1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 i GOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT The Gujarat Provincial Municipal Corporations Act, 1949 (Bombay Act No. LIX of 1949) (As modified upto the 30th November, 2017) PRINTED IN INDIA BY THE MANAGER GOVERNMENT PRESS, VADODARA. PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING AND STATIONERY, GANDHINAGAR, GUJARAT STATE. 2017 (Price : ` 185-00 ) H-2002–(i) ii Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 iii THE GUJARAT PROVINCIAL MUNICIPAL CORPORATIONS ACT, 1949 CONTENTS. Preamble. Sections. Page No.
CHAPTER I. Preliminary.
1. Short title, extent and commencement. 2
2. Definitions. 2
3. [Deleted.] 10
3A. Consequences on alteration of limites of City. 10
CHAPTER II. Constitution. Municipal Authorities.
4. Municipal authorities charged with the execution of the Act. 12
5. Constitution of Corporation. 12
5A. [Deleted.] 13
6. Duration of Corporation. 13
6A. Term of office of Councillors. 13
6B. Election to constitute the Corporation. 13
6C. Transitory Provision. 14
7. Resignation of office by Councillors. 14
7A. Provision for appointment of Administrator after expiry of normal term of office of Councillors. 14 Qualifications and disqualifications of voters and councillors.
8. List of voters. 14
9. Qualification for election as Councillor. 15
10. Disqualification for being a Councillor. 15
11. Disabilities from continuing as Councillor. 17
12. Questions as to disqualification to be determined by the Judge. 17
13. Liabilities of councillors to removal. 17 Election of Councillors.
14. Election by State Election Commission. 17
15. Casual vacancies how to be filled. 18
16. Election petitions. 18 iv Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX Sections. Page No. Obligation to vote.
16A. Obligation to vote. 19
16B. Declaration of a voter to be a defaulter voter. 20
16C. Valid and sufficient reasons for not voting. 20
16D. Notice. 20
16E. Appeal. 20
17. [Deleted.] 20
18. Procedure if election fails or is set aside. 20
19. Mayor and Deputy Mayor. 20 Honoraria, fees and allowances.
19A. Honoraria, fees or allowances. 21 Standing Committee.
20. Constitution of Standing Committee. 21
21. Appointment of Chairman of Standing Committee. 21
22. Member of Standing Committee absenting himself from meetings to vacate seat. 22
23. Casual vacancies in Standing Committee how to be filled. 22
24. Standing Committee may delegate powers to Special Committee or Sub-Committee. 22 The Transport Committee.
25. Appointment of Transport Committee. 22
26. Disqualification of members of Transport Committee. 23
27. Chairman of Transport Committee. 24
28. Conveyance charges for attendance at meetings of Transport Committee. 24
29. Sub-Committees of Transport Committee. 24
29A. Constitution of Wards Committee. 24 Special and Ad hoc Committees.
30. Special Committees of the Corporation. 25
31. Appointment of Ad hoc Committees. 26 Joint Committees.
32. Joint transactions with other local authorities. 26 Provisions regarding Validity of Proceedings.
33. Vacancy in Corporation, etc. not to invalidate its proceedings. 27
34. Proceedings of Corporation, etc. not vitiated by disqualification, etc. of members thereof. 27
35. Proceedings of meetings to be good and valid until contrary is proved. 27 The Municipal Commissioner.
36. Appointment of the Commissioner. 27
37. Salary of Commissioner. 28
38. Grant of leave of absence to Commissioner and leave allowance. 28
39. Appointment and remuneration of acting Commissioner. 28 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 v Sections. Page No. Transport Manager.
40. Appointment of Transport Manager. 28
41. Leave of Transport Manager. 28 Disqualifications of the Commissioner.
42. Commissioner not to be interested in any contract, etc. with Corporation. 29
CHAPTER III. Proceedings of the Corporation, Standing Committee, Transport Committee and other Bodies.
43. Proceedings of the Corporation, Standing Committee, etc. 29
44. Right to ask questions. 29
CHAPTER IV. Municipal Officers and Servants—Their Appointment and Conditions of Services. City Engineer, Medical Officer of Health, Municipal Chief Auditor, Municipal Secretary, Deputy Municipal Commissioner and Assistant Municipal Commissioner.
45. Appointment of City Engineer, etc. 30
46. Powers and duties of City Engineer and Medical Officer of Health. 30
47. Powers and duties of Municipal Chief Auditor. 30
48. Powers and duties of Municipal Secretary. 31
49. Powers and duties of Deputy or Assistant Municipal Commissioner. 31
50. Conditions of service of statutory officers of Corporation. 32 Other Officers and Servants.
51. Number designations, grades, etc. of other municipal officers and servants. 32
52. Restriction on employment of permanent officers and servants. 33
53. Power of appointment in whom to vest. 33
54. Manner of making appointment. 33
55. Saving in respect of officers and servants appointed under Chapter XX. 34 Imposition of Penalties.
56. Imposition of penalties on municipal officers and servants. 34 vi Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX Sections. Page No. Leave of absence, acting appointments, etc.
57. Leave of absence. 35
58. Acting appointments. 36 Disqualification of municipal officers and servants.
59. Disqualification of municipal officers and servants. 36
60. Occupation of and liability to vacate premises provided by Corporation for municipal 36 officers and servants.
60A. Provident Fund to be deposited in Government Treasury. 37
CHAPTER V. Essential Services.
61. Members of essential services not to resign, etc. without permission. 37
62. Power of State Government to declare emergency. 37
CHAPTER VI. Duties and Powers of the Municipal Authorities and officers. Obligatory and Discretionary Duties of the Corporation.
63. Matters to be provided for by the Corporation. 38
64. Corporation to provide for anti-rabic treatment. 39
65. Corporation to provide for maintenance of lunatics and lepers. 40
66. Matters which may be provided for by Corporation at its descretion. 40 Respective functions of the several Municipal Authorities.
67. Functions of the several municipal authorities. 42
68. Commissioner to exercise powers and perform duties of Corporation under other laws. 43
69. Municipal officers may be empowered to exercise certain of the powers, etc. of the Commissioner 44 or the Transport Manager.
70. Corporation may call for extracts from proceedings, etc. from the standing Committee, etc. 44
71. Corporation may require Commissioner to produce documents and furnish returns, reports, etc. 44
72. Exercise of powers to be subject to sanction by Corporation of the necessary expenditure. 45
CHAPTER VII. Contracts.
73. Power to Commissioner to execute contracts on behalf of Corporation. 45
74. Mode of executing contracts. 46
75. Contracts relating to Transport Undertaking. 46 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 vii
CHAPTER VIII. Municipal Property. Acquisition of Property. Sections. Page No.
76. Powers of Corporation as to acquisition of property. 46
77. Acquisition of immovable property. 47
78. Procedure when immovable property cannot be acquired by agreement. 47 Disposal of Property.
79. Provisions governing the disposal of municipal property. 48
79A. Obligation annexed to property binding on transferee. 49
80. Decision of claims to property by or against the Corporation. 49
81. Power of Corporation to enforce covenants against owner for the time being of land. 49
CHAPTER IX. The Municipal Fund and Other Funds. The Municipal Fund.
82. Constitution of Municipal Fund. 50
83. Commissioner to receive payments on account of Municipal Funds and to lodge them in a bank. 50
84. How the Fund shall be drawn against. 50
85. Deposit of portion of Municipal Fund may be made with bank or agency out of City when convenient. 51
86. Restrictions on expenditure from Municipal Fund. 51
87. Procedure when money not covered by budget-grant is expended under clause (e), (f), (g) or (h) 51 of sub-section (2) of section 86.
88. Purpose for which Municipal Fund is to be applied. 51
89. Municipal Fund where to be expended. 52
90. Temporary payments from Municipal Fund for works urgently required for public service. 52 Special Funds.
91. Constitution of Special Funds. 52 Disposal of Balances.
92. Investment of surplus moneys. 53 Accounts.
93. Accounts to be kept in forms prescribed by Standing Committee. 53
94. Preparation of annual administration report and statement of accounts. 53 viii Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX Sections. Page No. Annual Budget Estimate.
95. Estimates of income and expenditure to be prepared annually by Commissioner. 53
96. Budget estimates to be prepared by Standing Committee. 54
97. Estimates of expenditure and income of the Transport Undertaking to be prepared annually by 55 Transport Manager.
98. Budget Estimate “B” to be prepared by Transport Committee. 55
99. Fixing of rates of taxes. 56
100. Final adoption of budget estimates. 56
101. Corporation may increase amount of budget grants and make Additional grants. 56
102. Provision as to unexpended budget grants. 56
103. Reductions or transfers. 56
104. Readjustment of income and expenditure to be made by the Corporation during course of official 56 year whenever necessary. Scrutiny and Audit of Accounts.
105. Weekly scrutiny of accounts by Municipal Chief Auditor and scrutiny of accounts by the 57 Standing Committee.
106. Report by the Chief Auditor. 57
107. Application of sections 105 and 106 to accounts of Transport Fund. 57 108 A Special audit may be directed by State Government. 58
108A. Audit and technical guidance and supervision over audit. 58
CHAPTER X Borrowing Powers.
109. Powers of Corporation to borrow money. 58
110. Power of Corporation to borrow from banks against public securities. 59
110A. Corporation may take advances from banks and grant mortgages. 59
111. when and how loan shall be repaid. 59
112. Maintenance and application of sinking fund. 59
113. Investment of sinking fund. 60
114. Investment of sinking fund and surplus moneys in debentures issued by Corporation. 60
115. Annual examination of sinking funds. 61
116. Provision for loans raised before the appointed day. 61 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 ix Sections. Page No.
117. Attachment of Municipal Fund or, Transport Fund in default of re-payment of loan. 62
118. Form of debentures. 62
119. Coupons attached to debentures to bear signature of Chairman of Standing Committee and 62 Commissioner.
120. Debentures issued to two or more persons jointly. 62
121. Issue of duplicate securities. 62
122. Renewal of debentures. 63
123. Liability in respect of debentures renewed. 64
124. Discharge in certain cases. 64
125. Indemnity. 64
126. Annual statement to be prepared by Commissioner. 64
CHAPTER X-AA. Finance Commission.
126AA. Finance Commission. 65
CHAPTER X-A. Financial Assistance to Corporations.
126A. Power of State Government to make grants. 65
CHAPTER X-B. Taxation by the State Government.
126B. Levy of fifty paise cess on every rupee of land revenue. 65
126C. Levy of cess on water rate. 66
126D. Manner of levying cess described in section 126B. 66
126E. Manner of levying cess described in section 126C. 66
126F. Collection and credit of local cess on land revenue and water rates. 66
126G. Suspension and remission of local cess. 66
126H. Validation of levy, assessment and collection of cess on land revenue and water-rate in Cities. 66
CHAPTER XI. Municipal Taxation.
127. Taxes to be imposed under this Act. 67
128. Manner of recovering municipal taxes. 68 H-2002–(ii) x Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX Property Taxes. Property Taxes Leviable. Sections. Page No.
129. Property taxes of what to consist and at what rate leviable 69
129A. Temporary reduction in minimum rate of general tax in respect of Corporations of Baroda and 70 Surat and validation of action taken.
129B. Temporary reduction in minimum rate of general tax in respect of the Corporation of Rajkot 70 and validation of action taken.
130. Water tax on what premises levied. 70
131. Conservancy tax on what premises to be levied. 70
132. General tax on what premises to be levied. 71
133. Payments to be made to Corporation in lieu of general tax by State Government. 71 Special provisions relating to water and conservancy taxes.
134. Fixed charges and agreements for payments in lieu of taxes for water supplied. 72
135. Government to be charged for water by measurement. 72
136. Supply of water at public drinking fountains, etc. not to be taxed. 72
137. Conservancy tax may be fixed at special rates in certain cases. 73
138. Water tax or conservancy tax paid by any person may be recovered by him from the occupier of the 73 premises for which it is paid. Liability for Property Taxes.
139. Primary responsibility for property taxes on whom to rest. 73
139A. Apportionment of responsibility for property tax when the premises assessed are let or sub-let. 74 140 When occupiers may be held liable for payment of porperty taxes. 74
141. Property taxes to be a first charge on premises on which they are assessed. 74
141A. Levy of interest on the sum due on account of property tax. 75 Property Taxes.
141AA. Property taxes of what to consist and at what rate leviable. 75
141B. General taxes at what rate leviable. 76
141C. Property taxes on what buildings and Lands to be levied. 77
141D. Payments to be made to Corporation in lieu of property taxes. 77
141E. Rebate in certain cases. 77
141F. Application of certain sections to levy of property taxes. 77 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xi Sections. Page No. Tax on Vehicles, Boats and Animals.
142. Tax on vehicles, boats and animals. 77
143. Exemptions from the tax. 78
144. Livery-stable keepers and others may be compounded with. 78
145. Power to inspect stables and summon persons liable to the tax. 78 Tax on Mobile Towers
145A. Tax on Mobile Towers. 79 Exemptions from Theatre Tax.
148. Exemptions from theatre tax. 79 Other Taxes.
149. Procedure to be followed in levying other taxes. 79 Supplementary Taxation.
150. Any tax imposable under this Act may be increased or newly imposed by way of imposing 80 supplementary taxation. Refunds.
151. Refunds of taxes how obtainable. 80 Writing off of taxes.
152. Writing off of irrecoverable taxes. 80
152A. Assessment, levy, etc. of property taxes in the City of Ahmedabad for past years in respect of 80 certain properties.
CHAPTER XII. Drains and Drainage. Municipal Drains.
153. Drains to be constructed and kept in repair by the Commissioner. 81
154. Adoption by Corporation of drains and drainage or sewage disposal works. 81
155. Powers for making drains. 82
156. Alteration and discontinuance of drain. 82
157. Cleansing drains. 83 Drains of Private Streets and Drainage of Premises.
158. Power to connect drain of private street with municipal drain. 83
159. Right of owners and occupiers of buildings and lands to drain in to municipal drains. 83
160. Powers of Commissioner to require drain or proposed drain to be so constructed as to 83 form part of general system. xii Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX Sections. Page No.
161. Connections with municipal drains not to be made except in conformity with section 158 or 159. 84
162. Right of owners and occupiers of premises to carry drain through land belonging to other persons. 84
163. Owner of land to allow others to carry drains through the land. 84
164. Commissioner may enforce drainage of undrained premises situate within hundred feet of 85 municipal drain.
164A. Premises deemed to be without effectual drainage. 85
165. Commissioner may enforce drainage of undrained premises not situate within hundred feet of 85 municipal drain.
166. Special provisions relating to trade effluent. 85
166A. Special provisions regarding drainage of trade effluents. 85
167. Power of Commissioner to drain premises in combination. 86
168. Commissioner may close or limit the use of existing private drains. 86
169. Vesting and maintenance of drains for sole use of properties. 87
170. Right of Corporation to drains, etc. constructed, etc. at charge of Municipal Fund on premises, 87 not belonging to Corporation.
171. New building not to be erected without drains. 87
172. Obligation of owners of drains to allow use or joint ownership to others. 87
173. How right of use or joint ownership of a drain may be obatined by a person other than the owner. 87
174. Sewage and rain water drains to be distinct. 88
175. Affixing of pipes for ventilation of drains, etc. 88 Disposal of Sewage.
176. Appointment of places for emptying of drains and disposal of sewage. 88
177. Provision of means for disposal of sewage. 89 Water-closets, Privies, Urinals, etc.
178. Construction of water-closets and privies. 89
178A. Power of Commissioner to require owner to provide water-closet or privy accommodation. 89
179. Water-closets and other accommodation in buildings newly erected or re-erected. 90
180. Public necessaries. 90 Inspection.
181. Drains, etc. not belonging to Corporation to be subject to inspection and examination. 90 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xiii Sections. Page No.
182. Power to open ground, etc. for purposes of inspection and examination. 90
183. Expenses of inspection and examination. 90
184. Commissioner may require repairs, etc. to be made. 91
185. Cost of inspection and execution of works in certain cases. 91
185A. Power of Commissioner to provide house drain, water connections, etc. in premises where 91 owner is not willing to do so. General Provisions.
186. Prohibition of acts contravening the provisions of the Act, rules or by-laws or done without 92 sanction.
187. Water closets, etc. not to be injured or improperly fouled. 93
188. Commissioner may execute certain works under this Act without allowing option to persons 93 concerned of executing the same.
CHAPTER XIII. Water Supply. Construction and Maintenance of Municipal Water Works.
189. Water supply. 93
190. Inspection of municipal water works by persons appointed by State Government. 93
191. Power of access to municipal water works. 93
192. Power of carrying water-mains, etc. 94
193. Fire-hydrants to be provided. 94
194. Prohibition of certain acts affecting the municipal water works. 94
195. Buildings, etc. not to be erected over municipal water-main without permission. 94 Public Gratuitous Water-Supply.
196. Vesting of public drinking fountains, etc. in the Corporation. 95
197. Public drinking fountains, etc. may be set apart for particular purposes. 95 Private Water Supply.
198. Conditions as to use of water not to be contravened. 95
199. Water pipes, etc. not to be placed where water will be polluted. 95
200. Prohibition of Fraudulent and unauthorised use of water. 95 General.
201. Power to supply water without the City. 96 xiv Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX Sections. Page No.
CHAPTER XIV. Streets. Construction, Maintenance and Improvement of Streets.
202. Vesting of public streets in Corporation. 96
203. Power of Commissioner in respect of public streets. 96
204. Disposal of land forming site of closed streets. 96
205. Power to make new public streets. 96
206. Minimum width of new public streets. 97
207. Power to adopt, construct or alter any sub-way, bridge, etc. 97
208. Power to prohibit use of public streets for certain kinds of traffic. 97
209. Power to acquire premises for improvement of public streets. 97
210. Power to prescribe street lines. 98
211. Setting back buildings to the regular line of the street. 99
212. Additional power of Commissioner to order setting back of buildings to regular line of street. 99
213. Acquisition of open land or of land occupied by platforms, etc. within regular line of street. 100
214. Acquisition of the remaining part of building and land after their portions within a regular line of 100 the street are acquired.
215. Setting forward of buildings to the line of the street. 100
216. Compensation to be paid and betterment charges to be levied. 101 Provisions regarding Private Streets.
217. Notice to be given to Commissioner of intention to lay out lands for building and for private 101 streets.
218. Commissioner may call for further particulars. 102
219. Commissioner may require plans to be prepared by licensed surveyor. 102
220. Laying out of land, dimensions and areas of each building plot; laying out of private streets 102 and buildings and heights of buildings to be determined by Commissioner.
221. Land not to be appropriated for building and private street not to be laid out until expiration 102 of notice nor otherwise than in accordance with Commissioner’s directions.
222. Renewal of notice of intention to carry out works not executed in pursuance of approval given 103 under section 220.
223. Levelling and draining of private streets and means of access. 103
224. Power to declare private streets when sewered, etc. public streets. 103
225. Applicability of sections 223 and 224 when a street is in part public and in part private. 103 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xv Sections. Page No. Projections and Obstructions.
226. Prohibition of projections upon streets, etc. 104
227. Projections over streets may be permitted in certain cases. 104
228. Ground floor doors, etc. not to open outwards on streets. 104
229. Prohibition of structures or fixtures which cause obstruction in streets. 105
230. Prohibition of deposit, etc. of things in streets. 105
231. Commissioner may, without notice, remove anything erected, deposited or hawked or 105 exposed for sale in contravention of Act.
232. Power to require removal of any structure or fixture erected or setup before the appointed day. 105
233. Prohibition of tethering of animals in public streets. 105 Temporary Erections on Streets during Festivals.
234. Commissioner may permit booths, etc. to be erected on streets on festivals. 106 Provisions concerning Execution of Works in or near to Streets.
235. Street when broken up for any municipal purposes to be restored without delay. 106
236. Commissioner may close street in which work is in progress. 106
237. Commissioner to provide for traffic, etc. pending execution of municipal work in any street. 106
238. Precautions to be taken for public safety whilst municipal works are in progress in 106 any street.
239. Streets not to be opened or broken up and building materials not to be deposited thereon 107 without permission.
240. Precautions for public safety to be taken by person to whom permission is granted under 107 section 239.
241. Persons to whom permission is granted under section 239 must reinstate streets, etc. 107
242. Provisions to be made by persons granted permission under section 239 for traffic, etc. 107
243. Buildings at corners of street. 107 Sky-signs and Advertisements.
244. Regulations as to sky-signs. 108
245. Regulation and control of advertisements. 108 Dangerous places and places where some work affecting human safety or convenience is carried on.
246. Hoards to be set up during work on any building adjacent to street. 109
247. Commissioner to take proceedings for repairing or enclosing dangerous places or places 109 where some work affecting safety or convenience is carried on. xvi Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX Sections. Page No.
248. protective measures during demolition work. 110 Lighting of Streets.
249. Public streets to be lighted. 110 Watering of Streets.
250. Measures for watering streets. 110 Miscellaneous.
251. Prohibition of removal, etc. of lamps or any other municipal property on streets. 110
252. Persons accidentally breaking lamp to repair the damage. 110
CHAPTER XV. Building Regulations. Notices regarding Erection, etc. of Buildings.
253. Notice to be given to Commissioner of intention to erect building. 111
254. Notices to be given to Commissioner of intention to make additions, etc. to building. 112
255. Plans, etc. submmitted to be rejected if not drawn, etc. in prescribed manner. 112
256. Effect of non-compliance with requisition made by Commissioner. 112 Commencement of Work.
257. Supervision of buildings and works. 113
258. Power to Commissioner to cancel permission on the ground of material misrepresentation by 113 applicant.
259. Inspection of buildings in course of erection, alteration, etc. 113
260. Proceedings to be taken in respect of building or work commenced contrary to rules or bye-laws. 113
261. Buildings or works commenced contrary to Act, may be cut into and laid open for purpose of 113 inspection.
262. Enforcement of provisions concerning buildings and works. 114
263. Completion certificates : permission to occupy or use. 114 Lawfully erected structures infringing rules or bye-laws
263A. Power to require demolition or alteration of lawfully constructed hats or sheds infringing rules 114 or bye-laws. Dangerous Structures.
264. Removal of structures, etc. which are in ruins or likely to fall. 114
265. Periodic inspection of buildings. 115
266. Dangerous openings in buildings. 116 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xvii Section. Page No. Works unlawfully carried on.
267. Powers of Commissioner to direct removal of persons directing unlawful work. 116 Power to vacate premises.
268. Power of Commissioner to vacate any building in certain circumstances. 116 Regulation of certain classes of buildings in particular localities.
269. Power to regulate future construction of certain classes of buildings in particular streets 117 or localities.
CHAPTER XVI. Improvement Schemes.
270. Commissioner to make draft improvement scheme. 118
271. Particulars to be provided for in an improvement scheme. 118
272. Procedure on completion of scheme. 119
273. Right of owner to demand acquisition on issue of notification when building operations are 120 in progress.
274. Right of owner to demand acquisition or withdrawal by Corporation after lapse of two 120 years from date of notification.
275. Standing Committee after publication and service of notices to forward scheme to Corporation 121 for approval.
276. Corporation to consider improvement scheme and to approve or disapprove. 121
277. Commissioner to apply to State Government for sanction to the scheme. 121
278. On receipt of sanction declaration to be published giving particulars of land to be acquired 122 and on publication of such declaration Commissioner to be authorised to execute scheme.
279. If Corporation fails to acquire the land, owner may call upon Corporation to acquire it or to 122 withdraw from proposal. Clearance areas.
280. Power to declare an area to be a clearance area. 123
281. Clearance orders. 123
282. Acquisition of land surrounded by or adjoining clearance area. 125
283. Provisions with respect to property of the Corporation within, surrounded by, or adjoining, 125 clearance area.
284. Acquisition of land in a clearance area. 125
284A. Treatment of a clearance area. 125
284B. Arrangements where acquisition of land in clearance area unnecessary. 126
284C. Power to acquire cleared land which owners have failed to redevelop. 126
284D. Power of Court to determine lease where premises demolished. 127 H-2002–(iii) xviii Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX Section. Page No. Redevelopment areas.
284E. Power to declare an area to be re-development area. 127
284F. Re-development plan. 127
284G. Acquisition of land for purposes of re-development. 128 General provisions as to land purchased for clearance or re-development.
284H. Extinguishment of ways easement, etc. over land acquired under sections 284, 284C and 284G. 129 Provision of housing accommodation for the poorer classes. 284-I. Mode of provisions of accommodation. 130
284J. Power of Commissioner to acquire land for housing accommodation. 130
284K. Mode of acquision of land for housing accommodation. 130
284L. Power of dealing with land acquired or appropriated for provision of housing accommodation. 131
284M. Supplementary powers in connection with provision of accommodation. 131 Land Acquisition.
284N. Extent to which land Acquisition Act shall apply to acquisitions of land otherwise than by agreement. 132 284-O. Determination by special Tribunal in certain cases. 133
284P. Special provisions as to compensation. 133
284Q. Collector to take possesion after making an award and transfer land to Corporation. 134 Levy of betterment charges.
284R. Condition for leving betterment charges in clearance and development areas. 134
284S. Method of calculating charge. 135
284T. Procedure for determining charge. 135
CHAPTER XVII. Municipal Fire-Brigade.
285. Maintenance of firemen and of necessary fire engines, etc. 136
286. Powers of Chief Officer of Fire-Brigade at a Fire. 136
287. Police and Municipal officers and servants to aid the fire-brigade. 136
288. Damage done by fire-brigade to be deemed damage by fire. 136
289. Report of fire to be submitted. 136 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xix Section. Page No.
CHAPTER XVIII. Sanitary-Provisions. Scavenging and cleansing.
290. Commissioner to provide for cleansing of streets and removal refuse. 136
291. Refuse, etc. to be the property of the Corporation. 137
292. Provisions and appointment of receptacles, depots and places for refuse, etc. 137
293. Provision may be made by Commissioner for collection, etc. of excrementitions and pollute matter. 137
294. Special sanitary arrangements at certain places. 137
295. Scavenger’s duties in certain cases may not be discharged by private individuals without 137 Commissioner’s permission. Inspection and Sanitary Regulation of Premises.
296. Power to inspect premises for sanitary purposes. 137
297. Cleansing and lime-washing of any building may be required. 137
298. Buildings or rooms in building unfit for human habitation. 137
299. Power to require repairs of in sanitary buildings. 138
300. Power to order demolition of insanitary buildings. 138
301. Procedure where demolition order made. 139
302. Building rendered fit not to be deemed unfit for ten years if not conforming to regulations 139 made subsequently.
303. Power to order demolition of obstructive building. 139
304. Effect of order for demolition of obstructive building. 140
305. Compensation for acquiring obstructive buildings recoverable in certain cases as improvement 140 expenses.
306. Appeal against demolition orders. 141
306A. Prohibition of back-to-back buildings. 141
307. Over crowded dwellings. 141
308. Insanitary huts and sheds. 142 Disposal of Carcasses of Animals.
309. Removel of carcasses of dead animals. 142 Regulation of Public Bathing, Washing, etc.
310. Places for public bathing, etc. to be fixed by Commissioner and regulation of use of such places. 142
311. Prohibition of bathing, etc. contrary to order. 142
312. Prohibition of corruption of water by steeping therein animal or other matter, etc. 143 xx Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX Section. Page No. Regulation of Factories, Trades, etc.
313. Factory, etc. not so be newly established without permission of Commissioner. 143
314. Prohibition of Corruption of water by Chemicals, etc. 143 Prevention and checking spread of dangerous diseases.
315. Power of Commissioner, Medical Officer of Health, etc. in case of danagerous disease. 143
316. Any place may at any time be inspected for purpose of preventing spread of dangerous diseases. 144
317. Destruction of huts and sheds when necessary. 144
318. Closure of lodging and eating houses. 144 Special Sanitary Measures.
319. Commissioner may take special measures on out break of any dangerous disease. 144 Disposal of the Dead.
320. Places for disposal of the dead to be registered. 144
321. Provision of new places for disposal of the dead. 145
322. New places for disposal of the dead not to be opened without permission of Commissioner. 145
323. State Government may direct closing of any place for disposal of dead. 145
324. State Government may sanction reopening of places which have been closed for 145 disposal of dead.
325. Burials within places of worship and exhumations not to be made without permission of 146 Commissioner.
326. Acts prohibited in connection with disposal of dead. 146
CHAPTER XIX. Markets and Slaughter-Houses. Maintenance and Regulation of Markets and Slaughter-houses.
327. What to be deemed municipal markets and slaughter- houses. 147
328. Provision of new municipal markets and slaughter houses. 147
329. Municipal markets, slaughter-houses and stock yards may be closed. 147
330. Prohibition of sale of commodities sold in municipal markets. 147
331. Opening of private markets and of private slaughter houses. 147
332. Levy of stallages, rents and fees in municipal markets, slaughter houses and stock-yards. 147
333. Removal of live cattle, sheep, goats or swine from any municipal slaughter-house, stock-yard, 148 market or premises. 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xxi Section. Page No.
334. Power to expel persons contravening rules, bye-laws, or standing order. 148
335. Prohibition of import of cattle, etc. into City without permission. 148 Inspection of Places of Sales, etc.
336. Commissioner may enter any place where slaughter of animals or sale of flesh contrary to the 149 provisions of this Act is suspected.
337. Commissioner to provide for inspection of articles exposed for sale for human food. 149
338. Unwholesome articles, etc. to be seized. 149
339. Disposal of perishable articles seized under section 338. 149
340. Saving of Bombay Animal Preservation Act, 1948. 149
CHAPTER XX. The transport Undertaking. The Operation of the undertaking and the Construction and Maintenance of Works.
341. Provisions of this Chapter when applicable. 149
342. Management of Undertaking by Transport Manager. 150 Fares and Charges.
343. Levy of fares and charges for transport services. 150 Acquisition and Disposal of Property.
344. Acquisition of immovable Property. 151
345. Provisions governing disposal of municipal property. 151 Officers and Servants.
346. Statement of permanent officers and servants to be prepared by Transport Manager and 152 sanctioned by Transport Committee.
347. Restriction on appointment of permanent officers and servants. 152
348. Creation of temporary posts. 152
349. Power of appointment in whom to vest. 152
350. Leave of absence. 153 Revenue and Expenditure. The Transport Fund.
351. Constitution of Transport Fund. 153
352. Transport Manager to receive payments on account of Transport Fund and to lodge them in bank. 153
353. How Transport Fund shall be drawn against. 153
354. Deposit of portion of Transport Fund may be made with bank or agency out of City when convenient. 153 xxii Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX Section. Page No.
355. Only sums covered by budget grant to be expended from Transport Fund. 154
356. Procedure when money not covered by budget grant is expended under clause (c), (d) or (e) of 154 sub-section (2) of section 355.
357. Purposes for which Transport Fund is to be applied. 154
358. Investment of surplus moneys. 155 Payments out of Surplus Balance.
359. Fixed annual payment to Municipal Fund. 155
360. Disposal of surplus balance of revenue. 156 Accounts.
361. Accounts of the Transport Undertaking. 156
362. Preparation of annual administration report and statement of accounts. 156
CHAPTER XXI. Vital Statistics. Registration of Births and Deaths.
363. Appointment of Registrars. 157
364. Register books to be maintained. 157
365. Registrars to inform themselves of all births and deaths. 157
366. Information of births to be given within seven days. 157
367. Information respecting finding of new-born child to be given. 158
368. Information of death to be given. 158
369. Medical practitioner who attended a deceased person to certify cause of his death. 158
370. Correction of errors in registers of births or deaths. 158
371. Registration of name of child or of alteration of name. 158
CHAPTER XXII. Licences And Permits. I. Licensing of Surveyours, Architects or Engineers, Structural Designers, Clerks of Works and Plumbers.
372. Grant of licences to Architects or Engineers, Structural Designers, Plumbers and Clerks of Works. 159
373. Orders may be prescribed for guidance of Surveyors, etc. 159
374. Fees and charges of licensed plumbers to be prescribed by Standing Committee. 159
375. Licensed Plumbers to be bound to execute work properly. 159 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xxiii Section. Page No. II. Trade licenses and other licences for keeping animals and certain articles.
376. Certain things not to be kepts and certain trades and operations not to be carried on, without licence. 159
376A. Power to stop use of premises where such use is dangerous or causes nuisance. 161 III. Licences for sale in Municipal Markets.
377. Prohibition of sale in municipal markets without licence of Commissioner. 161 IV. Licences for Private Markets.
378. Private markets not to be kept open without licence. 161
379. Prohibition of sale in unauthorised private markets. 161
380. Slaughter of animals for skins. 162 V. Licences for sale of Articles of Food outside of markets.
381. Prohibition of sale of animals, etc. except in market. 162 VI. Licences of Butchers, etc.
382. Butchers and persons who sell flesh of animals to be licences. 162 VII. Licences for Dairy Products.
383. Licence required for dealing in dairy Produces. 162 VIII. Licences for Hawkings, etc.
384. Licences for sale in public places. 162
385. Licences for use of skill in handicrafts or rendering services for purposes of gain in public place 162 or street. IX. General provisions regarding Licences and Permits.
386. General provisions regarding grant, suspension or revocation of licences and written permissions and levy or fees, etc. 162
CHAPTER XXIII. Power of Entry and Inspections.
387. Power of entry and inspection. 163
388. Time of making entry. 164
388A. Power of Commissioner to evict persons summarily in certain cases. 164
CHAPTER XXIV. Compensation.
389. Doing minimum damage in certain cases. 164
390. Commissioner to determine Compensation. 165
391. Appeal. 165 xxiv Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX Section. Page No.
CHAPTER XXV. Penalties.
392. Certain offences punishable with fine. 165
393. Offences punishable under the Penal Code. 166
394. Punishment for offences of preparing false election rolls. 166
395. Punishment for acquiring share or interest in contracts, etc. with Corporation. 167
396. Punishment for breach of section 61 or 62. 167
397. Punishment for offences against section 194. 167
398. Penalty for evasion of toll. 167
399. General penalty. 167
400. Extent of penal responsibility of agents of trustees and owners. 167
401. Offences by companies, etc. 167
402. Compensation payable by offenders against this Act for damage caused by them. 168 CHAPTEER XXVI. Proceedings Before Judge, Appellate Courts And Magistrates. I. Election Inquiries.
403. Procedure in election inquiries. 168
404. Disqualification for election as councillor for certain election offences. 169 II. References to the Judge.
405. References to the Judge. 169 III. Appeals against Valuations and Taxes.
406. Appeals when and to whom to lie. 169
407. Cause of complaint when to be deemed to have accrued. 170
408. Arbitration. 170
409. Appointment of expert valuer. 171
410. Reference to Civil Appellate Court. 171
411. Appeals to the Civil Appellate Court. 171
412. Costs of proceedings in appeal. 171
413. Unappealed values and taxes and decisions on appeal to be final. 171 IV. Appeals to the Judge and the Civil Appellate Court.
414. Appeals to the Judge. 172
415. Appeals against demolition orders. 172
416. Appeals against decision of the Judge regarding payment of expenses for works executed. 172
416A. Fees in appeals before Civil Appellate Court. 173 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xxv Section. Page No. V. Proceedings before Judge.
417. Remedy of owner of building or land against occupier who prevents his complying with any 173 provisions of this Act.
418. Power to summon witnesses and compel production of documents. 173
419. Fees in proceeding before the Judge. 174
420. Exemption of poor persons from fees. 174
421. Repayment of half fees on settlement before hearing. 174 VI. Appointment of Magistrates.
422. Appointment of a Magistrate of the First Class. 174 VII. References to Magistrates.
423. References to Magistrates. 174
424. Disposal of animals and articles of non-perishable nature seized under section 338. 175
425. Penalty for possessing food which appears to be diseased, unsound or unwholesome or unfit for human food. 175
426. Application for summons to be refused if not applied for within a reasonable time. 175 VIII. Proceeding before Magistrates and the Criminal Appellate Court.
427. Cognizance of offences. 175
428. Limitation of time within which complaints of offences 175 punishable under this Act shall be entertained.
429. Power of Magistrate to hear cases in absence of accused. 175
430. Report of Chemical Analyser to Government. 175
431. Complaint concerning nuisances. 176
432. Appeal to the Criminal Appellate Court from order passed under section 431. 176 IX. Arrest of offenders.
433. Offenders against this Act may in certain cases be arrested by police officers. 176 X. Miscellaneous.
434. Code of Civil Procedure to apply. 177
435. Limitation. 177
436. Execution of orders of the Judge and Civil Appellate Courts. 177
436A. Rule of construction in respect of Magistrate for City of Ahmedabad. 177
437. Criminal Procedure Code to apply to all enquiries and proceedings before Magistrates. 177 H-2002–(iv) xxvi Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX Section. Page No.
CHAPTER XXVI-A [Repealed.] Power to evict persons from premises belonging to the Corporation [Repealed.]
437A. [Repealed.] 177
437B. [Repealed.] 177
437C. [Repealed.] 177
437D. [Repealed.] 177
437E. [Repealed.] 177
437F. [Repealed.] 177
CHAPTER XXVII. Recovery of Municipal Dues other than Taxes.
438. Recovery of expenses of removals by Commissioner under certain sections. 177
439. Expenses recoverable under the Act to be payable on demand, and if not paid on demand may be 178 recovered as arrear of property tax.
440. If defaulter is owner of premises in respect of which expenses are payable, occupier to be also 178 liable for payment thereof.
441. Commissioner may agree to receive payment of expenses in instalments. 179
442. Certain expenses may be declared to be improvement expenses. 179
443. Proportion of improvement expenses may be deducted from rent. 179
444. Redemption of charge for improvement expenses. 180
445. Recovery of instalments due under sections 441 and 442. 180
446. In default of owner the occupier of any premises may execute required work and recover expenses 180 from the owner.
447. Persons liable for expenses or compensation may be sued for recovery thereof. 180
CHAPTER XXVIII. Control.
448. Power of State Government to require performance of duties in default of any municipal authority. 180
449. Expenses of measures enforced under section 448 how to be recovered. 181
450. Power to State Government to call for extracts from proceedings, etc. 181
451. Power of State Government to suspend action under this Act. 181
452. Power of State Government to supersede Corporation in case of in competency, persistent default or 181 excess or abuse of powers.
452A. [Deleted.] 182 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xxvii Section. Page No.
CHAPTER XXIX. Rules, bye-laws, Regulations and Standing Orders.
453. Rules in Schedule to be part of the Act. 182
454. Alteration of and additions to Schedule. 182
455. Power to make rules subject to sanction of State Government. 183
456. Power of State Government to make rules. 183
457. Matters in respect of which rules may be made. 183
458. Bye-laws for what purpose to be made. 186
459. Commissioner to lay draft bye-laws before the Corporation for its consideration. 189
460. Hearing by Corporation of objections to proposed bye-laws. 189
461. Bye-laws to be confirmed by State Government. 189
462. Bye-laws confirmed by State Government to be published in the Official-Gazette. 189
463. Printed copies of bye-laws to be kept on sale. 189
464. State Government may modify or repeal bye-laws. 190
465. Regulations. 190
466. Making of standing orders by Commissioner. 191
467. Posting of standing orders and table of stallages, rents, etc. 193
468. Penalty for breach of rules, bye-laws, regulations or standing orders. 193
CHAPTER XXX. Miscellaneous. Public Notices and Advertisements.
469. Public Notices how to be made known. 193
470. Advertisements how to be made. 193
471. Consent, etc. of Corporation, etc. may be proved by written document. 193 Service of Notices, etc.
472. Notices, etc. by whom to be served or presented. 194
473. Service how to be affected on owners of premises and other persons. 194
474. Service on owner or occupier of premises how to be effected. 194
475. Sections 472, 473 and 474, inapplicable to Magistrate’s summons. 194
476. Signature on notices, etc. may be stamped. 195
477. Power of Commissioner to call for information as to ownership of premises. 195 Unauthorised Works.
478. Work or thing done without written permission of the Commissioner to be deemed unauthorised. 195 xxviii Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX Section. Page No. Enforcement of orders to execute works, etc.
479. Works, etc. which any person is required to execute may in certain cases be executed by 195 Commissioner at such person’s cost.
480. Supply of materials. 196 Legal Proceedings.
481. Provisions respecting institution, etc. of civil and criminal actions and obtaining legal advice. 196 General.
482. Councillors, etc. to be deemed to be public servants. 197
483. Co-operation of Police, etc. 197
484. Assistance for the recovery of rent on land. 197
485. Informalities and errors in assessments, etc. not to be deemed to invalidate such assessment, etc. 197
486. Indemnity for acts done in good faith. 198
487. Protection of persons acting under this Act against suits. 198
488. Savings in respect of certain provisions of Bombay Land Revenue Code, 1879. 198
489. Limitation of liability of agent or trustee of owner. 198
CHAPTER XXXI. Repeals and Amendments.
490. Certain Acts to cease to apply to City. 199
491. Amendment of certain enactments. 199
492. [Deleted.] 199
493. Transitory provisions. 199 APPENDIX I-A … Modifications 199 APPENDIX I … Provisions of the Land Acquisition Act, 1894, 200 regulating the acquisition of land for improvement purposes. APPENDIX II … Table of Penalties. 200 APPENDIX III … Enactments amended. 201 APPENDIX IV … Transitory Provisions. 204
SCHEDULE A. Chapter I … [Deleted.] 209 Chapter II … Proceedings of the Corporation, Standing 209 Committee, Transport Committee, etc. Chapter III … Method of Appointment of certain Municipal 213 Officers and Servants and their Duties and Powers. 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 xxix Section. Page No. Chapter IV … Essential Services. 215 Chapter V … Contracts. 216 Chapter VI … Special Funds. 217 Chapter VII … Budgets. 218 Chapter VIII … Taxation Rules. 218 Chapter IX … Drainage and Drainage Works. 234 Chapter X … Water Supply. 239 Chapter XI … Streets. 245 Chapter XII … Building Regulations and Building Loans. 247 Chapter XIII … Powers of Fire-Brigade Officers. 252 Chapter XIV … Sanitary Provisions. 253 Chapter XV … Markets and Slaughter Houses. 268 Chapter XVI … Transport Undertaking. 268 Chapter XVII … Vital Statistics. 269 Chapter XVIII … Articles for keeping which and Trades and 269 Occupations which Licences are needed. Chapter XIX … Penalties. 271 FORMS. 273
SCHEDULE B. … [Deleted.] 282
SCHEDULE C. … [Deleted.] 282
SCHEDULE D. … [Deleted.] 283 _________ xxx Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 1 BOMBAY ACT NO. LIX OF 1949.1 [The Gujarat Provincial Municipal Corporations Act, 1949.] [29th December, 1949.] Adapted and modified by the Adaptation of Laws Order, 1950. Amended by Presi. Act No. 11 of 1976. Amended by Bom. 42 of 1950. ,, ,, Guj. 16 of 1977. ,, ,, ,, 9 of 1951. ,, ,, ,, 1 of 1978. * ,, ,, ,, 28 of 1951. ,, ,, ,, 1 of 1979. ,, ,, ,, 39 of 1951. ,, ,, ,, 11 of 1979. ,, ,, ,, 10 of 1953. * ,, ,, ,, 12 of 1979. ,, ,, ,, 18 of 1953. ,, ,, ,, 13 of 1980. ** ,, ,, ,, 57 of 1953. ,, ,, ,, 1 of 1981. *** ,, ,, ,, 8 of 1954. ,, ,, ,, 28 of 1981. ,, ,, ,, 19 of 1954. ,, ,, ,, 3 of 1984. ,, ,, ,, 45 of 1954. ,, ,, ,, 18 of 1984. ,, ,, ,, 58 of 1954. ,, ,, ,, 5 of 1986. ,, ,, ,, 34 of 1955. ,, ,, ,, 19 of 1986. × ,, ,, ,, 19 of 1956. ,, ,, ,, 23 of 1986. ,, ,, ,, 22 of 1956. ,, ,, ,, 21 of 1989. ,, ,, ,, 24 of 1956. ,, ,, ,, 5 of 1990. Adapted and modifed by the Bombay Adaptation ,, ,, ,, 15 of 1993. of Laws (State and Concurrent Subjects) ,, ,, ,, 16 of 1993. Order, 1956. ,, ,, ,, 11 of 1994. Amended by Bom. 5 of 1958. ,, ,, ,, 3 of 1999. ,, ,, ,, 65 of 1958. ,, ,, ,, 15 of 2000. ,, ,, ,, 80 of 1958. ,, ,, ,, 15 of 2001. ,, ,, ,, 53 of 1959. ,, ,, ,, 17 of 2005. ,, ,, ,, 56 of 1959. ,, ,, ,, 2 of 2007. Adapted and modifed by the Gujarat Adaptation of ,, ,, ,, 22 of 2007. Laws (State and Cocurrent Subjects) Order, 1960. ,, ,, ,, 11 of 2010. Amended by Guj. 13 of 1961. ,, ,, ,, 15 of 2011. ,, ,, ,, 16 of 1962. ,, ,, ,, 21 of 2011. ,, ,, ,, 19 of 1964. ,, ,, ,, 21 of 2014. ,, ,, ,, 26 of 1965. ,, ,, ,, 23 of 2014. ,, ,, ,, 5 of 1967. ,, ,, ,, 15 of 2015. ,, ,, ,, 8 of 1968. ,, ,, ,, 22 of 2015. ,, ,, ,, 17 of 1968. ,, ,, ,, 5 of 2017. ,, ,, ,, 2 of 1969. ,, ,, ,, 17 of 2017. ,, ,, ,, 5 of 1970. ‡ ,, ,, ,, 24 of 2017. ,, ,, ,, 16 of 1970. ,, ,, ,, 5 of 1971. ,, ,, ,, 6 of 1972. ,, ,, ,, 3 of 1973. ,, ,, ,, 2 of 1976.
1. For Statement of Objetcs and Reasons, see Bombay Government Gazette, 1949, Part V, Page 597. * This Act shall be deemed to have come into force on the 20th day of November, 1951 [vide s. 1(2) of Bom. 10 of 1953]. ‡ Please see sections 13 and 14 of Guj. 5 of 1970. ** For transitory provision please see section 4 of Guj. 1 of 1978. *** Please see section 4 of Guj. 13 of 1980. **** Please see section 4 of Guj. 1 of 1981. × For consequences on inclusion of certain areas in the City of Ahmedabad and for validation of recovery of taxes by Municipal Corporation of the City of Ahmedabad in the included area see Guj. 19 of 1986, s. 4 and 5 respectively. H-2002–1 2 Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX An Act to provide for the establishment of Municipal Corporations for certain cities in the Province of 1[Gujarat.] WHEREAS it is expedient to provide for the establishment of municipal corporations in 2[the City of Ahmedabad] and certain other cities with a view to ensure a better municipal government of the said cities; It is hereby enacted as follows:—
CHAPTER I. Preliminary
1. (1) This Act may be called the 2[Gujarat] Provincial Municipal Corporations Act,
1949. 3[(2) It extends to the whole of the State of Gujarat.]
(3) This section shall come into operation at once. The remaining provisions of the Act shall come into operation in the City of Ahmedabad and 4[such other cities] on such dates as the State Government may by notification in the Official Gazette, specify in respect of each city. On the respective dates the said provisions shall apply to places outside the said cities in the manner, to the extent and for the purposes expressly provided therein.
2. In this Act, unless there be something repugnant in the subject or context, — 5[ (1A) “annual letting value” means, —
(i) in relation to any period prior to 1st April, 1970, the annual rent for which any building or land or premises, exclusive of furniture or machinery contained or situate therein or thereon, might, if the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 were not in force, reasonably be expected to let from year to year with reference to its use;
(ii) in relation to any other period, the annual rent for which any building or land or premises, exclusive of furniture or machinery contained or situate therein or thereon, might reasonably be expected to let from year to year with reference to its use; and shall include all payments made or agreed to be made to the owner by a person (other than the owner) occupying the building or land or premises on account of occupation, taxes, insurance or other charges incidental thereto:
Provided that, for the purpose of sub-clause (ii),-
(a) in respect of any building or land or premises the standard rent of which has been fixed under section 11 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, the annual Rent thereof shall not exceed the annual amount of the standard rent so fixed;
1. The words “Gujarat” shall be and shall be exemed to have been substituted on 1st May, 1960 by Guj.15 of 2011.
2. These words were substituted for the words “the cities of Ahmedabad and Poona” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3. Sub-section (2) was substituted for the original by Guj. 3 of 1973, s. 2.
4. These words were substituted for the words and brackets “the City of Poona and such other cities (outside Greater Bombay)” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
5. Clause (1A) was and was deemed always to have been inserted by Guj. 5 of 1970, s. 2 (1). Short title and commencement. Definitions. Bom. LVII of
1947. Bom. LVII of 1947. 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 3 1[(aa) in respect of any building or land or premises, the standard rent of which is not fixed under section 11 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, the annual rent received by the owner in respect of such building or land or premises shall, notwithstanding anything contained in any other law for the time being in force, be deemed to be the annual rent for which such building or land or premises might reasonably be expected to let from year to year with reference to its use; (aaa) clause (aa) shall not apply to a case where the annual rent received by the owner in respect of such building or land or premises is in the opinion of the Commissioner less than the annual rent for which such building or land or premises might, notwithstanding anything contained in any other law for the time being in force, reasonably be expected to let from year to year with reference to its use;]
(b) in the case of any land of a class not ordinarily let the annual rent of which cannot in the opinion of the Commissioner be easily estimated, the annual rent shall be deemed to be six per cent. of the estimated market value of the land at the time of assessment;
(c) in the case of any building of a class not ordinarily let, or in the case of any industrial or other premises of a class not ordinarily let, or in the case of a class of such premises the building or buildings in which are not ordinarily let, if the annual rent thereof cannot in the opinion of the Commissioner be easily estimated, the annual rent shall be deemed to be six per cent. of the total of the estimated market value, at the time of the assessment, of the land on which such building or buildings stand or, as the case may be, of the land which is comprised in such premises, and the estimated cost, at the time of the assessment, of erecting the building or, as the case may be, the building or buildings comprised in such premises;]
(1) “Appendix” means an Appendix to this Act;
(2) “appointed day” means with referance to any local area the day on which such area is constituted the City of Ahmedabad, 2 [* * *] or any other city, as the case may be, under section 3; 3[ (2A ) “ approved co - operative bank ” means such co-operative bank registered or, deemed to be registered under the † Gujarat Co-operative Societies Act, 1925, as may be approved by the State Government by general or special order;]
(3) “bakery or bake-house” means any place in which bread, biscuits or confectionery are baked, cooked or prepared in any manner what so ever for the purposes of sale or profit;
(4) “budget grant” means the total sum entered on the expenditure side of a budget estimate under a major head as prescribed by rules and adopted by the corporation and include any sum by which such budget grant may be increased or reduced by a transfer from or to other head in accordance with the provisions of this Act and rules.
(5) “building” includes a house, out-house, stable, shed, hut and other enclosure or structure whether of masonry, bricks, wood, mud, metal or any other material whatever, whether used as a human dwelling or otherwise, and also includes verandahs, fixed platforms, plinths, doorsteps, walls including compound walls and fencing and the like;
(6) “bye-law” means a bye-law made under section 458;
1. These clauses were inserted by Guj. 3 of 1984, s. 2.
2. The words “or the City of Poona” were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3. Clause (2A) was inserted by Bom. 19 of 1954, s. 2. † See now the Gujarat Co-operative Societies Act, 1961 (Guj. X of 1962). Bom.LVII of
1947. Bom.VII of 1925. 4 Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX 1[(6A) “carpet area” means the floor area of a building excluding the area over which a wall whether outer or inner is erected;]
(7) “cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings; 2[(7A) “chawl” means a building consisting of two or more tenements whether having common sanitary and other facilities or not and declared as such by the Commissioner by notification in the Official Gazette;] 3[(8) “the City” means a larger urban areas as specified under sub-clause (2) of article 243Q of the Constitutions of India and includes other local areas already declared to be a City prior to the commencement of the Bomay Provincial Municipal Corporations (Gujarat Second Amendment) Act, 1993;] 4[(8A) “Civil Appellate Court” means in the case of the City of Ahmedabad the High Court and in the case of any other City, the District Court having jurisdiction in the District in which the City is situate;]
(9) “the Commissioner” means the Municipal Commissioner for the City appointed under section 36 and includes an Acting Commissioner appointed under section 39;
(10) “the Corporation” means the Municipal Corporation of the City;
(11) “Councillor” means a person who is duly elected as a member of the Corporation under this Act; 5[(11A) “Criminal Appellate Court” means in the case of the City of Ahmedabad, the High Court and in the case of any other City, the Sessions Court having jurisdiction in the Sessions Division in which the City is situate;]
(12) “cubical contents” when used with reference to the measurement of a building means the space contained within the external surfaces of its walls and roof and the upper surface of the floor of its lowest storey or where the building consists of one storey only, the upper surface of its floor;
(13) “dairy” includes any farm, cattle-shed, milk store, milk shop or other place from which milk is supplied for sale or in which milk is for the purposes of sale or manufactured for into butter, ghee, cheese, curds or dried or condensed milk for sale and, in the case of a dairyman who does not occupy only place for the sale of milk, inculdes the place where he keeps the vessels used by him for the sale of milk but does not include a shop or other place in which milk is sold for consumption on the premises only;
(14) “dairyman” includes the keeper of a cow, buffalo, goat, ass or other animal, the milk of which is offered or intended to be offered for sale for human consumption, and any surveyor of milk and any occupier of a dairy;
(15) “dairy produce” includes milk, butter, ghee, curd, butter milk, cream, cheese and every product of milk;
(16) “dangerous disease” means cholera, plague, smallpox or any other epidemic or infectious disease by which the life of human beings is endangered and which the Corporation may from time to time by public notice declare to be a dangerous disease;
1. Clause (6A) was inserted by Guj. 3 of 1999, s. 2(1).
2. Clause (7A) was inserted, ibid., s. 2 (2)
3. Clause (8) was substituted for the original by Guj. 16 of 1993, s. 2 (1).
4. Clause (8A) was inserted by Guj. 8 of 1968, s. 2 (1).
5. Clause (11A) was inserted, ibid., s.2 (2). 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 5
(17) “drain” includes a sewer, tunnel, pipe, ditch, gutter or channel and any cistern, flush-tank, septic tank or other device for carrying off or treating 1[sewage, trade effluent], offensive matter, polluted water, sullage, waste water, rain water or sub-soil water and any culvert, ventilation, shaft or pipe or other appliance or fitting connected therewith, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing 1[sewage, trade effluent] or offensive matter from any place;
(18) “eating house” means any premises to which the public or any section of the public are admitted and where any kind of food is prepared or supplied for consumption on the premises or elsewhere for the profit or gain of any person owning or having an interest in or managing such premises; 2[(18A) “election” means and includes entire election process commencing from the delimitation of constituencies to be known as wards and all stages culminating into election of a councillor and it is always deemed to have meant and included entire election process as aforesaid;] 3[(18B) “entertainment includes any exhibition, performance, amusement, game or sport to which persons are admitted for payment or in case of television exhibition with the aid of any type of antenna with a cable network attached to it or cable television, or directto-home (DTH) Brodcasting Service, for which persons are required to make payment by way or contribution or subscription or installation charges or connection charges or any other charges collected in any manner whatsoever.]
(19) “essential services” means services in which any municipal officer, servant or other person is employed by or on behalf of the Corporation and which are specified in the rules;
(20) “factory” means a factory as defined in the Indian Factories Act, 1948;
(21) “filth” includes sewage, nightsoil and all offensive matter ; 4[(21A) “Finance Commission”means a Finance Commission constituted under article 243-I of the Constitution of India;]
(22) “food” includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food, and also includes confectionery, flavouring and colouring matters and species and condiments;
(23) “form” means a form appended to the rules;
(24) “frame building” means a building the external walls of which are constructed of timber framing or iron framing, and the stability of which depends on such framing;
(25) “goods” includes animal; 5[(25A) “hotel” includes an eating house or any premises where the public or any section of the public are supplied for consumption meals, drinks or any eatables on payment of price;]
(26) “house-drain” menas any drain of, and used for the drainage, of, one or more buildings or premises and made merely for the purpose of communicating therefrom with a municipal drain;
(27) “house-gully” or “service passage” means a passage or strip of land constructed, set apart or utilised for the purpose of serving as a drain or of affording access to a privy, urinal, cesspool or other receptacle of filthy or polluted matter, to municipal servants or to persons employed in the cleansing thereof or in the removal of such matter therefrom;
(28) “hut” means any builiding which is constructed principally of wood, mud, leaves, grass, cloth or thatch and includes any temporary structure of whatever size or any small builiding of whatever material made which the Corporation may declare to be a hut for the purposes of this Act;
1. These words were substituted for the word “sewage” by Guj. 19 of 1964, s. 2 (1).
2. Clause (18A) was inserted by Guj. 16 of 1993, s. 2 (2).
3. Clause (18B) was inserted by Guj. 24 of 2017, s. 2.
4. Clause (21A) was inserted, by Guj. 16 of 1993, s. 2 (3).
5. Clause (25A) was inserted by Guj. 8 of 1968, s. 2 (3). LXI I I o f
1948. 6 Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX 1[(28A) “industrial premises” means premises including the precinets thereof in any part of which a manufacturing process is being carried on or is ordinarily carried on.
Explanation.— “manufacturing process” includes producing, making, extracting, altering, ornamenting, finishing or otherwise processing, treating or adapting any goods;]
(29) “the Judge” means 2[3[in the City of Ahmedabad], the Chief Judge of the Court of Small Causes or such other Judge of the Court as the Chief Judge may appoint in this behalf] and in any other City the Civil Judge (Senior Division) having jurisdiction in the City;
(30) “land” includes land which is being built upon or is built upon or covered with water, benefits to arise out of land, things attached to the earth of premanently fastened to anything attached to the earth and rights created by legislative enactment over any street;
(31) “licensed plumber”, “licensed surveyor”, “licensed architect”, “licensed engineer”, “licensed structural designer” and “licensed clerk of works”, respectively, means a person licensed by the Corporation as a plumber, surveyor, architect, engineer, structural designer or a clerk of works under this Act;
(32) “lodging house” means a building or part of a building where lodging with or without board or other service is provided for a monetary consideration;
(33) “market” includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, live-stock or food for live-stock or meat, fish, fruit, vegetables, animals intended for human food or any other articles of human food whatsoever with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the palce or any other person;
(34) “masonry building” means any building other than a frame building or a hut and includes any structure a substantial part of which is made of masonry or of steel, iron or other metal; 4[(34A) “Metropolitan area” means an area as specified under clause (c) of article 243P of the Constitution of India; 5[(34AA) “mobile tower” means a temporary or permanent structure, equipment or instrument erected or installed on land or upon any part of the building or premises for providing telecommunication services;] (34B) “Municipal area” means the territorial area of a Corporation as referred to in clause (d) of article 243P of the Constitution of India].
(35) “municipal drain” means a drain vested in the Corporation;
(36) “municipal market” means a market vested in or managed by the Corporation;
(37) “municipal slaughter house” means a slaughter house vested in or managed by the Corporation;
(38) “municipal tax” means any impost levied under the provisions of this Act;
(39) “municipal water-works” means water-works belonging to or vesting in the Corporation;
(40) “nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property;
1. Clause (28A) was inserted by Guj. 8 of 1968, s. 2 (4).
2. These words were substituted for the words “in the Cities of Ahmedabad and Poona” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3. These words were substituted for the words “in the City of Ahmedabad the Judge of the Court of Small Causes” by Guj. 8 of 1968, s. 2 (5).
4. Clauses (34A) and (34B) were inserted by Guj. 16 of 1993, s. 2 (4).
5. Clasuse (34AA) was inserted by Guj. 21 of 2011, s.2. 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 7
(41) “occupier” includes—
(a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;
(b) an owner living in or otherwise using his land or building;
(c) a rent free tenant;
(d) a licencee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
(42) 1[ * * * * * * * *]
(43) “offensive matter” includes animal carcasses, dung, dirt and putrid or putrifying substances other than sewage;
(44) “official year” means the year commencing on the first day of April;
(45) “owner” means—
(a) when used with reference to any premises, the person who receives the rent of the said premises, or who would be entitled to receive the rent thereof if the premises were let and includes—
(i) an agent or trustee who receives such rent on account of the owner,
(ii) an agent or trustee who receives the rent of, or is entrusted with or concerned for, any premises devoted to religious or charitable purposes,
(iii) a receiver, sequestrator or manager appointed by any Court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of, the said premises, and
(iv) a mortgagee-in-possession, and
(b) when used with reference to any animal, vehicle or boat, includes the person for the time being in charge of the animal, vehicle or boat; 2[(45A) “Population” in relation to City means the population as ascertained at the last preceeding census of which the relevant figures have been published;]
(46) “premises” includes messuages, buildings and lands of any tenure whether open or enclosed, whether built on or not and whether public or private; 3[(46A) “private drain” means a drain which is not a municipal drain;]
(47) “private street” means a street which is not a public street;
(48) “privy” means a place set apart for defecating or urinating or both, together with the structure comprising such place, the receptacle therein for human excreta and the fittings and apparatus, if any, connected therewith, and includes a closet of the dry type, an aqua privy, a latrine and a urinal;
(49) “property tax” means a tax on buildings and lands in the city;
1. Clause (42) was deleted by Guj. 22 of 2007, s. 2.
2. Clause (45A) was substituted by Guj. 16 of 1993, s. 2 (5).
3. Clause (46A) was inserted by Guj. 19 of 1964, s. 2 (2). 8 Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX
(50) “public place” includes any public park or garden or any ground to which the public have or are premitted to have access;
(51) “public securities” means—
(a) securities of the Central Government or any 1[State] Government,
(b) securities, stocks, debentures or shares the interest whereon has been guaranteed by the Central or the 1[State] Government,
(c) debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by any enactment for the time being in force in any part of 2[the territory of India],
(d) securities expressly authorized by any order which the 1[State] Government makes in this behalf;
(52) “public street” means any street—
(a) heretofore levelled, paved, metalled, channelled, sewered or repaired out of municipal or other public fund, or
(b) which under the provisions of section 224 is declared to be, or under any other provision of this Act becomes a public street;
(53) “rack-rent” means the amount of the annual rent for which the premises with reference to which the term is used might reasonably be expected to let from year to year ascertained for the purpose of fixing the rateable value of such premises; 3[4[(54) “rateable value” means the value of any building or land fixed whether with reference to any given premises or otherwise, in accordance with the provisions of this Act and the rules for the purpose of assessment to property taxes;]]
(55) “regulation” means a regulation made under section 465; 5[(55A) “relevent Small Cause Courts Act” means in the case of the City of Ahmedabad the Presidency Small Cause Courts Act, 1882 and in the case any other City, the Provincial Small Cause Courts Act, 1887;]
(56) (a) a person is deemed to “reside” in any dwelling which, or some portion of which he sometimes uses, whether interruptedly or not, as a sleeping apartment, and
(b) a person is not deemed to cease to “reside” in any such dwelling merely because he is absent from it or has elsewhere another dwelling in which he resides if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it;
(57) “rubbish” includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse and refuse of any kind which is not offensive matter or sewage;
(58) “rules” includes rules in the Schedule and rules made under sections 454 and 456;
(59) “the Schedule” means the Schedule appended to this Act; 6[(59A) “scheduled bank” means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934;]
(60) “sewage” means night-soil and other contents of water closets, latrines, privies, urinals, cesspools, or drains and polluted water from sinks, bathrooms stables, cattle-sheds and other like places and includes trade effluent and discharges from manufactories of all kinds;
1. This word was substituted for the word “Povincial” by the Adaptation of Laws Order, 1950.
2. This portion was substituted for the words “the Dominion of India”, ibid.
3. Clause (54) was substituted for the original by Guj. 8 of 1968, s. 2 (6).
4. Clause (54) was and was deemed always to have been substituted by Guj. 5 of 1970, s. 2 (2).
5. Clause (55A) was inserted by Guj. 8 of 1968, s. 2 (7).
6. Clause (59A) was inserted by Bom. 10 of 1953, s. 2. II of 1934. 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 9
(61) “special fund” means a fund constituted under section 91;
(62) “standing order” means an order made under section 466; 1[(62A) “State Election Commission” means a State Election Commission referred to in article 243K of the Constitution of India;]
(63) “street” includes any highway and any causeway, bridge, arch road, lane, footway, sub-way, court, alley or riding path or passage, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and had access uninterruptedly for a period of twenty years, and, when there is a footway as well as a carriage way in any street, the said term includes both;
(64) “sweetmeat shop” means any premises or part of any premises used for the manufacture, treatment or storage for sale, or for the sale, wholesale or retail of any ice-cream, confections or sweetmeats whatsoever, for whomsoever intended, and by whatsoever name the same may be known, and whether the same be for consumption on or outside the premises;
(65) “theatre tax” means a tax on amusements or entertainments;
(66) “trade effluent” means any liquid either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises, means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage;
(67) “trade premises” means any premises used or intended to be used for carrying on any trade or industry;
(68) “trade refuse” means and includes the refuse of any trade, manufacture or business;
(69) “Transport Manager” means the Transport Manager of the Transport Undertaking appointed under section 40 and includes an acting Transport Manager appointed under section 41;
(70) “Transport Undertaking” means all undertakings acquired, organised, constructed, maintained, extended, managed or conducted by the Corporation for the purpose of providing mechanically propelled transport facilities for the conveyance of the public and includes all moveable and immovable property and rights vested or vesting in the Corporation for the purposes of every such undertaking;
(71) “vehicle” inculdes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, motor-car, and every wheeled conveyance which is used or is capable of being used on a street; 2[(72) “water closet” means a closet used as a privy in which discharges are pushed in or carried off by water, and includes an acqua privy, gas plant, latrine attached with gas plant, a closet of type known as P.R.A.I. (Planning Research Action Institute) type, septic tank type, hand flush type, bore hole type, clap trap type or any other type which the State Government may, by notification in the Official Gazettle, specify;]
(73) “water-connection” includes—
(a) any tank, cistern, hydrant, stand-pipe, meter or tap situated on a private property and connected with water-main or pipe belonging to the Corporation; and
(b) the water-pipe connecting such tank, cistern, hydrant, stand-pipe, meter or tap with such water-main or pipe;
1. Clause (62A) was inserted by Guj. 16 of 1993, s. 2(6).
2. Clause (72) was substituted by Guj. 1 of 1979, s. 2. H-2002–2 10 Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX
(74) “water-course” includes any river, stream, or channel whether natural or artificial;
(75) “water for domestic purposes” shall not include water for cattle, or for horses, or for washing vehicles, when the cattle, horses or vehicles are kept for sale or hire, or by a common carrier, and shall not include water for any trade, manufacture or business, or for building purposes, or for watering gardens, or for fountains or for any ornamental or mechanical purposes;
(76) “water-work” includes a lake, stream, spring, wells, pump, reservoir, cistern, tank, duct, whether covered or open, sluice, mainpipe, culvert, engine, water truck, hydrant, standpipe, conduit, and machinery, land, building or thing for supplying or used for supplying water or for protecting sources of water supply.
3. [ Delcaration of local areas to be cities for purposes of the Act.] Deleted by Guj. 16 of 1993, s.3. 1[3A. (1) (a) Where by a notification under 2[Clause (2) of article 243-O of constitution of India] any area is included within the limits of a City, all appointements, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms made, issued, imposed or granted under this Act by the Corporation in respect of the City and in force within the City immediately before the area is included in the City, shall, notwithstanding anything contained in this Act or any other law for the time being in force, extend to and be in force in the area so included from the date on which the area is included in the City.
(b) Where there are in force in the area included in a City, any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms immediately before such area is included in the City either corresponding to or inconsistent with the appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms extended and brought into force by clause (a), such appointments, notifications, notices, taxes, orders, schemes, licences, permissions, ruels, bye-laws or forms shall stand superseded.
(2) Where by a notification under 2[Clause (2) of article 243Q of Constitution of India] any area is, excluded from the limits of a City, all appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms made, issued, imposed or granted under this Act by the Corporation in respect of the City and in force within its area immediately before the area is excluded from the City shall, notwithstanding anything contained in this Act or any other law for the time being in force, continue to be in force in the area so excluded until they are superseded or modified.
(3) Where by a notification under 2[Clause (2) of article 243Q of Constitution of India] the limits of any City are altered so as to—
(a) include any area therein, or
(b) exclude any area therefrom, the State Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by order published in the Official Gazette, provide for all or any of the following matters, namely :— 3[(i) in a case falling under clause (a), the interim increase in the number of Councillors shall be filled by election of additional members from amongst such persons entitled to vote at such election from such area, as the State Government may determine and the term of such councillor shall be for the remainder of the duration of the Corporation;
1. Section 3A was inserted with effect on and from the 1st April, 1986 by Guj. 19 of 1986, s. 2.
2. These words, brackets, figures and letter were substituted for the words, brackets and figures “sub-section (3) of section 3” by Guj. 16 of 1993, s. 4(1).
3. Paragraphs (i) and (ii) were substituted for paragraphs (i), (ii) and (iii), ibid., s. 4(2). Consequences on alteration of limits of City. 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 11
(ii) in a case falling under clause (b), the removal of councillors, who in the opinion of the State Government shall represent the area so excluded from the City;]
(iv) the transfer, in whole or in part, of the assets, rights and liabilities of the surrendering local authority (including the rights and liabilities under any contract made by it) to the absorbing local authority or to the State Government and the terms and conditions for such transfer;
(v) the substitution of any absorbing local authority for the surrendering local authority or the addition of any such absorbing local authority, as a party to any legal proceeding to which a surrendering local authority is a party and the transfer of any proceeding pending before a surrendering local authority or any authority or officers subordinate to it to the absorbing local authority or any authority or officer subordinate to it;
(vi) the transfer or re-employment of any employees of a surrendering local authority to or by the absorbing local authority or the termination of services of any employee of a surrendering local authority, and the terms and conditions applicable to such employee after such transfer or re-employment or termination;
(vii) the continuance within the area so included in, or excluded from, a City under clause (a) or (b) of all or any budget estimates, assessments, assessment list or, as the case may be, assessment book, valuations, measurements or divisions made or authenticated by, or in respect of, the surrendering local authority and in force within its area immediately before the notified day, until they are superseded or modified;
(viii) the removal of any difficulty which may arise on account of any change referred to in clauses (a) and (b).
(4) Where an order is made under sub-section (3) transferring the assets, rights and liabilities of a surrendering local authority, then by virtue of that order, such assets, rights and liabilities of such local authority shall vest in, and be the assets, rights and liabilities of, the absorbing local authority.
(5) The Corporation constituted for the City and functioning immediately before the alteration of the limits of the City shall, subject to the addition or exclusion of members under sub-section (3) and the other provisions of this section continue to function till the expiry of its term under this Act and on such expiry it shall be reconstituted in the manner provided in this Act.
Explanation I.—In this section, unless the context otherwise requires—
(1) “absorbing local authority” means the local authority in the area under whose jurisdiction an area is included under 1[clause (2) of article 243Q of Constitution of India];
(2) “local authority” means the Corporation of a City, a municipality for a municipal borough, a nagar panchayat, or as the case may be, a gram panchayat; and includes, where such Corporation, municipality or panchayat has been superseded or dissolved, the person or persons appointed to exercise the powers or to perform the functions of such Corporation, municipality or panchayat;
(3) “notified day” means the day on which the alteration of the limits of a City 2[* * * * * *] takes effect;
(4) “surrendering local authority” means the local authority from the area under whose jurisdiction any area is excluded under 1[clause (2) of article 243Q of Constitution of India];
Explanation II.—For the purposes of clause (2) of Explanation I, the person or committee appointed under section 264B of the Gujarat Municipalities Act, 1963 for a notified area constituted under section 264A of that Act shall be deemed to be a municipality and the notified area or an area deemed to be a notified area under section 16 of the Gujarat Industrial Development Act, 1962, shall be deemed to be a municipal borough.]
1. These words, brackets, figures and letter were substituted for the words, brackets and figures “sub-section (3) of section 3” by Guj. 16 of 1993, s. 4(1).
2. The words and Figure “under section 3” were deleted, ibid., s. 4(3). Guj. 34 of 1964. Guj. XXIII of 1962. 12 Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX
CHAPTER II. Constitution. Municipal Authorities.
4. (1) The municipal authorities charged with carrying out the provisions of this Act are for each City :— (A) a Corporation; (B) a Standing Committee; (C) a Municipal Commissioner; and, in the event of the Corporation establishing or acquiring a Transport Undertaking; (D) a Transport Committee; (E) a Transport Manager.
(2) The duties imposed on the Corporation in respect of primary education shall be performed in accordance with the provisions of the Bombay Primary Education Act, 1947, and for the purposes of the said Act the Corporation shall be deemed to be an authorised municipality within the meaning of the said Act with power to control all approved schools within the City, and to appoint an Administrative Officer.
5. (1) Every Corporation shall, by the name of “ The Municipal Corporation of the City of .................”, be a body corporate and have perpetual succession and a common seal and by such name may sue and be sued. 1[(2) Each Corporation shall consist of councillors chosen by direct election.
(3) Where general election is to be held immediately after,—
(i) “a larger urban area’’as specified under clause (2) of article 243Q of the Constitution of India, is made, or
(ii) the census is taken under the Census Act, 1948 and the relevant figures of which have been published, or
(iii) the limits of a City are altered,—
(a) the State Government shall, by notification in the Official gazette, determine the number of wards into which the City shall be divided, the number of councillors to be elected to the Corporation and the number of seats to be reserved in favour of the Scheduled Castes, the Scheduled Tribes, the Backward Classes and Women as provided in this section, and
(b) the State Election Commission thereafter shall carry out the determination of the boundaries of the wards and the allocation of seats reserved in favour of the Scheduled Castes, Scheduled Tribes, the Backward Classes and Women among the wards in the prescribed manner.
(4) Seats shall be reserved by the State Government for the Scheduled Castes and the Scheduled Tribes in every Corporation and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Corporation as the population of the Scheduled Castes and Schedulded Tribes in City bears to the total population of the City and such seats may be allotted by rotation to different wards in the City in the prescribed manner.
1. Sub-section (2) to (8) were substituted for the original “sub-sections (2) to (4)” by Guj. 16 of 1993, s. 5. Municipal authorities charged with execution of the Act. Bom. LXI of 1947. Constitution of Corporation. 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 13
(5) 1[As nearly as may be one-half] of the total number of seats reserved under sub-section (4) shall be reserved by the State Government for Women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(6) One-tenth of the total number of seats to be filled by direct election in every Corporation shall be reserved for persons belonging to Backward Classes and 2[as nearly as may be one-half] of the seats so reserved for Backward Classes shall be reserved for Women belonging to the Backward Classes.
(7) 3[As nearly as may be one-half] (including the number of seats reserved for Women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes) of the total number of seats to be filled by direct election in the Corporation shall be reserved for women and such seats may be allotted by rotation to different wards in the City in the prescribed manner.
(8) The reservation of seats under sub-sections (4), (5) and (6) the reservation of office of Mayor under section 19 (other than the reservation for women under sub-section
(7) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India:
Provided that any person elected to any of such reserved seats shall continue as a councilor during the term of the office for which he was validly elected, notwithstanding that the reservation of seats has so ceased to have effect. EXPLANATION : For the purposes of this section,—
(1) “Scheduled Castes” means such castes, races or tribes or parts of, or groups within such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Gujarat under article 341 of the Constitution of India;
(2) “Scheduled Tribes” means such tribes or tribal communities or parts of, or groups within such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under article 342 of the Constitution of India; and
(3) “Backward Classes” means classes declared as Socially and Educationally Backward Classes by the State Government from time to time.]
5A. [Constifution of Corporation Pursuant to general election held fisrt after inclusion of an area in city.] Deleted by Guj. 16 of 1993, s.3. 4[6. (1) Every Corporation, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer.
(2) A Corporation constituted upon the dissolution before the expiration of i t s duration shall continue only for the remainder of the period for which it would have continued under sub-section (1) had it not been so dissolved.
6A. The term of office of the Councillors shall be co-extensive with the duration of the Corporation.
6B. An election to constitute a Corporation shall be completed,-
(a) before the expiration of its duration specified in sub-section (1) of section 6;
(b) before the expiration of six months from the date of its dissolution:
1. These words were substitued for the word “One-third” by Guj. 21 of 2014, s. 2 (1).
2. These words were substitued for the word “One-third”, ibid., s. 2 (2).
3. These words were substitued for the word “One-third”, ibid., s. 2 (3).
4. Sections 6, 6A, 6B and 6C were substituted for section 6 by Guj. 16 of 1993, s. 6. Dura t ion of Corporation. Term of office of Councillors. Election to consititute the Corporation. 14 Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX
Provided that where the remainder of the period for which the dissolved Corporation would have continued is less then six months, it shall not be necessary to hold any election under this section for constituting the Corporation for such period;
6C. (1) Notwithstanding anything contained in section 6B, where the duration of the Corporation has already expired before the commencement of the Bombay Provincial Municipal Corporation (Gujarat Second Amendment) Act, 1993 (hereinafter referred to as “the said date” ) or is due to expire within one year from the said date, the election to constitute such Corporation shall be held in accordance with the provisions of said amended Act and completed within one year from the said date.
(2) Where the duration of existing Corporation expires after one year from the said date, the election to constitute such Corporation shall be c