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Section 8

The Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986.State Act of Gujarat · Act 23 of 1986

(1) The State Government may by notification in the Official Gazette make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all of any of the following matters, namely:-

(a) the maintenance of registers or other records as to the political parties, if any, to which different councillors or, as the case may be, members belong;

(b) the report which the leader of a municipal party in relation to a councillor and the leader of a panchayat party in relation to a member shall furnish with regard to any condonation of the nature referred to in clause (b) of sub-section (1) of section 3 in respect of such councillor or, as the case may be, member, the time within which and authority to whom such report shall be furnished;

(c) the reports which a political party shall furnish with regard to admission to such political party of any councillors or members and the officer of the municipal corporation, panchayat or, as the case may be, municipality to whom such reports shall be furnished;

(d) the procedure for deciding any question referred to in section 6 including the procedure of any inquiry which will be made for the purpose of deciding such question; and

(e) any other matter which is required to be or may be prescribed.

(3) In making rules under this section, the State Government may provide that for any breach thereof, the offender shall on conviction be punished with fine which may extend to one thousand rupees and in the case of continuing breach with fine which may extend to fifty rupees for every day during which the breach continues after conviction for the first breach.

(4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make during the session in which they are so laid on the session immediately following.

(5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon, take effect.

9. In the Bombay Provincial Municipal Corporations Act, 1949, in section 10, after sub-section (2), the following sub-section shall be added, namely: . These words were inserteds, by Guj. 15 of 2016, s.3(i).

. These words were substituted for the words "Chief Secretary or the designated officer", ibid., s.3(ii).

Rules.

Amendment of section 10 of Bom. LIX of 1949.

Bom. LIX of 1949.

The Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986.

1986 : Guj. 23]  "(3) A person who at any time during the term of his office is disqualified under the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 for being a councillor shall cease to hold office as such councillor."

10. In the Gujarat Panchayats Act, 1961, in section 23, after sub-section

(1), the following sub-section shall be added, namely: "(2) A person who at any time during the term of his office is disqualified under the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 for being a member of a taluka panchayat or, as the case may be, a district panchayat shall cease to hold office as such member."

11. In the Gujarat Municipalities Act, 1963, in section 11, after sub-section

(3), the following sub-section shall be added, namely: "(4) A person who at any time during the term of his office is disqualified under the Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986 for being a councillor shall cease to hold office as such councillor."

______________ Printed At Government Press, Bhavnagar.

Guj. 23 of 1986.

Guj. 6 of 1962. Amendment of section 23 of Guj. 6 of

1962.

Guj. 23 of 1986.

Amendment of section 11 of Guj. 34 of

1964.

Guj. 34 of 1964.

Guj. 23 of 1986.

Where this provision sits

ActThe Gujarat Provision for Disqualification of Members of Local Authorities for Defection Act, 1986.
Section8
JurisdictionState of Gujarat
StatusIn force as published by the source

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