GUJARAT MUNICIPAL LAWS (AMENDMENT AND VALIDATING PROVISION) ACT, 1961
GUJARAT ACT No. XXXIX OF 1961
(First published after having received the assent of the Governor in the “Gujarat Government Gazette” on the 24th November 1961)
An Act to amend the Bombay District Municipal Act, 1901 and the Bombay Municipal Boroughs Act, 1925 and those Act as applied to the Saurashtra area and the Bombay Municipal Boroughs Act, 1925 as applied to the Kutch area of the Gujarat State and to validate certain acts and things done or purported to be done under those Acts.
It is hereby enacted in the Twelfth Year of the Republic of India as follows:-
Short title.
1. This Act may be called the Gujarat Municipal Laws (Amendment and Validating Provision) Act, 1961.
Amendment of section 48 of Bom.III of 1901.
2. In the Bombay District Municipal Act, 1901, in section 48 —
(i) in sub-section (1), the words beginning with the words “with the previous sanction” and ending with the words “of the Commissioner,” shall be deleted;
(ii) after sub-section (2) the following sub-section shall be inserted, namely :—
“(2A) No by-law or alteration or rescission of a by-law made under sub-section (i) shall have effect unless and until, in the case of City Municipalities, it has been sanctioned by the State Government and in other cases by the Commissioner.”.
Amendment of section 48 of Bom. III of 1901 as applied to Saurashtra area of Gujarat State.
3. In the Bombay District Municipal Act, 1901 as adapted and applied to the Saurashtra area of the State of Gujarat in section 48,—
(i) in sub-section (1) the words beginning with the words “with the previous sanction” and ending with the words “ the Director of local Authorities Local Authorities” shall be deleted;
(ii) after sub-section (2) the following sub-section shall be inserted, namely:-
“(2A) No by-law or alteration or rescission of a by-law made under sub-section (1) shall have effect unless and until, in the case of City Municipalities it has been sanctioned by the Government of Gujarat and in other cases by the Commissioner.”.
Amendment of section 61 of Bom. XVIII of 1925 and that Acts as applied to the Kutch area of Gujarat State.
4. In the Bombay Municipal Boroughs Act, 1925, and in that Act as extended to the Kutch area of the State of Gujarat in section 61-
(i) in sub-section (1) the words “with the previous sanction of the “State Government,” shall be deleted;
(ii) after sub-section (2) the following sub-section shall be inserted, namely:-
“(2A) No by-law or alteration or rescission of a by-law made under sub-section (1) shall have effect unless and until it has been sanc¬tioned by the State Government.”.
Amendment of section 61 of Bom. XVIII of 1925 as applied to Saurashtra of Gujarat State.
5. In the Bombay Municipal Boroughs Act, 1925 as adapted and applied the Saurashtra area of the State of Gujarat, in section 61-
(i) in. sub-section (1) the words us sanction of the Government of Gujarat” shall be deleted;
(ii) after sub-section (2) the following sub -section shall be inserted, namely:—
“(2A) No by-law or alteration or rescission of a by-law made under sub-section (1) shall have effect unless and until it has been sanctioned by the Government of Gujarat.”,
Validation by-laws of municipalities and actions taken and things done thereunder.
6. Notwithstanding anything contained in the relevant Act, and any judgment, decree or order of a Court or Tribunal, no buy-law made before the commencement of this Act by any municipality under the relevant provision, by obtaining sanction thereto of the State Government or any other competent authority after the shall be deemed to be or to have ever been invalid merely on the ground that the previous sanction of the State Government or, as the case may be, of other competent authority under the relevant provision was not obtained by the municipality also before the draft therof was published or the by-law made and accordingly such by-laws and any action taken or thing done thereunder shall be and shall be deemed always to have been valid and the validity thereof shall not be called in question merely on the ground aforesaid.
Bom.III of 1901. Bom. XVIII of 1925.
Explanation.— For the purposes of this section —
(i) “relevant- Act,” means —
(а) in respect of the Bombay area of the Gujarat State, the Bombay District Municipal Act, 1001 or, as the case may be, the Bombay Muni¬cipal Boroughs Act, 1925 ;
Bom.III of 1901.
(b) in respect of the Saurashtra area of the Gujarat State, the Bombay District Municipal Act, 1901 or, as the ease may be, the Bombay Municipal Boroughs Act, 1.925 as adapted and applied in that area ;
Bom. XVIII of 1925.
(c) in respect of the Kutch area of the Gujarat State, the Bombay Municipal Boroughs Act, 1925 as extended to that area;
(ii) “relevant provision” means —
(а) section 48 except sub-section (1a) thereof, of the Bombay District Municipal Act, 1901 or of that Act as adapted and applied to the Saurashtra area of the State of Gujarat;
Bom.XVIII of 1925.
(b) section 61, except sub-section (1a) thereof, of the Bombay Municipal Boroughts Act, 1925, or of that Act as adapted and applied to the Saurashtra area of the State of Gujarat or of that Act as extended to the Kutch area the State of Gujarat. |
