GUJARAT MUNICIPALITIES ACT, 1963
(1) This Act may be called the Gujarat Municipalities Act, 1963.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into fore on such date as the State Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,--
(1) "annual letting value" means the annual rent for which any building or land, exclusive of furniture or machinery contained or situate therein or thereon might reasonably be expected to let from year to year, and shall include all payments made or agreed to be made by a tenant to the owner of the building or land on account of occupation, taxes under any law for the time being in force, insurance or other charges incidental to his tenancy;
(2) "building" includes any hut, shed or other enclosure, whether used as a human dwelling or for any other purpose, and shall also include walls including compound walls and fencing, verandahs, fixed platforms, plinths, doorsteps and the like;
(3) "cattle" means and includes bulls, bullocks, heifers,
For the purposes of this Act, in Gujarati--
(a) a municipality shall be known as a Nagar-palika, and
(b) a municipal borough shall be known as a Nagar,
and nothing in this Act shall affect the use of the aforesaid Gujarati equivalent in the English language.
For the purposes of this Act, in Gujarati--
(a) a municipality shall be known as a Nagar-palika, and
(b) a municipal borough shall be known as a Nagar,
and nothing in this Act shall affect the use of the aforesaid Gujarati equivalent in the English language.
(1)Subject to the provisions of sub-section (2)--
(a) the State Government may, by notification in the Official Gazette, with effect from a date to be specified therein, declare any local area to be a municipal borough;
(b) in the case of an existing municipal borough, the State Government may, after consulting the municipality (if already constituted), by notification in the Official Gazette, with effect from the date specified therein alter the extentand limits of any municipal borough.
(2) (a) Not less than three months before the publication of a notification under sub-section (1)the State Government shall cause to be published in the Official Gazette and in at least one of the local newspapers (if any) and to be posted up in conspicuous places in the local area or, as the case may be, mun
1[4A. Special provision for declaration of nagar as municipal borough
(1) Notwithstanding anything contained in section 4 of this Act and section 9 of Gujarat Panchayats Act, 1961, (Guj. VI of 1962.) the area comprised in every nagar in the State, in which the population on the date of the commencement of the , Gujarat Panchayats and Municipalities Laws (Amendment) Act, 1980 (Guj. 20 of 1980.) is 25,000 or above shall with effect on and from that date be a municipal borough.
(2) Notwithstanding anything contained in section 4 of this Act and section 9 of the Gujarat Panchayats Act, 1961 (Guj. VI of 1962.) after making such inquiries as may be prescribed by rules made by it and after consulting the nagar panchayat, the State Government may, by notification in the Official Gazette, declare the areas comprised in a nagar and specified in th
1[4A. Special provision for declaration of nagar as municipal borough
(1) Notwithstanding anything contained in section 4 of this Act and section 9 of Gujarat Panchayats Act, 1961, (Guj. VI of 1962.) the area comprised in every nagar in the State, in which the population on the date of the commencement of the , Gujarat Panchayats and Municipalities Laws (Amendment) Act, 1980 (Guj. 20 of 1980.) is 25,000 or above shall with effect on and from that date be a municipal borough.
(2) Notwithstanding anything contained in section 4 of this Act and section 9 of the Gujarat Panchayats Act, 1961 (Guj. VI of 1962.) after making such inquiries as may be prescribed by rules made by it and after consulting the nagar panchayat, the State Government may, by notification in the Official Gazette, declare the areas comprised in a nagar and specified in th
In every municipal borough there shall be a municipality, and every such municipality shall be a body corporate by the name of "the............Municipality" and shall have perpetual succession and a common seal, and may sue and be sued in its corporate name through its chief officer.
(1) Every municipality shall consist of elected councillors,
(2) The number of such councillors shall be--
(a) 25, if the population of the municipal borough does not exceed 50000,
(b) 35, if the population of the municipal borough exceeds50000 but does not exceed 100000,
(c) 40, if the population of the municipal borough exceeds 100000 but does not exceed 200000, and
(d) 51, if the population of the municipal borough exceeds 200000.
(3) Out of the total number of seats of councillors in a municipality there shall be reserved seats for women, Scheduled Castes and Scheduled Tribes as follows, namely:---
(a) for women,
(1) Every municipality shall consist of elected councillors,
(2) The number of such councillors shall be--
(a) 25, if the population of the municipal borough does not exceed 50000,
(b) 35, if the population of the municipal borough exceeds50000 but does not exceed 100000,
(c) 40, if the population of the municipal borough exceeds 100000 but does not exceed 200000, and
(d) 51, if the population of the municipal borough exceeds 200000.
(3) Out of the total number of seats of councillors in a municipality there shall be reserved seats for women, Scheduled Castes and Scheduled Tribes as follows, namely:---
(a) for women,
1[7AA. Definitions
In these provisions relating to election of councillors, unless the context otherwise requires-
(a) "Assembly" means the Gujarat Legislative Assembly;
(b) "Central law" means the Representation of the People Act, 1950; (43 of 1950.)
(c) "qualifying date" means the 1st day of January of the year in which the list of rotors for the purposes of the general election of councillors for reconstituting a municipality is prepared under section 9A or as the case may be, is revised under the proviso to section 9F.]
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1. Section 7AA was inserted by Guj. 15 of 1978, Section 3.
(1)1 [For the purpose of first election] of councillors each municipal borough shall be divided into wards and the number of wards and the number of members to be elected from each ward shall be such as the State Government may, 2 [ * * * * * ] by order determine.
3 [(1A) (a) In the case where such election is held immediately after-
(i) the census is taken under the Census Act, 1948 XXXVII of 1948.) and the relevant figures of which are notified by the State Government in the Official Gazette, or
(ii) the limits of the municipal borough of a municipality are altered the State Government shall, and
(b) in any other case where on account of a natural calamity or such other reason the State Government thinks it fit to do so, it may,-
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(1)Save as otherwise provided in this Act, councillors elected or nominated at a general election under this Act, shall hold office for a term of 41[five years] :
Provided that the State Government may from time to time by an order notified in the Official Gazette and containing the reasons for so doing extend the said term to a term not exceeding2[seven years in the aggregate in a case where the term is proposed to be extended on account of conditions or circumstances created as a result of famine flood, fire, earthquake or other natural calamity and in any other case, six years in the aggregate].:
Provided further that before any such order is made the State Government shall in vile and consider objections thereto, from the voters entitled to vote at the municipal election in the municipal borough concerned.
1[9. List o voters for every ward
For every ward, there shall be a list of voters, which shall be prepared and maintained by such officer as may be designated by the Collector in this behalf in respect of a municipal borough (hereinafter referred to as "the designated officer"), in accordance with the provisions of sections 9A to 9E.
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1. Section 9 to 9J were substituted for section 9 by Guj, 15 of 1978, Section, 5.
At any time not later than two months before the expiry of the term of office of the councillors of a municipality under section 8, and in the case of a municipality which is to be established or reestablished under the provisions of this Act otherwise than on the expiry of the term of office of its councillors under section 8, at any such time as the State Government may, by order published in the Official Gazette, direct, the designated officer shall, for the purpose of the general election of members for establishing, or as the case may be, re-establishing such municipality, prepare a list of voters for every ward in respect of such municipality as determined under section 7 and in force at the time when such list is prepared.
Subject to the provisions of sections 9A to 9B every person who is not [ less than eighteen years of age on the qualifying date and who would be entitled to be registered as a voter in the electoral roll for a constituency for the purpose of elections to the Assembly under Part III of the Central law if under the said law persons less than twenty- one years of age on the qualifying date had been entitled to be so registered shall be entitled to be registered as a voter in the list of voters for any ward to be prepared under section 9A.
(1) The list of voters for any ward to be prepared and maintained under the foregoing provisions shall consist of two parts as follows:
(A) Part I of the list shall contain the names of all voters included in the electoral roll of the Assembly prepared under the provisions of the Central law for the time being in force for such part of the constituency of the Assembly as is included in the relevant ward, subject to any amendments, deletions or additions of names under sub-section (2) or the inclusion of any name under sub-section (4) made therein;
(B) Part II of the list shall contain the names of all persons, other than the voters whose names are included, or are eligible for being included, in Part I of the list, who are not less than eighteen years of age on the qualifying date and who would be entitled to be registered as voters in t
No person shall be entitled to have his name included in the list of voters for more than one ward.
No person shall be entitled to have his name included in the Hat of voters for any ward more than once.
The list of voters for any ward which has been published and has come into operation under subjection (7) of section 90 shall, subject to any revision made under the proviso to this section, remain in operation until a new list of voters for that ward is prepared, published and comes into operation:
Provided that the Collector may, for reasons to be recorded in writing, direct that such list for any ward may be revised in the prescribed manner by reference to the qualifying date, before any bye-election to fill a casual vacancy in a seat allotted to that ward.
Every municipality shall make available to the designated officer such staff as he may require for the performance of any duties in connection with the preparation and revision of a list of voters for a ward in respect of than municipality.
No civil court shall have jurisdiction--
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to have his name included in a list of voters, or
(b) to question the legality of any action taken by or under the authority of the designated officer or of any decision given by any other authority appointed under this Act for the revision of any such list.
If any person makes in connection with --
(a) the preparation, revision, or correction of a list of voters, or
(b) the inclusion or exclusion of any entry in or from a list of voters,
a statement or declaration in writing which is false and which he either knows or believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one year, or with fine or with osment
(1) If the designated officer or any other person required by or under this Act to perform any official duty is connection with the preparation, revision or correction of a list of voters or the inclusion or exclusion of any entry in or from that list is without reasonable cause, guilty of any act or omission involving breach of such official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal proceeding shall lie against any such officer or mother person for damages in respect of any such act or omission as aforesaid.
(3) No court shall take cognizance of any offence punishable under sub-section (1) except on a complaint made by order of, or under authority from, the State Government or the Chief Electoral Officer of the State of Gujarat.]
(1) Every person whose name is in the list of voters referred to in section 9 shall, unless disqualified under this Act or any other law for the time being in force, be qualified to vote, and every person whose name is not in such list shall not be qualified to vote, at the election of a member for the ward to which such list pertains.
(2) Every person whose name is in the list of voters shall, unless dis-qualified under this Act or any other law for the time being in force, be qualified to be elected, and every person whose name is not in such list shall not be qualified to be elected, at the election for any ward of the municipal borough.
(3)Subject to any disqualification incurred by a person, the list of voters shall be conclusive evidence for the purpose of determining under this section whether the person is qualified or is not qua
(1) No person may be a councillor--
(a) Who--
Vacation of seat.
(i) has, whether before or after the commencement of this Act, been convicted by a court in India--
Decision of State Government in case of sisputes.
1[(a) of an offence under1[the Untouchability (Offences) Act, 1955, (XXII of 1955.)] or under the Bombay Prohibition Act, 1949 (Bom. XXV of 1949.); or
(b) of any other offence and sentenced to imprisonment for not less than six months,
unless a period of four years or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction and where he was sentenced to i
No person shall vote at any municipal election under this Act, if he--
(a) is of unsound mind and stands so declared by a competent court, or
(b) is not a citizen of India or has voluntarily acquired the citizenship of a foreign State or is under acknowledgement of allegiance or adherence to a foreign State.
(1) No person shall vote at any election in more than one ward and if a person votes in more than one ward, his vote in all such wards shall be void.
(2) No person shall at any election vote in the same ward more than once, notwithstanding that his name may have been entered in the list of voters for that ward more than once, and if he does so vote, all his votes in that ward shall be void.
(3) The ward in which a person votes for the first time after his name is entered in the list of voters shall be the ward in which he shall be entitled to vote at any subsequent election unless before such election his name has been deleted from the list of voters for that ward.
(1) If the validity of any election of a councillor is brought in question by any person qualified to vote at the election to which such question refers or by any candidate for such election such person may, at any time within fifteen days after the date of the declaration of the result of the election, apply to the District Court of the district within which the election has been or should have been held, for the determination of such question.
(2) An inquiry shall thereupon be held by a Judge, not below the grade of an Assistant Judge appointed by the State Government either specially for the case or for such cases generally; and such Judge may, after such inquiry as he deems necessary and subject to the provisions of sub-section (5), pass an order confirming or amending the declared result of the election , or setting the election aside for the purposes of the said inquiry the s
Any person who has been convicted of an offence under section 171-E or 171-F 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 five years from the date of such conviction or disqualification from voting at any municipal election in any municipal borough.
Any person who has been convicted of an offence under section 171-E or 171-F 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 five years from the date of such conviction or disqualification from voting at any municipal election in any municipal borough.
(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of ninety meters of the polling station, namely :--
(a) canvassing for votes ; or
(b) soliciting the vote of any voter ; or
(c) persuading any voter not to vote for any particular candidate; or
(d) persuading any voter not to vote at tie election ; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may ext
(1) No person shall, on the date or dates on which a poll is taken at any polling station,--
(a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof,
as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty, at the polling station.
(2) Any person who contravenes, or wilfully aids or abets the contravention of the pr
(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding Officer, he shall, on conviction, he punished with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.
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(1) Every officer, clerk, agent or other person who performs any dut in connection with the recording or counting of votes at an election under this Act shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes provisions of sub-section (1) shall on conviction, be punished with imprisonment for the term which may extend to three months or with fine which may extend to five hundred rupees or with both.
(1) No person who is a Returning Officer or a presiding or polling officer at an election under this Act or an officer or clerk appointed by the Returning Officer or the presiding officer to perform any duty in connection with an election under this Act, shall, in the conduct or the management of the election, do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid and no member of a police force shall endeavour,--
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election, or
(c) to influence the voting of any person at an election in any manner.
(3) A
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to one thousand rupees.
(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are the returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the maintenance of list of voters, the receipt of nominations or withdrawals of candidatures or the recording or counting of votes at an election under this Act and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwis
(1) Any person who at any election under this Act fraudulently takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets in doing of any such act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer :
Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
(1) A person shall be guilty of an offence if at any election under this Act he,--
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys, or removes any list, notice or other document affixed by or under the authority of a returning officer; or
(c) fraudulently defaces or fraudulently destroys any ballet paper or the official mark on any ballot paper; or
(d) without due authority supplies any ballot paper to any person; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in ; or
(f) without due authority destroys, takes, opens or otherwise
No court shall take cognizance of any offence punishable under section 20 or under section 21 or under clause (a) of sub-section (2) of section 23 unless there is a complaint made by an order or under authority of the Collector.
No court shall take cognizance of any offence punishable under section 20 or under section 21 or under clause (a) of sub-section (2) of section 23 unless there is a complaint made by an order or under authority of the Collector.
(1) If on a request made by the president of a municipality in that behalf or on its or his own motion it appears to the State Government or an officer authorised by the State Government (hereinafter referred to as the requisitioning authority), that in connection with an election under this Act,--
(a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to, or from, any polling station or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for the performance of any duties in connection with such election,
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(1) Whenever in pursuance of section 25 the requisitioning authority requisitions any premises the municipality shall pay to the person interested compensation the amount of which shall be determined by taking into consideration the following, namely:--
(i) the rent payable in respect of the premises or if no rent is payable, the rent payable for similar premises, in the locality;
(ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change :
Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within the time prescribed by rules made by the State Government
The requisitioning authority may with a view to requisitioning any property under section 25 or determining the compensation payable under section 26, by order require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 25 may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in, public reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.
(1) When any premises requisitioned under section 25 are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned or if there were no such person, to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned under section 25 is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other per
If any person contravenes any order made under section 25 or section 27 he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.
If any person contravenes any order made under section 25 or section 27 he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.
A municipality shall be presided over by a president who shall be elected by the councillors from among themselves in the manner prescribed by rules made by the State Government. There shall be a vice-president similarly elected for each municipality.
(I) After a general election to a municipality, the Collector shall call the first general meeting of the municipality for the determination of the term of office of the president and the vice-president of the municipality and for the election of the president and vice-president. Such meeting shall be called within twenty five days from the date on which the names of the councillors of the municipality were published in the Official Gazette under section 6.
(2) The meeting called under sub-section (1) shall be presided over by the Collector or such officer as the Collector may by order in writing appoint in this behalf. The procedure of the meeting shall be as prescribed by rules made by the State Government and the Collector or such officer shall have such powers as may be prescribed by the said rules but shall not have the right to vote.
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(1) Save as otherwise provided in this Act, a president or vice-president shall hold his office for such term as the municipality shall, previous to his election determine, not being less than two years or the residue of the term of office of the municipality, whichever be less, and not exceeding1[five years] and he shall be eligible for re-election :
Provided that the term of office of such president or vice-president shall be deemed to extend to and expire with the date on which his successor is elected.
(2) If during his term of office under sub-section (1), the president or vice-president ceases to be a councillor he shall vacate the office held by him.
(3) Where the term of office of a municipality is extended under the first proviso to sub-section (1) of section 8, the president and the
(1)1[On the appointment of an officer under sub-section (4) of section 33, or as the case may be, on the election of a new president or vice-president'] it shall be the duty of the retiring president or, as the case may be vice-president to hand over to him charge of his office and deliver to him the record and property belonging to the municipality and in his custody.
(2) The provisions of sub-section (1) shall apply mutatis mutandis in the matter of handing over charge of office by a president, vice-president or councillor, who ceases to hold office for any reason not covered by subsection (1).
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1. These words, brackets and figures were substituted for the words "On the section of a new president or vice-president", ibid., Section 12.
(1) A president may resign his office by tendering his resignation in writing to the Collector. Such resignation shall take effect on the date on which it is accepted by the Collector or on the expiry of thirty days from the, date of tendering the resignation, whichever event occurs earlier.
(2) A vice-president may resign his office by tendering his resignation in writing to the municipality. Such resignation shall take effect on the date on which it is accepted by the municipality or on the expiry of thirty days from the date of tendering the resignation whichever event occurs earlier.
(3) Any other councillor may resign his office by tendering his resignation in writing to the president. Such resignation shall take effect on the date on which it is received by the president.
(4) The date on
(1) Any councillor of a municipality who intends to move a motion of no confidence against its president or vice-president may give a notice thereof, in such form as may be prescribed by the State Government, to the municipality. If the notice is supported by not less than one third of the total number of the then councillors of the municipality, the motion may be moved.
(2) If the motion is carried by a majority of not less than two-thirds of the total number of the then councillors of the municipality, the president or, as the case may be, the vice-president shall cease to hold office after a period of three days from the date on which the motion is carried unless he has earlier resigned; and thereupon the office held by him shall be declared to be vacant.
(3) Notwithstanding anything contained in this Act or the rules made hereunder,
(1) The State Government may remove from office-
(a) any councillor of a municipality, 1 [on its own motion or on receipt of] a recommendation of the municipality in that behalf supported by a majority of the total number of the then councillors of the municipality, or
(b) any president or vice-president of a municipality,
if, after giving the councillor, president or as the may be, vice-president an opportunity of being heard and giving due notice in that behalf to the municipality and after making such inquiry as it deems necessary, the State Government is of the opinion that the councillor, president or as the case may be, vice-president has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct or has become incapable of performing his duties under this Act.
1[37A. Resignation not to affect subsequent disqualification of a councillor
Notwithstanding that a councillor has resigned his office under section 35, if it appears to the State Government that the councillor during the period he held office as a councillor has been guilty of misconduct in the discharge of his duties or of any disgraceful conduct, the State Government may disqualify him from becoming a councillor or a councillor or member of any other local authority for a period of five years from the date of its order :
Provided that no action against the councillor so resigned shall be taken under this section after the expiry of one year from the date of his resignation and without giving him a reasonable opportunity of being heard.]
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(1) If any councillor during the term for which he has been elected or nominated-
(a) becomes subject to any disqualification specified in section 11, or
(b) acts as a councillor in any matter-
(i) in which he has directly or indirectly, by himself or his partner, any such share or interest as is described in clause (i), (ii), (iii), (v) or (vii) of subsection (3) of section 11, whatever may be the value of such share or interest, or
(ii) in which he is professionally interested on behalf of a principal or other person, or
(c) is professionally interested or engaged in any case for or against the municipality, or
(d) departs beyond the limits of the State with
(1) Any Councilor who during his term of office-
(a) absents himself for more than three consecutive months from the municipal borough unless leave not exceeding four months so to absent himself has been granted by the municipality, or
(b) absents himself for four consecutive months from the meetings of the municipality without the leave of the municipality,
shall cease to be a councillor and his office shall be vacant.
(2) In every case, the authority competent to decide whether a vacancy has or has not occurred under this section shall be the Collector. The Collector may give his decision either on an application made to him by any person or on his own motion after giving the councillor a reasonable opportunity of being heard.
(1) The State Government or any officer authorised by it, may suspend from office a president or vice-president against whom any criminal proceedings in respect of any offence alleged to have been committed by him under the Prevention of Corruption. Act, 1947 (2 of 1947.) or the Bombay Prohibition Act, 1949 (Bom. XXV of 1949.) or while acting or purporting to act in the discharge of his duties under this Act have been instituted or who has been detained in a prison during trial under the provisions of any law for the time being in force.
(2) Should a president or vice-president be suspended under sub-section (1) a councillor shall be elected to perform all the duties and exercise all the powers of a president or, as the case may be, vice-president during the period for which such suspension continues.
(3) An appeal shall lie to the State
Any person disabled under section 38 from continuing us a councillor shall be eligible for re-election on his disability ceasing.
(1) When any vacancy occurs due to failure to elect the full number of councillors at a general election or due to the non-acceptance of office by a person elected to be a councillor, or due to an election set aside under provisions of sub-section (2) of section 14, or any vacancy of a president, vice-president or councillor occurs due to any reason the Chief Officer of the municipality and in the absence of the Chief Officer, such officer as the Collector may, by general or special order, designate for the purpose shall within fifteen days from the date on which the vacancy occurs give a notice thereof to the Collector.
(2) On receipt of a notice under sub-section (1) the Collector shall--
(a) in the case of the vacancy of a councillor arrange for holding an election in the manner prescribed by rules made by the State Government within
No act or proceedings of the municipality or of any Committee constituted under this Act shall be questioned on account of any vacancy in its body.
No act or proceedings of the municipality or of any Committee constituted under this Act shall be questioned on account of any vacancy in its body.
(1) Except as in this Act otherwise expressly provided, the municipal Government of a municipal borough vests in the municipality.
Executive power vests in the Chief Officer.
(2) The executive power for the purpose of carrying out the provisions of this Act vests in the Chief Officer appointed under section 47, subject, where-ever it is in this Act expressly so directed, to the approval or sanction of the municipality or of the executive committee and subject also to all other restrictions, limitations and conditions imposed by this Act and the rules made there under.
It shall be the duty of the president of a municipality-
(a) to preside, unless prevented by reasonable cause, at all meetings of the municipality, and subject to the provisions of the rules for the time being in force under clause (a) of section 271 to regulate the conduct of business at such meetings;
(b) to watch over the financial and executive administration of the municipality and to perform such executive functions as may be allotted to him by or under this Act;
(c) to exercise supervision and control over the acts and proceedings of all officers and servants of the municipality in matters of executive administration and in matters concerning the accounts and records of the municipality; and, subject to the rules of the municipality for the time being in force, and for reasons to be rec
It shall be the duty of the vice-president of a municipality-
(a) in the absence of the president and unless prevented by reasonable cause, to preside at the meetings of the municipality and he shall when so presiding exercise the same authority as is vested in the president under clause (a) of section 45 ;
(b) to exercise such of the powers and perform such of the duties of the president as the president may from time to time depute to him; and
(c) pending the election of a president, or during the absence of the president, to exercise the powers and perform the duties of the president.
It shall be the duty of the vice-president of a municipality-
(a) in the absence of the president and unless prevented by reasonable cause, to preside at the meetings of the municipality and he shall when so presiding exercise the same authority as is vested in the president under clause (a) of section 45 ;
(b) to exercise such of the powers and perform such of the duties of the president as the president may from time to time depute to him; and
(c) pending the election of a president, or during the absence of the president, to exercise the powers and perform the duties of the president.
(1) For every municipality there shall be a chief officer appointed by the municipality.
(2) Save as otherwise provided in sub-section (3) the person to be appointed as a chief officer shall be a graduate of a recognised University or a qualified engineer or a person who holds a diploma in Local Self Government of an institute recognised by the State Government and has experience of municipal administrative work for not less than seven years.
(3) A person not possessing any of the qualifications specified in sub-section (2) may with the previous sanction of the State Government be appointed as a chief officer, if --
(a) such appointment is temporary, or
(b) the annual income of the municipal borough is loss than two lacs of rupees :
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No chief officer or officer appointed under sub-section (4) or (5) of section 47 shall be removable from office, reduced in rank or suspended except by a resolution passed by a majority of at least two thirds of the 1otal number of the then councillors and shall not be punishable with fine.
(1) The chief officer shall --
(a) subject to the general control of the president, watch over, the financial and executive administration of the municipality and perform all the duties and exercise all the powers specifically imposed or conferred upon him by, or delegated to him under, this Act ;
(b) subject to the provisions of -sub-section (4), exercise supervision and control over the acts and proceedings of all officers and servants of the municipality. regard appointments referred in clause (c) in matters of exercise administration and in matters concerning the accounts and records of the municipality; subject further to the rules of the municipality for the time being in force, dispose of all questions relating to the service of the officer and servants and their pay, privileges, leave and allowances ;
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(1) Notwithstanding anything contained in sections 47 and 48 it shall be lawful for the State Government on the recommendation of any municipality supported by a resolution passed by a majority of the councillors present at a special general meeting called for the purpose to make in its discretion an order of discontinuance in office of the chief officer, or an officer appointed under sub-section (4) or (5) of section 47 :
Provided that--
(a) notwithstanding anything contained in clause (7) of section 51, no resolution shall be passed by such meeting unless a quorum shall have been present throughout; and
(b) no order shall be made under this section unless an inquiry has been made into the matter by such officer and in such manner as the State Government may direct and unless the officer agai
1[50A. Provident Fund to be deposited in Government Treasury.--
(1) Where the municipality 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 applicab
The following provisions shall be observed with respect to the meetings of a municipality :-
(1) There shall be held four ordinary general meetings in each year for the disposal of general business, in the months of January, April, July and October, respectively, and such other ordinary general meetings as the president may find necessary. It shall be the duty of the president to fix the dates for all ordinary general meetings.
(2) The president may, whenever he thinks fit, and shall, upon the written request of not less than one-thirty of the councillors the cage of a motion of no confidence against the president or vice-president and one-fourth of the councillors in any other case and on a day not later than fifteen days after the presentation of such request, call a special general meeting. If the president fails to call a special gen
The chief officer shall be present at every meeting of the municipality, and may with the permission of the president or of the municipality make an explanation or a statement of facts in regard to any subject under discussion at such meeting, but shall not vote upon or ma any proposition at such meeting.
The chief officer shall be present at every meeting of the municipality, and may with the permission of the president or of the municipality make an explanation or a statement of facts in regard to any subject under discussion at such meeting, but shall not vote upon or ma any proposition at such meeting.
(1) In every municipality there shall be a committee called the Executive Committee consisting of such number of councillors not being more than twelve nor less than six, as the municipality may determine and elected by the municipality in accordance with rules framed under clause (a) of section 271. The members so elected shall hold office for a period of one year.
Powers of Executive Committee.
(2) The Executive Committee shall exercise the functions allotted to it under this Act and subject to any limitations prescribed by the municipality especially in this behalf or generally by rules made under clause (a) of section 271 and to the provisions of sections 49, 54 and 55 shall exercise all the powers of the municipality.
(1) In every municipality notified by the State Government in this behalf there shall be a committee called the Pilgrim Committee consisting of four councillors of whom one shall be the President of the municipality and the other three shall be elected in accordance with rules made under clause (a) of section 271 and of two persons appointed by the State Government, both of whom may be salaried servants of the Government.
(2) The members of the Pilgrim Committee shall hold office for the duration of the municipality and thereafter up to the date on which the new Pilgrim Committee is constituted in accordance with the provisions of this section.
(3) In the case of supersession of the municipality or of the Pilgrim Committee, a new Pilgrim Committee shall be constituted by the 1 [Director] Such Committee shall consist of six persons nomina
(1) Notwithstanding anything contained in sub-section (2) of section 53 other committees consisting of such number of councillors as the municipality may decide, may be appointed to exercise the powers and perform the duties of the municipality in respect of any purpose not being, where a Pilgrim Committee is appointed powers or duties referred to in section 54. The executive committee shall not exercise any powers or perform any duties which such Committee has been appointed to exercise or perform.
(2) The members of such committees shall be elected by the municipality in accordance with the rules framed under clause (a) of section 271 and such members shall hold office for a period of one year.
A municipality may from time to time appoint such other committees consisting of such councillors as it thinks fit, and may refer to such committees for enquiry and report or for opinion such special subjects relating to the purposes of this Act as the municipality shall think fit, and may at any time discontinue or alter the constitution of any such Committee. The municipality may direct that the report of any such committee shall be made to the executive committee, or to a committee appointed under section 55 instead of to the municipality.
Notwithstanding anything contained in this Act, it shall be lawful for a municipality from time to time by a resolution supported by not less than one half of the whole number of councillors, to elect as members of any committee appointed under section 56 any person of either sex, who is not a councillor but who in the opinion of such municipality possesses special qualifications for serving on such committee or who represents any authority or interests :
Provided that the number of persons so elected on any Committee shall not exceed one-third of the total number of the members of such Committee.
All the provisions of this Act relating to the duties, powers, liabilities, disqualifications and disabilities of councillors shall be applicable so far as may be to such persons.
A vacancy occurring in an Executive Committee or in a committee appointed under section 55 shall, as soon as possible, and a vacancy occurring in any other committee may, be filled up by the election of a member thereto subject to the same provisions as those under which the member whose place is to be filled up was elected. A person elected under this section shall hold office so long only as the person in whose place he is elected would have held it if the vacancy had not occurred. No person shall be ineligible at any time for election as a member of any such committee on the ground that he has previously been a member of that committee.
(1) The president or vice-president, if elected a member of any committee, shall be ex-officio chairman thereof:
Provided that in the case of a Pilgrim Committee the President shall be ex-officio Chairman thereof.
(2) A municipality may appoint a Chairman for a Committee of which there is no ex-officio chairman.
(3) A committee of which there is an ex-officio Chairman or a chairman appointed by the municipality, shall, at each meeting which such chairman does not attend appoint from its members a chairman for such meeting.
(4) A committee, of which there is no ex-officio chairman or chairman appointed by the municipality, shall appoint from time to time a chairman from the members of such committee.
(1) The provision of clauses (4), (9) and (14) of section 51 shall be complied with in all proceedings of committees as if meetings of committees were included in all references to meetings, of municipality contained in those provisions, and as if for the word "municipality" where it occurs in clause (9) of section 51 and the proviso to sub-clause (c) of clause (14) thereof, there was substituted the word "committee".
If the chairman of any committee has been absent from the municipal borough for a period exceeding fifteen days, the president or vice-president may, in his absence, call a meeting thereof.
Meeting and adjournment of committees
(2) A committee may meet and adjourn as it thinks proper; but the chairman of a committee may whenever he thinks fit, and shall, upon the written request
(1) Notwithstanding anything contained in section 60, the chairman of a committee may, instead of convening a meeting, circulate a written proposition of his own or of any other member of the committee or of any executive officer of the municipality for the observations and votes of the members of the committee.
Propositions when to ve swnt to Government of Panchayat officers for remarks.
(2) Previous to circulating any such proposition as aforesaid, the chairman may, if he thinks fit, and if the business to which it relates is of the nature described in clause (13) of section 51, shall obtain thereupon the remarks, if any, which any officer of the Government or of a panchayat whose, presence the municipality would be entitled to require under the provisions of sub-clause (b) of clause (14) of section 51, desires to record.
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(1) A committee shall conform to any instructions that may from time to time be given to it by the municipality; the municipality may at any time call for any extract from any proceedings of any committee and for any return, statement, account or report in connection with any matter with which any committee has been authorized or directed to deal; every such requisition, shall, without unreasonable delay, be complied with by the committee so called upon.
(2) Every order passed by an executive committee other than orders under sub-section (3) of section 108, shall be subject to such revision and open to such appeal as may be required or allowed in respect thereof by any rules of the municipality for the time being in force under section 271.
Any powers or duties or executive functions which may be exercised or performed by or on behalf of the municipality may be delegated in accordance with rules to be made by the municipality in this behalf, to the president or to the vice-president or to the chairman of a committee, or to one or more stipendiary or honorary officers, but without prejudice to any powers that may have been conferred on the chief officer by this Act or on any committee, by or under section 53, and each person, who exercises any power or performs any duty or function so delegated, may be paid all expenses necessarily incurred by him therein.
(3) Joint transactions with other bodies.
(1) A municipality may from time to time-
(a) join with any other municipality, cantonment authority, panchayat or committee appointed for a notified area or with any combination of such municipalities, authorities, panchayats or committees.
(i) in appointing out of their respective bodies a joint committee for any purpose in which they are jointly interested, and in appointing a chairman of such committee; and
(ii) 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
(iii) in framing and modifying rules f
(3) Joint transactions with other bodies.
(1) A municipality may from time to time-
(a) join with any other municipality, cantonment authority, panchayat or committee appointed for a notified area or with any combination of such municipalities, authorities, panchayats or committees.
(i) in appointing out of their respective bodies a joint committee for any purpose in which they are jointly interested, and in appointing a chairman of such committee; and
(ii) 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
(iii) in framing and modifying rules f
(1) A municipality shall be competent, subject to the restriction contained in sub-section (2), to lease, sell or otherwise transfer any moveable or immovable property which may, for the purposes of this Act, have become vested in or been acquired by it; and so far as is not inconsistent with the provisions and purposes of this Act, to enter into and perform all such contracts as it may consider necessary or expedient in order to carry into effect the said provisions and purposes.
(2) In the case of every lease or sale of land under sub-section (1) of section 146 and of a lease of immovable property for a term exceeding ten years and of every sale or other transfer of such immovable property, the market value of which exceeds one lakh of rupees, the previous permission of the State Government is required :
1[Provided that in the case of
(1) Every contract entered into by a chief officer on behalf of a municipality shall be entered into in such manner and form as would bind such chief officer if such contract were on his own behalf, and may in the like manner and form be varied or discharged :
Provided that-
(a) where any such contract, if entered into by a chief officer, would require to be under seal, the same shall be sealed with the common seal of the municipality;
(b) every contract for the execution of any work for the supply of any materials or goods which will involve an expenditure exceeding one thousand rupees, shall be in writing and shall be sealed with the common seal of the municipality and shall specify the work to be done or the materials or goods to be supplied, as the case may be, the price to be paid for suc
(1) Except as is otherwise provided in sub-section (3), a chief officer shall, before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding five thousand rupees, give notice by advertisement in a newspaper, inviting tenders for such contract :
Provided that where the work or supply involves an expenditure exceeding twenty thousand rupees, the advertisement shall be published in such one or more daily newspapers as may be approved by the municipality :
Provided further that atleast clear seven days shall be allowed to elapse between the date of the publication of the advertisement in the newspaper inviting tenders and the last date fixed for the receipt of tenders by the chief officer.
(2) The chief officer s
Subject to the rules made by the municipality in this behalf, the chief officer shall require security for the due performance of every contract into which he enters under section 67 and may, in his discretion, require security for the due performance of any other contract into which he enters under this Act.
(5) Compulsory acquisition of land
When there is any hindrance to the permanent or temporary acquisition by a municipality upon payment of any land or building required for the purposes of this Act, the State Government may, after obtaining possession of the same for itself under the Land Acquisition Act, 1894, (I of 1984.) vest such land or building in the municipality on its paying the compensation awarded and on its repaying to the State Government all costs incurred by the State Government on account of the acquisition.
(5) Compulsory acquisition of land
When there is any hindrance to the permanent or temporary acquisition by a municipality upon payment of any land or building required for the purposes of this Act, the State Government may, after obtaining possession of the same for itself under the Land Acquisition Act, 1894, (I of 1984.) vest such land or building in the municipality on its paying the compensation awarded and on its repaying to the State Government all costs incurred by the State Government on account of the acquisition.
(1) Every councillor shall be personally liable for the misapplication of any fund to which he shall have been a party, or which shall have happened through or been facilitated by gross neglect of his duty as a councillor :
Provided that no councillor shall be personally liable in respect of any contract or agreement made, or for any expense incurred by, or on behalf of the municipality; the funds at the disposal of each municipality shall be liable for, and be charged with, all costs in respect of any contract or agreement and all such expenses.
(2) If after giving the councillor concerned a reasonable opportunity for showing cause to the contrary, an officer authorised by the State Government is satisfied that the councillor was party to the misapplication of any fund of the municipality or that the misapplication is a direct consequen
(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 a municipality, or in any employment with, under, by or on behalf of a municipality, other than as a municipal officer or servant, shall be disqualified for being an officer or servant of such municipality.
(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, under, by or on behalf of a municipality, as under clauses (i), (ii) and (iv) of sub-section (3) of section 11, it is permissible for a
(a) Any councillor who knowingly acquires directly or indirectly any share or interest in any contract or employment with, under, by or on behalf of a municipality of which he is a member, not being a share or interest such, as under section 11 it is permissible for a person to have without being thereby disqualified from becoming a councillor, and
(b) any municipal officer or servant who knowingly acquires directly or indirectly any share or interest in any contract, or, except in so far as concerns his own employment with, under, by or on behalf of a municipality of which he is an officer or servant, not being a share or interest such as under clauses (i) and (iv) of sub-section (3) of section 11 it is permissible for a person to have without being thereby disqualified from becoming a councillor, shall be liable, on conviction before a criminal court, to a fine which may extend t
(1) Every municipal councillor, officer or servant and every lessee of the levy of any municipal tax, and every servant or other person employed by any such lessee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. (XLV of 1860.)
(2) The word "Government" in the definition of "legal remuneration" in section 161 of that Code shall, for purposes of sub-section (1) of this section, be deemed to include a municipality.
(7) Validity of proceedings.
(1) No disqualification of or defect in the election or appointment of any person acting as councillor or as the President or presiding authority of a general meeting or as a chairman or member of a committee appointed under this Act shall be deemed to vitiate any act or proceeding of the municipality or of any such committee, as the case may be, in which such person has taken part, wherever the majority of persons, parties to such act or proceeding were entitled to act.
No resolution of a municipality or of any committee appointed under this Act shall be deemed invalid on account of any irregularity in the service of notice, upon any councillor or member, provided that the proceedings of the municipality or committee, were not prejudicially affected by such irregularity.
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Accounts of the receipts and expenditure of every municipality shall be kept in accordance with the Municipal Account Code subject to such modifications as the State Government may in each case direct.
(1) A municipality shall have prepared and laid before it, at its periodical general meetings, complete accounts of the receipts and expenditure of the municipality since the 1st day of April last preceding, and at a general meeting which shall be held on such day between the 10th January and the 15th of March as may be fired in this behalf by the rules of the municipality, a complete account of the actual and expected receipts and expenditure for the financial year ending on the 31st March next following, together with a budget estimate of the income and expenditure of the municipality for the financial year to commence on the 1st April next following.
(2) The municipality shall thereupon decide upon the appropriation and the ways and means contained in the budget of the year to commence on the 1st April next following. The budget so sanctioned may be varied or altere from time to
(1) Independently of the audit provided for under the provisions of the Gujarat Local Fund Audit Act, 1963 (Guj. XLIX of 1963.) the municipal accounts may be audited at intervals and by such agency as may be prescribed in the rules of the municipality.
(2) Notwithstanding anything contained in sub-section (1), the municipal accounts shall be audited at any time, if the State Government so directs.
(3) The auditor shall, for the purposes of his office, have access to all the accounts and other records of the municipality.
A municipality shall, as soon as the accounts of the past year have been prepared, transmit to the State Government or any officer duly authorized by it in this behalf, a copy thereof, or an account in such forms as the State Government may prescribe, and shall furnish such details and vouchers relating to the same as the State Government or such officer may from time to time direct.
The quarterly and annual accounts, receipts and expenditure, and the budget, when sanctioned, shall be open to public inspection, and shall be published in such manner as the municipality may prescribe in this behalf.
(1) A municipality may acquire and hold property both moveable and immovable, whether within or without the limits of the municipal borough.
(2) All property of the nature specified in the clauses to this section, not being specially reserved by the State Government, shall be vested in and belong to the municipality, and shall, together with all other property of whatever nature or kind, which may become vested in the municipality, be under its direction, management and control, and shall be held and applied by it as trustee, subject to the provisions and for the purposes of this Act :-
(a) All public town-walls, gates, markets, slaughter-houses manure and night soil depots.
(b) All public streams, tanks, reservoirs, cisterns, wells, springs, acque-ducts, conduits, tunnels, pipes, pumps and ot
(1) In any municipal borough to which a survey of other than lands ordinarily used for the purposes of agriculture, only has been or shall be extended under any law for the time being in force, where any person or right in or over any property is claimed by or on behalf of the municipality by any person as against the municipality, it shall be lawful for the Collector after formal enquiry, of which due notice has been given, to pass an order deciding the claim.
(2) Any suit instituted in any civil court after the expiration of one year from the date of any order passed by the Collector under sub-section (1), or, if one or more appeals have been made against such order within the period of limitation then from the date of any order passed by the final appellate authority, as deter-mined according to section 204 of the Land Revenue Code, shall dismissed (although limitation has not b
All moneys received by or on behalf of a municipality by virtue of this or any other Act; all taxes, fines and penalties paid to or levied by it under this Act other than fines imposed by any Court; all proceeds of land or other property sold by the municipality, and all rents accruing from its land or property; and all interest, profits and other moneys accruing by gift or transfer the Government or private individuals or otherwise, shall constitute the municipal fund; and shall be held and dealt with in a similar manner to the property specified in section 80.
Provided that --
Special trust
(a) nothing in this section or in section 75 shall in any way affect any obligation accepted by or imposed upon any municipality by any declarations of trust executed by or on behalf of such municipality
The municipal fund and all property vested in a municipality shall be applied for purposes of this Act within the limits of the municipal borough:
Provided always that it shall be lawful for the municipality with the sanction of the State Government or any officer duly authorised by it in this behalf,-
(a) to incur expenditure in the acquisition of land or in the construction, Maintenance, repair or purchase of works beyond the, said limits for the purpose of obtaining a supply of water required for the in habitants of the municipal borough or of providing the supply of electrical energy for the use of the inhabitants of the said borough, or of establishing slaughter houses or places for the disposal of night soil or sewage or carcasses of animals or for drainage works or for the purpose of providing mechanically propelled transport faci
(1) Notwithstanding anything contained in section 83 or any other provision of this Act, the State Government may, by general or special order authorise any municipality to, and thereupon such municipality may, extend to persons or properties beyond the municipal borough any service provided by the municipality within the said borough and specified in the order.
(2) No such extension shall be effected unless the municipality is satisfied that it will not render the service within the borough inadequate, and the, extension shall be on such terms and conditions as shall be prescribed by bye-laws made in this behalf.
(3) A municipality may with the previous sanction of the State Government incur expenditure on education or medical relief outside its jurisdiction if its finances permit.
(1) If for the purpose of taking immediate steps for protecting life andproperty in any area affected by an outbreak of fire, or epidemic disease or any othernatural calamity, the Collector or the mamlatdar is satisfied that it isnecessary to requisition any service, equipment or staff provided or maintainedby any municipaility within the municipal borough , the Collector or as the casemay be,the mamlatdar may by order in writing direct the municipality to supply to thearea such service, equipment and staff for such purpose and for such period asmay be specified the order and the municipality shall be bound to comply withthe direction.
(2)Where any direction is issued to a municipality under sub-section (1), the 'municipalityshall subject to the provisions of sub-section (3) be entitled to the costof supplying the service, equipment and staff in pursuance of the direction.
(1) Subject to the provisions of sub-sections (2)and (3) all moneys constituting the municipal fund received by or on behalf of a municipality shall be deposited in the Government treasury or such other place or security as may be prescribed by the rules of the municipality.
(2) A municipality may keep on hand cash upto such limit as may be prescribed by the rules of the municipality.
(3) It shall be lawful for a municipality to deposit with the State Bank of India or such other Bank as may hereafter be appointed to conduct the business of Government treasury it Ahmedabad or in any other scheduled bank or in any co-operative banker with the sanction of the State Government in any bank in the State of Gujarat any surplus funds in its hands which may not be required for current charges, and to invest such funds in public securities in the
It shall be the duty of every municipality to make reasonable and adequate provision for the following matters within the limits of the municipal borough, namely :-
A. In the sphere of public works-
(a) naming streets and numbering of premises;
(b) giving immediate relief to persons rendered destitute by such natural calamity as floods, fire or earthquake, within the municipal borough;
B. In the sphere of education-
establishing and maintaining primary schools;
C. In the sphere of public health and sanitation-
(a) regulating or abatting offensive or dangerous trades or practices;
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Every municipality shall, out of the municipal property and fund, make payments, at such, rates and subject to such conditions as the State Government from time to time by general or special order determines, for the maintenance and treatment in any institution which the State Government declares by notification to be suitable for such purpose either within or without the municipal borough, and for other necessary expenses, of persons undergoing anti-rabic treatment as indigent persons according to the rules applicable to such, institution:
Provided that the municipality shall not be liable under this section for the maintenance, treatment and other necessary expenses of any person undergoing anti-rabic treatment as an indigent person in any such institution as aforesaid, unless such person, previous to his admission thereto, has been resident in the municipal borough for atleast o
Every municipality shall also, out of the municipal property and fund, make payments at such rates as the State Government from time to time by general or special order prescribes, for the maintenance and treatment either in the municipal borough or at any asylum, hospital or house, whether within or without such borough, which the State Government declares by notification to be suitable for such purpose,-
(a) of 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
(b) of persons suffering from leprosy,
resident within, or under any enactment for the time being in force removed from, the borough:
Provided that the municipality shall not be liable under th
If any municipality supplies water through pipes, it shall take such steps, at such intervals, and on payment of such fees, as may be determined by a general or special order made by the State Government, to ascertain the condition of the water so supplied, by inspection and analysis at a laboratory approved by the State Government is that behalf :
Provided that the State Government may, by notification in the Official Gazette, exempt any municipality from the provisions of this section.
A municipality may, at its discretion, provide, either wholly or partly, out of the municipal property and fund for the following matters within the limits of municipal borough, namely :-
A. In the sphere of public works.
(a) giving relief to, and establishing and maintaining relief works in time of famine or scarcity for, destitute persons within the limits of the municipal borough;
(b) constructing, establishing or maintaining, public parks, gardens, libraries, museum, lunatic asylums, halls, offices, shops, markets dharma-shalas, rest-houses, places of entertainment and homes for the disabled-and destitute and other public buildings;
(c) the contribution, maintenance, management, organisation or purchase of telephone lines, or for guaranteeing th
Where a municipality has entered into any arrangement or made any promise purporting to bind it or its successors for a term of years or for an unlimited period, to continue to any educational or charitable institution a yearly contribution from the municipal property or fund, it shall be lawful for the municipality or its successors with the sanction of the State Government to cancel such arrangement or promise, or to discontinue, or to diminish such yearly contribution, provided that it shall have given at least twelve months notice of its intention so to do to the manager or managers of such institution,
Where a municipality has entered into any arrangement or made any promise purporting to bind it or its successors for a term of years or for an unlimited period, to continue to any educational or charitable institution a yearly contribution from the municipal property or fund, it shall be lawful for the municipality or its successors with the sanction of the State Government to cancel such arrangement or promise, or to discontinue, or to diminish such yearly contribution, provided that it shall have given at least twelve months notice of its intention so to do to the manager or managers of such institution,
The State Government may notwithstanding anything contained in the land Revenue Code, or any law relating to the collection of any cess for the time being in force in the State, by notification in the Official Gazette, entrust to every municipality all or any of the functions and duties of a village accountant or patel or other similar functions of any other person, by whatever name called, in relation to the collection of land revenue (including cesses) and dues recoverable as arrears of land revenue, which is levied and assessed by or under the land Revenue Code, or any law relating to the collection of any cess for the time being in force in the State, and all other functions and duties of a village accountant under that Code.
The municipality so entrusted under section 93 shall be responsible for the recovery and collection of the land revenue (including cesses) and other dues of the borough in accordance with the provisions of the Land Revenue Code and the rules, instructions and orders made or issued there under and the law relating to the collection of such cesses.
Where a municipality has been entrusted with the functions and duties relating to the collection of land re venue (including cesses)and other dues under section 93, the State Government shall by notification in the Official Gazette confer on such municipality subject to such conditions as may be specified in the notification all or any of the power of the Collector, for the realisation of land revenue and other dues recoverable as arrears of land revenue under the Land Revenue Code, and for the collection of cesses under the law relating thereto, and it shall b3 competent for the municipality so empowered to exercise all or any of the powers so conferred in this behalf.
Notwithstanding anything contained in the provisions hereinbefore the right of the State Government to collect 'land revenue and any cess, shall remain unaffected and if in the opinion of the State Government a municipality exceeds or abuses its powers under this Chapter or fails to exercise the same, or is incompetent to perform, or makes persistent default in the performance of, the duties imposed or persistently disobeys any of the orders of the Collector with regard to the exercise of any of the said powers, the State Government may after giving the municipality an opportunity to render an explanation, by order in the Official Gazette, withdraw all the powers conferred on the municipality under this Chapter and direct] its revenue officers to recover the land revenue or, as the case may be, the cesses.
On the withdrawal under section 96 of the powers conferred on a municipality, the Collector shall appoint an officer to take charge of the recovery of land revenue, or collection of cesses, in the municipal borough.
(B) Transfer of functions of State Government.
(1) Notwithstanding anything contained in any law for the time being in force, the State Government may, subject to such conditions as it may think fit to impose, transfer, by an order published in the Official Gazette, to a municipality any such functions and duties relating to Government under any enactment which the State Legislature is competent to enact, or otherwise in the executive power of the State, and appear to relate to matters arising within a municipal borough and to be of an administrative character and shall on such transfer allot to-the municipality such fund and personnel as may be necessary. to enable the municipality to discharge the functions and duties so transferred.
(2) Without prejudice, to the generality of the provisions of sub-section (1) the State Government may
(1) The State Government shall levy, on the condition 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 charge 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 Land Revenue Code, 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
(c) every sum which would have been assessable on any la
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.)
The cess described in section 98A shall be levied, so far as may be, in the same manner, and under the same provisions of law, as the land revenue:
Provided that in case of any land in the possession of a tenant, if such tenant is liable to pay the land revenue in respect of such land under the provisions of the Bombay Tenancy and Agricultural Land Act, 1948, (Bom. LXVII of 1948) or the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, (Bom. XCIX of 1958.) such tenants shall be primarily liable for the payment of cess in respect of such land.
The cess described in section 98B shall be levied, so far as may be, in the same manner, and under the same provisions of law, as water rates pay-able to the State Government under the Bombay Irrigation Act, 1879.(Bom. VII of 1879)
The local cess leviable on land revenue under section 98A and on water rate under section 98B in relation to any land shall be paid by the State Government to the municipality within the jurisdiction of which such lands are situated, after deducting such portion thereof as cost of collection, as the State Government may prescribe by rules.
On the application of the municipality to which the cess is payable, 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 municipality.]
On the application of the municipality to which the cess is payable, 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 municipality.]
(1) Subject to any general or special orders which the State Government may make in this behalf and to the provisions of sections 101 and 102, a municipality may impose for the purposes of this Act any of the following tax's, namely:-
(i) a tax on buildings on lands situate within the municipal borough to be based on the annual letting value or the capital value or a percentage of capital value of the buildings or lands or both;
(ii) a tax on all vehicles, boats or animals used for riding, draught or burden and kept for use within the said borough, whether they are actually kept within or outside the said borough :
Provided that where a motor vehicle is kept for use within the said borough as well as another municipal borough, it shall be liable to be taxed only by the municipality within, or
(1) The Government or the district panchayat or the taluka panchayat concerned shall pay to the municipality annually in lieu of tax on buildings from which the buildings vasting in Government or in district panchayats or taluka panchayats are exempted by clause (a) or (6) of the proviso to sub-section (1) or section 99, a sum ascertained in the manner provided in sub-sections (2) and (3).
(2) The rateable value of the buildings vesting in Government or district panchayat or taluka panchayat and beneficially occupied, in respect of which but for the said exemption a tax on such buildings would be leviable from the Government or district panchayat or taluka panchayats concerned, as the case may be shall be fixed by a person from time to time appointed in this behalf by the State Government The said value shall be fixed by the said person with a general regard to the previsions herei
A municipality before imposing a tax shall observe the following preliminary procedure :-
(a) It shall, by resolution passed at a general meeting, select for the purpose one or other of the taxes specified in section 99 and approve rules prepared for the purposes of clause (l) of section 271 prescribing the tax selected, and in such resolution and in such rules specify :-
(i) the classes of persons or of property or of both, which the municipality proposes to make liable, and any exemptions which it proposes to make;
(ii) the amount or rate at which the municipality proposes to assess each such class ;
(iii) in the case of a tax on buildings or lands or the both, the valuation on which such tax is to be imposed;
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The State Government may refuse to sanction the rules submitted under section 1.01, or may return them to the municipality for further consideration; or if no objection or no objection which is in its opinion sufficient, was made to the proposed tax within the period prescribed under section 101, may sanction the said rules without modification, or subject to such modifications not involving an increase in the amount to be imposed, as it deems fit.
"Rules sanctioned under section 103 with the modifications if any, subject to which the sanction is given shall be published by the municipality in the municipal borough, together with a notice reciting the sanction and the date and serial number thereof ; and the tax as prescribed by the rules so published shall, from a date which shall be specified in such notice and which shall not be less than one month from the date of publication of such notice, be imposed accordingly :
Provided that-
(a) a tax leviable by the year shall not come into force except on one of the following days, namely, the first day of April, the first day of July, the first day of October or the first day of January in any year; and if it comes into force on any day other than the first day of April, it shall be leviable by the quarter till the first day of April t
(1) The State Government may, by notification in the Official Gazette, empower any municipality to lavy any tax or to increase or reduce the amount or rate of any tax levied under section 99 within such maximum and minimum limits other as to the amount orthe rate as may be specified in such notification.
(2) Notwithstanding any resolution or rule under section 101 specifying the amount or rate at which such tax is leviable, any municipality empowered under sub-section (1) may, by a resolution passed at a general meeting decide to levy such tax or increase or reduce the amount or rate at which such tax is leviable.
(3) When a municipality has by a resolution passed under sub-section (2) decided to levy any tar or to increase or reduce the amount or rate at which any tar is leviable, the municipality shall publish in the municipal borough
(1) The State Government may, by notification in the Official Gazette, empower any municipality to lavy any tax or to increase or reduce the amount or rate of any tax levied under section 99 within such maximum and minimum limits other as to the amount orthe rate as may be specified in such notification.
(2) Notwithstanding any resolution or rule under section 101 specifying the amount or rate at which such tax is leviable, any municipality empowered under sub-section (1) may, by a resolution passed at a general meeting decide to levy such tax or increase or reduce the amount or rate at which such tax is leviable.
(3) When a municipality has by a resolution passed under sub-section (2) decided to levy any tar or to increase or reduce the amount or rate at which any tar is leviable, the municipality shall publish in the municipal borough
(1) When a tax on building or land or both is imposed, the chief officer shall cause an assessment lift of all buildings or lands or lands and buildings in the municipal borough to be prepared containing-
(a) the name of the street or division in which the property is situate;
(b) a description of the property sufficient for identification ;
(c) the names of the owner and occupier, if known ;
(d) the valuation based on the annual letting value or capital value or a percentage of capital value on which the property is assessed; and
(e) the amount of the tax assessed thereon.
(2) In assessing a tax on buildings or lands, where the valuation determined under claus
(1) When the name of the person primarily liable for the payment of a tax on building or land or both in respect of any premises cannot be ascertained it shall be sufficient to designate him in the assessment book, and in any notice which it may be necessary to serve upon the said person under this Act, "the holder", of such premises, without further description.
Occupier liable for tax on buildings or lands or both until he gives information.
(2) If, in any such case, any person in occupation of the premises shall refuse to give such information as may be requisite for determining who is primarily liable as aforesaid, such person shall himself be liable, until such information is obtained, for all taxes on buildings or lands or both leviable on the premises of which he is in occupation.
When the assessment list has been completed, the chief officer shall give public notice thereof and of the place where the list or a copy thereof may be inspected; and every person claiming to be either the owner or occupier of property included in the list, and any agent of such person, shall be at liberty to inspect the list and to make extracts there from without charge.
(1) The chief officer, shall at the time of the publication of the assessment list under section 107, give public notice of a date not less than one month after such publication, before which objection to the valuation or assessment in such list shall be made; and in all cases in which any property is for the first time assessed or the assessment is increased on account of a change in the valuation he shall also give notice thereof to the owner or occupier of the property if known, and if the owner or occupier of the property is not known he shall afftix the notice in a conspicuous position on the property.
Objections how to be made.
(2) Objections to the valuation and assessment of any property in such list shall, if the owner or occupier of such property desires to make an objection be made by such owner or occupier or any agent of suc
Notice of new buildings.
(1) The executive committee may at any time alter the assessment-list by inserting or altering an entry in respect of any property, such entry having been omitted from or erroneously made in the assessment-list through fraud, accident or mistake or in respect of any building constructed, altered, added to or reconstructed in whole or in part, where such construction, alteration, addition or reconstruction has been completed after the preparation of the assessment-list, after giving notice to any person interested in the alteration of the list of a date not less than one month from the date of service of such notice, before which any objection to the alteration should be made.
Objection how dealt with.
(2) An objection made by any person interested in any such alteratio
(1) When any building or any portion of a building which is liable to the payment of a tax on buildings or lands or both is demolished or removed, other-wise than by order of the executive committee, the person primarily liable for the payment of the said tax shall give notice thereof, in writing to the chief officer.
(2) Until such notice is given the person aforesaid shall continue to be liable to pay every such tax as he would have been liable to pay in respect of such building, if the same, or any portion thereof, had not been demolished or removed.
(3) Nothing in this section shall apply in respect of a building or portion of a building which has fallen down or been burnt down.
(1) It shall not be necessary to prepare a new assessment-list every year. Subject to the condition that the assessment-list shall be completely revised every four years, the chief officer may adopt the valuation and assessment contained in the list for any year, with such alteration as may be deemed necessary, for the year immediately following.
(2) But the provisions of sections 107, 108 and 109 shall be applicable every year as if a new assessment list had been completed at the commencement of the official year.
(1) Where in any year a new assessment-list is prepared or a list is revised or the valuation and assessment contained in the list for the year immediately preceding is adopted with or without alteration, such new revised or adopted assessment list shall be authenticated in the manner provided by section 108 at any time not later than the thirty-first day of July of the official year to which the list relates, and if it is not so authenticated, then the State Government, shall appoint such person or persons as it thinks fit1[to-prepare, revise or adopt and authenticate the assessment list and thereupon such person or persons shall duly prepare, revise or adopt, or as the case may be, authenticate] such list at any time before the last day of the official year to which such list relates, and sections 105 to 108 or section 111 shall, so far as may be necessary, apply to the preparation, revision or adoption of the list, as the
(1) Subject to the provisions of sub-sections (4) and (6) a tax imposed in the form of a tax on buildings or land or both shall be leviable primarily from the actual occupier of the property upon which the taxis assessed if he is the owner of the property, or holds it on a building or other lease from the Government or from the municipality, or on a building lease from any person, Otherwise the tax shall be primarily leviable as follows, namely-
(a) if the property is let, from the lessor;
(b) if the property is sublet, from the superior lessor;
(c) if the property is unlet, from the person in whom the right to let the same vests:
Provided that the tax due in respect of buildings vesting in the Government and occupied by the servants of the Governme
(1) Where any building or land which is assessed to a tax based on the annual letting value and payable by the year, or in respect of which a special sanitary cess is payable by the year or by installments, has remained vacant and unproductive of rent throughout the year or portion of the year for which the tax is leviable, or throughout the period in respect of which any such installment is payable, the executive committee shall remit or refund not more than one half of the amount of the tax, or of the cess or installment of the cess, as the case may be:
Provided that no such remission of refund shall be granted unless notice in writing of the fact of the building or land being vacant unproductive of rent has been given to the chief officer, and that no remission or refund shall take effect for any period previous to the day of the delivery of such notice.
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(1) Whenever the title of any person primarily liable for the payment of a tax on buildings or lands or both to or over such buildings or land or both is transferred, the person whose title is so transferred and the person to whom the same is transferred shall, within three months after execution of the instrument of transfer, or after its registration if it be registered, or after the transfer is effected, if no instrument be executed, give notice of such transfer in writing to the chief officer.
(2) In the event of the death of any person primarily, liable as aforesaid the person to whom the title of the deceased shall be transferred as heir or otherwise, shall give notice of such transfer to the chief officer within one year from the death of the deceased.
(3) If the person liable to give the notice referred to in sub-section (1) or s
(1) The notice to be given under section 115 shall be in the form so specified in Schedule II or Schedule III, as the case may be, and shall state clearly and correctly all the particulars required by the said form.
(2) On receipt of any such notice, the chief officer may, if he thinks it necessary, require the production of the instrument of transfer, if any, or a copy thereof, obtained under section 57 of the Indian Registration Act, 1908.(XVI of 1908)
(1) Every person primarily liable for the payment of a tax on building or land or both who transfers his title to or over such building or land or both without giving notice of such transfer to the chief officer as aforesaid shall, in addition to any other liability which he incurs through such neglect, continue to b liable for the payment of the said tax on the buildings or lands or both until he gives such notice, or until the transfer shall have been recorded by the executive committee.
(2) But nothing in this section shall be held to diminish the liability of the transferee for the said tax or to affect the prior claim of the municipality on the said building and land conferred by section 140, for the recovery of the tax on the buildings or land or both.
(3) Power to charge fees.
(1) When any licence is granted under this Act, or when permission is given there under for making any temporary erection or for putting up any projection, or for the temporary occupation of any public street or other land vested in the municipality, the authority granting or giving such licence or permission may charge a fee for the same :
Provided that when permission is given for putting up a projection, the authority giving such permission may charge every year a recurring fee until the projection is removed.
Levy of fees for unauthorised occupation or projection.
(2) The municipality may charge a higher fee by way of penalty for any erection, or projection, or for the use or occupation of any public street or other lan
(3) Power to charge fees.
(1) When any licence is granted under this Act, or when permission is given there under for making any temporary erection or for putting up any projection, or for the temporary occupation of any public street or other land vested in the municipality, the authority granting or giving such licence or permission may charge a fee for the same :
Provided that when permission is given for putting up a projection, the authority giving such permission may charge every year a recurring fee until the projection is removed.
Levy of fees for unauthorised occupation or projection.
(2) The municipality may charge a higher fee by way of penalty for any erection, or projection, or for the use or occupation of any public street or other lan
(1) A municipality may, instead of imposing a water-rate or where a water-rate has been imposed in individual cases, instead of levying a rate imposed in respect of the supply of water belonging to the municipality to or for use in connection with any private lands or buildings.
(a) fix at rates not exceeding such as shall be specified in the rules in force under section 271, charges for such supply according to the quantity used, as ascertained by measurement; or
(b) arrange with any person on his application to supply on payment, periodical or otherwise, water belonging to the municipality in such quantities, or for such purposes, whether domestic, ornamental, or irrigational or for trade, manufacture or any other purpose, on such terms and subject to such conditions as it shall fix by agreement with such person :
Where a tax is imposed under this Act on pilgrims reporting periodically to a shrine within the limits of a municipal borough, the Development Commissioner may require the municipality of such borough to assign and pay to the district panchayat or to the taluka panchayat having authority in the taluka in which such municipal borough is situate, or partly to the said district panchayat and partly to the said taluka panchayat, such portion of the total collections on account of such tax as he shall deem fit; and the portion so assigned shall be expended by the said panchayat or panchayats within the areas respectively, under their authority on works conducive to the health, convenience and safety of the said pilgrims.
Where a tax is imposed under this Act on pilgrims reporting periodically to a shrine within the limits of a municipal borough, the Development Commissioner may require the municipality of such borough to assign and pay to the district panchayat or to the taluka panchayat having authority in the taluka in which such municipal borough is situate, or partly to the said district panchayat and partly to the said taluka panchayat, such portion of the total collections on account of such tax as he shall deem fit; and the portion so assigned shall be expended by the said panchayat or panchayats within the areas respectively, under their authority on works conducive to the health, convenience and safety of the said pilgrims.
It shall be lawful for a municipality to adopt such effectual measures at the octroi limits of the municipal borough as may be necessary for preventing any person carrying any animal or goods, entry of which is liable to the payment of octroi, from passing to the municipal borough without payment of octroi :
Provided that in adopting any such effectual Treasures care shall be taken to see that least inconvenience is caused to the general traffic at the octroi limits.
A municipality when submitting for sanction a proposal for the imposition of octroi, shall submit therewith for sanction a draft of bye-laws for the purpose of clause (1) of sub-section (1) of section 275, after observing the requirements of sub-sections (3), (4) and (5) of that section.
(1) A person bringing into or receiving from beyond the octroi limits of a municipal borough any animal or goods on which octroi is payable shall, when required by an officer authorized in this behalf by the chief officer and so far as may be necessary for ascertaining the amount of tax chargeable,-
(a) permit that officer to inspect, examine, weigh and otherwise deal with such animal or goods ; and
(b) communicate to that officer any information and exhibit to him any bill, invoice or document of like nature, which he may possess relating to such animal or goods ;
(c) make a declaration in writing to that officer regarding the correctness and accuracy of the document shown to him.
Power to search where octroi is levialble.
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An officer demanding octroi by the authority of the municipality shall tender to every person introducing or receiving anything on which the tax is claimed, a bill specifying the animal or goods taxable, the amount claimed, and the rate at which the tax is calculated.
Where any animal or goods passing into a municipal borough are liable to the payment of octroi, any person who, with the intention of defrauding the municipality, causes or abets the introduction of or himself introduces or attempts to introduce within the octroi limits of the said borough any such animal or goods upon which payment of the octroi due on such introduction has neither been made nor tendered, or who fails to comply with any direction given by the officer referred to in section 124 with reference to the introduction of any animal or goods within the octroi limits, shall be punishable with fine which may extend to ton times the amount of such octroi or to fifty rupees, whichever may be greater.
A municipality imposing any toll under this Act, shall cause to be kept at each place where such toll is to be collected, a table in the Gujarati, and in the English language showing the amounts leviable in all cases provided for in the rules including the terms, if any, on which the liability to pay such tolls may be compounded by periodical payments; and it shall be the duty of every person authorized to demand payment of a toll, to show such table on the request of any person from whom such demand is made.
(1) In the cases of on-payment on demand of any octroi or of any toll leviable by a municipality, any person appointed to collect such octroi or toll may seize any anima1 org odson which octroi is chargeable or, any vehicle or animal on which the toll is chargeable or any part of the burden of such, vehicle or animal which is of sufficient value to satisfy the demand, and may detain the same. He shall thereupon give the person in possession of the vehicle, animal or thing seized, a list of the property together with a written notice in the form specified in Schedule VI.
Power to sell property seized at once.
(2) When any property seized is subject to speedy decay, or when the expanse of keeping it together with the amount of the octroi or toll chargeable is likely to exceed its value, the person seizing such property may inform the perso
The executive committee, if it thinks fit instead of requiring payment of octroi due from any person, mercantile firm or public body to be made at the time when the animals or goods in respect of which the octroi is leviable are introduced within the octroi limits of the municipal borough, may at any time direct that an account-current shall be kept on behalf of the municipality of the octroi so due from such person, firm or body. Such account shall be settled at intervals not exceeding three months, and such person, firm or public body shall give such information or details and make such deposit or furnish such security as the executive committee or any officer authorised by it in this behalf shall consider sufficient to cover the amount which may at any time be due from such person, firm or body in respect of such dues. Any amount so due at the expiry of any such interval shall for the purposes of Chapter IX, be deemed to be, and shall be recoverable in the same ma
Where any agreement such as is referred to in clause (b) of sub-section (1) of section 64 has been entered into such one of the bodies entering into the agreement as by the terms thereof shall be specified in this behalf, shall have the same power to establish such octroi limits and octroi stations as that body may deem necessary for the entire area in which the octroi is to be collected, and shall have the same power of collecting octroi on animals or goods or both brought within the limits so established, and the provisions of the Act under which that body is constituted relating to octroi shall apply in the same way as if the limits so established were wholly comprised within the area subject to the control of that body; and the collections made and the costs thereby incurred shall, subject to the provisions of section 61 be divided between the bodies entering into the agreement, in such proportions as shall have been determined in the agreement.
Where any agreement such as is referred to in clause (b) of sub-section (1) of section 64 has been entered into such one of the bodies entering into the agreement as by the terms thereof shall be specified in this behalf, shall have the same power to establish such octroi limits and octroi stations as that body may deem necessary for the entire area in which the octroi is to be collected, and shall have the same power of collecting octroi on animals or goods or both brought within the limits so established, and the provisions of the Act under which that body is constituted relating to octroi shall apply in the same way as if the limits so established were wholly comprised within the area subject to the control of that body; and the collections made and the costs thereby incurred shall, subject to the provisions of section 61 be divided between the bodies entering into the agreement, in such proportions as shall have been determined in the agreement.
(1) If it shall at any time appear to the State Government on complaint made or otherwise that any tax leviable by a municipality is unfair in its incidence or that the levy thereof or of any part thereof is obnoxious to the interest of the general public, it may by order require the municipality, within such period as the State Government shall fix in this behalf, to take measures for removing any objection winch appears to it to exist to the said tax; and if, within the period so fixed, such requirement shall not be carried into effect to the satisfaction of the State Government, it may, by notification in the Official Gazette, suspend the levy of such tax, or of such part thereof, until such time as the objection thereto shall be removed :
Provided that no such order or notification shall be made unless the municipality is given opportunity to show cause as to why such order or
Where it appears to the State Government that the balance of the municipal Fund or of a municipality is insufficient for meeting any expenditure incurred under section 259 or for the performance of any duties for the performance of which the State Government has directed the Development Commissioner to fix a period under section 262 the State Government may by notification require the municipality to impose, within the municipal borough, any tax specified in the notification which may be imposed under section 99 and which is not at the time imposed within the said borough or to enhance any existing tax in such manner or to such extent as the State Government considers fit; and the municipality shall forthwith proceed to impose or enhance, in accordance with the requisition, such tax under the provisions of this Chapter as if a resolution of the municipality had been passed for the purpose under section 101:
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(1) When any amount,-
(a) which by or under any provisions of this Act, is declared to be recoverable in the manner provided by this Chapter, or
(b) which, not being leviable under sub-section (1) of section 127 or payable on demand on account of an octroi or a toll, is claimable as an amount or installment on account of any other tax which now is imposed or hereafter may be imposed in any municipal borough, shall have become due, the chief officer shall, with the least practicable delay, cause to be presented to any person liable for the payment thereof a bill for the sum claimed as due.
Contents of bill
(2) Every such bill shall specify the period of which, and the "property, occupation or thing in respect of which the sum is claimed and shall als
(1) If the person on whom notice of demand has been served under sub-section (3) of section 132 does not within fifteen days from the service of such notice pay the sum demanded in the notice-
(i) such sum with all costs of the recovery may be levied under a warrant signed by the Chief Officer in consultation with the president in the form specified in Schedule V or to the like effect by distress and sale of the movable property or the attachment and sale of immovable property of the defaulter, and
(ii) whore the sum so demanded is on account of any tax levied in respect of water supply, sanitary service or any other service provided by the municipality under this Act, without prejudice to any other remedy for the recovery of the sum provided in this Act, it shall be lawful for the Chief Officer to discontinue the supply of water or the
(1) When the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody together with the amount to be levied is likely to exceed its value, the chief officer shall at once give notice to the person in whose possession the property was when distrained, to the effect that it will be sold at once; and shall sell it accordingly unless the amount named in the warrant be forthwith paid,
Sale of goods distrained or attached application of proceeds of sale.
(2) If not sold at once under sub-section (1), the property distrained or attached or in the case of immovable property a sufficient portion thereof may, unless the warrant is suspended by the Chief officer or the sum due by the defaulter together with all costs incidental to the notice, warrant, and distress or attachment and detention of the proper
Where the warrant is addressed outside the municipal borough the chief officer may by endorsement direct the officer or Registrar of the Court of Small Causes of Ahmedabad to whom the warrant is addressed, to sell the property distrained or attached; in such case it shall be lawful for such officer or Registrar to sell the property and to do all things incidental to the sale in accordance with the provisions of section 134, and to exercise the powers and perform the duties of the chief officer under sub-sections (7) and (2) of section 134 in respect of such sale except the power of suspending the warrant. Such officer or Registrar, alter deducting cost of recovery incurred by him, remit the amount recovered under the warrant to the chief officer by whom it was issued who shall dispose of the same in accordance with the provisions of section 134.
Fees for every notice issued under sub-section (3) of section 132, every warrant issued under sub-section (7) of section 133 or distress or attachment made under sub-section (4) of the said section, and the maintenance of any livestock seized under the said sub-section shall be chargeable at the rates respectively specified in that behalf in the rules of the municipality and shall be included in the costs of recovery to be levied under section 133.
(1) If the chief officer shall at any time have reason to believe that; any person from whom any sum recoverable under the provisions of this Chapter is due or is about to become due, is about to remove himself from the municipal borough, the chief officer may direct the immediate payment by such person of the sum so due or about to become duo by him and cause a bill for the same to be presented to him.
(2) If, on presentation of such bill, the said person does not forthwith pay the sum due or about to become due by him the amount shall be leviable by distress and sale of the moveable property or the attachment and sale of the immovable property of the defaulter in the manner hereinbefore prescribed, except that it shall not be necessary to serve upon the defaulter any notice of demand and the chief officer's warrant for distress and sale may be issued and executed without any dela
(1) Appeals against any claim included in a bill presented under sub-section (1) of section 132 may be made to any Judicial Magistrate or Bench of such Magistrates by whom under the direction of the Session Judge such class of cases is to be tried.
(2) No such appeal shall be entertained unless -
(a) the appeal is brought within fifteen days next after the presentation of the bill complained of; and
(b) in the case of a tax on buildings or land or both an application in,, writing stating the grounds on which the claim of the municipality is disputed, has been made to the executive committee within the time fixed in the notice given under section 108 or 109 of the assessment or alternation thereof, according to which the bill is prepared, and
(c) the
(1) Every entry in the assessment list made under the provisions of this Act against which no objections is made as hereinafter provided, and the amount of every sum claimed from any person under this Act on account of any tax, if no appeal there from is made as hereinafter provided, and, subject to the provisions of sub-section (3) of section 138 the decision of the Magistrate or Bench of Magistrates upon any appeal shall be final.
(2) Effect shall be given by the chief officer to every decision of the said Magistrate or Bench of Magistrates on any appeal or any decision in revision on such appeal against any such entry or tax.
All sums due on account of any tax imposed on lands or, buildings or both shall, subject to prior payment of land-revenue, if any, due to Government thereupon, be a first charges upon the buildings or land, in respect of which such tax is leviable and upon the moveable property, if any, found within or upon such buildings or land, and belonging to any person liable for such tax :
Provided that no arrears of any such tax shall be recovered from any occupier who is not the owner if such arrears have been due for more than one year or for a period during which such occupier was not in occupation.
For all sums paid on account of any tax under this Act, a receipt stating the amount, and the tax on account of which it has been paid shall, be tendered by the person receiving such payment.
Where any amount to referred in sub-section (1) of section 132 has become due and cannot be recovered under the foregoing provisions of this Chapter by reason of the person liable for the payment thereof being outside the State of Gujarat or his not having any or sufficient property in the State, and such person has property outside the State, then such amount shall be recoverable an an arrears of land revenue and the provision W of the Revenue Recovery Act, 1980 (1 of 1980,) shall apply to the recovery thereof.
A municipality shall, in respect of the cost of collection of land revenue (including cesses) and recoverable as arrears of land revenue under section 93 be entitled to rebate at such rate as the State Government may be general or special order determine and different rates may be determined for different municipalities.
1[(1) The State Government may, after considering the recommendations of the Gujarat Municipal Finance Board, determine whether for augmenting the finances of a municipality for any of the purposes of this Act it is necessary to make any grant to the municipality and if so, the amount thereof.
(2) The grant so determined shall be made to the municipality 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 municipalities.].
(3) Every grant under this section shall be made after due appropriation made by the State Legislature by law in this behalf.
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1. Sub-sections (1) and (2) were substituted by Guj
The payment of a grant to a municipality shall be subject to the condition that if there be any amount due from the municipality to the State Government, it shall be lawful for the State Government to recover the amount from the municipality by making the deduction from the amount of the grant payable to the municipality under sub-section (2) of section 144.
(1) It shall be lawful for a municipality to layout and make new public streets; to construct tunnels and other works subsidiary to public streets; to widen, open, enlarge or otherwise improve, and to turn, divert, extend, discontinue or stop up any public street; and, subject to the provision of sub-section (2) of section 65 to lease or sail any such land, theretofore used or acquired by the municipality for the purposes of such streets, as may not be required for any public street or for any other purposes of this Act :
Provided that no proposal for permanently discontinuing any public street shall be sanctioned by a municipality unless one month at least before the meeting at which the proposal is decided, a notice signed by the chief officer has been put up on the notice board in the office of the municipality and in the street or part of a street which is proposed to be so dis
(1) Where the executive committee considers that in any street not being a, public street, or in any part of such street, within the municipal borough, it is necessary for the public health, convenience or safety that any work should be done for the levelling, paving, metalling, flagging, channelling, draining, lighting or cleaning thereof, the executive committee may by written notice require the respective owners of the lands or buildings fronting, adjoining or a butting upon such street or pa t thereof, to carry oat such work in a manner and within a time to be specified in such notice.
And to declare such street public.
(2) After such work has been carried out by such owners or, as provided in section 239 by the municipality at the expense of such owners, the street or part there of in which such, work has been, done may, and on the
The executive committee may, at any time, by notice fixed up1[in any private street which is not maintainable by the municipality but which is permanently accessible to the public] give intimation of its intention to declare the same a public street, and unless within one month next after such notice has been so put up, the owner of such street or of greater part thereof lodges objections thereto at the municipal office, the municipality may, by notice in writing put up in such street, or such part, declare the same to be a public street.
2[Explanation.- In this section, the expression "private street" means any road, footway, square, court, alley or passage, whether a thoroughfare or not, but which is not a public street].
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1. These words were substituted for the words "
Section 148 of the Gujarat Municipalities Act, 1963, grants municipal authorities the power to declare certain streets as public streets, thereby facilitating their use and regulation by the public. This section plays a vital role in urban planning, public access, and municipal control over street management.
Section 148 authorizes the executive committee of a municipality to declare any street as a public street, subject to objections by the owners of the land or property affected. It also provides the power to enforce compliance through penalties for disobedience or contravention of orders related to such declarations.
Note: The analysis synthesizes information from the provided sources, emphasizing the legal framework, enforcement mechanisms, procedural safeguards, and implications for landowners and municipal authorities.
(1) Every person intending to lay out or make any new street, shall give notice, in writing thereof to the chief officer and shall furnish plans and sections showing the intended level, means of drainage, direction and width of such street, and such other particulars as may be required by the by-laws in force in this behalf; and save as hereinafter provided, the level, means of drainage, direction and width of every such street shall be fixed or approved by the executive committee.
Power of municipality to pass interim orders.
(2) Before passing order under sub-section (1), the executive committee may either issue a provisional order directing that for a period therein specified, which shall not be longer than one month from the date of such order the intended work shall not be proceeded with or demand further particulars.
(1) The chief officer shall subject to the approval of the municipality prescribe a line on each side of every public street within the municipal borough and may from time to time prescribe a fresh line in substitution for any line so prescribed or for any part thereof :
Provided that--
(a) at least one month previous to prescribing such line or such fresh line, as the case may be, the chief officer shall give public notice of the proposal and shall put up special notice thereof in the street or part of the street for which such line or such fresh line is proposed to be prescribed;
(b) the chief officer shall comply with any orders passed by the municipality after considering any written objection or suggestion in regard to such proposal, delivered at the office of the municipality within such
(1) The chief officer shall subject to the approval of the municipality prescribe a line on each side of every public street within the municipal borough and may from time to time prescribe a fresh line in substitution for any line so prescribed or for any part thereof :
Provided that--
(a) at least one month previous to prescribing such line or such fresh line, as the case may be, the chief officer shall give public notice of the proposal and shall put up special notice thereof in the street or part of the street for which such line or such fresh line is proposed to be prescribed;
(b) the chief officer shall comply with any orders passed by the municipality after considering any written objection or suggestion in regard to such proposal, delivered at the office of the municipality within such
(1) If any part of a building projects beyond the regular line of a public street as prescribed under section 150 or beyond the front of the building on either side thereof, the municipality may,-
(a) if the projecting part thereof is a verandah, step or some other structure external to the main building, then at any time, or
(b) if the projecting part is not such external structure as aforesaid, then whenever the greater portion of such building or whenever any material portion of such projecting part has been taken down or burned down or has fallen down,
require by written notice either that the part or some portion of the part-projecting beyond the said regular line or beyond the said front of the adjoining building on either side thereof, shall be removed; or that such building when being
(1) The executive committee may, upon such terms as it thinks fit allow any building to be set forward for improving the line of any public street in which such building is situated.
(2) If the land which will be included in the premises of any person permitted under sub-section (1) to set forward a building belongs to the municipality, the permission of the executive committee to set forward the building shall be a sufficient conveyance to the said owner of the said land; and the price to be paid to the municipality by the said owner for such land and the other terms and conditions of the conveyance shall be set forth in the said permission.
(1) The external roofs and walls of buildings constructed or renewed after the coming into force of this Act, shall not be made of grass, wood, cloth, canvas, loaves, mats or other inflammable material except with the written consent of the chief officer which may be given either specially in individual cases, or generally in respect of any area specified therein.
Power to require removal of roof and wall if inflamable.
(2) The chief officer may at any time by written notice require the owner of any building which has an external roof or wall made of any material as aforesaid to remove such roof or wall within such reasonable time as shall be specified, in the notice whether such roof or wall was or was not made before the time at which this Act came into force, and whether it was made with or without the consent of the chief officer.
No building shall hereafter be constructed upon a lower level than will allow of the drainage thereof being led into some public sewer or drain either then existing or projected by the municipality, or into some stream or river or into the sea or some cesspool or other suitable place which may be approved of by the chief officer.
(1) Before beginning to construct any building or to alter externally or add to any existing building, or to construct or reconstruct any projecting portion of a building in respect of which the executive committee is empowered by section 151 to enforce a removal or set back, or to construct or reconstruct which the chief officer is empowered by section 150 to give permission, the person intending so to construct, alter, add or reconstruct shall give to the chief officer notice thereof in writing and shall furnish to him at the same time, if required by a by-law or by special order of the State Government to do so, a plan certified by a qualified person recognised by the municipality for the purpose and showing the levels, at which the foundation and lowest floor of such building are proposed to be laid, by reference to some level known to the chief officer, and all information required, by the by-laws or demanded by the chie
(1) When a person has given notice to the chief officer under subsection (1) of section 155 in regard to his in entention to build, add to or reconstruct a building, it shall be lawful to the chief officer to refuse the permission applied for if the municipality passes a resolution proposing to acquire the and on which any building is proposed to be erected or any building situated on which is proposed to be altered, added to or reconstructed, or if the proposed construction, alteration, addition or reconstruction is likely to be an encroachment on land belonging to the Government or municipality.
(2) Such refusal shall be subject to the following conditions:-
(a) if the property is acquired and no agreement is arrived at as regards the amount of compensation pay able to the person giving, notice under subsection (1) of section 155, the
(1) Every person erecting a building or executing a work as described in sub-section (1) of section 155 shall, within one month after the completion of the erection of such building or the execution of such work, deliver or send or cause to be delivered or sent to the chief officer at his office, notice in writing of such completion, and shall give to the chief officer all necessary facilities for the inspection of such building or of such work.
(2) Where a building is to be erected or any work is to be executed in accordance with a plan certified under sub-section (1) of section 155 a notice under sub-section (1) shall be accompanied by a completion certificate signed by a qualified person recognised by the municipality for the purpose.
(3)(a) An inspection referred to in sub-section (1) shall be commenced within seven days from the dat
It shall not be lawful for any person to erect any hut or shed or range or block of huts or sheds or to add any hut or shed to any range or block of huts or sheds already existing when this Act comes into operation, without giving previous notice to the chief officer; the chief officer may require such huts or sheds to be built so that they stand in regular lines, with a free passage or way in front of and between every two lines, of such width as the chief officer may think proper for ventilation and to facilitate scavenging, and at such a level as will admit of sufficient drainage; and may require such huts to be provided with such number of privies and such means of drainage as he may deem necessary. If any hut or shed or range or block be built without such notice being given to the chief officer or otherwise than as required by the chief officer, the chief officer may give written notice to the owner or builder thereof, or to the owner or occupier of the land on
(1) Where the executive committee is of opinion that any hut or shed whether used as a dwelling or as a stable or for any other purpose, and whether existing at the time when this Act comes into operation or subsequently erected, is by reason-
(a) of insufficient ventilation or of the manner in which such hut or shed is crowded together with other huts or sheds, or
(b) of the want of a plinth or of a sufficient plinth or of sufficient drainage, or
(c) of the impracticability of scavenging,
attended with risk of disease to the inhabitants of the neighbourhood, it shall cause a notice to be affixed to some conspicuous part of such hut or shed, requesting the owner or occupier thereof, within such reasonable time as may be fixed by the executive commit
(1) All sewers, drains, privies, water-closets, house-gullies and cesspools within the municipal borough shall be under the survey and control of the municipality.
(2) All covered sewers, drains and cesspools, whether public or private, shall be provided by the municipality or other persons to whom they severally belong with proper traps or other means of ventilation, and the chief officer may by written notice call upon the owner of any such covered sewers, drains or cesspools to make provision accordingly.
(1) It shall be lawful for a municipality or any person acting under its authority to carry for any drainage purposes any drain, sewer, conduit tunnel, culvert, pipe or watercourse 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, into, through or under any land whatsoever within the municipal borough after giving reasonable notice in writing to the owner or occupier of such land and after taking into consideration any objections made by the owner or occupier within the period specified in the notice.
(2) A municipality, or any person acting under its authority, may construct a new drain in the place of an existing drain in any land wherein any drain vested in the municipality has been already constructed, or repair or alter any drain vested in the municipality or may discontinue,
If any building or land be at any time undrained, or not drained to the satisfaction of the chef officer, the chief officer, subject to the control of the executive committee, may by written notice call upon the owner to construct or lay from such building or land a drain or pipe of such size and materials, at such level, and with such fall as he may think necessary for the drainage of such building or land into-
(a) some drain or sewer, if there be a suitable drain or sewer within fifteen meters of any part of such building or land, or
(b) a covered cesspool to be provided by such owner and approved by the chief officer.
(1) It shall not be lawful to construct or reconstruct any building, or to occupy or permit to be occupied any building newly constructed or reconstructed, unless and until--
(a) a drain be constructed of such size, materials and description, at such level and with such fall, as shall appear to the chief officer 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 land appurtenant thereto, all such appliances and fittings as may appear to the chief officer to be necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said building and the said land, and of effectually flushing the drain of the said building and every fixture connected therewith.
(2) The drain to be
(1) The owner or occupier of any building or land within the municipal borough shall be entitled to cause his drains to empty into a municipal drain :
Provided that he first obtains the written permission of the chief officer, and that he complies with such conditions as the chief officer may by order in writing prescribe, as to the quantity and kind of matter to be so emptied and the mode in which and the superintendence under which the communications are to be made between drains not vested in the municipality and drains which are so vested.
(2) An appeal shall lie to the executive committee against any order of the chief officer under sub-section (1) if the appeal is made within fifteen days of the receipt of such order.
(1) If the owner or occupier of any building or land desires to connect the same with any municipal drain, by means of a drain to be constructed through land or to be connected with a drain, belonging to or occupied by or in the use of some other person, he may make a written application in that behalf to the chief officer.
(2) Subject to the control of the executive committee the chief officer there upon after giving to such other person a .reasonable opportunity of stating any objection to such application, may, if no objection is raised or if any objection which is raised is in his opinion insufficient, by an order in writing, authorise the applicant to carry his drain into, through, or under the said land, or into the same drain, as the case may be, in such manner and on such conditions as to the payment of rent or compensation, and as to the respective responsibilities of the
If the owner of any land into, through or under which a drain has been carried under section 165 whilst such land was unbuilt upon, shall at any subsequent time desire to construct a building thereon, the chief officer subject to the control of executive committee shall, if he sanctions the construction of such building, by written, notice require the owner, or occupier of the building or land, for the benefit of which such drain was constructed to close, remove or divert the same, and to fill in, reinstate and make good the land in such manner as he may deem to be necessary, in order to admit of the construction or safe enjoyment of the proposed building.
(1) Where the chief officer is of opinion that any privy or cesspool, or additional privies or cesspools, should be provided in or on any building or land, or in municipal borough in which a water-closet-system has been introduced, that water-closets or additional water-closets should be provided in or on any building or land, that water-closets should be substituted for the existing privies in such number as may be considered necessary by him, the chief officer, subject to the control of the executive committee, may by written notice call upon the owner of such building, or land to provide such privies, cesspools or water-closets or to substitute water-closets for the existing privies at such sites as he may deem proper.
(2) The chief officer subject to the control of the executive committee may by written notice require any person or persons employing workmen or labourers exceedi
1[167A. Power of chief officer to require owner to provide water closet or privy accommodation.
(1) Where any premises are, in the opinion of the Chief Officer, without adequate and suitable water-closet or privy accommodation in accordance with the bye-laws made by the municipality in that behalf, the Chief Officer, may, by written notice, require the owner of such premises to provide such water-closet or privy accommodation in accordance with the bye-laws made by the municipality in that behalf, within such time as may be specified in such notice and if the owner fails to comply with such requirement, within the time so specified or within such time as may, on the application of the owner, be extended by the Chief Officer for any reasonable cause it shall be lawful for the Chief Officer to make such provision from the municipal fund. The expenses incurred by the Chief Officer in
(1) All sewers, drains, privies, water-closets, urinals, house-gullies and cesspools within a municipal borough shall, unless, constructed, at the cost of the municipality, be altered, repaired, cleaned and kept in proper order at the costs and charge of the owners of the lands or buildings to which they belong, or for the use of which they have been constructed or continued; and the chief officer subject to the control of the executive committee may by written notice require any such owner to alter, repair, and put the same in good order in such manner as he may think fit.
(2) Subject to the control of the executive committee the chief officer may by written notice require the owner to demolish or close any privy or cesspool, whether constructed before or after the coming into operation of this Act, which in the opinion of the chief officer is a nuisance, or is so constructed as t
When any building or land within municipal borough has a drain communicating with any cesspool or sewers, the chief officer, if he considers that such drain, though it may be sufficient for the drainage of such building or land and though it may be otherwise unobjectionable, is not adapted to the general sewerage of the locality, may, subject to the control of the executive committee, close such drain and such cesspool or sewer, whether they are or are not on land vested in the municipality, on providing a drain or drains equally effectual for the drainage of such building or land, and the chief officer may, subject as aforesaid, do any work necessary for the purpose.
The executive committee may by written notice require that any sewer, drain, privy, water-closet, urinal, house-gully or cesspool on any land within a municipal borough, constructed, rebuilt or unstopped-
(a) after such land became part of a municipal borough, and
(b) either without the consent or contrary to the orders, directions or general regulations or by-laws, of the municipality, or contrary to the provisions of any enactment in force at the time when it was so constructed, rebuilt or unstopped,
shall be demolished, amended or altered, as it may deem fit, by the person by whom it was so constructed, rebuilt or unstopped; and every person so constructing, rebuilding or unstopping any such sewer, drain, privy, water-closet, urinal, house-gully or cesspool, whether he does or does not rece
(1) If any person, without the written consent or permission of the chief officer first obtained or in contravention of any conditions imposed or prescribed under this Act, makes or empties or causes to be made or to empty any drain into or out from any of the sewer as or drains vested in a municipality, he shall on, conviction be punished with fine which may extend to one hundred rupees, and the chief officer may by written notice require such person to demolish alter, remake, or otherwise deal with such drain as he may think fit.
(2) (a) No building shall be newly constructed or reconstructed over any sewer, drain, culvert or gutter vested in a municipality, without the written consent of the chief officer, and the chief officer may by, written notice require any person who has so constructed or reconstructed any building without such written consent, to pull down or otherwise de
(1) A chief officer after due notice to the occupier may inspect any sewer, drain, privy, water-closet, urinal, house-gully or cesspool; and for that purpose, at any time between sunrise and sunset may enter upon any lands or buildings with assistants and workmen, and cause the ground to be opened where he or they may think fit, doing as little damage as may be.
Expense of inspection when to be borne by the municipality.
(2) The expense of such inspection and of causing the ground to be closed and made good as before shall be borne by the municipality, unless the sewer, drain, privy, water-closet, urinal, house-gully or cesspool is found to be in bad order or conditions or was constructed in contravention of the provisions of any enactment or of any by-laws or orders there under in force at the time or issued in respect of such construct
(1) The executive committee may, if it thinks fit, cause any work, the execution of which may be ordered by or on behalf of the municipality under any of the provisions of this sub-chapter, to be executed by municipal or other agency under its 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 municipality shall, by a general or special order or resolution, sanction as it is hereby empowered to sanction, the execution of such work at the charge of the municipal fund.
Any pipes, fittings, receptacles, or other appliances for or connected with the drainage of any private building or land, shall, if supplied, constructed or erected at the expense of the municipality, be deemed to be municipal property, unless the municipality shall have transferred its interest therein to the owner of such building or land.
(4) Powers in respect of water-supply.
For the purpose of obtaining a supply or an additional supply of water or of distributing the same the municipality shall have the same powers and be subject to the same restrictions for carrying, renewing, repairing and altering water mains, pipes and ducts within or without the municipal borough as it has and subject to under the provisions hereinbefore contained for carrying, renewing and repairing drain within the municipal borough.
(4) Powers in respect of water-supply.
For the purpose of obtaining a supply or an additional supply of water or of distributing the same the municipality shall have the same powers and be subject to the same restrictions for carrying, renewing, repairing and altering water mains, pipes and ducts within or without the municipal borough as it has and subject to under the provisions hereinbefore contained for carrying, renewing and repairing drain within the municipal borough.
(1) The chief officer, subject to any by-laws made under the provisions of this Act, and on payment of such fees as may be specified in such bye-laws, may give written permission to the owners or occupiers of buildings in public streets to put up open verandahs, balconies or rooms to project from any upper storey of such buildings, to an extent not exceeding 1.24 metres beyond the line of the plinth or basement wall of the building; and may prescribe the conditions subject to which permission may be given for the projection over such streets of roofs, eaves, weather-boards, shop-boards and the like.
(2) Permission granted under sub-section. (1) may be permanent or for such period at a time as may be specified in writing when such permission, is granted.
(3) (a) Notwithstanding any proceedings which may be taken under clause (6) of this s
The chief officer may by written notice require the owner of a building in any street to put up and keep in good condition proper troughs and pipes for catching and carrying the water from the roof and other parts of such building, and for discharging the same, in such manner as he may think fit, so that it shall not fall upon the persons passing along the street.
The chief officer may erect or fix to the outside of any building brackets for lamps to be lighted with oil or gas; or subject to the provisions of the Indian Electricity Act, 1910,(IX of 1910) for lamps to be lighted with electricity or otherwise or subject to the provisions of the Indian Telegraph Act, 1885,(XIII of 1885) for telegraph wires or telephone wires, or wires for the conduct of electricity or locomotive purposes; or such pipes as he may deem necessary for the proper ventilation of sewers and water-works; such brackets and pipes shall be erected so as not to occasion any inconvenience or nuisance to the occupants of the said building or of any others in the neighbourhood, or to the public.
(1) The municipality may from time to time cause to be put up or painted on a conspicuous part of any building at or near each end or corner of or entrance to a street, the name by which such street is to be known, and may from time to time by written notice require the owner of any premises or part thereof either to put up by means of a metal plate a number or sub-number on such premises or part thereof in such position and manner as may be specified in such notice or to signify in writing his desire that such work shall be executed under the orders of the municipality.
(2) Any person, who destroys, pulls down or defaces any such name, number, or sub-number or puts up any name, number or sub-number different from that put up by the municipality and any owner of any premises or part thereof who does not at his own expense keep such number or sub-number in good order after it has be
Any person-
(a) who, without the consent of the owner or occupier, and in the case of municipal property without the permission in writing of the chief officer, affixes any posting bill, placard or other paper or means of advertisement against or upon any building, wall, board, fence, pole, post, lamp-post or the like, or
(b) who, without such consent as aforesaid, writes upon, soils, defaces or marks any such building, wall, board, fence, post, lamp-post or the like, with chalk or paint or in any other way whatsoever,
shall on conviction be punished with fine which may extend to one hundred rupees and in addition shall be liable to pay to the owner or occupier, or, as the case may be, the municipality, such sum by way of cost of the removal of the bill, placard, paper or advertisement so post
The chief officer may by written notice require the owner or occupier of any land so to trim or prune the hedges thereof bordering any public street that the said hedges may not exceed the height of four feet from the level of the street, and width of four feet; and to cut down, lop, or trim all trees or shrubs which in any way overhang, endanger or obstruct, or which such officer deems, likely to overhang, endanger or obstruct any public street or to cause damage thereto, or which so overhang any public tank, well or other provision for water-supply as to pollute, or be likely to pollute, the water thereof.
The chief officer may by written notice require the owner or occupier of any land so to trim or prune the hedges thereof bordering any public street that the said hedges may not exceed the height of four feet from the level of the street, and width of four feet; and to cut down, lop, or trim all trees or shrubs which in any way overhang, endanger or obstruct, or which such officer deems, likely to overhang, endanger or obstruct any public street or to cause damage thereto, or which so overhang any public tank, well or other provision for water-supply as to pollute, or be likely to pollute, the water thereof.
(1) Where any building or anything affixed thereon is deemed by the chief officer to be in a ruinous state or likely to fall or in any other way dangerous to any inhabitant of such building or of any neighbouring building or to any occupier thereof or to passengers, the chief officer shall immediately, if it appears to him to be necessary, cause a proper hoard or fence to be put up for the protection of passengers
Provided that if the danger be not of hourly imminence, the chief officer may, instead of causing a hoard or fence to be put up, issue in the first instance notice in writing to the owner or occupier to put up a proper hoard or fence, and in the event of the owner or occupier failing to put up within two days from the service of such notice a hoard or fence which the chief officer considers sufficient in the circumstances of the case, the chief officer, shall at once caus
Section 182 of the Gujarat Municipalities Act, 1963, empowers municipal authorities to take precautionary measures concerning buildings deemed dangerous or ruinous, primarily to safeguard public safety and health. It provides a legal framework for the identification, inspection, and necessary action against hazardous structures within municipal limits.
Note: The analysis synthesizes the available case law and statutory provisions to provide a comprehensive legal commentary on Section 182 of the Gujarat Municipalities Act, 1963.
(1) The chief officer may at any time by written notice require that the owner of or any person who has control over any well, stream, channel, tank or other source of water supply, shall, whether such source is private property or not, within a reasonable time to be specified in the notice, or in any case falling under clause (d) within twenty-four hours of such notice-
(a) keep and maintain any such source of water-supply, other than a stream in good repair, or
(b) cleanse any such source of water-supply from silt, refuse and decaying Vegetation, or
(c) in such manner as the chief officer may prescribe, protect any such source of water-supply from pollution by surface drainage, or
(d) repair, protect or enclose in such manner as the chief officer
(1) Whoever displaces, takes up, or makes any alteration in the pavement, gutter, flags or other materials of any public street, or the fences, walls, or posts thereof, or any municipal lamp, lamp-post, bracket, water-post, hydrant, or other such municipal property therein, without the written consent of the chief officer or other lawful authority, shall be punished with fine which may extend to two hundred rupees.
(2) Any person who has displaced, taken up or made alteration in, any such pavement, gutter, flags or other materials, or in such fences, walls, posts, municipal lamps, lamps-posts, brackets, water-posts, hydrants or other municipal property, whether with or without the consent required under sub-section (1) shall be liable to pay the expense which the municipality may incur in replacing or restoring the same. Such expense shall be recoverable in the same manner as an am
(1) Whoever in any area after it has become a municipal borough,
(a) shall, have built or set up, or shall build or set up, any wall, or any fence, rail, post, stall, verandah, platform, plinth, step or any projecting structure or thing or other encroachment or obstruction, or
(b) shall deposit or cause to be placed or deposited any box, bale, package or merchandise, or any other thing,
in any public place or street or in or over or upon any open drain, gutter, sewre or aqueduct in such, place or street shall be punished with, fine which may extend to fifty rupees and with further fine which may extend to ten rupees for every day on which, such projection, encroachment, obstruction or deposit continues after the date of first conviction for such offence.
(1) A person intending to construct or take down any building or to alter or repair any building externally shall, if the position or circumstances of the work is or are likely to cause or may cause obstruction, danger or inconvenience in any street, before beginning such work-
(a) first obtain a licence in writing from the chief officer so to do, and
(b) cause sufficient hoards or fences to be put up in order to separate the area where the work is to be carried on from the street, and shall maintain such hoard or fence standing and in good condition to the satisfaction of the chief officer during such time as the chief officer considers necessary for the public safety or convenience, and shall cause the same to be sufficiently lighted during the night, and shall remove the same when directed by the chief officer.
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(1) The chief officer shall, during the construction or repair of any of the streets , sewers, drains or other premises vested in the municipality, take proper precaution for guarding against accident, by shoring up and protecting the adjoining buildings, and shall cause such bars, chains or posts as he shall think fit, to be fixed across or in any street to prevent the passage of carriages, carts or other vehicles, or of cattle, while such construction or repair is being carried on and shall cause any such construction or repair work in a street to be sufficiently lighted and guarded during the night.
(2) Whoever takes down, alters or removes any of the said bars, chains, or posts or removes or extinguishes any such light without the authority or consent of the chief officer, shall be punished with fine which may extend to one hundred rupees.
(1) No person shall, without the written permission of the chief officer and except in accordance with the conditions of such permission and on payment of such fees as may be specified by the bye-laws of the municipality, makes a hole in any street or deposit on any street any timber, stone, brick, earth or other material that has been or is intended to be used for building ; such per mission shall be terminable at the discretion of the chief officer; and when such-permission is granted to any person, he shall; at his own expense, cause such materials or such hole to be sufficiently fenced and enclosed to the satisfaction of the chief officer until the materials are removed, or the hole is filled up or otherwise made secure, and shall cause such materials or hole to be sufficiently lighted during the night.
(2) Whoever contravenes any of the provisions of sub-section (1) shall be p
(1) If in the opinion of the chief officer the working of any quarry or the removal of stone, earth or other material from the soil in any place , is dangerous to persons residing in or having a right of access to the neighbourhood thereof, or creates or is likely to create a nuisance, the chief officer may, by written notice, require the owner of the said quarry or place or the person responsible for such working or removal not to continue or permit the working of such quarry or the removing of such material or to take such order with such quarry or place as the chief officer shall direct for the purpose of preventing the danger or of abating the nuisance arising or likely to arise there from :
Provided that if such quarry or place is vested in Government or if such working thereof or removal there from as aforesaid is being carried on by or on behalf of the Government or any pers
(1) The chief officer may by public notice require that every dog while in the streets and not being led by some person shall be muzzled in such a way as to allow the dog freely to breathe and to drink, while effectually preventing it from biting.
(2) Subject to the provisions of sub-section (3) the chief officer may take possession of any dog found wandering unmuzzled in any public place and may either detain such dog until its owner has claimed it, has provided a proper muzzle for it, and has paid all the expenses of its detention or cause it to be destroyed.
(3) When a dog which has been detained under sub-section (2) is wearing a collar with the owner's name and address thereon, such dog shall not be destroyed until a letter stating the fact that it has been so detained has been sent to the said address, and the dog has remained uncl
(1) If it shall appear to the chief officer at any time that nuisance or annoyance is caused to the public by the keeping of pigs within the limits of the municipal borough, the chief officer may direct by public notice that no person shall, without the written permission of the chief officer, or otherwise than in conformity with the terms of such permission keep any pigs in any part of the borough.
(2) Whoever shall after such direction keep any pigs in any place within the municipal borough without the permission required as aforesaid, or otherwise than in accordance with the terms thereof, shall be punished with fine which may extend to one hundred rupees.
(3) Any pigs found straying may be forthwith destroyed and carcass thereof disposed of as the chief officer shall direct. No claim shall he for uncopensation for any pigs so destroy
(1) If it shall appear to the chief officer at any time that nuisance or annoyance is caused to the public by the keeping of pigs within the limits of the municipal borough, the chief officer may direct by public notice that no person shall, without the written permission of the chief officer, or otherwise than in conformity with the terms of such permission keep any pigs in any part of the borough.
(2) Whoever shall after such direction keep any pigs in any place within the municipal borough without the permission required as aforesaid, or otherwise than in accordance with the terms thereof, shall be punished with fine which may extend to one hundred rupees.
(3) Any pigs found straying may be forthwith destroyed and carcass thereof disposed of as the chief officer shall direct. No claim shall he for uncopensation for any pigs so destroy
(1) Whoever deposits or causes or suffers any member of his family or household to deposit any dust, dirt, dung, ashes refuse, or filth of any kind or any animal matter or any broken glass or earthenware or other rubbish or any other thing that is or may be a nuisance, in any street or in any arch under a street or in any drain beside a street or on any open space or on any quay, jetty or landing place or on any part of the seashore on the bank of a tidal river; whether above or below high-water mark, or on the bank of any river, water-course or nullah, except at such places, in such manner and at such hours as shall be fixed by the chief officer, and whoever commits or suffers any member of his family or household to commit nuisance in any such place as aforesaid, shall be punished with fine which may extend to one hundred rupees.
(2) Whoever throws or puts or causes or suffers an
Whoever causes or allows the water of any sink or sewer or any other liquid or other matter which is or which is likely to become offensive, or water in such quantity as is likely to remain stagnant from any building or land under his control, to run, drain or be thrown or put upon any street or open space, or to soak through any external wall, or causes or allows any offensive matter from any sewer or privy to run, drain or be thrown into a surface drain in any street, without the permission m writing of the chief officer or who fails to comply with any condition prescribed in such permission, shall be punished with fine which may extend to one hundred rupees.
Whoever being the owner or occupier of any building or land, keeps or allows to be kept for more than, twenty four hours, or otherwise than in some proper receptacle, any dirt, dung, bones, ashes night-soil, filth or any noxious or offensive matter, in or upon such building or and, or suffers such receptacle to be in a filthy or noxious state, or neglects to employ proper means to remove the filth from and to cleanse and purify such receptacle, or keeps or allows to be kept in or upon such building or land any animal in such a way as to cause a nuisance, shall be punished fine which may extend to one hundred rupees and with further fine which may extend to ten rupees for every day on which such offence is continued, alter the date of the first conviction for such offence.
(1) The chief officer may by public notice from time to time fix the hours within which and streets or routes by which only it shall be lawful to remove any night-soil or other such offensive matter.
(2) Whoever,-
(a) when the chief officer has fixed such hours and streets or routes and given public notice thereof removes or causes to be removed along any street except the street or route so fixed any such offensive matter at any time except within the hours so fixed, or
(b) at any time, whether such hours and streets or routes have been fixed by the chief officer or not,
(i) uses for any such purpose any cart, carriage, receptacle or vessel, not having a covering sufficient for preventing the escape of the contents thereof and of the stench there f
(1) Whoever, being the owner or occupier of any building land, whether tenantable or otherwise, suffers the same to be in a filthy and unwholesome state, or in the opinion of the chief officer a nuisance to persons residing in the neighbourhood, or overgrown with prickly-pear or rank and noisome vegetation and who shall not, within a reasonable time after notice in writing by the chief officer to cleanse, cleat or otherwise put such building or land in a proper state have complied with the requisition contained in such notice, shall be punished with, fine Which may extend to fifty rupees and with further fine which may extend to ten rupees for every day on which the failure to comply with the said notice is continued after the date of the first conviction for such offence.
(2) Deserted and offensive buildings.
Where any building, by reas
(1) If, for any reason, it shall appear to the executive committee that any building or any room in a building intended for or used as a dwelling is unfit for human habitation, the executive committee shall give to the owner or occupier of such building a notice in writing, stating such reason, and signifying its intention to prohibit the further use of the building or room, as the case may be, as a dwelling, and shall in 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 executive committee invalid or insufficient, the executive committee may by an order in writing, prohibit the further use of such building or room as a dwelling.
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It shall be lawful for the president, vice-president, chairman of the executive committee, chief officer or any councilor or officer authorised by the municipality in this behalf, at any time between sunrise and sunset after due notice, to enter into and inspect all buildings and lands, and by written notice to direct for sanitary reasons all or any part thereof to be forthwith internally and externally lime washed or otherwise cleansed.
(1) The executive committee may set apart sufficient public places, or any part of the seashore, not being private property, for the purpose of being used as bathing places, and may also provide or set apart a sufficient number of convenient tanks or runs of water for the inhabitants to bathe in; and may also set apart tanks or reservoirs or runs of water for wasting animals or clothes, or for any purpose connected with the health, cleanliness and comfort of the inhabitants, and may prohibit the use, for any purpose mentioned in this section, of any or all other public places within the municipal borough.
(2) Copies of all orders passed and notices issued by the executive committee and for the time being in force under this section, shall be kept at the municipal office and shall be open for inspection by the public at all reasonable time.
(1) The executive committee may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, except at such Places as it shall appoint for this purpose; and when any such prohibition has been made, no person who is, by calling a washerman shall wash clothes at any place not appointed for this purpose by the executive committee, except for such person himself or for the owner or occupier of such place.
Washing place to be provided by the executive committee for washermen.
(2) The executive committee shall provide suitable places for the exercise by washermen of their calling and may require payment of such fees for the use of any such place as shall from time to time be determined by it with the approval of the municipality.
(3) The executive committee shall
Whoever, in disobedience of any order of the municipality under section 199 or of any by laws, bathes in any stream, pool, tank, reservoir, well cistern conduit or aqueduct belonging to the municipality, or washes or causes to be washed therein any animal or anything whatever or throws, puts or casts or causes to enter therein any animal or anything, or causes or suffers to run drain or be brought there into anything that is or may become a nuisance or does anything whatsoever whereby any water therein shall be in any degree fouled or corrupted, and whoever without permission of the chief officer steeps in any tank, stream, or ditch within or on the boundary of the municipal borough any animal, vegetable or mineral matter likely to render the water of such tank, stream or ditch offensive or a nuisance shall be punished with fine which may extend to one hundred rupees.
(1) If, in the opinion of the chief officer-
(a) any pool, ditch, quarry, hole, excavation, tank, well, pond, drain, watercourse, or any collection of water, or
(b) any cistern or other receptacle for water whether within or outside a building or,
(c) any land on which water accumulates,
is or is likely to become a breeding place of mosquitoes or in any other respect a nuisance, the chief officer may, by notice in writing, require the owner thereof to fill up, cover over or drain off the same in such manner and with such materials as the chief officer shall prescribe, or to take such order with the same for removing or abating the nuisance as the chief officer shall determine.
(2) (a) No new well, tank, p
Whoever, except with the written permission of the chief officer and in accordance with the conditions of such permission, stores or uses night-soil or other manure or substance emitting an offensive smell, shall be punished with fine which may extend to fifty rupees and with further fine which may extend to ten rupees for every day on which the offence is continued after the date of the first conviction.
Whoever tethers cattle or other animals, or causes or suffers them to be tethered by any member of his family or household, in any public street, or place so as to obstruct or endanger the public traffic therein, or to cause a nuisance, or who causes or suffers such animals to stray about without a keeper shall, on conviction, be punished-
(a) for a first offence, with fine which may extend to two hundred rupees;
(b) for any subsequent offence, with fine which may extend to five hundred rupees.
Whoever feeds any animal which is kept for dairy purposes or is intended for human food on excrementitious matter, stable-refuse, filth or other offensive matter, or permits such animal to feed to or be fed on such matter, shall be punished with fine which may extend to one hundred rupees.
(1) It shall be lawful for the municipality to direct by public notice that every furnace employed, or to be employed, in any works or buildings used for the purpose of any trade or manufacture whatsoever, within the limits of the municipal borough whether a stream engine be or be not used or employed therein shall in all cases be constructed, supplemented or altered so as to consume or burn, or reduce as far as may be practicable, the smoke arising from such furnace.
(2) If any parson shall after such direction use, or permit to be used, any such furnace not so constructed, supplemented or altered, or shall so negligently use, or permit to be used any such furnace that the smoke arising there from shall not be effectually consumed or burnt as far as may be practicable, such person being the owner or occupier of the said work or buildings or an agent or other person employed by suc
(1) It shall be lawful for the municipality to direct by public notice that every furnace employed, or to be employed, in any works or buildings used for the purpose of any trade or manufacture whatsoever, within the limits of the municipal borough whether a stream engine be or be not used or employed therein shall in all cases be constructed, supplemented or altered so as to consume or burn, or reduce as far as may be practicable, the smoke arising from such furnace.
(2) If any parson shall after such direction use, or permit to be used, any such furnace not so constructed, supplemented or altered, or shall so negligently use, or permit to be used any such furnace that the smoke arising there from shall not be effectually consumed or burnt as far as may be practicable, such person being the owner or occupier of the said work or buildings or an agent or other person employed by suc
(1) It shall be lawful for the municipality to direct that no place other than a municipal market or slaughter-house, shall be used for any of the purposes specified in sub-clauses (i) and (ii) of clause (b) of sub-section (1) of section 275 except under and in accordance with the conditions of a licence from the executive; committee, which may at its discretion from time to time grant, suspend, withhold or withdraw such licences either generally or in individual cases..
(2) Whoever uses or permits the use of any place contrary to such direction, or without the licence required as aforesaid, or in contravention of any of the conditions or during the suspension or after the withdrawal of such licence, shall, be punished with fine which may extend to fifty rupees.
(3) Upon a conviction being obtained in respect of any place under sup-secti
(1) The municipality may from time to time open or close any public market or slaughter-house. It may also either take stallage or other rents or fees for the we by any person of any such market or slaughter-house, or from time to time sell by public auction or otherwise the privilege of occupying any sta11 or space in or of otherwise using any such market or slaughter-house
(2) Any person who, without the permission of or a licence from the municipality, shall sell, or expose for sale, any article in the said markets or use the said slaughter-house, shall be punished with fine which may extend to fifty rupees.
If any officer specially empowered in this behalf by the municipality is satisfied that any person occupying any stall or space in any market is in unauthirised occupation of the stall or space or continues to occupy the stall or space after authority to occupy has ceased, lie may, with the previous sanction of the municipality, require such person to vacate the stall or space within such time as may be mentioned in the requisition and if such person falls to comply with the requisition, such person may, in addition to any penalty which may he imposed under this Act. be summarily removed from the stall or space.
It shall be lawful for a municipality with the sanction of the Development Commissioner or, if authorised by him, of the Collector to establish slaughter-houses or places for the disposal of carcasses of animals beyond the limits of the municipal borough and all provisions of this Act and of by-laws in force there under relating to such slaughter-houses or places within the municipal borough, shall have full force in slaughter-houses or places established under this section, as if they were within the municipal borough.
(1) The president, vice-president, chairman of the health committee, chief officer or any councillor or officers authorised by the municipality in this behalf-
(a) may at all reasonable times enter into any place for the purpose of inspecting and may inspect any animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, milk, ghee, butter or other articles intended for human food or drink or for medicine, whether exposed or hawked about for sale, or deposited in or brought to any place for the purpose of sale or of preparation for sale, or may enter into and inspect any place used as a slaughter-house, and may examine anything which may be therein; and
(b) in case any such animals, carcasses, or other articles before mentioned appear to be diseased or unsound or unwholesome or unfit for human food or dri
The president, vice-president, chief officer or any councillor authorised by the municipality in this behalf may at all reasonable times enter into any place where weights or measures or weighing or measuring instruments are used or kept for purposes of trade and inspect such weights or measures or weighing or measuring instruments.
(9) Regulation of dairies and cattle sheds.
(1) Except under and in accordance with the terms of a licence from the executive committee, no person shall-
(a) carry on the trade or business of a dealer, in, or importer or seller of, sweetmeats, milk, butter or other milk products, or
(b) use or permit to be used for the purposes of trade, any place for stabling milky cattle or for storing or selling milk or for making, storing or selling butter.
(2) The executive committee may grant such licence subject to such conditions as it may deem fit and may at any time withdraw or suspend such licence on giving one month's notice to the licensee :
Provided that where licensee has contravened any of the conditions o
(9) Regulation of dairies and cattle sheds.
(1) Except under and in accordance with the terms of a licence from the executive committee, no person shall-
(a) carry on the trade or business of a dealer, in, or importer or seller of, sweetmeats, milk, butter or other milk products, or
(b) use or permit to be used for the purposes of trade, any place for stabling milky cattle or for storing or selling milk or for making, storing or selling butter.
(2) The executive committee may grant such licence subject to such conditions as it may deem fit and may at any time withdraw or suspend such licence on giving one month's notice to the licensee :
Provided that where licensee has contravened any of the conditions o
(1) Whenever any area within a municipal borough is declared by the State Government as affected by the out-break of any dangerous disease the municipality shall, subject to the limitations, restrictions, and conditions, if any, as the State Government may by notification in the Official Gazette prescribe in this behalf, exercise within the municipal borough the powers specified in sub-section (2), until the declaration made is withdrawn.
(2) The powers to be exercised by the municipality shall be as follows, namely-
(a) Power by orders, which may be either of special or general application, to direct that every medical practitioner, who knows or may have reason to believe that any person whom he has visited in his professional capacity in any dwelling not being a hospital, or that every manager of any factory or educational institution,
(1) In the event of the municipal borough or any part thereof 3 being at any time threatened or visited with an outbreak of any dangerous disease, the municipality shall take all such measures as the Collector may deem necessary for the purpose of preventing, meeting, mitigating or suppressing such outbreak.
(2) In such event as aforesaid the Collector may by special notification declaring that such municipal borough is threatened or visited with an outbreak of a dangerous disease, confer on the municipality all or any of the additional powers specified in sub-section (3) and such municipality shall, subject to such limitations, restrictions and conditions, if any, as the Collector in the same or in any subsequent notification may prescribe, exercise every such power so conferred on it until the same is withdrawn by means of a like notification.
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(1) The State Government, in the case of section 214, and the Collector in the case of section 215, may at any time--
(a) withdraw any such power;
(b) cancel or modify any limitation, restriction or condition prescribed in respect of any such power ; or
(c) cancel any order passed by a municipality in exercise of any such power.
(2) Every order passed by a municipality in exercise of any power under section 214, or as the case may be, section 215 shall, on the withdrawal of such power, cease to be in force in the municipal borough.
If in any municipal borough any infectious disease amongst cattle, breaks out or if the introduction of any' such disease appears to be likely, the municipality shall take all such measures as it may deem necessary for the purpose of preventing, meeting, mitigating or suppressing the disease or the outbreak or introduction there of.
(1) Whenever the executive committee considers the interior of a bulling to be so overcrowded as to be or to be likely to become dangerous or prejudicial to the health of the inhabitants of that or of any neighbouring building, the executive committee may cause proceedings to be taken before a taluka Magistrate for the purposes of obtaining an order to prevent such overcrowdings.
(2) Such Magistrate may, on the, production of a certificate by a medical officer stating his opinion that the overcrowding complained of is likely to cause disease or risk of disease and after such further inquiry, if, any, as may appear to such Magistrate necessary, require the owner of the building within a reasonable time not being more than six weeks or less than ten days, to abate the number of lodgers, tenants or other inmates of the said building to such extent as he shall deem necessary to prescri
(1.) If the State Governments of opinion that risk of disease has arisen or is likely to arise either to any occupier in, or to any inhabitant in the neighbourhood of, any area by reason of any of the following defects, namely--
(a) the manner in which either buildings or blocks of buildings, already existing or projected therein are, or are likely to become, crowded together, or
(b) the impracticability of cleansing any such buildings or blecks of buildings, already existing or projected, or
(c) the want of drainage or scavenging, or the difficulty of arranging therein for the drainage or scavenging of any such buildings or blocks or area as aforesaid, or
(d) the narrowness, closeness, bad arrangement or had condition of the streets or buildings or
(1) Where the municipality is of opinion that any place used for the disposal of the dead should cease to be so used by reason of its being surrounded by an area developed into a busy locality or being in the vicinity of some source of water supply or there being any religious or communal controversies or is in such a state as to be, or to be likely to become, injurious to health it may submit its opinion with the reasons therefor to the1 [Director] and the 1 [Director thereupon, after such further inquiry, if any, as he shall deem fit to cause to be made by notification direct that such place shall cease to be so used from such date as may be specified in that behalf in the said notification.
(2) A copy of the said notification together with a translation thereof in Gujarati shall be published in the local newspaper, if any, and shall be posted up at the municipal office and in on
(1) Where the municipality is of opinion that any place used for the disposal of the dead should cease to be so used by reason of its being surrounded by an area developed into a busy locality or being in the vicinity of some source of water supply or there being any religious or communal controversies or is in such a state as to be, or to be likely to become, injurious to health it may submit its opinion with the reasons therefor to the1 [Director] and the 1 [Director thereupon, after such further inquiry, if any, as he shall deem fit to cause to be made by notification direct that such place shall cease to be so used from such date as may be specified in that behalf in the said notification.
(2) A copy of the said notification together with a translation thereof in Gujarati shall be published in the local newspaper, if any, and shall be posted up at the municipal office and in on
(1) If it be shown to the satisfaction of the executive committee that any building or place used or intended by any person to be used--
(a) for boiling or storing offal, blood, bones and range,
(b) for salting, curing or storing fish,
(c) for storing hides, horns, or skin,
(d) for tanning,
(e) for the manufacture of leather or leather goods,
(f) for dyeing, . .
(g) for molting tallow or sulphur,
(A) for washing or drying wool or hair,
(i) for manufacturing or preparing by any process whatever, bricks, pottery or line,
(1) No person shall use or employ in any factory or any other place any whistle or trumpet operated by steam or mechanical means for the purpose of summoning or dismissing workmen or persons employed except under and in accordance with the conditions of a licence from the executive committee.
(2) The executive committee may grant such licence subject to such conditions as it may deem fit and may at any time withdraw such licence on giving one month's notice to the licensee :
Provided that where the licensee has contravened any of the conditions of the, licence, the licence may be withdrawn without any such notice.
(3) Whoever uses or employs any such whistle or trumpet as aforesaid without or in contravention of any of the conditions of or after the withdrawal of such licence, shall be punishe
Whoever in any street or public place within the limits of a municipal borough loiters for the purpose of prostitution or importunes any person to the commission of sexualimmorality, shall be punished with fine which may extend to one hundred rupees :
Provided that no Court shall take cognizance of an offence under this section except on the complaint of the person importuned, or of a police officer not below the rank of an officer in charge of police station and specially authorized in this behalf by the district magistrate or by the municipality.
(12) Regulation of pilgrim's lodging houses.
(1) No person shall, in any municipal borough which the State Government shall have declared by notification to be pilgrim centre for the purposes of this section and of clause-(d)of sub-section (1) of section 275 use or permit to be used any place or building for the purpose of lodging pilgrims except under and in accordance with the conditions of a licence from the executive committee.
(2) The executive committee may grant such licence subject to such conditions as it may deem fit and may at any time withdraw such licence on giving one mouth's notice to the licensee :
Provided that where the licensee has contravened any of the conditions of the licence, the licence may be withdrawn without any further notice.
(13) Powers in case of fire
It shall be the duty of all police officers and of all municipal officers and servants to aid a fire-brigade in the execution of its duties. Such officers and servants 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.
(13) Powers in case of fire
It shall be the duty of all police officers and of all municipal officers and servants to aid a fire-brigade in the execution of its duties. Such officers and servants 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) The service of every notice and the presentation of every bill under this Act on any person or to any person to whom it is by name, addressed, shall, in all cases not otherwise specially provided for in this Act, be effected by a municipal officer or servant or other person authorised by the chief officer in this behalf--
(i) if such person resides within the municipal borough--
(a) by giving or tendering the notice or bill to the persons or
(b) if the person is not found, by leaving the same at his last known place of abode, within the municipal borough, or by giving or tendering, the same to some adult member or servant of his family or by registered post under cover bearing the address of the place of abode last known; or
(ii) if such person
Whoever disobeys or fails to comply with any lawful direction given by any written notice issued by or on behalf of a municipality under any power conferred by this Chapter, or fails to comply with the conditions subject to which any permission was given to him by or on behalf of a municipality under any power so conferred, shall, if the disobedience or failure is not an offence punishable under any other section, be punished with fine which may extend to one hundred rupees and with further fine which may extend to ten rupees for every day on which the said disobedience or failure continues after the date, of the first conviction :
Provided that when the notice fixes a time within which a certain act is to be done, and no time is specified in this Act, it shall rest with the Magistrate to determine whether the time so fixed was reasonable time within the meaning of this Act.
Whoever does or omits to do an act in contravention of any provisions of this Act or the bye-laws made there under or the conditions of a licence or permission granted by a municipality under the said provisions or bye-laws shall if such act or omission is not an offence under the said provisions or bye-laws be punished with fine which may extend to one hundred rupees and with further fine which may extend to ten rupees for every day on which act or omission continues after the date of the first conviction.
(1) Where under the provisions of this Act any work is required to be executed by the owner or occupier of any building or land and default is made in the execution of such work, the municipality, whether any penalty is or is not provided for such default, may, after giving reasonable notice to the owner or occupier and taking into consideration the objections, if any, made within the period specified in the notice, cause such work to be executed; and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to have been executed, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX either in one sum or by installments as to the municipality may seem fit :
Provided that--
Agreement for construetio
Where default is made by the owner of any building, or land in the execution of any work required to be executed by him the occupier of such building or land may, with the approval of the municipality, cause such work to be executed and the expense thereof shall be paid to him by the owner, or the amount may be deducted out of the rent from time to time becoming due from him to such owner.
If the occupier of any building or land prevents the owner thereof from carrying into effect in respect of such building or land any of the provisions of this Act, after notice of his intention so to carry them into effect has been given by the owner to such occupier, any executive Magistrate upon proof thereof, and upon application of the owner, may make and order in writing requiring such occupier to permit the owner to execute all such works, with respect to such building or land as may be necessary for carrying into effect the provisions of this Act, and may also, if he thinks fit, order the occupier to pay to the owner the costs relating to such application or order, and if, after the expiration of eight days from the date of the order, such occupier continue to refuse to permit such owner to execute any such work, such occupier shall for every day during which he so continued to refuse, be punished with fine which may extend to one hundred rupees and every such
A person who by reason of his receiving the rent of any land or building as agent or trustee for another person is an owner within the meaning of clause (18) of section 2 shall not be liable to do anything by this Act required to be done by the owner of such land or building which may involve expenditure on the part of such owner, unless he has funds of, or due to, the owner sufficient to pay for the same and shall not be subject to any penalty for omitting to do such act if he can prove that the default was occasioned by reason of his not having fund of, or due to, the owner sufficient to defray the expense of doing the act required and, where a notice, requisition or order was issued under this Act requiring the owner or occupier of the land or building to do any act as specified in the notice, requisition or order, if he can prove that he had soon after the service of the notice, requisition or order informed the authority issuing the notice, requisition or order
A person who by reason of his receiving the rent of any land or building as agent or trustee for another person is an owner within the meaning of clause (18) of section 2 shall not be liable to do anything by this Act required to be done by the owner of such land or building which may involve expenditure on the part of such owner, unless he has funds of, or due to, the owner sufficient to pay for the same and shall not be subject to any penalty for omitting to do such act if he can prove that the default was occasioned by reason of his not having fund of, or due to, the owner sufficient to defray the expense of doing the act required and, where a notice, requisition or order was issued under this Act requiring the owner or occupier of the land or building to do any act as specified in the notice, requisition or order, if he can prove that he had soon after the service of the notice, requisition or order informed the authority issuing the notice, requisition or order
A person who by reason of his receiving the rent of any land or building as agent or trustee for another person is an owner within the meaning of clause (18) of section 2 shall not be liable to do anything by this Act required to be done by the owner of such land or building which may involve expenditure on the part of such owner, unless he has funds of, or due to, the owner sufficient to pay for the same and shall not be subject to any penalty for omitting to do such act if he can prove that the default was occasioned by reason of his not having fund of, or due to, the owner sufficient to defray the expense of doing the act required and, where a notice, requisition or order was issued under this Act requiring the owner or occupier of the land or building to do any act as specified in the notice, requisition or order, if he can prove that he had soon after the service of the notice, requisition or order informed the authority issuing the notice, requisition or order
A person who by reason of his receiving the rent of any land or building as agent or trustee for another person is an owner within the meaning of clause (18) of section 2 shall not be liable to do anything by this Act required to be done by the owner of such land or building which may involve expenditure on the part of such owner, unless he has funds of, or due to, the owner sufficient to pay for the same and shall not be subject to any penalty for omitting to do such act if he can prove that the default was occasioned by reason of his not having fund of, or due to, the owner sufficient to defray the expense of doing the act required and, where a notice, requisition or order was issued under this Act requiring the owner or occupier of the land or building to do any act as specified in the notice, requisition or order, if he can prove that he had soon after the service of the notice, requisition or order informed the authority issuing the notice, requisition or order
A person who by reason of his receiving the rent of any land or building as agent or trustee for another person is an owner within the meaning of clause (18) of section 2 shall not be liable to do anything by this Act required to be done by the owner of such land or building which may involve expenditure on the part of such owner, unless he has funds of, or due to, the owner sufficient to pay for the same and shall not be subject to any penalty for omitting to do such act if he can prove that the default was occasioned by reason of his not having fund of, or due to, the owner sufficient to defray the expense of doing the act required and, where a notice, requisition or order was issued under this Act requiring the owner or occupier of the land or building to do any act as specified in the notice, requisition or order, if he can prove that he had soon after the service of the notice, requisition or order informed the authority issuing the notice, requisition or order
A person who by reason of his receiving the rent of any land or building as agent or trustee for another person is an owner within the meaning of clause (18) of section 2 shall not be liable to do anything by this Act required to be done by the owner of such land or building which may involve expenditure on the part of such owner, unless he has funds of, or due to, the owner sufficient to pay for the same and shall not be subject to any penalty for omitting to do such act if he can prove that the default was occasioned by reason of his not having fund of, or due to, the owner sufficient to defray the expense of doing the act required and, where a notice, requisition or order was issued under this Act requiring the owner or occupier of the land or building to do any act as specified in the notice, requisition or order, if he can prove that he had soon after the service of the notice, requisition or order informed the authority issuing the notice, requisition or order
In every municipal borough the provisions of the Cattle -trespass Act, 1871, shall cease to apply with effect on and from the date of the commencement of this Act :(I of 1871)
Provided that--
(a) nothing in this section shall affect the liability of any person to any penalty under any law so ceasing to be in force;
(b) any appointment, notification, order or rule made or issued under any such law in respect of any cattle pounds within the limits of such municipal borough shall, so Air any it is not inconsistent with the provisions of this Act, be doomed to have been made or issued under this Act and continue in force until superseded by any notification, order or rule made under this Act;
(c) any cattle pound established in the municipal borough und
(1) Notwithstanding anything contained in any law for the time being in force, every municipality within the limits of its jurisdiction shall, from time to time, appoint such places as it thinks fit to be public pounds, and may appoint such persons to be keepers of such pounds as it may think necessary. The duties of pound keepers shall be such as may be prescribed by the municipality.
(2) Every pound keeper so appointed shall, in the performance of his duties, be subject to the direction and control of the municipality by which lie is appointed.
(1) Whoever, within the limits of a municipality, allows any cattle which are his property or in his charge to stary in any street or to trespass upon any private or public property shall, on conviction, be punished.--
(i) for the first offence, with imprisonment for a term which may extend to one month or with fine which may extend to three hundred rupees or with both ;
(ii) for a second or subsequent offence, with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.
(2) The Magistrate trying the offence under sub-section (1) may order,--
(a) that the accused shall pay such compensation, not exceeding two hundred and fifty rupees as the Magistrate considers reasonable to any pers
(1) It shall be the duty of every Police Officer and a Watch and Ward appointed by the municipality and it shall be lawful for any other, person, to seize and take to any such public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property within the limits of the municipal borough.
(2) Whoever forcibly opposes the seizure of cattle liable to be seized under this Act, and whoever rescues the same after them to a pound, shall, on conviction, be punished with imprisonment for a term not exceeding six months or with fine not exceeding five hundred rupees, or with both.
(1) If within seven days after any cattle have been impounded, no person appearing to be the owner of such cattle offers to pay the pound-fee and expenses chargeable under section 243 such cattle shall be forthwith sold by auction in the manner provided in the rules and the surplus remaining after deducting the fee and expenses afresaid from the proceeds of the sale, shall be paid to any person, who, within fifteen days after the sale, proves to the satisfaction of such officer as the municipality authorises in this behalf that he was the owner of such cattle and shall, in any other case, form part of the municipal fund. If the impounded cattle cannot be sold by auction, the municipality may dispose it of by entrusting it to any Panjarapole or such other institution free of charge. In such case the expenses chargeable under section 243 and other incidental expenses shall be borne by the municipality.
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(1) The pound-fee chargeable shall be such as the State Government may from time to time by notification in the Official Gazette specify for each kind of cattle.
(2) The expenses chargeable shall be at such rates for each day during any part of which any cattle is impounded, as shall from time to time be fixed by the municipality.
(1) Any person, whose cattle have been seized under this Act or Laving been so seized, have been detained in contravention of this Act may, at any time within ten days from the date of the seizure, make a complaint to the Magistrate of the first class.
(2) The complaint shall be made by the complainant in person, or by an. agent personally acquainted with the circumstances. If the Magistrate on examining the complainant or his agent sees reason to believe the complaint to be well founded, he shall summon the person complained against, and make an enquiry into the case.
(3) If the seizure or detention be adjudged illegal, the Magistrate shall award to the complainant for the loss caused by the seizure or detention, reasonable compensation not exceeding one hundred rupees to be paid by the person who made the seizure or detained the cattle
(1) In any municipal borough, to which the State Government may by notification in the Official Gazette, apply this section, every pound-keeper shall, before releasing any impounded cattle, require the owner of the impounded, cattle or his agent to make, in the form prescribed by rules a declaration regarding the ownership of such cattle and to deposit by way of security such sum as may be prescribed. Progressively increasing scales may be prescribed in the rules made by the State Government in respect of cattle belonging to or kept by the same person according to the number of cattle impounded at a time and the number of times the cattle are impounded and different scales may be prescribed for different municipalities.
(2) If any cattle belonging to such owner are impounded within a period of six months from the date on which the security is deposited, and if the seizure is not ad
(1) Subject to the provisions of sub-section (3) the chief officer may, and where the executive committee so requires shall, direct any prosecution for any public nuisance whatever and order proceedings to be taken for the recovery of any penalties and for the punishment of any persons offending against the provisions of this Act or of any rule or by-law there under and shall order the expenses of such prosecutions or other proceedings to be paid out of the municipal fund :
Provided that no prosecution for an offence under this Act or bye-laws framed there under shall be instituted except within six months next after the date of the commission of the offence or, 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.
Jurisdiction of magistrate; recovery of co
No distress levied or attachment made by virtue of this Act shall be deemed unlawful nor shall any party making the same be deemed a trespasser, on, account of any defect or want of form in any summons, conviction, or warrant of distress or attachment or other proceeding relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him; but; all persons aggrived by such irregularity may recover full satisfaction for the special damage in any Court of competent jurisdiction.
If through any act, neglect or default, on account whereof any person shall have incurred any penalty imposed by or under this Act, any damage to the property of a municipality shall have been committed by such person, he shall be liable to make good such damage as well as to pay such penalty and the amount of damage shall, in case of dispute, be determined by the Magistrate by whom the person incurring such penalty is convicted; and on non-payment of such damage on demand the same shall be levied by distress, and such Magistrate shall issue his warrant accordingly.
In lieu of any process of recovery allowed by or under this Act or in case of failure to realise by such process the whole or any part of any amount recoverable under the provisions of Chapter IX, or of any compensation, expenses, charges or damages payable under this Act, it shall be lawful for a municipality to sue in any Court of competent jurisdiction the person liable to pay the same.
(1) A municipality may sue in any Court of competent jurisdiction any person who may have in any way caused or may appear likely to cause any injury to any property , rights or privileges of the municipality.
(2) A municipality may compound or compromise in respect of any suit instituted by or against it, or, in respect of any claim or demand arising out of any contract entered into by it under this Act, for such sum of money or other compensation as it shall deem sufficient :
Provided that, if any sanction in the making of any contract is required by this Act, the like previous sanction shall be obtained for compounding or compromising any claim or demand arising out of such contract:
Provided further that if any such suit is in respect of land leased or sold under sub-section (1) of section
For the purpose of the recovery of any amount due on account of rent from any person to a municipality in respect of any land vested in or otherwise held by such municipality, the municipality 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 Land Revenue Code, and the municipality 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.
No suit shall lie in respect of anything in good faith done or intended to be done under this Act against any municipality or against any committee constituted under this Act or against any councillor, officer or servant of a municipality or against any person acting under and in accordance with the directions of any such municipality, committee, officer or servant or of a magistrate.
(1) No suit shall lie against a municipality or against any officer or servant of municipality in respect of any act 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) unless it is instituted within six months next after the accrual of the cause of action; and
(b) until the expiration of one mouth after notice in writing has been, in the case of a municipality, delivered or left at the municipal office and, in the case of an. officer or servant of a municipality, delivered to him or left at his office or place, of abode; and all such notices shall state with reasonable particularity, the cause of action, and the name and place of abode of the intending plaintiff and of his advocate, pleader or agent, if any, for the purpose of the suit.
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Section 253 of the Gujarat Municipalities Act, 1963, provides a statutory limitation and procedural framework governing suits against municipalities, their officers, and servants for acts done in pursuance of their official duties. It aims to protect municipal authorities from frivolous or delayed litigation while ensuring due process through notice requirements.
In summary, Section 253 of the Gujarat Municipalities Act, 1963, balances immunity for municipal acts performed in good faith within jurisdiction with the right to challenge illegal, ultra vires acts at any time, irrespective of limitation. Procedural compliance, especially regarding notice, is crucial for protection under this section. Acts beyond jurisdiction or performed unlawfully are nullities and can be challenged without time constraints.
When any person who is or had been a president or vice-president or councillor of a municipality is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the State Government or any officer authorised by the State Government in this behalf.
(1) Any Police-officer may arrest any person committing in his view any offence against any of the provisions of this Act or of any bye-law there under, if the name and address of such person is unknown to him, and if he declines to give his name and address or if the Police-officer has reason to doubt the accuracy of such name and address if given; and such person may be detained at a police station until his name and address has been correctly ascertained:
Provided that no person arrested shrill be detained without the order of a Magistrate longer than shall be necessary for bringing him before Magistrate, or than twenty-four hours at the utmost.
(2) It shall also be the duty of all Police-officers to give immediate information to the municipality of the commission of any offence against the provisions of this Act or of any bye-Jaw the
(1) For the purpose of enabling the municipalities to discharge their functions and duties under this Act, it shall be lawful for the State Government to direct by a general or special order that such number of officers of the All India Service and of officers of the State Service except officers of class IV Service shall be posted under such municipality and for such period and subject to such conditions as may be specified in the order and accordingly the officers specified in the order shall be posted under such municipality.
(2) The pay and allowances of an officer posted in accordance with sub-section (1) shall, during the period of posting, be paid by the municipality from its fund.
(1) The1[Director], Collector or any officer of Government authorized by the State Government by a general or special order shall have powers-
(a) to enter on and inspect, or cause to be entered on and inspected, any immovable property occupied by any municipality or any institution under its control or management or any work in progress under it or under its direction;
(b) to call for or inspect any extract from any municipality's or any committee's proceedings and any book or documents in the possession of or under the control of a municipality.
(2) The Collector shall have power-
(a) to call for any return, statement, account, report or record which he may think fit to require such municipality to furnish;
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(1) If, in the opinion of the Collector, the execution, of any order or resolution of a municipality, or the doing of anything which is about to be done or is being done by or on behalf of a municipality, in causing or is likely to cause injury or annoyance to the public or to lead to a breach of the peace or is unlawful, he may by order in writing under his signature suspend the execution or prohibit the doing thereof and where the execution of any work in. pursuance of the order or resolution of the municipality is already commenced or completed direct the municipality to restore the position in which it was before the commencement of the work.
(2) When the Collector makes any order under this section lie shall forthwith forward to the municipality affected thereby a copy of the order with a statement of the reasons for making it and also submit a, report to the State Government
(1) In cases of emergency the Collector may provide for the execution of any work, or the doing of any act, which may be executed or done by or on behalf of a municipality and the immediate execution or doing of which is, in his opinion, necessary for the health or safety of the public; and may direct that the reasonable expense of executing the work or doing the act, with a reasonable remuneration to the person appointed to execute or do it, shall, be forthwith paid by the municipality.
(2) If the expense and remuneration are not so paid, the Collector may make an order directing any person, who for the time being has custody of any moneys on behalf of the municipality, as its officer, treasurer, banker or otherwise, to pay such expense and remuneration from such moneys as he may have in his hands or may from time to time receive, and such person shall be bound to obey such order.
Power of1[director] to prevent extravagance in employment of establishment.
If in the opinion of the1[Director] the number of persons who are employed by a municipality as officers or servants, or whom a municipality propones to employ or the2[renumeration] assigned by the municipality to those personal or to any particular person is excessive the municipality shall, on the requirement of the1[Director] reduce the number of the said persons or the2[renumberation] of the said. person or persons:
Provided that the municipality may appeal against any such requirement to the State Government whose decision shall be conclusive.
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1. This word was substituted for the words "Development Commissioner" by guj. 6 of 1969, Section 5.
(1) The State Government may after giving the municipality an opportunity of being heard order an inquiry to be held by any officer appointed by it in this behalf into any matters concerning the municipal administration of any municipal borough or any matters with respect to which its sanction, approval or consult is required under this Act.
(2) The officer holding such inquiry shall for the purposes thereof have the powers which are vested in a Court under the Code of Civil Procedure, 1908 (V of 1908) in respect of the following matters:--
(a) discovery and inspection,
(b) enforcing the attendance of witnesses, and requiring the deposits of their expenses,
(c) compelling the production of documents,
(d)
(1) When the State Government is informed, on complaint made or otherwise, that default, has been made in the performance of any duty imposed on a municipality by or under this Act or by or under an enactment for the time being in force, the State Government, if satisfied after due inquiry that the alleged default has been made, may direct the1[Director] to fix a period for the performance of that duty.
(2) If that duty is not performed within the period so fixed, the1[Director] may appoint some person to perform it, and may direct that the expense of performing it, with a reasonable remuneration to the person appointed to perform it, shall be forthwith paid by the municipality.
(3) If the expense and remuneration are not so paid, the1[Director] may make an order directing the bank in which any moneys of the municipality are deposited or
(1) If, in the opinion of the State Government, a municipality is not competent to perform, or deliberately makes default in the performance of, the duties imposed on it by or under this Act, or otherwise by law or exceeds or abuses its powers, the State Government may, after giving the municipality an opportunity to render an explanation, by an order published, with the reasons therefore, in the Official Gazelle declare the municipality to be incompetent or in default, or to have exceeded or abused its powers, as the case may be, and may dissolve such municipality or supersede it for such period not exceeding two years as may be specified in the order. Such period may extend beyond the term for which the councillors of the municipality would have held office under section 8, if the municipality had not been superseded under this section;
1 [Provided that the period of supersession
1[263A. Power of state government to appoint officer to exercise and perform the duties of municipality when elections cannot be held for reconstituting it.
(1) Notwithstanding anything contained in this Act or the rules or bye-laws made there under, if in respect of any municipality the State Government is satisfied, at any time before or after the date on which it is or has become liable to be reconstituted on account of expiry of the term of its councillor or otherwise, notwithstanding that the Central Government has taken census under the Census Act, 1948 it is not possible to hold elections within reasonable period for the reconstitution of that municipality in accordance with the relevant figures of the census so taken by reason of the fact that.
(a) the relevant figures are act available to the State Government for being notified
In all matters, connected wish this Act, the State Government, and Collectors shall, respectively, have and exercise the same authority and control over Collectors and their subordinates as in matters of general and revenue administration.
(1) The State Government may by notification declare that with respect to some or all of the matters upon which a municipal fund may be expanded under this Act, improved arrangements are retired within a specified area, which, nevertheless, it is not expedient to constitute as a municipal borough under section 4.
(2) An area in regard to which a notification has been issued under subsection (1) is hereinafter called a, notified art a.
(1) The State Government may, by notification in the Official Gazette,-
(a) apply or adapt to any notified area the provisions of any section of this Act, or part of any such section, or of any rules in force or which can be imposed in any municipal borough under the provisions, of this Act, subject to such restrictions and modifications, if any, as it may think fit;
(b) impose in any such area any tax, which might be imposed therein under the provisions of this Act if the said area were a municipal borough;
(c) appoint a person or a committee for the purposes of the assessment and recovery of any tax imposed under clause (6), and in order to arrange for the due expenditure of the proceeds of such, taxes, and for the preparation and maintenance of proper accounts, and generally for enforcing t
For the purposes of any section of this Act which may be applied to a notified area, the person or committee appointed for such area under section 264B shall be deemed to be a Municipality under thin Act, and the area shall be deemed to be a municipal borough.
(1) Before issuing any notification under sub-section (1) of section 264A or under clause (a) or (6) of sub-section (1) of section 264B, the State Government shall, so far as may be, follow the procedure prescribed in section 4.
(2) The State Government may at any time cancel any notification issued under section 264A or 264B.
(1) When by reason of the cancellation under sub-section (2)of section 264D, of a notification issued under section 264A or 264B, any area ceases to be a notified area, the property (including arrears of taxes) and rights which, prior to such cancellation, vested in the persons or committee appointed for such, area under clause (c) of sub-section (1) of section 264B shall, subject to all charges and liabilities affecting the same vest in the local authority, if any, constituted for such area or within the limits of which such area is included, or if there be no such local authority, in the State Government.
(2) Any arrears of taxes vesting in a local authority under sub-section (1) shall be recoverable under the provisions of the Act under which such local authority is constituted as if the taxes were imposed and recoverable under that Act:
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In this Chapter, unless the context otherwise requires,
(a) "appointed day" means the day from which a change referred to in any of the clauses (a) to (d) of sub-section (1) of section 266 takes effect;
(b) "existing local authority", in relation to any local area, means the municipality or the panchayat;
(c) "successor local authority", in relation to any local area, means the municipality or the panchayat :
(d) "the panchayat" means a gram or nagar panchayat established or deemed to be established under the Gujarat Panchayats Act, 1961.(Guj. VI of 1962)
(1) When--
(a) any local area is added to a municipal borough ;
(b) any local area is excluded from a municipal borough ;
(c) two or more municipal boroughs are amalgamated into one municipal borough; or
(d) a municipal borough is split up into two or more municipal boroughs, the State Government may, notwithstanding anything contained in this Actor any other law for the time being in force, by an order published in the Official Gazette, provide for all or any of the following matters, namely:-
(i) in a case falling under clause (a), the interim increase in the number of councillors, either by appointment of the additional councillors by the State Government or by election by the members of the existing p
For purposes or this Chapter, unless the context otherwise requires-
(a) "gram." means a gram formed or an area deemed to be a gram, under the Panchayats Act ;
(b) "gram Pasnchayat" menus a gram panchayat constituted or deemed to be constituted for a gram and includes a person or persons appointed to exercise the powers and perform the functions of a gram panchayat under the Panchayats Act ;
(c) "nagar" means a nagar formed under the Panchayats Act ;
(d) "nagar panchayat" means a nagar panchayat constituted for a nagar and includes a person or persons appointed to exercise the powers and perform the functions of a nagar panchayat under the Panchayats Act ;
(e) "panchayat" means a gram panchayat or a nagar
Where under sub-section (1) of section 4A an area comprised in a nagar becomes a municipal borough or under sub-section (2) or sub-section (3) of section 4A an area comprised in a gram or a nagar is declared to be, a municipal borough, then with effect from the date on which such local area becomes or is so declared to be a municipal borough (in this section referred to as "the said date"), the following consequences, shall, notwithstanding anything contained in this Act or the Panchayats Act, ensue that is to say--
(a) the panchayat functioning in the local area shall stand dissolved and the Sarpanch and the Upasarpanch or as the case may be, the Chairman and the Vice-Chairman and all other members of such panchayat shall vacate their offices ;
(b) (i) the member elected by the gram panchayat of the gram shall cease to be the member of
Where under sub-section (4) of section 4A any area comprised in a nagar and a gram or grams or in to or more grams is declared as a municipal borough, the provisions of section 266B shall apply as if--
(a) reference to "local area" in that section shall, unless the context otherwise requires, mean the local area comprising the area of such nagar and gram or grams or two or more grams ;
(b) reference to "the panchayat functioning in the local area" in clause (a) of that section shall mean every gram panchayat or nagar panchayat functioning in the local area; and the words "dissolved panchayat" in that section shall be construed accordingly.
(1) The Collector shall, within a period not exceeding one year from the date on which the interim municipality has been constituted take steps to hold election for a new municipality.
1[Provided that the State Government may, from time to time by an order published in the Official Gazette, extend the period of one year referred to in this sub-section by a further period not exceeding one year in the aggregate on account of conditions or circumstances created by disturbance of public order, or by any natural calamity or by any other cause whatsoever which in the opinion of the State Government is sufficient.]
2[Provided further that the State Government may, from time to time, by an order published in the Official Gazette, extend the period of one year referred to in sub-section (1) or, as the case may be, in the first proviso, by a furt
If any difficulty arises in giving effect to the provisions of this Chapter, the State Government may, by notification in the Official Gazette, make any order in relation to an area comprised in a gram or nagar which becomes or is declared to be a municipal borough under section 4A, not inconsistent with the provisions of this Act, which appears to it to be necessary for the purpose of removing the difficulty :
Provided that no such order shall be made after the expiry of two years from the date on which the area comprised in a nagar becomes or is declared to be a municipal borough :
Provided further that every such order shall, as soon as may be after it is made, be laid before the State Legislature].
It shall be lawful for the president, vice-president, chief officer or any officer authorised by the chief officer for such purpose, to enter for any purpose of this Act, between sunrise and sunset, with such assistants as he may deem necessary, into and upon any building or land :
Provided that except when herein otherwise provided, no building or land which may be occupied at the time shall be entered unless with the consent of the occupier thereof, without twenty-four hours' written notice thereof having been given to the said occupier :
Provided also that in the case of buildings used as human dwellings, due regard shall be paid to the social and religious customs of the occupiers.
(1) Save as expressly provided in section 26 if an agreement is not arrived at with respect to any compensation or damages which are by this Act directed to be paid, the amount and if necessary the apportionment of the same shall be ascertained and determined by a panchayat of five persons, of whom two shall be appointed by the municipality, two by the party to or from whom such compensation or damages may be payable or recoverable, and one, who shall be sarpanch, shall be selected by the members already appointed as above.
(2) If either party or both parties fail to appoint members or if the members fail to select a sarpanch within one mouth from the date of either party receiving written notice from the other of claim to such compensation or damages, such members as may be necessary to constitute the panchayat shall be appointed, at the instance of either party, by the District J
If a dispute arises with respect to any costs or expenses which are by this Act directed to be paid, the amount, and if necessary, the apportionment of the same shall, save where it is otherwise expressly provided in this Act, be ascertained and determined by the executive committee and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX.
(1) Where, on an application from a municipality, the officer authorised in this behalf by the State Government is of the opinion that any person who in his capacity as a councillor, officer, or servant of a municipality had, in his custody any record, money or other property belonging to the municipality is, after his retirement, removal or suspension from office, or on his otherwise ceasing to hold office, as the case may be, not likely to deliver such record or property or pay such money, the officer so authorised may by a written order, require that the record, property or money so detained be delivered or paid to the municipality forthwith.
(2) If any such person as aforesaid shall not deliver the record or property or pay the money as directed, the officer so authorised may cause him to be apprehended and may send him with a warrant in such form as may be prescribed to be con
1[270A. Powers and duties of municipality not validly constututed to be performed by person appointed by government
(1) Notwithstanding anything contained in this Act, or the rules or bye-laws made there under, if at any time a appears to the State Government that a municipality constituted under this Act or continued as new municipality under section 279 has not been validly constituted, the State Government may, by notification in the Official Gazette cause all or any of the powers and duties of the municipality to be performed by such person or persons in such manner and for such period and subject to such conditions as it may think fit.
(3) On the issue of such notification all the councillors shall be deemed to have vacated their office as councillors and the municipality shall be reconstituted in the manner provided in this Act bef
A municipality shall make rules not inconsistent with this Act and the rules or orders made by the State Government under this Act, and may from time to time alter or rescind them--
(a) regulating the conduct of its business and the delegation of any of its powers or duties to any committee or to the chief officer or subject to the provisions of section 54 the powers or duties of any committee to any other committee or to the chief officer and the appointment and constitution of committees under section 55;
(b) prescribing the limitations and restrictions subject to which the Pilgrim committee shall exercise the powers and perform the duties of the municipality in respect of the Pilgrim Fund;
Defining the functions of the president and others.
(c) d
A municipality may, at its discretion, make rules, not inconsistent with this Act and the rules or orders made by State Government under this Act, determining the conditions under which gratuities or compassionate allowances may be paid to the surviving relatives of its officers and servants or any of them who die during service and the amount of such gratuities or compassionate allowances :
Provided that no rule or alteration or rescission of a rule made under this section shall have effect unless and until it has been approved by the State Government.
(1) Notwithstanding anything contained in clause (a) of the proviso to section 271, the approval required to be given in respect of rules framed under clause (d) of section 271 may be given by the1[Director] instead of by the State Government, subject to the condition that any such rules relating to chief officers, health officers or engineers shall require the sanction of the State Government.
(2) Notwithstanding anything contained in clause (a) of the proviso to section 271 or in sub-section (J) of this section, a municipality shall have power to make without sanction a rule under clause (d) of section 271 creating an appointment or increasing the salary of an appointment or granting or increasing an allowance in any case where the salary of such appointment or the amount of such allowance or the amount of such increase, as the case may be, does not involve a charge on the munici
(1) Subject to the requirements of clause (a) of the proviso to section 271 a municipality may, except as otherwise provided in clause (6) of the proviso to section 131 at any time for any sufficient reason, suspend, modify or abolish any existing tax by suspending, altering or rescinding any rule prescribing such tax.
(2) The provisions of Chapter VIII relating to the in position of Taxes shall apply so far as may be to the suspension, modification or abolition of any tax and to the suspension, alteration or rescission of any rule prescribing a tax.
(1) A municipality may from time to time, make, alter or rescind by laws not inconsistent with this Act--
Markets and slaughter houses, etc.
(a) for the regulation and inspection of markets and slaughter houses and all places used by or for animals which are for sale or hire, or the produce of which is sold, and for the proper and cleanly conduct of business therein; and for fixing the rents and other charges to be levied for the use of any of them which belong to the municipality, for regulating the sale of fruit and vegetables in the municipal market or other special places;
Licensing regulating and inspecting certain businesses.
(b) prescribing the conditions on or subject to which and the circumstances in which and the area's or localities in re
The rules and bye-laws for the time being in force shall be kept open to public inspection at the municipal office at all reasonable times; printed copies thereof and of this Act in Gujarati and in English shall be kept on sale at cost price.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may be made--
(a) for the whole or any part of the State of Gujarat and for all or any municipality, and
(b) to provide for all matters expressly required or allowed by this Act to be prescribed by rules.
(3) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.
(4) All rules made under this Act by the State Government shall be laid for not less than thirty days before the State Legislature as soon as possible after t
(1) If in respect of any area within the limits of a municipal borough the State Government is of opinion that the area predominantly consists of unoccupied land or land used for agricultural purposes and is mostly unoccupied by houses other than farm buildings, it may, after consulting the municipality, by notification in the Official Gazette declare the area to be an agricultural area; The declaration shall state the boundaries of the area and the place where the plan of the area may be available for inspection.
(2) On the publication of the declaration, notwithstanding anything contained in this Act, the following consequences shall ensue, that is to say--
(a) the octroi limits of the municipality shall not include the area declared to be an agricultural area;
(b) in the said area, the muni
1[278A. Delegation.
The State Government may, by notification in the Official Gazette, delegate any of its powers, functions or duties under this Act to any of its officers including the Director.]
_______________________________
1. Section 278A was inserted by Guj. 32 of 1965, Section 2.
(1) The Bombay District Municipal Act, 1901 and that Act as adapted and applied to the Saurashtra area of the Gujarat State, and the Bombay Municipal Boroughs Act, 1925, and that Act as adapted and applied to the Saurashtra area of the Gujarat State and that Act as extended to the kutch area of the Gujarat State are hereby repealed.
(2) Notwithstanding the repeal of the said Acts --
(i) any local area declared to be either a municipal borough or municipal district immediately before the date on which this Act comes into force (hereinafter referred to as " the said date ") shall be deemed to be a municipal borough under this Act ;
(ii) the municipalities constituted under the said Acts immediately before the said date (hereinafter called " the old municipalities ") shall be deemed to be municip
If any difficulty arises in first giving effect to the provisions of this Act, the State Government may, as occasion requires, by order do anything which appears to it to be necessary for the purpose of removing the difficulty.
SCHEDULE I.
From of notice
[See clause (b) of section 101]
Notice is hereby given to the inhabitants of the municipal borough of........................that the municipality desire to impose the tax, toll, octroi or cess (as the case may be) defined in the rules appended (in lieu of the, tax known as the ..............................which is published at page...............................of the sanctioned rules1).
Any inhabitant of the municipal borough objecting to the proposed tax may within one month from the date of this notice, send his objection in writing to the municipality
RULES.
1[The rides approved by the Municipality under clause (a) of section 10
SCHEDULE II.
From of notice of transfer to be given when the transfer has been effected by Instrument.
[See section 116].
FROM OF NOTICE OF TRANSFER TO BE GIVEN WHEN THE TRANSFER HAS BEEN EFFECTED BY INSTURMENT
To
THE CHIEF OFFICER,,
Municipality.
I, A, B, hereby give notice as required by section 116 of the Gujarat Municipalities Act, 1963, of the following transfer of property:-
Date of notice Date of instrument. Name of vender or assignor. Name of purchaser or assignee. Amount of consideration. Of what it consists. DESCRIPTION OF THE PROPERTY. If any instrument has been
SCHEDULE III.
[See section 116].
FROM OF NOTICE OF TRANSFER TO BE GIVEN WHEN THE TRANSFER HAS TAKEN PLACE OTHERWISE THAN BY INSTRUMENT.
To
THE CHIEF OFFICER,
Municipality.
I, A, B, hereby give notice as required by section 113 of the Gujarat Municipalities Act, 1963, of the following transfer of property:-
Date of notice. name in which the property is at present entered in the chief officer's record. To whom it is to be transferred. DESCRIPTION OF THE PROPERTY. Remarks
Of what it consists. Situation. Number in Assessment Book. Chief officer's No. Dimensions of land. Bo
SCHEDULE IV.
[See sub-section (3) of section 132]
FROM OF NOTICE OF DEMAND.
To
A, B, .......................... residing at ....................Take notice that the municipality of .................................... demand from .................................................. the sum of .................................. due from ...................... on account of ............................
(Here describe the property or other thing in respect of which the tax is leviable),.
leviable under rule No. ................................. for the period of..............................commencing on the............day of.... 19 , and ending on the .............
SCHEDULE V.
[See sub-section (1) of section 133].
FROM OF WARRANT.
[Here insert the name of the officer charged with the execution of the warrant.]
Whereas A, B, of .....................has not paid, and has not shown satisfactory cause for the non-payment of, the sum of................due for the tax1mentioned in the margin for the period commencing on....the ......................day of .................... 19 and ending with the......................day of................ 19 .........and leviable under rule No. ........................................;
And whereas fifteen days have elapsed since the service on him of notice of demand for the same;
This is to
SCHEDULE VI.
[See clause (c) of sub-section (5) of section 133 and sub-section (1) of section 127.]
FROM OF INVENTORY AND NOTICE.
To
A. B............................. residing at ..........................distrained/attached the goods and chattels/property Take notice that I have this day the specified in the inventory beneath this, for the value of....................... due for the tax1mentioned in the margin for the period commencing with the......................day of..................19................andending with the......................day of....................19....together with Rs.............due as for service of notice of demand and Rs.................due as for issue for warrant and that unless within five days from the day of the d
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