GUJARAT LOCAL AUTHORITIES LAWS (AMENDMENT ACT, 1980
GUJARAT ACT NO. 13 OF 1980.
(First published after having received the assent of the Governor in the. “Gujarat Government Gazette” on the. 3rd September, 1980).
An Act to provide for the continuance for a period of ten years, of reservation of seats for women and for the Scheduled Castes and the Scheduled Tribes in certain local authorities in the State of Gujarat and for that purpose to amend the laws relating to such local authorities.
It is hereby enacted in the Thirty-first Year of the Republic of India as follows:—
Short title and commencement.
1. (1) This Act may be called the Gujarat Local Authorities Laws (Amendment Act, 1980.
(2) It shall be deemed to have come into force on the 29th April, 1980.
Amendment of section 5 of Bom. LIX of 1949.
2. In the Bombay Provincial Municipal Corporations Act, 1949, in section 5, in sub-section (4), for the words “thirty years” the words “forty years” shall be and shall be deemed always to have been substituted.
Amendment of section 6 of Bom. LIX of 1964.
3. In the Gujarat Municipalities Act, 1963, in section 6, in sub-section (4), for the words "thirty years” the words '“forty years” shall be and shall be deemed always to have teen substituted.
Validation of actions taken and things done.
Bom. LIX of 1949. Guj. 34 of 1964. Guj. Ord. 12 of 1980.
4. Any action taken or anything done in relation to the reservation of seats for women and for the Scheduled Castes and the Scheduled Tribes in a municipal corporation under the Bombay Provincial Municipal Corporations Act, 1949 or a municipality under the Gujarat Municipalities Act, 1963 after the 25th January, 1980 and before the commencement of the Gujarat Local Authorities Laws (Amendment) Ordinance, 1980, shall be deemed to have been validly taken or done in accordance with law, as if, the Bombay Provincial Municipal Corporations Act, 1949, or, as the case may be, the Gujarat Municipalities Act, 1963 had been in force as amended by this Act at all material times when such action was taken or thing was done and accordingly no such action or thing shall be called in question in any court of law on the ground that there was no provision for the reservation of seats for women and for the Scheduled Castes and the Scheduled Tribes in those Acts, at the material time.
Repeal and saving.
5. (1) The Gujarat Local Authorities Laws (Second Amendment) Ordinance, 1980 is hereby repealed.
Bom. LIX of 1949. Guj. 34 of 1964.
(2) Notwithstanding such repeal, anything done or any action taken under the Bombay Provincial Municipal Corporations Act, 1949 as amended by the said Ordinance or, as the case may be, the Gujarat Municipalities Act, 1963 as amended by the said Ordinance shall be deemed to have been done or taken under the Bombay Act or the Gujarat Act, as amended by this Act.
GUJARAT ACT NO. 5 OF 1990
(First published, after having received the assent of the Governor in the “Gujarat Government Gazette” on the 29th June, 1990).
An Act to provide for the continuance for a period of ten years, of reservation of seats for women and for the Scheduled Castes and the Schedule Tribes in certain local authorities in the State of Gujarat and for that purpose to amend the laws relating such local authorities.
It is hereby enacted in the Forty-first Year of the Republic of India as follows:-
Short title and commencement.
1. (1) This Act may be called the Gujarat Local Authorities Laws (Amendment) Act, 1990.
(2) It shall be deemed to have come into force on the 13th April, 1990.
Amendment of section 5 of Bom. LIX of 1949.
2. In the Bombay Provincial Municipal Corporations Act, 1949, in section 5, In sub-section (4), for the words ‘‘forty years”, the words “fifty years” shall be and shall be deemed always to bare, been substituted.
Amendment of section 6 of Guj. 34 of 1964.
3. In the Gujarat in section 6, in sub-section (4), for the words “forty years”, the words “fifty years” shall be deemed always to have been substituted.
Repeal and savings.
4. (1) The Gujarat local Authorities Laws Authorities Laws (Amendment) Ordinance, 1990 is herby repealed.
Bom. LIX of 1949. Guj. 34 of 1964.
(2) Notwithstanding such repeal, anything done action taken under the Bombay Provincial Municipal Corporations Act, 1949 as amended by the said Ordinance or, as the case may be, the Gujarat Municipalities Act, 1963 as amended by the said Ordinance shall be deemed to have been done or taken under the Bombay Act or the Gujarat Act, as amended by this Act.
GUJARAT ACT NO. 17 OF 2005.
(First published, after having received the assent of the Governor in “Gujarat Government Gazette”, on the 23rd March, 2005).
An Act further to amend the Bombay Provincial Municipal Corporations Act, 1949, the Gujarat Municipalities Act, 1963 and the Gujarat Panchayats Act, 1993
It is hereby enacted in the Fifty-sixth Year of the Republic of India as follows:-
Short title and commencement.
1. (1) This Act may be called the Gujarat Local Authorities Laws (Amendment) Act, 2005.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amendment of section 10 of Bom. LIX of 1949.
2. In the Bombay Provincial Municipal Corporations Act, 1949, in section 10, in sub-section (1), after clause (i), the following clause shall be inserted, namely:-
“(j) has more than two children:
Guj. 17 of 2005.
Provided that a person having more than two children on the date of commencement of the Gujarat Local Authorities Laws (Amendment) Act, 2005 (hereinafter in this clause referred to as "the date of such commencement"), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase:
Provided further that a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification under this clause.
Explanation. For the purpose of this clause,-
(i) where a couple has only one child on or after the dale of such commencement, any number of children born out of single subsequent delivery shall be deemed to be one entity;
(ii) 'child' does not include an adopted child or children.".
Amendment of section 11 of Guj. 34 of 1964.
3. In the Gujarat Municipalities Act, 1963, in section 11, in sub-section (1), after clause (g), the following clause shall be inserted, namely:-
"(h) who has more than two children:
Guj. 17 of 2005.
Provided that a person having more than two children on the date of commencement of the Gujarat Local Authorities Laws (Amendment) Act, 2005 (hereinafter in this clause referred to as "the date of such commencement"), shall not be disqualified under this clause, so long as the number of children he had on the date of such commencement does not increase:
Provided further that a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification under this clause.
Explanation.- For the purpose of this clause,-
(i) where a couple has only one child on or after the date of such commencement, any number of children born out of single subsequent delivery shall be deemed to be one entity;
(ii) 'child' does not include an adopted child or children.".
Amendment of section 30 of Guj. 18 of 1993.
4, In the Gujarat Panchayats Act, 1993. in section 30, in sub-section (1), after clause (I), the following clause shall be inserted, namely:-
"(m) has more than two children:
Provided that a person having more than two children on the date of commencement of the Gujarat Local Authorities Laws (Amendment.) Act, 2005 (hereinafter in this clause referred to as "the date of such commencement"), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase:
Guj. 17 of 2005.
Provided further that a child or more than one child born in a single delivery within the period of one year from the dale of such commencement shall not be taken into consideration for the purpose of disqualification under this clause.
Explanation.- For the purpose of this clause.-
(i) where a couple has only one child on or after the date of such commencement, any number of children born out of single subsequent delivery shall be deemed to be one entity;
(ii) 'child' does not include an adopted child or children.". |
