Section 271 in The Gujarat Municipalities Act, 1963
271. Municipalities to make rules.
- A municipality shall make rules not inconsistent with this Act and the rules or orders made by the State Government under this Act, and may from time to time alter or rescind them-(a)regulating the conduct of its business and the delegation of any of its powers or duties to any committee or to the Chief Officer or subject to the provisions of section 54 the powers or duties of any committee to any other committee or to the Chief Officer and the appointment and constitution under section 55;(b)prescribing the limitations and restrictions subject to which the Pilgrim committee shall exercise the powers and perform the duties of the municipality in respect of the Pilgrim Fund;(c)Defining the functions of the president and others. - determining the executive functions to be performed by the president, vice-president and the chairman of any committee;(d)Establishment. - determining the staff of officers and servants to be employed by the municipality and their powers and duties;(e)General guidance of municipal servants. - generally for the guidance of its officers and servants in all matte5rs relating to the municipal administration;(f)Amount of security. - fixing the amount and nature of the security to be furnished by any officer or servant from whom it may be deemed expedient to require security;(g)Mode of appointing etc., municipal servants. - determining subject to the limitations imposed by sections 47 and 50 the mode and conditions of appointing, punishing, or dismissing any officer or servant; and delegating to officers designated in the rules the power to appoint, fine reduce, suspend or dismiss any officer or servant;(h)Leave to municipal servants. - regulating the grant of leave to its officers or servants, and fixing the remuneration to be paid to the persons, if any, appointed to act for them, whilst on leave;(i)Pensions, etc. - regulating the period of service of its officers and servants and determining the conditions under which such officers and servants or any of them shall receive pensions, gratuities, or compassionate allowances on retirement or discharge from service or on their becoming disabled through the execution of their duty, and the amount of such pensions gratuities or compassionate allowances and prescribing the conditions under which any gratuities or compassionate allowances may be paid to the surviving relatives of any such officers or servants whose death has been caused through the execution of their duty;(j)Provident funds.authorizing the payment of contributions at such rates and subject to such conditions as may be prescribed in such rules, to any pension or provident fund which may be established by the municipality or, with the approval of the municipality, by its officers and servants;(k)enabling such officers or servants who are subscribers to any provident fund to exercise the option of joining any pension fund established as aforesaid, either retrospectively or prospectively, on such terms and conditions as may be specified in the rules and providing for the manner in which the amount of contributions made to the provident fund by such officers or servants and the municipality and standing to the credit of such officers or servants on the date on which the option is exercised shall be dealt with;(l)Prescribing taxes. - prescribing the taxes to be levied in the municipal borough for municipal purposes, the circumstances in which exemption will be allowed, [***] [The words 'the conditions on which and the extent to which remissions will be granted, and the system on which refunds will be allowed and paid, in respect of such taxes' were deleted by the Gujarat Municipalities (Amendment) Act, 2007, section 13.]; the limits of the charges or payments to be fixed in lieu of any tax under section 119, the fees to be charged for licences or permissions granted under section 118 and for giving copies and stamping weights and measures; the fees for notices demanding payments due on account of any tax and for the issue and execution of warrants of distress and the rates to be charged for maintaining any live-stock distrained; and the time at which and the mode in which such taxes, charges, payments, fees or rates shall be levied or recovered or be payable and the persons authorised to receive payment of the same and the manner in which auctions of moveable and immovable properly under section 134 shall be held;(m)Writing off amounts due. - prescribing the conditions subject to which sums due on account of any tax or of costs in recovering any tax may be written off as irrecoverable and the conditions subject to which the whole or part of any fee chargeable for distress may be remitted by the executive committee:Provided that-(a)Approval required to rules:-no rule or alteration or rescission of a rule made under this section shall have effect unless and until it has been approved by the State Government;(b)Officers transferred from or to the service of the Government:-if an officer serving or having served under a municipality has been, or is transferred from or to the service of the Government or is partly employed by the Government and partly by a municipality, the municipality shall make such contributions of his pension and leave allowances as may be required by the conditions of his service under the Government, to be made by him or on his behalf.(c)Notice required in certain cases of dismissal. - a municipality shall not, unless with the assent of the Government dispense with the services of any officer transferred from the service of the Government to the service of the municipality or employed partly by the Government and partly by the municipality, or finally dismiss from the service of the municipality any officer transferred from the service of the municipality, to the service of the Government without giving the Government six months' previous notice.
