Section 91 in The Gujarat Municipalities Act, 1963
91. Discretionary functions.
- A municipality may, at its discretion, provide, either wholly or partly, out of the municipal property and fund for the following matters within the limits of municipal borough, namely:-A. In the sphere of public works-(a)giving relief to, and establishing and maintaining relief works in time of famine or scarcity for, destitute persons within the limits of the municipal borough;(b)constructing, establishing or maintaining, public parks, gardens, libraries, museums, lunatic asylums, halls, offices, shops, markets dharmashalas, rest-houses, places of entertainment and homes for the disabled and destitute and other public buildings:(c)the construction, maintenance, management, organisation or purchase of telephone lines, or for guaranteeing the payment of interest on money expended for the construction of a telephone line subject to the previous sanction of the Development Commissioner when the line extends beyond the limits of the municipal borough;(d)the construction, purchase, organisation, maintenance, extension and management of mechanically propelled transport facilities for the conveyance of the public;(e)laying out, whether in areas previously built upon or not, new public streets and acquiring the land for that purpose, and the land required for the construction of buildings or cartilages thereof to about on such streets;(f)planting and maintaining road-side and other trees;(g)the construction, maintenance, repairs, purchase of any works for the supply of electrical energy or gas;(h)the construction of sanitary dwelling for the poorer classes;(i)providing accommodation for all classes of servants employed by the municipality.B. In the sphere of education-(a)establishing and maintaining pre-primary schools such as balwadies balmandirs etc;(b)undertaking cultural activities;(c)making contribution by way of aid to pre-primary schools, secondary schools, institutions providing higher or technical education and institutions of educational societies;(d)establishing and maintaining secondary schools and institutions for higher or technical education;(e)making contribution to the funds of the local Self-government Institute;(f)undertaking measures for promotion of social and moral welfare of the population in the borough (including prohibition of consumption of intoxicants, and removal of untouchability);(g)establishing and maintaining gymnasia, playgrounds, theatres, libraries, reading rooms and other recreation centres.C. In the sphere of public health and sanitation-(a)arranging for the destruction or the detention and preservation of dogs which may be destroyed or detained under section 190 of this Act or under section 44 of the Bombay Police Act, 1951 (Bom XXII of 1951);(b)securing or assisting in the securing of suitable places for the carrying on of the offensive trades specified in sub-section (1) of section 221;(c)supplying, constructing and maintaining receptacles, fitting, pipes and other applications whatsoever, on or for the use of private premises, for receiving and conducting the sewage thereof into sewers under the control of the municipality;(d)establishing and maintaining a farm or factory for the disposal of sewage;(e)the setting up of dairies or farms for the supply, distribution and processing of milk or milk products for the benefit of the inhabitants of the borough;(f)promoting the well-being of municipal employees or any class of municipal employees and of their dependents;D. In the sphere of development-(a)constructing, altering and maintaining residential buildings for housing houseless persons;(b)encouraging formation of Co-operative housing societies and giving assistance to those societies in construction of residential buildings;(c)Undertaking manufacture of building materials and their distribution at fair prices;(d)undertaking schemes of slum clearance or re-development of any area.(e)[ the preparation of plans for economic development and social justice; [Clauses (e) and (f) were inserted by Gujarat 17 of 1993, section 17.](f)the performance of functions and the implementation of the schemes that may be entrusted by the State Government to it, including those in relation to the matters listed in the Twelfth Schedule to the Constitution of India.]E. In the sphere of administration-(a)any public reception, ceremony entertainment or exhibition within the municipal borough according to the rules made in this behalf by the State Government;(b)taking a census, and granting rewards for information which may tend to secure the correct registration of vital statistics.(c)making a survey;(d)paying the salaries and allowances, rent and other charges incidental to the maintenance of the Court of any stipendiary or honorary Magistrate, or any portion of any such charges.F. In the sphere of Agriculture and Co-operation-(a)promoting the idea of Co-operation in different walks of life and organising and encouraging Co-operative institutions;(b)with the previous sanction of the State Government reclaiming wasteland and bringing it under cultivation;(c)training the urban community in self-help and self sufficiency on the principle of mutual Co-operation;(d)starting of granaries;(e)constructing, altering and maintaining godowns, and depots for preservation of food grains and vegetables;(f)conservation of manorial resources, preparing compost manure, organic manure and mixture and to arrange for making them easily available;(g)establishing and maintaining nurseries for fruit bearing trees and vegetables and arranging for storage and distribution of the fruits and vegetables grown therein;(h)undertaking measures for improvement of agriculture, and cattle breed;(i)Assisting in establishment of large scale, small scale, cottage and craft industries.G. General-taking any measure not specified in the foregoing provisions of this section or in section 87 which is likely to promote the public safety, health, convenience, welfare or education.
