The Assam Municipal (Amendment) Act, 1994
xjajtRi

## THE ASSAM GAZE[T] T [r]

«jsn4fT^«f

##### EXTRAORDINARY

 PUBLISHED BY AUTHORITY

 50 fjpfsvr, w ire, ctT 19947 1916 (»f^)

# i * _No. 50 Dispur, Friday, 6th May, 1994, 16ih Vaisakha, _____________________ _1916 (S.E._ i ~  ------------------ ------------

##### GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH

 NOTIFICATION

 The 6th May, 1994

 No. LGL. 70/93/106-A.—The following Act of the Assam
 Legislative Assembly which received the as ent of the Governor is hereby published for general information.


-----

##### 690 THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 199

 ASSAM ACT NO. XIX OF 1994

 ( Received the assent of the Governor on 5th May, 19 94 )

THE ASSAM MUNICIPAL (AMENDMENT) ACT, 1994

##### AN

 Act

further t o amend the Assam Municipal Act, 1956.

##### Preamble. Whereas it is expedient further to amend [A]^.y[m] Act

o

##### the Assam Municipal Act, 1956 hereinafter 1957.°
 referred to as the principal Act in
 conformity with the Constitution (Seventy­ fourth Amendment) Act, 1992, in the
 manner hereinafter appearing ;

 It is hereby enacted in the Forty-fifth Year of
 the Republic of India as follows

extent and 1- (1) This Act may be called the Assam Muni-

**commence.** **c j** **p a ]** (Amendment) Act, 1994

**rient.**

(2) It shall have the like extent as the principal

Act.

(3) •. It shall come into fo. gp at once.

**mendmen** 2. In the principal Act in section 3, after Clause (43),

**uf sectiotn**

the following Clauses shall be inserted, namely            -

(44) "Committee” me ns a Committee constituted

under Article 243 S of the Constitution.

(45) "Nagar Panchayat” or "Town Committee”

means a Local Self Governing Body constituted
for a transitional arga as defined in Article 243

Q (2) of Hie Constitution.

(46) "Director” mea” the Director of Municipal

Administration appointed by the Government


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 691

of Assam for performing the functions and exer­

cising powers provi< ed in this Act ;

(47) "State Finance Commission” means the Fi­

nance Commission constituted under Article

243—I of the Constitution of India.

(48) 'State Election Commission” means the Elec­

tion Commission constituted by the Government

of Assam and as referred to in Article 243 ZA of
the Constitution of India.

,^ectioT?i. 3         - [I n] the principal Act, in section 11,—

(1) Sub-section (2) shall be substituted as follows :—

"(2) The State Government may appoint persons

having special knowledge or experience in

Municipal Admin stration as members who

shall have the righ f0 attend and speak at all

meetings of the Be a rd but shall have no right

to vote. Such pers< ns shall not be deemed to be
Commissioners foi the purposes of *this Act”.—

(2) Sub-section (3) shall be substituted as follows,

namely :—

' (3) (a) The Member of the House of the People

and the Legislative Assembly of the State of

Assam representing the Constituencies which

comprise fully or partly the Municipal Area,

shall be the Ex-C fficio Members of the Board.

(b) The Members of the Council of States regis­

tered as Elector w thin the Municipal area shall

be the Ex-Officio Members of the Board.

(c) Chairman of the Ward Committee constituted

under section 48.

(d) Reservation of seats in every Municipality for

the Scheduled Ca tc-s and the Scheduled Tribes
and the number o sea*s so reserved shall bear


-----

692 THE ASSAM GAZETTE, EXTRAORDINARY, M a y , 6, 1994

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 Cartes in the Municipal area or
the Scheduled Tribes in the Municipal area

bears to the total population of that area as per
the latest census figures and such seats may

be allotted by rotation to different constituen­
cies in a Municipality :

Provided that not less than one third of the total

number of seats reserved under this sub-section shall be

reserved for women belonging t o the Scheduled Castes

or as the case may be, the Scheduled Tribes:

Provided further that n o t i e s s than one-third (in­

cluding the number of seats reserved for women belong­

ing to the Scheduled Castes a n d the Scheduled Tribes)          -

of the total number of seats t o be filled by direct election
m any Municipality shall be reserved for women and such
seats may be allotted by rotation to different Constituen­
cies in a Municipality:

Provided further that reservation of seats for the

Scheduled Castes and Scheduled Tribes in the Munici­

palities and Town Committee shall continue for so long

as special representation fn? the Scheduled Castes and

the Scheduled Tribes continue to be provided for in the

Constitution of India”.—

Amendmen 4. In the principal Act, in section 15,—
oi *ect on !5

(1) after clause (viii), the 'oilowing new clause <ix)

shall be inserted, namely:—

"(ix) if he is so disqua.ified by or under any law

for the time being in force for the purpose of elections to
th e State Legislature.

or

If he is so disqualified by or under any law made

by the State Legislature for this purpose’

(£) The existing provis shall be renumbered as

sub-section (1) and after sb renumbered the following


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 693

sub-section (2) shall be mser te d i i a mely

(2) If any question arise s a s [ t] o [ whether a Commi­]

ssioner has become subject a n y disqualifications

mentioned in clause (i) o [f ] sub-section (1)

the question shall be referr^ f o r determination to the

District Judge of the District w [hich ] the Municipality

is located.”

of section 24 5 ' P[r] i[n] cip[a] l Act, se c ^ o n 24 shall be deleted.

**Amendment**
**of section 25.** 6. In the principal Act, in section 25,

(1) sub-section (1) shall be substituted as follows :—

'’(1) Every person who js elected to be Commis­

sioner of the Board or who become Commissioner of the
Board by virtue of office, shap before taking his seat at

a meeting of the Board first attended, make an oath or
affirmation of his allegiance to the Union of India in the
following form, namely

"I.A.B., having been elected/ Ex-officio Com­

missioner of this Board do swear in the name of

God or solemnly affirm that I will bear true faith and
allegiance to the Constitution of India as by Law establi­

shed, and will faithfully discharge the duty upon which

I am about to enter.”

(2) In sub-section (2), the words, "or appointed”

occurring between the words "been elected” and "a com­
missioner” shall be deleted.

Amendment 7 j n ^he principal Act, in section 26, the provisions
>f secimn 26.shall be substituted as follows :—

"26 (1) Every Munici) Edify unless sooner dissolved

under section 298, shall continue for five years from the

date of first meeting of newly constituted Board after a
general election at which aiorum is present”.—


-----

694 THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994

(2)An election to constitute a Municipality shall be

completed—

([a] ) before the expiry of its duration specified in

sub-section (1);

i (b) before the expiration 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 shal not be necessary to hold

any election under this section for constituting the Muni­
cipality for such period. „

(3) A Municipality constituted upon the dissolution

of a Municipality before the expiration of its duration

shall continue only for the remainder of the period for

            - hich the dissolved Municipality would have continued

under sub-section (1) had it not been so dissolved.”

(4) If the term of the office of the Commissioner ex­

pires and for any reason the election cannot be held, the
Board shall be deemed to have been dissolved under

section 298 with effect from the date of expiry of the

term and thereafter the provision of section 299 shall

apply.”

oYsecHcn*27. I n principal Act, in section 27, sub-section (1)

shall be deleted.

of^ectfanTs' 9 ' principal Act, in section 28, sub-section (1)

'shall be deleted.

o™ecri™-.[e]32 1 0 ’ P[r] i[n c] iP[a] l Act, in section 32, the existing

provision shall be substituted as follows:—

"32. If the electorate in any Municipality fails

within the prescribed time to elect the number of Com­

missioners to constitute the Board in accordance with

the provision of section 11, the election to elect the Com-
mhs’pner shall be held again on any date and time to be
decided by the State Election Commission.”


-----

**Amendment** j n the principal Act. in section 33, sub-section (1)

**of section 33.** **.**
shall be substituted as follows :—

"(1) The State Government shall, by notification

determine from time to time as to which of the Munici-
paljties and Town Committees shall have Seheduled Castes,
Scheduled Tribes or Women as Chairman. The percen­

tage of Municipalities and Town Committees with the

Scheduled Cartes and the Scheduled Tribes as Chairman
will be broadly in conform ty with the percentage of

population of the Scheduled Castes and Scheduled Tribes
Communities in the State a per the latest census figure
and in respect of women, irrespective of the Scheduled

Castes and Scheduled Tribes the number of women

Chairman will be approximately 30 percent of the Muni­
cipality, and Town Committees. The Municipality and

Town Committees having women as Chairman shall be so

rotated that this percentage is preserved:

"Provided that the reservation of Office of Chair­

man in the Municipalities and Town Committees for

the Scheduled Castes and the Scheduled Tribes (except

women) shall continue for so long as the special repre­

sentation for the Scheduled Castes and Scheduled Tribes
continue to be provided foi[-] in the Constitution of

India.”

Amendment ^2. In the principal Act, section 34 shall be substi-
£>f section 34 _r_ _i -_ _>_

tuted as follows :—

"34. Except as otherwise provided in this Act every

Chairman and every Vice-Chairman shall hold office fronj

the date of his election to the date of the election of the
Chairman of the Board after the next general election

including the former but excluding the later of these dates
and shall be eligible for re-election ”

**Amendmen t** **] $ fn** the princmal Act. ?n proviso to section 40 the

**of section 40.** **,**

**WO-rds,** bv appointment or” occur ho between the words

''filled up” and "by a fresh’ shall be deleted

**Amendment** '-^[e] Principal Act. in section 41, sub-section (1)

of section 41. shall be substituted by the following :—


-----

”(1) If any Chairman or Vice-Chairman of a Board

be unable to complete his full term of office cr avails

himself of leave granted under section 40, the vacancy

caused by his resignation, removal, death or absence on

leave shall be filler! up by election and the person be

elected shall fill such vacancy for the unexpired portion

of the term for which such Chairman or as the case may
be, Vice-Chairman would otherwise have continued in

office:              -

_ -                                                                                             -                                                                                             -                                                                                             - i t                                                                                             -

Provided that no person appointed under sub-section

(2) of section 11 shall be elec ted as the Chairman or Vice-

Chairman.”

of'sectfonT?^ 15- t ^i e Pr in c i? a l Act, in section 43 A,—

(1) In the proviso, the words, "the Commissioner”

occuring between the words "Town Committee” and s

"may on” shall be substituted by the words "The Dire­
ctor of Municipal Administration”.

                                   - <; e

(2) After the first proviso, the following proviso

shall be inserted :

"Provided further that the annual budget of the

Board passed in the meeting of the Board shall be

approved by the Director of Municipal Administration

within 31st, March of the preceding year”.

insertion of jg i n the principal Act, after section 48 the following

48A.[SeCtl]°[n] new Section as "48 A” shall be inserted, namely :—

"48 A. (1) There shall be constituted Ward Com­

mittee consisting of one or more wards but not more

than four within the territorial area of a Municipality

having a population of 3 (three) lakhs or more.

(2) The territorial area of a Ward Committee in the

Municipality shall be contiguous to each other. The area


-----

of such Ward Committee shajj be notified by the State

Government within three months from the d'ate of re­

ceipt of proposals in this regard from the concerned

Municipal Board.

(3) The total number of members of each such Ward

Committee shall not be more than eight consisting of four
Ward Commissioners and four other representing in­

terest groups, leading citizens of the concerned Ward

who may be nominated by the Deputy Commissioner of
District in which the Municipality is located.

(4) The Chairman of the Ward Committee shail

be elected from amongSf the elected members of the

Ward Committee.

(5) The Ward Committee Will mainly look after

the needs of the residents in more intimate manner mak-
ing it unnecessary for the residents to go to the Muni­
cipality.

(6) The decision of the Ward Committee with regard

to election of schemes for development in the area

shall be bind'np — ’’m part of the Municipality while

such schemes are taken up for execution by the Board
subject to Budget provision.

(7) The tenure of Ward Committee shall be co-ter-

minus with the tenure of the Municipal Board and on dis­
solution of the Municipal Board the Ward Committee

shall automatically stand dissolved”.

Amendment 17. In the principal Act, in section 58, in sub-sec-

**of section58^.^** after clause (c) anew clause shall be inserted as

clause Id), namely :—

vfifn bY        - d

'•(d) Air such sums as the State Government may

sanction as grants-in-aid from time to time subject to

such terms and conditions as may be specified.’

-eq . . ;

**Amendment** ^g j principal Act, in section 60, (1) in sub-sec-

tion (1), clause (a) and (b) shall be substituted as

follows : —


-----

698 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994

#### "(a) Firstly, such sum as may be required to
 meet the charges of its own establishment inclu­
 ding in the case of Government Officers whose ser­
 vices are wholly or partly employed by the Board,
 the payment of such contribution to the pension,

##### gratuity, provident fund and leave allowances

#### may be required by the conditions of their servi­ ces under the Government to be made by them
##### or on their behalf ;

#### (b) Secondly, such sum as may be required
 for the payment of, and the payment of interest on, or any loan incurred under the provisions of any lav

 (2) In sub-section (2), for the words "Commr
 ssioner of Divisions” occuring between the words
 'sanction of the” and the words "outside the *
 Municipality” the words "Director of Municipal Administration” shall be substituted.
##### ¥

 Amendment 19. [I n t h e] principal Act, in section 61, for the
 of «ection 6iwords ’five hundred rupees”, occuring between the

#### words "not above” and "shall be signed” by the
##### words "five thousand rupees” shall be substituted.

#### Am ndment 20. In the principal Act, in section 148,—

**of lection 148**

#### (1) subjection (1) and (2) shall be substitu­
 ted as follows.—

----------- -                                    - - - - -                                    - a \ (

#### "(1) The Board, if decided in a meeting, may
 use their own land or land with building or land purchased, taken on lease or otherwise acquired
##### with or without building for the purpose of esta­
#### blishment of a Municipal Market, Bus Stand, Truck Stand, Taxi Stand, Auto Stand and Parking yard for improving any existing Municipal Mar­ ket, Bus Stand, Truck Stand, Taxi Stand, Auto- Rickshow or Rickshow Stand and Parking Yard.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, jjA Y 6, 1994- 699

#### (2) The Board, if decided at a meeting may
 levy rent, tolls and fees at such rates as it may think proper for the right to expose goods for sale
 in a Municipal market and for the use of Shops,
 Stalls and Standings therein and also in respect
 of parking lots and may also regulate such rates
 in respect of private markets or places used or de­ clared by the Board as a market place, parking lot by public notice In the locality.”

 (2) In sub-section (3) tKe words "and parking
 lots” shall be inserted in between tlie words
 'Municipal market” and "at the rates.”

k ’" ...... . i

#### (3) In sub-section (5), for the word "fifty”
 occuring between the words "extent to” and
 "rupees”, the v o;ds, "two thousands, shall be
 substituted.

 (4) In sub-section (7), for the word "fifty”
 occuring between the words "not exceeding” and "rupees” the words "two hundred” shall be
 substituted. .

**Amendtunentof** **section** 21- In the principal Act, in section 293, the

**293.** words "The Director of Municipal Administration”

#### shall be inserted in between the words "The
 Deputy Commissioner” and "The Sub-Divisional
 officer”.
r

#### ofinCs<d“ion 22- [I n th e] Principal Act, in Section 296, the 296. words "The Director of Municipal Administra­
 tion” shall be inserted in between the words, "The
 Deputy Commissioner” and "The Additional
 Deputy Commissioner”.

 of 2 3‘ Principal Act, in section 296 A,
 296A- '’ in'sub-section (1), between the words "the Depu­
 ty Commissioner” and "shall see that”, the words "The Director of Municipal Administration” shall be inserted.


-----

###### 24. In. the principal Act, in section 298, the
 298. [e ] u1' existing provision shall be substituted as follows '■

 "298, Power to dissolve the Board in case of
 incompetence, defaults or abuse of power —

 If, in the opinion of the State Government,
 any Board is not competent to perform or persis­ tently makes default in the performance of the
 dunces impd'sed on the Board by or under this Act or otherwise by law or exceeds or abuses it's
 power rr m the event ‘Of failure on the part of
 the Bfi'e'rd to p: Ovide such services as
 the State Government may, by notification in the Official Gazette, declare to be the essestial Servi­ ces, the State Government after giving the Muni­ cipal Board a reasonable opportunity of being
 heard, may by notification, stating the reasons for
 so doing, declare such Board to be incompe-
 /tent or in default or to have exceeded or abused
 its power as the case may be. and dissolve the Board and hold election within a period of six
 mpnths from the date of dissolution.”

 Snbstiuiioi 25. In the principal Act, section 299 shall be

<f seCi299. substituted aS follows namely : —

###### Co.isequ .'xe "299. When an order of dissolution has been
 ordisw.uuo ) passed under section 298, the following consequen­
 ces shall ensue:—
 (a) all Commissioners of the Board shall, as
 from the d^te of the order of dissolution, vacate their offices as such Commissioners ;
 , . (b) all powers and duties which under this
 Act may be exercised anci performed by the Board whether at a meeting or otherwise shall, during
 the period of dissolution he exercised and perfor­ med by such person as the State Government
 may direct till Commissioner and Chairman are elected :

 Provided that ’the officer so appointed after
 dissolution of the Board shall obtain prior appro­ val of the Director of Municipal Administration


-----

THE ASSAM GAZETTE, EXTRAORDINARY..

##### v
 on the matter on which but for the dissolution,
 the decision of the Board is necessary.
 (c) all properties vested in such Board shall
 during the period of dissolution vest 'in the State Government.”
 ofTecVn'ioi 26. In the principal Act, in section 301, the
 clause (vii) fl) of the sub-section (2) shall be deleted.

Amendment of section 27- In the principal Act, section 335 shall be
335. substituted as follows

##### "335, (1) There shall be established for each
 of the area notified under section 334 (1) (defined as transitional area in article 243 of the Constitu[-]
 tion of India) a Committee for the purposes of clauses (a) and (b) of sub-section (1) of section 336 consisting of such number of members as may fix by the State Government from time to time.
 (2) A Committee established under this
 section shall be called a Town Committee.”

Amendment 28. In the principal Act, in Section 336, in
of section
336. clause (d) of sub-seotion (1) the figures "11 (2),

##### 11 (3), 12 and 13” shall be inserted in appropriate places.

**Schedule-I.Deletion of** 29. In the principal Act, the Schedule I shall

##### be deleted.

Repeal and 30. (L The Assa-[11] Municipal (Amendment) Assam Or di.
»avingt OrdinancC) 1994 js hereby repealed- nance VJTof 1994-No

(2) Notwithstaolmg such repeal, any order passed, ratifi­

cation frsued, anything done or any action taken under the
Ordinance so repealed shall be deemed to h w e been passed,
issued, done or taken under the corresponding provisions of the
principal Act as srrended by this Act.

##### K- LASKAB,

###### Secretary to the Govt- of Assam,
 Legislative Deparlment.

GUWAHATI -Printed & Published by the Dy. Director (P) Diretorate of

Ptg. & Sty. Assam, Guwahati 21 ("x-Gazette) No. 99-1,005-5,000-6-5-94.


-----

