The Gujarat Local Authorities (Emergency Provisions) Act, 1965

(1) This Act may be called the Gujarat Local Authorities (Emergency Provisions) Act, 1965. (2) It extends to the whole of the State of Gujarat.

In this Act, unless the context otherwise requires,— (1) "local authority" means a municipal corporation, a municipality, a district panchayat, a taluka panchayat or a gram panchayat constituted under the relevant enactment; (2) "relevant enactment" means— (a) in the case of the Municipal Corporation of the City of Ahmedabad, the Bombay Provincial Municipal Corporations Act, 1949, and in the case of any other municipal corporation, the law under which it is constituted; (b) in the case of a municipality, the Gujarat Municipalities Act, 1963; (c) in the case of a district panchayat, a taluka panchayat or a gram panchayat, the Gujarat Panchayats Act, 1961.

(1) Notwithstanding anything contained in any relevant enactment, if the State Government is of the opinion that an emergency has arisen due to which it is not practicable to hold general elections for the purpose of reconstituting any local authority or any class of local authorities, the State Government may, by notification in the Official Gazette, from time to time, extend the term of office of the councillors or, as the case may be, the members of such local authority or class of local authorities, for such period as may be specified in the notification: Provided that the total period of such extension shall not exceed one year. (2) The State Government may, by notification in the Official Gazette, direct that the term of office of the councillors or, as the case may be, the members of any local authority specified in the notification shall be extended for a period specified therein and thereupon the term of such councillors or members shall be deemed to be extended accordingly. (3) On the expiry of the term of office of the councillors or, as the case may be, the members of a local authority extended under this section, such councillors or members shall vacate their office and the local authority shall be reconstituted in accordance with the provisions of the relevant enactment.

Where the State Government is satisfied that any local authority is unable to exercise the powers or perform the duties or functions conferred or imposed on it by or under any relevant enactment or is acting in a manner which is against the public interest or is not functioning in accordance with the provisions of any such enactment, and that it is necessary in the public interest so to do, the State Government may, by notification in the Official Gazette, dissolve or supersede such local authority.

When a local authority is dissolved or superseded under section 4, the consequences specified in the relevant enactment for the dissolution or supersession of such local authority shall ensure as if the local authority had been dissolved or superseded under that enactment; and all the powers and duties of the local authority shall, during the period of dissolution or supersession, be exercised and performed by such person or persons as the State Government may appoint in this behalf.

The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall, subject to such conditions as may be specified in the notification, be exercisable also by such officer subordinate to it as may be specified in the notification.

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) The power to make rules conferred by sub-section (1) shall be subject to the condition of previous publication. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislative Assembly as soon as possible after they are made and shall be subject to such modifications as the State Legislative Assembly may make during the session in which they are so laid or the session immediately following.