Transitory Provision.

(1) Notwithstanding anything contained in section 6B, where the duration of the Corporation has already expired before the commencement of the Bombay Provincial Municipal Corporation (Gujarat Second Amendment) Act, 1993 (hereinafter referred to as “the said date” ) or is due to expire within one year from the said date, the election to constitute such Corporation shall be held in accordance with the provisions of said amended Act and completed within one year from the said date. (2) Where the duration of existing Corporation expires after one year from the said date, the election to constitute such Corporation shall be completed before the expiry of its duration.] 7. Any councillor may resign his office at any time by notice in writing to the Commissioner and, on such notice being given, his office shall become vacant as from the date of the notice. 1[7A. 2[(1) Where, - (i) the duration of a Corporation has already expired or is due to expire during the transitory period as referred to in sub-section (1) of scetion 6C and election to constitute the Corporation could not be completed before the expiry of its duration, or (ii) due to unforseen circumstances such as natural calamity, riots, communal disturbances, the election to constitute Corporation could not be completed before the expiry of its duration, the State Government may, by order published in the Official Gazette appoint a person as an Administrator to manage the affairs of the Corporation during the period from the date specified in the order upto the date immediately preceding the date of the first meeting, after general election.] (2) During the said period, all the powers and duties of the Municipal authorities (except the Municipal Commissioner and the Transport Manager) charged with carrying out the provisions of this Act and of the Corporation under any other law for the time being in force shall be exereised and performed by the Administrator. (3) The Administrator may by an order in writing delegate any of the powers and duties to be exercised or performed by him under sub-section (2) to any officer for the time being serving under the Corporation. (4) The Administrator shall receive such remuneration from the Municipal Fund as the State Government may from time to time by general or special order determine.] Qualifications and disqualifications of voters and councillors. (2) The list of voters shall be the same as the electoral roll of the Gujarat Legislative Assembly prepared and revised in accordance with the provisions of the Representation of the People Act, 1950 for the time being in force and as revised, modified, up-dated and published in accordance with the provisions of sub-section (3). (3) Subject to the superintendence, direction and control of the State Election Commission, the list of voters shall be revised, modified, up-dated and published by such officers as may be designated by the State Election Commision in this behalf in the prescribed manner. (4) No person shall be entitled to have his name included in the list of voters for more than one ward and for any ward more than once. (5) The list of voters for any ward published under sub-section (2) shall remain in operation until a revised list of voters in respect of a Municipal Corporation is so published.] 9. (1) Subject to the provisions of this Act, a person who is enrolled in the municipal election roll as a voter for a ward 1[and has attained the age of twenty one years on the last date fixed for making nomination for election] shall be qualified to be a councillor and to be elected either from such ward or from any other ward. (2) Any person who ceases to be a councillor shall, if qualified under sub-section (1), be eligible for re-election as such. 10. (1) Subject to the provisions of sections 2[13 and 404], a person shall be disqualified for being elected and for being a councillor if such person- 3[(a-1)has been convicted of an offence under the Protection of Civil Rights Act, 1955, unless a period of five years has elapsed, since his release from imprisonment;] (a) has been sentenced by any court to imprisonment or whipping 4[for an offence under any other law for the time being in force] involving moral turpitude and punishable with imprisonment for a term exceeding six months or to transportaion, such sentence not having been subsequently reversed or quashed, or to death, such sentence having been subsequently commuted to transportation or imprisonment: Provided that, on the expiry of such sentence, the disqualification incurred under this clause shall cease: Provided further that the expiry of such sentence shall not entitle the person to continue as a councillor or to stand for election at any by-election held during the remainder of the current term of office of the councillors; (b) is undischarged insolvent; (c) holds the office of Commissioner or any other office or place of profit under the corporation; (d) is a licensed surveyor, architect or engineer, structural designer, clerk of works or plumber or a member of a firm of which any such licensed person is a member; (e) holds any judicial office with jurisdiction within the limits of the City; (f ) subject to the provisions of sub-section (2), has directly or indirectly, by himself or his partner any share or interest in any contract or employment with, by or on behalf of the Corporation; (g) having been elected a councillor is retained or employed in any professional capacity either personally or in the name of a firm in which he is a partner or whom he is engaged in a professional capacity in connection with any cause or proceeeding in which the corporation or the Commissioner or the Transport Manager is interested or concerned; or (h) fails to pay any arrears of any kind due to the Corporation by him, otherwise than as a trustee, within three months after a special notice in this behalf has been served on him by the Commissioner; 5[(hh) has no facility of water closet or privy accommodation at the place of his ordinary residence: Provided that a sitting Councillor shall be deemed to have incurred disqualification if he does not submit to the Municipal Commissioner, within six months from the date of commencement of the Gujarat Local Authorities Laws (Amendment) Act, 2014, a certificate issued by the concerned Deputy Municipal Commissioner of the Corporation in whose jurisdiction his ordinary residence is situated, to the effect that he is having facility of water closet or privy accommodation at the place of his ordinary residence;] 1[(i) is so disqualified by or under any law for the time being in force for the purposes elections to the Legislature of the State;] 2[(j) has more than two children: Provided that a person having more than two children on the date of commencement of the Gujarat Local Authorities Laws (Amendment) Act, 2005 (hereinafter in this clause referred to as “the date of such commencement”), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase: Provided further that a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification under this clause. Explanation.— For the purpose of this clause,- (i) where a couple has only one child on or after the date of such commencement, any number of children born out of single subsequent delivery shall be deemed to be one entity; (ii) ‘child’ does not include an adopted child or children:] Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years. (2) A person shall not be deemed to have incurred disqualification under clause (f) of sub-section (1) by reason only of his (a) receiving a municipal pension; (b) having any share or interest in (i) any lease, sale, exchange or purchase of land or any agreement for the same; (ii) any agreement for the loan of money or any security for the payment of money only; (iii) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted; (iv) any joint stock company or any society registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925, which shall contract with or be employed by the Commissioner or the Transport Manager on behalf of the Corporation; (v) the occasional sale to the Commissioner or Transport Manager on behalf of the Corporation of any article in which he regularly trades to a value not exceeding in the aggregate in any one official year two thousand rupees ; or (vi) the occasional letting out on hire to the Corporation or in the hiring from the Corporation of any article for an amount not exceeding in the aggregate in any one official year five hundred rupees; (c) occupying as a tenant for the purpose of residence any premises belonging to the Corporation; 3[ * ] (d) receiving conveyance charges as a member of the Transport Committee; 4[or] 1[(e) being a relative of a person in employment with or under or by or on behalf of the Corporation.] 2[(3) A person who at any time during the term of his office is disqualified under the Gujarat Provisions for Disqualification of Members of Local Authorities for Defection Act, 1986 for being a councillor shall cease to hold office as such councillor.] 3[(4) A person shall be disqualified to continue as a councillor if such person has been declared as a defaulter voter under section 16D, subject to the decision in appeal, if preferred under section 16E.] 11. A councillor shall cease to hold office as such if at any time during his term of office he (a) becomes disqualified for being a councillor by reason of the provisions of section 10; (b) absents himself during three successive months from the meetings of the Corporation, except from temporary illness or other cause to be approved by the Corporation; (c) absents himself from 4[ * * *] the meetings of the Corporation during six successive months from any cause whatever, whether approved by the corporation or not; or (d) acts as a councillor or as a member of any committee of the Corporation by voting on or taking part in the discussion of, or asking any question concerning any matter in which he has directly or indirectly by himself or his partner any such share or interest as is described in clause (b) of sub-section (2) of section 10 or in which he is professionally interested on behalf of a client, principal or other person. 12. (1) If any doubt or dispute arises whether a councillor has ceased to hold office as such under section 11, such councillor or any other councillor may, and, at the request of the Corporation, the Commissioner shall, refer the question to the Judge. (2) On a reference being made to the Judge under sub-section (1) such councillor shall not be deemed to be disqualified until the Judge after holding an inquiry in the manner provided by or under this Act determines that he has ceased to hold office. 13. (1) The 5[State] Government may, on the recommendation of the Corporation supported by the vote of not less than three-fourths of the whole number of council­lors, remove from office with effect from such date as may be specified in the order of removal any councillor elected under this Act, if it is satisfied that such councillor has been guilty of misconduct in the discharge of his duty or of any disgraceful conduct or has become incapable of performing his duties as a councillor: Provided that no recommendation shall be made by the Corporation under this section unless the councillor to whom it relates has been given a reasonable opportunity of showing cause why such recommendation should not be made. (2) A person who has been removed from office under sub-section (1) shall be disqualified for being elected and for being a councillor for a period of five years from the date of his removal unless the 1[State] Government relieves him of the disqualifica­tion by an order which it is hereby empowered to make. Election of Councillors (2) The State Election Commission shall hold the election as per the rules made by the State Government. (3) The provision of section 7 of the Bombay General Clauses Act, 1904 shall not apply to anything done or suffered under the provision repealed or substituted by the Bombay Provincial Municipal Corporations (Gujarat Second Amendment) Act, 1993 (hereinafter referrd to as “the said Act”). H-2002–3 (4) The Sate Election Commissioner shall be appointed within two months of the coming into force of the said Act. (5) The State Government shall when so required by the State Election Commission, make available to it the staff as may be necessary for the discharge of the function conferred it by clause (1) of article 243K of the Constitution of India. (6) The State Election Commissioner appointed immediately after the commencement of the said Act shall commence the work of delimitation of the constituencies to be known as wards within one month from the date of his appointment as per the last published census figures. (7) Notwithstanding anything contained in the principal Act or in any decree, order or direction of any court, the election of the Corporation shall be held in accordance with the provisions of the Consutitution (Seventy-fourth Amendment) Act, 1992 on Municipalities and the provisions of the Bombay Provincial Municipal Corporations Act, 1949 as amended by the said Act and the rules made by the State Government in this behalf.] 15. (1) In the event of non-acceptance of office by a person elected to be a councillor, or of the death, resignatation, disqulification or removal of a councillor during his term of office, there shall be deemed to be a casual vacancy in the office, and such vacancy shall be filled as soon as conveniently may be, and, in any case, within 1[six months] of the date on which it is known that such vacancy has occurred, by the election of a person thereto, who shall hold office so long only as the councillor in whose place he is elected would have been entitled to hold it if the vacancy had not occurred: Provided that no election shall be held for the filling of a casual vacancy if general elections are due to be held within six months of the occurrence of the vacancy: 2[Provided, however, that such vacancy of a councillor in any Corporation, if any, existing on the date of coming into force of the Gujarat Local Authorities Laws (Second Amendment) Act, 2015, if could not be filled within such period of six months, the same shall be filled in at the time of the general elections if the same are to be held on or before the 31st December, 2015, for constituting the other Corporations whose term are due to expire.] (2) The provisions of section 18 shall apply to an election hold for the filling of a casual vacancy. 16. (1) If the qualification of any person declared to be elected a councillor is disputed, or if the validity of any election is questioned, whether by reason of the improper rejection by the Commissioner of a nomination or of the improper rejection or refusal of a vote, or by reason of a material irregularity in the election proceedings corrupt practice, or any other thing materially affecting the result of the election, any person enrolled in the municipal election roll may at any time within ten days after the result of the election has been declared, submit an application to the Judge for the determintion of the dispute or question. (2) The 3[State] Government may, if it has reason to believe that an election has not been a free election by reason of the large number of cases in which undue influence or bribery has been exercised or committed, by order in writing, authorise any officer to make an application to the Judge at any time within one month after the result of the election has been declared for a declaration that the election of the returned candidate or condidates is vaid. (3) The Judge shall decide the applications made under sub-section (1) or (2) after holding an inquiry in the manner provided by or under this Act. Explanations. For the purposes of this section (1) “corrupt practice” means one of the following practices, namely : (a) any gift, offer or promise by a candidate or his agent or by any person with the connivance of a candidate or his agent of any gratification, pecuniary or otherwise, to any person whomsoever, with the object, directly or indirectly of inducing a person to stand or not to stand as, or to withdraw from being, a candidate at an election or a voter to vote or refrain from voting at an election or as a reward to a preson for having so stood or not stood or for having withdrawn his candidature or a voter for having voted or refrained from voting; (b) any direct or indirect interference or attempt to interfere on the part of a candidate or his agent or of any other person with the connivance of the candidate or his agent with the free exercise of any electoral right, including the use of threats of injury of any kind or the creation or attempt to create fear of divine displeasure or spiritual censure, but not including a declaration of public policy or a promise of public action or the mere exercise of a legal right without intent to interfere with a legal right; (c) the procuring or abetting or attempting to procure by a candidate or his agent or by any other person with the connivance of a candidate or his agent, the application by a person for a voting paper in the name of any other person whether living or dead or in a fictitious name or by a person for a voting paper in his own name when, by reason of the fact that he has already voted in the same or some other ward he is not entitled to vote; (d) the removal of a voting paper from the polling station during polling hours by any person with the connivance of a candidate or his agent; (e) the publication by a candidate or his agent or by any other person with the connivance of the candidate or his agent of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate’s election; (f) any acts specified in paragraphs (a), (b), (d) and (e) when done by a person who is not a candidate or his agent or a person acting with the connivance of a candidate or his agent; (g) the application by a person at an election for a voting paper in the name of any other person, whether living or dead, or in a fictitious name, or for a voting paper in his own name when, by reason of the fact that he has already voted in the same or another ward, he is not entitled to vote; or (h) the receipt of, or agreement to receive, any gratification of the kind described in paragraph (a) as a motive or reward for doing or refraining from doing any of the acts therein specified; (2) a corrupt practice shall not be deemed to have been committed in the interests of a returned candidate if the Judge is satisfied that it was of a trivial and limited character which did not affect the result of the election, that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, that it was committed without the sanction or connivance or contrary to the orders of the candidate or his agents and that the candidate and his agents took all reasonable means for preventing the commission of corrupt practices at the election.