Local Authorities (Temporary Postponment of election) Act, 1994

This Act may be called the Gujarat Local Authorities (Temporary Postponement of Elections ) Act, 1994.

In this Act, unless the context otherwise requires,--

(a) ‘election’ means and includes entire election process commencing from the preparation of list of voters and all stages culminating into election of a councillor or, as the case may be, a member of the local authority and it is always deemed to have meant and included entire election process;

(b) ‘local authority’ means a panchayat, a municipality and a Municipal Corporation constituted under the relevant Act;

(c) ‘relevant Act’, in relation to,--

(i) a panchayat, means the Gujarat Panchayats Act, 1993,

(ii) a municipality, means the Gujarat Municipalities Act, 1963.

(iii) a Corporation, means the Bombay Provincial Municipal Corporations Act, 1949.

Notwithstanding anything contained in the relevant Act or the rules or by-laws or order made thereunder or in any judgement, decree or order of any court or authority, during the period from the date of the commencement of this Act and upto and inclusive of the 4th January, 1995, no general election of the Councillors of any Corporation, or of any municipality or of members of any panchayat and no election to fill up any casual vacancy of any Councillor or member shall be held; and the election shall be started thereafter of such local authority of which duration has already expired before the commencement of this Act or is due to expire before 1st May, 1995 for such area which are declared as transitional or smaller urban area and shall be completed before the 1st May, 1995 in accordance with the provisions of the relevant Act and the rules made thereunder.

Except as otherwise provided by or under this Act, the provisions of the relevant Act shall in all other respects apply in case of a Corporation, municipality or panchayat.

If any difficulty arises in giving effect to the provisions of this Act, or by reasons of anything contained therein, or in giving effect to the relevant Act in respect of any matter contained in this Act, the State Government may, as occasion arises, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty.