Chapter XVIII MISCELLANEOUS PROVISIONS.

Entry for purposes of the Act. It shall be lawful for the president, vice-president, chief officer or any officer authorised by the chief officer for such purpose, to enter for any purpose of this Act, between sunrise and sunset, with such assistants as he may deem necessary, into and upon any building or land:

Provided that except when herein otherwise provided, no building or land which may be occupied at the time shall be entered unless with the consent of the occupier thereof, without twenty-four hours’ written notice thereof having been given to the said occupier :

Provided also that in the case of buildings used as human dwellings, due regard shall be paid to the social and religious customs of the occupiers.

Arbitration in cases of compensation, etc. (1) Save as expressly provided in section 26 if an agreement is not arrived at with respect to any compensation or damages which are by this Act directed to be paid, the amount and if necessary the apportionment of the same shall be ascertained and determined by a panchayat of five persons, of whom two shall be appointed by the municipality, two by the party to or from whom such compensation or damages may be payable or recoverable, and one, who shall be sarpanch, shall be selected by the members already appointed as above.

(2) If either party or both parties fail to appoint members or if the members fail to select a sarpanch within one month from the date of either party receiving written notice from the other of claim to such compensation or damages, such members as may be necessary to constitute the panchayat shall be appointed, at the instance of either party, by the District Judge.

(3) In the event or the panchayat not giving a decision within one month from the date of the selection of the sarpanch or of the appointment by the District Court of such members as may be necessary to constitute the panchayat, the matter shall, on application by either party, be determined by the District Court which shall in cases in which the compensation is claimed in respect of land, follow as far may be the procedure provided by the Land Acquisition Act, 1894, for proceedings in matters referred for the determination of the Court:

Provided that-

(a) no application to the Collector for a reference shall be necessary, and

(b) the Court shall have full power to give and apportion the costs of all proceedings in any manner it thinks fit.

(4) In any case where the compensation is claimed in respect of land and the panchayat has given a decision, either party if dissatisfied with the decision, may within a month of the date thereof apply to the District Court and the matter shall be determined by the District Court in accordance with the provisions of sub-section (3).

(5) In any case where the compensation is claimed in respect of any land or building the municipality may after the award has been made by the panchayat or the District Court, as the case may be, take possession of the land or building after paying the amount of the compensation determined by the panchayat or the District Court to the party to whom such compensation may be payable. If such party refuses to accept such compensation or if there is no person competent to alienate the land or building or if there is any dispute as to the title to the compensation or as to the apportionment of it, the municipality shall deposit, the amount of the compensation in the District Court.

If a dispute arises with respect to any costs or expenses which are by this Act directed to be paid, the amount, and if necessary, the apportionment of the same shall, save where it is otherwise expressly provided in this Act, be ascertained and determined by the executive committee and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter IX.

(1) Where, on an application from a municipality, the officer authorised in this behalf by the State Government is of the opinion that any person who in his capacity as a councillor, officer, or servant of a municipality had, in his custody any record, money or other property belonging to the municipality is, after his retirement, removal or suspension from office, or on his otherwise ceasing to hold office, as the case may be, not likely to deliver such record or property or pay such money, the officer so authorised may by a written order, require that the record, property or money so detained be delivered or paid to the municipality forthwith.

(2) If any such person as aforesaid shall not deliver the record or property or pay the money as directed, the officer so authorised may cause him to be apprehended and may send him with a warrant in such form as may be prescribed to be confined in a civil jail till he delivers the record or property or pays the money :

Provided that no such person shall be so detained in confinement for a period longer than one calendar month.

(3) It shall be lawful for the officer so authorised-

(a) for recovering any such money to direct that such money be recovered as an arrear of land revenue and no such direction being given such money shall be recoverable as an arrear of land revenue from such person;

(b) for recovering any such record or property to issue a search warrant and to exercise all such powers with respect thereto as may lawfully be exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1898.

(4) No action under sub-section (1), (2) or (3) shall be taken unless reasonable opportunity has been given to the person concerned to show cause why such action should not be taken against him.

Explanation.-In this section "councillor" includes a president and vice-president of the Municipality and a chairman of any committee thereof.

Municipalities to make rules. (c) Defining the functions of the President and others. (d) Establishment. (e) General guidance of municipal servants. (f) Amount of security. (g) Mode of appointing, etc., municipal servants. (h) Leave to municipal servants. (i) Pensions, etc. (j) Provident funds. (l) Prescribing taxes. (m) Writing off amounts due. (a) Approval required to rules. (b) Officers transferred from or to the service of the Government. (c) Notice required in certain cases of dismissal. municipality shall make rules not inconsistent with this Act and the rules or orders made by the State Government under this Act, and may from time to time alter or rescind them-

(a) regulating the conduct of its business and the delegation of any of its powers or duties to any committee or to the chief officer or subject to the provisions of section 54 the powers or duties of any committee to any other committee or to the chief officer and the appointment and constitution of committees under section 55;

(b) prescribing the limitations and restrictions subject to which the Pilgrim committee shall exercise the powers and perform the duties of the municipality in respect of the Pilgrim Fund;

(c) determining the executive functions to be performed by the president, vice-President and the Chairman of any committee;

(d) determining the staff of officers and servants to be employed by the municipality and their powers and duties:

(e) generally for the guidance of its officers and servants in all matters relating to the municipal administration;

(f) fixing the amount and nature of the security to be furnished by any officer or servant from whom it may be deemed expedient to require security;

(g) determining subject to the limitations imposed by sections 47 and 50 the mode and conditions of appointing, punishing, or dismissing any officer or servant; and delegating to officers designated in the rules the power to appoint, fine, reduce, suspend or dismiss any officer or servant;

(h) regulating the grant of leave to its officers or servants, and fixing the remuneration to be paid to the persons, if any, appointed to act for them whilst on leave;

(i) regulating the period of service of its officers and servants and determining the conditions under which such officers and servants or any of them shall receive pensions, gratuities or compassionate allowances on retirement or discharge from service or on their becoming disabled through the execution of their duty, and the amount of such pensions, gratuities or compassionate allowances; and prescribing the conditions under which any gratuities or compassionate allowances may be paid to the surviving relatives of any such officers or servants whose death has been caused through the execution of their duty;

(j) authorizing the payment of contributions at such rates and subject to such conditions as may be prescribed in such rules, to any pension or provident fund which may be established by the municipality or, with the approval of the municipality, by its officers and servants;

(k) enabling such officers or servants who are subscribers to any provident fund to exercise the option of joining any pension fund established as aforesaid, either retrospectively or prospectively, on such terms and conditions as may be specified in the rules and providing for the manner in which the amount of contributions made to the provident fund by such officers or servants and the municipality and standing to the credit of such officers or servants on the date on which the option is exercised shall be dealt with;

(l) prescribing the taxes to be levied in the municipal borough for municipal purposes, the circumstances in which exemption will be allowed, the limits of the charges or payments to be fixed in lieu of any tax under section 119, the fees to be charged for licences or permissions granted under section 118 and for giving copies and stamping weights and measures; the fees for notices demanding payments due on account of any tax and for the issue and execution of warrants of distress and the rates to be charged for maintaining any live-stock distrained; and the time at which and the mode in which such taxes, charges, payments, fees or rates shall be levied or recovered or be payable and the persons authorised to receive payment of the same and the manner in which auctions of moveable and immovable property under section 134 shall be held;

(m) prescribing the conditions subject to which sums due on account of any tax or of costs in recovering any tax may be written off as irrecoverable and the conditions subject to which the whole or part of any fee chargeable for distress may be remitted by the executive committee :

Provided that-

(a) no rule or alteration or rescission of a rule made under this section shall have effect unless and until it has been approved by the State Government;

(b) if an officer serving or having served under a municipality has been, or is, transferred from or to the service of the Government or is partly employed by the Government and partly by a municipality, the municipality shall make such contributions to his pension and leave allowances as may be required by the conditions of his service under the Government, to be made by him or on his behalf;

(c) a municipality shall not, unless with the assent of the Government dispense with the services of any officer transferred from the service of the Government to the service of the municipality or employed partly by the Government and partly by the municipality, or finally dismiss from the service of the municipality any officer transferred from the service of the municipality, to the service of the Government without giving the Government six months' previous notice. a dealer in, or importer or seller of, sweet-meats, milk, butter or other milk products, or for the use, for purposes of trade, of any place for stabling milch cattle, for storing or selling milk, storing or selling butter or other milk products;

(g) (i) for the inspection of milch cattle; and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of dairies and cattle-sheds in the occupation of persons following the trade of dairy-men or milk-sellers ;

(ii) for securing the cleanliness of milk-stores, milk-shops and vessels used by milk-sellers or buttermen for milk or butter;

(h) for the registration of births, deaths, and marriages within the municipal borough and for enforcing the supply of such information as may be necessary to make such registration effective ;

(i) regulating the disposal of the dead and the maintenance of all places for the disposal of the dead in good order and in a safe sanitary condition, due regard being had to the religious usages of the community or section of the community entitled to the use of such places for the disposal of the dead;

(j) for enforcing the supply of information as to any cases of dangerous disease, and carrying out the provisions of section 214 and 215;

(k) for enforcing the supply of such information by inhabitants of the municipal borough as may be necessary to ascertain their respective liabilities to any tax imposed therein

(m) for conserving and preventing injury to sources and means of water supply and appliances for the distribution of water whether within or without the limits of the municipal borough, and regulating all matters and things connected with the supply and use of water and the turning on or turning off and preventing the waste of water, and the construction, maintenance, and control of municipal water-works and of pipes and fittings in connection therewith whether the property of the municipality or not;

Explanation —Sources and means of water supply shall include private wells which are used by the public ;

(n) for securing an adequate supply of pure water to persons occupying residential premises;

(o) regulating the use of public bathing and washing places within the municipal borough ,

(p) regulating sanitation and conservancy and the disposal of the carcasses of dead animals ,

(q) regulating the conditions on which permission may be given for the temporary occupation of, or the erection of temporary structures, on public streets or for projections over public streets ,

(r) regulating the structure and dimensions of plinths, walls, foundations, roofs and chimneys of new buildings for the purpose of securing stability and the prevention of fires, and for purposes of health, and determining the purposes for which existing or newly erected buildings may be used in any area;

(s) for preventing the erection of buildings without adequate provision being made for the location and laying out of streets; and for the payment of compensation in such cases when necessary ;

(t) for ensuring the adequate ventilation of buildings by the provision and maintenance of sufficient open space either internal or external and of doors and windows and other means for securing a free circulation of air;

(u) for requiring an owner of a building divided into two or more separate tenements to provide adequate means of lighting at night time a staircase, passage or private court of or in any such building or the spaces near or leading to latrines or urinals or washing places therein and of extinguishing such lights ;

(v) prescribing the qualifications of surveyors or persons by whom plans required under section 155 are to be prepared, or of plumbers; for licensing persons to be surveyors or plumbers and, fixing the fees chargeable for such licences; and for modifying the provisions of or revoking such licences; and prohibiting any alterations or repairs or fittings to water or drainage pipes or house connections being carried out or made except by such persons :

(w) regulating, in any other particular not specifically provided for in this Act, the construction, maintenance and control of drains, sewers, ventilation, shafts, receptacles for dung and manure, cesspools, water closets, privies, latrines, urinals and drainage or sewerage works of every description whether the property of the municipality or not;

(x) determining the information and plans to be required by the municipality under sections 149 and 155 :

(y) prohibiting vehicular traffic in any particular street, so as to prevent danger, obstruction or inconvenience to the public, by fixing up post at both ends of such street or portion of such street, prohibiting the transit of any vehicles of such form, construction, weight or size or laden with such heavy or unweildy objects as may be deemed likely to cause injury to the roadways or to any construction thereon, or risk or obstruction to other vehicles or to pedestrians along or over any street, except under such conditions as to time, mode of traction or locomotion, use of appliance for protection of the roadway, number or lights and assistants, and other general precautions as may be prescribed either generally in such bye-laws or in special licences to be granted in each case upon such terms as to time of application and payment of fees therefor as may be prescribed in such bye-laws:

Provided that no such bye-laws relating only to any particular street or portion of a street shall be deemed to be in force, unless and until notices of such prohibition shall have been posted up by the municipality in conspicuous places; at or near both ends of such street or portion of a street;

(z) securing the protection of public parks, gardens and open spaces, vested in or under the control of the municipality, from injury or misuse, regulating their management and the manner in which they may be used by the public, and providing for the proper behaviour of persons in them;

(aa) prescribing the conditions on or subject to which licences may be granted, refused, suspended or withdrawn for, the use of hand-carts, and hand-barrows, other than those plying for the hire in respect of which licences have been granted under the Bombay Public Conveyances Act, 1920, and providing for the seizure and detention of any hand-carts or hand-barrows which have not been duly licensed in pursuance of the bye-laws made under this section;

(bb) prescribing the conditions on or subject to which licences may be granted, refused, suspended or withdrawn for hawking or exposing for sale in any public place or street any article whatsoever, whether it be for human consumption or not:

(cc) prescribing the conditions on or subject to which permission may be granted, renewed, refused suspended or withdrawn for erecting, exhibiting, fixing or retaining any sky-sign or advertisement, over any land building or structure;

Explanation.-The expression "sky-sign" shall mean any word, letter, model, sign, device or representation in the nature of an advertisement, announcement or direction, supported on or attached to any post, pole, standard, framework or other support, wholly or in part upon or over any land, building, or structure which, or any part of which sky-sign, shall be visible-against the sky from some point in any street and includes all and every part of any such post, pole, standard, frame-work, or other support. The expression "sky-sign" shall also include any balloon, parachute or other similar device employed wholly or in part for the purposes of any advertisement, announcement or direction upon or over any land, building or structure or upon or over any street, but shall not include-

(a) any flag staff, pole, vane or weather-cock, unless adapted or used wholy or in part for the purpose of any advertisement, announcement or direction :

(b) any sign, or board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building, or on the cornice or blocking course of any wall, or to the ridge of a roof:

Provided that such board, frame or other contrivance be of one continuous face and not open work, and do not extend in height more than three feet above any part of the wall, parapet or ridge to, against, or on which it is fixed or supported;

(c) any word, letter, model, sign, device or representation as aforesaid, relating exclusively to the business of a railway company, and placed wholly upon or over any railway, railway station, yard, platform or station approach, belonging to a railway company, and so placed that it cannot fall into any street or public place;

(d) any notice of land or building to be sold or let, placed upon such land or building;

(dd) generally for the regulation of all matters relating to municipal administration;

and the municipality may with the like sanction, prescribe a fine not exceeding five hundred rupees for every infringement of any such bye-law.

(2) A municipality may, from time to time, with the previous sanction of the

Discretionary power to make rules. A municipality may, at its discretion, make rules, not inconsistent with this Act and the rules or orders made by State Government under this Act, determining the conditions under which gratuities or compassionate allowances may be paid to the surviving relatives of its officers and servants or any of them who die during service and the amount of such gratuities or compassionate allowances:

Provided that no rule or alteration or rescission of a rule made under this section shall have effect unless and until it has been approved by the State Government.

(1) Subject to the requirements of clause (a) of the proviso to section 271 a municipality may, except as otherwise provided in clause (b) of the proviso to section 131 at any time for any sufficient reason, suspend, modify or abolish any existing tax by suspending, altering or rescinding any rule prescribing such tax.

(2) The provisions of Chapter VIII relating to the imposition of taxes shall apply so far as may be to the suspension, modification or abolition of any tax and to the suspension, alteration or rescission of any rule prescribing a tax.

(1) Power to make by-laws. (a) Markets and slaughter-houses, etc. (b) Licensing, regulating and inspecting certain businesses. (c) Use of steam whistles, etc. (d) Pilgrims lodging houses. (e) Stalling of cattle, etc. (f) Milk shops. (g) (i) For regulation on dairies and cattle-sheds. (ii) Milk stores, etc. (h) Registration of births, etc. (i) Regulating the disposal of the dead. (j) For enforcing supply of information as to epidemics. (k) For enforcing supply of information as to liability to municipal taxation. (l) [Deleted.] (m) For protecting water. (n) Supply of water. (o) Public baths, etc. (p) Conservancy. (q) Temporary structures and buildings. (r) Buildings. (s) Streets. (t) Ventilation. (u) For requiring lighting stair-cases, etc., at night. (v) Qualified surveyors. (w) Drains. (x) Requiring information and plans in certain cases. (y) Controlling unwieldy traffic. (z) Public parks. (dd) General regulation. Fine may be imposed for infringement of bye-laws. (3) Publication of drafts of proposed bye-laws. (5) Objections and suggestions to be submitted to Central or State Government. (1) A municipality may from time to time, make, alter or rescind by-laws not inconsistent with this Act-

(a) for the regulation and inspection of markets and slaughter houses and all places used by or for animals which are for sale or hire, or the produce of which is sold, and for the proper and cleanly conduct of business therein; and for fixing the rents and other charges to be levied for the use of any of them which belong to the municipality, for regulating the sale of fruit and vegetables in the municipal market or other specified places;

(b) prescribing the conditions on or subject to which and the circumstances in which and the areas or localities in respect of which licences may be granted, refused, suspended or withdrawn for the use of any place not belonging to the municipality-

(i) as a slaughter-house;

(ii) for the manufacture, preparation, storing, sale or supply for the purpose of trade of any article or thing intended for human food or drink, whether such food or drink is to be consumed in such place or not;

(iii) for any of the purposes mentioned in sub-section (1) of section 221; and providing for the inspection and regulation of the conduct of business in any place used as aforesaid, so as to secure cleanliness therein or to minimise any injurious, offensive or dangerous effect arising or likely to arise therefrom;

(c) prescribing the conditions on or subject to which and the circumstances in which and the areas or localities in respect of which licences may be granted, refused, suspended or withdrawn for the use of whistles and trumpets operated by steam or mechanical means in factories or other places for the purpose of summoning or dismissing workmen or persons employed;

(d) prescribing the conditions on or subject to which and the circumstances in which and the areas or localities in respect of which licences may be granted, refused, suspended or withdrawn for the use of any place or building for the purpose of lodging pilgrims, and providing lor the inspection and regulation of such places or buildings;

(e) prohibiting the stalling or herding of horses, camels, cattle donkeys, sheep or goats otherwise than in accordance with such regulations prescribed in such bye-laws in regard to the number thereof, and the places to be used for the purpose, as may be necessary to prevent danger to the public health;

(f) prescribing the conditions on which sweet-meats, milk, butter or other milk products may be sold and on which licences may be granted, refused, suspended, or withdrawn for carrying on the trade or business of a dealer in, or importer or seller of, sweet-meats, milk, butter or other milk products, or for the use, for purposes of trade, of any place for stabling milch cattle, for storing or selling milk, storing or selling butter or other milk products;

(g) (i) for the inspection of milch cattle; and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of dairies and cattle-sheds in the occupation of persons following the trade of dairy-men or milk-sellers ;

(ii) for securing the cleanliness of milk-stores, milk-shops and vessels used by milk-sellers or buttermen for milk or butter;

(h) for the registration of births, deaths, and marriages within the municipal borough and for enforcing the supply of such information as may be necessary to make such registration effective ;

(i) regulating the disposal of the dead and the maintenance of all places for the disposal of the dead in good order and in a safe sanitary condition, due regard being had to the religious usages of the community or section of the community entitled to the use of such places for the disposal of the dead;

(j) for enforcing the supply of information as to any cases of dangerous disease, and carrying out the provisions of section 214 and 215;

(k) for enforcing the supply of such information by inhabitants of the municipal borough as may be necessary to ascertain their respective liabilities to any tax imposed therein

(m) for conserving and preventing injury to sources and means of water supply and appliances for the distribution of water whether within or without the limits of the municipal borough, and regulating all matters and things connected with the supply and use of water and the turning on or turning off and preventing the waste of water, and the construction, maintenance, and control of municipal water-works and of pipes and fittings in connection therewith whether the property of the municipality or not;

Explanation —Sources and means of water supply shall include private wells which are used by the public ;

(n) for securing an adequate supply of pure water to persons occupying residential premises;

(o) regulating the use of public bathing and washing places within the municipal borough ;

(p) regulating sanitation and conservancy and the disposal of the carcasses of dead animals ;

(q) regulating the conditions on which permission may be given for the temporary occupation of, or the erection of temporary structures, on public streets or for projections over public streets ;

(r) regulating the structure and dimensions of plinths, walls, (aa) prescribing the conditions on or subject to which licences may be granted, refused, suspended or withdrawn for, the use of hand-carts, and hand-barrows, other than those plying for the hire in respect of which licences have been granted under the Bombay Public Conveyances Act, 1920, and providing for the seizure and detention of any hand-carts or hand-barrows which have not been duly licensed in pursuance of the bye-laws made under this section;

(bb) prescribing the conditions on or subject to which licences may be granted, refused, suspended or withdrawn for hawking or exposing for sale in any public place or street any article whatsoever, whether it be for human consumption or not:

(cc) prescribing the conditions on or subject to which permission may be granted, renewed, refused suspended or withdrawn for erecting, exhibiting, fixing or retaining any sky-sign or advertisement, over any land building or structure;

Explanation.-The expression "sky-sign" shall mean any word, letter, model, sign, device or representation in the nature of an advertisement, announcement or direction, supported on or attached to any post, pole, standard, framework or other support, wholly or in part upon or over any land, building, or structure which, or any part of which sky-sign, shall be visible-against the sky from some point in any street and includes all and every part of any such post, pole, standard, frame-work, or other support. The expression "sky-sign" shall also include any balloon, parachute or other similar device employed wholly or in part for the purposes of any advertisement, announcement or direction upon or over any land, building or structure or upon or over any street, but shall not include-

(a) any flag staff, pole, vane or weather-cock, unless adapted or used wholy or in part for the purpose of any advertisement, announcement or direction :

(b) any sign, or board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building, or on the cornice or blocking course of any wall, or to the ridge of a roof:

Provided that such board, frame or other contrivance be of one continuous face and not open work, and do not extend in height more than three feet above any part of the wall, parapet or ridge to, against, or on which it is fixed or supported;

(c) any word, letter, model, sign, device or representation as aforesaid, relating exclusively to the business of a railway company, and placed wholly upon or over any railway, railway station, yard, platform or station approach, belonging to a railway company, and so placed that it cannot fall into any street or public place;

(d) any notice of land or building to be sold or let, placed upon such land or building;

(dd) generally for the regulation of all matters relating to municipal administration;

and the municipality may with the like sanction, prescribe a fine not exceeding five hundred rupees for every infringement of any such bye-law.

(2) A municipality may, from time to time, with the previous sanction of the Central Government, make, alter or rescind bye-laws but not so as to render them inconsistent with this Act, for the taking of a census within the municipal borough and for enforcing the supply of such information as may be necessary to make such census effective.

(3) A municipality shall, before making any bye-law under this section, publish in such manner as shall in its opinion be sufficient, for the information of the persons likely to be affected thereby, a draft of the proposed bye-law, together, with a notice specifying a date on or after which the draft will be taken into consideration; and shall, before making the by-law, receive and consider any objection or suggestion with respect to the draft which may be made in writing by any person before the date so specified.

(4) No bye-law, or alteration or rescission of a bye-law made under sub-section (1) shall have effect unless and until it has been sanctioned by the State Government.

(5) When any bye-law made by a municipality is submitted to the Central Government or the State Government for sanction, a copy of the notice published and of every objection or suggestion received under the provision of sub-section (3), shall be submitted for the information of that Government along with the said bye-law.

(6) Every bye-law, or alteration or rescission of a bye-law made under this section shall as soon as it is sanctioned by the State Government or, as the case may be, the Central Government, be published in such manner as shall in the opinion of the Municipality be sufficient, for the information of the persons likely to be affected thereby.

The rules and bye-laws for the time being in force shall be kept open to public inspection at the municipal office at all reasonable times; printed copies thereof and of this Act in Gujarati and in English shall be kept on sale at cost price.

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may be made-

(a) for the whole or any part of the State of Gujarat and for all or any municipality, and

(b) to provide for all matters expressly required or allowed by this Act to be prescribed by rules.

(3) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.

(4) All rules made under this Act by the State Government shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to rescission by the State Legislature or to such modification as the Legislature may make during the session in which they are so laid, or the session immediately following.

(5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazelle and shall thereupon take effect.

Special provisions for agricultural area. (1) If in respect of any area within the limits of a municipal borough the State Government is of opinion that the area predominantly consists of unoccupied land or land used for agricultural purposes and is mostly unoccupied by houses other than farm buildings, it may, after consulting the municipality, by notification in the Official Gazette declare the area to be an agricultural area. The declaration shall state the boundaries of the area and the place where the plan of the area may be available for inspection.

(2) On the publication of the declaration, notwithstanding anything contained in this Act, the following consequences shall ensue that is to say-

(b) in the said area, the municipality shall not be required to make provision for the matters specified in section 87, and none of the taxes mentioned in section 99 shall be leviable by the municipality;

(c) section 155 shall not apply to the construction of a farm building.

(3) If at any time after the making of a declaration under sub-section (1), the State Government, after such inquiry as it may deem fit, is satisfied that the whole or a part of the agricultural area-

(a) has ceased to be predominantly used for agricultural purposes and is occupied by houses,

(b) or is likely to cease to be used for agricultural purposes and to develop as an urban area,

it may by notification direct that the declaration made under sub-section (1) shall cease to apply to the whole of the area or such part thereof as may be specified in the notification. On the publication of the notification the provisions of sub-section (2) shall cease to apply to the area specified in the notification.

Explanation.-In this section " farm building " shall have the meaning assigned to it in section 65 of the Land Revenue Code. declaration shall state the boundaries of the area and the place where the plan of the area may be available for inspection.

(2) On the publication of the declaration, notwithstanding anything contained in this Act, the following consequences shall ensue that is to say-

(b) in the said area, the municipality shall not be required to make provision for the matters specified in section 87, and none of the taxes mentioned in section 99 shall be leviable by the municipality;

(c) section 155 shall not apply to the construction of a farm building.

(3) If at any time after the making of a declaration under sub-section (1), the State Government, after such inquiry as it may deem fit, is satisfied that the whole or a part of the agricultural area-

(a) has ceased to be predominantly used for agricultural purposes and is occupied by houses,

(b) or is likely to cease to be used for agricultural purposes and to develop as an urban area,

it may by notification direct that the declaration made under sub-section (1) shall cease to apply to the whole of the area or such part thereof as may be specified in the notification. On the publication of the notification the provisions of sub-section (2) shall cease to apply to the area specified in the notification.

Explanation.-In this section " farm building " shall have the meaning assigned to it in section 65 of the Land Revenue Code.

278A. The State Government may, by notification in the Official Gazette, delegate any of its powers, functions or duties under this Act to any of its officers including the Director.

(1) The Bombay District Municipal Act, 1901 and that Act as adapted and applied to the Saurashtra area of the Gujarat State, and the Bombay Municipal Boroughs Act, 1925, and that Act as adapted and applied to the Saurashtra area of the Gujarat State and that Act as extended to the Kutch area of the Gujarat State are hereby repealed.

(2) Notwithstanding the repeal of the said Acts —

(i) any local area declared to be either a municipal borough or municipal district immediately before the date on which this Act comes into force (hereinafter referred to as " the said date") shall be deemed to be a municipal borough under this Act;

(ii) the municipalities constituted under the said Acts immediately before the said date (hereinafter called " the old municipalities") shall be deemed to be municipalities of the respective boroughs (hereinafter respectively called " the new municipalities " and " the new boroughs") ;

(iii) the president, vice-president and councillors elected or appointed for the old municipalities and holding office immediately before the said date shall respectively be deemed to be the president, vice-president and councillors of the new municipalities and subject to the provisions relating to disqualification, resignation, removal and vacancy as provided in this Act shall hold office for the following period, that is to say :-

(a) in case the term of their office would have expired after the said date on or before the 30th September 1965 under any of the Acts so repealed or under any other law for the time being in force, for such period not exceeding one year from the said date as the State Government may by general or special order specify.

(b) in any other case, for the period for which they would have held office under any of the Acts so repealed :

(iiia) if any municipality constituted under an Act so repealed has been superseded before the said date under a provision of such Act corresponding to the provision of section 263 of this Act and the period of supersession of such municipality as specified under such Act expires on or after the said date, such supersession shall be deemed to have been made under section 263 of this Act, for the period so specified, notwithstanding anything to the contrary contained in that section :

Provided that where such period expires before the 30th September, 1965 the State Government may by order in writing, extend it for such period not exceeding one year from the said date as it may specify in the order and any such order may be made so as to have retrospective effect.

(iv) the unexpended balance of the municipal fund and all the properties (including arrears of rates, taxes and fees ) vesting in the old municipalities shall from the said date vest in the new municipalities and such arrears of rates, taxes and fees shall be recoverable under the provisions of this Act as if they had been imposed and recoverable under the provisions of this Act;

(v) all debts and obligations incurred and all contracts made by or on behalf of the old municipalities immediately before the said date and subsisting on the said date shall be deemed to have been incurred and made by the new municipalities in exercise of the powers conferred on them by this Act;

(vi) any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, bye-law, or form made, issued, imposed, or granted in respect of the said boroughs or districts and in force immediately before the date of the commencement of this Act shall in so far as they are not inconsistent with the provisions of this Act be deemed to have been made, issued, imposed or granted under this Act in respect of the borough and shall continue in force until it is superseded or modified by any appointment, notification, notice, tax, fee, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under this Act;

(vii) all budget estimates, assessments, assessment lists, valuations or measurements made or authenticated immediately before the commencement of this Act by the old municipalities shall be deemed to have been made or authenticated by the new municipalities under this Act;

(viii) all officers and servants in the employ of the old municipalities immediately before the said date shall be officers and servants of the new municipalities and shall until other provision is made in accordance with the provisions of this Act, receive the salaries and allowances and be subject to the conditions of service to which they were entitled or subject on such date:

Provided that it shall be competent to the State Government after giving a Municipal Commissioner such notice as is required to be given by the terms of his employment, to discontinue his services if in the opinion of the Government he is not necessary or suitable to the requirements of the municipal service; and every Municipal Commissioner whose services are to discontinued shall be entitled to such leave, pension, provident fund, gratuity, other rights and privileges as he would have been entitled to take or receive or being invalided out of service if he had continued in the employ of the municipality after the said date;

(ix) all proceedings pending before the old municipalities shall be deemed to have been instituted and to be pending before the new municipalities and shall be heard and disposed of by the said municipalities under this Act;

(x) all prosecutions instituted by or on behalf of the old municipalities and all suits or other legal proceedings instituted by or against the old municipalities or any officer of municipalities pending at the said date shall be continued by or against the new municipalities;

(xi) any reference in any enactment or in any instrument to any Acts hereby repealed or to any provision thereof or any authority elected or appointed thereunder shall be construed as a reference to the Gujarat Municipalities Act, 1963, or to the corresponding provision thereof or to the corresponding authority elected or appointed thereunder.

Removal of difficulties. 280. If any difficulty arises in first giving effect to the provisions of this Act, the State Government may, as occasion requires, by order do anything which appears to it to be necessary for the purpose of removing the difficulty.

Transitory provision. 281. (1) Notwithstanding anything contained in this Act, where the duration of the municipality has already expired before the date of the commencement of the Gujarat Municipalities (Amendment) Act, 1993 (hereinafter reffered to as "the said date" in this section) or is due to expire within one year from the said date, the election to constitute such municipality shall be completed within one year from the said date in accordance with the provisions of this Act.

(2) Where the duration of the existing municipality expires after one year from said date, the election to constitute such municipality shall be completed before the expiry of its duration in accordance with the provisions of this Act.

(3) Where an area is specified as transitional area or, as the case may be, a smaller area, under clause (2) of article 243Q of the Constitution of India during the period of six months from the said date, the election to constitute the municipality for such area shall be completed within one year from the said date in accordance with the provisions of this Act.

(4) Where an election to constitute municipality could not be completed or it is not possible to hold the election to constitute a municipality as provided in this section on account of unforeseen circumstances such as natural calamity, riots, communal disturbances, all powers and duties of the municipality shall be exercised and performed by such officer as the State Government may by order appoint in this behalf.