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Town Planning and Valuation Department (Government of Gujarat) Town Planning & Valuation Department
Government of Gujarat
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The Gujarat Municipalities Act, 1963
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(A). The State Government is empowered to constitute Municipalities and change the limit of the municipalities under provision of Act and also vide article 243Q (2) and 243 Q respectively of Constitution of India.
(B). The State Election Commission is empowered to held election of the municipalities under section 6 and 7.
(C). The following powers have been delegated to the Director of Municipalities vide a Notification No.KV-193-91-GMA-1090-2951-M dated 31st July,1991
The following powers have been delegated to the Director of Municipalities vide a Notification No.KV-193-91-GMA-1090-2951-M dated 31st July,1991.
The Director of Municipalities is empowered under section 37(1)(a) to remove from office any Councilor of a Municipality.
The Director of Municipalities is empowered under section 37(1)(b)to remove from office any President or Vice-President of a Municipality.
The Director of Municipalities is empowered under section 37(A) to disqualify any Councilor for misconduct in the discharge of his duties.
The Director of Municipalities is empowered under section 38(4) to entertain appeals.
The Director of Municipalities is empowered under section 258(3) to entertain appeals of the municipalities.
(D). The following powers have been delegated to the Director of Municipalities and Regional Director of Municipalities video notification No.No.KV-193-91-GMA-1090-2951-M dated 31st July, 1991
The Director of Municipalities and Regional Director of Municipalities are empowered under section 11(3)(A) (v) and (vi) to sanction fixation by municipality of higher amount of value of any article for purpose of this provision.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 82(2) for constituting the municipal fund.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 84 (1) power to authorize any municipality to extend to persons or properties beyond the municipal borough any service provided by the municipality within that borough.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 84(3) to sanction the incurring of expenditure by a municipality on education or medical relief outside its jurisdiction.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 87-D (c) to require printing of annual reports on the municipal administration of a borough.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 88 to determine the rates and conditions of payment to be made by a municipality for the maintenance and treatment of indigent persons under going antirabic treatment in any institution.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 89 to prescribe the rates of payments to be made by a municipality for the maintenance and treatment of lunatics and lappers.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 91-F(b) to sanction the reclamation of Waste land and bringing there of under cultivation.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 101 (c) procedure preliminary to imposing tax.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 102 to sanction, modify and impose conditions.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 112(1)(2) to appoint persons to authenticate the assessment list and to recover from the municipality the expenses incurred by such persons and reasonable remuneration payable to such person.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 145 to recovery any amount due the Municipality by the Government from the amount of the grant payable to the municipality.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 260 to prevent extravaginee in this employment of establishment.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 262(2)&(3) to provide for performance of duties on default by municipality.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 263(2)(b) to appoint officer.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 271 to order municipality to make rules.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 273(1)&(2) Proviso to sanction rules framed under clause (d) of section 271 relating to Chief Officers, Health Officers or Engineers and powers to withdraw the powers of any municipality conferred under sub-section(2) of section 273.
The Director of Municipalities and Regional Director of Municipalities are empowered under section 275 of The Gujarat Municipalities Act, 1963 - to make bye-laws.
(E). The following powers have been delegated to the Collector video notification No.No.KV-193-91-GMA-1090-2951-M dated 31st July,1991
The Collector is empowered under section 155 to require a person intending to construct, alter externally or add to any building or to construct or reconstruct any projecting portion of a building to furnish to the Chief Officer a plan certified by person recognized by the municipality.
The Collector is empowered under section 214 to declare any area within a municipal borough as affected by the out break of any dangerous disease and to prescribe the limitations, restrictions and conditions subject to which the Municipality shall exercise the powers specified in sub-section (2) of this section.
The Collector is empowered under section 216 to withdraw, in the case of section 214, may power and to cancel or modify any limitation restriction or condition prescribed in respect of any such power and to cancel any order passed by a municipality in exercise of any such power.
The Collector is empowered under section 219(1) to confer on a municipality the powers specified in sub-section (2).
(F). The following powers have been authorized to the Director of Municipalities and Regional Director of Municipalities, Assistant Director and All Collectors video Order No.KV/1/92/GMA/1090/2951-(3)/M dated 2nd January,1992.
The Director of Municipalities is authorized under sub-section (5) of Section 35 for any dispute regarding any resignation tendered by President.
The Director of Municipalities is authorized under sub-section (1) of Section 40 for suspension of President or Vice-President from office.
The Director of Municipalities is authorized under Section 254 for previous sanction for prosecution against President or Vice-President or Councilor.
The Director of Municipalities and Regional Director of Municipalities are authorized under sub-section (2) of section 70 for liability of Councilors for mis-application of municipal fund, and under section 78 for transmission of accounts and section 83 for application of Municipal fund and property within and without the municipal borough.
The Collectors are authorized under sub-section (1) of sections 270 for powers and duties of the municipality be performed and under sub-section (5) of section 35 for dispute regarding the resignation of Vice President or Councilor of a municipality.
The Sub-Divisional Magistrate ( Prant Officer) have been authorized for the purpose of supervision and inspection of Municipalities under section 257 vide Notification No. KV-77 of 2002- NPL-4502-2117-M, dated 17th June, 2002. The State Government has powers under section 65 (2) of The Gujarat Municipalities Act, 1963 for giving approval of transaction of sale of Municipal properties having value of Rs. 1 lakh or more on a lease of more than 10 years.
The Collectors have powers to take action under section 259 in case of emergency.
The term of office of the President has been increased from one year to two and half years by Gujarat Act No.3 of 2000 dated 2/3/2000.
The state government has powers for revision of appeal under section 264.
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