The Gauhati Municipal Corporation (Amendment) Act, 1994
RegMcred Nr A 12 •

THE **ASSAM GAZETTE**

# EXTRAORDINARY

**mSUSHElD B¥ AUTHORITY?**

n? 61 fsf't’fw, 6 1994, 16 1916 («r )

No. 61 Dispur, Friday, 6th May 1994, 16lh Vuisakha,

’016 (>, E.)

# GOVERNMENT OF ASSAM

 ORDERS B Y THE GOVERNOR

EGI5LATTVE DEPART TENT : LEGISLATIVE BRANCH

# NOTIFICATION

The 6th May 1994

No. LGL. 135/93/49- -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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752 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994

ASSAM ACT NO XXVI 1994

(Received the assent of the Governor on 5th May, 1994)

THE GUWAHATI MUNICIPAL CORPORATION

(AMENDMENT) ACT, 1994

**AN**

ACT

further to amend the Guwahati Municipal Cor- [A]rssa?1I[A]cl

poration Act, 1969.

Preamble. Whereas it is expedient further to amend

the Guwahati Municipal Corporation Act,

1969, hereinafter referred to as the princi­

pal Act, in conformity with the provisions
of the Constitution (Seventy-fourth Amen­
dment) Act, 1992.

It is hereby enacted in the .Forty-fifth

Year of Republic of India as follows

**short title,** 1.(1) This Act may be called the Guwa-

commence-[d] hati Municipal Corporation (Amendment)

**meat.** Act, 1994.

(2) It shall have the like extent [!]as the

principal Act.

(3) It shall come into force at once.

**Insertion in** 2. In the principal Act, in section 3,

**section 3.**

after clause (87), the following clauses shall

be inserted, namely :—

(88) “ State Finance Commission” means

the Finance Commission constituted under
Article 243-1 of the Constitution of India ;

(89) “State Election Commission” means

the Election Commission constituted by

the Government of Assam and as referred to
in Article 243-ZA of the Constitution of

India”.


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# Amendment 3. j the principal Act, in section 5,
n

# o se ion 5. f j
o r s u ^_s e c t o n (l)(a), the following shall be

# substituted, namely :—

 “(l)(a)(i) There shall be one Councillor for
 every population of 15,000 sub­
 ject to maximum of 60 members.

 (ii) Government may nominate not
 more than two persons having special knowledge or experience in Municipal Administration, as members who shall have the
 right to attend and speak at all meetings of the Corporation but shall not have the right to vote. Such persons shall not be deemed
 to be Councillors for the purposes
 of this Act.

 (iii) The members of the House of
 people and the members of the Assam Legislative Assembly
 representing the Constituencies
 which comprise fully or partly the Corporation Area, shall be the ex-officio members of the
 Corporation.

 (iv) The members of the Council of
 States registered as electors with­
 in the Corporation area shall be the ex-officio members of the
 Corporation.

 (v) Reservation of seats in the Cor­
 poration for the Scheduled Castes and Scheduled Tribes and the number of seats so reserved shall bear, as nearly as may be, the
 same proportion to the total
 number of seats to be filled by direct election in the Corpora­ tion as the population of the Sche­ duled Castes in the Corporation area or the Scheduled Tribes in


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754 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994

# the Corporation 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 wards of the
 Corporation :

 Provided that not less than
 one-third of the total number of seats reserved under this sub­
 section shall be reserved for
 women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes :

 Provided further that not
 less than one-third (including the
 number of seats reserved for
 women belonging to the Sche­
 duled Castes and Scheduled Tri­ bes) of the total number of
 seats to be filled by direct ele­
 ction in the Corporation shall be
 reserved for women and such seats may be allotted by rota­
 tion to different wards of the Cor­ poration:

 Provided further that the
 office of the Mayor shall be re­
 served for the Scheduled Castes, the Scheduled Tribes and women on roster basis as per their
 respective percentage to the total population :

 Provided also that the reser­
 vation of seats for the Scheduled Castes and the Scheduled Tribes
 in the Corporation shall continue as long as special representation for the Scheduled Castes and the Scheduled Tribes continue to
 be provided for in the Constitu­ tion of India.”

_I_


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THE ASbAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 755

**Insertion in** 4. In the principal Act, in section 8,—
**section 8.**

# (i) In clause (40), in the last line, the
 word “and” shall be omitted ;

 (ii) after clause (41), the following
 new clauses shall be inserted, namely
 “(42) urban planning including town
 planning ;
 (43) regulation of land use and cons­
 truction of buildings ;

 (44) planning for economic and social
 development ;
 (45) slum improvement and upgra-
 dation ;

 (46) urban poverty alleviation.”

 Amendment 5. In the principal Act, in section 15, o section 15. j b_ ti
n s u se c o n 0), the words, “after the first

# day of January each year” shall be omi­
 tted.

 insertion 6. In the principal Act, after section
 section To a 19, after the heading “The Standing Co­
 mmittee” following new section shall be
 inserted , namely —

**Constitution** 20A (1) There shall be constituted Ward

**Committeeof Ward** Committee consisting of one or

# more wards but not more than
 four within the territorial area
 of the Corporation having a po­ pulation of three lakhs or more.

 (2) The territorial area of a Ward
 Committee in the Corporation shall be contiguous to each other. The area of such Ward Commi­ ttee shall be notified by the
 Government within three months
 from the date of receipt of


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proposal in this regard from the
Corporation.

(3) The total number of members of

each Ward Committee shall not
be more than eight consisting of
four Councillors and four others
representing leading citizens of
the concerned wards who maybe
nominated by the Government.

(4) The Chairperson of the Ward

Committee shall be elected from
amongst the elected members

of the Ward Committee.

I

(5) The Ward Committee shall main­

ly look after the needs of the re­
sidents in a more intimate

manner making it unnecessary
for the residents to go to the Cor­
poration.

(6) The decision of the Ward Co­

mmittee with regard to the sele­
ction of the schemes for develop­

ment of the area shall be bin­
ding on the part of the Cor­

poration while such schemes are
taken up for execution by the

Corporation.

(7) The tenure of the Ward Commi­

ttee shall be co-terminus with the
tenure of the Corporation and
on dissolution of the Corpora­
tion the Ward Committee shall
automatically stand dissolved.”

**Insertiftn in** 7. In the principal Act, in section 47,

**lection 47.** in sub-section (I), after clause (i), the follow­

ing clauses shall be inserted, namely:—

“(j) If he is so disqualified by or

under any law for the time being


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 757

# in force for the purpose of ele­ ctions to the Assam Legislative Assembly :

 Provided that no person
 shall be disqualified on the
 ground that he is less than
 twenty-five years of age, if he has attained the age of twenty-one years.

 (k) If he is disqualified by or under
 any law made by the Assam
 Legislative Assembly

 ofU^tion°55 8- In the principal Act, in section 55,

_o_ c ion the existing provisions, the following
s

# shall be substituted, namely :—

 “55. The term of the Corporation
 shall be for five years and shall
 continue from the date of first meeting after publication of the result of the general election
 under section 56. The term of the office of a Councillor shall, be co-terminus with the term of the
 Corporation.”

 ^™ecti^ei57 the principal Act, in section 57, ° sec ion j/. second paragraph,
n s u b-section (i), jn

# after the word, “elected”, the following shall
 be inserted, namely :—

 “nominated.”

 Amendment jo. In the principal Act, in section 425, or section i .• /i\ 425. sub-section (1),—

 (i) in the first paragraph, for the
 words, “to be superseded for a period not exceeding twelve years,
 the following shall be substituted, namely :—


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758 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994

# “to be dissolved for a period not exceeding six months;”

 (ii) in the first proviso, for the words,
 “to show cause”, the words, “of being heard” shall be substituted;

' ! •' I t _I_ _■ t_ _■_ _■_

# (iii) for the existing second proviso, the
 following provisos shall be substi­ tuted, namely :—
 “Provided further that an
 election to constitute the Corpo­ ration shall be completed—

 (a) before the expiry of the duration
 specified in section 55 ;

 (b) before the expiration of a period of
 six months from the date of its dissolution :

 Provided further that where
 the remainder of the period for which the Corporation is dis­
 solved is less than six months, it shall not be necessary to hold the election for constituting the Cor­ poration for such period :

 Provided also that the Cor­
 poration constituted upon disso­ lution before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Corpo­
 ration would have continued un­ der section 55 had it not been so dissolved.”

 K. LASKAR,
 Secretary to the Govt, of Assam,
 Legislative Department.

G w abati : Printed g nd published by.the Dy. Director P), Ditectosate

**of Ptg. and Sty. Assam, Guwahati-21 (Ex. Gazette; No. 121-1005**
—400-6-5-94


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