The Gauhati Municipal Corporation (Amendment) Act, 1979
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# The Assam Gazette

'■V W                         - -

**EXTRAORDINARY**

**PUBLISHED BY AUTHORITY**

«r 123 W 'T ’. 1.1 ct, 1979, 21 <r^td, 1901 -R

**No. 123** **Dispar, Friday, 11th May, 1979, 21st Vaisakha,**

**1901 (S. E.)**

**GOVERNMENT OF ASSAM**

**ORDERS BY THE GOVERNOR**

LEGISLATIVE DEPARTMENT

**(** **’** **’ '** **NOTIFICATION**

The 10th May 1979

**No. LGL. 46/79/36.—-The following Act of the Assam.**

Legislative Assembly which received the assent of the

Governor is hereby published for general information.


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760 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 1979

ASSAM ACT XI OF 1979

**(Received the assent of the Governor on 6th May, 1979)**

THE GAUHATI MUNICIPAL CORPORATION

(AMENDMENT) ACT, 1979

**An**

**Act**

### further to amend the Gauhati Municipal Corporation Act, 1969.

**Preamble.** Whereas it is expedient further to Assam Act 1

amend the Gauhati Municipal Corpora- [of 19 3]‘

tion Act, 1969, hereinafter called the

principal Act, in the manner hereinafter

appearing ;

It is hereby enacted in the Thirtieth Year of

the Republic of India as follow s:—

**Short title,** 1. (1) This Act may be called the Gauhati
**extent and** Municipal Corporation (Amendment) Act, 1979.
**commence­**

**ment.**

(2) It shall have the like extent as the

principal Act.

(3) It shall come into force at once.

**Amendment** 2. In the principal Act, in Section 1, in sub­
**of Section 1of Assam** section (1), at the end of the title of the Act, the

**Act I of** figure "1971” shall be substituted bv the figure

**1973.** "1969”.

**Amendment** 3. In the principal Act, in Section 2, in sub-
**of Section 2**

**of Assam** section (1),

**Act I**

**of 1973.**

(i) the comma appearing at the end of

the figure "1956” shall be substituted by
the word "and” ;

(ii) the words and figures "the Panchayat Act,

1959 and the Assam Town and Country

Planning Act, 1959” shall be substituted
by the words and figures "the Assam

Panchayati Raj Act, 1972” ;


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(iii) at the end of the existing sub-section

the following sentence shall be added,
namely :—

"The Assam Town and Country Planning

Act, 1959 shall apply and be in force

within the territorial limits of the Cor­

poration with effect from the date of

coming into force of the Gauhati Muni­
cipal Corporation (Amendment) Act,

1979”.

**Amendment**
**of Section 5** 4. In the principal Act, in Section 5, in sub-

of Aa **tssam section (1),v** / >

**1973.**

(i) existing clause (a) shall be substituted by

the following, namely :—

"(a) There shall be one Councillor for a

minimum of every seven thousand five
hundred population subject to a m axi­
mum num ber of sixty Councillors for
the Corporation”;

(ii) in the existing first proviso of clause (a),

the word "five” shall be substituted by

the word "four”;

(iii) in the second proviso of clause (a), the

word "five” shall be substituted by the

words "two and a half”.

**Amendment** 5. In the principal Act, in Section 11,
**of Section 11**
**of Assam**
**Act I of** (i) in sub-section (1), the words "the M ayor”

**1973.**

appearing between the words "or” and

"m ay” shall be substituted by the words
"any Standing Committee”;

(ii) in sub-section (2), the word "could” ap­

pearing between the words "therew ith”

and "be prejudicial” shall be substituted
by the word "would” ;


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(iii) in sub-section (2), the word "Commis­

sioner” appearing twice, first between

the words "of the” and "or of” and

secondly between the words "by the”

and "or the” shall be substituted by the
word "Corporation” and the word "Com­
missioner” appearing between the words
"to the” and "whose” shall be substituted
by the word "Government”.

**Amendmentof Section 17** 6. In the principal Act, in Section 17, in
**of Assam** sub-section (2), the existing proviso shall be
**Act I of1973.** substituted by the following, namely :—

"Provided that no letter shall be sent to the

Government by the Commissioner without send­
ing a copy thereof to the Mayor on receipt of
which the Mayor may furnish his views, if any,
to the Government.”

**of Section 19Amendment** 7. In the principal Act, in Section 19, in
**of Assam** sub-section (3), the words "other than preroga­
**Act I of1973.** tives of the M ayor” preceded and followed by

comma, shall be inserted in between the words
"functions” and "to”.

**Amendment**
**of Section 72** 8. In the principal Act, in Section 72,
**of Assam**
**Act I of**

**1973.** (i) in sub-section (2), the words "two hund­

red and fifty” appearing between the

words "not below” and "rupees” shall be
substituted by the words "five hundred” ;

(ii) in sub-section (3), the words "two

hundred and fifty” appearing between

the words "not below” and "rupees”

shall be substituted by the words "five

hundred” ;

(iii) in sub-section (5), the word "three” ap­

pearing between the words "exceed” and
"m onths” shall be substituted by the
word "four” ;

(iv) in sub-section (6), the words "two hund­

red and fifty” appearing between the

words "is below” and "rupees” shall be

substituted by the words "five hundred”.


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Amendment of Section 73 9 In the principal Act, in Section 73, after

of Assam sub-section (1), the following shall be added as
Act 11973. of new sub-section (IA), namely :—

"(IA) Whenever a Corporation is superseded

under Section 425 of the principal Act, the

office of membership held by the two Councillors
under clause (c) of the preceding sub-section

shall be held :—

(i) when only one person is appointed as

administrator, by such administrator and
the Commissioner of the Corporation;

(ii) when a council of administrators is ap­

pointed with only two persons, by these
two administrators ;

1

(iii) when more than two persons are appoint­

ed as council of administrators, by such
two of them as may be selected by the

council of administrators in a meeting”.

Amendment 10. In the principal Act, in Section 74, in

°[f]ofAJsam74sub_ s e c ti0 n (3), in the proviso, the words "not

Act i of appointed by the Commissioner” shall be subs-

197?i tituted by the words "the maximum of whose

scale of pay is not below five hundred rupees”.

Amendment 11. In the principal Act, in Section 75,
of Section 75

of Assam
Act i of (i) in sub-section (1), the word "rules” ap­

pearing in between the words "in the”

and "to be” shall be substituted by the

word "regulations” ;

(ii) sub-section (2) shall be substituted by

the following, namely:—

"(2) (a) In the case of a Municipal Officer or

staff the maximum of whose pay scale does not
exceed one thousand rupees per mensem, an

appeal shall lie to the Standing Finance Com­

mittee ;


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(b) In the case of Municipal Officer or

staff the maximum of whose pay scale exceeds

one thousand rupees per mensem, an appeal

shall lie to the State Government.”

o^Sectbn"[1] 12. In the principal Act, in Section 120, in

120ofAssamsub-section (2), in between the words "printed”

Ac^[1 of] and "copy” the words "or, in the alternative, a

cyclostyled” shall be inserted.

**Insertion o.** 13. In the principal Act, after Section 309,
**new Section**

**309A in** the following shall be added as new Section 309A,

**Assam Act** namely :—
**I of 1973.**

"309A. Subject to the provisions of the

Cattle Trespass Act, 1887, the Corporation may

establish and m aintain pounds within the city

for all kinds of animals.”

Amendment 14. In the principal Act, in Section 315, the

°]5Se0cftion fullstop appearing at the end of clause (c),

.vsamAct shall be substituted by the semicolon and word

1 et ,973- " ; or” and thereafter the following shall be ad­
ded as new clause (d), namely

"(d) may firm out any municipal m arket or

pound either by auction or by tender for a
period of one year only :

Provided that extension for a total period

not exceeding one more year may be granted in
exceptional circumstances for reasons to be re­

corded.”

## BE** '

**Amendment** 15. In the principal Act, m Section 337, in
**of Section** sub-section (3), the words "thirty days” appear-

**Act I of337 of Assam** ing in between the words "expiry of” and "the
**1973.** Commissioner” shall be substituted by words

"seven, days”.

Amendment Jn the principal Act, in Section 425,

425[S] of A°ssam(i) i n sub-section (1),
Act I of 1

1973, (i) at the end of the first proviso, the colon

"(:)” shall be substituted by a fullstop "(.)” ;


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 1979 765

(ii) the second proviso shall be deleted;

(iii) in sub-section (2), after clause (b), the

following new clause shall be inserted as

clause "(bb)”, namely :—

i

"(bb) The person or persons so appointed

under the preceding clause shall also exercise

and perform, as far as may be, the powers and
duties of various Standing Committees and Joint
Committees under the provisions of this Act and
for the purpose of such exercise such person or
persons shall be deemed to be the respective

Standing Committee or Joint Committee, as the
case may be, within the meaning of this Act.”

ofmFounhnt 17. the principal Act, in the Fourth

Schedule of Schedule,

**Assam Act**

(1) in the entries bearing serial number 10

in the third column, for the word "Do”, the words

"as may be fixed from time to time subject to a
maximum of three thousand rupees” shall be

substituted;

(2) in the entries bearing serial number 11,

in the third column, for the word "Do”, the words

"two hundred and fifty rupees” shall be substi­
tuted ;

(3) the entries bearing serial numbers 26,

39, 56 and 76 shall be deleted.

U. TAHBILDAR,

Secy, to the Govt, of Assam,

Legislative Department.

**Gauhati—Printed and published by the Supdt.** **[:]** **/c.. Assam Govt. Printing Press,**

**(Ex-Gazette) No. 245—850+500+25—11-5-1979.**


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