The Assam Municipal (Amendment) Act, 1965
The 13th May 1967

ASSAM ACT II OF 1966

**^Received the** **assent o f the Governor on the 8th January, 1966)**

TI-IE ASSAM MUNICIPAL (AMENDMENT) ACT, 1965

[Published in the Assam _Gazette Extraordinary, dated the_ 10th January,

1966].

**An**

**Act**

**further to am end the A ssam M unicipal Act, 1956**

Preamble Whereas it is expedient further to amend the Assam Assam Act

Municipal Act, 1956, hereinafter called the principal [x v] °            - ’

Act, in the manner hereinafter appearing ;

It is hereby enacted in the Sixteenth Year of the

Republic of India as follows:—

Short title, 1. (1) This Act may be called the Assam Municipal

extent and (Amendment) Act, 1965.

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

ment.

Act

(3) It shall come into force on such date as the

State Government may, by not fication in the Official
Gazette, appoint.

kniendment 2. After clause (8) of section 3 of she principal Act,

of section 3 the following shall be inserted as clause (8a), namely :—

of Assam

I

Act XV of

“ (8a) ‘Cattle’ shall mean and include oxen, bulls,

1957.

cows, goats, sheep, horses, buffaloes,
asses, mules and donkeys excluding

those covered by section 68(1) (g).”

Amendment 3. For sub-section (1) of section 26 of the principal

°of[e] Assam ^ [c t] ’ [t] ^l e f°^ o w ^n 8 shall *, e substituted, namely : —

Act XV of

19s7.

“ (I) Except as otherwise provided in this Act,

the term of the elected and appointed
Commissioners shall be four years from the
date of the first meeting of the newly con­
stituted Board after a general election at
which a quorum is present ®r till the
expiry of the period by which the term is
extended under sub-section (4), whichever
is later. Election shall be held before the

expiry of the term but not earlier than
three months before such expiry.”

Price : lb paise or 3 d.


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Amendment of section 27 4. j n section 27 of (he principal Act,r —

of Assam

Act XV of

1957.

(1) at the end of sub-section (2), the following

sentence shall be added, namely :—

“The G .airman shall cease to hold office on

his laying such notice.”

(2) For sub-section (3), the following shall be

substituted, namely:—

“ (3} A Vice Chairman or a Commissioner may

resign by writing under his hand addressed
to the Chairman and thereupon the Vice-
Chairman or the Commissioner, as the case
may be, shall be deemed to have vacated
the office as such. The Chairman shall

forthwith inform the Deputy Commissioner
or the Subdivisional Officer, as the case
may be, of the resignation and also inform

the next meeting of the Municipal Board

or Town Committee of such fact.”

(3) Sub-section (4) shall be deleted.

Amendment 5- In sub-section (2) of section 28 of the principal

of section 28 Act, for the words ‘two-thirds” appearing between
of Assam the words “less than” and “of the” the word “half”

_^ 7_ o f shall be substituted.

Amendment 6. For sub-sections (21 and (4) of section 33 cf the
of section 33 p r j n c ip a ] A ct the following shall be substituted,
of Act XV Assam „o f n a m e ly :— t
1957.

“ (2) At the first meeting of the Municipal

Board after a general election, called at
the instance of the Deputy Commissioner
or the Subdivisional Officer, as the case
may be, the Commissioners shall elect one

from amongst themselves, who is not an

officer of Government appointed under
sub-section (2) of section 11, to be the
Chairman. The election shall be subject
to the approval of the State Government
but pending such approval the person

elected shall be competent to discharge the
duties of the Chairman:

Provided that when the first meeting is dissolved

by the President without transacting any business on
ground of irregularity in the convening of the meeting
the next meeting will be deemed to be the first
meeting for the purposes of this section as well as for
the purposes of the Second Schedule.


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(4) When the Commissioners fail to elect a Chair­

man or a Vice-Chairman under the preceding sub­
sections, the State Government shall appoint by name
one of the Commissioners to be Chairman or Vice-
Chairman, as the case may be, or direct the Deputy
Commissioner or the Subdivisional Officer, as the

case may be, to fix another date for the purpose of
electing the Chairman or the Vice-Chairman as the
case may be, and the meeting held on the date so
fixed shall be deemed to be the first meeting for the
purposes of this section as well as for the purposes of
the Second Schedule;

Provided that when the State Government so

*■ thinks fit, it may appoint a Government Official to be

Chairman or Vice-Chairman, as the case may be.”

**Substitution** 7. For section 41 of the principal Act, the following

**of section 41** shall be substituted, namely :—
**of Assam Act**
**XV of 19** **[57.]**

*** Filling of** 41.(1) If any Chairman or Vice-Chairman

**casual vacan­** of a Board be unable to complete his

**cies of Chair­** full term of office or avails himself

**man** **and**

**Vice-Chair­** of leave granted under section 40, the

**man.** vacancy caused by his resignation, removal,

death or absence on leave shall be filled by
appointment ’ or election, as the case may

be, and the person so appointed or elected
shall fill such vacancy for the unexpired
portion of the term for which such Chair­
man or Vice-Chairman would otherwise
hsve continued in office or during the

absence on leave, as the case may be. The
election shall be subject to the approval of
the State Government, but pending such
approval the person elected shall be com­
petent to discharge the duties of the

Chairman:

Y

Provided that no officer of Government appoint­

ed under sub-section (2) of section 11 shall be elect­

ed as the Chairman.

(2) Tn case of vacancy in the office of the Chair*

man, the Vice-Chairman, and in the case of vacan­
cy in the office of the Vice-Chairman, the Chairman,
shall call a meeting so as to complete the election
within 45 days of the occurrence of the vacancy. If

the Chairman or the Vice-Chairman, as the case may
be, fails to call the meeting, the Deputy Commissioner
or the Subdivisional Officer, as the case may be
shall call the meeting.


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(3) In case of such a meeting for the election of

the Chairman, the Vice-Chaiiman shall preside
unless he is himself a candidate for election as Chair­
man or for other reasons intimates to the Deputy
Commissioner or the Subdivisional Officer, as the
case may be, in writing his inability to preside. In

such an event any Commissioner who is not a candi­
date for the office of the Chaiiman as may be nomi­
nated in the form prescribed in the Third Schedule
by the Deputy Commissioner or the Subdivisional
Officer, as the case may be, shall preside.

(4) In case of such a meeting called for the

election of the Vice-Chairman, the Chairman shall
preside unless there is vacancy in the office of the
Chairman in which case any Commissioner who is
not a candidate for the office of the Vice-Chairman
as may be nominated by the Deputy Commissioner
or the Subdivisional Officer, as the case may be, shall
preside.”

Amendment 8. For sub-section (3) of section 43 of the principal

of section 43 Act, t he followins shall be substituted, namely :—
of A s s a m '
Act XV of

1957.

j‘(3) If the Chairman or the Vice-Chairman

fails to call a special meeting to meet with­

in twenty days after any such requisition
has been made, the meeting may be called
by the persons who signed the requisition.”

Insertion of 9. After section 43 of the principal Act, the follow-

section43 A ;n g j)e inserted as section 43 A, namely :—
m A ssam '

Act XV of
1957.

“Annual 43 A. A Municipal Board shall pass the Annual

Budget Budget Estimates for the next financial

year before the end of the preceding

financial year:

Provided that when the failure to pass th ■Budget

as aforesaid is due to causes beyond the control of a

Municipal Board or Town Committee, the Commis­
sioner may on application by the Municipal Board or
Town Committee give such extension of time as he
may deem necessary to pass the Budget,”

Amendment 10. After the proviso to section 45 of the principal
of ACstls°a m A c t ’ tlle f o U o w in 8 ’had be _v_            - r!ed as an Explanation,

Act XV[3] namely

1957.

‘‘Explanation.—To decide the issue by “drawal of

lot” the President shall draw lots amongst them by
writing the names of the candidates in two sheets of
paper, rolling up the papers into balls and getting


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one of the balls picked up by some disinterested
person, who has not seen the writing of the names in
the papers, from a receptacle where both the papers

(rolled up into balls) have been placed,”

SectionU t"4G ° f ^ [o r] section 46 of the principal Act, ti e follow-

of Assam i[n] g shall be substituted, namely : —•

Act XV of

1957.

‘•Quorum 46. No b u s jn e s s s )i a l[ be transacted at any

meeting of the Board unless such meeting has been
called by the Chairman or Vice-Chairman, or, under
sub-section (3) of section 43, by persons signing a

requisition, nor unless a quorum shall be present.

(2) The quorum necessary for the transaction of

business at a meeting shall be one-half of the total
number of Commissioners of the Board when any of
the following subjects are to be disposed of at such
meeting—

(i) scale of establishment and salaries,

(ii) (he framing of bye-laws under secti n 302

and of subsidiary rules under section 306
of the Act,

(iii) the annual budget estimate,

(iv) **the appointment or the fixing of the pay or**

allowances of a paid Secretary, Engineer,
Water Works Superintendent, Health

Officer, Assessor or Executive Officer,

»

(v) imposition of taxes, fees and tolls under

section 68,

(vi) the election of Chairman or Vice-Chair­

man,

(vii) the raising of a loan,

(viii) the subject of a meeting specially convened

as provided in section 8,

fix) any other subject prescribed by a subsi­

diary rule made in this beh alf by the Board
under the provisr n of section 306 (1).

(3) For ell other business the quorum shall be one-

third of the total number of Commissioners :

Provided that in cases where the whole number of

Commissioners is not evenlv divisible bv three, the one-
third shall be ascertained by taking the number next
above the whole number which is evenly divisible by
three, as the number to be divided.


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(4) If at any meeting the prescribed quorum is not

present, the meeting shall stand adjourned to some
future day to be appointed by the President and three
days’ notice of such adjourned meeting shall be given. <r5

(5) The Commissioners present at such adjourned

meeting for transaction of business other than those
mentioned in sub-section (2) shall form a quorum
whatever their number may be.”

Substitution 12. For section 63 of the principal Act, the following

of section 63 shall be substituted, namely:—
of Assam
Act x v of e
1957.
w

“Power to 63. (1) A Board may, at a meeting, decide to

purchase, purchase or take on lease or by gift any land for the

se^nand[a n d] P[u r] P[o s e s] this Act, with the approval of the State

Government,

(2) No Board shall sell, let, exchange or other­

wise dispose of any land vested in it under section 62,
except with the sanction of the State Government.”

Amendment 13. In section 68 c>f the principal Act, in sub-section
of section 68 nV _
of A s s a m ’
Act XV of
1957.

(1) in item (h), the semi-colon occurring after the

word “ dogs” shall be deleted and the words “and
cattle” followed by a semi-colon shall be inserted ;

(2) for item (i), the following shall be substituted

namely:—

“ (i) a fee on boats including steam boats, and

other vessels mooring within the municipality

(3) for item (k), the following shall be substituted,

namely:—

“ (k) a betterment fee on holdings in any area

of which value has increased due to improvement
schemes completed at Board’s cost

(4) for item (1), the following shall be substituted,

namely:—

“ (1) fees for setting up and maintenance of

fire brigade;”


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# 1

(5) for item (m), the following shall be substituted,

namely;—

“ (m) fees for conductinsr at the cost of the

Board, any scheme of social service for the

improvement of public health

Insertion of 14. After section 68 of the principal Act, the follow-

section 68A ing shall be inserted as section 68A, namely :—
in A s s a m
Act XV of
1957.

“ Taxes for 68A. Every Board within whose area public utility

providing services such as electricity, water supply, sanitation

; t'^Services* [a r e] P[rO 7] ided shall levy, within four months of the

ccs* providing of such service or services or within four

months of the coming into force of this section,
whichever is later, a tax on the holdings covered by
such service or services expressed as a percentage of
the tax assessed under section 68(1) (a) :

Provided that the tax or taxes levied under this

section shall be so regulated that the net proceeds may
not exceed the gross cost of providing the service or
services.”

Amendment 15. In sub-section (4) of section 72 of the principal

°f “ [c]s,’°n Act, for the words ‘ exceeding thirty-three and one

Act XV of third” occurring between the words “not” and

1957. “per cent urn” the words “less than fifty” shill be

substituted.

Amendment 1®. In Chapter V of the principal Act, after the

of heading words “dogs” occurring in the-heading “Registration
in Chapter o f dogs” the words “and cattie” shall be inserted.
V of Assam

Act XV of

1957.

£ Amendment 17. In section 128 of the principal Act,—

of section

' 128 of Assam

Act XV of
1957.

(1) between the word “ dogs” and “shall” the

words “or cattle” shall be inserted ;

(2) the comma occurring after the word

“dog” occurring for the second time shall
be deleted and the words “or cattle” shall
be inserted between the words “dogs” and
“which”.

Amendment 18. In section 130 of the principal Act, between

of section die words “dogs” and “shall” the words “or cattle”

Act ° x v [Si]of b [e] i[n s e r l e] ^-

1957.


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Amendment 19. f n section 131 of the principal Act, between

131[S]of Assam ^ [l e ] [w o r] ^[s] “dogs” and “ which” the words “ or cattle”

Act XV of shall be inserted and for the word “ has” occurring

1957. afteT the word “which” the word “ have” shall be

substituted.

Amendment 20. In section 132 of the principal Act,—*
of section

132 of Assam ... , , , ,, ... ,
Act XV of (1) between the words “dog and “ is the

1957. word “or cattle” shall be inserted ;

(2) for the words “four annas” occurring between

the words Exceeding” and “shall” the words “twenty-
five paise” shall be substituted.

of’sect'To'[1]^ 21. In section 133 of the principal Act, between the

133 of Assam words “dog” and “ r ot” the words “or cattle” shall be

5ct XV of substituted
1957.

Arf en^'U^<m 22. s e c t'o n ^61 of fhe principal Act, after sub-

161 of Assam [s e c t] i° [n] <f3) the following shall be inserted as sub-section

Act XV of (4), namely—

1957.

“ (4) The expenses incurred for removal under sec­

tion 159 and sub-section (2) of this section shall unless
paid by the owner or the occupier be recovered by
sale of the materials so removed. If the sale proceeds

do not cover the expenses, the portion not so covered
shall be realised, in case of section 159 from the person
who erected the same and in case of sub-section (2) of
this section from the owner or the occupier, as arrears
of municipal tax. The surplus of sale proceeds, if any,
shall be credited to'the municipal fund ”

Amendment 23. In section 171 of the principal Act,-^

of section 171
of Assam Act
XV of 1957.
(I) at the end of sub-section (1), the following

proviso shall be added, namely :—

“ Provided that in an area in respect of which Assam Act

an authority has been constituted under the Assam Ilof I960,
Town and Country Planning Act, 1959, the power
of giving sanction to erect, materially alter or re­
erect or commence to erect, materially alter or re-erect
any building shall vest in that authority and the
sanction given by that authority shall be deemed
to be a sanction of the Board

(2) in sub-section (4), for the word and figure

“Rs. 10,000” the word and figure “Rs.5,000” shell

be substituted.


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Amendment 24. After the explanation to sub-section (2) of

ot Assam _Act_ [s e c t] ’[o n] 174 of the principal Act, the following shall
XV S' 1957. be inserted as sub-sections (3) and (4), namely:—

O “ (3} In giving permission for the building it

shall be obligatory for the Board to con­

form to the land use pattern and zoning
plan prepared by or under the authority
of the State Government.

(4) The Board shall prepare within a specified

period, to be decided upon by the State
Government, road classification and road
offset line and in giving building or land
use permission the Board shall conform

to the road classification and road offset

line and shall carry out the planning

directions given by the State Government.

_Explanation—Road offset line means_ an uniform

distance measured from the centre of the road and
prescribed on either side of the road as the line
beyond which only any construction of house, wall

or other fixtures is permissible.”

Insertion of
section 263A 25. After section 263 of the principal Act, the

in Assam Act following new section with the heading shall be

XV of 1957. inserted as section 263 A, namely : —

“ In d u strial undertaking

Industrial 263 A. The Board may undertake Industrial p ro

undertaking grammes sponsored or aided by the Khadi and

Village Industries Commission or the State Khadi
and Village Industries Board, and other industries
with prior approval of the State Government.”

Substitution 26. For section 293 of the principal Act, the follow-

of section 293 j n g shall be substituted, namely:—

„ of Assam Act ’ ’

**XV** Of 1957.

“ Control by 293. The Commissioner of Division, the Deputy

C o m m is- Commissioner, the Sub-Divisional Officer or any other
Sioner, etc. officer specially appointed by the State Government

by general or special order, may at all times—

(i) enter into and inspect, or cause any

other person to enter into and inspect—

(a) any municipal office and affairs of, or

(b) any immovable ^property in the occupation

of, or

(c) any work in progress under, or


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(d) any institution under the control and .-f

administration of the Board; and

(ii) call lor and inspect any book or docu­

ment which may be, for the purpose of
this Act, in the possession or under the
control of the Board.”

Amendment 27. In section 296 of the principal Act, between         -

of section the words “order or act” and “is in excess” the

A c^ x y [8]™ following shall be inserted:—

1957.

“militates against the fundamental rights con­

ferred by Part HI of the Constitution of India
and the State Policy on the Directive Principles laid .*■

down in Part IV of the Constitution of India.”

Substitution 28. For section 298 of the principal Act, the

of 298 of Assam section following shall be substituted, namely:—6 ’ 7

Act XV of
1957.

“ Power to 298. If, in the opinion of the State Government

supersede or a n y Board is not competent to perform, or persis-
ard°*ine case t e n t ^y makes default in the performance of the

of incompe- duties imposed on the Board by or under this Act
tence, de- or otherwise by law, or exceeds or abuses its powers,

fault or abuse o r in the event of failure on the part of the Board
cf powers. t o [ p] r o v [|d] e s u c n services as the State Government

may, by notification in the official Gazette, declare
to be essential services, the State Government after­
giving the Municipal Board an opportunity for sub­
mitting an explanation in regard to the matter may,
by notification, stating the reason for so doing, declare
such Board to be incompeient, or in default, or

to have exceeded or abused its powers, as the case
may be, and supersede the Board for a period not
exceeding one year at a time or dissolve the Board
and order a fresh election as soon as possible;

Provided that nothing in this section shall be

deemed to required the State Government to give a
personal hearing to the Board before any order is
passed under this section.”

Amendment 29. For sub-section (1) of section 299 of the principal

of section A c t th e following shall be substituted, namely:—
299 of Assam 6 ’ 7

Act XV of

1957.

“ (1) When an order of supersession or dissolu­

tion has been passed under the preceding section,
the following consequences shall ensue ;—

(a) all the Commissioners of the Board shall,

as from the date of the order, vacate their
offices as such Commissioners ;


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J.

(b) ali the powers and duties which under this

Act may be exercised and performed by
the Board, whether at a meeting or other­
wise, shall, during the period of super-
session or in case of dissolution till the

new Commissioners and the Chairman are
elected or nominated, be exercised and per­
formed by such person or persons as the
State Government may direct ;

(c) all property vested in such Board shall

during the period of supersession or dis­
solution, as the case may be, vest in the

State Government.’'

Amendment 30. In section 336 of the principal Act,—

of section 336 (i) for clause (d) of sub-section (1), the following
X^oT1957[Ct] be substituted, namely:—

“ (d) extend to any notified area the provisions

of any section of this Act subject to

such restrictions and modifications, if any,
as the State Government may think fit,
except the sections stated below which will
automatically apply to the notified

areas:—

**3, 4,** 5, 6, 7, 9, 13 14, 15, 16, I7, 18, 19,

20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 34 (1),

35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50,
51, 52. 54, 55, 56, 5;, 58, 60(1), 60(2), [except clauses
(XI), (XII), (XIII), (XV), (XVI), (XVII , (XXV),
(XXVI)], 61, 62(1), 63, 64, 65, 66, 67, 68(l)(a), (b),
(c), (d), ( f ) , (g), (h), (j), (k), (n), 68(2), 68(3), 68A,

69, 70, 71, 72, 74, 76, 77, 78, 79, 80, 81, 82, 83, 84,
85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 9/, 98,
**99,** 100, **101,** 102, 103, 104, 105, 106, 107, 108, 109,
110,111,112,113,114,115,116,117, 118, 119, 120,
121, 122, 123, 124, 125. 126, 127, 128, 129, 130, 131,
132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142,
143, 144, 145, 146, 147, 148, 149, 150, 151, 263A and

the whole of Chapters VI, VII, V 1II, IX and X.”

(2) for sub-section (3), the following shall be sub­

stituted, namely ••—

“ (3) For the purposes of any section of this

Act which may be extended to a notified area, or
which applies to the notified areas automatically, the
Town Committee constituted for such an area undet
section 335 shall be deemed to be a Municipal

Board under this Act, the notified area to be a Muni­
cipality and the memo er to be a Commissioner.”


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Amendment In Second Schedule to the principal Act,—
of Second

Schedule to
Assam Act
XV of ii'57.

(1) in Rule (1), between the words “ Deputy Commis­
sioner” and “may” the words “ or the Subdivisional
Officer, as the case may be,” shall be inserted.

(2) in Rule (2), between the words “ Deputy Com­

missioner” and “shall” the words “or the Subdivi­
sional Officer, as the case may be,” shall be inserted.

Insertion of 32. After the Second Schedule to the principal

Third Sche- Act, the following shall be inserted as the Third

t o Schedule, n am ely :-

XV oi 1957.

“The Third Schedule

_(See section 41)_

Form of nomination

Whereas the meeting of the....... ........... Municipal

Board/^.Town Committee is scheduled to be held
on................................ for the election of the Chairman
of the Municipal Board/^-Town Committee, and

whereas the Vice-Chairman of the Municipal Board/+
Town Committee is likely to be a candidate for the
office of the Chairman and/or *has intimated in writing
his inability to preside over the meeting.

I, therefore, nominate Shri/Shrimati...........................

a Commissioner of the Municipal Board/*Town

Committee to preside over the said meeting.

In case the Vice-Chairman does not become a

candidate for the office of the Chairman, or expresses
willingness to preside .over the meeting this nomination
will automatically be inoperative.

Furthermore, in the event of Shri/Shrimati................

.................... (the Commissioner nominated) becoming

himself/herself a candidate for the office of the Chair­
man, this nomination will automatically be inoperative.

Deputy Commissioner

Subdivisional Officer

                - trike out which does not apply.”

AGP (LA) 315/67—-930—31-5-67.


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