The Gujarat Municipalities Act, 1963

The Gujarat Municipalities Act, 1963

Infrastructure1963296 sections18 chapters

The Gujarat Municipalities Act, 1963 lays down the legal framework for democratic local governance across transitional and smaller urban areas in the State of Gujarat. It establishes elected civic bodies known as Nagar Panchayats and Municipal Councils, defining their composition, powers, administrative machinery, and financial duties. The Act outlines mandatory public services such as sanitation, street lighting, waste disposal, public health, road maintenance, and primary education, while empowering municipal bodies to levy local taxes and collect utility fees. For ordinary citizens, this law ensures direct participation in municipal elections, establishes transparent procedures for property tax assessments and public contracts, and creates structured mechanisms to challenge administrative decisions, election disputes, or civic grievances.

Chapter I PRELIMINARY. →

  1. 1Short title, extent and commencement
  2. 2Definitions

Chapter II CONSTITUTION OF MUNICIPALITIES. →

  1. 5Incorporation of Nagar Panchayat and Municipal Council
  2. 6Municipality to consist of elected Councillors
  3. 7Determination of number of councillors to be elected and determination of wards
  4. 8Duration of the municipalities, and the councillors
  5. 8AAppointment of an officer to exercise the powers of the municipality in unforeseen circumstances
  6. 9List of Voters for every ward
  7. 10Persons qualified to vote and be elected
  8. 11General disqualifications for becoming a councillor. Vacation of seat. Decision of State Government in case of disputes.
  9. 12General disqualifications of voters
  10. 13Right to vote
  11. 14Determination of validity of elections
  12. 15Voter disqualified for corrupt practice
  13. 16Prohibition of canvassing in or near polling stations
  14. 17Penalty for disorderly conduct in or near polling stations
  15. 18Penalty for misconduct at polling station
  16. 19Maintenance of secrecy of voting
  17. 20Officers, etc., at elections not to act for candidates or to influence voting
  18. 21Breaches of official duty in connection with elections
  19. 22Removal of ballot papers from polling station to be an offence
  20. 23Other offences and panalties therefor.
  21. 24Prosecution regarding certain offences
  22. 25Requisitioning of premises, vehicles, etc., for municipal elections
  23. 26Payment of compensation
  24. 27Power to obtain information
  25. 28Eviction from requisitioned premises.
  26. 29Release of premises from requisition
  27. 30Penalty for contravention of any order regarding requisitioning

Chapter III PRESIDENT, VICE-PRESIDENT, COUNCILLORS AND OFFICERS AND →

  1. 31President and Vice-President
  2. 32Election of President and Vice-President
  3. 33Term of office of president and vice-president
  4. 34Duty of retiring President, etc. to hand over charge of office
  5. 35Resignation of President, vice-President or councillor
  6. 36Motion of no confidence
  7. 37AResignation not to affect subsequent disqualification of a councillor
  8. 38Disabilities from continuing as a councillor
  9. 39Leave of absence
  10. 40Suspension of President or Vice-President
  11. 41Eligibility of certain members for re-election
  12. 42Filling of vacancies
  13. 43Vacancy in Municipality, etc., not to invalidate its proceedings
  14. 44Municipal Government vests in the municipality
  15. 45Functions of President
  16. 46Functions of Vice-President
  17. 47Appointment of Chief Officers and other Officers
  18. 48Imposition of Penalties
  19. 49Powers and duties of Chief Officer
  20. 50Appointment of other officers and servants of municipalities
  21. 50AProvident Fund to be deposited in Government Treasury

Chapter IV CONDUCT OF BUSINESS. →

  1. 51Provisions in regard to meetings of municipality and procedure
  2. 52The chief officer to be present at every meeting of the Municipality but not to vote upon or make any proposition
  3. 53Executive committee
  4. 54Pilgrim Committee
  5. 55Other Committees
  6. 56Consultative Committees
  7. 57When person other than Councillors may serve on Committees. Duties, etc., of such persons.
  8. 58Casual Vacancies, re-eligibility
  9. 59(1) Ex-officio and appointed Chairman. (3) Non-attendance of Chairman.
  10. 60(1) Procedure at meetings. (2) Meeting and adjournment of committees. (3) Quorum.
  11. 61(1) Procedure by circular. (2) Propositions when to be sent to Government of Panchayat officers for remarks. (3)
  12. 62Subordination of committees to municipality
  13. 63Powers, duties and functions may be delegated to officers whose expenses may be paid
  14. 64Joint Committees of local bodies.
  15. 65Powers of municipality to sell, lease, and contract
  16. 66Mode of executing contracts
  17. 67Tenders to be invited for contracts involving expenditure exceeding Rs. 5,000
  18. 68Security when to be taken for performance of contract
  19. 69Recourse to the Land Acquisition Act, 1894
  20. 70Liability of councillors for misapplication.
  21. 71Officer or servant of municipality not to be interested in contract with such municipality.
  22. 72Penalty for councillor, officer or servant of a municipality being interested in contract, etc., with that municipality.
  23. 73Councillors etc. to be deemed public servants
  24. 74(1) Acts, and proceedings of municipality and committee not vitiated by disqualifications, etc., of members thereof. (2) Proceedings presumed to be good and valid.
  25. 75Accounts to be kept.
  26. 76Presentation of accounts, budget estimates
  27. 77Audit of accounts
  28. 78Transmission of accounts to State Government
  29. 79Publication of accounts

Chapter V MUNICIPAL PROPERTY AND FUND. →

  1. 80Power to acquire and hold property for the purposes of the Act
  2. 81Decision of claims to property by or against the municipality
  3. 82Municipal fund.
  4. 83Application of municipal property and lands within and without the municipal borough.
  5. 84Power of municipality to extend service to persons or properties outside its limits when authorised by Government
  6. 85Extension by municipality of its service etc., to area outside its limits.
  7. 86Deposit of funds and investment of surplus funds

Chapter VI FUNCTIONS OF MUNICIPALITIES. →

  1. 87Duties of municipalities
  2. 88Provision for anti-rabic treatment of indigent persons
  3. 89Provision for lunatics and lepers
  4. 90Analysis and inspection of water supplied through pipes
  5. 91Discretionary functions
  6. 92Arrangements purporting to be binding permanently or for a term of years

Chapter VII PROVISIONS AS TO TRANSFER OF CERTAIN FUNCTIONS. →

  1. 93Recovery of land revenue by municipalities
  2. 94Responsibility of the municipalities
  3. 95Conferment of powers and duties for collection of land revenue on municipalities.
  4. 96Right of State Government to collect land revenue unaffected.
  5. 97Collector to appoint officer on suspension of powers of municipality.
  6. 98Transfer of functions of State Government to municipalites.

Chapter VII A. →

  1. 98ALeavy of fifty paise cess on every rupee of land revenue.
  2. 98BLevy of cess on water-rate.
  3. 98CManner of levying cess described in section 98A.
  4. 98DManner of levying cess described in section 98B.
  5. 98ECollection and credit of local cess on land revenue and water rates.
  6. 98FSuspension and remission of local cess

Chapter VIII MUNICIPAL TAXATION. →

  1. 99Taxes which may be imposed
  2. 99ATax on buildings and lands.
  3. 100Payment to be made to the municipality in lieu of a tax on buildings by the Government or district panchayat or taluka panchayat concerned.
  4. 101Procedure preliminary to imposing tax.
  5. 102Power to sanction, modify and impose conditions
  6. 103Publication of sanctioned rules with notice.
  7. 104Municipalities empowered by State Government to levy tax or vary amount or rate of tax.
  8. 105Preparation of an assessment list
  9. 106(1) Person primarily liable of a tax on buildings or lands or both how to be designated if his name cannot be
  10. 107Publication of notice of assessment List
  11. 108Public notice of time fixed for lodging objections.
  12. 109(1) Amendment of assessment list. Notice of new buildings. (2) Objection how dealt with. (3) Effect of amendment.
  13. 110Notice to be given to the executive committee of demolition of or removal of building.
  14. 111New assessment List need not be prepared every year.
  15. 112Power of State Government to appoint person to authenticate list in case of default by municipality
  16. 113Tax from whom primarily leviable.
  17. 115Notice to be given to the chief officer of all transfers of title of person primarily liable to payment of tax on buildings or lands
  18. 116Form of notice.
  19. 117Liability for payment of tax on building or land or both to continue in absence of any notice of transfer.
  20. 118Fees may be charged for certain licences
  21. 119Fixed charges and agreements for payment in lieu of taxes for water supplied.
  22. 120Taxes on pilgrims may be assigned in part to panchayats.
  23. 126Tables of tolls to be shown on demand.
  24. 127Power to seize vehicle or animal on non-payment of toll
  25. 130Power of State Government to suspend levy of objectionable taxes.
  26. 131Power of State Government to require municipalities to impose taxes.
  27. 132Presentation of bill for taxes.
  28. 133Coercive measures for recovery of municipal claims
  29. 134Sale of goods destrained in special cases; Sale of property distrained or attached; application of proceeds of sale; Surplus, if any, how dealt with.

Chapter IX RECOVERY OF MUNICIPAL CLAIMS. →

  1. 135Sale outside municipal borough.
  2. 136Fees and costs chargeable.
  3. 137Summary proceedings may be taken against persons, about to leave the borough.
  4. 138Appeals to Magistrates.
  5. 139Entries in the assessment list and taxes and decisions to be final.
  6. 140Liability of land, buildings, etc., for taxes.
  7. 141Receipts to be given for all payments.
  8. 142Certain amounts to be recovered as arrears of land revenue.
  9. 142AFinance Commission

Chapter X FINANCIAL ASSISTANCE TO MUNICIPALITIES. →

  1. 143Rebate in respect of cost of collection of land revenue, etc.
  2. 144Power of Government to make grants.
  3. 145Condition of grant
  4. 146Powers regarding public streets.
  5. 147Power to require repair etc., of private streets.

Chapter XI MUNICIPAL POWERS AND OFFENCES. →

  1. 148Power to declare any street a public street subject to objections by the owners
  2. 149New private streets
  3. 150Regular line of a public street
  4. 151Setting back projecting buildings.
  5. 152Setting forward to regular line of street.
  6. 153Roofs and external wall of buildings not to be made of inflammable materials.
  7. 154Level of buildings.
  8. 155Notice of new buildings.
  9. 156Power of municipality to refuse permission
  10. 157Completion certificates permission to occupy or use.
  11. 158Regulation of huts.
  12. 159Improvement of huts.
  13. 160Municipal control over drains etc.
  14. 161Powers for making and repairing drains.
  15. 162Power to require sufficient drainage of houses.
  16. 163New buildings not to be erected without drains.
  17. 164Powers of owners and occupiers of buildings or lands to drain into municipal drains.
  18. 165Right to carry drain through land or into drain belonging to other person
  19. 166Right of owner of land through which drain is carried in regard to subsequent building thereon
  20. 167Provisions of privies, etc.
  21. 167APower of Chief Officer to require owner to provide water closet or privy accommodation.
  22. 168Power to require owners to keep drains, etc., in proper order or to demolish or close a privy or cesspool.
  23. 169Power to close existing private drains.
  24. 170Power in respect of sewers, etc., unauthorizedly constructed, rebuilt or unstopped.
  25. 171Encroachments on municipal drains.
  26. 172Inspection of drains etc.
  27. 173Executive committee may excecute certain works under this sub-chapter without allowing option to person concerned of executing the same. Expenses in such cases by whom to be paid.
  28. 174Pipes etc., constructed by municipality to be municipal property.
  29. 175Power of carrying water mains.
  30. 176Permission necessary for certain projections. Removal of projection.
  31. 177Troughs and pipes for rain water.
  32. 178Fixing of lamps, brackets, etc., to houses.
  33. 179Naming streets and numbering of premises; penalty for defacing etc.
  34. 180Penalty for defacing building etc.
  35. 181Removal and trimming of hedges, trees, etc.
  36. 182Ruinous or dangerous buildings; precautionary measures.
  37. 183Powers and duties with regard to dangerous, stagnant or insanitary sources of water supply.
  38. 184Displacing pavement, etc.
  39. 185Obstructions and encroachments upon public streets and open spaces.
  40. 186Hoards to be set up during repairs, etc.
  41. 187Fencing and lighting during repairs, etc.
  42. 188Timber not to be deposited or hole made in street without permission
  43. 189Dangerous quarrying.
  44. 190Provision as to dogs.
  45. 191Provision as to keeping of pigs.
  46. 192Depositing dust, etc., committing nuisance.
  47. 193Discharging sewage, etc.
  48. 194Non removal of filth, etc.
  49. 195Removal of night-soil.
  50. 196Filthy buildings, etc.
  51. 197Buildings or rooms in buildings unfit for human habitation.
  52. 198Power to enter and inspect, etc., buildings.
  53. 199Bathing places.
  54. 200Regulation of washing of clothes by washermen. Washing place to be provided by the executive committee for washermen.
  55. 201Fouling water.
  56. 202Abatement of nuisance from wells, etc.
  57. 203Using offensive manure, etc.
  58. 204Tethering cattle, etc.
  59. 205Feeding animals on filth.
  60. 206Consumption of smoke.
  61. 207Licensing markets and slaughter-houses.
  62. 208Opening, closing and letting of markets and slaughter-house.
  63. 209Power to remove persons from municipal markets.
  64. 210Slaughter houses, etc., beyond, municipal limits.
  65. 211Search for and inspection of unwholesome articles.
  66. 212Powers of inspection of weights and measures, etc.
  67. 213Licensing of dairies.
  68. 214Powers to prevent disease which may at any time be conferred
  69. 215Duties of municipality on threatened or actual outbreak of dangerous disease.
  70. 216Withdrawal and modification of powers and orders
  71. 217Duties of municipality in respect of diseases among cattle
  72. 218Proceedings to abate the overcrowding of the interiors of building
  73. 219Special powers which may be conferred by the State Government in respect of over crowded area.
  74. 220Closing of places for disposal of the dead.
  75. 221Regulation of certain trades
  76. 222Prohibition of use of steam whistles, etc.
  77. 223Loitering or importuning for purpose of prostitution
  78. 224Pilgrims' lodging houses.
  79. 225Police and municipal officers to aid fire-brigade.
  80. 226(1) Service of notices, etc. addressed to individuals. (2) Service of notices on owners or occupiers of buildings and
  81. 227Punishment for disobedience of order and notice not punishable under any other section
  82. 228General penalty
  83. 229(1) Municipality in default of owner or occupier may execute works and recover expenses. (a) Agreement for construction
  84. 230Occupier in default of owner, may execute works and deduct expenses from his rent
  85. 231Proceedings if any occupier opposes the execution of the Act
  86. 232Liability of persons receiving rent as owners subject to availability of funds
  87. 233Power to evict certain persons from municipal premises
  88. 234Power to recover rent or damages as arrears of land revenue
  89. 235Deduction of rent from salary or wages in certain cases
  90. 236Appeal
  91. 237Bar of Jurisdiction of Civil Courts

Chapter XIII CATTLE POUNDS. →

  1. 238Cattle-trespass Act to cease to apply
  2. 239Power to establish cattle pounds and appoint pound keepers
  3. 240Penalty for allowing cattle to stray in street or to trespass upon private or public property
  4. 241Impounding of cattle
  5. 242Sale of cattle not claimed
  6. 243Pound-fees and expenses chargeable to be fixed.
  7. 244Complaints of illegal seizure or detention
  8. 245Security in respect of impounded cattle.
  9. 246(1) Municipality may prosecute. (2) Jurisdiction of Magistrate; recovery of compensation and expenses.

Chapter XIV PROSECUTIONS, SUITS AND POWERS OF POLICE →

  1. 247Distress lawful though defective in form
  2. 248Damage to municipal property how made good
  3. 249Alternative procedure by suit.
  4. 250Power to sue, compromise and pay compensation.
  5. 251Assistance for the recovery of rent on land.
  6. 252Bar of suits against municipality, its officers, servants, etc. for acts done in good faith
  7. 253Limitation of suit against municipality, its officers and servants for acts done in pursuance of execution of this Act
  8. 254Previous sanction for prosecution against president or Vice-President or councillor.
  9. 255Powers of police officers

Chapter XV PROVISIONS RELATING TO SERVICES. →

  1. 256Posting under muncipalities of officers and servants in State Service.

Chapter XVI CONTROL. →

  1. 257Power of inspection and supervision.
  2. 258Powers of Collector to suspend execution of orders, etc. of municipalities
  3. 259Extraordinary powers of Collector in case of emergency
  4. 260Power of Director to prevent extravagance in the employment of establishment
  5. 261Inquiry into municipal matters by State Government.
  6. 262Power of State Government to provide for performance of duties on default by municipality
  7. 263(1) Power of State Government to dissolve or supersede municipality in case of incompetency, default, or abuse of
  8. 264Powers of State Government over Collectors, etc.
  9. 264ANotified areas
  10. 264BPower of State Government to impose taxation and regulate expenditure of the proceeds thereof
  11. 264CApplication of Act to notified area
  12. 264EVesting, recovery and application of property, rights and liabilities of persons or committees appointed for areas ceasing to be notified area

Chapter XVII SPECIAL PROVISION APPLICABLE WHEN MUNICIPAL BOROUGH LIMITS →

  1. 265Interpretation
  2. 266Power of State Government to make suitable provisions by order when a municipal borough altered
  3. 266AInterpretation
  4. 266BEffect of conversion of gram panchayat into municipality

Chapter XVIII MISCELLANEOUS PROVISIONS. →

  1. 267Entry for purposes of the Act
  2. 268Arbitration in cases of compensation, etc.
  3. 269Costs or expenses how determined and recovered
  4. 270Power of authorised officer to recover record, money or other property
  5. 271Municipalities to make rules
  6. 272Discretionary power to make rules
  7. 274Power to suspend, reduce or abolish any existing tax
  8. 275(1) Power to make by-laws. (a) Markets and slaughter-houses, etc. (b) Licensing, regulating and inspecting certain
  9. 276Rules and bye-laws to be printed and sold.
  10. 277Power of State Government to make rules.
  11. 278Special provisions for agricultural area
  12. 278ADelegation
  13. 279Repeal
  14. 280Removal of difficulties
  15. 281Transitory provision

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