The Gauhati Municipal Corporation (Amendment) Act, 2004
            - - **Registered No. - 768/97**

# THE ASSAM GAZETTE

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## EXTRAORDINARY

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#### PUBLISHED BY AUTHORITY

##### d>° 68 CWTR, 28 GWJTlft, 2005, 9 , 1926 (»W)

 No.68 Dispur, Monday, 28th February, 2005, 9th Phalguna, 1926 (S.E.)

 GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH

#### NOTIFICATION

##### The 28th February, 2005

#### No. LGL.135/2003/17.-- 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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#### 508 THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 28, 2W5

 ASSAM ACT NO. VI OF 2005
 (Received the assent of the Governor on 22nd February, 2005)

##### 1 HE ASSAM MUNICIPAL (Amendment) ACT, 2004.

 AN

 ACT

 further to amendment the Assam Municipal Act, 1956.

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

##### Municipal Act, 1956, hereinafter referred to as the Act XV of
 principal Act, in the manner hereafter appearing ; 1965-

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

**Short title,** 1. (1) This Act may be called the Assam Municipal
**extent and** (Amendment) Act, 2004.
**commence­**
**ment.** (2) It shall have the like extent as the principal Act.

##### (3) It shall be deemed to have come into force on and
 from the 20th October, 2003.

**Insertion in** 2. In the principal Act, in section 15, in sub-section (1),
**section 15.** after clause (IX), the following clause shall be inserted,

##### namely :-

 “(X) fails to furnish a declaration in the form of an Affidavit in the format, as appended in the Fourth Schedule, at the time of filling nomination paper containing the following information which shall be

 made public by the respective returning officers by displaying a copy of the Affidavit on the Notice Board
 of his office:

 (a) Whether the candidate had been convicted/ acquitted/ discharged of any criminal offence in the past and if convicted, whether he was punished with imprisonment or fine. (b) prior to six month of filling of nomination whether the candidate is accused in any pending case of any offence punishable with imprisonment for a term of two years or more, and in which charge is framed or congnizance has been taken by the Court. If so, the details thereof,


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#### <
 THii ASSAM GAZETTE, EXTRAORDINARY, FEB. 28, 2005 509

(c) the assets (immovable, movable, bank balance etc.)
of a candidate and of his/her spouse and, that of
dependants,

(d) liabilities, if any, particularly whether there are any
overdues of any public Financial Institutions or
Government dues ;

(e) the educational qualifications of candidate”;

**Insertion a** 3. In the principal Act, after the existing “The third

**new** Schedule” the following “Fourth Schedule” shall be
**Schedule.** inserted, namely

##### “FOURTH SCHEDULE”

Affidavit to be furnished by candidate along with nomination paper before

the Returning Officer for election as Commissioner of a Municipal Board.

District..................................Ward No...............Name, if any..............................

I ,...........................................son/daughter/wife of.................................................

age................years, resident o f ..............................................................................

candidate at the above election, do hereby solemnly affirm and state on oath as
under

(Strike out whichever not applicable)

(1) 1 have in the past, been convicted of criminal of offence in the following case (s)

and the details are as under

(i) Case No.

(ii) Section of the Act and description of the offence for which convicted.

(lii) Date(s) of conviction.

(iv) Court(s) by which convicted,

(v) Punishment imposed (indicate period of imprisonment awarded and/or

quantum of fine imposed).

(vi) Details of appeals/revision, etc. filed against above conviction (s),

(2) That I have in the past been discharges/acquitted in the following cases

(i) Section of the Act description of the offence with which charges.

(ii) Case No.

(iii) Name of the Court by which acquitted/discharged,


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#### 510 THE ASSAM GAZETTE, EXTRAORDINARY, FEB, 28, z005

##### (iv) Date of acquittal/discharge,

 (v) Details of appeal (s) /application (s) for revision/review, if any, filed against
 above acquittal/discharge.

 (3) That I have, in the period ending six months prior to the date of filling the present nomination, been accused of the following offences punishable with imprisonment with two years or more, and in which a charge has been framed or congnizance taken by the Court as indicated hereunder

 (Note This excludes the cases mentioned in (1) and (2) above)

 (i) Section of the Act and description of the offence with which charges/
 congnizance taken.

 (ii) The Court which has framed the charge/taken congnizance.

 (iii) Case No,

 (iv) Date of order of the Court framing charge/taking cognizance.

 (v) Details of appeal (s) /application (s) for revision, etc., if any, filed against
 above order framing charge/taking cognizance.

 (4) That I give herein below the details of, the assets (Immovable, Movable, Bank balance, etc.) of myself, my spouse and dependents.

 A. Details of moveable assests :-

 Assets in joint name indicating the extent of joint ownership will also have
 to be given

SI. Description Self Spouse(s) Dependent-1 Dependent-2 Dependent-3 etc.
No. Name(s) Name : Name : Name :

(1) (2) (3) (4) (5) (6) (7)

##### (i) Cash, (ii) Deposit in Banks, Financial Institutions and Non-Banking Financial Companies, (iii) Bonds Debentures and shares in companies. (iv) Other Financial Instruments, NSS, Postal Savings, LIC Policies, etc., (v) Motor Vehicles (Details of make etc). (vi) Jewellery (give details of weight and value). (vii) Other assets such as values of claim/ in terests.


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##### IZ7E ASSAM GAZETTE, EXTRAORDINARY, FEB. 28, 2005 511

Note 1. Dependent here means a person substantially dependents on

the income of the candidate.

2. Value of bonds/Shares/Debentures as per the latest market value

in Stock Exchange in respect of listed Companies and as per

books in the cases of non-listed companies should be given,

B. Details of Immovable Assets

(Note Properties in Joint ownership indicating the extent of

joint ownership will also have to be indicated).

SI. Description Self Spouse(s) Dependent-1 Dependent-2 Dependent-3
No. Name : Name : Name :

(1) (2) ’(3) (4) (5) (6) (7)

1. Agricultural Land

Location(s)
Survey number(s)
Extent (Total measurement)

Current market value).

9 (ii) None- Agricultural Land
-Location(s)
-Survey/door number(s)

     - Extent (Total measurement)
-Current market value.
(lii) Building (Commercial and
residential,
Location (s)
Survey/door number (s)
-Extent (Total measurement)
-Current market value.
(iv) Houses/Apartments, etc.
-Location (s)

     - Survey/ door number (s)
-Extent (Total measurement)
-Current market value.
(v) Other (Such as interest in property).

##### 5. I give herein below the details of my liabilities/ overdues to public financial
 institutions and Government dues :-
 (Note :- Please give separate details for each item).


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**J 1 2 ,** **1 H E r t Q O r t lV l VjTAzEIE 1 1 1 3 ,** **E A 1 IN zA k /lv E 7 1 1 N ./VJX i ,** **r u u . z . o , ........<**

SI. Description Name and address of Bank/Financial Amount Outstanding
No. Institution (s) Department (s) as on

1 2 3 4

(a) (i) Loans from Bank
(ii)L oans from Financial

Institutions.

(iii) Government dues (Other than
incom e tax and w ealth tax)
(No. Due Certificate to be enclosed
in case holding or having held any
public office).
(b)(i) Incom e tax including
surchage (A lso indicate the
assessm ent year upto which
income tax return filed. Give also
perm anent A ccount Num ber
(PAN).
(ii) Wealth Tax (Also indicate the
assessment year upto which wealth
tax return filed.
(iii) Sale tax only in case of
Proprietory business).

(iv) Property Tax.

6. My Educational Qualifications are as follows :
(Give details of school and university education)
(Name of School/College/University and the year in which the
course was completed should also be given).

DEPONENT

##### VERIFICATION

I, the deponent above-named, do hereby verify and declare that the contents

of this declaration are true/correct to the best of my knowledge and belief, no part
of its false and nothing materials has been cancelled there-from.

Verified at.........................................................................this the.........................

...............................................................................................day o f .......................200....

DEPONENT

Verified before me

Place.....................

(Signature of Verifying Authority with seal)

D ate.....................

M. K. DEKA,

Commissioner & Secy, to the Govt, of Assam,

Legislative Department, Dispur.

GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty.,

Assam, Guwahati-21, (Ex-Gazette) No. 135-500-600-28-2-2005.


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