The Gujarat Local Authorities (Temporary Postponement of Elections ) Act, 1994.
Gujarat · state statute
Open in Lexace · Ask the AI about this actEdra Jto. 17
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" , EXTRAORDINARY 7·
PUBUSKED BY AUTJllORITY •
Vol. XXXV] WEDNESDAY, JULY 6, 199i/ASADHA 15, 1916
PART-n
Adi ef Ille Gujuat Leal 'aim+ 111111 Or I - fl _ L :ltt
... Replatlo• .... ,,, 11!11,G,91• 1 ••• "
Tke follo-wi•1 Act of th-e GujaYat Lfrgislature, ·Jaa.'t'ilrg:·b'~~ ·a'lstnted to hy t.._• w.n1~r
O'M. tk•Ytlt Jniy, 199! is :hereby pnblisht>d foi· ;ea"eral -1'.f•l'Jt"a ti'O.
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~'\JM. I. ~. JIA YB'.!11,
Src1·et-ary to tlhe lj{l"\'M'll.'.m'f'»t:of IC\J.ji11•a.t,
Vgislative ·and :P-atlia•fll.9_f-ary .if{ail'fl
Depa11:-mt-nt. '
GUJARAT ACT JIO. 12 OF 19H
(First }H1blislted, after having received the assent of the Govf1·1:or in the "Gujarat
Go-vern111ent (-lautle", on the 6th July, 1994).
AN ACT
to provide for ten1porary postponen1ent of elections of locr1l a11thorities.
\''H~~REAS in the ,\·akc of widespread 1·ain in the State -Of GujQr&t, it is difficult
to J1-0ld -elections of local authorities during the n1onsoon ~i!;lOD;
AND 'VHER~~AS the Election Con1n1ission of India has decided and directed to
revise the electoral rolls intensively of all the constituencies of the State of Gnjarat
with reference to 1st January, 1995as the qualifying date and also fixed the 4th January,
1995 as the date for final publicat.ion of electoral rolls ;
AND WHEREAS electoral rolls for A~semblyconstituencies 't\--ould bet he list of voters
for the purpose of election of local authorities ; · 1
AND WHER.EAS. it is likely that large section of publio would be covered by
intensive revision of electo1·al rolls; and they may not be deprived of their tight of
franchise in the ensuing elections of local authorities ;
ANDWHEREAS forthe reasons statecl above, it is considered necessary to provide
fortemporary postponement of theelections of local a11thoritiesand toprovideforot.her
connected matters.
lt is hereby enacted in the Fo1ty-fifth Year of the Jlepublic of India as follows:-:~
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Short
title.
Deli11i
tions.
PosLpo
ncineut
of clo
otions of
looa.1
authori
ties.
Appli
cationo
releva!lt
Act.
l{OlUQVal
of dif!i
oulties.
17-2 GUJARAT GOVERNMENT GAZETTE, EX., 6-7-199! [PART IV
1. '£his Act in'ly bci Gliled t.he Glljarat LoGll Authorities ('ren1porary Postponement
of Elections ) Act, 1991.
2. In this ,\ct, unless the context other\''ise requires,--
(,\) 'election' n1,,ans an(l includes entire elccti~n process oo.1n1nencing fp~111 the
pre p,lra~ion of hst of voters and .111 stag•is cuhnmatmg into election of a co1mc11lor or,
as the CJS'~ n1\Y h!. a n1cn1b2r of the loc1l authority and it is ahvays dce111C'd to
h·1vc incant. and included cntir« cL•ction pt»JCC<>s;
(b) '!oc.11 auth'lrity' 1n·~ans a p,1nch:1yat, a 1n1111icip.1lity and H )lunicip,11 Cor·
porat.ion con~tituted under thc'rele,·ant .:\.ct;
(c) 'rcleYant Act', in relilt.ion to,--
(ii) a 111\luicipJlity, 1n''.llls the Guj,1rat )Junicip.dities
Act, 1963. t J;' ·
(iii). 'a r...orpOr<ltion, Ine11"ns, the., Br11nh,\)· 1?roYincial
)luniOipiiJ. (.'O'rpo.ratiOnB 1\.ct, 19·19:
, 3. .Xot\\•ith~tan\ling anybhing contained in the relevant _.\ct or the rules or hy-l1i.,1·s
or order1u·lde thereunder or in anyjudg~p~~1~t,. decr\!eor order of anycourtor;utho·
rit.y, during t.lv~ p~riot1 fron1 the 1la.tp, (If :the :Co1nn1encr1uent. of this .i\~t and upto and
iuclu~iYe of the '•ith Janu.iry, 1995, no gc·neral election of th'3 Councillor.~ of any Corpo
l'fltion, or of ;\l_tf· nlJluiqipality. or Of 1n•:n1hPrs of an~' panch'lyat and no elect.ion to
-f.ill. yp a\l~~:\}}.,B.IUl,l--vac.lnc~' of any. such Councillor or 1ne1nber shall be held; and the
.tle-0tio;1,~h~ll h_e started thereaft.er of such loc1l a utlv>rily of \\'hich duration ha\.! alrC'ady
Cxpircd bJfor.:i the con11n·~nc3n1ent of this Act or i1:1 due to expire bcfor,; 1st. Mai,
1995 or forJn'Old for .~uch area which arc declared as transitional or fnnallcr urban area
and sh'.ll! bi} co1npleted b2fore the 1st lilay, 1995 in accordance \Vith the provisions of
t4r:i. l't~lcvant Act and the rules 1n<i.de thereunder.
4. Exc::ipt afl otherwise provided by or under this Act, the. provisions of t.he
rl'.llevant ;\.ct sh'.111 in all other r.:spects apply in c:1se of a Corporation, m\u1icipality
or panchayat.
5. , If any difficulty arises in giving effect to the provisions of this Act, or by rea
sons of anything contained therain, or in giving effect to the relevant Act in respect of
any matter contained in this Act, th'1 State Government may, as occ'.l.sion arises, by
order, do.anything which appears to it to be necessary for the purpose of removing the
di8ionlty.·
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OOVE1'.NMBNT CENTRAL PRBSS, GANDHINAGAR.
Guj. 18
of 1993.
Guj. 34of
of 1964.
Born. LIX
Of 1949.
Lex