The Gujarat Municipalities Act, 1963
Chapter VII PROVISIONS AS TO TRANSFER OF CERTAIN FUNCTIONS.
Chapter VII PROVISIONS AS TO TRANSFER OF CERTAIN FUNCTIONS.
93. Recovery of land revenue by municipalities
Recovery of land revenue by municipalities. The State Government may notwithstanding anything contained in the Land Revenue Code, or any law relating to the collection of any cess for the time being in force in the State, by notification in the Official Gazette, entrust to every municipality all or any of the functions, and duties of a village accountant or patel or other similar functions of any other person, by whatever name called, in relation to the collection of Land Revenue (including cesses) and dues recoverable as arears of land revenue, which is levied and assessed by or under the Land Revenue Code, or any law relating to the collection of any cess for the time being in force in the State, and all other functions and duties of a village accountant under that Code.
Chapter VII PROVISIONS AS TO TRANSFER OF CERTAIN FUNCTIONS.
94. Responsibility of the municipalities
Responsibility of the municipalities. The municipality so entrusted under section 93 shall be responsible for the recovery and collection of the land revenue (including cesses) and other dues of the borough in accordance with the provisions of the Land Revenue Code and the rules, instructions and orders made or issued thereunder and the law relating to the collection of such cesses.
Chapter VII PROVISIONS AS TO TRANSFER OF CERTAIN FUNCTIONS.
95. Conferment of powers and duties for collection of land revenue on municipalities.
Where a municipality has been entrusted with the functions and duties relating to the collection of land revenue (including cesses) and other dues under section 93, the State Government shall by notification in the Official Gazette, confer on such municipality subject to such conditions as may be specified in the notification all or any of the powers of the Collector, for the realisation of land revenue and other dues recoverable as arrears of land revenue under the Land Revenue Code, and for the collection of cesses under the law relating thereto, and it shall be competent for the municipality so empowered to exercise all or any of the powers so conferred in this behalf.
Chapter VII PROVISIONS AS TO TRANSFER OF CERTAIN FUNCTIONS.
96. Right of State Government to collect land revenue unaffected.
Notwithstanding anything contained in the provisions herein before the right of the State Government to collect land revenue and any cess, shall remain unaffected and if in the opinion of the State Government a municipality exceeds or abuses its powers under this Chapter or fails to exercise the same, or is incompetent to perform, or makes persistent default in the performance of the duties imposed or persistently disobeys any of the orders of the Collector with regard to the exercise of any of the said powers, the State Government may after giving the municipality an opportunity to render an explanation, by order in the Official Gazette, withdraw all the powers conferred on the municipality under this Chapter and direct its revenue officers to recover the land revenue or, as the case may be, the cesses.
Chapter VII PROVISIONS AS TO TRANSFER OF CERTAIN FUNCTIONS.
97. Collector to appoint officer on suspension of powers of municipality.
On the withdrawal under section 96 of the powers conferred on a municipality, the Collector shall appoint an officer to take charge of the recovery of land revenue, or collection of cesses, in the municipal borough.
Chapter VII PROVISIONS AS TO TRANSFER OF CERTAIN FUNCTIONS.
98. Transfer of functions of State Government to municipalites.
(1) Notwithstanding anything contained in any law for the time being in force, the State Government may, subject to such conditions as it may think fit to impose, transfer, by an order published in the Official Gazette, to a municipality any such functions and duties relating to Government under any enactment which the State Legislature is competent to enact, or otherwise in the executive power of the State, and appear to relate to matters arising within a municipal borough and to be of an administrative character and shall on such transfer allot to the municipality such fund and personnel as may be necessary to enable the municipality to discharge the functions and duties so transferred.
(2) Without prejudice to the generality of the provisions of sub-section (1), the State Government may transfer to the municipality such functions and duties as are performed by the following departments of the State, namely :-
(1) Agriculture;
(2) Animal Husbandry;
(3) Public Health and Medical relief;
(4) Public Works Department activities in the district;
(5) Social Welfare;
(6) Revenue Department;
(7) Prohibition Department so far as prohibition propaganda is concerned;
(8) Co-operative Department;
(9) Cottage Industries and Small Scale Industries;
(10) District Statistical Office.
(3) Where any functions and duties conferred by or under any enactment are so transferred, that enactment, shall have effect as if this section had been incorporated in that enactment.
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