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State of Gujarat - Section

Section 6 in The Gujarat Municipalities Act, 1963

6. [ Municipality to consist of elected Councillors. [Section 6 was substituted for the original, by Gujarat 17 of 1993, section 7 w.e.f. 20-08-1993.]

(1)Every municipality shall consist of elected councillors.
(2)The number of such councillors shall be-
(a)21, in the case of a nagar panchayat;
(b)27, if the population of the municipal borough exceeds 25,000 but does not exceed 50,000,
(c)36, if the population of the municipal borough exceeds 50,000 but does not exceed 1,00,000,
(d)42, if the population of the municipal borough exceeds 1,00,000 but does not exceed 2,00,000, and
(e)51, if the population of the municipal borough exceeds 2,00,000.
(3)Out of the total number of seats of councillors in a municipality, there shall be reserved seats for Scheduled Castes, Scheduled Tribes, backward classes and women as follows, namely:-
(a)Seats shall be reserved by the State Government for the Scheduled Castes and the Scheduled Tribes in every municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the Scheduled Castes in that municipal area or of the Scheduled Tribes in that municipal area bears to the total population of that area and such seats may be allotted by different constituencies in a municipality in the prescribed manner.
(b)One-third of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(c)One-tenth of the total number of seats to be filled by direct election in every municipality shall be reserved for persons belonging to backward classes and one-third of the seats so reserved for backward classes shall be reserved for women belonging to the backward classes. Such seats may be allotted by rotation to different constituencies in the prescribed manner.
(d)One-third (including the number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes) of the total number of seats to be filled by direct election in every municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a municipality in the prescribed manner.
(e)The reservation of seats under clauses (a), (b) and (c) (other than the reservation for women) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India.
(4)The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission.
(5)Subject to the provisions of this Act, an election shall be held in accordance with the rules made by the State Government in that behalf.
(6)The State Election Commissioner shall be appointed within two months of the coming into force of the Gujarat Municipalities (Amendment) Act, 1993 (Gujarat 17 of 1993).
(7)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 functions conferred on it by clause (1) of article 243K of the Constitution of India.
(8)Notwithstanding any vacancy due to failure to elect the full number of councillors which under this section might be elected the municipality shall be deemed to be constituted on the date of its first meeting.Explanation. - For the purposes of this section,-
(a)"Scheduled Castes" means such castes, races of tribes or parts of or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Gujarat under Article 341 of the Constitution of India;
(b)"Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within such tribe or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under Article 342 of the Constitution of India, and
(c)"backward classes" means classes declared as Socially and Educationally Backward Classes by the State Government from time to time.]
(3)Election of Councillors