The Gauhati Municipal Corporation Act, 1969

ASSAM ACT I OF 1973 "“deceived the assent o f the President on the 1st January, 1973) THE GAUHATI MUNICIPAL CORPORATION ACT, 1969 [Published in the Assam Gazette, Extraordinary, dated the 18th January, 1973] Arrangement of Sections PART I P relim inary Sections 1 Short title, application and commencement. 2 Repeal of enactments-and savings. 3 Definitions. PART II CHAPTER II * Municipal Authorities. 5 Constitution of the Corporation. 6 General powers of the Corporation. 7 Matters to be provided by Corporation. 8 Discretionary functions of the Corporation. 9 Standing Committees and Commissioner to give effect to resolutions of Corporation, 10 Power of Corporation to call for extracts of proceedings, etc. 11 Power of Corporation and Standing Committee for requisition of Commissioner’s records. 12 Appointment of Joint Committees. 13 Duties and powers of individual Councillor. 2 Mayor and Deputy Mayor Sections 14 Mayor, Deputy Mayor or Councillor uot to receive remuneration. 15 Election of Mayor and Deputy Mayor and Chairman. 16 Resignation of Mayor. 17 Prerogatives of Mayor. 18 Functions of Mayor. 19 Functions of Deputy Mayor. The Standing Committees 20 Constitution of Standing Committees. 21 Election of Standing Committees. 22 Function of Standing Committees. 23 Special powers of Standing Finance Committee. 24 Constitution of references to Standing Committee. * 25 Delegation of powers to Commissioner by Standing Committee. 26 Election of Chairman and Deputy Chairman. 27 Term of Chairman and Deputy Chairman. 28 Resignation of Deputy Chairman and members of Standing Committee. The Commissioner t 29 Appointment of Commissioner. 30 Power and function of the first Commissioner. 31 Salary and allowances of Commissioner. 32 Leave of Commissioner. 33 Appointment of officiating Commissioner in case of death, resignation or removal. 34 Power of Commissioner. 35 Emergency power of the Commissioner. 3 ?ection f 36 Custodian of records. 37 Delegation of Commissioner’s ordinary power. 38 Powers of Commissioner exercisable with the approval uf standing Committee. 39 Reservation of control in respect of power delegated. 40 Delegation of Commissioner’s emergency powers. Administration Report 41 Submission of annual administration report to Government. CHAPTER I II Election of Councillors 42 Declaration of local areas as Gauhati city. 43 Delimitation of wards, 44 Power to alter or amend delimitation orders. 48 Election of Councillors. 46 Qualification for Gouncillorship. 47 Disqualification for Councillorship of Corporation. 48 Disabilities from continuing as Councillor. 49 Right to vote and method of voting. 50 General elections of Councillors. 51 Notification for election of Councillors. 52 Vacancy in the office of Councillor. 53 Procedure if election fails or is set aside. 54 Procedure on failure of election in case of equality o' vou s 55 Term of office of Councillor. 56 Publication of results of election, 57 O ath or affirmation by Councillors, 58 Rosi nation ©f Councillor, 4 Trial o f Election Petitions — Sections 59 Definitions. 60 Election petitions. 61 Appointment of District Judge. 62 Grounds for declaring elections to be void. 63 Decision of the District Judge. 64 Appeals from the orders of District Judge., 65 Execution of orders as to costs. 66 Maintenance of secrecy of voting. CHAPTER IV Municipal Officers and Staff 67 Appointment of officers of the Corporation. 68 Powers and duties of Municipal Secretary. 69 Schedule of posts. 70 Persons not included in the Schedule not to be appointed. 71 Authority empowered to make appointment. 72 Appointments to be made on the recommendation of the Municipal Service. Commission. 73 Constitution of Municipal Service Commission. 74 Powers of Standing Finance Committee to make regulations. 75 Punishment of Municipal officer or staff. CHAPTER V Conduct o f Business, Transaction of Business by the Corporation and Standing Com m ittee 76 Meetings. 77 First meeting after general election. 78 Notice of meeting and business. 79 Vote o f majority decisive. 5 Settitnj 80 Presiding Officer at meeting. 81 Presiding Officer at meeting for election of Mayor. 82 Provisions as to Councillors having pecuniary interest in any contract, etc., with Corporation. 83 Meeting to be ordinarily open to public. 84 Quorum. 85 Power of Corporation to make rules. 86 Special Committees and other Committees. 87 Provisions relating to Special Committees. 88 Presiding Officers at meetings of the Standing Committees. 89 Conduct of business at meetings of Standing Committees. 90 Sub-Committees of Standing Committees. Minutes and Reports of Proceedings 91 Keeping of minutes and proceedings. 92 Forwarding of minutes and report of proceedings to State Govern­ ment. 93 Validation of acts and proceedings. Works and Contracts 94 Execution of works. 95 Power of Commissioner to sanction estimates not exceeding Rupees five thousand and fifty thousand. 96 Estimate exceeding Rupees fifty thousand. 97 Certain provisions relating to execution of contracts. 98 Manner of execution. 99 Tender. 100 Security for performance of contract. CHAPTER VI Municipal Property and Liability Stttioiu 101 Acquisition of property. 102 Acquisition of immovable property by agreement. 103 Procedure when immovable property cannot be acquired by agreement. 104 Provisions governing disposal of Municipal property. 105 Decision on claims to property by or against Corporation. 106 Property vested in Corporation. 18? Map of immovable property. 108 Resumption by Government. 109 Management of public institutions. PART III CHAPTER VII Finance The Municipal Fund 110 Municipal Fund. 111 Receipt of moneys and deposit in Bank. 112 Application of Municipal Fund. 113 Drawal of the Municipal Fund. 114 Restrictions on expenditure from Municipal Fund. 115 Procedure when money not covered by budget grant is expended. 116 Payments from the Municipal Funds for works urgently required for the public service. 117 Investment of surplus money. 118 Constitution of special funds, 1 CHAPTER VIII Budget Estimates Sections 119 Estimates of expenditure and income to be prepared annually by the Commissioner. 120 Framing of budget estimates. 121 Power of Corporation to alter budget grants. 122 Power of Corporation to re-adjust income and expenditure during the year. 123 Provision as to unexpended budget grants. CHAPTER IX Borrowing 124 Power of Corporation to borrow. 125 Form and effect of debentures. 126 Payment to survivors of joint payees. 127 Receipt by joint holders for interest or dividend. 128 Maintenance and investment of sinking fund. 129 Application of sinking funds. 130 Annual statement by Commissioner. 181 Power of Corporation to consolidate loans. 182 Priority of payments for interest and repaym ent of loans over other payments. 133 Attachment of Municipal Fund for recovery of money borrowed. CHAPTER X Audit and Accounts 154 Accounts to be kept in a form approved by Standing Committee. 115 Transmission of accounts to Government. 136 Annual administration report and statement of accounts by Corporation. 8 Sections 137 Monthly abstract accounts. 138 Audit of accounts. 139 Commissioner to .submit accounts to Auditors. 140 Powers of auditors to require production of documents. 141 Municipal authorities to remedy defects and report to Government. 142 Examiner to surcharge or charge illegal payment or loss caused by gross negligence, misconduct, etc. 143 Special audit at the direction of Government. PART IV CHAPTER XI Taxation K- V 144 Taxes to be imposed under this Act. 145 Levy of surcharge on tax. 146 Procedure in levying tax, etc. CHAPTER XII The Property Taxes £ 147 Components and rates of property tax. > 148 Exemption from general property tax. 149 Water tax and scavenging tax. / 150 Determination of rateable value of lands and buildings assessable to property taxes. 151 Chaige by measurement in lieu of w ate r tax in certain cases. 9 Sections— 152 Special rates of scavenging charge in certain cases. 153 Incidence of property taxes. 154 Recovery of property taxes from occupiers. 155 Property taxes a first charge on premises on which they are assessed. 156 Assessment list. 157^ Evidential value of ̂ assessment list. 158 Amendment of assessment list. 159 Preparation of new assessment list. » 160 Notice of transfer. 161 Notice of erection of building. 162 Notice of demolition or removal of building. 163 Power of Commissioner to call for information and returns and to enter and inspect premises. 164 Premises owned by or let to two or more persons in severally to be ordinarily assessed as one property. 165 Assessment in case of amalgamation of premises. 166 Employment of valuers. CHAPTER X III * 4# T ax on veh icles, boats and an im als 167 Tax on certain vehicles, boats and animals. 168 The tax on whom leviable. 169 Tax when payable. 170 Power of Commissioner to compound with livery stable keeper etc., for tax. CHAPTER XIV T ax on theatre etc. 171 Theatre tax. 172 Liability to pay theatre tax. 10 CHAPTER XV Tax on advertisement other than advertisement published in the newspapers Srctions— 173 Tax on advertisement. 174 Prohibition of advertisements without permission of the Commissioner. 175 Permission of the Commissioner to become void in certain cases. 176 Presumption in case of contravention. e 177 Power of Commissioner in case of contravention. CHAPTER XVI Duty on transfer of property 178 Duty on transfers of property and method of assessment thereof. 179 Provisions applicable on the introduction of transfer duty, CHAPTER XV II Tax on Professions, Trade* and Callings 180 License to be taken out annually. CHAPTER XV III Octroi O 181 Octroi on goods carried by railway, load or water. 182 Recovery of octroi. 183 Power to make rules. CHAPTER XIX Land revenue. Local rates, Urban Property Tax, Taxes on Entertain­ ment and Betting and Tax on Motor Vehicles collected within the limits of City of Gauhati 184 State Government to pay proceeds of land revenue., 11 Sections— CHAPTER X X P aym ent and R ecovery o f taxes 185 Time and manner of payment of taxes. 186 Presentation of bill. 187 Notice of demand and notice fee. * 188 Penalty in the case of default of payment of tax. 189 Recovery of tax. 190 Power to break open door or window. 191 Warrant of distress, 192 Sale of goods distrained in special cases. 193 Sale outside the city. 194 Summary proceedings may be taken against persons about to leave city. 195 Power to institute suit for recovery. 196 Power of seizure of vehicles and animals in case of non-payment of tax thereon. 197 Occupiers may be required to pay rent towards satisfaction of property taxes. 198 Recovery of tolls and octroi. 199 Writing off irrecoverable taxes. 200 Receipts to be given for all payments. 201 Demolition, etc., of building. 202 Remission or refund of tax on unoccupied immovable property. 203 Power to reduce or remit taxes. 204 Appeal against assessment, etc. 205 Conditions of rights to appeal. 206 Finality of appellate orders. 12 CHAPTER XXI M iscellaneous P rov ision s relating to Taxation Sections— 207 Power to inspect for purposes of determining rateable value a f taxes. 208 Composition. 209 Obligation to disclose liability. 210 Deduction of profession tax from certain Government employees 211 Power to examine article liable to octroi. 212 Power to search where octroi is leviable. - ■ ■ ■ < . I >V’ j 213 Power to fix prescribed limits and penalty for evasion of paymen t of octroi. 214 Extension of taxation limits by agreement. * 215 Taxes not invalid for defect of form. 216 Power of Government to suspend levy of taxes. PART V CHAPTER X X II P ublic H ealth , Safety and C onvenience W ater S upply , D rainage and Sew age D isp osa l 217 General power for supplying water. 218 Supply of water. 219 Making connections with municipal water works. 220 Obligation of owner or occupier to give notice of waste of w at: 221 Responsibility for damage caused by leakage of water. 222 Gutting off of supply to premises. o 223 Power of Commissioner to provide meters. 224 Presumption as to correctness of meters. 225 Damaging water works, misappropriating water and tampering wit meters. 226 Misuse of and leaving open valves and tampering with valves and hydrants. 227 Prohibition of erection of any building which would damage sources of water supply. 228 Prohibition of bathing in or polluting water. 229 Non-liability of Corporation when suppiy reduced or not made in certain cases. 230 Water supply to the public. 13 Drainage and Sewage ;■«&. __ Sections— ■ , .-4 231 ^Cleansing drains. 232 Appointment of places for emptying of drains and disposal of sewage. 233 Provision of land for disposal of sewage. 234 Alteration and discontinuance of drains. 235 Provision of public latrines and urinals. 236 Provision of drains privies, etc., 237 Repairs and closing of drains, privies, latrines, etc. 238 Power of Commissioner to demolish drains, etc., 239 Unauthorised building over drains, etc. 240 Removal of latrine, etc., near any source of water supply. 241 Discharging sewage. 242 Making or altering drains without authority. 243 Power to require removal of nuisance arising from tanks and like. 244 Jttew building not to be erected without drains. 245 Power of owner of premises to place pipes and drains through land belonging to other persons. 246 Obligation of owner or joint owners of drain to allow the use of it to others. d- X 247 How right of use of a drain may be obtained by a person other than the owner. 248 Commissioner may authorise person other than the owner of a drain to use the same or declare him to be a joint user thereof. 249 Power to drain group or block of premises by combined operation. 250 Connecting drains to be constructed at the expense of owners of premises. 251 Power of Commissioner to affix shafts for ventilation of drain or cesspool. 252 Right of Corporation to drains constructed at cost of municipal fund. 14 Sanitary P rov ision s R egulation o f P ublic Bathing, W ashing, etc. Sections— 253 Construction of places for public bathing, etc. 254 Prohibition of pollution of water by steeping animals or other matters, etc. 255 Prohibition of washing of cloth. General P rovision w ith reference to D rainage, W ater Supply and W ater and other M ains T 256 Joint and several liability of owners and occupiers for offence in relation to water supply. 257 Least practicable nuisance to be caused. 258 Powers of carrying wires, pipes, drains, etc. 259 Provision as to wires, pipes or drains laid or carried above surface of ground. 260 Previous notice to be given. 261 Connection with main not to be made without permission. 262 Communications and connections, etc., to be executed subject to inspection by and to the satisfaction of the Commissioner. 263 Troughs and pipes for rain water. 264 Power of access to municipal water works. 265 Compensation for damage. 266 Work to be done by licensed plumber. 267 Control by the Corporation and Standing Committee. 268 Control by Government. C onservancy 269 Deposit of rubbish, offensive matter, sewage and carcasses. 270 Collection and removal of sewage. 271 Collection and temporary deposit of rubbish and offensive matter by occupiers of premises. 272 Prohibition of accumulations of offensive matters. 15 Regulation o f Factories and Trades Sections— 273 Factory, etc,, not to be established without permission of the Com­ missioner. 274 Sanitary regulations of factories, etc. 275 Regulation of dangerous and offensive trades. 276 Premises not to be used for certain purposes without license. 277 Prohibition of pollution of water by chemicals, etc. 278 Inspection of premises used for manufacture, etc. Prevention o f Dangerous D iseases 279 Obligation to give information of dangerous diseases. 280 Powers of Medical Officier of Health to inspect places and take measures to prevent spread of dangerous diseases. 281 Prohibition of use for drinking or for other domestic purposes of water likely to cause dangerous disease. 282 Power of Medical Officer of Health to remove patient to hospital in certain cases. 283 Power of Medical Officer of Health to disinfect building, tank, pool or well. 284 Power of Medical Officer of Health to destroy huts and sheds. 285 Infected building not to be let without being first disinfected. 286 Provision of places for disinfection, washing or destruction of infected articles and power of Commissioner to disinfect or destroy such articles. 287 Infected articles not to be transmitted, etc., without previous disinfection. 288 Restriction on carriage of patient or dead body in public convey­ ance. 289 Disinfection of public conveyance after carriage of paitent or dead body. 290 Power of Corporation to provide special conveyance for patient or dead body. 291 Prohibition of making or selling of food, etc., or washing of cloths by infected persons. 292 Power to restrict or prohibit sale of food or drink. 293 Special measure in case of outbreak of dangerous or epidemic diseases?. 15 Burning or Burial Grounds . r tn j’ » r-y ‘ ■ * . r Stctions— 294 Power to call for information regarding burning and burial grourub. 295 Permission for use of new burning or burial ground. 296 Power to require closing any burning or burial ground. 297 Provision of new places for disposal of dead. Disposal of Dead Animals > Disposal of dead animals. CHAPTER X X II1 PUBLIC SAFETY AND SUPPRESSION OF NUISANCES Nuisances 299 Prohibition of nuisances. 300 Power of Commissioner to require removal or abatement of nuisances. Dogs 301 Registration and control of dogs. Precaution against Fire, etc. 302 Stacking or collecting inflammable materials. 303 Care of naked lights. » 304 Discharging fire-work, fire-arms, etc. 305 Power to require buildings, wells, etc., to be rendered safe. Prevention and Extinction of fire ■ ’ • :O( 306 Maintenance of fire brigade and arrangements for the prevention and extinction of fire. 307 Power of fire-brigade and other persons for suppression of fire. 308 Power to make regulations for fire-brigade, 17 CHAPTER XXIV■f* Markets and Slaughter Houses Sections— 309 What to be deemed municipal markets and slaughter-houses 310 Provision of new municipal markets and slaughter-houses. 311 Municipal markets, slaughter-houses and stock-yards may be closed. 312 Use of municipal markets. * 313 Opening of private markets and private slaughter-houses. 314 Power of Commissioner to license private markets, slaughter- > house and stock-yards. 315 Levy of stallages, rents and fees. 316 Stallages, rents, etc., to be published. 317 Prohibition of business and trade near market. 318 License for dealing in flesh, fish and poultry. CHAPTER XXV Vital Statistics 319 Appointment of Sub-Registrar and Registrars, 320 Duties of Registrar. 321 Information of births and deaths. PART VI E> CHAPTER XXVI Lands, Buildings and Streets and Development Schemes 322 Development Schemes. 323 Matters to be provided for in a development scheme. 324 Submission of development scheme to the Corporation for approval. 325 Development Scheme to comply with the Master Plan and Zonal Development Plan. 326 Power of Government to require Corporation to have scheme. fectienj—< 18 Building Regulations 327 Prohibition of erection or re-erection of buildings without permission. 328 Notice of buildings. 329 Commissioner to refuse erection or re-erection of building. 330 Grounds on which site of proposed building may be disapproved. 331 Grounds on which permission to erect or re-erect building may be refused. f 332 Power of Commissioner to direct modification of sanctioned plan of building before its completion. 333 Lapse of sanction. * 334 Intimation of completion of building. 335 Erection and use of temporary building to be approved by Commissioner. 336 Compensation. 337 Power to require removal or alteration of work not in confor­ mity .with bye-laws or executed notwithstanding rejection of plan, etc. 338 Power of Commissioner to cancel permission on grounds of material misrepresentation by applicant. 339 Restriction on use of buildings. 340 Prohibition against use of inflammable materials for buildings, etc., without permission. 341 Bar of jurisdiction . Dangerous and Insanitary Building 342 Provisions regarding buildings unfit for human habitation. 343 Removal of buildings in dangerous state. 344 Abandoned or unoccupied premises. 345 Reclama ion of low-lying sites. 346 Removal of building materials from any premises may be required 347 Cleansing of filthy buildings. 19 X”- Pub lic S treets Actions— 348 Closing of public streets. E ncroachm ent on Streets 349 Prohibition of projections upon streets, etc. 350 Restriction of power of municipal authorities. 351 Footings of buildings not to establish title to land by longing to Government or vesting in Corporation. 352 Prohibition of deposit, etc., of things in streets. 353 Power to remove anything deposited or exposed for sale in contravention of this Act. 354 Streets not to be opened or broken up and building materials not to be deposited thereon without permission. 355 Ground floor doors, etc., not to open outwards on streets. 356 Prohibition of tethering of animals and milking of cattle. 357 Functions of Commissioner in respect of public street. 358 Power to make new public streets. 359 Minimum width of new public streets. 360 Power to prohibit use of public street for certain kinds of traffic. 361 Power to acquire lands and buildings for public street and for parking place. 362 Defining the regular line of streets. 363 Setting back building to regular line of streets. 364 Compulsory setting back of building to regular line of streets. 365 Acquisition of open land and land occupied by platfromSj etc., within the regular line of street. 366 Acquisition of remaining part of building and land after inclusion of the portion within a regular line of street have been acquired. 367 Setting forward of building to the regular line of street. 368 Compensation to be paid in certain cases of setting back or setting forward of a building. 20 Sections— Private Streets 369 Owner’s obligation when dealing with land as building site. 370 Lay out plans. 371 Alteration or demolition of street made in breach of section 370. 372 Power of Commissioner to order work to be carried out or carry it out himself in default. 373 Precautions during repair of street. 374 Naming and numbering of streets. 875 Measures for lighting. 376 Provision for lighting of private street by Corporation on application of owners. 377 Prohibition or removal, etc., of lamps. PART VII CHAPTER XXVII POWERS, PROCEDURES, OFFENCES AND PENALTIES: Licences and written Permissions 378 Signatures, conditions, duration, suspension, revocation, etc., of licenses and written permissions. Entry and Inspection 379 Powers of entry and inspections. 380 Power to enter adjoining land in relation to any work, 381 Breaking into. 382 Time of making entry, etc, 383 Prohibition of obstruction or molestation in execution of work. 21 Public notice a ad Advertisem ents Sections—■ 384 Public notice how to be made known. Notice, etc. 385 Notices, etc., to fix reasonable time. 386 Signatures on notices, etc., may be stamped. 387 Notices, etc., by whom to be served or issued. 388 Services of notices, etc. 389 Services of bills for tax or notice of demand by ordinary post. 390 Powers in case of non-compliance with notice, etc. Recovery o f Expenses 391 Liability of occupier to pay in default of owner. 392 Execution of work by occupier in default of owner and deduction of expenses from rent. 393 Relief to agents and trustees. Payment o f Compensation 394 General power to pay compensation. 395 Compensation to be paid by offenders for damage caused by them. Recovery o f Expenses or Compensation in case o f dispute 396 Reference to the court of the District Judge in certain cases. 397 Application to the court of the District Judge in other cases. 398 Power to sue for expenses or compensation. Recovery o f Certain dues 399 Mode of recovery of certain dues. Obstruction o f owner by occupier 400 Right of owner to apply to the court of District Judge in case of obstruction by occupier. 22 Proceedings before court o f District Judge Sections— 401 General powers and procedure of the court o f the District Judge. 402 Fees in proceedings before the court of the District Judge. 403 Repayment of half fees on settlement before hearing. 404 Punishment for certain offences. 405 General penalty. , t 406 Offences by companies. 407 Prosecutions. » 408 Compounding of offences. Police 409 Duties of Police Officer. 410 Power of Police Officer to arrest persons. 411 Exercise of power of Police Officers by Municipal Employees. Legal Proceedings 412 Power to institute, etc., legal proceedings and obtain legal advice. 413 Protection to action of the Corporation, etc. 414 Notice to be given of suits. CHAPTER XX VIII x R ules, Regulations and Bye law s 415 Provisions respecting regulations. 416 Provisions respecting bye-laws. 417 Penalty for breaches of byedaws. 418 Supplementary provisions regarding bye-laws. 419 Bye-laws to be available for inspection and purchase. 23 Sections— PART VIII CHAPTER XXIX Supervision and Guidance 420 Government’s power to call for records, etc. 421 Government’s power to cause inspections to be made. 422 Government’s power to require performance of duties in d efaul t of any municipal authority. 423 Government’s power to annul illegal proceedings of Corporation. <5 424 Government’s power to suspend action. 425 Government’s power to supersede. 426 Power of Government to prescribe forms and make rules. PART IX CHAPTER XXX M iscellaneous and Supplemental Provisions M iscellaneous 427 Validity of notices and other documents. 428 Admissibility of document or entry as evidence. 429 Evidence of Municipal Employees. 430 Prohibition against obstruction of Mayor or any municipal authority. 431 Councillor and municipal employees to be public servants. 432 Conditions of service of sweepers and certain other class of persons employed in municipal (essential) sei vice. 433 Conditions of service of sweepers employed for doing bouse scavenging. 434 Saving of other enactments. 435 Disputes between Corporation and Local Authorities. 436 Disputes between Government and Corporation. 437 Power to remove difficulty. 438 Appeals from Commissioner to Standing Committee. 439 Limitation of time for appeal. 440 Effect of absorption of Panchayat area into the City of Gauhati. 441 Effect of absorption of a part of Panchayat area into the City of Gauhati. 442 Removal of difficulties. 443 Special provision as to rural areas. 444 Exemption from Assam Urban Areas Rent Control, Act, 1951, 24 THE GAUHATI MUNICIPAL CORPORATION ACT, 1969 Whereas it is expedient to constitute a Municipal Corporation for the City of Gauhati, be it enacted in the Twenty-second year of the Republic of India as follows:—- PART I CHAPTER I Preliminary Short title, J, (Ji This Act may be called the Gauhati Muni- an§ ^com-c iPa l G o r Po r a t i o n A c t > 1 9 7 1 ' ’ mencement. (2) Except as in hereinafter otherwise expressly provided it extends to the City of Gauhati. 1 (3) The provisions of this Act, except this Section which shall come into force at once, shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint : Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. Enactments 2. (11 As from the date of establishment of the and savings. Corporation, the Assam Municipal Act, 1956, the Panchayat Acf , 1959 and the Assam Town and Country Planning Act, 1959 shall cease to have effect within the city. The Corpo-ation shall be deemed to have been constituted with effect from the date of the first meeting of the elected Councillors field after the completion of the first general election under section 45. (2) Notwithstanding the provisions of sub-section (1) of this section — (al Any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued, and any licence or permission granted under any of the enactments referred to in sub-section (1) of this section and in force immediately before the establish­ ment of the C orporation, shall continue to be in force and be deemed to have been made, isued or granted under the provisions of this Act, usnless and until it is superseded by any appointment, notification, order, scheme, rule, form, notice, er bye­ law made or issuedj[or any licence or permission granted under the provisions of t t ;« Act; 25 (b) All debts, obligations and liabihities incurred, AH contracts entered into and all matters and things engaged to be done by, with or for the Municipal Board or Town Committees functioning in the city before such establishment shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Corporation or the Muni­ cipal authority concerned ; (c) All budget estimates, assessments, valuations, measurements or divisions made by any of the aforesaid local authorities shall continue to be in force and be deemed to have been made under the provisions of this Act unless and until they are superseded by any budget estimate, assessment, valuation, measurement or division made by the Corporation or the Municipal authority concerned under the said provisions ; (d) All properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in any of the aforesaid local authorities immediately before such establishment shall, with all rights of whatsoever description used, enjoyed or possessed by any such body or autho­ rity, vest in the Corporation ; (e) All rates, taxes, fees, rents and other sums of money due to any of the aforesaid local authorities immediately before such establishment shall be deemed to be due to the Corporation ; ( f ) AU rates, taxes, fees, rents fares and other charges shall, until and unless they are varied by the Corporation, continue to be levied at the same rate at which they were being levied by the afore­ said local authorities immediately before such establishment ; (g) AU suits, prosecutions and other legal pro­ ceedings instituted or which might have been ins­ tituted by or against any of the aforesaid local authorities may be continued by or against the Corporation ; and (h) Every employee serving under the aforesaid local authorities immediately before such establish­ ment shall become an employee of the Corporation with such designation as the Corporation may deter­ mine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same, if the Corporation had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Corporation: Provided that the tenure, remuneration and the terms and conditions of service of any such employee shall not be altered to his disadvantage ; 26 Provided further that any service rendered by any such employee before the establishment of the Corporation shall be deemed to be service rendered under the Corporation. Definitions. 3. For the purpose of this Act, unless there is anything repugnant in the subject or context. "Assessment List.” (1) “Assessment list” means the municipal assessment list prescribed by Section 156 and in­ cludes any list subsidiary thereto ; “ Bakery.” (2) “Bakery or baking house” means any place where bread, biscuits, confectionery and such other things are baked for the purpose of sale; (3) “Budget grant” means the total sum entered _ on the expenditure side of a Budget Estimate under a major head and which has been finally adopted by the Corporation and includes any sum by which such budget grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act, rules, regulations and bye­ laws made thereunder; “ Building.” (4 ̂ “Building” includes a shop, house, hut, out­ house, garage, shed, privy, urinal, other roofed struc­ ture or stable for whatsoever purpose and of whatso­ ever material constructed and also a wall, but does not include a tent or other merely temporary shelter or shed erected on ceremonial ar festive occasions. “ Building (5) “ Building line” means a line which is in rear of line.” the street-alignment and to which the main wall of a building abutting o:i a street may lawfully extend and beyond which no portion of the building may extend except as prescribed ; ‘Bye-law.” (6) “ Bye-law” means a bye-law made under this Act ; •‘C arriage.” (7) “Carriage” means any wheeled vehicle with springs or other appliances acting as springs, of a kind ordinarily used for conveyance of human beings and includes jin-rickshaws, cycle-rickshaws, bicycles and tricycles but does not include perambulators and in particular does not include any motor vehicle as defined in the Assam Motor Vehicles Taxation Act, 1936; 27 (8) “ Cart” means any cart, hackney, or wheeled vehicle with or without spring, which is not a carriage as defined under sub-section (7) ; “City” means to be speci- this behalf and •'C ity •( G au hati” or the “ C ity .” (9) “ City of Gauhati’’ or area within the boundaries fied by the State Government on duly notified in the official Gazette from time to time as required under Section 42 of this Act. (10) “ Commissioner” means the Commissioner sione™’" a PP°’n t e ^ under Section 29 and includes a person appointed to officiate as Commissioner ; Company” (H) “ Company” means a company including an existing company, private company and public com­ pany, as defined in the Companies Act, J 956 (Central Act I of 1956), and includes a co-operative society registered or deemed to have been registered under the Co-operative Society Act, 1959 (A.ssam Act I of 1960) or any re-enactment the eto: “ Compost (12) “ Compost manure” means the produce pre­ M anure, Spared from offensive matter, rubbish and sewage by subjecting them to the process of compost making in the manner prescribed by rules ; “ Conservan- (13) “ Conservancy” means the removal and dispo- cy.” sal of sewage, offensive matter and rubbish ; £ “ Corpora. (14) ‘ Corporation” means the Municipal Corpora­ tion .” ̂ tion of G auhati; , “Cream.” (15) “ Cream” means that portion of milk rich in milk-fat which has risen to the surface of milk on standing and has been removed or which has been separated from milk by centrifugal force; content.” (16) “ Cubical content” when used with refe­ rence to the measurement of a building, means the space contained within the external surface of its walls and roof and the upper surface of the floor of its lowest or only storey ; 28 “Dairy.” (17) “Dairy” includes any farm, cattle-shed, cow­ house, from which milk-store, milk-shop or other places— (a) from which milk is supplied for sale, or (b) in which milk is kept for purposes of sale or used for manufacture or preparation for sale of any of the following articles;— (i) butter, fii) ghee, (iii) cheese, (iv) curds, and (v) dried, sterilised or condensed or tinned milk; but does not include— (a) a shop or other place in which milk is sold for consumption on the premises only, or fb) a shop or other place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place. “Dairy man.” (18) “Dairy man” includes any occupier of a dairy, any cow-keeper who trades in milk, or any seller of milk whether wholesale, or by re ta il; “ Dairy pro. (19) “Dairy produce” includes milk, butter, ghee, cluce.” curd, butter milk, cream, cheese and any and every product of milk. “ Dangerous (20)“ Dangerous disease” means— disease.” (a) small-pox, cholera, dysentery, plague, tuberculosis, leprosy, enteric fever, diphtheria, cerebrospinal meningitis and syphillis ; and (b) any other epidemic, endemic or infectious disease which the State Government may, by notification in the official Gazette, declare to be a dangerous disease for the purposes of this A ct; 29 “ Domes t ic purposes.'‘ (21) “ Domestic purposes” :—Supply of water for domestic purposes shall not be deemed to include a supply:— (a) for animals or for washing carriages where such animals or carriages are kept for sale or hire, (b) for any trade, manufacture or business other than those concerned with the manufacture or supply of articles of food and drink for human beings. (c) for fountains, (d) for watering gardens, roads or paths, (e) for any ornamental or mechanical purpose, (f ) for building purposes ; “Drain.” (22) “ Drain” includes a sewer, a house drain, a drain of any other description, a tunnel a culvert, a ditch a channel, and any other device for carrying off sullage, sewage, offensive matter, polluted water, rain water or sub-soil w ater; “ Eating home.” (23) “Eating house” means any premises to which the public are admitted and where any kind of food is prepared and or supplied to the public for consumption on the premises for the profit or gain or any person owning or having an interest in or managing such premises ; “Entertain­ ment.” (24) “ Entertainment” includes any exhibition, performance, amusement, game or sport to which pere sons are usually admitted on payment; / 30 ‘Erect or „ (25) “ Erect or re-erect” any building re-erect. jn c lu c j c s ; — fa) any material alteration or enlargement of any building ; (b) the structural conversion into a place for human habitation of a building not ori­ ginally constructed for human habitation; (c) the structural conversion into more than one place for human habitation of a building originally constructed as one such place ; •» (d) the structural conversion of two or more places of human habitation into a great number of such place ; * (e) such alteration of the internal arrangement of a building as effects an alteration in its sanitary or drainage arrangements or affects its stability ; ( f ) the addition of any rooms, buildings, out houses or other structures to a building ; (g) the reconstruction of the whole or any part of the external walls of a building or the renewal of the posts of a wooden build­ ing ; ‘Essential Service.” (26) “ Essential Service” meansand includes ser­ vices concerning health, sanitation and water supply organisation of the Corporation and also any other services declared or notified by the Corpora­ tion with approval of State Government from time to time as essential service ; “ Examiner.” 627) “ Examiner” means the Examiner of Local Accounts, Assam and includes officers subordinate to him assigned for the purpose of Audit ; Factory.” (28) “ Factory” means a factory as defined in the Factories Act, 1948 ; “Flith.” (29) “ Filth” includes night-soiJ, sewage and all offensive matters ; “Financial year.” (30) “ Financial year” means the year commencing on the first day of April ; 31 '“Food.” (31) “ Food” , notwithstanding anything contained in the Prevention of Food Adulteration Act, 1954, includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food and also includes con­ fectionery, flavouring, and colouring matter and spices and condiments ; “Good?.” (32) “ Goods” includes animals ; “Govern- (33) “ Government” means the Government of the ment,” State of Assam ; “Half year.” (34) “ Half year” means half of financial year ; “Holding” (35) “ Holding” means land held under one title Or agreement and surrounded by one set of boundaries; Provided that where two or more adjoining hold­ ings form part and parcel of the site or premises of a dwelling house, manufactory, warehouse, or place of trade or business, such holdings shall be deemed to be one holding for the purposes of this Act ; Explanation.—Holdings separated by a road or other means of communication shall be deemed to be adjoining within the meaning of this proviso : Provided also that where land has been let out to occupants in separate parcels paying rents separately, each such parcel shall be treated as a distinct holding in spite of such parcels of land being held under one title. „ „ (36) “ House” means any hut, shop, warehouse, °USf' workshop, a masonry or framed building ; “House-gul- (37) “ House-gully” means a passage or strip of land ly.” constructed, set apart, or utilised, for the purposes of serving as a drain or affording access to a latrine, urinal, cess-pool or other receptacle for filthy or polluted matter, to municipal employee or per­ sons employed in the cleansing thereof or in the removal of such matter therefrom and includes the air-space above such passage or land ; 32 “Hut.” (38) “H ut” means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the Corporation may declare to be a hut for the purposes of this A ct; “ Inhabitan.t’ (39) “ Inhabitant” used with reference to a local area means any person ordinarily residing or carrying on business or owning or occupying immovable pro­ perty therein ; (40) “ Land” includes benefit to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and also land covered by w ater; (41) “ Latrine” means a place set apart for defecating or urinating or both and includes a closet of the dry or water carriage type and urinal ; (42) “ Lay-out” means any area or plot of land demarcated or marked out into regular and convenient bits of divisions to utilie, sell, lease out or otherwise dispose of the same as sites for the construction of buildings and includes a street or streets or road or roads giving access to the site or sites and connecting with an existing public or private street ; ‘Local au- ( ^ ) “ Local authority” means the Municipal thority.” Corporation of Gauhati and also includes Municipal Boards, Town Committees, Panchayats and Develop­ ment Authorities ; "Lodging (44) “ Lodging House” means a house in which House.” visitors or other persons are lodged for hire for a night or more and where there is community of eating or sleeping accommodation ; • Marke ” (45) “ Market” means any place where persons assemble for the sale and purchase of articles intended for food or drink or of livestock or other merchandise; “ Municipal (46) “ Municipal Authority” means any of the Authority.” Municipal Authorities specified in sub-secticn (2) of Section 4 of this Act ; ‘Mualcipul “ Municipal drain” means a drain vested drain.” i» the Corporation; 33 “ Muuicipal V irket.” “ Municipal Office,” (48) “ Municipal market” means a market belonging to or maintained by the Corporation; (49) “ Municipal office” means the principal office of the Corporation ; ding*”bUi1' (50) “New building” means and includes— (a) any building constructed or in the process of construction after the commencement of this Act; (b) any building which, having collapsed or having been demolished or burnt down for more than one-half of its cubical content is reconstructed wholly or partially after the commencement of this Act, whether the dimensions of the reconstructed building are same as those of the original building or not; (c) any building not originally constructed for human habitation after the commencement of this Act; Explanation.-—Clause (b) applies whether mere- than half the cubical content has collapsed or been demolished or burnt down at the same time or at different times. Hon” 8 0 ®’ { 5 1 ) “Notification” means a noti-'cation pub. lished in the Official Gazette of the Government of Assam; ‘’Nuisaate” (52) “ Nuisance” includes any act, omission palace or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property; “Occupied! (53) “Occupier" means— (a)Tany person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in » respect of which such rent is paid or is pay­ c a b le ; (b) an owner in occupation of, or the land or building; otherwise using (c) a rent-free tenant of any land or building; (d) a licensee in occupation of any land or building; (e) any person who is liable to pay to the owner damages for th use and occupation of any land or building; 34 ^Octroi” (54) “ Octroi” means a tax on the entry of goods into the limits of the city for consumption, use or sale therein ; ’•Offensive (55) “ Offensive matter” includes animal matter” . carcass, kitchen refuse and table refuse, dung, diyt and putrid or putrefying substances other than sewage; “ Owner!' (56) “ Owner” includes— (a) the person for the time being receiving the rent of any land or building or of any part of any land or building whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose, or as a receiver, or who would so receive such rent if the land, building or part thereof were let to a tenant; and (b) the person for the time being in charge of the animal or vehicle, in connection with which the word is used ; ’'Premises’* (57) “ Premises” means any land or building or part of a building and includes— (a) the garden, ground and out-houses, if any, appertaining to a building or part of a building ; and (b) any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof; » (58) “Prescribed” means prescribed under the “ Prescribed pTOVjs ;o n g o f ?his Act, rules, regulation, and bye-Jaws; “ Private lav- (59) “ Private lay-out” means a lay«uut form- o u t”' cd by an invidividual or body of persons whether incorporated hr But i 35 “Private (60) “ Private road” means any street, road, z-. road” . Squ a r e c o urt, alley or passage which is not a public road and includes a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises ; “Privy” (61) “ Privy” means place for easing nature ; “Public (62) ‘Public street” means any street, road, street” , lane, gully, alley, passage pathway, square or court whether a thoroughfare or not, over which the public have a right of way, and includes— (a) the roadway over any public bridge or * caus eway ; (b) the footway attached to any such street public bridge or causeway ; and i (c) the drains attached to any such street, public bridge or causeway, and where there is no drain attached to any such street, shall unless the contrary is shown, be deemed to include also, all land upto the outer wall of the premises abutting on the street, or, if a street alignment has been fixed, then upto such alignm ent; “ Rate” (63) “Rate” means— (a) the tax upon the rateable value of holdings ; (b) license fees ; (c) the water tax ; Cd) the lighting tax ; (e) the drainage ta x ; ( f ) the scavenging tax ; (g) the tax on private markets : 36 (® )̂ “ Rateable value” means the value of a ue,., a a n y land or building fixed in accordance with the provi- K sions of this and the bye-laws made thereunder for the purpose of assessment to property tax ; “Regulation” (65) “ Regulation” means a regulation made by the Corporation under this Act by notification in the official Gazette ; “ Reside” (66) “ Reside” — (a) a person shall be deemed to ‘reside’ in any dwelling house or hut which, or some portion of which, he sometimes, although not uninter­ ruptedly, uses as a sleeping apartm ent; and * (b) a person shall not be deemed to cease to ‘reside’ in any such dwelling house or hut merely because he is absent from it or has elsewhere another dwelling house or hut in which he resides if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it ; “ Rubbish” (67) “Rubbish” means dust, ashes, broken brickssbroken glass, mortar and refuse of any kind which is not “offensive matter” as defined in this section ; “ Rules” (68) “ Rule” means a rule made under this Act; ^Scavenger” (69) “ Scavenger” means a person employed in collecting or removing filth, in cleansing drains, latrines, or a u ghter-house or in driving carts used for the removasl filth; “ Schedule” (701 “ Schedule” means the Schedule appended to this Act; “Scheduled (71) “ Scheduled Caste” means any of the Cftste” . Scheduled Castes specified in the Constitution (Sche­ duled Castes) Order, 1950, for the time being in force; £ “Scheduled (72) “Scheduled Tribes” means any of the Tribe” . tribes specified in the Constitution (Scheduled Tribes) Order, 1950, for the time being in force; “ Sewage” (73) “ Sewage” means night-soil and other contents of privies, urinals, cesspools or drains and includes trade effluents and discharges from manufac­ tories of all kinds; hed!* (74) “ Shed” means a slight or temporary structure for shade or shelter; »7 “Slaughter- (75) “Slaughter-house” means any place used ouse. fo r l jl c slaughter of cattle, sheep, goats, kids or pigs for the purpose of selling the flesh thereof as meat; ’‘Street*’ (76) “ Street” includes any way, road, lane, square, court, alley, gully, passage, whether a thorough fare or not and whether built upon or not, over which the public have a right of way and also the roadway or foot way over any bridge or causeway; “ Street line’’ (77) “ Street line” means the lffl e dividing the land comprised in and forming part of a street from the adjoining land; ' “Tax’* (78) “Tax” includes any toll, rate, cess, fee or other impost leviable under this Act; “Trade (79) “Trade effluent” means any liquid either , affluent” with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage; •‘Trade pre- (80) “ Trade premises” means any premisers mises” . used or intended to be used for carrying on any trade or industry; “ Trade re- (81) “Trade refuse” means the refuse of any fuse”. trade or industry; “ Vehicle” (® )̂ “ Vehicle” includes a carriage, cart, van, dray truck, hand-cart, bicycle, tricycle, cycle-rickshaw, auto-rickshaw, motor vehicle and every wheeled con­ veyance which is used or is capable of being used on a street; “Ward” (83) “ ward” means a municipal ward provided by order made under Section 43 for the purpose of election of councillors; “Water (84) “ Water Course” includes any river, Gouris”, stream or channel whether natural or artificial; “Water (85) “ Water Works” includes all lakes, tanks, works’ . streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, mains, pipes culverts, hydrants, stand pipes and conduits and all lands, buildings, machinery, bridges and things, used for, or intended for the purpose of supply­ ing water; “Workshop” (86) “ Workshop” means any premises (includ­ ing the precincts thereof) other than a factory, wherein any industrial process is carried on ; ‘Year” (87) “Year” means a year commencing on the 1st day ef April. 38 PART II C on stitu tion and G overnm ent A dm inistration o f th e C orporation CHAPTER II The M unicipal A uthorities Municipal 4. (1) There shall be a Corporation charged with Authorities. t h e Municipal Administration of the city of Gauhati to be known as the Municipal Corporation of Gauhati. (2) For the efficient p rformance of the func­ tions of the Corporation there shall be the following Municipal Authorities under the Corporation, namely (a) The Standing Committee; and (b) The Commissioner. The C orporation Constitution 5. (1) There shall be One councillor for every of the Cor- p o pU]a t io n o f 7 500 subject to a maximum of 60 potation. r r ’number*: Provided that wherever five per cent or more of the inhabitants of the Corporation are Scheduled Castes, and in case no person belonging to the Scheduled Castes is elected to the Corporation, the Corporation shall co-opt one such person as Councillor: Provided further that wherever five per cent or more of the inhabitants of the Corporation are Scheduled Tribes, and in case no person belonging to the Sche­ duled Tribes is elected to the Corporation, the Corpora­ tion shall co-opt one such person as Councillor: 39 Provided further that this representation shall continue only as long as special representation for the Scheduled Castes and Scheduled Tribes continues to be provided for in the Constitution of India : Provided further that such co-opted Councillors shall be in addition to the Councillors provided for in sub­ clause (I) (a) of this section. (b) All the Councillors shall be elected by direct election on the basis of adult suffrage as stipulated in the Representation of the People Act, 1950 (Central Act X L III of 1950) from various wards into which the city shall be divided in accordance with the provisions of this Act and the rules made thereunder. _ Explanation.-— For the purposes of this Act, “ popula­ tion” shall mean the population as ascertained at the latest census of which the relevant figures have been published. Incorporation (2) The Corporation shall by the name of the tion °rP O ra ' Municipal Corporation of Gauhati be a bod}’ corporate and have perpetual succession and a common seal and may by such name sue and be sued. Power of Cor- (3) The Corporation shall have power to acquire porationas and hold property, both movable and immovable with- rcXtbie & i a o r without the limits of the city, and subject to Immmovable the provisions of this Act, the rules and bye-laws made property, thereunder, to transfer or to acquire any property and to contract and do all other things necessary for the e* purpose of this Act. G e n e r a l 6. (1) Subject to the provision of this Act and powers of rules and bye-laws made thereunder, the Municipal the Corpo- Administration of the city shall vest in the Corporation, and the Corporation shall be entitled to exercise or discharge any powers, duties and functions expressly assigned by or under this Act or any other Act, (2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the Corporation to consider al! periodical statements of receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit 40 Matter to 7 . I t shall be incumbent on the Gorpor a t ion be provi- t o m a ]je adequate provision by any means or measures d 'rat7iTOr' which it is lawfully competent to use or take, for each pora an. following matters, namely :— (J) the construction, maintenance and cleaning of drains and drainage works and public latrines, urinals and similar conveniences ; (2) the construction and maintenance of works and means for providing a supply of water for public and private purposes ; (3) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted m atters; (4) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances; (5) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purposes ; (6) the registration of births and deaths ; (7) public vaccination and inoculation ; (8) measures for preventing and checking the spread of dangerous and contagious diseases; (9) the establishment and maintenance of hospitals, dispensaries and maternity and child walfare centres and the carrying out of other measures necessary for public medical relief; (10) the construction and maintenance of m uni­ cipal markets and slaughter-houses and the regulation of all markets and slaughter­ houses ; (11) the regulation and abatement of offensive or dangerous trades or practices ; (12) maintenance of fire-brigade and the protection of life and property in case of fire; (13) the securing or removal of dangerous building and places ; (14) the construction, maintenance, alteration and improvement of public roads, streets, bridges, culverts, cause-ways and the like ; 41 (15) the removal of obstructions and protections and unauthorised occupation in or upon si reels, bridges and other public places ; (16) the naming and numbering of streets and premises, effecting and installing of statues of important personalities ; I (17) the maintenance of a Municipal Cor­ poration office and of all public monu­ ments and open spaces and other property vesting in the Corporation ; (18) the establishment and maintenance of cattle pounds; (19) the construction and maintenance of resi­ dential quarters for the Corporation stall including conserveacy stall ; 20) the maintenance of ambulance ervice; (21) the provision of public )park, garden play­ grounds and r creation grounds . (22) the lighting, watering and cleansing of public streets and other public places ; (23) subject to adequate provision being made for the matter sp< eified )above, the provisions of >elief to dest tute 'persons in the city in times of famine and scarcity and the establishing! t ai d maintenance of relief works in such times ; Matters which may be taken by Corporation at its discre tion. (24) taking oi measures against i ood a lultiration ire tiding milk, ghee, mustard oil, rice, a tti. a id other food stuff: and (25) the fulfilment o f any other obligation imposed by or under this Act or any other law for the time being in force. 8. Subject to any law, rule or regulation in force the Corporation may, in its discretion provide from time to time, solely or partly for -all or any of the following matters, namely:— (1) the establishment, aiding or maintenance oi educational institutions, libraries, museums, art galleries, botanical or zoological collec­ tions; (2) the establishment and maintenance of, and aid to, stadia, gymnasia and places for sports and games; (3) the planting and care of trees on road sides, andelsewhercj 42 (4) the surveys of buildings and lands; (5) the registration of marriages; (6) the taking of a census of population; (7) the civic receptions to persons of distinc­ tion; (8) the providing of music or other entertain­ ments in public places or places of public resort; (9) the holding of fairs and exhibitions; » (10) the organisation, maintenance or manage­ ment of institutions within or without the * city for the care of persons who are destitute, infirm, sick or incurable, or for the care and training of blind, deaf, mute or otherwise disabled persons or of handicapped and uncared for children; (11) the organisation, maintenance or manage­ ment of maternity and infant welfare homes or centres; (12) the purchase and maintenance of dwelling houses for Corporation employees ; (13) any measures for the welfare of the Corpo» ration employees or any class of them inclu­ ding the sanctioning of loans to such employee or any class of them for construc­ tion oi houses and purchase of vehicles; (14) the organisation or management of chemical or bacteriological laboratories for the examination or analysis of water, food adulteration, and drugs for the detection of adulteration or of causes of diseases or for research connected with the public health and medical relief ; |15) the establishment and maintenance of veterinary hospitals ; (16) the organisation, construction, maintenance and management of swimming pools, public houses, bathing places and other institutions designed for the improvement of public health} 43 -A ( 17) dairies or farms within or without the city for the supply, distribution and processing of milk products for the benefit of the residents of the city ; (18) the provision of milk to expectant or nursing mothers or infants or school children ; (19) the construction and maintenance in public street or places drinking fountains for human being and water-troughs for animals; (20) the regulation of lodging houses, camping grounds and rest-houses in the city ; (21) the construction, establishment and main* tenance of theatres, cinemas, petrol pumps and other public buildings; (22) the organisation and maintenance of shops or stalls for meeting the daily necessities of life in times of scarcity, (23) the prevention of c.t uelty to animals ; (24) contributions towards any public fund raised for the relief of human suffering or for the public welfare ; (25) the acquisition and maintenance ol grazing grounds and the establishment and main­ tenance of a breeding stud ; (26) establishing and maintaining a farm or factory for the disposal of sewage ; (27) the construction and maintenance of ware* houses and godowns; (28) the construction and maintenance or regula­ tion of garages, sheds and stands for vehicles and cattle buyers ; (29) the organisation and management of cottage industries, handicraft centres and sales c mporia; (30) establishing labour welfare centres for it* employees and subsidising the activities of any association, union or club or creche of such employees by grant of loans for it* general advancement ; (31) the maintenance of a band orchestra; (32) establishing or assisting in the establishment of information centres, wherefrom the public may readily obtain information con­ cerning services, available within the city, provided by the Corporation or by Govern­ ment and any other information relating to Municipal Administration affecting the city ; (33) subject to conditions or restrictions, if any as the Government may specify— (i) arranging for the publication, within its area, of information on questions relating to Municipal Administration ; (ii) arranging for the delivery of lectures and addresses and the holding of discussions on such questions and arranging for this purpose display of books, cinematograph, films or models or the holding of exhibi­ tion* relating to such questions ; (34) preparing or joining in the preparation or contributions to the cost of the preparation of pictures, films, models or exhibitions to be displayed or held as aforesaid ; (35) with the consent of the Government contri­ buting towards the expenses of any Co-operative organisation carrying on activities within the area of the Cor­ poration, for the purpose of promoting the development of trade, industry or com­ merce therein ; (16) the acquisition of immovable or movable property for any of the purposes before mentioned including payment of the cost of investigation, surveys or examinations in relation thereto for the construction or adaptation of buildings necessary for such purposes ; (37) any measure not hereinbefore specifically mentioned, likely to promote public safety, health,convenience or general welfare ; (38) the regulation of trade and commerce within the limits of the City Corporation ; (39) the regulation of the distribution of electric power within the city ; (40) the regulation of streams, nallas and pipes carrying water, rubbishes and effluents through the city; and (41) the doing of anything the expenditure whereof is declared by the Corporation to be an appropriate charge on the Corporation Fund, 45 Standing 9. The Mayor, the Standing Committees and and^Com t l̂ e Commissioner shill give effect to every resolu- missioner t ’o n ^ i e Corporation unless such resolution relates to give to a matter in which, under the provisions of this effect to re- Act or the Rules, bye-laws and regulations made Cor'o"’ °f thereunder the decision of the Mayor, the Standing tion.P°r? Committee or the Commissioner as the case may be, is final. 'A . ‘ >S : . Power of Corpora­ tion to call for extracts proceed­ ings, etc. 10. The Corporation or the Mayor may at any time call for the proceedings of a Standing Committee or of any Committee or for any return, statement, accounts or report connected with any matter with which such Committee is empowered to deal. ® Power of 11. (1) The Corporation or the Mayor may at Corpora- any time require the Commissioner— tion and Standing Committee or requi- sion of Com­ missioner's records. (a) to produce any record, correspondence, plan or other document which is in his possession, or under his control as Chief Officer ; (b) to furnish any return, plan, estimate, state­ ment, account of statistics connected with the Municipal Administration ; (c) to furnish a report by himself or to obtain from any Head of Department subordinate to him and furnish with his own remarks thereon a report upon any subject con­ nected with the Municipal Administra­ tion. (2) The Commissioner shall comply with every such requisition unless in his opinion immediate compliance therewith could be prejudicial to the interest of the Commissioner or of the public, in which case he shall make a declaration in writing to that effect and shall, if required by the Commissioner or the Standing Committee, as the case may be, refer the case to the Commissioner whose decision shall be final. 46 A»alatatat 12. (1) The Corporation may, and if so c'mmiit required by Government shall join with a local * **’ authority or authorities in appointing a Joint Com­ mittee for any purpose in which they are jointly interested or for any matter for which they are jointly responsible. (2) A Joint Committee may include persons who are not members of the Local Authorities concerned but who may in their opinion possess special qualifica­ tions for serving on such Committees; Provided that the number of such persons shall not exceed one thifB of the total number of members ef the Joint Committee. (3) The constitution of a Jo in t Committee shall be by means of regulations which shall not, except in the cases referred to in sub-sections (6) and (7) have effect unless assented to by each of the Local Autho­ rities concerned. (4) The regulations shall determine— (a) the total number of members of the Joint Committee ; (b) the number who shall be members of the Local Authorities concerned and the num­ ber who may be outsiders ; (c) the persons who shall be members of the Joint Committee or the manner in which he shall be elected or appointed ; (d) the person who shall be the Chairman of the Joint Committee or the manner in which he shall be elected or appointed ; (e) the terms of office of members and Chair­ man ; (f) the powers, being powers exercisable by one or more of the Local Authorities con­ cerned, which may be exercised by the Joint Committees ; and (g) the procedure of the Joint Committee j (5) Regulations made under sub-sections (3) and (4) may be varied or revoked, provided that all the Local Authorities concerned assent to such variation •r revocation. (6) If the Government take action under sub- section (1), they may issue such directions as they think necessary or desirable in respect of all or any of the matters referred to in sub-sections (3) and (4). (7) If any difference of opinion arises between Local Authorities under any of the foregoing provisions of this section, it shall be referred to the Government whose decision shall be final: Provided that, if the Local Authority concerned is a Cantonment Authority, any such decision shall not be binding unless it is confirmed by the Central Government. Duties and 13. (1) Any Councillor may call the attention powers of o f the proper Authority to any neglect in the CauncUlor e x e c u t i°n °i the municipal works, to any waste of municipal property, or to the wants of any locality, ana may suggest any improvements which he considers desirable. (2) Every Councillor shall have the right to interpellate the Mayor on matters connected with the Municipal Administration subject to such regu­ lations as may be framed by the Corporation. M a y o r, 14. • Neither the Mayor nor the Deputy Mayor D e p u ty n o r any* Councillor shall receive or be paid from Councillor t l̂ e hinds a t the disposal of or under the control not to re- of the Corporation any salary or other remuneration ceive remu-for services rendered by him in any capacity what- neraticn. soever: Provided that nothing in this section shall apply to the payment of any conveyance allowance of travelling allowance or daily allowance to the Mayor or the Deputy Mayor or any Councillor by the Cor­ poration at such rate as may be determined by rulel made by the State Government in this behalf. Election of 15. (1) The Corporation shall at its first meeting Je utY Ma- a t̂ e r January each year, elect—>epu y Ma- (a ) o n e o f i t s m c t n b e r s t 0 b e t b e J^a y o r . Chairman. (b) one of its members other than the Mayor to be the Deputy Mayor ; and (c) Members of the different Standing Com­ mittees from amongst its members. 48 (2) Each Standing Committee shall at its first meeting after the election referred to in clause (a) of sub-section (1) elect one of its members other than the Mayor to be its Chairman. (3) The Mayor, Deputy Mayor or Cnairman shall be entitled to hold office from the time of his election and until the election of his successor provided that in the meantime he does not cease to be a councillor. On the occurrence of any vacancy in the office of Mayor, Deputy Mayor or Chairman, the Cor- poraton or Standing Committee, as the case may be, shall at its next meeting elect a successor, who shall be entitled to hold office so long as the person * in whose place he is elected would have been entitled to hold it, if the vacancy had not occurred. Resignation 16. (1) The Mayor may resign his office by of Mayor. giving notice in writing to the Corporation and his resignation shall take effect from the date on which it is placed before the Corporation. (2) The Deputy Mayor, may resign ffis office by giving notice in writing to the Mayor and his resig­ nation shall take effect from the date on which it is received by the Mayor. Prerogative 17. (1) The Mayor is the head of the Corpora- of the Mayor tion and shall be responsible to the Corporation and he shall have full access to all the records of the Corporation and shall obtain reports fiom the Com­ missioner on any matter connected with the administration of the Corporation. (2) All correspondence between the Corporation and Government or other authority shall be con­ ducted by the Commissioner : Provided that no letter shall be sent to the Govern­ ment by the Commissioner without intimation to the Mayor, and on such intimation the Mayor may furnish his views, if any, to the Government. Functions • f Mayor. Functions of Deputy Mayor. 18. (1) The Mayor shall preside over all meetings of the Corporation and his decision and rulings in conducting the proceedings of the meetings shall be final. U (2) The’Mayor^ shall be solely responsible for maintenance of discipline in the meetings of the Corporation. 19. (1) When the office of the Mayor is vacant his functions shall devolve upon the Deputy Mayor until a new Mayor is elected. 49 (2) When the Mayor is absent from his duty on account of illness or any other cause, the powers, duties and functions of the Mayor shall be exercised and performed by the Deputy Mayor. (3) The Mayor may, by an order in writing, delegate any of his functions to the Deputy Mayor. The Standing Committee Constitution 20. There shall be Standing Committees dealing of standing respectively with— Committee. (i) Taxation and Finance, and Planning and Development (or Standing Finance Com­ mittee) ; (ii) Public Works (iii) Public H ea lth ; Conservancy and Water Supply ; (iv) Assessment, Markets and Trades ; * (v) Appeals ; Election of gl. (1) Each Standing Committee shall consist Committees. ^v e m e mbers elected by the Corporation from its own numbers other than the M ayor: Provided that no Goncillor shall be a member of more than one Standing Committee a t the same time. (2) A Councillor elected to be a member of a Standing Committee shall hold office for one year unless he sooner resigns from the same, or his term of office as Councillor is in any manner determined earlier but any member may be elected again to the same or any other Standing Committee: Provided that a member elected in a casual vacancy shall be entitled to hold office so long only as the person in whose place he is elected would have been entitled to hold office if the vacancy had not occurred. (3) When a vacancy occurs in a Standing Com­ mittee, the Corporation shall fill up the vacancy as soon as may be by the election of another Councillor. 50 Function 22. The Corporation shall by regulations framed Committees ô r t l̂ c Pu r Po s e determine the powers and duties of ommi e . standing Committee and may by such regulations provide for a conference of two or more Standing Committees or a Joint Committee for any purpose in respect of which they may be jointly interested. Special po- 23. (1) The Standing Committee dealing with wers of finance and taxation, etc. (hereinafter referred to as finance Standing Finance Committee) in addition to the Committee, powers, duties, and function determined under the regulations referred to in Section 22— (a) shall supervise the utilisation of the budget » grants; (b) shall have access to the accounts of the Corporation and may require the Com mis- js sioner to furnish any explanation which it considers to be necessary a3 to the receipts and expenditure of the Municipal Fund ; (c) may conduct a monthly audit of the munici­ pal accounts and shall be bound to check the monthly abstract of receipts and dis­ bursements for the preceding month as furnished by the Commissioner ; (d) may recommend to the Corporation the writing off of the amount of any loss of, or of any depreciation caused to, municipal property which appears to the Committee to be irrecoverable. Constitution Whenever in this Act the expression “ the of referencesStanding Committee” occurs, it shall unless the con- to Standing text otherwise requires, be deemed to refer to the Committee particular Standing Committee to which the power or duty in connection with which the expressios is used is assigned by this Act or by regulations made by the Corporation. J* Dalegatioa ^5. In any case in which it is provided by this o f powers to Act o r a n Y other law that the Commissioner may take C o m m i s* action subject to the approval, sanction, consent or s i o n e r by concurrence of a Standing Committee, the Committee Committee?8 m a X’ resolution in writing, authorise him to take action in anticipation of its approval, sanction, consent or concurrence subject to such conditions, i f any, as may be specified in such resolution. flection of 26. Every Standing Committee shall at its first 'afid r Deputvm e e t n̂ S *"c c t o n e *t s m c m bers to be the Chair- Cbairman. 7 m a n and another as its Deputy Chairman. rerm of 27. (1) The Chairman or Deputy Chairman of ancT'oeputy a Standing Committee shall hold office from the time Chairman. of his election until the election of his successor in office unless in the meantime he resigns his office as Chairman or Deputy Chairman or his term of office as member of the Standing Committee is in any manner terminated. (2) An outgoing Chairman or Deputy Ghairman shall be eligible for re-election. (3) On the occurrence of any vacancy in * the office of the Chairman or Deputy Ghairman a Stand­ ing Committee shall at the meeting next after the occurrence o f such vacancy elect one of its members as Chairman or Deputy Chairman as the case may be. Resignation 28. (1) The Chairman, the Deputy Chairman or any deputy other members of the Standing Committee may, at and members a n V t *m e > resign his office by writing under his hand of Standing addressed to the Mayor. Committee. (2) A resignation under sub-section (1) shall take effect from the date specified for the purpose in writing referred to in that sub-section, or if no such date is specified, from the date of its receipt by the Mayor as the case may be. The Com m issioner Appoint- 29. Immediately after coming into force of this ment ofComAct the State Government shall depute and appoint missioner. a n officer of sufficient seniority and experince as Com­ missioner of the Corporation on such terms and conditions, as the former may determine. He shall not be a member of the Corporation, but shall be a wholetime officer of the Corporation and shall have the right to attend all the meetings of the Corporation without any right of voting. Power an 30. Notwithstanding anything c j n t a i n e d fi1?Tt^Com t 1̂’s Act, the first Commissioner appointed by missioner. 'Government under Section 29, shall perform only such functions under this Act as are specifically notified by the Government for the purpose of holding of the first general election of the Councillors and conven­ ing of the first meeting of the Corporation for the election of Mayor, Deputy Mayor and Members of Standing Committees under Section 15 and for convening of the first meeting of the Standing Committees for electing Chairman and Deputy Chair­ man under Section 26 and shall thereafter perform all functions of the Commissioner under the Act. Salary a nd 31. The pay and allowances of the Commissioner allowances a s m a y from time to time be fixed by the State of Commis- Go v e r n m ent, shall be paid in the first instance from the consolidated fund of the State. The whole of .the pay and allowances paid to the Commis­ sioner and the contributions towards his leave salary and pension to the extent required shall be credited monthly io the State fund by the Corporation. Leave of 32.(1) Leave may be granted to the Commis- Commissioner sioner by the State Government on the recommenda­ tion of Mayor. (2) Whenever such leave is granted to the Com­ missioner the State Government shall appoint another person to officiate as Commissioner in his place. Appointment 33. If any vacancy occurs in the office of the Com- of officiating missioner on account o f death, resignation or removal Commis- the State Government may appoint another person to of death ^e-e°® c â t c Commissioner in his place for a period signation or not exceeding two months pending the appointment removal. of Commissioner under Section 29. P o w e r of 34. Subject, whenever it is hereinafter C om m is- expressly directed, to the sanction of the Corporation sioner. o r Standing Committee, as the case may be, and subject to all other restrictions, limitations and conditions hereinafter imposed, the executive power for the purposes of carrying out the provisions of this Act shall be vested in the Commissioner, who •hall also perform all the duties and exercise all the powers specifically imposed or conferred on him other­ wise. S3 Emergency 35. The Commissioner may in case of emergency Commis- ^*r e c t execution of any work, or doing of any «ioner. a c t which would ordinarily require th e approval, sanc­ tion, concurrence or consent of the Corporation or the Mayor and the immediate execution or the doing of which is, in his opinion, necessary for the service or safety of the public, or for the prevention of extensive damage to any property of the Corpora­ tion, and may direct that expenses for executing the work or of doing the act shall be paid from the Muni­ cipal Fund, provided that the Commissioner shall report forthwith to the Mayor, the action taken under this section and the reason thereof. Custodian The Commissioner shall be responsible for of Records, the custody of all records of the Corporation including all papers and documents connected with the proceedings of the Corporation, the Standing Com­ mittees and other Committees, and shall arrange for the performance of such duties relative to the procee­ dings of the said bodies as they may respectively impose. Delegation The Commissioner may delegate to the holder of Commis- of any municipal office any of his ordinary powers, sioner’s duties or functions except those conferred or imposed ordinary UpO n o r vested in him by the following provisions, power, namely, sub-section (1 ) of Section 41, Section 52, Section 119, sub-section (1) of Section 136, Section 337, Sections 342 to 345 (inclusive) and Section 372. Provided th a t:— (a) such delegation shall be in writing and shall specify the name or official designa­ tion of the person to whom the delegation is made ; (b) such delegation is reported to the Mayor ; (c) the Commissioner shall not delegate his power under Section 97 to make, on behalf of the Corporation, any contract involving an expenditure exceeding one thousand rupees; (d) when the Commissioner delegates under this section any power or duty which is exercisable or is required to be performed subject to the approval of any other authority, the Commissioner shall send a copy of die order of delegation to such authority. Reservation of control in respect of power delegated. Delegation of Commis­ sioner’s emergency powers. Power of the 38. Whenever the Commissioner takes any action Commissio- in cnticipation of the approval, sanction, consent able with the o r concurrence or the Corporation in pursuance oi approval l he powers delegated to him under Section 35 he of the stand- shall forthwith inform the Mayor. ing Commit­ tee. 39. The exercise or discharge by any municipal officer of any powers, duties or functions delegate to him under Section 37 shall be subject to such restrictions, limitations and conditions, if any, as may be laid down by the Commissioner and shall also be subject to his control and revision. 40. The Commissioner may on his own lespon- sibility and by an order in writing authorise the Health Officer, the Engineer, the Revenue Officer or any other officer who is the head of a depaitment working under the Commissioner, or any person in temporary charge of the duties of any of the offices aforesaid to exercise the emergency powers conferred upon him by Section 35. Administration Report 41. (1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government, the Commissioner shall prepare a detailed administration report on the pre­ G overnm ent ceding year in such form as the Government may prescribe. (2) The Corporation shall consider the report and forward the same to the Government with their resolu­ tions thereon,if any. (3) Copies of the administration report shall be kept for sale at the municipal office. Submission of annual Adminis­ tration re- nort to CHAPTER IH Election of Councillors Declaration 42- (•) For the purposes of this Act the areas of local areas within the limits to be specified by the State a« G auhati Government in this behalf and duly notified in c i ty * the Official Gazette shall constitute the city of Gauhati. (2) The Government may, from time to time, after consultation with the Corporation, by a notifica­ tion in the official Gazette, alter the limits so as to include therein, or to exclude therefrom, such area as is specified in the notification. Reservation of control in respect of power delegated. Delegation of Commis­ sioner’s emergency powers. Power of the 38. Whenever the Commissioner takes any action Commissio- in cnticipation of the approval, sanction, consent able with the o r concurrence or the Corporation in pursuance oi approval l he powers delegated to him under Section 35 he of the stand- shall forthwith inform the Mayor. ing Commit­ tee. 39. The exercise or discharge by any municipal officer of any powers, duties or functions delegate to him under Section 37 shall be subject to such restrictions, limitations and conditions, if any, as may be laid down by the Commissioner and shall also be subject to his control and revision. 40. The Commissioner may on his own lespon- sibility and by an order in writing authorise the Health Officer, the Engineer, the Revenue Officer or any other officer who is the head of a depaitment working under the Commissioner, or any person in temporary charge of the duties of any of the offices aforesaid to exercise the emergency powers conferred upon him by Section 35. Administration Report 41. (1) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government, the Commissioner shall prepare a detailed administration report on the pre­ G overnm ent ceding year in such form as the Government may prescribe. (2) The Corporation shall consider the report and forward the same to the Government with their resolu­ tions thereon,if any. (3) Copies of the administration report shall be kept for sale at the municipal office. Submission of annual Adminis­ tration re- nort to CHAPTER IH Election of Councillors Declaration 42- (•) For the purposes of this Act the areas of local areas within the limits to be specified by the State a« G auhati Government in this behalf and duly notified in c i ty * the Official Gazette shall constitute the city of Gauhati. (2) The Government may, from time to time, after consultation with the Corporation, by a notifica­ tion in the official Gazette, alter the limits so as to include therein, or to exclude therefrom, such area as is specified in the notification. 55 (3) The power to issue a notification under sub­ section 2 shall be subject to the following conditions, namely:— (a) a draft of the proposed notification shall be published in the official Gazette for the information of all persons likely to be affected thereby inviting objections and s u g g e s t i o n s within 60 days from the date of such publication as may be specified in such notification ; (b) a copy of the draft notification shall be referred to the Corporation for expressing its views thereon within the period specified in such notificat ion ; and (c) such draft shall not be further proceeded with until after the period specified in the notification has expired; (d) On the expiry of the period specified in the notification issued under clause (a) of this sub-section and after considering any objection or suggestion which may be received by Government within the speci­ fied period of the said notification, the State Govern­ ment may by notification within a period of six months from the expiry of the period specified in the notification referred to above, include the pro­ posed area or any part thereof in the Corporation or exclude it therefrom. Deiimitaticn 43. (1) For the purposes of election of councillors of wards, the Corporation with the approval of the Govern­ ment shall— (a) divide the city into such number of wards as there are councillors to be elected ; and (b) determine the extent of each ward (2) Each ward shall return one councillor and all the electors of a ward shall be entitled to vote for election of a councillor from that ward. 56 Power to al. 4. The Government may, from time to time, delimitation1 a t̂ e r consulting the Corporation, by order published orders in the official Gazette, alter or amend any orders made by the Corporation under Section 43. Election of 45. The election of Councillors shall be held in Councillors. t ^ e prescribed manner. Qualifies- 45. a person shall not be qualified to be chosen Councillor-a s a councillor unless his name is registered as an ship." * elector in the electoral roll for any ward in the city: Disqualifies- 47_ (J) A person shall be disqualified for being Councillor- chosen as, and for being, a councillor ship of Cor* poration, (a) if he is of unsound mind and stands s o declared by a competent court ; (b) if he is an undischarged insolvent; (c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance or adherence to a foreign State ; (d) if he holds any office of profit under the Government or under the Corporation or under any other local authority ; (e) if he has in proceedings for questioning the validity or regularity of an election been found to be guilty of— (i) any corrupt practice, or (ii) any offence punishable under section 171-E or Section 171 -F of the Indian Penal Gode unless a period of five years has elapsed since the date of the finding or the disqualification has been removed either retrospectively or prospectively bv the Govern­ ment. 57 f) if he has been sentenced on conviction by a criminal court to imprisonment for any of the offences referred to in clause (e) or to imprisonment for an offence involving m o r a l t u r p i t u d e unless in each case a period of five years has elapsed since the date of the convic­ tion or the disqualification has been removed either retrospectively or prospectively by the Government ; (g) if he is directly interested in any subsisting contract made with, or any work being done for the Corporation * except as a shareholder (other than a director) in an incorporated com­ pany or as a member of a co­ operative society ; t (h) if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in a professional capacity in connection with any cause or proceedings in which the Corporation or any of the municipal authorities is interested or concerned ; (i) if he fails to pay any arrears of any ♦ kind, due from him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him. (2) Notwithstanding anything contained in sub-section (1)— (a) a person shall not be deemed to have incurred any disqualification under clause (d) of that sub-section by reason only of his receiving— (i) any pension ; or (ii) any allowance or facility for serving as the Mayor or Deputy Mayor or as a Councillor ; or fjii) any fee toi attending a meeting of any committee of the Corporation; 58 (b ) a disqualification under clauses (e) and ( f ) oi sub-section (1) shall not take effect until three months have elapsed since the date of such disqualification or if within the period of limitation for sub­ mitting an appeal or petition for revision is brought in respect of the conviction or sentence, until that appeal or petition is disposed o f ; or » i ;) a person shall not be deemed to have any interest in a contract or work such as is referred to in clause (h) of that sub-section by reason only of his having share or interest in— (il any lease, sale, exchange or purchase of immovable property or any agreement for the same ; or (ii) any agreement for the loan of money or any security for the payment of money ; or (iii'l any newspaper in which any advertise­ ment relating to the affairs of the Corporation is inserted ; or (iv) the sale to the Corporation or to any municipal authority or any employee of the Corporation on behalf of the Corporation of any article in which he regularly trades or the pur­ chase from the Corporation or from any such authority, or any such employee on behalf of the Cor­ poration, of any article of a value in either case not exceeding two thousand rupees in the pgreegate in any year during the period of the contract or work ; or (v) the letting out on hire to the Corpora­ tion or the hiring from the Cor­ poration of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work ; Or fvi) any agreement or contract with the Corporation or any municipal authority for taking water or elec­ tricity or any other thing which the Corporation may generally supply. 59 (3) If a person sits or votes as a Councillor of the Corporation when he knows that he is not qualified or that he is disqualified to be a Councillor he shall be liable in respect of each day on which he so sits or votes to a penalty of two hundred and fifty rupees to be recovered as an arrear of tax under this Act. Disqualities from continuing as Councillor. 48. (1) If a Councillor— (a) becomes disqualified for being a member by reason of the provisions of section 47 ; or (b) absents himself during three successive months from the meetings of the Cor­ poration except from temporary illness or other cause to be approved by the Corporation ; or (c) absents himself from, or is unable to attend, the meetings of the Corporation during six successive meetings for any cause whatever, whether approved by the Corporation or not; he shall cease to hold office as such and the Government, may, by notification in the official Gazette, declare his seat to be vacant. (2) »Vhen a C ouncillor ceases to hold office as such the Commissioner shall at once intimate in writing the fact to such Councillor and the Govern­ ment, and report the same to the Corporation at its next ensuring meeting. R ight t° vote 49. (1) Every person whose name is, for the time o f voting0 b e i n « entered in the electoral roll for a ward, pre­ pared in the prescribed manner, shall be entitled to vote at the election of a Councillor from that ward. (2) Voting shall be by secret ballot and every elector shall have one vote. 60 General election of Councillors. 50. (1) A general election of Councillors shall be held for the purposes of constituting the Corporation under section 5. (2) A bye-election shall be held for the purposes of filling up vacancies arising in the offices of the Councillors Notifica- 51. For the purposes of constituting the Corporation, tien for elec- t jl e Commissioner shall, by one or more notifications cillors UD" published in the official Gazette, call upon all the wards to elect Councillors in accordance with the provision of this Act and the rules and orders made thereunder before such date or dates as may be specified in the notification or notifications. 52. When a vacancy occurs in the office of aCoun- 0ffice> e ofl n c ih° r » the Commissioner shall, as soon as may be, Councillor, after the occurrence of such vacancy by a notifica­ tion in the official Gazette call upon the ward con­ cerned to elect a person for the purpose of filling the vacancy: Provided that no election shall be held to fill a vacancy occurring within six months prior to the holding of a general election under section 50 (1). Procedure 53. (1) If at a general election or a subsequent if election bye-election held to fill a vacancy no Councillor is aside°r ** e hcted or an insufficient number of Councillors are elected or the election of any or all of the Councillors is set aside under this Act and there is no other candidate or candidates who can be deemed to have been elected in his place or their places, the Commissioner shall fix another day for holding a fresh election and fresh election shall be held accordingly in the prescribed manner. (2) A Councillor elected under this section shall be deemed to have been elected to fill a vacancy. 54. If at a general election or an election held to fill a vacancy there is an equality of votes between c _ two or more candidates, the Commissioner shall uality ofvotes- decide by drawing lots which candidate shall be deemed to have been elected. Procedure on failure of election in 61 Term of 55, (1) Subject to the provision of this Act, the Councillors t c r m ° f office °f a Councillor shall be for five years and shall commence on the date of first meeting of the result of the general election under section 56: Provided that the Government may, by notifica­ tion in the official Gazette extend for reasons to be specified therein the said term to such period as it thinks fit and provided further that the total period so extended shall not exceed one year under section- 50(1). (2) A Councillor elected to fill a vacancy shall hold office for the unexpired period of office of the Councillor in whose place he has been elected. (3) An outgoing Councillor shall continue in office until the election of his successor is notified under section 56. « Publication 56. The names of all persons elected as Gouncil- •kcden* l° r s a s s o o n a s m a y be a ft e r such election be published by the Government in the official Gazette : Provided that the names of all Councillors elected at a general election shall be so published as far as possible simultaneously. 57. (1) Every Councillor shall before taking his affirmation' s e a t m a ^e a n ^ subscribe at a meeting of the Cor­ by Council- potation an oath or affirmation according to the l»n. following form, namely:— “ I, A. B. having been elected a Councillor of the Municipal Corporation of the city of Gauhati do swear in the name of God/ solemnly affirm that I will bear true faith and allegiance to the Constitution of — India as by law established and that I will faithfully discharge the duty upon which I am about to enter.” (2) If a person sits or votes as a Councillor before he has complied with the requirements of sub-section (1) he shall be liable in respect of each day on which he so sits or votes to a penalty of two hundred and fifty rupees to be recovered as an arrear of tax under this Act. Resignation 58. Any Councillor may by writing under his o f office by hand addressed to the Mayor resign his office and Oouaoulor. g u c h resignation shall take effect from the date on which it is accepted by the Mayor. 62 Definitions. Election petition . T rial o f E lection Petitions 59. In this chapter unless there is anything repugnant in the context— (a'' “costs” mean all costs, charges and expenses of or incidental to