2. The Gujarat Municipalities Act, 1963
• The gujarat municipalities act, 1963 is an act, to consolidate and amend t
he law relating to municipalities in the state of gujarat so as to give them
wider powers in the management of municipal affairs.
• All the provisions of this act relating to the duties, powers, liabilities,
dis-qualifications and disabilities of municipalities shall be applicable
• Municipal boroughs and constitution on municipalities.
• The state government may, by notification in the official news paper, wit
h effect from a date to be specified therein, declare any loeal area to be a
muni- cipal borough
• Each of the local areas which, immediately before the date of the coming
into force of this act, constituted a municipal or municipal district under r
elevant earlier municipal law shall, on and from the said date, be deemed
to be a municipal borough’ constituted under this act.
• Constitution of municipalities
• Every municipality shall consist of elected councilors.
• The number of such councilors are decided by the population that city.
• Election of councilors
• Election offences
• After a general election . to a municipality, the - collector shall call the fi
rst general meeting of the municipality for the election of the preside
nt and the vice-president of the municipality.
• If in the election of the president or the vice-president there is an equalit
y of votes, the result of the election shall be decided by lot to be drawn in
the presence of the collector or the officer presiding in such manner as th
e collector or, as the case may be, the officer -may determine.
• The state government may remove from office a any councilor , any presi
dent or vice-president of a- municipality.
• Low regarding any councilor his term of office leave.
• The state government or any officer authorized by it, may suspend suspe
nsion from office a president or vice-president against whom any criminal
proceedings.
• Any person disabled under section 38 from continuing as councilor eligibil
ity shall be eligible for re elected on his disability ceasing.
3. The Gujarat Municipalities Act, 1963
• Duty of the president of a municipality
• To watch over the financial and executive administration
• To exercise supervision and control over the acts and proceedings of a
ll officers and servants of the municipality
• Duty of the president shall be the duty of the vice-president of a mun
icipality function in the absence of the president.
• For every municipality there shall be a chief officer appointed by the s
tate government.
• Chief officer should be transfer from that municipality by state gove
rnment .
• Chief officer shall be a graduate of a recognized university or a qualifi
ed engineer
• The chief officer duty
• Watch over the financial and executive administration
• Prepare budget and estimate
• Report all fraud and loss of money
• Supervision of presiding of all officer and servant of municipality
• Municipal meetings
• There shall be held four ordinary general meetings in each year for th
e disposal of general business, in the months of january, april, july an
d october, it shall be the duty of the president to fix the dates for all
ordinary general meetings.
• The president and the vice-president fail to call such meeting the chie
f officer shall make a report .Thereof to the collector who shall call th
e meeting on a day not later than thirty days after the presentation o
f such report.
• Seven clear days’ notice of an ordinary general meeting, and three cl
ear days’ notice of a special general meeting.
4. The Gujarat Municipalities Act, 1963
• Special reasons to be mentioned in’ the notice convening the
meeting
• Every meeting shall, in the absence of both the president and vice pr
esident be presided over by such one of the councilors present as ma
y be chosen by the meeting to be chairman for the occasion
• Every meeting shall be open to the public unless the presiding author
ity deems any inquiry or deliberation pending before the municipality
such as should be held in private
• The chief officer shall be present at every meeting of the
municipality.
• Committees
• In every municipality there shall be a committee called the executive
committee consisting of such number of councilors not being more th
an . twelve nor less than six, as the municipality may determine and
elected , by the municipality in accordance with rules.
• In every municipality notified by the state government in this behalf t
here shall be a committee called the pilgrim committee consisting of
four councilors of whom one shall be the president of the municipali
ty and the other three shall be elected in accordance with rules
• In the event of the death, resignation, disqualification, disability or r
emoval of a nominated member previous to the expiry of his term of
office, the vacancy shall be filled up by the appointment of a person t
here to who shall hold office so long only as the person in whose pla
ce he is appointed would have held it if the vacancy had not occurred
• The pilgrim fund account and the pilgrim committee shall, with respe
ct to ,the preparation and submission to the municipality of its annua
l budget
• A municipality may appoint a chairman for a committee of which, the
re is no ex-officio chairman.
• A committee, of which there is no ex-officio chairman or chairman ap
pointed by the municipality, shall appoint from time to time a chairm
an from the members of such committee.
5. The Gujarat Municipalities Act, 1963
• Joint transactions with other bodies
• Joint 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.
• Appointing a chairman
• Framing and modifying rules
• If any difference of opinion arises between bodies having joined or e
ntered , into an agreement for any purpose under this section, the de
cision thereupon of the state government or of such officer as it appo
ints in this behalf, shall be find
• 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 every contract under or for any p
urpose of this act shall be made on of the municipality by the chief off
icer
• Liabilities of councilors, officers and servants
• Every councilor shall he personally liable for the misapplication of an
y fund to which he shall have been a party , councilor to pay to the m
unicipality before a fixed date
• Account
• The municipality, a ,complete account of the expected receipts and ex
penditure for the financial year ending on the 31st march next follow
ing, together with a budget estimate of the income and expenditure
of the municipality for the financial year ,to commence on the 1st apr
il next following.
• The quarterly and. Annual accounts, receipts and expenditure, and t
he budget when sanctioned, shall be open to public inspection, and s
hall be published in such manner as the municipality may prescribe in
this behalf.
6. The Gujarat Municipalities Act, 1963
• Municipal property and fund
• A municipality may acquire and hold properly both moveable and im
movable, whether within or without the limits of the municipal borou
gh.
• All public building , sewage , drain, vehicle ,land , street , street acces
sories , land , material etc. Are municipal property.
• Where any open site or waste, vacant or grazing land vesting in gove
rnment has been vested by government in a municipality whether b
efore or after the commencement of this act, then it shall be lawful fo
r the state government to resume at any time such site or land, if it is
required by it for any public purpose.
• The municipal fund and all property vested in a municipality shall app
lied for purposes of this act within the limits of the municipal boroug
h provided always that it shall be lawful for the municipality with the
sanction of the state government or any officer duly authorized by it i
n this behalf.
• Functions of municipalities
• It shall be the duty of every municipality to make reasonable and ade
quate provision.
• In the sphere of public works
• In the sphere of public health and sanitation
• Public vaccination
• Watering public streets and places
• In the sphere of development
• In the sphere of town planning
• In the sphere of administration
• In the sphere of public –works
• In the sphere of education
7. The Gujarat Municipalities Act, 1963
• Provisions as to Transfer of Certain Functions
• Transfer of functions relating to recovery of land revenue and cesses
under the Land Revenue Code and the law relating to collection of ce
sses.
• Transfer of functions of State Government
• Municipal Taxation
• Imposition of Taxes
• The State Government may refuse the rules submitted
• The municipality may charge, a higher fee by way of penalty for any L
evy of erection, or projection, or for the use or occupation of any publ
ic street or other land vested in the municipality
• Powers of State Government in respect of municipal taxes
• Recovery of Municipal Claims
• any measures precautionary or otherwise, have been taken in respec
t of any such property for the recovery of any sum claimed by the Sta
te Government, any proceedings under this Chapter in respect of suc
h property shall abate.
• the amount claimed from the appellant has been deposited by him in
the municipal office
• financial Assistance to Municipalities
• Every grant under this section shall be made after due appropriation
made by the State Legislature by law in this behalf
• The payment of a grant to a municipality shall be subject to the Condi
tion that if there be any amount due from the municipality to the Sta
te Government, it shall .be lawful for the State Government to recov
er the amount from the municipality by making the deduction from
the amount of the grant payable to the municipality.
8. The Gujarat Municipalities Act, 1963
• Municipal powers and offences
• Powers in respect of streets
• Powers to regulate building
• Powers connected with drainage
• Powers in respect of water-supply
• Powers regarding external structures
• Powers for promotion of public health , safety and convenience
• Power to prevention of nuisance
• Prevention of dangerous diseases
• Regulation of market and sale of food
• Regulation of dairies and cattle sheds
• Regulation of pilgrim’s lodging houses
• Powers in case of fire
• Service of notices, summons, etc., Penalties on fan-compliance there
with and execution of works on default.
• Service of notices, summons, etc., Penalties on fan-compliance there
with
• And execution of works on default
• Power to evict persons from premises 'belonging to
municipality
• Power to evict certain persons from municipal
premises
• Power to recover rent or damages as arrears of land revenue.
• Deduction of rent from salary or wages in certain cases.
Appeal.
9. The Gujarat Municipalities Act, 1963
• Cattle pounds
• Prosecutions, suits and powers of police
• Provisions relating to services
• The pay and allowances of an officer posted in accordance
with subsection
• Control
• The development commissioner, collector or any officer of
govern to enter on and inspect, or cause to be entered on a
nd inspected
• The collector shall have powers to call for any written state
ment, account, report or record which he may think fit to r
equire such municipality to furnish
• Special' provisions applicable when municipal borough lim
its are altered or municipal boroughs are amalgamated wit
h other local authorities or split up into different local aut
horities
• Special provisions for conversion of gram panchayat into m
unicipalities.