The Gauhati Municipal Corporation (Amendment) Act, 1983

Registered No. A«12 The Assam Gazette ew nw r EXTRAORDINARY ' • - 1 - - , - - # 2fl?f ‘ ? PUBLISHED BY AUTHORITY « _ _ _ _ _ _ __ .___ _______ _______ _ _ _._ _______ ls« 129 tn’i’p p m w , 10 1933, 18 1905 ‘*rf No. 129 Dispttr, M a n ia ,, 10th October, 1983, 18th A»vina, 1905 (S. E.) ~ --------------------------------------- GOVERNMENT OE ASSAM ORDERS BY THE GOVERNOR f . .. ■■■ . . . ■ « i i . .■ . i - ■ LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH NOTIFICATIONS y r , : . - , - - The 10th October 1983 No. LGL. 108/83/46.—The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. 854 THE ASSAM GAZETTE, EXTRAORDINARY, OCT, 10, 1983 ASSAM ACT NO. X OF 1983 (Received the assent of the Governor on 8th October, 1983) THE GAUHATI MUNICIPAL CORPORATION (AMENDMENT) ACT, 1983. An Act to amend the Gauhati Municipal Corpo- ^1913^ 1 ration Act, 1969 (Assam Act I of 1973). Whereas it is expedient to amend the Gau­ hati Municipal Corporation Act, 1969 herein­ after called the principal Act, in the manner hereinafter appearing ; It is hereby enacted in the Thirty-fourth Year of the Republic of India, as follows:— ii>r< title, sstent and sjmrnence- uen t. / . 1. (i) This Act may be called the Gauhat? Municipal Corporation (Amendment) Act, 1983. (ii) It shall have the like extent as the principal Act. (iii) It shall’be deemed to have come into force on first August, 1983. \mend- mcnt of Section 72 of Assam Act I of 1973. 2. In the principal Act, in Section 72, in sub- • section (6), the full stop appearing at the end shall be substituted by a colon and thereafter the following proviso shall b.e inserted, namely :- \ "Provided that notwithstanding anything contained in the principal Act, during the period of supersession, appointments to posts carrying any salary shall be made by the Commissioner with the approval of the State Government." THE ASSAM GAZETTE, EXTRAORDINARY OCT. 10, 1985 aor> Amendment 3 I n t h e principal Act, in Section 150, in 150 of sub-section (I), m the second proviso to iA o?ni973Ct clause(b), for the figure "1951” , the figure "1972” shall be substituted. fi Amendment 4. In the principal Act, in Section 425,- 425 ofCAs°am(a) in sub-section (I), the full stop ".” appearing at Act i Of the end of the existing proviso shall be sub- 1973- stituted by a colon and thereafter the following shall be inserted as a second proviso, namely "Provided further that at any time before the expiration of the period of supersession or the extended' period' of supersession, as the case may be, the State Government may, from time to time, extend the period of supersession for such period as may be determined, no such extension exceeding one year at a time and the total period of supersession not exceeding a continu­ ous period of three years (b) in sub-section (2), after clause (d) the fol­ lowing shall be inserted as a new clause "(e)” , namely :- "(e) (i) Notwithstanding anything contained in the principal Act, during the period of superses­ sion, the Commissioner shall sanction any esti­ mate or contract for a particular work the amount of which does not exceed twenty thous­ and rupees ; (ii) If the amount of estimate or contract exceeds twenty thousand rupees, the Commissioner shall sanction the estimate or contract with the ap­ proval of the State Government.” Amendment of Section 438 of A ssam Act I of 1973. 5. In the principal Act, in Section 438 - (i) In sub-section (2), the full stop ".” appearing at the end shall be substituted by a colon ” and thereafter the following shall be inserted as a new proviso, namely 856 THE ASSAM GAZETTE. EXTRAORDINARY, OCT. 10, 193 "Provided th a t notw ithstanding anything contained in the Act, during the period of superse­ ssion, an appeal shall lie before the S tate G overnm ent against the decision of the Standing Appeal Committee.” (ii) A fter su b je c tio n (2), the following shall be inserted as a new sub-section (3) n a m e ly :— "(3) N otw ithstanding anything contained in the principal Act, the S tate G overnm ent may, at any time, call for the records in any m atter from the Corporation and give such order as m ay be deemed necessary after exam ination of such records. The order of the S tate Governm ent, in th is regard, shall be final” . Amendment 6. In the principal Act, in Section 444 for the 4 i 4 S a nmf i2u r e "1951”, the figure "1972” shall be sub- < Act i of stituted. 1973. ‘ Repeals and Savings. 7. (1) The G auhati Municipal Corporation (Amendment) Ordinance, 1983 is hereby repealed. . (2) Notw ithstanding such repeal any , order passed, notification' issued, anything done or any action taken under the principal Act, as amended by the G auhati Municipal Corporation, (Amend­ ment) Ordinance, 1983 shall be deemed to have been passed, issued done or taken under the corresponding provisions of the principal Act as am ended by this Act. j • , D. (*. SARMA, Secy, to the Govt, of Assam, Judicial &’ Legislative Deptt. THE ASSAM GAZETTE, EXTRAORDINARY, O CT. 10, 1983 857 Short title, extent and • commence­ ment. s' Definition. The 10th October 1983 No. LGL. 161/81/104.—The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. ASSAM ACT NO. XI OF 1983. (Received the assent of the Governor on 8th October, 1983) THE ASSAM TRIBAL DEVELOPMENT AUTHORITY ACT, 1983 A» Act to provide for the setting up of a Tribal Development Authority to accelerate development in the Plains Tribal Areas of the State of Assam. Preamble. Whereas it is expedient to provide for the setting up of a Tribal Development Authority to accelerate development in the Plains Tribal Areas of the State of Assam. It is hereby enacted in the Thirty-fourth Year of the Republic of India as follows :— 1. (i) This Act may be called the Assam Tribal Development Authority Act, 1983. (ii) It shall come into force on such date as the State Government may, by noti­ fication in the official Gazette appoint. (ii|) The Act shall apply to such area or areas as the State Government may by notification in the official Gazette from time to time specify. 2. In this Act unless there is anything repug­ nant in the subject or context:— (a) "Authority” means the Tribal Develop­ ment Authority of Assam. (b) "Government” means the State Govern­ ment of Assam. (c) "Governor” means the Governor of Assam. 853 THE ASSAM GAZETTE EXTRAORDINARY, OCT. 10, 1983 (d) "Rules” mean the rules made under this Act. (e) 'MLA’ and 'MP’ mean the member of the Legislative Assembly of the State of Assam and the member of Lok Sabha or Rajya Sabha respectively. The setting up of the . A uthority and its com­ position. ' CHAPTER II 3. (1) The Government shall set up a Tribal Development Authority for the Plains Tribal Areas of Assam imme­ diately after the doming into force of this Act. (2) The Authority will be a corporate body with a perpetual succession and com­ mon seal. (3) The Authority, unless sooner dissolved, shall continue for five years from the date appointed for its first meetings : Provided that the said period may be exten­ ded by the Governor by notification in the Official Gazette for a period not exceeding one year at a time. i . , 4. The Authority shall consist of the following:—■ (1) (a) The Chairman of the Authority shall be the Chief Minister, Assam. (b) The Vice-Chairman shall be the Minister in-charge of the Welfare of Plains Tribes and Backward Classes Department. (c) All Plains Tribal M.L.As. and M.Ps. of the State representing the area in / which the Act is applicable. ■ 7 ' ' ” ' . . ' ' . ' ' ■ ■■ . ' \ . f l IE ASSAM GAZETTE, EXTRAORDINARY, OCT. 10, 1983 859 (d) 8 (eight) m em bers to be elected as provided in sub-section (2) of th is Section stric tly by the lim ited voters belonging to the Plains Tribal Com­ m unities of the Gaon Panchayat areas, or a part of the Gaon Pancha­ yat falling w ithin the areas to which th is Act is applied. (e) An officer not below the rank of a Divisional Commissioner nom inated by the G overnm ent shall be the M em ber-Secretary of the A uthority. (f) 5 (five) Ex-officio m em bers nom inated by the G overnm ent from among the officers of the Developm ental D epart­ ments. (g) Not more than two representatives shall be nom inated by the C entral Government. (2) As soon as possible after the coming into force of the Act, the Governm ent shall arrange to hold the elections for the m em bers to be elected as provided under clause (d) above. The m em bers of the Gaon Panchayat or a pa rt of the Gaon Panchayat falling in the area to which the Act is applied shall form the Elec­ toral College for the purposes. The pro­ cedure for the election shall be as laid down by the Rules.- - • . , ■ • ^7 v ; ggg-j 5. The tenure of the Vice-Chairm an shall be for a period of five years. The term s of the m em ­ bers who are M LAs or M.Ps shall be coterm inus w ith th e ir m em bership of the Legislative Assemb­ ly or Parliam ent as the case m ay be. The norm al term s of the m em bers elected under Section 4(1) (d) shall be for a period of five years. 860 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 10, 1983 6. Notwithstanding anything contained herein before the Governor may from time to time reconstitute the Authority. Salary and allowances of Vice- Chairman. 7. The Vice-Chairman (if nominated from members other than Minister) shall receive TA/ DA as per rules and sitting fees as may be laid down by the Government. 8. The non-official members of the Authority shall receive such TA/DA as per rules and sitting fees as the Government may decide : . I Provided that the Government may, while deciding the sitting fees payable to MPs. and ML As., take into account the provisions of Arti­ cle 102 and 192 of the Constitution of India and also those of Parliament (Prevention of pisquali- fication) Act. 1959 and such Acts of the State of Assam in respect of prevention and disqualifica­ tions of the.members of the State Legislature. Resignation. resign his Chairman. 9. Aliy of the members of the Authority may office by addressing a letter to the ■ . - ......T The Government shall have the right the Vice-Chairman (if nominated from or any Removal of i n / 1 \ members I V . H l to remove the members other than the Minister) other member of the Authority before the expiry of his term op any one or more of the following grounds:— (a) On his refusal to serve in the Authority. (b) If he is incapable of holding the office due to disease or infirmity. (c) On absence from 5 (five) successive meet­ ings of the Authority without suffi­ cient reason. ............... ........ _ _ (d) If he has misused his office. THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 10, 1983 861 (e) If his retention in the Authority is other­ wise considered undesirable or against the interest of the Authority. (2) The order under sub-section (!) above shall not be parsed until the Vice-Chairman or member-concerned has been given an opportuni­ ty to show cause as to why the order should not be passed. (3) A person removed from the office under sub-section (i) shall be disqualified from holding any office under the authority for 5 years, com­ mencing from the date of such removal. Power to fill vacancies. Staff of the Authority. 11. The Government shall have the power to fill up the vacancies in accordance with the provisions of the Act, in case of the office of Vice- Chairman or a Member falls vacant due to resignation; removal, death or any other cause before the expiry of term of such Vice-Chairman or members. The term of such Vice-Chairman or members shall be coterminus with the expiry of the term of the other regular members of the Authority. 12. The Authority may have such staff as may be decided by the Authority with the ap­ proval of the Government. CHAPTER III . Procedure for the meeting of the Authority Meeting of the Autho­ rity. in 13. (1) The Authority shall meet at least once three months provided that a meeting of the Authority may be called by the Chairman at shorter intervals if he considers it necessary. (2) The Chairman or in his absence the Vice-Chairman shall preside over the meeting of the Authority. In the absence of the . Chairman and the Vice-Chairman the members present shall elect any member to preside over the meeting. 862 THE ASSAM GAZETTE. EXTRAORDINARY, OCT. 10, 1983(3) The notice for the meeting of the Autho­rity shall be issued by the Member Secretary and normally 10 days’ notice will be necessary unless the requirement is waived by the Chair­man.14. The Chairman may ihvite such person to attend the meeting as he may consider neces­sary but such invitees shall have no voting power. Q uorum . 15. (i) One-third of the total voting mem­bers of the Authority shall form a quorum for a meeting.(ii) In case the minimum number of the voting members forming a quorum are not present in a meeting, the meeting shall be postponed and reconvened after ■ giving 7 days’ notice. No quorum shall be necessary to transact any business of the reconvened meeting.16. (1) The Authority shall have the follow­ing functions :—Functions ®f the Autho­ r s y . (a) To prepare short-term and long-termplans for all round socio-economic deve­lopment of the areas to which this Act is applied. "(b) To formulate schemes for the develop­ment of the area in the context and within the frame-work of the State Plans. I /(c) To recommend such other measures as may be considered necessary for accele­rating the development of the area.(d) To review the schemes for the develop­ment of the area and their progress from time to time. THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 10, 1983 863 (e) To call for the reports relating to the implementation of the development pro­ grammes in the area and to suggest measures for co-ordination and supervi­ sion of the Schemes. (2) The Authority may with the approval of the Government set up such agency at Sub-Divisional or block level as it may consider necessary for the effective discharge of its func­ tions. CHAPTER IV Fund of the Authority 17. The Authority shall have its own fund called "The Tribal Development Authority Fund” into which all the sums received from the Government for the development of the area will be credited. The fund shall be non-lapsable. 18. The Government may frame rules for maintenance of the fund and for regulating the accounting procedure to be followed by the Authority. * 19. The Accounts of the Authority will be subject to Audit by such agencies as the Government may prescribe from time to time. 20. The Authority shail adopt its budget be­ fore the commencement of the financial year and the budget will be operated with the approval of the Government. Power to borrow. X Submission o f Annual Report. 21. The Authority shall have the power to take loans from the Government on such terms and conditions as may be agreed upon. 22. Within 3 months of the expiry of each financial year, the Authority shall submit a re­ port to the Government indicating the activities, 864 THE ASSAM GAZETTE, EXTRAORDINARY, OC !•. 10, 1983revenue and expenditure' of the Authority during the course of the financial year.Authority to submit re­ports, etc. 23. The Authority shall submit reports and furnish such figures and data as may be required by the Government. CHAPTER V Miscellaneous24. The Government shall have thePower of theState Gov­ernment to power to issue from time to time such directives issue direc- t o t h e Authority as it may consider necessary and the Authority shall carry them out.Authority01 25. The members, the staff and office bearers and staff to of the Authority shall be deemed to be public slants. l c servants within the meaning of Section 21. of the Indian Panel Code.ofVinvJidan- 26. No Act or proceedings of the Authority tjon of Act shall be invalidated by reasons of any vacancy ing3.P:o 'H 'in the Authority, any defect in the composition thereof or any irregularity in the procedure of the Authority. & fcrlardone. 27. No Suit shall lie against any public ser­vant for anything done by him in good faith under the Act.makT rales. 28. The Goverhment shall power to make rules to give effect sions of the Act as it may consider have the to the provi- necessary: Provided that such rules shall be laid as soon as may be, after they are made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be com­prised in one session or in two successive sessions, and it before the expiry of the session in which it is so laid, or in session immediately following.■V / THE ASSAM C U ZSTTS. EXTRAORDINARY, O C T , > O ^ i w j §65the Assail* Legislative Assembly agreed in mak­ing any modification in the rule or the Assam Legislative Assembly agree that no rules should be made, the rules shall thereafter, have effect only in such modified form or be of no effect, as the case may be ; Provided that any such modifica­tion or annulment shall be without prejudice to the validity of anything previously done under the rules, Iweal aad 29 (1) The Assam Tribal Develop^anl^MV savisg, m e n t Authority Ordinance, 19B3 is hereof im, by repealed. (2) Notwithstanding such repeal anything done or any action taken under the ordinance so repealed shall be deem­ ed to have been done or taken under the corresponding provisions of this Act, D. C §AhMA, Seey. to the Govt, of As§ams Judicial & Legislative Depth OAVHATf •■“Printed and ptlblufWd by the Sapdt. ilc., Assam Go»t« PrintitJK Frees (S»=Gasette) NtUS?— l sOOO+9()0— iO-KMMS.