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Important Legislation (continue..) |
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THE BOMBAY PROVINCIAL MUNICIPAL CORPORATION ACT 1949
(1) The State Government has powers to declare local areas to be cities and to alter the limits of the municipal corporation under article-243 Q (2) of the constitution of India and as per the provisions of section 3-A. (2) The qualifications, disqualifications, disabilities, liabilities of councilors for removal and elections of the municipal councilors by the State Government have been specified under section- 10,11,13,14,19 and 20. (3) The Municipal Commissioners are appointed by the Government under Section 36 (4) The appointments, confirmations pay scales and punishments in the various posts under the Municipal Corporations. have been specified under section. 45 to 56. (5) The obligatory functions and discretionary functions have been specified under section 61, 62, and 63. (6) The State Government has powers to give sanction to the proposals of the land acquisitions of the Municipal Corporation under Section - 78. (7) The State Government has powers to sanction the proposals of the Municipal Corporations regarding allotment of land to a member of SC and ST and other backward classes or for the purpose of construction or maintenance of public hospitals run by public charitable trust, less than the market rate as per the proviso of Section - 79 (d). (8) The State Government has powers to give permission to borrow loans from the financial institutions as per section - 109. (9) The Municipal Corporations have been authorized to levy the different taxes under section - 127, 129, 130, 131, 132, 133. (10) The State Government has powers to fix up minimum and maximum rates of property tax as per Section - 141. (11) The State Government has powers to sanction the proposals of the Municipal Corporations for the street land as per section - 204. (12) The State Government has powers to require performance of duties in default of any municipal authority as per section 448. (13) The State Government has powers to suspend the resolutions passed by the Municipal Corporations as per section - 451(1). (14) The State Government has powers to dissolve Municipal Corporation in case of in competency Persistent or excess or abuse of Powers as per section - 452. (15) The State Government has powers to sanction the rules making additions and alterations to the schedules of the Act by the municipal corporations as per section - 454 and 455. (16) The State Government has powers to make rules for carrying out the purpose of this Act as per section - 456 (17) The State Government has framed the Bombay Provincial Municipal Corporations ( Reservation in the office of the Mayor) Rules 1995 and the Bombay Municipal Corporations ( Conduct of Election ) (Amendment ) Rules 1995.
THE GUJARAT MUNICIPALITIES ACT, 1963:
(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. (A) 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 (1) The Director of Municipalities is empowered under section 37(1)(a) to remove from office any Councilor of a Municipality. (2) The Director of Municipalities is empowered under section 37(1)(b)to remove from office any President or Vice-President of a Municipality. (3) The Director of Municipalities is empowered under section 37(A) to disqualify any Councilor for misconduct in the discharge of his duties. (4) The Director of Municipalities is empowered under section 38(4) to entertain appeals. (5) The Director of Municipalities is empowered under section 258(3) to entertain appeals of the municipalities. (B) The following powers have been delegated to the Director of Municipalities and Regional Director of Municipalities vide notification No.No.KV-193-91-GMA-1090-2951-M dated 31st July,1991 (1) 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. (2) The Director of Municipalities and Regional Director of Municipalities are empowered under section 82(2) for constituting the municipal fund. (3) 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. (4) 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. (5) 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. (6) 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. (7) 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. (8) 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. (9) The Director of Municipalities and Regional Director of Municipalities are empowered under section 101 (c) procedure preliminary to imposing tax. (10) The Director of Municipalities and Regional Director of Municipalities are empowered under section 102 to sanction, modify and impose conditions. (11) 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. (12) 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. (13) The Director of Municipalities and Regional Director of Municipalities are empowered under section 260 to prevent extravaginee in this employment of establishment. (14) 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. (15) The Director of Municipalities and Regional Director of Municipalities are empowered under section 263(2)(b) to appoint officer. |
