Section 263 in The Gujarat Municipalities Act, 1963
263. Power of State Government to dissolve or supersede municipality in case of incompetency, default or abuse of power.
(1)If, in the opinion of the State Government, a municipality is not competent to perform, or deliberately makes default in the performance of the duties imposed on it by or under this Act, or otherwise by law or exceeds or abuses its powers, the State Government may, after giving the municipality an opportunity to render an explanation, by an order published with the reasons therefore, in the Official Gazette, declare the municipality to be incompetent or in default, or to have exceeded or abused its powers, as the case may be, and may dissolve such municipality [******] [The words beginning with words 'or supersede it' and ending with the words 'Superseded under this Section' were deleted by Gujarat 17 of 1993, section 20(1) (i).][******] [This proviso which was added by Gujarat 3 of 1965, section 9(1) was subsequently deleted by Gujarat 17 of 1993, 20(i) (ii).](2)Consequences of dissolution. - When the municipality is so dissolved [****] [The words 'or Superseded' and 'or supersession' were deleted, by Gujarat 3 of 1965, section 20 (2) (a).] the following consequences shall ensue:-(a)all councillors of the municipality shall [****] [The words 'in the case of supersession as from the date of the order of Supersession, and' were deleted by Gujarat 17 of 1993, section 20 (2) (b).] in the case of dissolution as from the date specified in the order of dissolution, vacate their offices as such councillors;(b)all powers and duties of the municipality shall, during the period of dissolution [****] [The words 'or Supersession' were deleted by Gujarat 17 of 1993, section 20(2)(a).] be exercised and performed by such officer as the [Director] [This word was substituted for the words 'Development Commissioner' by Gujarat 6 of 1965, section 5.] from time to time appoints in this behalf;[***] [Clauses (c) and (d) were deleted by Gujarat 17 of 1993, section 20 (2) (c).](3)[ (a) Constitution of Municipality after dissolution. - An election to constitute a municipality shall be completed before the expiration of a period of six months from the date of its dissolution:Provided that where the remainder of the period for which the dissolved municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the municipality for such period;(b)A municipality constituted upon the dissolution of municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved municipality would have continued had it not been so dissolved.][******] [Sub-sections (4) and (5) were deleted by Gujarat 17of 1993, section 20 (4).]Explanation. - If for any reason the number of vacancies in a municipality exceeds two thirds of the total number of seats the municipality shall be deemed to be not competent to perform the duties imposed on it by or under this Act.
