The Gauhati Municipal Corporation (Amendment) Act, 2003
###### Registered No. 786/97'

# THE ASSAM GAZETTE

### j

## EXTRAORDINARY

#### sim we

##### PUBLISHED BY AUTHORITY

55 fw p , 5 ^ , 2004, 15^fRR 1925 (*I<F)

No. .55 Dispur, Friday, 5th March, 2004, 15th Phalguna, 1925 (S.E.)

GOVERNMENT OF ASSAM

_/_

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT :: LEGIS;ATIVE BRANCH

###### NOTIFICATION

The 5th March, 2004 '

No. LGL. 123/2003/44.— The following Act of the Assam Legislative

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


-----

ASSAM ACT No. Vl-fcf 2004

(Received the assent of the Governor on 2nd March, 2004)

THE GUWAHATI MUNICIPAL CORPORATION (AMENDMENT)

ACT, 2003.

AN

ACT

further to amend the Guwahati Municipal Corporation Act,

1969.

Preamble Whereas it is expedient further to amend Assam

Act I

the Guwahati Municipal Corporation Act, of 1973.

1969, hereinafter referred to as the principal

Act, in the manner hereinafter appearing ;

It is hereby enacted in the Fifty-fourth

year of the Republic of India as follows

Short title, ex­ l .( l \ This Act may be called the Guwahati Municipal
tent and com­
mencement. Corporation (Amendment) Act, 2003.

(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, for section 46, the following section
section 46. shall be substituted, namely :-

"Qualification 46. A person shall not be qualified to be chosen as a
for Councillor­ Councillor unless-
ship.

(i) His name is registered as an elector in an electoral roll

for any ward in the city, and

(ii) He furnishes a declaration in the form of an Affidavit,

in the format as appended in the Sixth Schedule, at the
time of filing 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 has been convicted/acquitted/

###### r- 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 filing 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;

(c) The assets (immovable, movable, bank balances 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 3. In the Principal Act, after the Fifth Schedule, the
of new following Schedule shall be inserted, namely
Schedule.

SIXTH SCHEDULE

Affidavit to be furnished by candidate along with nomination
paper before the Returning Officer for election to Guwahati
M u n icip al C o rp o ratio n as a C o u n cillo r,

D istrict.............................W ard N o........................... 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) I have in the past, been convicted of a criminal 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.


-----

(iii) 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 discharged/acquitted in the

following cases

(i) Section of the Act and description of the offence with

which charged.

(ii) Case No.

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

(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 filing 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 cognizance 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 charged/cognizance taken :

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

cognizance:

(iii) Case No.

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

cognizance :

(v) Details of appeal(s)/application(s) for revision, etc. if


-----

(4) That I give hereinbelow the details of. the assets (Immovable,

Movable, Bank balance, etc.) of myself, my spouse and dependants.

A. Details of moveable assets

Assets in joint name indicating the extent of joint ownership will also

have to be given

. SI. Description Self Spouse (s) Depen- Depen­ Depen­

No. Name(s) dent-I dent-2 dent-3 etc.

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 claims/
interests.

Note:-1. Dependant 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 case 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) Depen­ Depen­ Depen­
No. Name(s) dent-1 dent-2 dent-3 etc.

Name: Name: Name:

1 2 3 4       - 6 7

(i) Agricultural Land

Location(s)

       - Survey number (s)

       - Extent (Total measurement)

       - Current market value.

(ii) Non-Agricultural Land -

        - Location (s)

       - Survey number (s)

       - Extent (Total measurement)

       - Current market value.

(iii) Buildings (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 hereinbelow the details of my liabilities/overdues to public

financial institutions and Government dues

(Note Please give separate details for each item)


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 5, 2004 401

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

Department(s) as on.

1 2 3 4

(a) (i) Loans from Banks.

(ii) Loans from Financial

Institutions.

(iii) Government dues (Other

          - han income tax and wealth

tax) (No. Due Certificate to
be enclosed in case holding
or having held any public
office).

(b) (i) Income tax including surcharge

(Also indicate the assessment year
upto which income tax return filed.
Give also Permanent Account
Number (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


-----

402 THE ASSAM GAZETTE, EXTRAORDINARY. MARCH 5. 2004

VERIFICATION

I, the deponent abovenamed, 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 it is false and nothing materials has been concealed
therefrom.

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

................................................ day of ...........................200.

DEPONENT.

Verified before me

P lace............................... (Signature of Verifying Authority

with Seal)".

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

Repeal 4. (1) The Guwahati Municipal Corporation Assam
and (Amendment) Ordinance, 2003 is hereby Ordinance
Saving. repealed. IV of 2003. /

(2) Notwithstanding such repeal, anything done or

any action taken under the ordinance so repealed
shall be deemed to have been done or taken
under the corresponding provisions of this Act.

M. K. DEKA,

Commissioner & Secretary 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. 109-500-600-5-3-2004.


-----

