The Gujarat Municipal Laws (Amendment and Validating Provisions) Act, 1961

This Act may be called the Gujarat Municipal Laws (Amendment and Validating Provisions) Act, 1961.

In the Bombay District Municipal Act, 1901, in section 48 —

1. (i) in sub-section (1), the words beginning with the words "with the previous sanction" and ending with the words "of the Commissioner," shall be deleted;
2. (ii) after sub-section

1. (2) the following sub-section shall be inserted, namely :— "(2A) No by-law or alteration or rescission of a by-law made under sub-section
2. (1) shall have effect unless and until, in the case of City Municipalities, it has been sanctioned by the State Government and in other cases by the Commissioner.".

In the Bombay District Municipal Act, 1901 as adapted and applied to the Saurashtra area of the State of Gujarat in section 48,—

1. (i) in sub-section

1. (1) the words beginning with the words "with the previous sanction" and ending with the words "the Director of Local Authorities" shall be deleted;
   • (ii) after sub-section
2. (2) the following sub-section shall be inserted, namely:— "(2A) No by-law or alteration or rescission of a by-law made under sub-section
3. (1) shall have effect unless and until, in the case of City Municipalities it has been sanctioned by the Government of Gujarat and in other cases by the Commissioner.".

In the Bombay Municipal Boroughs Act, 1925, and in that Act as extended to the Kutch area of the State of Gujarat in section 61 —

1. (i) in sub-section

1. (1) the words "with the previous sanction of the State Government," shall be deleted;
   • (ii) after sub-section
2. (2) the following sub-section shall be inserted, namely :— "(2A) No by-law or alteration or rescission of a by-law made under sub-section
3. (1) shall have effect unless and until it has been sanctioned by the State Government.".

In the Bombay Municipal Boroughs Act, 1925 as adapted and applied to the Saurashtra area of the State of Gujarat in section 61 —

1. (i) in sub-section

1. (1) the words "with the previous sanction of the Government of Gujarat" shall be deleted;
   • (ii) after sub-section
2. (2) the following sub-section shall be inserted, namely:— "(2A) No by-law or alteration or rescission of a by-law made under sub-section
3. (1) shall have effect unless and until it has been sanctioned by the Government of Gujarat.".

Notwithstanding anything contained in the relevant Act, and any judgment, decree or order of a Court or Tribunal, no by-law made before the commencement of this Act by any municipality under the relevant provision by obtaining sanction thereto of the State Government or any other competent authority after the publication of the draft thereof shall be deemed to be or to have ever been invalid merely on the ground that the previous sanction of the State Government or, as the case may be, of other competent authority under the relevant provision was not obtained by the municipality also before the draft thereof was published or the by-law made and accordingly such by-laws and any action taken or thing done thereunder shall be and shall be deemed always to have been valid and the validity thereof shall not be called in question merely on the ground aforesaid.

Explanation.— For the purposes of this section —

1. (i) "relevant Act," means —

1. (a) in respect of the Bombay area of the Gujarat State, the Bombay District Municipal Act, 1901 or, as the case may be, the Bombay Municipal Boroughs Act, 1925;
2. (b) in respect of the Saurashtra area of the Gujarat State, the Bombay District Municipal Act, 1901 or, as the case may be, the Bombay Municipal Boroughs Act, 1925 as adapted and applied in that area;
3. (c) in respect of the Kutch area of the Gujarat State, the Bombay Municipal Boroughs Act, 1925 as extended to that area;
   • (ii) "relevant provision" means —
4. (a) section 48 except sub-section (1a) thereof, of the Bombay District Municipal Act, 1901 or of that Act as adapted and applied to the Saurashtra area of the State of Gujarat;
5. (b) section 61, except sub-section (1a) thereof, of the Bombay Municipal Boroughs Act, 1925, or of that Act as adapted and applied to the Saurashtra area of the State of Gujarat or of that Act as extended to the Kutch area of the State of Gujarat.

(See section 2) Sr. No. | Short title | Extent of Amendment 1 | 2 | 3 1. Bombay District Municipal Act, 1901 (Bom. III of 1901). | In section 56, after clause (kk-vi), the following clause shall be inserted, namely:- "(kk-vii) the promotion of economic and industrial development;" 2. Bombay District Municipal Act, 1901 (Bom. III of 1901) as in force in the Saurashtra area of the State of Gujarat by virtue of the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 (Sau. Ord. XXV of 1948). | In section 56, after clause (kk-v), the following clause shall be inserted, namely:- "(kk-vi) the promotion of economic and industrial development;" 3. Bombay Municipal Boroughs Act, 1925, (Bom. XVIII of 1925); | In section 71, after clause (qq-ii), the following clause shall be inserted, namely:- "(qq-iii) the promotion of economic and industrial development;" 4. Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925) as in force in the Saurashtra area of the State of Gujarat by virtue of the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 (Sau. Ord. XXV of 1948); and | In section 71, after clause (q-iv), the following clause shall be inserted, namely:- "(q-v) the promotion of economic and industrial development;" 5. Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925) as in force in the Kutch area of the State of Gujarat by virtue of the Part C, States Laws Act, 1950 (XXX of 1950). In section 71, after clause (qq), the following clause shall be inserted namely:- "(qq-i) the promotion of economic and industrial development; ". (See section 3.) 1. Jamnagar Municipality. 2. Morvi Municipality.