The Gujarat Local Authorities (Extension of Term and Laws Amendment) Act, 1978.

Eitra No. 36 REGISTERED NO. G/GNR/2 
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'Qt'~~ ~ u 1a nu 6ol1rrnmrnr ~a~rn~ 
EXTRAORDINARY 
Vol. XIX] 
Pl.J6LISH£0 B\ .•lrlHORllY 
Separate pn&lna ls given lo Ori• Part h1 crder that II m•J 
be Hied u • ~eparate compilation. 
PART IV 
Aris of the Gujarat Legislature find Ordiuanees pron1ulgated and 
Regulations made by the Governor. 
The following Act of the Gujarat l,cgislature having been assented to by the 
Govenior on the 18th September, 1978 is hereby published for general infonnation. 
J. P. VASAVADA. 
Deputy Secretary to the Government of Gujarat,, 
Legal Department. 
GUJARAT ACT NO. 29 OF 1978. 
(First published after having received the assent of the Governor 111 the­
"Gujarat Governn1ent Gazette" on the 21st September 1978.). 
An Act to provide for extension of tenn of, or term of office of members of 
certain local authorities in the State of Gujarat, and for extension of tern1 
of supersession of certain municipalities in the State; and to provide for 
administration of local authorities in the State on the expiry of their 
term or of term of office of their members and for that puqxisc 
to amend the laws relating to local authorities in the State. 
It is hereby enacted in the Twenty-ninth Year of the Republic of India as 
follows:-· 
I. This Act may be called the Gujarat Local Authorities (Extension ~lf Terr" Short title. 
and Law~ An1endment) Act, 1978. 
226 
IV-Extra-56 
Extension of term of, 
or term of 
offiGe of 
member8 of, 
certain loca.I 
anthoritie11. 
Exten"ion 
of tl1c p~r· 
iod of snp­
ersession of 
oortain mun· 
ieipa.liti~s. 
GUJ. GOVT. GAZ, EX., SEPTEMBER 21, 1978/BHADRA 30, i'llOO' [P.utT IV 
2. (J) Notwithstanding anything oontained in section 17 of tli(I' GujaratGuj. 
Panchayats Act, 1961 (hereinafter referred to as "th..: Panchayats Act") d1e tern1 ~6;,r 
of a gram panchayat or of a nagar panchayat, which by reason of that section Guj. 
would b:i.ve expired after the date of commencement of the Gujarat Local Autho- ~~~7 
ritii:s (Extension of Term and Laws Amendment) Ordinance, 1978 (hereinafter of 
referred !o as "the Ordinance") but before the 30th June, 1979 shall not so 
1978
. 
expire, but shall, subject to other provisions of that Act, extend uplo the 30th 
June, 1979. 
(2) Notv;ithstanding anything contained in section 8 of the Gujarat Munici- Guj. 34 
palities Act, 1963 (hereinafter referred to as "the Municipalities Act") the term ~~B!, 
o{ cfficc of the councillors of a municipality which by reason of that section 
would have expired after the. date of the commencentent of the Ordinance but 
before the 30th June, 1979 shall not so expire but shall, subject to the other 
provisions of that Act, extend upto the 30th June, 1979. 
CD Notv1ithstanding anything contained in section 33 of the Municipalities 
Act, the president and vice-president of a municipality, the tem1 of office of 
counciltors of which is extended under sub-section (2), holding offices immediately 
before the date of commencement of the Ordinance shall, subject to other provi­
sions of that Act, continue tO hold- their respective office until the 30th June, 
1979. 
3. Notvr'ithstanding anything contained in section 263 of the Municipalities 
Act-
(a) the period of supersession of the Botad Municipality which expires on 
the 7th December, 1978, and 
(b) the period of supersession of the Jamnagar Municipality \.Vhich expires 
on the 26th September, 1978, 
shall, with all consequences specified in sub-section (2) of that section, conti~ue 
upto the 30th June, 1979 and on the expiration of the period of supersession 
of the municipalities as so continued, the municipalities shall be re-established 
by election or appointment of councillors under the provisions of that Act or 
the 11iles made- thereunder applicable thereto; 
St.ate Gove- 4. Not\vithstanding anything contained in the Municipulities Act or the rules 
~~~ i:m. or by-laws made thereunder, the current administrative duties of the office of the 
Jf: w ca.r- president and oE the vice-president of a municipality, the term of office of the 
:f ~dnu°!i.e- councillors of which has expired before the date of commencement of the 
strativa Ordinance, shall. be carried on by such officer of the State Government as it 
duties of - Offi I G · "I h ' • 1' ' the 0 fti~ may, by notification in the cal azette, appoint, unh sue ntun1e1pa 1ty is 
of president established aft("r general election to it is held on the basis of lists of voters for 
·and vlee-pre· · h d • h h · • f • aidont of its wards prepared and pubhs ed in accor ance Wlt t e prov1s1ons o sections 
..,ertai? .mnni· 9A to 9E of that Act. clpaht1es. 
~4BT. IV] GVJ. QOV'l', q.u;,. EX., ~,l<:PTEM.BER 21, 1978/BHADRA ao, 1900 228 
5. In the Pauchayat$ Act, in sectioµ 44A, in sub-section (/), fer the words Amen~ent 
Onh · f h S . ofsechon " t e elecUCln o a new Sarpanc or Upa· arpanch or a new Chairman or 44A of Guj. 
Vice-Chairman" the words, brackets and figures ''On the appointment of an VIofl962. 
officer under sub-section (2) of secti~;n 45 or, as the case may be, on the election 
of a new Sarpanch or Upa.Sarpanch or new Chairman or Vice-Chairn1an" 
shall be substituted. 
6. In the Panchayats Act, in section 45, for sub-section (2), the following sub· Amend.mcnt 
• • ·!! •- b · _, l of sect.ion srotton Stu: ~ su Stitut'™, name y :- 45 of Guj. 
"(2) On the expiry of the term of the panchayat, the current duties of the 
office of the Sarpanch or the Chairman of the panchayat shall be carried on 
by such officer of the State Government as it may by order, specify in that 
behalf, until such time as a new Sarpanch or Chairman is elected and takes 
charge of his office.". 
VI of 1962. 
7. In the Panchayats Act, in section 55A, in sub-section(/), for the wordsAmend.montJ 
"'On the election of a new President or Vice-President", the words, brackets and~~f~~
0
Guj. 
figures "On the appointment of an officer under sub-section (2) of section 57, VI of 1962. 
or, as the case may be, on the election of a new President or Vice-President" 
shall be su~tituted. 
8. In the Panchayats Act, in se<:tion 57, for sub-section (2), 
section shall be substituted, namely: -
the following sub· Amcn~ment 
of section 
"(2) On the expiry of the tern1 of \he pancnayat, the current duties of the 
office of the President of the panchayat shall be carried on by such officer of 
the State Government, as it may, by order specify in that behalf, unlil such 
time as a ne\v President is elected and takes charge of his office.". 
57 of Guj. 
VI of 1962. 
9. In the Panchayats Act, in section 67 A, in sub-section (/). for the \VOrds Afmcnd.ment o sechon 
"On the election of a new President or Vice-President", the words, brackets ande7A ofGuj. 
figures "On the appointment of an officer wider sub-se<:tion (2) cf section 69, VI of 1962· 
or, as the case may be, on the election of a new President or Vice-President" shall 
be substituted. 
10. In the Panchayats Act, in section 69, for sub-section (2), the following Amendment 
b · b II t.- t.- · -~ l of section su -sect1ou s a vc su..,,,titutcu, name Y :- 69 of Gnj. 
. . VI of 1962, "(2) On the expiry of the term of the panchayat, the current duties of the 
office of the President of the panchayat shall be carried on by such officer of 
the State Government, as it may by order specify in that behalf, until such 
time as a new President is elected and takes charge of his office.". 
11. In the Municipalities Act, in section 33, for sub-section (4), the followingAmendment 
sub-section shall be substituted, namely:- of section 33 of Guj. 
"(.f) On the expiry of the term of the office or the councillors of the n1uni· 34 of 1964• 
cipality, the current administrative duties of the office of the president and of 
Amendment 
of section 
34 of Guj. 
34 of l!J6!. 
llepeal and 
s1y/, gs 
229 GUJ. GOVT. GAZ. EX., SEPTE"lBER 21, 1978/BHADRA. 30, 1900 [PART lV 
the vice-president of the Municipality shall be carried on by such officer of the 
State Government, as it may by order specify in that behalf, until such time 
as a ne\v president and vice-president shall have been elected and shall have 
taken over the charge of their duties.". 
12. In the Municipalities Act, in section 34, in sub-section (1), for the words 
"On the election of a new president or vice-president" the won.ls, brackets and 
figure~ "On the appointn1ent of an ollic<."r under sub-section (4) of section 33, 
or as the case may be, on the election of a new president or vice-president" 
shall be Sl•b~tituted. 
13. 'file Gujarat Local Authorities (Extension of Term and Laws Am<."nd­
n1ent) Ordinance, 1978 is hereby repealed and the provisions of sections 7 and ~~~7 
25 of the Bombay General Clauses Act, 1904 shall apply to such repeal. as if, of . 1978. that Ordinance were an enactment. 
PRJNTF.D AT THE OOVERNMENf CE~L PRESS, QANDlilNAO.Ut. 
Bom.I­
of 
190<. 

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