Bare ActsThe Gujarat Provincial Municipal Corporations Act, 1949

Section 2

This Schedule was re-lettered as Schedule A by Guj

Amendment status not verified — confirm the current text below against the official source.

This Schedule was re-lettered as Schedule A by Guj. 19 of 1964, s. 27. Provisions regulating Corporation’s proceedings. H-2002–27 210 Gujarat Provincial Municipal Corporations Act, 1949 [ 1949 : Bom. LIX (h) atleast seven clear days, notice shall ordinarily be given of every meeting other than an adjourned meeting, but in cases of urgency any such meeting may be called, except for the purpose of considering an annual budget estimate, in pursuance or a written requi­ sition signed by not less than four members of the Standing Committee, upon a notice of not less than three clear days; of adjourned meetings such previous notice shall be given as shall be practicable having regard to the period of the adjournment; (i) every notice of a meeting shall specify the time and place at which such meeting is to be held and the business to be transacted thereat other than questions under section 44 and shall be given by Municipal Secretary by advertisement in atleast one local newspaper having a substatial circulation and, as far as practicable, a copy of such notice shall be sent by ordinary post to the last known address of every councillor; (j) any councillor who desires at any meeting to bring forward any business, other than any questions under section 44, or to make any substantive proposition which is not already specified in the notice of such meeting, shall give written notice of the same to the Municipal Secretary atleast three clear days before the fixed for the meeting and a supplementary announcement of the business or propositions, of which notice has been so given, shall be given by the said Secretary in a local newspaper not later than the day previous to the meeting; (k) except at a meeting called on a requisition of urgency or at the discussion at any meeting of a budget-estimate, no business shall be transacted at any meeting other than the business specified in the notice published under clause (i) and any questions asked under section 44 or urgent business not specified in the said notice which the Standing Committee, Transport Committee or the Commissioner deem it expedient to bring before the meeting and no substantive proposition shall be made or discussed which is not specified in the said notice or in the supplementary announcement, if any, published under clause (j) or which is not in support of the recommendation of the Standing Committee, Transport Commettee or Commissioner with reference to any urgent business brought by any of those authorities respectively before the meeting: Provided that no such urgent business as aforesaid shall be brought before any meeting, unless atleast three-fourths of the councillors present at such meeting, such three-fourths being not less than one-fourth of the whole number of councillors, assent to its being brought forward thereat; (l) at a meeting called on a requisition of urgency and during the discussion at any meeting of a budget estimate, no business shall be transacted and no substantive proposi­ tion shall be made or discussed which does not directly relate to the business for which the urgent meeting was called, or to the budget estimate, as the case may be; and no proposi­ tion involving any change in the taxes which the Standing Committee proposes to impose or the fares or charges which the Transport Committee proposes to levy or an increase or decrease of any item of expenditure in a budget-estimate, shall be made or discussed at any meeting at which such budget estimate is under consideration, unless such proposition is specified in the notice of the meeting published under clause (i) or in the supplementary announcement, if any, published under clause (j) or unless, in the case of an adjourned meeting, each of the conditions mentioned in the proviso to clause (m) has been fulfilled; (m) any meeting may, with the consent of a majority of the councillors present, be adjorned from time to time to a later hour on the same day or to any other day, but no business shall be transacted and, except as is hereinafter provided, no proposition shall be discussed at any adjorned meeting other than the business or propositions remaning undisposed of at the meeting from which the adjornment took place: Provided that at any adjorned meeting at which a budget estimate is under consideration a proposition involving any change such as is described in clause (l) may be made and discussed notwithstanding that such proposition is not one remaining undisposed of at the meeting from which the adjornment took place, if each of the following conditions has been fulfilled, namely: (i) that written notice of such proposition has been given at the meeting from which the adjournment took place; 1949 : Bom. LIX ] Gujarat Provincial Municipal Corporations Act, 1949 211 (ii) that the adjornment has been for not less than two clear days; and (iii) that a special announcement of the proposition has been given by the Municipal Secretary (who shall be bound to give such announcement) in a local daily newspaper not later than the day previous to the adjourned meeting ; (n) a minute of the names of the councillors present and of the proceedings at every meeting shall, on the day following the meeting or as soon thereafter as may be, be drawn up and kept by the Municipal Secretary in a book to be provided for this purpose and shall be signed at, and by the presiding authority of, the next ensuing meeting; and the said minute-book shall at all reasonable time, be open at the chief municipal office to inspection by any councillor free of charge and by any other person on payment of a fee of eight annas; (o) every question other than the question whether the Standing Committee, Trans­ port Committee or Commissioner shall be permitted to bring urgent business before a meeting without notice, shall be decided by a majority of votes of the councillors present and voting on that question, unless otherwise provided in or under this Act, the presiding authority having a second or casting vote when there is an equality of votes; (p) a declaration by the presiding authority that a proposition has been carried and an entry to that effect in the minutes-book shall, unless a poll be demanded at the time of such declaration by not less than four councillors, be conclusive evidence of the fact, without proof of the number of votes given for or against the proposition; (q) when a poll is taken, the vote of each councillor present and voting upon the proposition shall be taken by tellers appointed by the presiding authority and the names of the councillors voting respectively for or against the proposition shall be recorded in the minute-book; (r) no resolution passed by the Corporation shall be modified or cancelled within three months after the passing thereof, except by a resolution supported by not less than one-half of the whole number of councillors or by such larger number of councillors as may be required by the Act in any particular case and passed at a meeting whereof notice shall have been given fulfilling the requirements of clause (h) and setting forth fully the resolution which it is proposed to modify or cancel at such meeting and the motion or proposition for the modification or cancellation of such resolution.

Section 2 – The Gujarat Provincial Municipal Corporations Act, 1949 | DailyLaw.ai