LexThe Gujarat Municipalities Act, 1963
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Open in Lexace · Ask the AI about this act1964 : Guj. 34] Gujarat Municipalities Act, 1963
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
GUJARAT ACT NO. 34 OF 1964
THE GUJARAT MUNICIPALITIES ACT, 1963
(As modified upto the 31st October, 2012)
[1964 : Guj. 34 Gujarat Municipalities Act, 1963
THE GUJARAT MUNICIPALITIES ACT, 1963.
CONTENTS.
PREAMBLE.
SECTIONS. PAGE NO.
CHAPTER I.
PRELIMINARY.
1. Short title, extent and commencement.
2. Definitions.
3. [Deleted.]
CHAPTER II.
CONSTITUTION OF MUNICIPALITIES.
(1) [ Deleted]
4. [Deleted.]
4A. [Deleted.]
(2) Constitution of Municipalities.
5. Incorporation of Nagar Panchayat and Municipal council.
6. Municipality to consist of elected councillors.
(3) Election of Councillors.
7AA. [Deleted.]
7. Determination of number of councillors to be elected and determination of
wards.
8. Duration of the Municipalities, and the Councillors.
8A. Appointment of an officer to exercise the powers of the Municipality in
unforeseen circumstances.
9. List of Voters for every ward.
9A. [Deleted.]
9B. [Deleted.]
9C. [Deleted.]
9D. [Deleted.]
9E. [Deleted.]
9F. [Deleted.]
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SECTIONS. PAGE NO.
9G. [Deleted.]
9H. [ Deleted.]
9I. [Deleted.]
9J. [ Deleted. ]
10. Persons qualified to vote and be elected.
11. General disqualifications for becoming a councillor.
Vacation of seat. Decision of State Government in case of disputes.
12. General disqualifications of voters.
13. Right to vote.
14. Determination of validity of elections.
(5) (a) Declaration in case of corrupt practice by candidate.
(b) Scrutiny of votes and declaration in other cases.
(6) What is corrupt practice.
(6) (c) Candidates when deemed to have committed corrupt practice.
(7) Mere irregularities and informalities not to invalidate election.
(8) Disqualification of persons committing corrupt practice.
15. Voter disqualified for corrupt practice.
(4) Election offences.
16. Prohibition of canvassing in or near polling stations.
17. Penalty for disorderly conduct in or near polling stations.
18. Penalty for misconduct at polling station.
19. Maintenance of secrecy of voting.
20. Officers, etc., at elections not to act for candidates or to influence voting.
21. Breaches of official duty in connection with elections.
22. Removal of ballot papers from polling station to be an offence.
23. Other offences and penalties therefor.
24. Prosecution regarding certain offences.
(5) Requisition of premises for purposes of holding elections.
25. Requisitioning of premises, vehicles, etc., for municipal elections.
26. Payment of compensation.
27. Power to obtain information.
28. Eviction from requisitioned premises.
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29. Release of premises from requisition.
30. Penalty for contravention of any order regarding requisitioning.
CHAPTER III.
PRESIDENT, VICE-PRESIDENT, COUNCILLORS AND OFFICERS AND
SERVANTS OF THE MUNICIPALITY.
(1) Provisions relating to Presidents, Vice-Presidents and Councillors of
municipalities.
31. President and Vice-President.
32. Election of President and Vice-President.
33. Term of office of President and Vice-President.
34. Duty of retiring President etc., to hand over charge of office.
35. Resignation of President, Vice-President or Councillor.
36. Motion of no confidence.
37 Removal from office.
37A. Resignation not to affect subsequent disqualification of a councillor.
38. Disabilities from continuing as a councillor.
39. Leave of absence.
40. Suspension of President or Vice-President.
41. Eligibility of certain members for re-election.
42. Filling of vacancies.
43. Vacancy in Municipality, etc., not to invalidate its proceedings.
(2) Municipal Government,
functions of President or Vice-Presidents.
44. (1) Municipal. Government vests in the municipality.
(2) Executive power vests in the Chief Officer.
45. Functions of President.
46. Functions of Vice-President.
(3) Officers and servants of the municipalities.
47. Appointment of chief Officers and other Officers.
47A Constitution of Municipal services.
48. Imposition of Penalties.
49. Powers and duties of Chief Officer.
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50. Appointment of other officers and servants of Municipalities.
50A. Provident Fund to be deposited in Government Treasury.
CHAPTER IV.
CONDUCT OF BUSINESS.
(1) Municipal Meetings.
51. Provisions in regard to meetings of municipality and procedure.
52. The chief officer to be present at every meeting of the municipality but not to
vote upon or make any proposition.
(2) Committees.
53. (1) Executive Committee.
(2) Powers of Executive Committee.
54. Pilgrim Committee.
55. Other Committees.
56. Consultative Committees.
57. When person other than Councillors may serve on Committees.
Duties, etc., of such persons.
58. Casual Vacancies, re-eligibility.
59. (1) Ex-officio and appointed Chairman.
(3) Non-attendance of Chairman.
60. (1) Procedure at meetings.
(2) Meeting and adjournment of committees.
(3) Quorum.
61. (1) Procedure by circular.
(2) Propositions when to be sent to Government of Panchayat officers for
remarks.
(3)Decisions how to be taken on propositions circulated.
(4) And how to be recorded.
62. Subordination of committees to municipality.
63. Powers, duties and functions may be delegated to officers whose expenses may
be paid.
(3) Joint transactions with other bodies.
64. Joint committees of local bodies.
(4) Contracts.
65. (1) Powers of Municipality to sell, lease and contract.
(3) Sanction by resolution at general -meeting requisite to validity of certain
contracts.
(4) Execution of contracts on behalf of municipality.
66. Mode of executing contracts.
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67. Tenders to be invited for contracts involving expenditure exceeding Rs. 5,000.
68. Security when to be taken for performance of contract.
(5) Compulsory acquisition of land.
69. Recourse to the Land Acquisition Act, 1894.
(6) Liabilities of councillors officers and servants.
70. Liability of councillors for misapplication.
71. Officer or servant of municipality not to be interested in contract with such
municipality.
72. Penalty for councillor, officer or se rvant of a municipality being interested in
contract, etc., with that municipality.
73. Councillors etc. to be deemed public servants.
(7) Validity of proceedings.
74. (1) Acts, and proceedings of municipality and committee not vitiated by
disqualifications, etc., of members thereof.
(2) Proceedings presumed to be good and valid.
(8) Municipal Accounts.
75. Accounts to be kept.
76. Presentation of Accounts, budget estimates.
77. Audit of Accounts.
78. Transmission of accounts to State Government.
79. Publication of accounts.
CHAPTER V.
MUNICIPAL PROPERTY AND FUND.
80. Power to acquire and hold property for the purposes of the Act.
81. Decision of claims to property by or against the municipality.
82. Municipal Fund.
Special trusts.
83. Application of municipal property and funds within and without the municipal
borough.
84. Power of municipality to extend service to persons or properties outside its limits
when authorised by Government.
85. Extension by Municipality of its services etc., to area outside its limits.
86. Deposit of funds and investment of surplus funds.
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CHAPTER VI.
FUNCTIONS OF MUNICIPALITIES.
SECTIONS. PAGE NO.
87. Duties of municipalities.
88. Provision for anti-rabic treatment of indigent persons.
89. Provision for lunatics and lepers.
90. Analysis and inspection of water supplied through pipes.
91. Discretionary functions.
92. Arrangements purporting to be binding permanently or for a term of years.
CHAPTER VII.
PROVISIONS AS TO TRANSFER OF CERTAIN FUNCTIONS.
(A) Transfer of functions relating to recovery of land revenue and cesses under the
Land Revenue Code and the law relating to collection of cesses.
93. Recovery of land revenue by municipalities.
94. Responsibility of the municipalities.
95. Conferment of powers and duties for collection of land revenue on
municipalities.
96. Right of State Government to collect land revenue unaffected.
97. Collector to appoint officer on suspension of powers of municipality.
(B) Transfer of functions of State Government.
98. Transfer of functions of State Government to municipalities.
CHAPTER VII A.
TAXATION BY THE STATE GOVERNMENT.
98A. Levy of fifty paise cess on every rupee of land revenue.
98B. Levy of cess on water rate.
98C. Manner of levying cess described in section 98A.
98D. Manner of levying cess described in section 98B.
98E. Collection and credit of local cess on land revenue and water rates.
98F. Suspension and remission of local cess.
[1964 : Guj. 34 Gujarat Municipalities Act, 1963
CHAPTER VIII.
MUNICIPAL TAXATION.
(1) Imposition of taxes.
SECTIONS. PAGE NO.
99. Taxes which may be imposed.
99A. Tax on buildings and lands.
100. Payment to be made to the municipality in lieu of a tax on buildings by the
Government or district panchayat or taluka panchayat concerned.
101. Procedure preliminary to imposing tax.
102. Power to sanction, modify and impose conditions.
103. Publication of sanctioned rules with notice.
104. Municipalities empowered by the State Government to levy tax or vary amount
or rate of tax.
(2) Assessment of and liability to taxes on buildings or lands.
105. (1) Preparation of an assessment list.
(3) Power to inspect and require returns.
106. (1) Person primarily liable of a tax on buildings or lands or both how to be
designated if his name cannot be ascertained.
(2) Occupier liable for tax on buildings or lands or both until he gives
information.
107. Publication of notice of assessment list.
108. (1) Public notice of time fixed for lodging objections.
(2) Objections how to be made.
(3) Hearing of objections.
(4) Authentication of list.
(5) Custody and inspection of list.
(6) Authenticated list how far conclusive.
109. (1) Amendment of assessment list. Notice of new buildings.
(2) Objection how dealt with.
(3) Effect of amendment.
110. Notice to be given to the executive committee of de molition or removal of
building.
111. New assessment list need not be prepared every year.
112. Power of State Government to appoint person to authenticate list in case of
default by municipality.
113. Tax from whom primarily leviable.
114. [Deleted.]
115. Notice to be given to the chief officer of all transfers of title of person primarily
liable to payment of tax on buildings or lands.
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116. Form of notice.
117. Liability for payment of tax on building or land or both to continue in absence of
any notice of transfer.
(3) Power to charge fees.
118. (1) Fees may be charged for certain licences
(2) Levy of fees for unauthorized occupation or projection.
(3) Market and their fees.
(4) Special provisions relating to certain taxes.
119. (1) Fixed charges and agreements for payment in lieu of taxes for water supplied.
(2) Power to fix a special rate in lieu of special sanitary cess.
(3) Power to compound tax on vehicles or animals.
(4) Recovery of sums claimed under this section.
120. Taxes on pilgrims may be assigned in part to panchayats.
(5) Tolls.
121. [Deleted.]
122. [Deleted.]
123. [Deleted.]
124. [Deleted.]
125. [Deleted.]
126. Tables of tolls to be shown on demand.
127. (1) Power to seize vehicle or animal on non-payment of toll.
(2)Power to sell property seized at once.
(3) Release of property on payment.
(4) Sale.
(5) Surplus how dealt with.
128. [Deleted.]
129. [Deleted.]
129A. [Deleted.]
(6) Powers of State Government in respect of municipal taxes.
130. Power of State Government to suspend levy of objectionable taxes.
131. Power of State Government to require municipalities to impose taxes.
CHAPTER IX.
RECOVERY OF MUNICIPAL CLAIMS.
132. (1) Presentation of bill for taxes.
(2) Contents of bill.
133. (1) Coercive measures for recovery of municipal claims.
(3) To whom warrant should be addressed.
(4) Power of entry under special order.
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(5) Warrant how to be executed.
134. (1) Sale of goods distrained in special cases.
(2) Sale of property distrained or attached ; application of proceeds of sale.
(5) Surplus, if any, how dealt with.
135. Sale outside municipal borough.
136. Fees and costs chargeable.
137. Summary proceedings may be taken against persons, about to leave the borough.
138. Appeals to Magistrates.
139. Entries in the assessment list and taxes and decisions to be final.
140. Liability of land, buildings, etc., for taxes.
141. Receipts to be given for all payments.
142. Certain amounts to be recovered as arrears of land revenue.
CHAPTER IXA.
142A. Finance Commission.
CHAPTER X.
FINANCIAL ASSISTANCE TO MUNICIPALITIES.
143. Rebate in respect of cost of collection of land revenue, etc.
144. Power of Government to make grants.
145. Condition of grant.
CHAPTER XI.
MUNICIPAL POWERS AND OFFENCES.
(1) Powers in respect of streets.
146. (1) Powers regarding public streets.
(2) Acquisition of adjacent land to form street.
147. (1) Power to require repair etc., of private streets.
(2) And to declare such street public.
(3) Apportionment of expenses in default.
148. Power to declare any street a public street subject to objections by the owners.
149. (1) New private streets.
(2) Power of municipality to pass interim orders.
(3) Right to proceed in certain cases.
(4) Penalty.
150. Regular line of a public street.
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(2) Power to regulate buildings, etc.
151. (1) Setting back projecting buildings.
(2) Acquisition of land which is within the regular line of a street and open or
occupied only by platform etc.
(3) Compensation payable by the municipality.
152. Setting forward to regular line of street.
153. (1) Roofs and external wall of buildings not to be made of inflammable
materials.
(2) Powers of require removal of roof and wall if inflammable.
(4) Penalty.
154. Level of buildings.
155. (1) Notice of new buildings.
(2) Power to chief officer to pass order.
(4) Power to suspend the work or require further particulars.
(5) Right to proceed in certain cases.
(6) Commencement of work.
156. Power of Municipality to refuse permission.
157. Completion certificates permission to occupy or use.
158. Regulation of huts.
159. Improvement of huts.
(3) Powers connected with drainage, etc.
160. Municipal control over drains etc.
161. Powers for making and repairing drains.
162. Power to require sufficient drainage of houses.
163. New buildings not to be erected without drains.
164. Powers of owners and occupiers of buildings or lands to drain into municipal
drains.
165. Right to carry drain through land or into drain belonging to other persons.
166. Right of owner of land through which drain is carried in regard to subsequent
building thereon.
167. Provisions of privies, etc.
167A. Power of Chief Officer to require owner to provide water closet or privy
accommodation.
168. Power to require owners to keep drains, etc., in proper order or to demolish or
close a privy or cesspool.
169. Power to close existing private drains.
170. Power in respect of sewer s, etc., unauthorizedly constructed, rebuilt or
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unstopped.
171. Encroachments on municipal drains.
172. (1) Inspection of drains etc.
(2) Expense of inspection when to be borne by the Municipality.
173. Executive committee m ay execute certain works under this sub -chapter without
allowing option to person concerned of executing the same. Expenses in such
cases by whom to be paid.
174. Pipes etc., constructed by municipality to be municipal property.
(4) Powers in respect of water supply.
175. Power of carrying water mains.
(5) Powers regarding external structures, etc.
176. (1) Permission necessary for certain projections.
(4) Removal of projection.
177. Troughs and pipes for rain water.
178. Fixing of lamps, brackets, etc., to houses.
179. Naming streets and numbering of premises; penalty for defacing etc.
180. Penalty for defacing building, etc.
181. Removal and trimming of hedges, trees, etc.
(6) Powers for promotion of public health, safety and convenience.
182. (1) Ruinous or dangerous buildings; precautionary measures.
(2) Repairs to be made by owner or occupier; default by such.
183. (1) Powers and duties with regard to dangerous, stagnant or insanitary sources of
water supply.
(2) Remedy on non-compliance with directions issued.
184. Displacing pavements, etc.
185. Obstructions and encroachments upon public streets and open spaces.
186. Hoards to be set up during repairs, etc.
187. Fencing and lighting during repairs, etc.
188. Timber not to be deposited or hole made in street without permission.
189. Dangerous quarrying.
190. Provision as to dogs.
191. Provision as to keeping of pigs.
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(7) Powers for the prevention of nuisances.
192. Depositing dust, etc., committing nuisance.
193. Discharging sewage, etc.
194. Non removal of filth, etc.
195. Removal of night-soil.
196. (1) Filthy buildings, etc.
(2) Deserted and offensive buildings.
197. Buildings or rooms in buildings unfit for human habitation.
198. Power to enter and inspect, etc., buildings.
199. Bathing places.
200. (1) Regulation of washing of clothes by washermen.
(2) Washing place to be provided by the executive committee for washermen.
201. Fouling water.
202. Abatement of nuisance from wells, etc.
203. Using offensive manure, etc.
204. Tethering cattle, etc.
205. Feeding animals on filth.
206. Consumption of smoke.
(8) Regulation of market, Sale of foods, etc.,
207. Licensing markets and slaughter-houses.
208. Opening, closing and letting of markets and slaughter-house.
209. Power to remove persons from municipal markets.
210. Slaughter houses, etc., beyond municipal limits.
211. (1) Search for and inspection of unwholesome articles.
(2) Application for summons to be refused if not applie d for within reasonable
time.
212. Powers of inspection of weights and measures, etc.
(9) Regulations of dairies and cattle sheds.
213. Licensing of dairies.
(10) Prevention of dangerous diseases.
214. Powers to prevent disease which may at any time be conferred.
215. Duties of municipality on threatened or actual outbreak of dangerous disease.
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216. Withdrawal and modification of powers and orders.
217. Duties of municipality in respect of diseases among cattle.
218. Proceedings to abate the overcrowding of the interiors of building.
219. Special powers which may be conferred by the State Government in respect of
overcrowded area.
220. Closing of places for disposal of the dead.
(11) Nuisances from certain trades and occupations.
221. Regulation of certain trades.
222. Prohibition of use of steam whistles, etc.
223. Loitering or importuning for purpose of prostitution.
(12) Regulation of pilgrims lodging houses.
224. Pilgrims lodging houses.
(13) Powers in case of fire.
225. Police and municipal officers to aid fire-brigade.
(14) Service of notices, summons, etc., penalties on non-compliance
therewith and execution of works on default.
226. (1) Service of notices, etc. addressed to individuals.
(2) Service of notices on owners or occupiers of buildings and lands.
(3) Public and general notices how to be published.
(4) Defective form not to invalidate notice.
(5) Execution of acts required to be done by any notice.
227. Punishment for disobedience of order and not ice not punishable under any other
section.
228. General penalty.
229. (1) Municipality in default of owner or occupier may execute works and recover
expenses.
(a) Agreement for construction of drainage and water connections.
(b) Improvement expenses.
(2) Power to levy charges on occupier who may deduct the same from his rent.
(3) Occupiers not to be liable for more than the amount of rent due.
230. Occupier in default of owner, may execute works and deduct expenses from his
rent.
231. Proceedings if any occupier opposes the execution of the Act.
232. Liability of persons receiving rent as owners subject to availability of funds.
[CHAPTER XII] Repealed.
POWER TO EVICT PERSONS FROM PREMISES BELONGING TO MUNICIPALITY.
[REPEALED]
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233. [Repealed]
234. [Repealed]
235. [Repealed]
236. [Repealed]
237. [Repealed]
CHAPTER XIII.
CATTLE POUNDS.
238. Cattle tress-pass Act to cease to apply.
239. Power to establish cattle pounds and appoint pound keepers.
240. Penalty for allowing cattle to stray in street or to tres -pass upon private or public
property.
241. Impounding of cattle.
242. Sale of cattle not claimed.
243. Pound-fees and expenses chargeable to be fixed.
244. Complaints of illegal seizure or detention.
245. Security in respect of impounded cattle.
CHAPTER XIV.
PROSECUTIONS, SUITS AND POWERS OF POLICE
246. (1) Municipality may prosecute.
(2) Jurisdiction of Magistrate; recovery of compensation and expenses.
247. Distress lawful though defective in form.
248. Damage to municipal property how made good.
249. Alternative procedure by suit.
250. Power to sue, compromise and pay compensation.
251. Assistance for the recovery of rent on land.
252. Bar of suits against municipality, its officers, servants, etc. fo r acts done in good
faith.
253. Limitation of suit against municipality, its officers and servants for acts done in
pursuance of execution of this Act.
254. Previous sanction for prosecution against President or Vice -President or
Councillor.
255. Powers of police officers.
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CHAPTER XV
PROVISIONS RELATING TO SERVICES.
256. Posting under municipalities of officers and servants in State Service.
CHAPTER XVI.
CONTROL.
257. Power of inspection and supervision.
258. Powers of Collector to suspend execution of orders, etc. of municipalities.
259. Extraordinary powers of Collector in case of emergency.
260. Power of Director to prevent extravagance in the employment of establishment.
261. Inquiry into municipal matters by State Government.
262. Power of State Government to provide for performance of duties on default by
municipality,
263. (1) Power of State Government to dissolve or supersede municipality in case of
incompetency, default, or abuse of power.
(2) Consequences of dissolution.
(3) Constitution of municipality after dissolution.
(4) [Deleted.]
263A. [Deleted.]
264. Powers of State Government over Collectors, etc.
CHAPTER XVIA
NOTIFIED AREAS.
264A. Notified areas.
264B. Power of State Government to impose ta xation and regulate expenditure of the
proceeds thereof.
264C. Application of Act to notified area.
264D. [Deleted.]
264E. Vesting, recovery and application of property, rights and liabilities of persons or
committees appointed for areas ceasing to be notified area.
CHAPTER XVII.
SPECIAL PROVISION APPLICABLE WHEN MUNICIPAL BOROUGH LIMITS
ARE ALTERED OR MUNICIPAL BOROUGHS ARE AMALGAMATED WITH
OTHER LOCAL AUTHORITIES OR SPLIT-UP INTO DIFFERENT LOCAL
AUTHORITIES.
265. Interpretation.
266. Power of State Government to make suitable provisions by order when a
municipal borough altered.
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CHAPTER XVIIA.
SPECIAL PROVISIONS FOR CONVERSION OF GRAM PANCHAYATS INTO
MUNICIPALITIES.
266A. Interpretation.
266B. Effect of conversion of gram panchayat into municipality.
266C. [Deleted.]
266D. [Deleted.]
266E. [Deleted.]
CHAPTER XVIII.
MISCELLANEOUS PROVISIONS.
267. Entry for purposes of the Act.
268. Arbitration in cases of compensation, etc.
269. Costs or expenses how determined and recovered.
270. Power of authorised officer to recover record, money or other property.
270A. [Deleted.]
271. Municipalities to make rules.
(c) Defining the functions of the President and others.
(d) Establishment.
(e) General guidance of municipal servants.
(f) Amount of security.
(g) Mode of appointing, etc., municipal servants.
(h) Leave to municipal servants.
(i) Pensions, etc.
(j) Provident funds.
(l) Prescribing taxes.
(m) Writing off amounts due.
(a) Approval required to rules.
(b) Officers transferred from or to the service of the Government.
(c) Notice required in certain cases of dismissal. 152
272. Discretionary power to make rules.
273. [Deleted.]
274. Power to suspend, reduce or abolish any existing tax.
275. (1) Power to make by-laws.
(a) Markets and slaughter-houses, etc.
(b) Licensing, regulating and inspecting certain businesses.
(c) Use of steam whistles, etc.
(d) Pilgrims lodging houses.
(e) Stalling of cattle, etc.
(f) Milk shops.
(g) (i) For regulation on dairies and cattle-sheds.
(ii) Milk stores, etc.
(h) Registration of births, etc.
(i) Regulating the disposal of the dead.
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(j) For enforcing supply of information as to epidemics.
(k) For enforcing supply of information as to liability to municipal taxation.
(l) [Deleted.]
(m) For protecting water.
(n) Supply of water.
(o) Public baths, etc.
(p) Conservancy.
(q) Temporary structures and buildings.
(r) Buildings.
(s) Streets.
(t) Ventilation.
(u) For requiring lighting stair-cases, etc., at night.
(v) Qualified surveyors.
(w) Drains.
(x) Requiring information and plans in certain cases.
(y) Controlling unwieldy traffic.
(z) Public parks.
(dd) General regulation.
Fine may be imposed for infringement of bye-laws.
(3) Publication of drafts of proposed bye-laws.
(5) Objections and suggestions to be submitted to Central or State Government.
276. Rules and by-laws to be printed and sold.
277. Powers of State Government to make rules.
278. Special provisions for agricultural area.
278A. Delegation.
279. Repeal.
280. Removal of difficulties.
281. Transitory provision.
SCHEDULE I.
SCHEDULE. II. Form of Notice of transfer to be given when the transfer has been
effected by Instrument.
SCHEDULE III. Form of Notice of transfer to be giv en when 163 the transfer has
taken place otherwise than by instrument.
SCHEDULE IV. Form of Notice of Demand.
SCHEDULE V. Form of warrant.
SCHEDULE VI. Form of Inventory and Notice.
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GUJARAT ACT NO. 34 OF 19641
[THE GUJARAT MUNICIPALITIES ACT, 1963]
[28th December, 1964]
Amended by Guj. 6 of 1965.
Amended by Guj. 32 of 1965.
Amended by Guj. 4 of 1966.
Amended by Guj. 3 of 1968.
Amended by Guj. 11 of 1969.
Amended by Guj. 7 of 1970.
Amended by Guj. 10 of 1973.
Amended by Guj. 12 of 1973.
Amended by Presi. Act No. 11 of 1976.
Amended by Guj. 16 of 1977.
Amended by Guj. 5 of 1978.
Amended by Guj. 15 of 1978.
Amended by Guj. 29 of 1978.
Amended by Guj. 2 of 1979.
Amended by Guj. 11 of 1979.
Amended by Guj. 12 of 1979.
Amended by Guj. 13 of 1980.
Amended by Guj. 20 of 1980.
Amended by Guj. 2 of 1982.
Amended by Guj. 2 of 1983.
Amended by Guj. 16 of 1983.
Amended by Guj. 23 of 1986.
Amended by Guj. 5 of 1990.
Amended by Guj. 7 of 1990.
Amended by Guj. 17 of 1993.
Amended by Guj. 15 of 1994.
Amended by Guj. 3 of 2000.
Amended by Guj. 14 of 2001.
Amended by Guj. 17 of 2005
Amended by Guj. 13 of 2007.
Amended by Guj. 10 of 2008
Amended by Guj. 21 of 2011.
An Act to consolidate and amend the law relating to municipalities in
the State of Gujarat so as to give them wider powers in the management
of municipal affairs.
It is hereby enacted in the Fourteenth Year of the Republic of India as follows :-
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called the Gujarat Municipalities Act, 1963.
(2) It extends to the whole of the State of Gujarat.
(3)It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,-
1A[ * * * * * * * * * *]
2[(1A) " Assembly " means the Gujarat Legislative Assembly;]
Short title, extent and
commencement.
Definitions.
[1964 : Guj. 34 Gujarat Municipalities Act, 1963
(2)"building" includes any hut, shed or other enclosure, whether used as a human
dwelling or for any other purpose, and shall also inc lude walls including com -
pound walls and fencing, verandahs, fixed platforms, plinths, doorsteps and the
like;
2A[(2A) “carpet area” means the floor area of a building excluding the area over
which a wall whether outer or inner is erected;]
(3) "cattle" means and includes bulls, bullocks, heifers, cows and their young,
elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules,
asses, swine, sheep, ewes, rams, lambs, goats and kids;
3[(3A) "Central law" means the Representation of the People Act, 1950;]
3A[(3B) “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
Director of Municipalities by notification in the Official Gazette;]
(4)"Councillor" means a member of the municipality in a municipal borough;
(5)"dangerous disease" means cholera, plague, small -pox and any endemic,
epidemic or infectious disease by which the life of man is endangered;
4[(6)"Director" means the officer appointed for the time being by the State
Government to be Director of Municipalities, Gujarat State;]
(7)" the earlier municipal law" means—
(a) the Bombay District Municipal Act, 1901,
(b) the Bombay District Munic ipal Act, 1901 as adapted and applied to
the Suaurashtra area of the State,
(c) the Bombay Municipal Boroughs Act, 1925,
(d) the Bombay Municipal Boroughs Act, 1925 as adapted and applied to
the Saurashtra area of the State, and
(e) the Bombay Municipal Boroughs Act, 1925 as extended to the Kutch
area of the State;
5[(7A) "election" means and includes the entire election process commencing
from the division of wards and all stages culminating into election of a
councillor and it is always deemed to have meant and included the entire election
process as aforesaid.
(7B) "Finance Commission" means the Finance Commission constituted under
article 243-1 of the Constitution of India;]
(8) "Gujarati" means the Gujarati language,
(9) "hou se-gully" means a passage or strip of land constructed, set apart or
utilized for the purpose of serving as a drain or affording access to a privy,
urinal, cess -pool or other receptacle for filthy or polluted matter, to municipal
servants or to persons emp loyed in the cleansing thereof or in the removal of
such matter therefrom;
(10) " Judge" means District Judge, Joint Judge, Assistant Judge, Judge of a
Court of Small Causes, Civil Judge, or Joint Civil Judges;
(11)"Land" includes land which is being buil t upon or is built upon or covered
43 of 1950.
Bom. III of
1901.
Bom.
XVIII of
1925.
1964 : Guj. 34] Gujarat Municipalities Act, 1963
21 of 158
with water, benefits to arise out of land, things attached to the earth or perma -
nently fastened to anything attached to the earth and rights created by legislative
enactment over any street
(12) "Land Revenue Code" means-
(a) in the Bombay and Saurashtra areas of the S tate of Gujarat, the
Bombay Land Revenue Code, 1879, and
(b) in the Kutch area of the State of Gujarat, the said Code as applied to
that area;
6[(12A) "list of voters" means a list of vot ers published under sub -section (2) of
section 9 for a ward within the meaning of that expression in sub -section (1) of
section 7;]
6A[(12B) "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;]
7[( 13) "Municipal Borough" means a transitional area, or as the case may be, a
smaller urban area, as spe cified in clause (2) of article 243Q of the Constitution
of India and includes other local areas already declared to be a municipal
borough prior to the commencement of the Gujarat Municipalities (Amendment)
Act, 1993;]
8[(14)"Municipality" means Nagar Pa nchayat constituted under section 5( 1) or
as the case may be, "Municipal Council" constituted under section 5(2)" ];
(15) "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,
smelling or hearing, or which is or may be dangerous to life or injurious to health
or property;
9[ * * * * * * * * *]
(17) "official year" means the year commencing on the first day of April;
(18) "owner" includes the person for th e time being receiving the rent of any
land or building, whether on his own account or as agent or trustee for any other
person or for any society or for any religious or charitable purposes, or who
would so receive the rent if such land or building were let to a tenant;
(19) "panchayat" means a panchayat of any class constituted under the Gujarat
Panchayats Act, 1961;
10[(20) "Population" in relation to the municipal borough means the population as
ascertained in the last preceding cens us of which the relevent figures have been
published;
(20A) "prescribed" means prescribed by rules made under section 277;]
(21) "public securities" means-
(a) securities of the Central Government and of the State Government,
(b) stocks, debentures or shares in railway or other companies the
interest whereon has been guaranteed by the Secretary of State for India
in Council or the Central or the State Government,
Bom. V of 1879.
Guj. 17 of 1993.
Guj. VI of
1962.
[1964 : Guj. 34 Gujarat Municipalities Act, 1963
(c) debentures or other securities for money issued by or on behalf of any
local authority in exercise of powers conferred by a Central Act or an
Act of the Legislature of a State, or
(d) a security expressly authorised by any order which the State
Government makes in this behalf;
(22) "public street" means any street-
(a) over which the public have a right of way; or
(b) heretofore levelled, paved, metalled, channelled, sewered or repaired
out of municipal or other public funds; or
(c) which under the provisions of section 147 or 148 is declared by the
municipality to be, or under any othe r provisions of this Act becomes, a
public street;
(23) "private street" means a street which is not a public street;
(24)"salaried servant of the Government" does not include a retired servant of
the Government in receipt of a pension or a person in receipt of a salary from the
Government who is not a full time servant of the Government;
11[(24A) "Sta te Election Commission" means State Election Commis sion
referred to in article 243K of the Constitution of India;]
(25) "street" means any road, footway, square, court alley or passage, accessible
whether permanently or temporarily to the public, whether a thoroughfare or not:
and includes every vacant space , notwithstanding that it may be private property
and partly or wholly obst ructed by any gate, post , chain or other barrier, if
houses, shops or other buildings abut thereon and if it is used by any persons as a
means of access to or from any public place or thoroughfare, whether such
persons be occupiers of such buildings or not; but does not include a ny part of
such space which the occupier of any such building has a right at all hours to
prevent all other persons from using as aforesaid;
(26) "tax" means any tax, rate, cess, fee or other impost leviable under this Act,
and includes a water rate;
(27) "vehicle" includes bicycles, tricycles, motor cars, and every wheeled
conveyance which is used or capable of being used on a public street;
(28) "water closet" means a closet which has separate fixed receptacle connected
to a drainage system and separat e provision for flushing from a supply of clean
water either by the operation of mechanism or by automatic action,
3. [Municipality and Municipal Borough how known in Gujarati.] Deleted by Guj. 17 of
1993, s.3.
CHAPTER II.
CONSTITUTION OF MUNICIPALITIES.
12 * * * * *
13 * * * * * *
4. [Declaration of municipal Boroughs and alteration of their limits] Deleted by Guj. 17
of 1993, s.5.
4A. [Special provision for declaration of nagar as municipal Borough. ] This section
which was inserted by Guj. 20 of 1980, s.6 was subsequently deleted by Guj. 17 of 1993,
1964 : Guj. 34] Gujarat Municipalities Act, 1963
23 of 158
s.5.
(2) Constitution of Municipalities.
14[5. (1) In every transitional area there shall be a Nagar Panchayat and every such
Nagar Panchayat shall be a body corporate by th e name of "the Nagar
Panchayat" and shall have perpetual succession and a common seal, and may sue
and be sued in its corporate name through its chief officer.
(2) In every small urban area there s hall be a Municipal Council and every such
Municipal Council shall be a body corporate by the name of "the Munici pal
Council" and shall have perpetual succession and a common seal, and may sue
and be sued in its corporate name through its chief officer.]
15[6. (1) Every municipality shall consist of elected councillors.
(2) The number of such councillors shall he-
(a) 21, in the case of a nagar panchayat,
(b) 27, if the population of the municipal borough exceeds 25,000 but
does not exceed 50,000,
(c) 36, if the population of the municipal borough exceeds 50,000 but
does not exceed 1,00,000,
(d) 42, if the population of the municipal borough exceeds 1,00,000 but
does not exceed 2,00,000, and
(e) 51, if the population of the municipal borough exceeds 2.00.000.
(3) Out of the total number of scats of councillors in a municipality, there shall
be reserved seats for Scheduled Castes, Scheduled Tribes, Backward Classes and
women as follows, namely.
(a) Seats shall be reserved by the Sta te Government for the Scheduled
Castes and the Scheduled Tribes in every municipality 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 that
municipality as the population of the Scheduled Castes in that municipal
area or of the Scheduled Tribes in that municipal area bears to the total
population of that area and such seats may be allotted by rotation to
different constituencies in a municipality in the prescribed manner.
(b) One-third of the total number of seats reserved under clause (a) shall
be reserved for women belonging to the Scheduled Castes o r as the case
may be, the Scheduled Tribes.
(c) One-tenth of the total number of seats to be filled by direct election in
every municipality shall be reserved for persons belonging to backward
classes and one -third of the seats so reserved for backward classes shall
be reserved for women belonging to the backward classes. Such seats
may be allotted by rota tion to different constituencies in the prescribed
manner.
(d) One -third (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 every municipality shall be reserved for women and such
seats may be allotte d by rotation to different con stituencies in a
municipality in the prescribed manner.
Incorporation of
Nagar Panchayat
and Municipal
Council
Municipality to
consist of elected
Councillors.
[1964 : Guj. 34 Gujarat Municipalities Act, 1963
(e) The reservation of seats under clauses (a), (b) and (c) (other than the
reservation for women) shall cease to have effect on the expiration of the
period specified in article 334 of the Constitution of India.
(4) The superintendence, direction and control of the preparation of electoral
rolls for, and the conduct of, all electio ns to the Municipalities shall be vested in
the State Election Commission.
(5) Subject to the provisions of this Act, an election shall be held in accor dance
with the rules made by the State Government in that behalf.
(6) The State Ele ction Commissioner shall be appointed within two months of
the coming into force of the Gujarat Municipalities (Amendment) Act, 1993.
(7) The State Government shall, when so required by the State Election
Com mission, make available to it the staff as may be necessary for the discharge
of the functions conferred on it by clause (1) of article 243K of the Constitution
of India
(8) Notwithstanding any vacancy due to failure to elect the full number of
councillors which under this section might be elected the municipality shall be
deemed to be constituted on the date of its first meeting.
Explanation :- For the purpose of this section,-
(a) "Scheduled Castes" means such castes, races of 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 aricle 341 of the
Constitution of India;
(b) "Scheduled Tribes" means such tribes or tribal communities or parts
of, or groups within such tribe or tribal communities as are deeme d to be
Scheduled Tribes in relation to the State of Gujarat under article 342 of
the Constitution of India, and
(c) "backward classes" means classes declared as Socially and
Educationally Backward Classes by the State Government from time to
time.]
(3) Election of Councillors.
7AA. [Definitions.] This section which was inserted by Guj. 15 of 1978, s. 3 was
subsequently deleted by Guj. 17 of 1993, s. 8.
16[7. (1) Each municipality shall consist of councillors chosen by direct election.
(2) Where general election is to be held immediately after,-
(i) the specification of a local area as a 'transitional area" or as the case
may be a smaller urban area' under article 243Q of the Constitution of
India is made, or
(ii) the census is taken under the Census Act, 1948, and the relevent
figures of which have been published, or
(iii) the limits of a municipal borough are altered,
(a) the State Government shall, by no tification in the Official
Gazette, determine the number of wards into which the municipal
borough shall be divided, the number of councillors to be elected
to the municipality and the number of seats to be reserved in
Guj. 17 of 1993.
Determination of
number of councillors
to be elected and
determination of
wards.
37 of 1948.
1964 : Guj. 34] Gujarat Municipalities Act, 1963
25 of 158
favour of the Scheduled Castes, the S cheduled Tribes, the
backward classes and women as provided in sub -section (3) of
section 6.
(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 th e Scheduled Castes, Scheduled
Tribes, backward classes and womenExcerpt shown. Open the full act in Lexace.