The Gauhati Municipal Corporation (Amendment) Act, 2006
###### Registered No. - 768/97

## <d'Sr[s]T3r

# THE ASSAM GAZETTE

### EXTRAORDINARY

###### PUBLISHED BY THE AUTHORITY

 H? 60 W < H 10 , 2006, 19 W l , 1927 ( ^ )

 No. 60 Dispur, Friday, 10th March, 2006, 19th Phalguna, 1927 (S.E.)

 GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT::: LEGISLATIVE BRANCH

 NOTIFICATION

 The 9th March, 2006

 No. LGL.123/2003/pt/25.—The following Act of the Assam Legislative Assembly which

 received the assent of the Governor is hereby published for general information.

 ASSAM ACT NO. IV OF 2006
 (Received the assent of the Governor on 6th March, 2006)

 THE GUWAHATI MUNICIPAL CORPORATION (AMENDMENT) ACT, 2006

 AN

 ACT


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###### ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 328

 further to amend the Guwahati Municipal Corporation Act, 1969,

 Preamble Whereas it is expedient further to amend the Guwahati Municipal Assam Act
 Corporation Act, 1969, hereinafter referred to as the principal Act, in the 1 of 1973 manner hereinafter appearing;

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

 Short title, extent 1. (1) This Act may be called the Guwahati Municipal Corporation and (Amendment) Act, 2006. commencement. (2) It shall have the like extent as the principal Act.
 (3) It shall come into force at once.

 Amendment of 2. In the principal Act, in section 4, in sub-section (2), for clauses (a) and (b), the section 4 following clauses shall be substituted, namely
 “(a) Corporation ;
 (b) Mayor; (c) Mayor -in-Council; (d) Commissioner.”

 Substitution of 3. In the principal Act, the words “ Standing Committee” and “Standing Finance words “ Standing Committee”, wherever they occur, the words “Mayor-in-Council” shall be Committee and substituted. Standing Finance Committee.”

 Amendment of 4. In the principal Act, in section 5, - section 5 in clause (IX), for the words “ one year from the date of election” the words
 “five years from the date of taking oath ” shall be substituted.

 Substitution of 5. In the principal Act, for section 15, the following shall be substituted,
 section 15 namely

 15. Election of Mayor, Deputy Mayor, Presiding Officer and Deputy
 Presiding Officer
 (1) The Mayor and the Deputy Mayor shall be elected by direct
 election in addition to the Ward Councillors, on the basis of r
 the adult suffrage from Guwahati City, as stipulated in the Central
 Representation of Peoples Act, 1950. Act XLIII
 (2) The Corporation shall at its first meeting to be presided of 1950.'
 over by the Mayor, elect the Presiding Officer and Deputy Presiding Officer of the Corporation from amongst the elected Councillors for a period of two years and six months.


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###### THE.. ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 _ 329

15 .A. Constitution of Mayor-in-Council :-

(1) There shall be a Mayor-in-Council for the Corporation

which shall be constituted by the Mayor from amongst the
elected Councillors within fifteen days from the date of
taking oath.

(2) The Mayor-in-Council shall consist of the Mayor and the

Deputy Mayor and seven members of elected Councillors,
to be nominated by the Mayor. The members of the
Mayor-in-Council shall hold office during the pleasure of
the Mayor.

15B. Removal of Mayor or Deputy Mayor or Presiding Officer or Deputy Presiding

Officer or Chairman of a Committee :-

(1) The Government may at any time remove a Mayor or Deputy Mayor or
Presiding Officer or Deputy Presiding Officer or Chairman of any
Committee, if his continuance as a Mayor or Deputy Mayor or Presiding
Officer or Deputy Presiding Officer or Chairman of any Committee,as
the case may be, is not, in the opinion of the Government, desirable in
the public interest or in the interest of the Corporation or if it is found
that he is incapable of performing his duties or he is working against the
provisions of this Act or rules made thereunder.

(2) As a result of the order of removal of Mayor or Deputy Mayor or
Presiding Officer or Deputy Presiding Officer or Chairman of any
Committee, as the case may be, has been removed from the office of
Councillor also. At the time of passing order under sub-section (1), the
Government may also pass such order that the Mayor or Deputy Mayor
or Presiding Officer or Deputy Presiding Officer or Chairman of any
Committee, as the case may be, shall be disqualified to hold the office of
Mayor or Deputy Mayor or Presiding Officer or Deputy Presiding
Officer or Chairman of any Committee, as the case may be, for the next
term :

Provided that no such order under this section shall be passed

unless a reasonable opportunity of being heard is given.”

Amendment of 6. In the principal Act, in section 17, after sub-section (2), a new sub­
section 17 section (3) shall be inserted, namely :-

“(3) The Mayor shall, for convenient transaction of the business of the
Corporation, allocates among the members of the Mayor-in-Council,
such business and in such a manner as he thinks fit.”

Substitution of 7. In the principal Act, for section 18, the following shall be substituted,
section 18 namely :-

“ 18. **Functions o f M ayor and Presiding O fficer**

(1) The Mayor or in his absence, the Deputy Mayor, shall preside over
all the meetings of the Mayor-in-Council of the Corporation and his
decisions and rulings in conducting the proceedings of the meetings.,
shall be final.

(2) The Presiding Officer or in his absence, the Deputy Presiding
Officer, shall preside over all the meetings of the Corporation and
shall be solely responsible for maintenance of discipline in the
meetings of the Corporation .”.

Amendment of 8. In the principal Act, in section 20, after the existing clause
section 20 (V), the following new clauses shall be inserted, namely:-

“ (VI) Planning and Development including matters related to Disaster

management, building permission, license etc.

(VII) Any other matter related to the Corporation.”


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###### 330 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH. 1.0,------2006

Amendment of 9. In the principal Act, in section 21 :-
section 21 (i) sub-sections (1) and (2) shall be omitted ;

(ii) for sub-section (3), the following shall be substituted, namely :-
“21. Filling up of vacancy in Mayor-in-Council :-
When a vacancy occurs in Mayor-ir.-Council the Mayor shall fill up the
vacancy as soon as may be by the nomination of another Councillor.”

Omission of sections 10. In the principal Act, sections 24, 26, 27 and 28 shall be omitted.
24, 26,27 and 28

Amendment of 11. In the principal Act, in section 48, in the title, after the word “as” and in sub­
section 48 section (1), after the letter “a”, the words “ Mayor, Deputy Mayor, Presiding

Officer and Deputy Presiding Officer” shall be inserted.

Amendment of 12. In the principal Act, in section 49, in sub-section (1), after the word
section 49 “ward”, full stop shall be omitted and thereafter the following shall be

inserted, namely

“Mayor and Deputy Mayor from Guwahati City. ”

Amendment of 13. In the principal Act, in sub-section (1), after the existing provision, the
section 50 following shall be inserted, namely :-

“ No person shall simultaneously contest for the post of Councillor, Mayor

and Deputy Mayor.”

Amendment of 14. In the principal Act, in section 71, -
section 71 (i) in the first paragraph, after the existing provision, the signs “ comma” and

“hyphen” shall be omitted and thereafter the following shall be inserted,
namely :-

“ by the Commissioner in all cases with the approval of the Mayor;”

(ii) clauses (a) and (b) shall be omitted.

Amendment of 15. In the principal Act, in the section 76
section 76 (i) in sub-section (1), for the words “ not less than once in a month” , the

words “ not less than once in four months” shall be substituted;

(ii) in sub-section (2), for the words “ Mayor” , “Deputy Mayor” and “any

fifteen”, the words “ Presiding Officer”, “Deputy Presiding Officer” and
“ One third of the” respectively shall be substituted.

Amendment of 16. In the principal Act, in section 80, -
section 80 (i) in sub-section (1), for the words “ Mayor” and “Deputy Mayor” the

words “ Presiding Officer” and “Deputy Presiding Officer”
respectively shall be substituted ;

(ii) in sub-section (2), for the words “Mayor” and “Deputy Mayor”, the
words “ Presiding Officer” and “Deputy Presiding Officer”
respectively shall be substituted.

Amendment of 17. In the principal Act, section 81 shall be omitted.
section 81

Amendment of 18. In the principal Act, in Section 84, -
section 84 (i) in sub-section (I), for the words “ Mayor” and “ Deputy Mayor”, the

words “ Presiding Officer” and “Deputy Presiding Officer”
respectively shall be substituted;

(ii) in sub-section (2),-

(a) in the first paragraph, for the words “ one half’ the words “

one third” shall be substituted ;

(b) clause (vi) shall be omitted ;


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###### THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 331

(iii) sub-section (3) shall be omitted ;

(iv) in sub-section (4), for the word “Mayor”, the words “Presiding
Officer” shall be substituted.

Amendment of 19. In the principal Act, in section 88,-
section 88

(i) in sub-section (1), for the words “Chairman” and “Deputy
Chairman”, the words “ Mayor” and “Deputy Mayor”
respectively shall be substituted ;

(ii) sub-section (2) shall be omitted.

Omission of section 20. In the principal Act, section 89 shall be omitted.
89

Omission of section 21. In the principal Act, Section 90 shall be omitted.
90

Substitution of 22. In the principal Act, for Section 95, the following shall be substituted,
section 95 namely :-

“ 95. Power of Commissioner, Mayor, Mayor-in-Council and

Corporation .-

(1) The Commissioner may sanction any estimate for a particular work ,

the amount of which does not exceed Rs. 10.00 Lakhs of rupees.

(2) The Commissioner may sanction any estimate which exceeds Rs.

10.00 Lakhs and does not exceed Rs. 50.00 Lakhs, with the approval

of the Mayor.

(3) The Commissioner may sanction any estimate which exceeds Rs.

50.00 Lakhs and does not exceed Rs. 1.00 Crore, with the approval
of the Mayor-in-Council.

(4) The Commissioner may sanction any estimate which exceeds Rs.

1.00 Crore and does not exceed Rs. 5.00 Crore, with the approval of

the Corporation.

(5) The Commissioner shall refer the estimate project to the

Government which exceeds Rs. 5.00 Crore with the suggestions,
views and approval of the Corporation.”

Omission of section 23. In the principal Act, section 96 shall be omitted.
96

Amendment of 24. In the principal Act, the section 97, clause (c) and (d) shall be omitted.
section 97


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###### 332 THE ASSAM GAZETTE, EXTRAORDINARY,__ MARCH.10,____2006

Amendment of 25. In the principal Act, in section 147, after the existing clause (d), a new
section 147 clause shall be inserted, namely

“ (e) The Corporation may levy a service charge on the occupiers of a

building or a hut standing on the non-settled Government land
equivalent to the property tax of a corresponding holding on the settled
land and levying of such service charges on the occupants will not
confer any right over the land to the .occupant and any authority shall
have full right to evict the occupants as per rules and procedure.”

Amendment of 26. In the principal Act, in section 438, in sub-section (2), -
section 438

(i) in the first paragraph, -
(a) after the words “such appeal”, the following shall be inserted,

namely
“ in full compliance of rules and regulations for the time being in
force.” ;

(b) for the words “ such decisions”, the words “ receipt of order” shall be

substituted ;

(ii) in second paragraph, after the existing provisions, the following

shall be inserted, namely

“ but if the decisions are in violation of the rules and regulations for

the time being in force, then the Commissioner shall refer the matter
to the Government.”

###### M. K. DEKA,
 Commissioner & Secretary to the Govt, of Assam,
 Legislative Department.

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

Guwahati-21, (Ex-Gazette) No. 119-500-600-10-3-2006.


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