Amendment status not verified — confirm the current text below against the official source.
[Special provision for declaration of nagar as municipal Borough.] This section which was inserted by Guj. 20 of 1980, s.6 was subsequently deleted by Guj. 17 of 1993, 1964 : Guj. 34] Gujarat Municipalities Act, 1963 23 of 158 s.5. (2) Constitution of Municipalities. 14[5. (1) In every transitional area there shall be a Nagar Panchayat and every such Nagar Panchayat shall be a body corporate by the name of "the Nagar Panchayat" and shall have perpetual succession and a common seal, and may sue and be sued in its corporate name through its chief officer. (2) In every small urban area there shall be a Municipal Council and every such Municipal Council shall be a body corporate by the name of "the Municipal Council" and shall have perpetual succession and a common seal, and may sue and be sued in its corporate name through its chief officer.] 15[6. (1) Every municipality shall consist of elected councillors. (2) The number of such councillors shall he- (a) 21, in the case of a nagar panchayat, (b) 27, if the population of the municipal borough exceeds 25,000 but does not exceed 50,000, (c) 36, if the population of the municipal borough exceeds 50,000 but does not exceed 1,00,000, (d) 42, if the population of the municipal borough exceeds 1,00,000 but does not exceed 2,00,000, and (e) 51, if the population of the municipal borough exceeds 2.00.000. (3) Out of the total number of scats of councillors in a municipality, there shall be reserved seats for Scheduled Castes, Scheduled Tribes, Backward Classes and women as follows, namely. (a) Seats shall be reserved by the State Government for the Scheduled Castes and the Scheduled Tribes in every municipality and the number of seats so reserved shall bear, as nearly as may be the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the Scheduled Castes in that municipal area or of the Scheduled Tribes in that municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a municipality in the prescribed manner. (b) One-third of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes or as the case may be, the Scheduled Tribes. (c) One-tenth of the total number of seats to be filled by direct election in every municipality shall be reserved for persons belonging to backward classes and one-third of the seats so reserved for backward classes shall be reserved for women belonging to the backward classes. Such seats may be allotted by rotation to different constituencies in the prescribed manner. (d) One-third (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes) of the total number of seats to be filled by direct election in every municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a municipality in the prescribed manner. Incorporation of Nagar Panchayat and Municipal Council Municipality to consist of elected Councillors. [1964 : Guj. 34 Gujarat Municipalities Act, 1963 (e) The reservation of seats under clauses (a), (b) and (c) (other than the reservation for women) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India. (4) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission. (5) Subject to the provisions of this Act, an election shall be held in accordance with the rules made by the State Government in that behalf. (6) The State Election Commissioner shall be appointed within two months of the coming into force of the Gujarat Municipalities (Amendment) Act, 1993. (7) The State Government shall, when so required by the State Election Com mission, make available to it the staff as may be necessary for the discharge of the functions conferred on it by clause (1) of article 243K of the Constitution of India (8) Notwithstanding any vacancy due to failure to elect the full number of councillors which under this section might be elected the municipality shall be deemed to be constituted on the date of its first meeting. Explanation :- For the purpose of this section,- (a) "Scheduled Castes" means such castes, races of tribes or parts of or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Gujarat under aricle 341 of the Constitution of India; (b) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within such tribe or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under article 342 of the Constitution of India, and (c) "backward classes" means classes declared as Socially and Educationally Backward Classes by the State Government from time to time.] (3) Election of Councillors. 7AA. [Definitions.] This section which was inserted by Guj. 15 of 1978, s. 3 was subsequently deleted by Guj. 17 of 1993, s. 8. 16[7. (1) Each municipality shall consist of councillors chosen by direct election. (2) Where general election is to be held immediately after,- (i) the specification of a local area as a 'transitional area" or as the case may be a smaller urban area' under article 243Q of the Constitution of India is made, or (ii) the census is taken under the Census Act, 1948, and the relevent figures of which have been published, or (iii) the limits of a municipal borough are altered, (a) the State Government shall, by notification in the Official Gazette, determine the number of wards into which the municipal borough shall be divided, the number of councillors to be elected to the municipality and the number of seats to be reserved in Guj. 17 of 1993. Determination of number of councillors to be elected and determination of wards. 37 of 1948. 1964 : Guj. 34] Gujarat Municipalities Act, 1963 25 of 158 favour of the Scheduled Castes, the Scheduled Tribes, the backward classes and women as provided in sub-section (3) of section 6. (b) the State Election Commission thereafter shall carry out the determination of the boundaries of the wards and the allocation of seats reserved in favour of the Scheduled Castes, Scheduled Tribes, backward classes and women among the wards in the prescribed manner.] 17[8. (1) Every municipality. unless sooner dissolved shall continue for five years from the date appointed for its first meeting and no longer. (2) The term of office of the councillors shall be co-extensive with the duration of the municipality. (3) An election to constitute a municipality shall be completed before the expiry of its duration specified under sub-section (1).