 19 of 1964, section 22 and 23.
In particular, and without prejudice to the generality of the powers conferred by section 454, rules made thereunder may provide for or regulate all or any of the following purposes and matters, namely:--
(1) Ward elections.--
(a) The amount of the rateable value of business premises for the purposes of the business premises qualification under section 8;
(b) the preparation, publication, correction, and revision of the municipal election roll, the manner in which, the conditions under which, and the authority by which, claims to, or objections against, inclusion in, or exclusion from, the said roll may be made and decided and the date on which the said roll shall come into operation and the period for which it shall continue in operation;
(c) the n
The Corporation may from time to time mate by-laws, not inconsistent with this Act and the rules, with respect to the following matters, namely :--
(1) regulating, in any particular not specifically provided for in this Act or the rules, the construction, maintenance, protecting, flushing, cleansing and control of drains, ventilation-shafts or pipes, cess-pools, water-closets, privies, latrines, urinals, washing places, drainage works of every description, whether belonging to the Corporation or other persons, municipal water-works, private communication pipes, private streets and public streets;
(2) regulating all matters and things connected with the supply and use of water;
(3) regulating the maintenance, supervision and use of public and private cart-stands and the levy of fees for the
It shall be the duty of the Commissioner from time to time to lay before the Corporation for its consideration a draft of any by-law which he shall think necessary or desirable for the furtherance of any purpose of this Act.
No by-law shall be made by the Corporation, unless--
(a) a notice of the intention of the Corporation to take such by-law into consideration shall have been given in the Official Gazette and in the local newspapers at least six weeks before the date on which the Corporation finally considers such by-law;
(b) a printed copy of such by-law shall have been kept at the chief municipal office and made available for public inspection free of charge by any person desiring to peruse the same at any reasonable time for at least one month from the date of the notice given under clause (a) ;
(c) printed copies of such by-law shall have been delivered to any person requiring the same on payment of such fee for each copy as shall be fixed by the Commissioner;
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No by-law made under section 458 shall have any validity unless and until it is confirmed by the1[State] Government.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
462. Bye-laws confirmed by1[State] Government to be published in the Official-Gazette
When any by-law has been confirmed by the1[State] Government it shall be published in the Official Gazette, and thereupon shall have the force of law.
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1. This word was substituted for the word "Provincial by the Adaptation of Laws Order, 1950.
(1) The Commissioner shall cause all by-laws from time to time in force to be printed, and shall cause printed copies thereof to be delivered to any person requiring the same, on payment of such fee for each copy as he may fix.
(2) Printed copies of the by-laws for the time being in force shall be kept for public inspection in some part of the municipal office to which the general public has access and in such places of public resort, markets slaughter-houses and other works or places affected thereby, as the Commissioner thinks fit, and the said copies shall from time to time be renewed by the Commissioner.
(3) In regard to by-laws relating exclusively to the operations of the Transport Undertaking the provisions of this section shall apply as if for the word "Commissioner" the words "Transport Manager" had been substituted and as if
464.1[State] Government may modify or repeal bye-laws
(1) If it shall at any time appear to the1[State] Government that any by-law should be modified or repealed either wholly on in part, it shall cause its reasons for such opinion to be communicated to the Corporation and prescribe a reasonable period within which the Corporation may make any representatioa with regard thereto which it shall think fit.
(2) After receipt and consideration of any such representation or, if in the meantime no such representation is received, after the expiry of the prescribed period, the1[State] Government may at any time by notification in the Official Gazette, modify or repeal such by-law either wholly or in part.
(3) The modification or repeal of a by-law under sub-section (2) shall take effect from such date
(1) The Standing Committee shall from time to time frame regulations not inconsistent with this Act and the rules but in consonance with any resolution that may be passed by the Corporation--
(a) prescribing the qualifications required for appointments to posts in municipal service other than those specified in sub-clause (a) of clause (3) of section 457;
(b) fixing the amount and the nature of the security to be furnished by any municipal officer or servant from whom it may be deemed expedient to require security;
(c) regulating the grant of leave to municipal officers and servants;
(d) authorizing the payment of allowances to the said officers and servants, or to certain of them, whilst absent on leave;
(1) The Commissioner may make standing orders consistent with the provisions of this Act and the rules and by-laws in respect of the following matters, namely:--
(A)(a) prescribing nakas for the collection of octroi and tolls;
(b) regulating the mode and manner in which octroi and tolls shall be collected;
(c) determining how octroi shall be calculated when no reliable evidence is available of the value of the goods imported;
(d) regulating the stamping, sealing or otherwise marking of imported goods;
(e) prescribing the manner in which refunds of octroi shall be claimed or made and the conditions under which agents shall be recognised for obtaining refunds of octroi.
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A printed copy of the standing orders shall be affixed in a conspicuous place in the municipal office and a printed copy of the table of stallages, rents and fees, if any, in force in any market, slaughter-house or stock-yard under sections 332 and 333 shall be affixed in some conspicuous spot in the market-building, market-place, slaughter-house or stock-yard.
In making rules under section 454 or by-laws, regulations or standing orders, the1[State] Government, the Corporation, the Standing Committee, or the Commissioner, as the case may be, may provide that for any breach thereof the offender shall on conviction--
(a) be punished with fine which may extend to five hundred rupees, and in the case of a continuing breach with fine which may extend to twenty rupees for every day during which the breach continues, after conviction for the first breach,
(b) be punished with fine which may extend to twenty rupees for every day during which the breach continues, after receipt of written notice from the Commissioner or any municipal officer duly authorised in that behalf to discontinue the breach,
(c) in addition to the imposition of such fine, be required t
Whenever it is provided by or under this Act that public notice shall or may be given of anything, such public notice shall, in the absence of special provision to the contrary, be in writing under the signature of the Commissioner or of a municipal officer empowered under section 69 to give the same, and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum, or by advertisement in the-local newspapers, or by any two or more of these means and by any other means that the Commissioner shall think fit.
Whenever it is provided by or under this Act that notice shall be given by advertisement in the local newspapers, or that a notification or any information shall be published in the local newspapers, such notice, notification or information shall be inserted, if practicable, in at least two news papers in such language or languages as the Corporation may from time to time specify in this behalf published or circulating in the City.
(1) Whenever under this Act or any rule; by-law, regulation or standing order, the doing or the omitting to do. anything or the validity of anything depends upon the consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction of--
(a) the Corporation, the Standing Committee, the Transport Committee or any other Committee;
(b) the Commissioner or the Transport Manager or any municipal officer, a written document signed as provided in sub-section (2) purporting to convey or set forth such consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction shall be sufficient evidence of such consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction.
(2) The written document referred to in sub-section
Notices, bills, schedules, summonses and other such documents required by this Act or by any rule, regulation or by-law to be served upon or issued, or presented or given to any person, shall be served, issued, presented or given by municipal officers or servants or by other persons authorised by the Commissioner in this behalf.
When any notice, bill, schedule, summons or Other such document is required by this Act, or by any rule, regulation or by-law to be served upon or issued or presented to any person such service, issue or presentation shall, except in the cases otherwise expressly provided for in section 474, be effected--
(a) by giving or tendering to such person the said notice, bill, schedule, summons or other document; or
(b) if such person is not found, by leaving the said notice, bill, schedule, summons or other documents at his last known place of abode in the City, or by giving or tendering the same to some adult member or servant of his family, or by leaving the same at his usual place of business, if any, or by giving or tendering the same to some adult employee, if any, of his at such place; or
(c
When any notice, bill, schedule, summons, or other such document is required by this Act, or by any rule, regulation or by-law, to be served upon or issued or presented to the owner or occupier of any building or land, it shall not be necessary to name the owner or occupier therein, and the service, issue, or presentation thereof shall be effected, not in accordance with the provisions of the last preceding section, but as follows, namely :-
(a) by giving or tendering the said notice, bill, schedule, summons or other document to the owner or occupier, or if there be more than one owner or occupier, to any one of the owners or occupiers of such building or land; or ,
(b) if the owner or occupier or no one of the owners or occupiers is found, by giving or tendering the said notice, bill, schedule, summons or other document to some adult
Nothing in sections 472, 473 and 474 applies to any summons issued under this Act by a Magistrate.
(1) Every licence, written; permission, notice, bill,, schedule, summons or other document required by this Act or by any rule, regulation or by-law to bear the signature of the Commissioner or of any municipal officer shall be deemed to be properly signed if it bears a facsimile of the signature of the Commissioner or of such municipal officer, as the case may be, stamped thereupon.
(2) Nothing in this section shall be deemed to apply to a cheque drawn upon the Municipal Fund or upon the Transport Fund under any of the provisions of this Act, or to any deed of contract.
(1) The Commissioner may, in order to facilitate the service, issue, presentation, or giving of any notice, bill, schedule, summons or other such document upon or to any person by written notice require the owner or occupier of any premises, or of any portion thereof to state in writing, within such period as the Commissioner may specify in the notice, the nature of his interest therein and the name and address of any other person having an interest therein, whether as free holder, mortgagee, lessee or otherwise, so far as such name and address is known to him.
(2) Any person required by the Commissioner in pursuance of sub-section (1) to give the Commissioner any information shall be bound to comply with the same and to give true information to the best of his knowledge and belief.
Unauthorised works
(1) If any work or thing requiring the written permission of the Commissioner under any provision of this Act or any rule, regulation or by law is done by any person without obtaining such written permission or if such written permission is subsequently suspended or revoked for any reason by the Commissioner, such work or thing shall be deemed to be unauthorised, and, subject to any other provision of this Act, the Commissioner may at any time, by written notice, require that the same shall be removed, pulled down, or undone, as the case may be, by the person so carrying out or doing. If the person, carrying out such work or doing such thing is not the owner at the time of such notice then the owner at the time of giving such notice shall be liable for carrying out the requisitions of the Commissioner.
(2) If within th
(1) Subject to the provisions of this Act and of the rules, by-laws, regulations and standing orders, when any requisition or order is made Under any provision of this Act or of any rule, by-law, regulation or standing order by written notice by the Commissioner, or by any municipal officer duly empowered in this behalf, a reasonable period shall be prescribed in such notice for carrying such requisition or order into effect, and if, within the period so prescribed, such requisition or order or any portion of such requisition or order is not complied with, the Commissioner may take such measures or cause such work to be executed or such thing to be done as shall, in his opinion, be necessary forgiving due effect to the requisition or order so made; and unless it is in this Act otherwise expressly provided, the expenses thereof shall be paid by the person or by any one of the persons to whom such requisition or order was addre
On the written request of any person who is required under any of the provisions of this Act or of any rule, regulation or by-law to supply any materials or fittings, the Commissioner may, on such person's behalf, supply the necessary materials or fittings, or cause the necessary work to be done:
Provided that, where the provisions of section 441 or 442 will not apply, a deposit shall first of all be made by the said person of a sum which will, in the opinion of the Commissioner, suffice to cover the cost of the said materials, fittings and work.
Legal Proceedings
(1) The Commissioner may--
(a) take, or withdraw from proceedings against any person who is charged with--
(i) any offence against this Act or any rule, regulation or by-law;
(ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act;
(iii) committing any nuisance whatever;
(b) compound any offence against this Act or any rule, regulation or bylaw which under the law for the time being in force may legally be compounded;
(c) defend any election petition brought under section 16;
(1) The Commissioner and the Transport Manager and every councillor and every member of the Transport Committee who is not a councillor and every municipal officer or servant appointed under this Act, and every contractor or agent for the collection of any municipal tax and every servant or other person employed by any such contractor or agent shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
(2) For the purposes of sub-section (1) the words "government" in the definition of "legal remuneration" in section 161 of the Indian Penal Code shall be deemed to include the Corporation.
(1) The District Magistrate and the District Superintendent of Police having jurisdiction in the City shall, as far as may be, co-operate by themselves and through their subordinates, with the Commissioner for carrying into effect and enforcing the provisions of this Act and for the maintenance of good order in the City.
(2) It shall be the duty of every police officer in the City to communicate without delay to the proper municipal officer any information which he receives of a design to commit or of the commission of any offence against this Act or against any rule, regulation or by-law and to assist the Commissioner or any municipal officer or servant reasonably demanding his aid for the lawful exercise of any power vesting in the Commissioner or in such municipal officer or servant under this Act.
For purpose of the recovery of any amount due on account of rent from any person to a Corporation in respect of any land vested in or otherwise held by such Corporation, the Corporation shall be deemed to be a superior holder and every such person an inferior holder of such land, within the meaning of sections 86 and 87 of the Bombay Land Revenue Code, 1879, and the Corporation as superior holder shall be entitled, for the recovery of every such amount, to all the assistance to which under the said sections a superior holder is entitled for the recovery of rent or land revenue payable to him by an inferior holder.
(1) Any informality, clerical error, omission or other defect in any assessment made or in any distress levied or attachment made or in any notice, bill, schedule, summons or other documents issued under this Act, or under any rule, regulation, by-law or standing order may at any time, as far as possible, be rectified.
(2) No such informality, clerical error, omission or other defect shall be deemed to render the assessment, distress, attachment, notice, bill, schedule, summons or other document invalid or illegal if the provisions of this Act and of the rules, regulations, by-laws and standing orders have in substance and effect been complied with, but any person who sustains any special damage by reason of any such informality, clerical error, omission or other defect shall be entitled to recover compensation for the same by suit in a Court of competent jurisdiction.
Section 485 of the Gujarat Provincial Municipal Corporations Act, 1949, addresses issues related to informalities, clerical errors, omissions, or defects in assessments, distress levies, attachments, notices, bills, or other related proceedings within municipal administration. It aims to provide a mechanism for correcting minor procedural mistakes without invalidating the entire process.
Section 485(1) states that any informality, clerical error, omission, or defect in assessments, distress levies, attachments, notices, bills, or other proceedings shall not be deemed to invalidate such actions. The section emphasizes that minor procedural errors should not hinder the validity of municipal administrative actions.
The scope covers minor procedural mistakes in assessments and related notices or actions taken by municipal authorities. It does not address substantive errors or deliberate irregularities. The section ensures that administrative efficiency is maintained by allowing corrections without nullifying the entire process.
The section itself does not prescribe specific punishments. Instead, it provides a safeguard against invalidation due to procedural errors. Penalties or punishments for offences related to assessments or notices are typically covered under other provisions or sections, such as Section 485(2), which deals with second and subsequent offences.
Note: This commentary synthesizes available information from the provided sources, focusing on the procedural and remedial aspects of Section 485, without delving into unrelated legal provisions or case law beyond the scope of the section.
No suit, prosecution or other legal proceeding shall lie in respect of anything in good faith done or purported or intended to be done under this Act against any councillor or against any member of the Transport Committee who is not a councillor or against the Commissioner, the Transport Manager or any municipal officer or servant or against any person acting under and in accordance with the directions of the, Corporation, any committee constituted under this Act, the Commissioner, the Transport Manager, any municipal officer or servant or of a Magistrate.
(1) No suit shall be instituted against the Corporation or against the Commissioner, or the Transport Manager, or against any municipal officer or servant, in respect of any act done or purported to be done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act :--
(a) Until the expiration of one month next after notice in writing has been, in the case of the Corporation, left at the chief municipal office and, in the case of the Commissioner or of the Transport Manager or of a municipal officer or servant delivered to him or left at his office or place of abode, stating with, reasonable particularity the cause of action and the name and place of abode of the intending plaintiff and of his attorney, advocate, pleader or agent, if any, for the purpose of such suit, nor
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Notwithstanding the provisions of sections 48, 65, 66 and 67 of the Bom bay Land Revenue Code, 1879--
(1) the use of any land for any purpose to which it may lawfully be put under the provisions of this Act shall not be prohibited in exercise of the powers conferred by or under the said Code;
(2) it shall be sufficient for any occupant of land assessed or held for the purpose of agriculture to show to the satisfaction of the Collector that he has complied with all the requirements of this Act and of the rules, regulations and by-laws to entitle such occupant to permission under section 65 of the said Code subject to the condition of the payment of altered assessment and fine, if any, for the use of his holding or part thereof for any purpose unconnected with agriculture.
(1) No person who receives the rent of any premises in any capacity described in paragraph (i), (ii) or (iii) of sub-clause (a) of clause (45) of section 2 shall be liable to do anything which is by this Act required to be done by the owner, unless he has or, but for his own improper act or default, might have had sufficient funds of or due to the owner to pay for the same.
(2) The burden of proving the facts entitling any person to relief under sub-section (1) shall rest on such person.
(3) When any person has secured relief under sub-section (1) the Commissioner may, by written notice, require such person to apply to the discharge of any obligation which he would, but for such relief, be bound to discharge, the first moneys which shall come to his hand on behalf of or for the use of the owner, and any person who fails to comply with
1[The Gujarat Municipalities Act, 1963 and the Gujarat Panchayats Act, 1961] shall cease to apply, except as hereinafter provided, to any area included in the City.
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1. These words and figures were substituted for the words and figure "The Bombay District Municipal Act, 1901, the Bombay Municipal Boroughs Act, 1925 and the Bombay Village Panchayats -Act, 1933" by Guj. 3 of 1973, section 3.
The enactments specified in the second column of Appendix III shall be amended to the extent specified in the third column thereof.
The Gujarat Provincial Municipal Corporations Act, 1949 (later renamed from the Bombay Provincial Municipal Corporations Act), serves as the primary statute governing municipal administration in the state. Section 491 specifically deals with the "Amendment of certain enactments." This provision is a mechanism designed to align older, superseded local laws with the new statutory framework established by the 1949 Act upon its commencement, ensuring legal continuity and preventing conflicts between old and new municipal statutes during the transition period.
Section 491 stipulates that various specific enactments listed in the second column of Appendix III attached to the Act shall be amended to the extent specified in the third column of Appendix III. Unlike a general provision allowing the state government to amend laws at will, this section acts as a specific legislative instruction to modify certain legacy statutes automatically or upon the coming into force of the 1949 Act, effectively deleting provisions that are inconsistent with the new corporate structure or repealing obsolete powers formerly held by municipal bodies under the old laws. It functions as a transitional clause to merge the administrative mandates of the shifting legislative regime.
To invoke the effect of Section 491 regarding an amendment, the following elements must be present:1. Existence of Appendix III: There must be a valid Appendix III attached to the Act listing specific enactments and the manner of their amendment.2. Specific Identification: The older enactment must be explicitly named in the second column of Appendix III.3. Prescribed Amendment: The specific change or omission required by the new law must be detailed in the third column of Appendix III.4. Legislative Intent: The provision is triggered by the enactment of the 1949 Act, which takes precedence over the earlier laws listed.5. Transitional Nature: The section applies primarily to the immediate transition period where two legal frameworks (the old Act and the new Act) overlap.
The scope of Section 491 is limited to the specific enactments listed in Appendix III. It does not grant a blanket power to amend any law but is restricted to the lists provided in the Schedule/Appendix. This ensures that the amendment of these specific local laws is done with legislative certainty rather than through executive discretion. As noted in the context of enacted laws, this section helps in the absorption of areas into newer municipal limits or the alteration of duties of local bodies where the old law is inconsistent with the new corporate powers, such as when a municipality is converted into a municipal corporation. It also relates to the deletion of sections that were no longer relevant after the conversion of local authorities from Municipalities to Corporations.
There is no specific punishment prescribed under Section 491 itself, as it is a procedural/amending provision. However, violations or non-compliance with the result of such amendments (i.e., operating under the old powers after they have been amended or repealed by Section 491) would attract penalties under other sections of the Act, such as Section 392 (General Penalty) or specific sections regarding unauthorized acts. Any act done in pursuance of a repealed law (which was amended deleted by Section 491) may be invalid, though past liabilities might be saved under transitory provisions like Section 493.
Based on the analysis of legal precedents and statutory provisions provided in the sources, the following points summarize the judicial interpretation and legal landscape surrounding the Act's application to amendments, powers, and liabilities:
Repeal [Deleted by the Gujrat Adaptation of Laws Order, 1960.]
The provisions of Appendix IV shall apply to the constitution of the Corporation and other matter specified therein.
APPENDIX I
1[(See section 284N)]
provisions of the land acquisition act, 1894, regulating the acquisition of land for improvement purposes
Part I--Preliminary, except clauses (e) and (f) of section 3.
Part II--Acquisition, except sub-section (1) of section 4, section 6 and subsection (2) of section 17.
Part III--Reference to Court and Procedure thereon, except sub-section. (2) of section 23 and clauses (6) and (7) of section 24.
Part IV--Apportionment of compensation. Part V--Payment.
Part VI--Temporary occupation of land. Part VIII--Miscellaneous.
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(See Section 392)
table of penalties
Part I
Sections, Sub -sections and Clauses Fine which may be imposed
309(2), 311 ( e), 311 (f), 311(g). Ten rupees.
197 (2), 295, 334 (2), 373 (1), 374, 375, 376 (6). Twenty rupees.
172, 196 (2) proviso, 208, 227 (3), 228, 233(1), 236 (2), 238 (2), 240, 246, 297, 330(1), 333, 377(1), 381, 384, 385, 386 (5). Fifty rupees.
60, 108 (2), 145 (2), 163, 164, 165,1[166A,] 168(1) (b), 169(b), 174, 184; 186, 187 (1), 187 (2), 199, 200,212 (2), 223, 227 (3), 229 (1), 230 (1), 232, 239 (1), 241 (1), 243 (1), 244 (1), 244 (3), 248 (1), 251, 265 (4), 266, 298 (5), 308, 318, 319, 326, 335 (1),
(See section 491)
ENACTMENXS AMENDED
Number and year. Short Title. Amendments.
Bom. 1 of 1915 The Bombay Town Planning Act, 1915. In sub-section (1) of section 4, sub-section (2) of section 10, sub-section (1) of section 27, sub-section (3) of section 44 and sub-section (3) of section 45, for the words "the City of Bombay2 the words "any area for which a municipal corporation is constituted under any enactment" shall be susbstituted.
Bom. V of 1925 The Bombay Prevention of Adulteration Act, 1925. 1. In clause (c) of section 2, for the words "the City of Bombay" the words "any area for which a municipal corporation in constituted under any enactment " shall be substituted.
2. In sub-section (1) of
APPENDIX IV
TRANSITORY PROVISIONS
(see Section 493)
Part I General
1. Construction of references in other enactmen
1 [(a)] References in any enactment other than the 2 [Gujarat Local Fund Audit Act (Guj. 49 of 1963), 1963, the Gujarat Municipalities Act (Guj. 34 of 1964), 1963 and the law corresponding to any of the said Acts which may have been in force before the coming into force of any of the said Acts ], in force on the date immediately preceding the appointed day in a City or in any rule, order, or notification, made or issued thereunder and in force on such date in the said City to municipal districts, municipal boroughs, municipalities or borough municipalities constituted under the 3 [Gujarat Mun
THESCHEDULE 1 [A]
(Seesection 453)
CHAPTERI
ELECTIONRULES
MunicipalElection Roll
1.Preparation and revision of list of persons qualified to vote
(1)At least eight months before the term of office of the councillorselected at a general election is due to expire under section 6, the Commissionershall prepare and publish in accordance with sub-rule (8) a list of personsappearing to be entitled to be enrolled in the municipal election roll as votersof wards.
(2)The list of voters of wards shall be made in separate lists, called ward lists,one for each ward into which the City is devided containing the names of personsent
The Gujarat Provincial Municipal Corporations Act, 1949, serves as a foundational legal framework for the establishment and governance of municipal corporations in the state of Gujarat. Schedule 1 of this Act outlines the various provisions and regulations that govern the functioning of these municipal bodies.
Schedule 1 of the Gujarat Provincial Municipal Corporations Act, 1949, details the powers, functions, and responsibilities of municipal corporations, including the structure of governance, financial management, and the scope of municipal authority.
The scope of Schedule 1 encompasses:- Governance structure of municipal corporations.- Regulatory framework for municipal operations.- Provisions for public health, sanitation, and urban planning.
While Schedule 1 primarily focuses on the governance and operational aspects of municipal corporations, related sections of the Act may prescribe penalties for non-compliance with municipal regulations, including fines and imprisonment for specific offenses.
1[SCHEDULE B
Validity and date of operation of certain orders
1. So soon as may be after a compulsory acquisition order or a clearance order has been confirmed by the State Government, the Commissioner shall publish simultaneously in the Official Gazette and in three or more newspapers circulating within the City, a notice stating that the order has been confirmed, and naming a place where a copy of the order as confirmed and of the plan referred to therein may be seen at all reasonable hours.
2. Any person aggrieved by such an order as aforesaid, or by the State Government's approval of a re-development plan or of a new plan may, within six weeks after the publication of notice of confirmation of the order, or of the approval of the plan, prefer an appeal in the City of Ahmedabad to a Judge o
SCHEDULE C
Compulsory acquisition orders
1. A compulsory acquisition order shall describe by reference to a plan the land to which it applies.
2. Before submitting the order to the State Government, the Commissioner shall--
(a) publish simultaneously in the Official Gazette and in three or more newspapers circulating within the City, a notice stating the fact of such an order having been made and describing the area comprised therein and naming a place where a copy of the order and of the plan referred to therein may be seen at all reasonable hours; and
(b) serve on every person whose name appears in the Commissioner's assessment book as primarily liable for the payment of, the property taxes leviable
SCHEDULE D
(See section 284-0)
Constitution and powers of compensation Tribunal
1. Constitution of Tribunal
(1) The Tribunal shall consist of a President and two assessors.
(2) The President of the Tribunal shall be such Judge of a Court as may, after consultation with the High Court, be selected by the State Government.
(3) The assessors shall be appointed by the State Government.
(4) Each assessor of the Tribunal shall receive such remuneration as the State Government may determine. The remuneration shall be paid by the Corporation to the President of the Tribunal for distribution.
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