The Gujarat Local Authorities (Extension of Term and Laws Amendment) Act, 1978

Eitra No. 36 REGISTERED NO. G/GNR/2 © I ~ ..... 'Qt'~~ ~ u 1a nu 6ol1rrnmrnr ~a~rn~ EXTRAORDINARY Vol. XIX] Pl.J6LISH£0 B\ .•lrlHORllY Separate pn&lna ls given lo Ori• Part h1 crder that II m•J be Hied u • ~eparate compilation.

(1) Notwithstanding anything contained in section 17 of the Gujarat Panchayats Act, 1961 (hereinafter referred to as "the Panchayats Act") the term of a gram panchayat or of a nagar panchayat, which by reason of that section would have expired after the date of commencement of the Gujarat Local Authorities (Extension of Term and Laws Amendment) Ordinance, 1978 (hereinafter referred to as "the Ordinance") but before the 30th June, 1979 shall not so expire, but shall, subject to other provisions of that Act, extend upto the 30th June, 1979. (2) Notwithstanding anything contained in section 8 of the Gujarat Municipalities Act, 1963 (hereinafter referred to as "the Municipalities Act") the term of office of the councillors of a municipality which by reason of that section would have expired after the date of the commencement of the Ordinance but before the 30th June, 1979 shall not so expire but shall, subject to the other provisions of that Act, extend upto the 30th June, 1979. (3) Notwithstanding anything contained in section 33 of the Municipalities Act, the president and vice-president of a municipality, the term of office of councillors of which is extended under sub-section (2), holding offices immediately before the date of commencement of the Ordinance shall, subject to other provisions of that Act, continue to hold their respective office until the 30th June, 1979.

Notwithstanding anything contained in section 263 of the Municipalities Act- (a) the period of supersession of the Botad Municipality which expires on the 7th December, 1978, and (b) the period of supersession of the Jamnagar Municipality which expires on the 26th September, 1978, shall, with all consequences specified in sub-section (2) of that section, continue upto the 30th June, 1979 and on the expiration of the period of supersession of the municipalities as so continued, the municipalities shall be re-established by election or appointment of councillors under the provisions of that Act or the rules made thereunder applicable thereto;

In the Panchayats Act, in section 44A, in sub-section (1), for the words "On the election of a new Sarpanch or Upa-Sarpanch or a new Chairman or Vice-Chairman" the words, brackets and figures "On the appointment of an officer under sub-section (2) of section 45 or, as the case may be, on the election of a new Sarpanch or Upa-Sarpanch or new Chairman or Vice-Chairman" shall be substituted.

In the Panchayats Act, in section 45, for sub-section (2), the following sub-section shall be substituted, namely :- "(2) On the expiry of the term of the panchayat, the current duties of the office of the Sarpanch or the Chairman of the panchayat shall be carried on by such officer of the State Government as it may by order, specify in that behalf, until such time as a new Sarpanch or Chairman is elected and takes charge of his office.".

In the Panchayats Act, in section 55A, in sub-section (1), for the words "On the election of a new President or Vice-President", the words, brackets and figures "On the appointment of an officer under sub-section (2) of section 57, or, as the case may be, on the election of a new President or Vice-President" shall be substituted.

In the Panchayats Act, in section 57, for sub-section (2), the following sub-section shall be substituted, namely :- "(2) On the expiry of the term of the panchayat, the current duties of the office of the President of the panchayat shall be carried on by such officer of the State Government, as it may, by order specify in that behalf, until such time as a new President is elected and takes charge of his office.".

In the Panchayats Act, in section 67A, in sub-section (1), for the words "On the election of a new President or Vice-President", the words, brackets and figures "On the appointment of an officer under sub-section (2) of section 69, or, as the case may be, on the election of a new President or Vice-President" shall be substituted.

In the Panchayats Act, in section 69, for sub-section (2), the following sub-section shall be substituted, namely :- "(2) On the expiry of the term of the panchayat, the current duties of the office of the President of the panchayat shall be carried on by such officer of the State Government, as it may by order specify in that behalf, until such time as a new President is elected and takes charge of his office.".

In the Municipalities Act, in section 33, for sub-section (4), the following sub-section shall be substituted, namely:- "(4) On the expiry of the term of the office of the councillors of the municipality, the current administrative duties of the office of the president and of the vice-president of the Municipality shall be carried on by such officer of the State Government, as it may by order specify in that behalf, until such time as a new president and vice-president shall have been elected and shall have taken over the charge of their duties.".

In the Municipalities Act, in section 34, in sub-section (1), for the words "On the election of a new president or vice-president" the words, brackets and figures "On the appointment of an officer under sub-section (4) of section 33, or as the case may be, on the election of a new president or vice-president" shall be substituted.

Aris of the Gujarat Legislature find Ordiuanees pron1ulgated and Regulations made by the Governor. The following Act of the Gujarat l,cgislature having been assented to by the Govenior on the 18th September, 1978 is hereby published for general infonnation. J. P. VASAVADA. Deputy Secretary to the Government of Gujarat,, Legal Department. GUJARAT ACT NO. 29 OF 1978. (First published after having received the assent of the Governor 111 the- "Gujarat Governn1ent Gazette" on the 21st September 1978.). An Act to provide for extension of tenn of, or term of office of members of certain local authorities in the State of Gujarat, and for extension of tern1 of supersession of certain municipalities in the State; and to provide for administration of local authorities in the State on the expiry of their term or of term of office of their members and for that puqxisc to amend the laws relating to local authorities in the State. It is hereby enacted in the Twenty-ninth Year of the Republic of India as follows:-·

and Law~ An1endment) Act, 1978. IV-Extra-56

Extension of term of, or term of offiGe of member8 of, certain loca.I anthoritie11. Exten"ion of tl1c p~r· iod of snp- ersession of oortain mun· ieipa.liti~s. GUJ. GOVT. GAZ, EX., SEPTEMBER 21, 1978/BHADRA 30, i'llOO' [P.utT IV 2. (J) Notwithstanding anything oontained in section 17 of tli(I' GujaratGuj. Panchayats Act, 1961 (hereinafter referred to as "th..: Panchayats Act") d1e tern1 ~ ;,r

of a gram panchayat or of a nagar panchayat, which by reason of that section Guj.

would b:i.ve expired after the date of commencement of the Gujarat Local Autho-~~~7 ritii:s (Extension of Term and Laws Amendment) Ordinance, 1978 (hereinafter of referred !o as "the Ordinance") but before the 30th June, 1979 shall not so . expire, but shall, subject to other provisions of that Act, extend uplo the 30th June, 1979.

1. (2) Notv;ithstanding anything contained in section 8 of the Gujarat Munici-Guj. 34 palities Act, 1963 (hereinafter referred to as "the Municipalities Act") the term ~~B!, o{ cfficc of the councillors of a municipality which by reason of that section would have expired after the. date of the commencentent of the Ordinance but before the 30th June, 1979 shall not so expire but shall, subject to the other provisions of that Act, extend upto the 30th June, 1979. CD Notv1ithstanding anything contained in section 33 of the Municipalities

Act, the president and vice-president of a municipality, the tem1 of office of

counciltors of which is extended under sub-section (2), holding offices immediately before the date of commencement of the Ordinance shall, subject to other provi- sions of that Act, continue tO hold-their respective office until the 30th June, 1979.