GUJARAT MUNICIPALITIES (AMENDMENT AND VALIDATING PROVISIONS) ACT, 1973
GUJARAT ACT No. 10 OF 1973.
(First published after having received the assent of the Governor in the “Gujarat Government Gazette” on the 1st May 1973).
An Act further to amend the Gujarat Municipalities Act, 1963, to extend retrospectively the term of office of the councillors of certain municipalities and to validate the actions of such councillors.
It is hereby enacted in the Twenty-fourth Year of the Republic of India, as follows:-
Short title.
1. This Act may be called the Gujarat Municipalities (Amendment and Validating Provisions) Act, 1973.
Amendment of section 8 of Guj. 34 1964.
2. In the Gujarat, Municipalities Act, 1963 (hereinafter referred to as “the principal Act”), in the first proviso to sub-section (1) of section 8, for the words “six years in the aggregate” the following words shall be substituted, namely :—
“seven years in the aggregate in a case where the term is proposed to be extended on account of conditions or circumstances created as a result of famine, flood, fire, earthquake or other natural calamity, and in any other case, six years in the aggregate”.
Extension of term of councillors municipalities and validation of their actions.
3. (1) Notwithstanding that the term of office of the persons who immediately before the date of the commencement of this Act were or acted as, or purported to be or act as, the councillors of any of the municipalities specified in the Schedule to this Act (hereinafter referred to in this scot ion as “the specified municipalities”) had expired before such date, such term shall not be deemed to have so expired on that date but shall, notwithstanding anything contained in section 8 or any other provision of the principal Act, be deemed to have continued and to have been extended thereafter, and, in respect of each of the specified municipalities, such term is hereby extended, subject to the other provisions of the principal Act, upto 31st March, 1974 or upto the date on which the first general meeting of the municipality concerned is held under section 32 of the principal Act after the general election to that municipality held for the first time after the commencement of this Act, whichever date is earlier.
(2) All the powers and duties of the specified municipalities exercised and performed by the persons referred to in sub-section (1) after the date of the expiry of their term of office as councillors till the date of the commencement of this Act shall be deemed to have been validly exercised and performed by the said persons; and anything done or omitted to be done and any action taken or omitted to be taken during the aforesaid period by or on behalf of any of the specified municipalities or the President, the Vice President or a councillor thereof or any authority or officer or other servant thereof in the exercise or purported exercise of the powers conferred, or in the discharge of the duties imposed, by or under any of the provisions of the principal Act or any other law for the time being in force shall be deemed to have been validly done or taken or omitted to be done or taken; and no such exercise of powers or performance of duties and no such act or thing shall be called in question in any court or before any other authority merely on the ground that at the time when such power was exercised or duty was performed or thing or action was done or taken or omitted to be done or taken, the term of office of the councillors of the municipality had expired.
SCHEDULE.
(See section 3,)
1. Jamnagar Municipality.
2. Morvi Municipality |
