GUJARAT MUNICIPALITIES ACT, 1963

GUJARAT MUNICIPALITIES ACT, 1963

S.1 Short title, extent and commencement

S.2 Definitions

S.3 Municipality and Municipal Borough how known in Gujarati

S.4 to 4(a) Municipal Boroughs

S.4 Declaration of municipal boroughs and alteration of their limits

S.4(a) Special provision for declaration of nagar as municipal borough

S.5 to 6 Constitution of Municipalities

S.5 Incorporation of municipalities

S.6 Municipalities to consist of elected councillors

S.7(a)(a) to 15 Election of Councillors

S.7(a)(a) Definitions

S.7 Determination of wards and number of councillors to be elected therefrom

S.8 Term of office of councillors after general elections

S.9 List of voters for every ward

S.9(a) Preparation of list of voters

S.9(b) Persons qualified to be registered as voters

S.9(c) Form of list of voters, etc.

S.9(d) Name of person not to be included in list of voters more than one ward

S.9(e) Name of person not to be included in list of voters for more than once

S.9(f) Period for which a lost of voters shall remain in operation

S.9(g) Staff of municipality to be made available

S.9(h) Jurisdiction of civil courts barred

S.9(i) Making false declaration

S.9(j) Breach of official duty in connection with the preparations, etc. of list of voters

S.10 Persons qualified to vote and be elected

S.11 General disqualifications for becoming a councillor

S.12 General disqualifications of voters

S.13 Right to vote

S.14 Determination of validity of elections

S.15 Voter disqualified for corrupt practice

S.16 to 24 Election Offences

S.16 Prohibition of canvassing in or near polling station

S.17 Penalty for disorderly conduct in or near polling station

S.18 Penalty for mis-conduct at polling station

S.19 Maintenance of secrecy of voting

S.20 Officers, etc., at elections not to act for candidates or to influence voting

S.21 Breaches of official duty in connection with elections

S.22 Removal of ballot papers from polling station to be an offence

S.23 Other offences and penalties therefor

S.24 Prosecution regarding certain offences

S.25 to 30 Requisition of premises for purposes of holding elections

S.25 Requisitioning of premises, vehicles, etc., for municipal elections

S.26 Payment of compensation

S.27 Power to obtain information

S.28 Eviction from requisitioned premises

S.29 Release of premises from requisition

S.30 Penalty for contravention of any order regarding requisitioning

S.31 to 43 Provisions relating to Presidents, Vice-Presidents and Councillors of municipalities

S.31 President and Vice-President

S.32 Election and President and Vice-President

S.33 Term of office of President and Vice-President

S.34 Duty of retiring President etc., to hand over charge of office

S.35 Resignation of President, Vice-President of Councillor

S.36 Motion of no confidence

S.37 Removal from office

S.37(a) Resignation not to affect subsequent disqualification of a councillor

S.38 Disabilities from continuing as a councillor

S.39 Leave of absence

S.40 Suspension of President of Vice-President

S.41 Eligibility of certain members for re-election

S.42 Filling up of vacancies

S.43 Vacancy in Municipality, etc., not to invalidate its proceedings

S.44 to 46 Municipal Government. Functions of president or vice-president

S.44 Municipal Government vests in the municipalities

S.45 Functions of President

S.46 Functions of Vice-President

S.47 to 50(a) Chief officer and other officers

S.47 Appointment of chief officer, health officer and engineer

S.48 Removal etc. of chief officer, health officer and engineer

S.49 Powers and duties of chief officer

S.50 Power of State Government to require removal of chief officer, health officer, of engineer

S.50(a) Provident Fund to be deposited in Government Treasury

S.51 Provisions in regard to meetings of municipality and procedure

S.52 The chief officer to be present at every meetings of the municipality but not to vote upon or make any proposition

S.53 to 63 Committees

S.53 Executive Committee

S.54 Pilgrim Committee

S.55 Other Committee

S.56 Consultative Committees

S.57 When person other than Councillors may serve on Committees

S.58 Casual Vacancies, re-eligibility

S.59 Ex-officio and appointed Chairman

S.60 Procedure at meetings

S.61 Procedure by circular

S.62 Subordination of committees to municipality

S.63 Powers, duties and functions may be delegated to officers whose expenses may be paid

S.64 Joint committees of local bodies. Joint levy of octroi

S.65 to 68 Contracts

S.65 Powers of Municipality to sell, lease and contract

S.66 Mode of executing contracts

S.67 Tenders to be invited for contracts involving expenditure exceeding Rs. 5,000

S.68 Security when to be taken for performance of contract

S.69 Resource to the Land Acquisition Act, 1864

S.70 to 73 Liabilities of councillors, officers and servants

S.70 Liability of councillors for mis-application

S.71 Officer or servant of municipality not to be interested in contract with such municipality

S.72 Penalty for councillor, officer or servant of a municipality being interested in contract, etc., with that municipality

S.73 Councillors etc., to be deemed public servants

S.74 Acts and proceedings of municipality and committee not vitiated by disqualification, etc., of members thereof

S.75 Accounts to be kept

S.76 Presentation of Accounts, budget estimates

S.77 Audit of Accounts

S.78 Transaction of accounts to State Government

S.79 Publication of accounts

S.80 Power to acquire and hold property for the purposes of the Act

S.81 Decision of claims to property by or against the municipality

S.82 Municipal Fund

S.83 Application of municipal property and funds within and without the municipal borough

S.84 Power of municipality to extend service to persons or properties outside its limits when authorised by Government

S.85 Extension by Municipality of its services etc., to area outside its limits

S.86 Deposit of funds and investment of surplus funds

S.87 Duties of municipalities

S.88 Provision for anti-rabic treatment of indigent persons

S.89 Provisions for lunatios and Lepers

S.90 Analysis and inspection of water supplied through pipes

S.91 Discretionary functions

S.92 Arrangements purporting to be binding permanently of for a term of years

S.93 to 97 Transfer of functions relating to recovery of land revenue and cesses under the Land Revenue Code and the law relating to collection of cesses

S.93 Recovery of land revenue by municipalities

S.94 Responsibility of the municipalities

S.95 Conferment of powers and duties for collection of land revenue on municipalities

S.96 Right of State Government to collect land revenue unaffected

S.97 Collector to appoint officer on suspension of powers of municipality

S.98 Transfer of functions of State Government to municipalities

S.98(a) Levy of fifty paise cess on every rupee of land revenue

S.98(b) Levy of cess on water rate

S.98(c) Manner of lavying cess described in section 98A

S.98(d) Manner of levying cess described in section 98B

S.98(e) Collection and credit of local cess on land revenue and water rates

S.98(f) Suspension and remission of local cess

S.99 to 104 Imposition of Taxes

S.99 Taxes which may be imposed

S.100 Payment to be made to the municipality in lieu of a tax on buildings by the Government or district panchaytat or taluka panchayat concerned

S.101 Procedure preliminary to imposing tax

S.102 Power to sanction, modify and impose conditions

S.103 Publication of sanctioned rules with notice

S.104 Municipalities empowered by the State Government to levy tax or vary amount or rate of tax

S.105 to 117 Assessment of land liability to taxes on buildings or lands

S.105 Preparations of an assessment list

S.106 Person primarily liable of a tax on buildings or lands or both how to be designated if his name cannot be ascertained

S.107 Publication of notice of assessment list

S.108 Public notice of time fixed for lodging objections

S.109 Amendment of assessment list

S.110 Notice to be given to the executive committee of demolition or removal of building

S.111 New assessment list need not be prepared every year

S.112 Power of State Government to appoint person to authenticate list in case of default by municipality

S.113 Tax from whom primarily levialbe

S.114 Remission of tax in case vacancies when obligaroty

S.115 Notice to be given to the chief officer of all transfers of title of person primarily liable to payment of tax on buildings or lands

S.116 Form of notice

S.117 Liability for payment of tax on buildings or land or both to continue in absence of any notice of transfer

S.118 Fees may be charged for certain licences

S.119 to 120 Special provision relating to certaintaxes

S.119 Fixed charges and aggreements for payment n lieu of taxes for water supplied

S.120 Taxes on pilgrims nay be assigned in part to panchayats

S.121 to 129 Octroi and Tolls

S.121 Power to take effectual measures to prevent entry without payment of octroi

S.122 Octroi bye-laws to be submitted with proposal for imposition of octroi

S.123 Power to examine articles liable to octroi

S.124 Presentation of bills for octroi

S.125 Penalty for evasion of octroi

S.126 Tables of tolls to be shown on demand

S.127 Power to seize vehicle or animal or goods on non-payment of octroi or toll

S.128 Power to keep account current with person, firm or public body n lieu of levying octroi on introduction of goods

S.129 Collection of octroi by one public one public body on behalf of others

S.130 to 131 Powers of State Government in respect of municipal taxes

S.130 Power of State Government to suspend levy of objectionable taxes

S.131 Power of State Government to require municipalities to impose taxes

S.132 Presentation of bill for taxes

S.133 Coercive measures for recovery of municipal claims

S.134 Sale of goods distrained in special order

S.135 Sale outside municipal borough

S.136 Fees and costs chargeable

S.137 Summary proceedings may be taken against persons, about to leave the borough

S.138 Appeals to Magistrates

S.139 Entries in the assessment list and taxes and decisions to be final

S.140 Liability of land, buildings, etc., for taxes

S.141 Receipts to be given for all payments

S.142 Certain amounts to be recovered as arrears of land revenue

S.143 Rebate in respect of cost of collection of land revenue etc.

S.144 Power of Government to make grants

S.145 Condition of grant

S.146 Powers regarding public streets

S.147 Power to require repair etc., of private streets

S.148 Power to declare any street a public street subject to objections by the owners

S.149 New private streets

S.150 Regular line of a public street

S.151 to 159 Powers to regulate buildings, etc.

S.151 Setting back projecting buildings

S.152 Setting forward to regular line of street

S.153 Roofs and external wall of buildings not to be made of inflammable materails

S.154 Level of buildings

S.155 Notice of new buildings

S.156 Power of municipality to refuse permission

S.157 Completion certificates permission to occupy or use

S.158 Regulation of huts

S.159 Improvement of huts

S.160 Municipal control over drains etc

S.161 Power for making and repairing drains

S.162 Power of require sufficient drainage of houses

S.163 New building not be erected without drains

S.164 Power of owners and occupiers of building or lands to drain into municipal drains

S.165 Right to carry drain through land or into drain belonging to other person

S.166 Right of owner of land through which drain is carried in regard to subsequent building thereon

S.167 Provisions of privies etc

S.167(a) Power of chief officer to require owner to provide water closet or privy accommodation

S.168 Power to require owners to keep drains etc in proper order or to demolish or close privy or cesspool

S.169 power to close existing private drains

S.170 Power in respect of sewers etc. unautherizedly construeted, rebuilt, or unstopped

S.171 Encroachments on municipal drains

S.172 Inspection of drains etc

S.173 Executive committee may execute certain works under this sub-chapter without allowing option to person executing the same .Expenses in such cases by whom to be paid

S.174 Pipes of carrying water mains

S.175 Power of carrying water mains

S.176 to 181 Powers regarding external structures, etc

S.176 Permission nacessary for certain projections

S.177 Troughs and pipes for rain water

S.178 Fixing of lamps, brackets, etc., to houses

S.179 Naming streets and numbering of premisese; penalty for dafacing etc

S.180 Penalty for defacing building etc

S.181 Removal and trimming of hedges, trees etc

S.182 to 191 Power for promotion of public health, safety and convenience

S.182 Ruinous or dangerous buildings; precautionary measures

S.183 Power and duties with regard to dangerous, stagnant or insanitary sources of water supply

S.184 Displacing pavements, etc

S.185 Obstructions and eneroachments upon public streets and any open spaces

S.186 Hoards to be set up during repairs, etc

S.187 Fencing and lighting during repairs, etc

S.188 Timber not be deposited or hole made in street without permission

S.189 Dangerous quarrying

S.190 Provision as to dogs

S.191 Provision as to keeping of pigs

S.192 to 206 Powers for the prevention of nuisances

S.192 Depositing dust, etc, committing nuisance

S.193 Discharging sewage, etc

S.194 Non-removal of fiflth, etc

S.195 Removal of night-soil

S.196 Filthy buildings,etc

S.197 Buildings or rooms in buildings unfit for human habitation

S.198 Power to enter and inspect, etc, buildings

S.199 Bathing places

S.200 Regulation of washing of clothes by washermen

S.201 Fouling water

S.202 Abatement of nuisance from wells, etc

S.203 Using offensive manure, etc

S.204 Tethering cattle, etc

S.205 Feeding animals on filth

S.206 Consumption of smoke

S.207 to 212 Regulation of market, sale of foods, etc

S.207 Licensing markets a slaughter houses

S.208 Opening, closing and letting of markets and salughte houses

S.209 Power to remove persons from munioiral marke to

S.210 Slaughter houses etc,beyond municlpai limits

S.211 Search for and inspection of unwhole some articles

S.212 Power of inspection of weights and measure, etc

S.213 Licensing of dairies

S.214 to 220 Prevention of dangerous diseases

S.214 Powers to prevent disease which may at any time be conferred

S.215 Duties of municipality en threateneil or actual outbreak of dengeerous diseases

S.216 With drawal and modifie bationof powers and orders

S.217 Duties of municipality in respect of diseases among cattle

S.218 Proceedings to abate the overcrowding of the interiors of building

S.219 Special powers which may be conferred by the state government in respect of vererowed area

S.220 Closing of places for disposal of the dead

S.221 to 223 Nuisances from certain trades and occupations

S.221 Regulation of certain trades

S.222 Prohibition of use of steam whistles, etc

S.223 Loitering or importu ning for purpose of prostitution

S.224 Pilgrims lodging houses

S.225 Police and municipal officers to aid fire brigade

S.226 to 232 Service of notices, summons, etc., penalties on non-compliance therewith and execution of works on default

S.226 Service of notice, etc addressed to individuals

S.227 Punishments for disobedience of order and punishable under any other section

S.228 General penalty

S.229 Municipality in default of owner or occupier may works and recover expenses

S.230 Occupier in default of owner, may execute works, and deduct expenses from his rent

S.231 Proceedings if any occupier opposes the exceution of the Act

S.232 Liability of persons receiving rent as owners subject to availability of funds

S.233 Power to evict certain persons from municipal promises (Repealed)

S.234 Power to recover rent or damages as arrears of land revenue (Repealed)

S.235 Deduction of rent from salary or wages in certain cases (Repealed)

S.236 Appeal (Repealed)

S.237 Bar of Jurisdiction of Civil Courts.] Repealed by Guj. 12 of 1978. S. 19 (Repealed)

S.238 Cattle-trespass act to cease to apply

S.239 Power to establish cattle pounds and appoint pound keepers

S.240 Penalty for allowing cattle to stray in street o to trespass upon private or public property

S.241 Power to establish cattle pounds and appoint pound keepers

S.242 Impounding of cattle

S.243 Pound fees and expenses chargeable to be fixed

S.244 Complaints of illegalseizure or detention

S.245 Security in respect of impounded cattle

S.246 Municipality may prosecute

S.247 Distress lawful though defective in form

S.248 Damage to municipal property how made good

S.249 Alternative procedure by suit

S.250 Power to sue, compromise and pay compensation

S.251 Assistance for the recovery of rent on land

S.252 Bar of suits against municipality its officers, servants etc, for acts done in good faith

S.253 Limitation of suit against municipality its officers and servants for acts done in pursuance of execution of this Act

S.254 Precious sanetion for prosecution against president or vice president of councillor

S.255 Powers of police officers

S.256 Posting under municipalities of officers and servants in state service

S.257 Power of inspection and supervision

S.258 Powers of collector to suspend execution of orders etc, of municipalities

S.259 Extra- ordinary powers of collector in case of emergency

S.260 Power of 1[director] to prevent extravagance in employment of establishment

S.261 Inquiry in to municipal by state government

S.262 Power of state government to provide for performance of duties on default by municipality

S.263 Power of state government to dissolve or supersede municipality in case of incompetency, defualt or abuso of power

S.263(a) Power of state government to appoint officer to exercise and perform the duties of municipality when elections cannot be held for reconstituting it

S.264 Powers of state government over collectors, etc

S.264(a) Constitution of notified areas

S.264(b) Power of state government to impose taxation and regulate expenditure of the proceed there of

S.264(c) Application of Act to notified

S.264(d) Preliminaries to notification

S.264(e) Vesting recovery and application of property rights and liabilities of persons or committees appointed for areas ceasing to be notified area

S.265 Interpretation

S.266 Power of state government to make suitable provisions by order when a municipal borough altered

S.266(a) Interpretation

S.266(b) Effect of conversion of nagar panchayat into municipality

S.266(c) Application of section 266B in certain cases

S.266(d) Interimmunicipalities

S.266(e) Powers to remove difficulties

S.267 Entry for purpose of the Act

S.268 Arbitration in case of compensation etc

S.269 Costs or expenses how determined and recovered

S.270 Power of authorised officer to recover record, money or other property

S.270(a) Powers and duties of municipality not validly constututed to be performed by person appointed by government

S.271 Municipalities to make rules

S.272 Discretionary power to make rules

S.273 Rules made with approval of 1[Director] or without approval

S.274 Power to suspend reduce or abolish any existing tax

S.275 Power to make byelaws

S.276 Rules and bye-laws to be printed and sold

S.277 Powers of state government to make rules

S.278 Special priovisions for agricultural area

S.278(a) Delegation

S.279 Repeal

S.280 Removal of difficulties

Sch.1 SCHEDULE I

Sch.2 SCHEDULE II

Sch.3 SCHEDULE III

Sch.4 SCHEDULE IV

Sch.5 SCHEDULE V

Sch.6 SCHEDULE VI

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