The Assam Municipal (Amendment) Act, 1994

xjajtRi THE ASSAM GAZET T r «jsn4fT̂ «f EXTRAORDINARY PUBLISHED BY AUTHORITY 50 fjpfsvr, w ire , ctT 19947 1916 (»f^) No. 50 Dispur, Friday, 6th May, 1994, 16ih Vaisakha, 1916 (S.E.i * ______________________ __i ~ ------------------ ------------ GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH NOTIFICATION The 6th May, 1994 No. LGL. 70/93/106-A.—The following Act of the Assam Legislative Assembly which received the as ent of the Governor is hereby published for general information.

690 THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 199 ASSAM ACT NO. XIX OF 1994 ( Received the assent of the Governor on 5th May, 19 94 ) THE ASSAM MUNICIPAL (AMENDMENT) ACT, 1994 AN Act further to amend the Assam Municipal Act, 1956.

Preamble. Whereas it is expedient further to amend  .ym o Act the Assam Municipal Act, 1956 hereinafter 1957.° referred to as the principal Act in conformity with the Constitution (Seventy­ fourth Amendment) Act, 1992, in the manner hereinafter appearing ;

It is hereby enacted in the Forty-fifth Year of the Republic of India as follows extent and 1- (1) This Act may be called the Assam Municommence. c jp a ] (Amendment) Act, 1994 rient.

(2) It shall have the like extent as the principal Act.

(3) •. It shall come into fo. gp at once.

mendmen uf sectiotn

2. In the principal Act in section 3, after Clause (43), the following Clauses shall be inserted, namely -

(44) "Committee” me ns a Committee constituted under Article 243 S of the Constitution.

(45) "Nagar Panchayat” or "Town Committee” means a Local Self Governing Body constituted for a transitional arga as defined in Article 243 Q (2) of Hie Constitution.

(46) "Director” mea” the Director of Municipal Administration appointed by the Government THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 691 of Assam for performing the functions and exer­ cising powers provi< ed in this Act ;

(47) "State Finance Commission” means the Fi­ nance Commission constituted under Article 243—I of the Constitution of India.

(48) 'State Election Commission” means the Elec­ tion Commission constituted by the Government of Assam and as referred to in Article 243 ZA of the Constitution of India.

,^ectioT?i. 3 - I n the principal Act, in section 11,—

(1) Sub-section (2) shall be substituted as follows :— "(2) The State Government may appoint persons having special knowledge or experience in Municipal Admin stration as members who shall have the righ f0 attend and speak at all meetings of the Be a rd but shall have no right to vote. Such pers< ns shall not be deemed to be Commissioners foi the purposes of *this Act”.—

(2) Sub-section (3) shall be substituted as follows, namely :— ' (3) (a) The Member of the House of the People and the Legislative Assembly of the State of Assam representing the Constituencies which comprise fully or partly the Municipal Area, shall be the Ex-C fficio Members of the Board.

(b) The Members of the Council of States regis­ tered as Elector w thin the Municipal area shall be the Ex-Officio Members of the Board.

(c) Chairman of the Ward Committee constituted under section 48.

(d) Reservation of seats in every Municipality for the Scheduled Ca tc-s and the Scheduled Tribes and the number o sea*s so reserved shall bear 6 9 2 THE ASSAM GAZETTE, EXTRAORDINARY, M a y , 6 , 1994 nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Cartes in the Municipal area or the Scheduled Tribes in the Municipal 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 constituen­ cies in a Municipality :

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 n o t ie s s than one-third (in­ cluding the number of seats reserved for women belong­ ing to the Scheduled Castes a n d the Scheduled Tribes) * of the total number of seats t o be filled by direct election m any Municipality shall be reserved for women and such seats may be allotted by rotation to different Constituen­ cies in a Municipality:

Provided further that reservation of seats for the Scheduled Castes and Scheduled Tribes in the Munici­ palities and Town Committee shall continue for so long as special representation fn? the Scheduled Castes and the Scheduled Tribes continue to be provided for in the Constitution of India”.— Amendmen 4. In the principal Act, in section 15,— oi *ect on ! 5

(1) after clause (viii), the 'oilowing new clause <ix) shall be inserted, namely:— "(ix) if he is so disqua.ified by or under any law for the time being in force for the purpose of elections to th e State Legislature.

or If he is so disqualified by or under any law made by the State Legislature for this purpose’ (£) The existing provis shall be renumbered as sub-section (1) and after sb renumbered the following THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 693 sub-section (2) shall be mser te d i i a mely

(2) If any question arise s a s to whether a Commi­ ssioner has become subject a n y disqualifications mentioned in clause (i) o f sub-section (1) the question shall be re fe r r^ f o r determination to the District Judge of the District w hich the Municipality is located.” of section 24 5 ' Pr in cipa l Act, se c ^ o n 24 shall be deleted.

Amendment of section 25. 6. In the principal Act, in section 25,

(1) sub-section (1) shall be substituted as follows :— '’(1) Every person who js elected to be Commis­ sioner of the Board or who become Commissioner of the Board by virtue of office, shap before taking his seat at a meeting of the Board first attended, make an oath or affirmation of his allegiance to the Union of India in the following form, namely "I.A.B., having been elected/ Ex-officio Com­ missioner of this Board do swear in the name of God or solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by Law establi­ shed, and will faithfully discharge the duty upon which I am about to enter.”

(2) In sub-section (2), the words, "or appointed” occurring between the words "been elected” and "a com­ missioner” shall be deleted.

Amendment 7 j n ^he principal Act, in section 26, the >f secimn 26.

shall be substituted as follows :— provisions "26 (1) Every Munici) Edify unless sooner dissolved under section 298, shall continue for five years from the date of first meeting of newly constituted Board after a general election at which aiorum is present”.— 694 THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994

(2) An election to constitute a Municipality shall be completed— (a ) before the expiry of its duration specified in sub-section (1);

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

Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shal not be necessary to hold any election under this section for constituting the Muni­ cipality for such period. „

(3) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for ■which the dissolved Municipality would have continued under sub-section (1) had it not been so dissolved.”

(4) If the term of the office of the Commissioner ex­ pires and for any reason the election cannot be held, the Board shall be deemed to have been dissolved under section 298 with effect from the date of expiry of the term and thereafter the provision of section 299 shall apply.” oYsecHcn*27. I n principal Act, in section 27, sub-section (1) shall be deleted.

of^ectfanTs' 9 ' principal Act, in section 28, sub-section (1) 'shall be deleted.

o™ecri™-.e32 1 0 ’ Pr in c iPa l Act, in section 32, the existing provision shall be substituted as follows:— "32. If the electorate in any Municipality fails within the prescribed time to elect the number of Com­ missioners to constitute the Board in accordance with the provision of section 11, the election to elect the Comm hs’pner shall be held again on any date and time to be decided by the State Election Commission.” THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 695 Amendment j n the principal Act. in section 33, sub-section (1) of section 33. .shall be substituted as follows :— "(1) The State Government shall, by notification determine from time to time as to which of the Municipaljties and Town Committees shall have Seheduled Castes, Scheduled Tribes or Women as Chairman. The percen­ tage of Municipalities and Town Committees with the Scheduled Cartes and the Scheduled Tribes as Chairman will be broadly in conform ty with the percentage of population of the Scheduled Castes and Scheduled Tribes Communities in the State a per the latest census figure and in respect of women, irrespective of the Scheduled Castes and Scheduled Tribes the number of women Chairman will be approximately 30 percent of the Muni­ cipality, and Town Committees. The Municipality and Town Committees having women as Chairman shall be so rotated that this percentage is preserved:

"Provided that the reservation of Office of Chair­ man in the Municipalities and Town Committees for the Scheduled Castes and the Scheduled Tribes (except women) shall continue for so long as the special repre­ sentation for the Scheduled Castes and Scheduled Tribes continue to be provided foi- in the Constitution of India.” Amendment ^2. In the principal Act, section 34 shall be substi- £>f section 34 r i - > tuted as follows :— "34. Except as otherwise provided in this Act every Chairman and every Vice-Chairman shall hold office fronj the date of his election to the date of the election of the Chairman of the Board after the next general election including the former but excluding the later of these dates and shall be eligible for re-election ” Amendmen t ] $ fn of section 40. , WO-rds, the princmal Act.

bv appointment or” ''filled up” and "by a fresh’ ?n proviso to section 40 the occur h o between the words shall be deleted Amendment '-̂ e Principal Act. in section 41, sub-section (1) of section 41. shall be substituted by the following :— 696 THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 ”(1) If any Chairman or Vice-Chairman of a Board be unable to complete his full term of office cr avails himself of leave granted under section 40, the vacancy caused by his resignation, removal, death or absence on leave shall be filler! up by election and the person be elected shall fill such vacancy for the unexpired portion of the term for which such Chairman or as the case may be, Vice-Chairman would otherwise have continued in office: > _ - • ■ ■ i t ■

Provided that no person appointed under sub-section

(2) of section 11 shall be elec ted as the Chairman or Vice- Chairman.” of'sectfonT? ̂ 15- t î e Pr in c i? a l Act, in section 43 A,—

(1) In the proviso, the words, "the Commissioner” occuring between the words "Town Committee” and s "may on” shall be substituted by the words "The Dire­ ctor of Municipal Administration”.

■-<; e

(2) After the first proviso, the following proviso shall be inserted :

"Provided further that the annual budget of the Board passed in the meeting of the Board shall be approved by the Director of Municipal Administration within 31st, March of the preceding year”.

insertion of jg in the principal Act, after section 48 the following

48A.SeCtl°n new Section as "48 A” shall be inserted, namely :— "48 A. (1) There shall be constituted Ward Com­ mittee consisting of one or more wards but not more than four within the territorial area of a Municipality having a population of 3 (three) lakhs or more.

(2) The territorial area of a Ward Committee in the Municipality shall be contiguous to each other. The area THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 697 of such Ward Committee shajj be notified by the State Government within three months from the d'ate of re­ ceipt of proposals in this regard from the concerned Municipal Board.

(3) The total number of members of each such Ward Committee shall not be more than eight consisting of four Ward Commissioners and four other representing in­ terest groups, leading citizens of the concerned Ward who may be nominated by the Deputy Commissioner of District in which the Municipality is located.

(4) The Chairman of the Ward Committee shail be elected from amongSf the elected members of the Ward Committee.

(5) The Ward Committee Will mainly look after the needs of the residents in more intimate manner making it unnecessary for the residents to go to the Muni­ cipality.

(6) The decision of the Ward Committee with regard to election of schemes for development in the area shall be bind'np — ’’m part of the Municipality while such schemes are taken up for execution by the Board subject to Budget provision.

(7) The tenure of Ward Committee shall be co-terminus with the tenure of the Municipal Board and on dis­ solution of the Municipal Board the Ward Committee shall automatically stand dissolved”.

Amendment 17. In the principal Act, in section 58, in sub-secof section58^.^ after clause (c) anew clause shall be inserted as clause Id), namely :— vfifn b Y ■ d '•(d) A ir such sums as the State Government may sanction as grants-in-aid from time to time subject to such terms and conditions as may be specified.’ -eq . . ;

Amendment ^g j principal Act, in section 60, (1) in sub-section (1), clause (a) and (b) shall be substituted as follows : — 698 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 "(a) Firstly, such sum as may be required to meet the charges of its own establishment inclu­ ding in the case of Government Officers whose ser­ vices are wholly or partly employed by the Board, the payment of such contribution to the pension, gratuity, provident fund and leave allowances may be required by the conditions of their servi­ ces under the Government to be made by them or on their behalf ;

(b) Secondly, such sum as may be required for the payment of, and the payment of interest on, or any loan incurred under the provisions of any lav

(2) In sub-section (2), for the words "Commr ssioner of Divisions” occuring between the words 'sanction of the” and the words "outside the * Municipality” the words "Director of Municipal Administration” shall be substituted. ¥ Amendment 19. I n t h e principal Act, in section 61, for the of «ection 6iwords ’ five hundred rupees”, occuring between the words "not above” and "shall be signed” by the words "five thousand rupees” shall be substituted.

Am ndment 20. In the principal Act, in section 148,— of lection 148

(1) subjection (1) and (2) shall be substitu­ ted as follows.— ----------- - - - - - - • a \ ( "(1) The Board, if decided in a meeting, may use their own land or land with building or land purchased, taken on lease or otherwise acquired with or without building for the purpose of esta­ blishment of a Municipal Market, Bus Stand, Truck Stand, Taxi Stand, Auto Stand and Parking yard for improving any existing Municipal Mar­ ket, Bus Stand, Truck Stand, Taxi Stand, Auto- Rickshow or Rickshow Stand and Parking Yard.

THE ASSAM GAZETTE, EXTRAORDINARY, j jA Y 6, 1994- 699

(2) The Board, if decided at a meeting may levy rent, tolls and fees at such rates as it may think proper for the right to expose goods for sale in a Municipal market and for the use of Shops, Stalls and Standings therein and also in respect of parking lots and may also regulate such rates in respect of private markets or places used or de­ clared by the Board as a market place, parking lot by public notice In the locality.”

(2) In sub-section (3) tKe words "and parking lots” shall be inserted in between tlie words 'Municipal market” and "at the rates.” k ’" .. . . . . . i

(3) In sub-section (5), for the word "fifty” occuring between the words "extent to” and "rupees”, the v o;ds, "two thousands, shall be substituted.

(4) In sub-section (7), for the word "fifty” occuring between the words "not exceeding” and "rupees” the words "two hundred” shall be substituted. .

Amendtunent of section

293.

21- In the principal Act, in section 293, the words "The Director of Municipal Administration” shall be inserted in between the words "The Deputy Commissioner” and "The Sub-Divisional officer”. r ofinCs<d“ion 2 2- I n t h e Principal Act, in Section 296, the

296. words "The Director of Municipal Administra­ tion” shall be inserted in between the words, "The Deputy Commissioner” and "The Additional Deputy Commissioner”.

of 2 3‘ Principal Act, in section 296 A, 296A- ' ’ in'sub-section (1), between the words "the Depu­ ty Commissioner” and "shall see that”, the words "The Director of Municipal Administration” shall be inserted.

700 THE ASSAM GAZETTE, EXTRAORDINARY. MAY 6, 199424. In. the principal Act, in section 298, the 298. e u1' existing provision shall be substituted as follows '■"298, Power to dissolve the Board in case of incompetence, defaults or abuse of power —If, in the opinion of the State Government, any Board is not competent to perform or persis­tently makes default in the performance of the dunces impd'sed on the Board by or under this Act or otherwise by law or exceeds or abuses it's power rr m the event ‘Of failure on the part of the Bfi'e'rd to p: Ovide such services as the State Government may, by notification in the Official Gazette, declare to be the essestial Servi­ces, the State Government after giving the M uni­cipal Board a reasonable opportunity of being heard, may by notification, stating the reasons for so doing, declare such Board to be incompe- /tent or in default or to have exceeded or abused its power as the case may be. and dissolve the Board and hold election within a period of six mpnths from the date of dissolution.”Snbstiuiioi 25. In the principal Act, section 299 shall be <f seCi299. substituted aS follows namely : —Co.isequ .'xe "299. When an order of dissolution has been ordisw.uuo ) passed under section 298, the following consequen­ces shall ensue:—(a) all Commissioners of the Board shall, as from the d^te of the order of dissolution, vacate their offices as such Commissioners ;, . (b) all powers and duties which under thisAct may be exercised anci performed by the Board whether at a meeting or otherwise shall, during the period of dissolution he exercised and perfor­med by such person as the State Government may direct till Commissioner and Chairman are elected :Provided that ’the officer so appointed after dissolution of the Board shall obtain prior appro­val of the Director of Municipal Administration THE ASSAM GAZETTE, EXTRAORDINARY.. MAY 6. 1994 791 v on the matter on which but for the dissolution, the decision of the Board is necessary.

(c) all properties vested in such Board shall during the period of dissolution vest 'in the State Government.” ofTecVn'ioi 26. In the principal Act, in section 301, the clause (vii) fl) of the sub-section (2) shall be deleted.

Amendment of section

335.

27- In the principal substituted as follows Act, section 335 shall be Amendment of section

336.

Deletion of Schedule-I.

Repeal and »avingt "335, (1) There shall be established for each of the area notified under section 334 (1) (defined as transitional area in article 243 of the Constitution of India) a Committee for the purposes of clauses (a) and (b) of sub-section (1) of section 336 consisting of such number of members as may fix by the State Government from time to time.

(2) A Committee established under this section shall be called a Town Committee.”

28. In the principal Act, in Section 336, in clause (d) of sub-seotion (1) the figures "11 (2), 11 (3), 12 and 13” shall be inserted in appropriate places.

29. In the principal Act, the Schedule I shall be deleted.

30. (L The Assa-11 Municipal (Amendment) OrdinancC) 1994 js hereby repealed- Assam Or di.

nance No VJTof 1994-

(2) Notwithstaolmg such repeal, any order passed, ratifi­ cation frsued, anything done or any action taken under the Ordinance so repealed shall be deemed to h w e been passed, issued, done or taken under the corresponding provisions of the principal Act as srrended by this Act.

K- LASKAB, Secretary to the Govt- of Assam, Legislative Deparlment.

GUW AHATI -Printed & Published by the Dy. Director (P) Diretorate of Ptg. & Sty. Assam, Guwahati 21 ("x-Gazette) No. 99-1,005-5,000-6-5-94.