The Gauhati Municipal Corporation (Amendment) Act, 1979

----------- ■ , The Assam Gazette '■ V W • - EXTRAORDINARY PUBLISHED BY AUTHORITY «r 123 W 'T ’. 1.1 ct, 1979, 21 <r̂ td, 1901 -R No. 123 Dispar, Friday, 11th May, 1979, 21st Vaisakha, 1901 (S. E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT ( ’ ’ ' NOTIFICATION The 10th May 1979 No. LGL. 46/79/36.—-The following Act of the Assam. Legislative Assembly which received the assent of the Governor is hereby published for general information. 760 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 1979 ASSAM ACT XI OF 1979 (Received the assent of the Governor on 6th May, 1979) THE GAUHATI MUNICIPAL CORPORATION (AMENDMENT) ACT, 1979 An Act further to Act, 1969. amend the Gauhati Municipal Corporation Preamble. W hereas it is expedient fu rther to Assam Act 1 amend the G auhati Municipal Corpora- of 19 3‘ tion Act, 1969, hereinafter called the principal Act, in the m anner hereinafter appearing ; Short title, extent and commence­ ment. It is hereby enacted in the T hirtieth Year of the Republic of India as fo llow s:— 1. (1) This Act may be called the Gauhati M unicipal Corporation (Amendment) Act, 1979. (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. Amendment of Section 1 of Assam Act I of 1973. 2. In the principal Act, in Section 1, in sub­ section (1), at the end of the title of the Act, the figure "1971” shall be "1969”. substituted bv the figure Amendment of Section 2 of Assam Act I of 1973. 3. In the principal section (1), Act, in Section 2, in sub- (i) appearing at the end of (ii) the comma the figure "1956” shall be substituted by the word "and” ; the words and figures "the Panchayat Act, 1959 and the Assam Town and Country Planning Act, 1959” shall be substituted by the words and figures "the Assam Panchayati Raj Act, 1972” ; THE ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 1979 761 (iii) at the end of the existing sub-section the following sentence shall be added, nam ely :— "The Assam Town and Country Planning Act, 1959 shall apply and be in force w ithin the territo ria l lim its of the Cor­ poration w ith effect from the date of coming into force of the G auhati M uni­ cipal Corporation (Amendment) Act, 1979”. Amendment of Section 5 4. In the principal Act, in Section 5, in sub- of Assam section (1), a t v / > 1973. (i) existing clause (a) shall be substituted by the following, nam ely :— "(a) There shall be one Councillor for a m inim um of every seven thousand five hundred population subject to a m axi­ m um num ber of sixty Councillors for the C orporation”; (ii) in the existing first proviso of clause (a), the word "five” shall be substituted by the word "four”; (iii) in the second proviso of clause (a), the word "five” shall be substituted by the words "two and a ha lf”. Amendment of Section 11 of Assam Act I of 1973. 5. In the principal Act, in Section 11, (i) in sub-section (1), the words "the M ayor” appearing betw een the words "o r” and "m ay” shall be substituted by the words "any Standing Com mittee”; (ii) in sub-section (2), the word "could” ap­ pearing betw een the words "therew ith” and "be prejudicial” shall be substituted by the word "w ould” ; 762 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 1979 (iii) in sub-section (2), the word "Commis­ sioner” appearing twice, first between the words "of th e” and "or of” and secondly between the words "by th e” and "or th e” shall be substituted by the word "Corporation” and the word "Com­ m issioner” appearing betw een the words "to th e” and "whose” shall be substituted by the word "G overnm ent”. Amendment of Section 17 of Assam Act I of 1973. 6. In the principal Act, in Section 17, sub-section (2), the existing proviso shall substituted by the following, nam ely :— in be "Provided tha t no le tte r shall be sent to the Governm ent by the Commissioner w ithout send­ ing a copy thereof to the Mayor on receipt of which the Mayor m ay furnish his views, if any, to the G overnm ent.” Amendment of Section 19 of Assam Act I of 1973. 7. In the principal Act, in Section 19, in sub-section (3), the words "other than preroga­ tives of the M ayor” preceded and followed by comma, shall be inserted in betw een the words "functions” and "to”. Amendment of Section 72 of Assam Act I of 1973. 8. In the principal Act, in Section 72, (i) in sub-section (2), the words "two hund­ red and fifty” appearing betw een the words "not below” and "rupees” shall be substituted by the words "five hundred” ; (ii) in sub-section (3), the words "two hundred and fifty” appearing between the words "not below” and "rupees” shall be substituted by the words "five hundred” ; (iii) in sub-section (5), the word " th ree” ap­ pearing betw een the words "exceed” and "m onths” shall be substituted by the word "four” ; (iv) in sub-section (6), the words "two hund­ red and fifty” appearing between the words "is below” and "rupees” shall be substituted by the words "five hundred”. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 1979 763 Amendment of Section 73 of Assam Act 1 of 1973. 9 In the principal Act, in Section 73, after sub-section (1), the following shall be added as new sub-section (IA), namely :— "(IA) Whenever a Corporation is superseded under Section 425 of the principal Act, the office of membership held by the two Councillors under clause (c) of the preceding sub-section shall be held :— (i) when only one person is appointed as administrator, by such administrator and the Commissioner of the Corporation; (ii) when a council of administrators is ap­ pointed with only two persons, by these two administrators ; 1 (iii) when more than two persons are appoint­ ed as council of administrators, by such two of them as may be selected by the council of administrators in a meeting” . Amendment 10. In the principal Act, in Section 74, in °fofAJsam7 4 sub_ s e c ti0 n (3), in the proviso, the words "not Act i of appointed by the Commissioner” shall be subs- 197?i tituted by the words "the maximum of whose scale of pay is not below five hundred rupees” . Amendment 11. In the principal Act, in Section 75, of Section 75 of Assam Act i of (i) in sub-section (1), the word "rules” ap­ pearing in between the words "in the” and "to be” shall be substituted by the word "regulations” ; (ii) sub-section (2) shall be substituted by the following, nam ely:— "(2) (a) In the case of a Municipal Officer or staff the maximum of whose pay scale does not exceed one thousand rupees per mensem, an appeal shall lie to the Standing Finance Com­ mittee ; 7'54 r H E ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 197 9 (b) In the case of M unicipal Officer or staff the m axim um of whose pay scale exceeds one thousand rupees per mensem, an appeal shall lie to the State G overnm ent.” o^Sectbn"1 12. In the principal Act, in Section 120, in 120 ofAssamsub-section (2), in betw een the words "p rin ted” Aĉ 1 of and "copy” the words "or, in the alternative, a cyclostyled” shall be inserted. Insertion o. new Section 309A in Assam Act I of 1973. 13. In the principal Act, after Section 309, the following shall be added as new Section 309A, nam ely :— "309A. Subject to the provisions of the Cattle Trespass Act, 1887, the Corporation m ay establish and m aintain pounds w ithin the city for all kinds of anim als.” Amendment 14. In the principal Act, in Section 315, the °]5 Se 0 c f tion fullstop appearing at the end of clause (c), .vsamAct shall be substituted by the semicolon and word 1 et ,973- " ; o r” and thereafter the following shall be ad­ ded as new clause (d), nam ely "(d) m ay firm out any m unicipal m arket or pound either by auction or by tender for a period of one year only : Provided tha t extension for a total period not exceeding one m ore year m ay be granted in exceptional circumstances for reasons to be re ­ Amendment of Section 337 of Assam Act I of 1973. corded.” BE** ' 15. In the principal Act, m Section 337, sub-section (3), the words " th irty days” ing in betw een the words "expiry of” and Commissioner” shall be substituted by words in appear- "the "seven, days”. Amendment Jn the principal Act, in Section 425, 425S of A°ssam(i) i n sub-section (1), Act I of 1 1973, (i) at the end of the first proviso, the colon "(:)” shall be substituted by a fullstop "(.)” ; THE ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 1979 765 (ii) the second proviso shall be deleted; (iii) in sub-section (2), after clause (b), the following new clause shall be inserted as clause "(bb)” , namely :— i "(bb) The person or persons so appointed under the preceding clause shall also exercise and perform, as far as may be, the powers and duties of various Standing Committees and Joint Committees under the provisions of this Act and for the purpose of such exercise such person or persons shall be deemed to be the respective Standing Committee or Joint Committee, as the case may be, within the meaning of this Act.” ofmFounhnt 17. the principal Act, in the Fourth Schedule of Schedule, Assam Act (1) in the entries bearing serial number 10 in the third column, for the word "Do”, the words "as may be fixed from time to time subject to a maximum of three thousand rupees” shall be substituted; (2) in the entries bearing serial number 11, in the third column, for the word "Do”, the words "two hundred and fifty rupees” shall be substi­ tuted ; (3) the entries bearing serial numbers 26, 39, 56 and 76 shall be deleted. U. TAHBILDAR, Secy, to the Govt, of Assam, Legislative Department. Gauhati—Printed and published by the Supdt. : /c.. Assam Govt. Printing Press, (Ex-Gazette) No. 245—850+500+25—11-5-1979.