Amendment status not verified — confirm the current text below against the official source.
If any difficulty arises in first giving effect to the provisions of this Act, the State Government may, as occasion requires, by order do anything which appears to it to be necessary for the purpose of removing the difficulty. 112[281. (1) Notwithstanding anything contained in this Act, where the duration of the municipality has already expired before the date of the commencement of the Gujarat Municipalities (Amendment) Act, 1993 (hereinafter reffered to as "the said date" in this section) or is due to expire within one year from the said date, the election to constitute such municipality shall be completed within one year from the said date in accordance with the provisions of this Act. (2) Where the duration of the existing municipality expires after one year from said date, the election to constitute such municipality shall be completed before the expiry of its duration in accordance with the provisions of this Act. (3) Where an area is specified as transitional area or, as the case may be, a smaller area, under clause (2) of article 243Q of the Constitution of India during the period of six months from the said date, the election to constitute the municipality for such area shall be completed within one year from the said date in accordance with the provisions of this Act. (4) Where an election to constitute municipality could not be completed or it is not possible to hold the election to constitute a municipality as provided in this section on account of unforeseen circumstances such as natural calamity, riots, communal disturbances, all powers and duties of the municipality shall be exercised and performed by such officer as the State Government may by order appoint in this behalf.] Guj. 34 of 1964. Removal of difficulties. Guj. 17 of 1993. Transitory Provision. [1964 : Guj. 34 Gujarat Municipalities Act, 1963 SCHEDULE I. [See clause (b) of section 101] Notice is hereby given to the inhabitants of the municipal borough of………………… that the municipality desire to impose the tax, toll, octroi or cess (as the case may be) defined in the rules appended (in lieu of the tax known as the………………………………which is published at page………………………..of the sanctioned rules). Any inhabitant of the municipal borough objecting to the proposed tax may within one month from the date of this notice, send his objection in writing to the municipality. RULES. [The rules approved by the Municipality under clause (a) of section 101 are to be appended here]. SCHEDULE II. (See section 116) FORM OF NOTICE OF TRANSFER TO BE GIVEN WHEN THE TRANSFER HAS BEEN EFFECTED BY INSTRUMENT. To THE CHIEF OFFICER, Municipality. I, A, B, hereby give notice as required by section 116 of the Gujarat Municipalities Act, 1963, of the following transfer of property :- Date of Notice. Date of instrument. Name of vendor or assignee. Name of purchaser or assigner. Amount of considertion. DISCRIPTION OF THE PROPERTY Remarks. Of what if consists. Situation. Number in Assessment Book. Chief Officer’s No. Dimensions of land. Bouncaries. If any instrument has been registered the date of registration. Dated (Signed) ------------------- 1964 : Guj. 34] Gujarat Municipalities Act, 1963 153 of 158 SCHEDULE III. (See section 116) FORM OF NOTICE OF TRANSFER TO BE GIVEN WHEN THE TRANSFER HAS TAKEN PLACE OTHERWISE THAN BY INSTRUMENT. TO THE CHIEF OFFICER, Municipality, I, A, B, hereby give notice as required by section 116 of the Gujarat Municipalities Act, 1963, of the following transfer of property :- Date of Notice. Name in Which the property is at present Entered in the Chief Officer’s record. To whom it is to be transferred. DISCRIPTION OF THE PROPERTY Remarks. Of what it consists. Situation. Number in Assessment Book. Chief Officer’s No. Dimensions of land. Bouncaries. Dated (Signed) ------------------------- SCHEDULE IV (See sub-section (3) of section 132) FORM OF NOTICE OF DEMAND To A, B,…………………………………………………….. residing at………………..Take notice that the municipality of………………………………………………………demand from the sum of……………………………………….due from…………………………on account of……………………………. (Here describe the property or other thing in respect of which the tax is leviable). leviable under rule No. …………………………………………………..for the period of ……………………………commencing on the day of……………..19 , and ending on the………………….day of……………………..19 , and that if, within fifteen days from the service of this notice, the said sum is not paid into the municipal office at……………………and sufficient cause for non-payment is not shown to the satisfaction of the chief officer, a warrant of distress, or attachment will he issued for the recovery of the same with costs, and also the service in respect of which the tax is leviable shall be discontinued. Dated this day of 19 (Signed) Chief Officer. [1964 : Guj. 34 Gujarat Municipalities Act, 1963 SCHEDULE V (See sub-section (1) of section 133) FORM OF WARRANT (Here insert the name of the officer charged with the execution of the warrant.) Whereas A, B, of………………………………………..has not paid, and has not shown satisfactory cause for the non-payment of, the sum of……………………..due for the tax Here describe the tax mentioned in the margin for the period commencing on.……the……..day of…….19 and ending with the ………………day of……………19 and leviable under rule No. ; And whereas fifteen days have elapsed since the service on him of notice of demand for the same; This is to command you to distrain/attach subject to the provisions of section 132 of the Gujarat Municipalities Act, 1963 the goods and chattels/an property of the said A, B, to the amount of…………..being the amount due from him, as follows :- Rs. nP. On account of the said tax .. For service of notice .. For issue of warrant .. and forthwith to certify to me together with this warrant all particulars of the goods distrained/property attached by you thereunder. Dated this …………………….day of…………19 (Signed) Chief Officer. SCHEDULE VI [See clause (c) of sub-section (5) of section 133 and sub-section (1) of section 127] FORM OF INVENTORY AND NOTICE. To A.B………………………………………………….residing at…………………………Take notice that I have this day distrained/attached the goods and chattels/property specified in the inventory beneath this, for the value of…………………….due for the tax Hare describe the tax mentioned in the margin for the period commencing with the………………..day of……………….19 ……and ending with the day of……………..19 together with Rs…………..due as for service of notice of demand and Rs………………due as for issue for warrant and that unless within five days from the day of the date of this notice you pay into the municipal office at………….the said amount together with the costs of recovery, the said goods and chattels/property will be sold. Dated this …………………….day of…………19 Signature of Officer executing the Warrant/collecting octroi Inventory. (Here state particulars of goods and chattels/property seized.) ------------------------------ 1964 : Guj. 34] Gujarat Municipalities Act, 1963 155 of 158 1 For Statement of Objects and Reasons see Gujarat Government Gazette Part V, November 18, 1963, p. 616. This Act was assented to by the President on the 23rd December, 1964. Please see section 3 of Guj. 5 of 1978. For Transitory provision please see section 7 of Guj. 15 of 1978. Please see section 3 of Guj. 2 of 1979. Please see section 4 of Guj. 13 of 1980. 1A Clause (1) was deleted by Guj. 13 of 2007, s. 2(a). 2 Clause (1A) was inserted by Guj. 17 of 1993, s.2(1). 2A Clause (2A) was inserted by Guj. 13 of 2007, s. 2(b). 3 Clause (3A) was inserted by Guj. 17 of 1993, s, 2(2). 3A Clause (3B) was inserted by Guj. 13 of 2007, s. 2 (c). 4 Clause (6) was substituted for the original by Guj. 6 of 1965, s 2. 5 Clauses (7A) and (7B) were inserted by Guj. 17 of 1993, s. 2 (3). 6 Clause (12A) which was inserted by Guj. 15 of 1978, s. 2 was subsequently Substituted by Guj. 7 of 1990, s 2. 6A Clause (12B) was inserted by Guj. 21 of 2011,s. 6. 7 Clause (13) was substituted for the original by Guj. 17 of 1993, s. 2(4). 8 Clause (14) was substituted for the original by Guj. 17 of 1993, s. 2 (5). 9 Clause (16) was deleted by Guj. 14 of 2001, s. 2. 10 Clause (20) and (20A) were substituted for clause (20) by Guj. 17 of 1993, s. 2(6). 11 Clause (24A) was inserted by Guj. 17 of 1993, s 2(7). 12 The words "MUNICIPAL BOROUGHS AND" were deleted, ibid. s.4. 13 The brackets, figure and words "(1) Municipal Boroughs" were deleted, ibid. 14 Section 5 was substituted for the original by Guj 17 of 1993, s. 6. 15 Section 6 was substituted lor the original, ibid.. s. 7. 16 Section 7 was substituted by Guj 17 of 1993, s. 9 17 Sections 8 and 8A were substituted tor section 8, ibid., s. 10 18 Section 9 was substituted by Guj. 7 of 1990, s. 4. 19 Sections 9 to 9J were substituted for section 9 by Guj. 15 of 1978, s. 5. 20 Sub-sections (2) and (2A) were substituted for sub-section (2) by Guj. 17 of 1993, s. 11. 21 These words were inserted by Guj 17 of 1993, s 12(i). 22 This word was substituted for the words "vote or is qualified or is not qualified to be elected, as the case may be," ibid, s. 12(ii). 23 The reference to Untouchability (Offences) Act, 1955 has to be construed as reference to the protection of Civil Rights Act, 1955 by virtue of section 19 of the Central Act No. 106 of 1976. 24 Clause (g) was added by Guj. 17 of 1993, s. 13. 25 Clause (h) was inserted by Guj. 17 of 2005, s.3. 26 Sub-section (4) was added by Guj. 23 of 1986, s. 11. 27 These words, brackets, figures and letter were inserted by Guj. 15 of 1978, s, 6. 28 These words, brackets and figures were substituted for the words, brackets, figures and letter "sub-section (6) of section 9 C" by Guj. 7 of 1990, s. 6. 29 This heading was substituted for the heading “PRESIDENT, VICE-PRESIDENT, COUNCILLORS AND CHIEF OFFICERS” by Guj. 15 of 1994, s.2(i) 30 Sub-section (/) was substituted for original by Guj. 17 of 1993, s.14 (i). 31 The words "the determination of the term of office of the president and vice-president and " were deleted , ibid, s. 14 (ii) 32 Sub-section (1) was originally substituted by Guj. 3 of 2000, s. 2 and subsequently again substituted by Guj. 21 of 2011. s. 7. 33 Sub-section (3) was substituted for the original, by Guj. 17 of 1993, s. 15 (2). 34 Sub-section (4) was substituted by Guj. 29 of 1978, s. 11. 35 These words, brackets and figures were substituted for the words "On the election of a new president or vice-president", ibid., s. 12 36 Sub-section (5) was inserted by Guj, 3 of 1968, s. 2. 37 These words were substituted for the words "on receipt of" by Guj. 3 of 1968, S. 3. 38 Section 37A was inserted, ibid., s.4. 39 Section 42 was substituted for the original by Guj. 17 of 1993, s. 16. 40 Sub-heading (3) was substituted for the sub-heading "(3) Chief officer and other officers" by Guj. 15 of 1994, s.2(2). 41 Sections 47,47A, 48,49 and 50 were substituted for sections 47,48, 49 and 50, ibid. s.2(3). 42 Section 50A was inserted by Guj. 11 of 1979, Sch., item 5. 43 This word was substituted for the words "Development Commissioner" by Guj. 6 of 1965, s. 5. 44 This word was substituted for the words "Development Commissioner" by Guj. 6 of 1965, s. 5. 45 These words were substituted by Guj. 14 of 2001, s. 3 (1). 46 This Proviso was added by Guj. 3 of 1968, s 5. 46A Sub-sections (4) and (5) were inserted by Guj. 21 of 2011,s. 8. 47 This word was substituted for the words "Development Commissioner" by Guj. 6 of 1965, s 5. 48 Clauses (e) and (t) were inserted by Guj. 17 of 1993, s. 17. 49 Chapter VIIA was inserted by Guj. 5 of 1978, s.2.