The Assam Municipal (Amendment) Act, 2003

Registered No. - 768/97 'SRR 5811^ THE ASSAM GAZETTE ®pmrr<q- EXTRAORDINARY SfT'3 <>4^ PUBLISHED BY AUTHORITY ^?58 27 2003, 6 F’o, 1925 (*1̂ ) No.58 Dispur, Thursday, 27th March, 2003, 6th Chaitra, 1925 (S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH NOTIFICATION —ii, y The 28th March, 2003 No. LGL.138/96/45.-- The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information : 504 THE ASSAM GAZETTE, EXTRA ORDINARY. MARCH 27, 2003 ASSAM ACT NO II OF 2003 (Received the assent o f the Governor on 26th March, 2003) THE ASSAM MUNICIPAL (AMENDMENT) ACT, 2003 AN ACT further to amend the Assam Municipal Act, 1956. Preamble Short title, extent and commencement Whereas it is expedient further to amend the Assam M unicipal Act, 1956, hereinafter Assam Act referred to as the principal Act, in the manner °f hereinafter appearing ; It is hereby enacted in the Fifty-fourth Year o f the Republic o f India as follows : 1. (1) This Act m ay be called the A ssam Municipal (Amendment) Act, 2003. (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. insertion of 2. In the principal Act, after section 12., the new section ” following new section shall be inserted 12A- namely “ 12A. Municipal Election to vest with State Election Commission. (1) The Superintendence, direction and control o f the preparation of electoral rolls for, and the conduct o f all e lec tio n to the M unicipalities and Town Committees shall be vested in the State E lection C om m ission co n stitu ted by the Government o f Assam. (2) The State Government shall when so requested by the State Election Com m ission make available to the State Election Commission such s ta ff as m ay be necessary for the discharge o f the functions this Act.” Substitution 3. in the principal Act, for section 14, the o f following section shall be substituted, namely Section 14. “ 14. Qualifications for registration in an electoral roll. THE ASSAM GAZETTE, EXTRA ORDINARY MARCH 27, 2003 505 (1) A person who - (a) is a citizen of India ; (b) is not less than 18 years of age on the qualifying date ; and (c) is ordinarily resident in a Municipal a rea ; shall be entitled to be registered in the electoral roll for that Municipal area. (2) A person shall not be deem ed to be ordinarily resident in a ward on the ground only that he owns, or is in possession o f a dw elling house there in . A p e rso n absenting himself temporarily from his place o f ordinary residence shall not be reason thereof cease to be ordinarily resident therein. (3) No person shall be entitled to be registered in the electoral roll for any municipality if his name has already been registered as a voter in the electoral roll for any other Municipality or Town Committee. (4) No person shall be entitled to be registered in the electoral roll for more than one ward. . ~ (5) No person shall be entitled to be registered in the electoral roll i f he suffers from any disqualifications under section 16 o f the Representation o f the people Act, 1950. Provided that the State Election C om m ission shall take the cu rren t Assembly electoral roll prepared under the Representation o f the people Act, 1950 as the basis for preparation o f draft electoral roll for the wards or such part o f the wards in a M unicipality or Town Committee falling within the Assembly constituency. Central Act 43 of 1950. Central Act 43 of 1950. 506 THE ASSAM GAZETTE, EXTRA ORDINARY. MARCH 27, 2003 Amendment of section 301. 4. E xplanation “qualify ing d a te” in relation to the preparation or revision o f every electoral roll under this section, means the 1st day of January o f the year in which it is so prepared or revised”. In the principal Act, in section 301, in sub­ section (2), in clause (i), in between the w ords “ reg is tra tio n o f v o te rs” and “qualification of candidates”, the following shall be inserted, namely “the manner and procedure for preparation finalisation and publication o f electoral ro lls for the M unicipality and Town Committees” . S. K. SINHA, GOVERNOR OF ASSAM K. D. PHUKAN, Secy, to the Govt, o f Assam, Legislative Department. GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty., Assam, Guwahati-21 (Ex-Gazette) No. 115-500-600-27-3-2003.