The Assam Municipal (Amendment) Act, 1965

The 13th May 1967 ASSAM ACT II OF 1966 ^Received the a ssen t o f th e Governor on the 8th January, 1966) TI-IE ASSAM MUNICIPAL (AMENDMENT) ACT, 1965 [Published in the Assam Gazette Extraordinary, dated the 10th January, 1966]. An Act further to am end th e A ssam M unicipal Act, 1956 Preamble Whereas it is expedient further to amend the Assam Assam Act Municipal Act, 1956, hereinafter called the principal x v ° - ’ Act, in the manner hereinafter appearing ; It is hereby enacted in the Sixteenth Year of the Republic of India as follows:— Short title, extent and commence­ ment. kniendment of section 3 of Assam Act XV of 1957. 1. (1) This Act may be called the Assam Municipal (Amendment) Act, 1965. (2) It shall have the like extent as the principal Act (3) It shall come into force on such date as the State Government may, by not fication in the Official Gazette, appoint. 2. After clause (8) of section 3 of she principal Act, the following shall be inserted as clause (8a), namely :— I “ (8a) ‘Cattle’ shall mean and include oxen, bulls, cows, goats, sheep, horses, buffaloes, asses, mules and donkeys excluding those covered by section 68(1) (g).” 3. For sub-section (1) of section 26 of the principal °ofe Assam ^ c t ’ t l̂ e f°^o w n̂ 8 shall *, e substituted, namely : — Act XV of 19s7. “ (I) Except as otherwise provided in this Act, the term of the elected and appointed Commissioners shall be four years from the date of the first meeting of the newly con­ stituted Board after a general election at which a quorum is present ®r till the expiry of the period by which the term is extended under sub-section (4), whichever is later. Election shall be held before the expiry of the term but not earlier than three months before such expiry.” Amendment Price : lb paise or 3 d. Amendment 4. j n section 27 of (he principal Act,— of section 27 r of Assam Act X V of 1957. (1) at the end of sub-section (2), the following sentence shall be added, namely :— “ The G .airman shall cease to hold office on his laying such notice.” (2) For sub-section (3), the following shall be substituted, namely:— “ (3} A Vice Chairman or a Commissioner may resign by writing under his hand addressed to the Chairman and thereupon the Vice- Chairman or the Commissioner, as the case may be, shall be deemed to have vacated the office as such. The Chairman shall forthwith inform the Deputy Commissioner or the Subdivisional Officer, as the case may be, of the resignation and also inform the next meeting of the Municipal Board or Town Committee of such fact.” (3) Sub-section (4) shall be deleted. Amendment 5- In sub-section (2) of section 28 of the principal of section 28 Act, for the words ‘two-thirds” appearing between of Assam the words “ less than” and “of the” the word “ half” ^ 7 o f shall be substituted. 6. For sub-sections the t Amendment of section 33 p r j n c ip a ] A c t of Assam „Act X V o f n a m e ly :— 1957. (21 and (4) of section 33 cf the following shall be substituted, “ (2) At the first meeting of the Municipal Board after a general election, called at the instance of the Deputy Commissioner or the Subdivisional Officer, as the case may be, the Commissioners shall elect one from amongst themselves, who is not an officer of Government appointed under sub-section (2) of section 11, to be the Chairman. The election shall be subject to the approval of the State Government but pending such approval the person elected shall be competent to discharge the duties of the Chairman: Provided that when the first meeting is dissolved by the President without transacting any business on ground of irregularity in the convening of the meeting the next meeting will be deemed to be the first meeting for the purposes of this section as well as for the purposes of the Second Schedule. 3 (4) When the Commissioners fail to elect a Chair­ man or a Vice-Chairman under the preceding sub­ sections, the State Government shall appoint by name one of the Commissioners to be Chairman or Vice- Chairman, as the case may be, or direct the Deputy Commissioner or the Subdivisional Officer, as the case may be, to fix another date for the purpose of electing the Chairman or the Vice-Chairman as the case may be, and the meeting held on the date so fixed shall be deemed to be the first meeting for the purposes of this section as well as for the purposes of the Second Schedule; Provided that when the State Government so *■ thinks fit, it may appoint a Government Official to be Chairman or Vice-Chairman, as the case may be.” Substitution 7. For section 41 of the principal Act, the following of section 41 shall be substituted, namely :— of Assam Act XV of 19 57. Y * Filling of casual vacan­ cies of Chair­ man and Vice-Chair­ man. 41.(1) If any Chairman or Vice-Chairman of a Board be unable to complete his full term of office or avails himself of leave granted under section 40, the vacancy caused by his resignation, removal, death or absence on leave shall be filled by appointment ’ or election, as the case may be, and the person so appointed or elected shall fill such vacancy for the unexpired portion of the term for which such Chair­ man or Vice-Chairman would otherwise hsve continued in office or during the absence on leave, as the case may be. The election shall be subject to the approval of the State Government, but pending such approval the person elected shall be com­ petent to discharge the duties of the Chairm an: Provided that no officer of Government appoint­ ed under sub-section (2) of section 11 shall be elect­ ed as the Chairman. (2) Tn case of vacancy in the office of the Chair* man, the Vice-Chairman, and in the case of vacan­ cy in the office of the Vice-Chairman, the Chairman, shall call a meeting so as to complete the election within 45 days of the occurrence of the vacancy. I f the Chairman or the Vice-Chairman, as the case may be, fails to call the meeting, the Deputy Commissioner or the Subdivisional Officer, as the case may be shall call the meeting. 4 (3) In case of such a meeting for the election of the Chairman, the Vice-Chaiiman shall preside unless he is himself a candidate for election as Chair­ man or for other reasons intimates to the Deputy Commissioner or the Subdivisional Officer, as the case may be, in writing his inability to preside. In such an event any Commissioner who is not a candi­ date for the office of the Chaiiman as may be nomi­ nated in the form prescribed in the Third Schedule by the Deputy Commissioner or the Subdivisional Officer, as the case may be, shall preside. (4) In case of such a meeting called for the election of the Vice-Chairman, the Chairman shall preside unless there is vacancy in the office of the Chairman in which case any Commissioner who is not a candidate for the office of the Vice-Chairman as may be nominated by the Deputy Commissioner or the Subdivisional Officer, as the case may be, shall preside.” Amendment 8. For sub-section (3) of section 43 of the principal of section 43 Act, t he followins shall be substituted, namely :— of A s s a m ' Act XV of 1957. j‘(3) If the Chairman or the Vice-Chairman fails to call a special meeting to meet with­ in twenty days after any such requisition has been made, the meeting may be called by the persons who signed the requisition.” Insertion of 9. After section 43 of the principal Act, the follow- section43 A ;n g j) e inserted as section 43 A, namely :— m A ssam ' Act XV of 1957. “Annual 43 A. A Municipal Board shall pass the Annual Budget Budget Estimates for the next financial year before the end of the preceding financial year: Provided that when the failure to pass th ■ Budget as aforesaid is due to causes beyond the control of a Municipal Board or Town Committee, the Commis­ sioner may on application by the Municipal Board or Town Committee give such extension of time as he may deem necessary to pass the Budget,” Amendment 10. After the proviso to section 45 of the principal of AC s tls°a m A c t ’ t l l e f o U o w i n 8 ’had be v - r!ed as an Explanation, Act XV3 namely 1957. ‘‘Explanation.—To decide the issue by “drawal of lot” the President shall draw lots amongst them by writing the names of the candidates in two sheets of paper, rolling up the papers into balls and getting one of the balls picked up by some disinterested person, who has not seen the writing of the names in the papers, from a receptacle where both the papers (rolled up into balls) have been placed,” SectionU t"4G ° f ^ o r section 46 of the principal Act, ti e follow- o f Assam in g shall be substituted, namely : —• Act XV of 1957. ‘•Quorum 46. No bu s jn e s s s )i a l[ be transacted at any meeting of the Board unless such meeting has been called by the Chairman or Vice-Chairman, or, under sub-section (3) of section 43, by persons signing a requisition, nor unless a quorum shall be present. (2) The quorum necessary for the transaction of business at a meeting shall be one-half of the total number of Commissioners of the Board when any of the following subjects are to be disposed of at such meeting— (i) scale of establishment and salaries, (ii) (he framing of bye-laws under secti n 302 and of subsidiary rules under section 306 of the Act, (iii) the annual budget estimate, (iv) the appointment or the fixing of the pay or allowances of a paid Secretary, Engineer, Water Works Superintendent, Health Officer, Assessor or Executive Officer, » (v) imposition of taxes, fees and tolls under section 68, (vi) the election of Chairman or Vice-Chair­ man, (vii) the raising of a loan, (viii) the subject of a meeting specially convened as provided in section 8, fix) any other subject prescribed by a subsi­ diary rule made in this beh alf by the Board under the provisr n of section 306 (1). (3) For ell other business the quorum shall be one- third of the total number of Commissioners : Provided that in cases where the whole number of Commissioners is not evenlv divisible bv three, the one- third shall be ascertained by taking the number next above the whole number which is evenly divisible by three, as the number to be divided. 6 (4) If at any meeting the prescribed quorum is not present, the meeting shall stand adjourned to some future day to be appointed by the President and three days’ notice of such adjourned meeting shall be given. <r5 (5) The Commissioners present at such adjourned meeting for transaction of business other than those mentioned in sub-section (2) shall form a quorum whatever their number may be.” Substitution 12. For section 63 of the principal Act, the following of section 63 shall be substituted, namely:— of Assam Act x v of e 1957. w “Power to 63. (1) A Board may, at a meeting, decide to purchase, purchase or take on lease or by gift any land for the se^nanda n d Pu r Po s e s this Act, with the approval of the State Government, (2) No Board shall sell, let, exchange or other­ wise dispose of any land vested in it under section 62, except with the sanction of the State Government.” Amendment 13. In section 68 c>f the principal Act, in sub-section of section 68 nV _ of A s s a m ’ Act XV of 1957. (1) in item (h), the semi-colon occurring after the word “ dogs” shall be deleted and the words “ and cattle” followed by a semi-colon shall be inserted ; (2) for item (i), the following shall be substituted namely:— “ (i) a fee on boats including steam boats, and other vessels mooring within the municipality (3) for item (k), the following shall be substituted, namely:— “ (k) a betterment fee on holdings in any area of which value has increased due to improvement schemes completed at Board’s cost (4) for item (1), the following shall be substituted, namely:— “ (1) fees for setting up and maintenance of fire brigade;” 1 (5) for item (m), the following shall be substituted, namely;— “ (m) fees for conductinsr at the cost of the Board, any scheme of social service for the improvement of public health Insertion of 14. After section 68 of the principal Act, the follow- section 68A ing shall be inserted as section 68A, namely :— in A s s a m Act XV of 1957. “ Taxes for 68A. Every Board within whose area public utility providing services such as electricity, water supply, sanitation ; t'^Services* a r e PrO 7 ided shall levy, within four months of the c c s* providing of such service or services or within four months of the coming into force of this section, whichever is later, a tax on the holdings covered by such service or services expressed as a percentage of the tax assessed under section 68(1) (a) : Provided that the tax or taxes levied under this section shall be so regulated that the net proceeds may not exceed the gross cost of providing the service or services.” Amendment 15. In sub-section (4) of section 72 of the principal °f “ c s ,’°n Act, for the words ‘ exceeding thirty-three and one Act XV of third” occurring between the words “not” and 1957. “ per cent urn” the words “less than fifty” shill be substituted. Amendment 1®. In Chapter V of the principal Act, after the of heading words “dogs” occurring in the-heading “Registration in Chapter o f dogs” the words “ and cattie” shall be inserted. V of Assam Act XV of 1957. £ Amendment 17. In section 128 of the principal Act,— of section ' 128 of Assam Act XV of 1957. (1) between the word “ dogs” and “ shall” the words “or cattle” shall be inserted ; (2) the comma occurring after the word “dog” occurring for the second time shall be deleted and the words “or cattle” shall be inserted between the words “dogs” and “which” . Amendment 18. In section 130 of the principal Act, between of section die words “ dogs” and “ shall” the words “or cattle” Act ° x v Siof b e in s e r l e ^- 1957. Amendment 19. f n section 131 of the principal Act, between 131 Sof Assam ^ l e w o r ^s “ dogs” and “ which” the words “ or cattle” Act XV of shall be inserted and for the word “ has” occurring 1957. afteT the word “ which” the word “ have” shall be substituted. Amendment 20. In section 132 of the principal Act,—*of section 132 of Assam ... , , , ,, ... , Act XV of (1) between the words “ dog and “ is the 1957. word “ or cattle” shall be inserted ; (2) for the words “four annas” occurring between the words Exceeding” and “ shall” the words “ twenty- five paise” shall be substituted. of’sect'To'1̂ 21. In section 133 of the principal Act, between the 133 of Assam words “ dog” and “ r ot” the words “ or cattle” shall be 5ct XV of substituted 1957. Ar f en^ 'U <̂m 22. s e c t 'o n ^61 of fhe principal Act, after sub- 161 of Assam s e c t i°n <f3) the following shall be inserted as sub-section Act XV of (4), namely— 1957. “ (4) The expenses incurred for removal under sec­ tion 159 and sub-section (2) of this section shall unless paid by the owner or the occupier be recovered by sale of the materials so removed. If the sale proceeds do not cover the expenses, the portion not so covered shall be realised, in case of section 159 from the person who erected the same and in case of sub-section (2) of this section from the owner or the occupier, as arrears of municipal tax. The surplus of sale proceeds, if any, shall be credited to'the municipal fund ” Amendment 23. In section 171 of the principal Act,-^ of section 171 of Assam Act XV of 1957. (I) at the end of sub-section (1), the proviso shall be added, namely :— following “ Provided that in an area in respect of which Assam Act an authority has been constituted under the Assam Ilof I960, Town and Country Planning Act, 1959, the power of giving sanction to erect, materially alter or re­ erect or commence to erect, materially alter or re-erect any building shall vest in that authority and the sanction given by that authority shall be deemed to be a sanction of the Board (2) in sub-section (4), for the word and figure “ Rs. 10,000” the word and figure “ Rs.5,000” shell be substituted. 9 Amendment 24. After the explanation to sub-section (2) of ot Assam Act s e c t ’o n 174 of the principal Act, the following shall XV S' 1957. be inserted as sub-sections (3) and (4), nam ely:— O “ (3} In giving permission for the building it shall be obligatory for the Board to con­ form to the land use pattern and zoning plan prepared by or under the authority of the State Government. " *rC (4) The Board shall prepare within a specified period, to be decided upon by the State Government, road classification and road offset line and in giving building or land use permission the Board shall conform to the road classification and road offset line and shall carry out the planning directions given by the State Government. Explanation—Road offset line means an uniform distance measured from the centre of the road and prescribed on either side of the road as the line beyond which only any construction of house, wall or other fixtures is permissible.” Insertion of section 263A 25. After section 263 of the principal Act, the in Assam Act following new section with the heading shall be XV of 1957. inserted as section 263 A, namely : — “ In d u s tr ia l und ertak in g Industrial 263 A. The Board may undertake Industrial p r o undertaking grammes sponsored or aided by the Khadi and Village Industries Commission or the State Khadi and Village Industries Board, and other industries with prior approval of the State Government.” Substitution 26. For section 293 of the principal Act, the follow- of section 293 jn g shall be substituted, namely:— „ of Assam Act ’ ’ XV Of 1957. “ Control by 293. The Commissioner of Division, the Deputy C o m m is - Commissioner, the Sub-Divisional Officer or any other Sioner, etc. officer specially appointed by the State Government by general or special order, may at all times— (i) enter into and inspect, or cause any other person to enter into and inspect— (a) any municipal office and affairs of, or (b) any immovable ̂ property in the occupation of, or (c) any work in progress under, or 10 (d) any institution under the control and .-f administration of the Board; and (ii) call lor and inspect any book or docu­ ment which may be, for the purpose of this Act, in the possession or under the control of the Board.” Amendment 27. In section 296 of the principal Act, between * of section the words “ order or act” and “ is in excess” the A c ^ x y 8™ following shall be inserted:— 1957. “militates against the fundamental rights con­ ferred by Part HI of the Constitution of India and the State Policy on the Directive Principles laid .*■ down in Part IV of the Constitution of India.” Substitution 28. For section 298 of the principal Act, the of section following shall be substituted, namely:— 298 of Assam 6 ’ 7 Act XV of 1957. “ Power to 2 9 8 . If, in the opinion of the State Government supersede or a n y Board is not competent to perform, or persis- ard°*ine case t e n t ^y makes default in the performance of the of incompe- duties imposed on the Board by or under this Act tence, de- or otherwise by law, or exceeds or abuses its powers, fault or abuse o r in the event of failure on the part of the Board cf powers. t o p r o v |d e s u c n services as the State Government may, by notification in the official Gazette, declare to be essential services, the State Government after­ giving the Municipal Board an opportunity for sub­ mitting an explanation in regard to the matter may, by notification, stating the reason for so doing, declare such Board to be incompeient, or in default, or to have exceeded or abused its powers, as the case may be, and supersede the Board for a period not exceeding one year at a time or dissolve the Board and order a fresh election as soon as possible; Provided that nothing in this section shall be deemed to required the State Government to give a personal hearing to the Board before any order is passed under this section.” Amendment 29. For sub-section (1) of section 299 of the principal of section A c t th e following shall be substituted, namely:— 299 of Assam 6 ’ 7 Act XV of 1957. “ (1) When an order of supersession or dissolu­ tion has been passed under the preceding section, the following consequences shall ensue ;— (a) all the Commissioners of the Board shall, as from the date of the order, vacate their offices as such Commissioners ; 11 J . (b) ali the powers and duties which under this Act may be exercised and performed by the Board, whether at a meeting or other­ wise, shall, during the period of super- session or in case of dissolution till the new Commissioners and the Chairman are elected or nominated, be exercised and per­ formed by such person or persons as the State Government may direct ; (c) all property vested in such Board shall during the period of supersession or dis­ solution, as the case may be, vest in the State Government.’' Amendment 30. In section 336 of the principal Act,— of section 336 (i) for clause (d) of sub-section (1), the following X^oT1957Ct be substituted, namely:— “ (d) extend to any notified area the provisions of any section of this Act subject to such restrictions and modifications, if any, as the State Government may think fit, except the sections stated below which will automatically apply to the notified areas:— 3, 4, 5, 6, 7, 9, 13 14, 15, 16, I7, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 34 (1), 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 50, 51, 52. 54, 55, 56, 5 ;, 58, 60(1), 60(2), [except clauses (XI), (X II), (X III), (XV), (XVI), (XVII , (XXV), (XXVI)], 61, 62(1), 63, 64, 65, 66, 67, 68(l)(a), (b), (c), (d), ( f ) , (g), (h), (j), (k), (n), 68(2), 68(3), 68A, 69, 70, 71, 72, 74, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 9/, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110,111,112,113,114,115,116,117, 118, 119, 120, 121, 122, 123, 124, 125. 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 263A and the whole of Chapters VI, V II, V 1II, IX and X .” (2) for sub-section (3), the following shall be sub­ stituted, namely ••— “ (3) For the purposes of any section of this Act which may be extended to a notified area, or which applies to the notified areas automatically, the Town Committee constituted for such an area undet section 335 shall be deemed to be a Municipal Board under this Act, the notified area to be a Muni­ cipality and the memo er to be a Commissioner.” Amendment In Second Schedule to the principal Act,— of Second Schedule to Assam Act XV of ii'57. (1) in Rule (1), between the words “ Deputy Commis­ sioner” and “may” the words “ or the Subdivisional Officer, as the case may be,” shall be inserted. (2) in Rule (2), between the words “ Deputy Com­ missioner” and “shall” the words “or the Subdivi­ sional Officer, as the case may be,” shall be inserted. Insertion of 32. After the Second Schedule to the principal Third Sche- Act, the following shall be inserted as the Third t o Schedule, n a m e ly :- XV oi 1957. “The Third Schedule (See section 41) Form of nomination Whereas the meeting of the....... ........... Municipal Board/^.Town Committee is scheduled to be held on ................................ for the election of the Chairman of the Municipal Board/^-Town Committee, and whereas the Vice-Chairman of the Municipal Board/+ Town Committee is likely to be a candidate for the office of the Chairman and/or *has intimated in writing his inability to preside over the meeting. I, therefore, nominate Shri/Shrimati........................... a Commissioner of the Municipal Board/*Town Committee to preside over the said meeting. In case the Vice-Chairman does not become a candidate for the office of the Chairman, or expresses willingness to preside .over the meeting this nomination will automatically be inoperative. Furthermore, in the event of Shri/Shrimati................ ................... . (the Commissioner nominated) becoming himself/herself a candidate for the office of the Chair­ man, this nomination will automatically be inoperative. Deputy Commissioner Subdivisional Officer •Strike out which does not apply.” AGP (LA) 315/67—-930—31-5-67.