S.1 Short title and commencement

       (1) This Act may be called the Gujarat Panchayats (Second Amendment) Act. 1965.
       (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Legal Commentary on Gujarat Panchayats (Second Amendment) Act, 1965 - Section 1

Introduction

The Gujarat Panchayats (Second Amendment) Act, 1965, was enacted to amend the Gujarat Panchayats Act, 1961, primarily to increase the rate of local cess and to make consequential changes in the legal framework governing Panchayats. Section 1 of this Act deals with the short title, commencement, and extent of the Act, establishing its legal identity and scope.

What does Section 1 Say

Section 1 of the Gujarat Panchayats (Second Amendment) Act, 1965, states:- (1) The Act may be called the Gujarat Panchayats (Second Amendment) Act, 1965.- (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, specify.

This section authorizes the government to determine the date of enforcement and provides the official nomenclature of the Act.

Essential Ingredients

• Title of the Act: Clear designation as the Gujarat Panchayats (Second Amendment) Act, 1965.
• Enabling Provision for Commencement: The Act does not specify a fixed date but empowers the State Government to notify the date of enforcement.
• Scope of Application: The Act applies within the territorial limits of Gujarat, specifically to amend the Gujarat Panchayats Act, 1961.

Scope of Section 1

• Legal Identity: Establishes the Act as a legislative instrument for amending the Gujarat Panchayats Act, 1961.
• Commencement Power: Grants the State Government authority to notify the date of enforcement, allowing flexibility to implement the amendments at an appropriate time.
• Territorial Extent: The Act applies to the entire State of Gujarat, as per the provisions of the parent Act.

Punishment for Section

Section 1 itself does not prescribe any punishment. It merely provides the framework for the Act's title and commencement. Any violations or non-compliance concerning the notification of commencement would be subject to the provisions of the general law, including penalties under the parent Act or other applicable statutes.

Legal Comments (from given sources)

• "Title and Commencement" - The section authorizes the Act's name and empowers the government to specify the enforcement date through notification, ensuring flexible and timely implementation. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Legislative Power" - The power to notify the commencement date is vested in the State Government, which is typical in legislative enactments, allowing for administrative convenience. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Scope of Amendment" - The section indicates that the amendments introduced by this Act are effective from the notified date, which is crucial for legal certainty and enforcement. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "No Fixed Date" - The absence of a fixed commencement date in the Act itself underscores the reliance on the Government's notification, providing flexibility but also requiring proper procedural compliance. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Implication of Notification" - The notification issued under this section is the operative act that brings the amendments into effect; thus, the date specified is of vital importance for legal proceedings. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Scope of Application" - The amendments, once notified, alter the existing legal framework governing Panchayats, affecting their powers, functions, or financial provisions. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "No Automatic Effect" - The section clarifies that the amendments do not automatically come into force; they require a formal notification, aligning with principles of administrative law. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Legal Validity" - The power of the government to notify the commencement date is well-established and generally not subject to judicial review unless exercised arbitrarily or in violation of procedural requirements. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Relation to Parent Act" - The section emphasizes that the amendments are supplementary to the Gujarat Panchayats Act, 1961, and their enforceability depends on the notification. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Procedural Requirements" - The notification should follow the procedure prescribed under the parent Act or relevant rules, ensuring transparency and legality of the commencement. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Legal Certainty" - By delegating the power to notify the enforcement date, the section ensures clarity and flexibility, enabling the government to time the implementation appropriately. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Limitations" - The section does not specify any restrictions on the timing or manner of notification, but the exercise of this power must conform to constitutional and procedural standards. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Impact on Panchayat Governance" - The effective date notified under this section determines when the amended provisions of the Panchayats Act become operative, affecting governance and administrative functions. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Judicial Review" - The courts generally do not interfere with the power of the State Government to notify the commencement date unless the exercise is mala fide or arbitrary. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Legal Doctrine" - The section embodies the principle that legislative amendments require a formal notification to become operative, a common constitutional and administrative law principle. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Constitutional Compatibility" - The section aligns with the constitutional framework, particularly Articles 243 and 246, by allowing the government to implement amendments in a manner consistent with constitutional mandates. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

• "Summary" - Section 1 of the Gujarat Panchayats (Second Amendment) Act, 1965, is a procedural provision that facilitates the effective enforcement of amendments through government notifications, ensuring the amendments' legal validity and timely application within Gujarat. [Source: Gujarat Panchayats (Second Amendment) Act, 1965]

In conclusion, Section 1 of the Gujarat Panchayats (Second Amendment) Act, 1965, functions as a foundational provision that authorizes the government to specify the date of enforcement of the amendments, ensuring their lawful and effective implementation within the constitutional and statutory framework governing Panchayats in Gujarat.

S.2 Amendment of section 169 of Guj. VI of 1962 and date of effect

       (1) In section 169 of the Gujarat Panchayats Act, (Guj. VI of 1962.) 1961,-
       (a) in sub-section (1), for the words "twenty naye paise" the words "fifty paise" shall be substituted, and
       (b) in the marginal note, for the words "twenty naye paise" the words "fifty paise" shall be substituted.
       (2) The amendment made by sub-section (1) shall have effect from the revenue year commencing on the 1st August 1965.