■W - Registered No. - 768/97 THE ASSAM GAZETTE ^ p rrs rp r r EXTRAORDINARY SIT'S ’sHT ST<MPlk3 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 o f the Assam Legislative Assembly which received the assent o f the Governor is hereby published for general information. 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. Preamble AN ACT further to amendment the Assam Municipal Act, 1956. 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, extent and commence ment.
1. (1) This Act may be called the Assam Municipal (Amendment) Act, 2004.
(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 section 15.
2. In the principal Act, in section 15, in sub-section (1), 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, < THii ASSAM GAZETTE, EXTRAORDINARY, FEB. 28, 2005 509
(c) the assets (immovable, movable, bank balance etc.) o f a candidate and o f his/her spouse and, that o f dependants,
(d) liabilities, if any, particularly whether there are any overdues o f any public Financial Institu tions or Government dues ;
(e) the educational qualifications o f candidate”; Insertion a 3. In the principal Act, after the existing “The third new Schedule. Schedule” the following “Fourth Schedule” shall be 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 o f offence in the following case (s) and the details are as under
(i) Case No.
(ii) Section o f the Act and description o f the offence for which convicted.
(lii) Date(s) o f conviction.
(iv) Court(s) by which convicted,
(v) Punishment imposed (indicate period of imprisonment awarded and/or quantum o f fine imposed).
(vi) Details o f appeals/revision, etc. filed against above conviction (s),
(2) That I have in the past been discharges/acquitted in the following cases
(i) Section o f the Act description of the offence with which charges.
(ii) Case No.
(iii) Name o f the Court by which acquitted/discharged, 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. No. Description Self Spouse(s) Name(s) Dependent-1 Name : Dependent-2 Dependent-3 etc. 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. IZ7E ASSAM GAZETTE, EXTRAORDINARY, FEB. 28, 2005 511 Note 1. Dependent here means a person substantially dependents on the income o f the candidate.
2. Value of bonds/Shares/Debentures as per the latest market value in Stock Exchange in respect o f listed Companies and as per books in the cases of non-listed companies should be given, B. Details o f Immovable Assets (Note Properties in Joint ownership indicating the extent of joint ownership will also have to be indicated). SI. No. Description Self Spouse(s) Dependent-1 Name : Dependent-2 Name : Dependent-3 Name :
(1) (2) ’(3) (4) (5) (6) (7)
1. Agricultural Land Location(s) Survey number(s) Extent (Total measurement) Current market value). 9 (ii) N one- A gricultural 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). 4 J 1 2 , 1 H E r t Q O r t l V l VjTAzEIE 1 1 1 3 , E A 1 I N z A k /lv E 7 1 1 N ./VJX i , r u u . z . o , ........< SI. No. Description Name and address of Bank/Financial Institution (s) Department (s) Amount Outstanding as on 1 32
(a) (i) Loans from Bank
(ii)L o an s from F inancia l Institutions.
(iii) Government dues (Other than incom e tax and w ea lth tax) (No. Due Certificate to be enclosed in case holding or having held any public office).
(b )(i) Incom e tax includ ing surchage (A lso in d ica te the a ssessm en t year upto w hich income tax return filed. Give also p e rm an en t A ccoun t N um ber (PAN).
(ii) Wealth Tax (Also indicate the assessment year upto which wealth tax return filed.
(iii) Sale tax only in case o f Proprietory business).
(iv) Property Tax.
6. My Educational Qualifications are as follows : (Give details o f school and university education) (Name o f 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 o f this declaration are true/correct to the best o f my knowledge and belief, no part o f its false and nothing materials has been cancelled there-from. Verified at.........................................................................this the......................... ...............................................................................................day o f .......................200.... DEPONENT Place..................... D a te ..................... Verified before me (Signature o f Verifying Authority with seal) 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.