section 6
Validation of municipalities and actions taken and things done thereunder
The Gujarat Municipal Laws (Amendment and Validating Provisions) Act, 1961Notwithstanding 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 —
- (i) "relevant Act," means —
- (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;
- (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;
- (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 —
- (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;
- (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.
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