The Gauhati Municipal Corporation (Amendment) Act, 1983
**Registered No. A«12**

## The Assam Gazette

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# EXTRAORDINARY

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**PUBLISHED BY AUTHORITY**

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ls« 129 tn’i’p p m w , 10 1933, 18 1905 ‘*rf

**No. 129** **Dispttr, M an ia,, 10th October, 1983, 18th A»vina,**

**1905 (S. E.)**

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GOVERNMENT OE ASSAM

**ORDERS BY THE GOVERNOR**

f . ..                     - ■ . . .                     - « i i . .■ . i                     -                     -

LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH

**NOTIFICATIONS**

y r ,:.- ,- -

The 10th October 1983

No. LGL. 108/83/46.—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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**854** **THE ASSAM GAZETTE, EXTRAORDINARY, OCT, 10, 1983**

ASSAM ACT NO. X OF 1983

**(Received the assent of the Governor on 8th October, 1983)**

### THE GAUHATI MUNICIPAL CORPORATION

(AMENDMENT) ACT, 1983.

An

**Act**

### to amend the Gauhati Municipal Corpo- ^1913^ [1] ration Act, 1969 (Assam Act I of 1973).

 Whereas it is expedient to amend the Gau­
 hati Municipal Corporation Act, 1969 herein­
 after called the principal Act, in the manner
 hereinafter appearing ;

 It is hereby enacted in the Thirty-fourth
 Year of the Republic of India, as follows:—

sstent ii>r< title, and 1. (i) This Act may be called the Gauhat?

sjmrnence- Municipal Corporation (Amendment)

uen t.

### Act, 1983.

/ .

### (ii) It shall have the like extent as the
 principal Act.

 (iii) It shall’be deemed to have come into
 force on first August, 1983.

mcnt \mend- of 2. In the principal Act, in Section 72, in sub-

Section 72         - section (6), the full stop appearing at
of Act I Assam of the end shall be substituted by a colon

1973. and thereafter the following proviso

### shall b.e inserted, namely :-

 \ "Provided that notwithstanding anything
 contained in the principal Act, during the period of supersession, appointments to posts carrying
 any salary shall be made by the Commissioner with the approval of the State Government."


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150 of sub-section (I), m the second proviso to

iA o?ni973Ct clause(b), for the figure "1951”, the

figure "1972” shall be substituted.

Amendment 4. In the principal Act, in Section 425,-

C
**425 ofAs°am(a) in sub-section (I), the full stop ".” appearing at**

Act i O[f the end of the ] existing proviso shall be sub-

1973- stituted by a colon and thereafter the

following shall be inserted as a second proviso,
namely

"Provided further that at any time before

the expiration of the period of supersession or the

extended' period' of supersession, as the case may
be, the State Government may, from time to

time, extend the period of supersession for such
period as may be determined, no such extension
exceeding one year at a time and the total

period of supersession not exceeding a continu­
ous period of three years

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

lowing shall be inserted as a new clause "(e)”,
namely :-

"(e) (i) Notwithstanding anything contained in

the principal Act, during the period of superses­
sion, the Commissioner shall sanction any esti­
mate or contract for a particular work the

fi

amount of which does not exceed twenty thous­
and rupees ;

(ii) If the amount of estimate or contract exceeds

twenty thousand rupees, the Commissioner shall
sanction the estimate or contract with the ap­
proval of the State Government.”

**Amendmentof** **Section** 5. In the principal Act, in Section 438 -

**438 of A ssam**

**Act** **I of**

**1973.**

(i) In sub-section (2), the full stop ".” appearing

at the end shall be substituted by a colon ” and

thereafter the following shall be inserted as a

new proviso, namely


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contained in the Act, during the period of superse­
ssion, an appeal shall lie before the State

Government against the decision of the Standing
Appeal Committee.”

(ii) After subjection (2), the following shall

be inserted as a new sub-section (3) nam ely:—

"(3) Notwithstanding anything contained in

the principal Act, the State Government may, at
any time, call for the records in any m atter from
the Corporation and give such order as may be
deemed necessary after examination of such

records. The order of the State Government, in

this regard, shall be final”.

**Amendment** 6. In the principal Act, in Section 444 for the

4 i 4 S anmf i2 u r e "1951”, the figure "1972” shall be sub- <

Act i of stituted.

**1973.** **‘**

**Repeals and** 7. (1) The Gauhati Municipal Corporation

**Savings.** (Amendment) Ordinance, 1983 is hereby

repealed.

. (2) Notwithstanding such repeal any , order

passed, notification' issued, anything done or any
action taken under the principal Act, as amended
by the Gauhati Municipal Corporation, (Amend­
ment) Ordinance, 1983 shall be deemed to have
been passed, issued done or taken under the

corresponding provisions of the principal Act as

amended by this Act. j • ,

D. (*. SARMA,

Secy, to the Govt, of Assam,

Judicial &’ Legislative Deptt.


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**No. LGL. 161/81/104.—The following Act of the Assam Legislative**

Assembly which received the assent of the Governor is hereby

published for general information.

ASSAM ACT NO. XI OF 1983.

**(Received the assent of the Governor on 8th October, 1983)**

THE ASSAM TRIBAL DEVELOPMENT AUTHORITY

ACT, 1983

**A»**
**Act**

**to provide for the setting** **up of a Tribal Development**

**Authority to accelerate development in the Plains Tribal**

**Areas of the State of Assam.**

Preamble. Whereas it is expedient to provide for the

setting up of a Tribal Development Authority to
accelerate development in the Plains Tribal Areas
of the State of Assam.

It is hereby enacted in the Thirty-fourth

Year of the Republic of India as follows :—

**Short title,** 1. (i) This Act may be called the Assam Tribal

**extent and**

   - **commence­** Development Authority Act, 1983.

**ment.**

(ii) It shall come into force on such date

s' as the State Government may, by noti­

fication in the official Gazette appoint.

(ii|) The Act shall apply to such area or

areas as the State Government may by
notification in the official Gazette

from time to time specify.

**Definition.** 2. In this Act unless there is anything repug­

nant in the subject or context:—

(a) "Authority” means the Tribal Develop­

ment Authority of Assam.

(b) "Government” means the State Govern­

ment of Assam.

(c) "Governor” means the Governor of

Assam.


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### Act.

 (e) 'MLA’ and 'MP’ mean the member of the
 Legislative Assembly of the State of Assam and the member of Lok Sabha or Rajya Sabha respectively.

 CHAPTER II

The setting 3. (1) The Government shall set up a
up Authority of the . Tribal Development Authority for the

and its com­ Plains Tribal Areas of Assam imme­
position. ' diately after the doming into force of

### this Act.

 (2) The Authority will be a corporate body
 with a perpetual succession and com­ mon seal.
 (3) The Authority, unless sooner dissolved,
 shall continue for five years from the date appointed for its first meetings :

 Provided that the said period may be exten­
 ded by the Governor by notification in the Official Gazette for a period not exceeding one year at a time.

i . ,

### 4. The Authority shall consist of the
 following:—■

 (1) (a) The Chairman of the Authority shall
 be the Chief Minister, Assam.

 (b) The Vice-Chairman shall be the
 Minister in-charge of the Welfare of Plains Tribes and Backward Classes
 Department.

 (c) All Plains Tribal M.L.As. and M.Ps.
 of the State representing the area in
 / ■ 7 ' '  ” ' . . ' ' which the Act is applicable.. '  ' ■ ■■ .  ' \  .


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**fl IE ASSAM GAZETTE, EXTRAORDINARY, OCT. 10, 1983** **859**

(d) 8 (eight) members to be elected as

provided in sub-section (2) of this

Section strictly by the limited voters
belonging to the Plains Tribal Com­
munities of the Gaon Panchayat

areas, or a part of the Gaon Pancha­
yat falling within the areas to which
this Act is applied.

(e) An officer not below the rank of a

Divisional Commissioner nominated

by the Government shall be the

M em ber-Secretary of the Authority.

(f) 5 (five) Ex-officio members nominated

by the Government from among the

officers of the Developmental Depart­
ments.

(g) Not more than two representatives

shall be nominated by the Central

Government.

(2) As soon as possible after the coming into

force of the Act, the Government

shall arrange to hold the elections for the
members to be elected as provided under

clause (d) above. The members of the

Gaon Panchayat or a part of the Gaon

Panchayat falling in the area to which

the Act is applied shall form the Elec­

toral College for the purposes. The pro­
cedure for the election shall be as laid

down by the Rules.

          - - • . , ■ • ^7 v[ ; ggg-j]

5. The tenure of the Vice-Chairman shall be

for a period of five years. The term s of the mem­
bers who are M LAs or M.Ps shall be coterminus
with their membership of the Legislative Assemb­
ly or Parliam ent as the case may be. The normal
term s of the members elected under Section 4(1)

(d) shall be for a period of five years.


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**860 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 10, 1983**

### 6. Notwithstanding anything contained
 herein before the Governor may from time to time reconstitute the Authority.

**Salary andallowances** 7. The Vice-Chairman (if nominated from
**of Vice-** members other than Minister) shall receive TA/
**Chairman.** DA as per rules and sitting fees as may be laid

### down by the Government.

 8. The non-official members of the Authority
 shall receive such TA/DA as per rules and sitting fees as the Government may decide :

. I

### Provided that the Government may, while
 deciding the sitting fees payable to MPs. and ML As., take into account the provisions of Arti­
 cle 102 and 192 of the Constitution of India and also those of Parliament (Prevention of pisquali- fication) Act. 1959 and such Acts of the State of Assam in respect of prevention and disqualifica­ tions of the.members of the State Legislature.

Resignation. 9. Aliy of the members of the Authority may

### resign his office by addressing a letter to the Chairman.

 ■ . - ......T

**members Removal of** **IV . H li n** **/ 1 \** The Government shall have the right
### to remove the Vice-Chairman (if nominated from the members other than the Minister) or any
 other member of the Authority before the expiry of his term op any one or more of the following grounds:—

 (a) On his refusal to serve in the Authority.

 (b) If he is incapable of holding the office
 due to disease or infirmity.

 (c) On absence from 5 (five) successive meet­
 ings of the Authority without suffi­
 cient reason. ............... ........ _ _

 (d) If he has misused his office.


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(e) If his retention in the Authority is other­

wise considered undesirable or against

the interest of the Authority.

(2) The order under sub-section (!) above

shall not be parsed until the Vice-Chairman or
member-concerned has been given an opportuni­
ty to show cause as to why the order should not
be passed.

(3) A person removed from the office under

sub-section (i) shall be disqualified from holding
any office under the authority for 5 years, com­
mencing from the date of such removal.

**Power to fill**
**vacancies.** 11. The Government shall have the power

to fill up the vacancies in accordance with the

provisions of the Act, in case of the office of Vice-
Chairman or a Member falls vacant due to

resignation; removal, death or any other cause

before the expiry of term of such Vice-Chairman
or members. The term of such Vice-Chairman or

members shall be coterminus with the expiry

of the term of the other regular members of the
Authority.

**Staff of theAuthority.** 12. The Authority may have such staff as

may be decided by the Authority with the ap­

proval of the Government.

CHAPTER III .

**Procedure for the meeting of** **the Authority**

**Meeting ofthe Autho­** 13. (1) The Authority shall meet at least once

**rity.** in three months provided that a meeting of the

Authority may be called by the Chairman at

shorter intervals if he considers it necessary.

(2) The Chairman or in his absence the

Vice-Chairman shall preside over the meeting of
the Authority. In the absence of the . Chairman

and the Vice-Chairman the members present

shall elect any member to preside over the

meeting.


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### (3) The notice for the meeting of the Autho­
 rity shall be issued by the Member Secretary and normally 10 days’ notice will be necessary unless the requirement is waived by the Chair­ man.

 14. The Chairman may ihvite such person
 to attend the meeting as he may consider neces­ sary but such invitees shall have no voting power.

Quorum. 15. (i) One-third of the total voting mem­

### bers of the Authority shall form a quorum for a meeting.

 (ii) In case the minimum number of the
 voting members forming a quorum are
 not present in a meeting, the meeting
 shall be postponed and reconvened after

 ■ giving 7 days’ notice. No quorum shall
 be necessary to transact any business of the reconvened meeting.

Functions ®f 16. (1) The Authority shall have the follow­
the Autho­rs y. ing functions :—

### (a) To prepare short-term and long-term
 plans for all round socio-economic deve­ lopment of the areas to which this Act is applied. "

 (b) To formulate schemes for the develop­
 ment of the area in the context and
 within the frame-work of the State
 Plans.

I /

### (c) To recommend such other measures as
 may be considered necessary for accele­ rating the development of the area.

 (d) To review the schemes for the develop­
 ment of the area and their progress from
 time to time.


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(e) To call for the reports relating to the

implementation of the development pro­
grammes in the area and to suggest

measures for co-ordination and supervi­
sion of the Schemes.

(2) The Authority may with the approval of

the Government set up such agency at

Sub-Divisional or block level as it may consider
necessary for the effective discharge of its func­
tions.

CHAPTER IV

**Fund of the Authority**

17. The Authority shall have its own fund

called "The Tribal Development Authority Fund”
into which all the sums received from the

Government for the development of the area

will be credited. The fund shall be non-lapsable.

18. The Government may frame rules

for maintenance of the fund and for regulating

the accounting procedure to be followed by the
Authority.         -

19. The Accounts of the Authority will be

subject to Audit by such agencies as the

Government may prescribe from time to time.

20. The Authority shail adopt its budget be­

fore the commencement of the financial year and
the budget will be operated with the approval

of the Government.

**Power to**
**borrow.** 21. The Authority shall have the power to

take loans from the Government on such

terms and conditions as may be agreed upon.

## X

**Submissiono f Annual** 22. Within 3 months of the expiry of each

**Report.** financial year, the Authority shall submit a re­

port to the Government indicating the activities,


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### revenue and expenditure' of the Authority during the course of the financial year.

submit Authority to re­ 23. The Authority shall submit reports and

ports, etc. furnish such figures and data as may be required

### by the Government.

 CHAPTER V

 Miscellaneous

Power of theState Gov­ 24. The Government shall have the

ernment to power to issue from time to time such directives

### issue direc- as it may consider necessary
to t h e Authority

### and the Authority shall carry them out.

 Authority01 25. The members, the staff and office bearers

and staff to of the Authority shall be deemed to be public

### slants. [lc] servants within the meaning of Section 21. of
 the Indian Panel Code.

 ofVinvJid n- 26. No Act or proceedings of the Authority
a

### tjon of Act shall be invalidated by reasons of any vacancy
 ing3.[P:o] ' [H] 'in the Authority, any defect in the composition &
 thereof or any irregularity in the procedure of the Authority.

 fcrlardone. 27. No Suit shall lie against any public ser­
 vant for anything done by him in good faith
 under the Act.

 makT rales. 28. The Goverhment shall have the
 power to make rules to give effect to the provi- sions of the Act as it may consider necessary:

 Provided that such rules shall be laid as soon
 as may be, after they are made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be com­ prised in one session or in two successive sessions, and it before the expiry of the session in which it is so laid, or in session immediately following.
 ■V

 /


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**THE ASSAM CUZSTTS. EXTRAORDINARY,** **O C T , > O ^ i w j** **§65**

### the Assail* Legislative Assembly agreed in mak­ ing any modification in the rule or the Assam
 Legislative Assembly agree that no rules should
 be made, the rules shall thereafter, have effect
 only in such modified form or be of no effect, as the case may be ; Provided that any such modifica­
 tion or annulment shall be without prejudice to the validity of anything previously done under
 the rules,

 Iweal aad 29 (1) The Assam Tribal Develop^anl^MV
 savisg,
m e n t [ Authority Ordinance, 19B3 is hereof im, ]

### by repealed.

 (2) Notwithstanding such repeal
 anything done or any action taken under the ordinance so repealed shall be deem­ ed to have been done or taken under the corresponding provisions of this Act,

D. C §AhMA,

Seey. to the Govt, of As§ams

Judicial & Legislative Depth

**OAVHATf •■“Printed and ptlblufWd by the Sapdt.** **_ilc., Assam_** **Go»t« PrintitJK**

**Frees (S»=Gasette)** **NtUS?—l sOOO+9()0— iO-KMMS.**


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