The Gauhati Municipal Corporation (Amendment) Act, 1994

RegMcred N r A 12 • THE ASSAM GAZETTE EXTRAORDINARY m SUSH ElD B¥ AUTHORITY? n? 61 No. 61 fsf't’fw, 6 1994, 16 1916 («r ) Dispur, Friday, 6th May 1994, 16lh Vuisakha, ’016 (>, E.) GOVERNMENT OF ASSAM ORDERS B Y THE GOVERNOR EGI5LATTVE DEPART TENT : LEGISLATIVE BRANCH NOTIFICATION The 6th May 1994 No. LGL. 135/93/49- -T he following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. 752 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 ASSAM ACT NO XXVI 1994 (Received the assent of the Governor on 5th May, 1994) THE GUWAHATI MUNICIPAL CORPORATION (AMENDMENT) ACT, 1994 AN ACT further to amend the Guwahati Municipal Cor- A r ssa?1 IAcl poration Act, 1969. Preamble. Whereas it is expedient further to amend the Guwahati Municipal Corporation Act, 1969, hereinafter referred to as the princi­ pal Act, in conformity with the provisions of the Constitution (Seventy-fourth Amen­ dment) Act, 1992. It is hereby enacted in the .Forty-fifth Year of Republic of India as follows short title, 1.(1) This Act may be called the Guwa- commence-d hati Municipal Corporation (Amendment) meat. Act, 1994. (2) It shall have the like extent !as the principal Act. (3) It shall come into force at once. Insertion in section 3. 2. In the principal Act, in section 3, after clause (87), the following clauses shall be inserted, namely :— (88) “ State Finance Commission” means the Finance Commission constituted under Article 243-1 of the Constitution of India ; (89) “ State Election Commission” means the Election Commission constituted by the Government of Assam and as referred to in Article 243-ZA of the Constitution of India” . THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 753 Amendment 3. jn the principal Act, in section 5, o se ion 5. fo r s u ^_s e c t jo n (l)(a), the following shall be substituted, namely :— “(l)(a)(i) There shall be one Councillor for every population of 15,000 sub­ ject to maximum of 60 members. (ii) Government may nominate not more than two persons having special knowledge or experience in Municipal Administration, as members who shall have the right to attend and speak at all meetings of the Corporation but shall not have the right to vote. Such persons shall not be deemed to be Councillors for the purposes of this Act. (iii) The members of the House of people and the members of the Assam Legislative Assembly representing the Constituencies which comprise fully or partly the Corporation Area, shall be the ex-officio members of the Corporation. (iv) The members of the Council of States registered as electors with­ in the Corporation area shall be the ex-officio members of the Corporation. (v) Reservation of seats in the Cor­ poration for the Scheduled Castes and Scheduled Tribes and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Corpora­ tion as the population of the Sche­ duled Castes in the Corporation area or the Scheduled Tribes in 754 THE ASSAM GAZETTE, EXTRAORDINARY, M AY 6, 1994 the Corporation area bears to the total population of that area as per the latest census figures and such seats may be allotted by rotation to different wards of the Corporation : Provided that not less than one-third of the total number of seats reserved under this sub­ section shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes : Provided further that not less than one-third (including the number of seats reserved for women belonging to the Sche­ duled Castes and Scheduled Tri­ bes) of the total number of seats to be filled by direct ele­ ction in the Corporation shall be reserved for women and such seats may be allotted by rota­ tion to different wards of the Cor­ poration: Provided further that the office of the Mayor shall be re­ served for the Scheduled Castes, the Scheduled Tribes and women on roster basis as per their respective percentage to the total population : Provided also that the reser­ vation of seats for the Scheduled Castes and the Scheduled Tribes in the Corporation shall continue as long as special representation for the Scheduled Castes and the Scheduled Tribes continue to be provided for in the Constitu­ tion of India.” I THE ASbAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 755 Insertion in section 8. 4. In the principal Act, in section 8,— (i) In clause (40), in the last line, the word “and” shall be omitted ; (ii) after clause (41), the following new clauses shall be inserted, namely “(42) urban planning including town planning ; (43) regulation of land use and cons­ truction of buildings ; (44) planning for economic and social development ; (45) slum improvement and upgra- dation ; (46) urban poverty alleviation.” Amendment 5. In the principal Act, in section 15, o section 15. jn s u b_s e c tio n 0 ), the words, “after the first day of January each year” shall be omi­ tted. insertion 6. In the principal Act, after section section To a 19, after the heading “The Standing Co­ mmittee” following new section shall be inserted , namely — Constitution of Ward Committee 20A (1) There shall be constituted Ward Committee consisting of one or more wards but not more than four within the territorial area of the Corporation having a po­ pulation of three lakhs or more. (2) The territorial area of a Ward Committee in the Corporation shall be contiguous to each other. The area of such Ward Commi­ ttee shall be notified by the Government within three months from the date of receipt of 756 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 Insertiftn in lection 47. proposal in this regard from the Corporation. (3) The total number of members of each Ward Committee shall not be more than eight consisting of four Councillors and four others representing leading citizens of the concerned wards who maybe nominated by the Government. (4) The Chairperson of the Ward Committee shall be elected from amongst the elected members of the Ward Committee. I (5) The Ward Committee shall main­ ly look after the needs of the re­ sidents in a more intimate manner making it unnecessary for the residents to go to the Cor­ poration. (6) The decision o f the Ward Co­ mmittee with regard to the sele­ ction of the schemes for develop­ ment of the area shall be bin­ ding on the part of the Cor­ poration while such schemes are taken up for execution by the Corporation. (7) The tenure of the Ward Commi­ ttee shall be co-terminus with the tenure of the Corporation and on dissolution of the Corpora­ tion the Ward Committee shall automatically stand dissolved.” 7. In the principal Act, in section 47, in sub-section (I), after clause (i), the follow­ ing clauses shall be inserted, namely:— “(j) If he is so disqualified by or under any law for the time being THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 757 in force for the purpose of ele­ ctions to the Assam Legislative Assembly : Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years. (k) If he is disqualified by or under any law made by the Assam Legislative Assembly ofÛ tion°55 8- In the principal Act, in section 55, o s c ion the existing provisions, the following shall be substituted, namely :— “55. The term of the Corporation shall be for five years and shall continue from the date of first meeting after publication of the result of the general election under section 56. The term of the office of a Councillor shall, be co-terminus with the term of the Corporation.” ^™ectî ei57 the principal Act, in section 57,° sec ion j/.n s u b-section (i), jn second paragraph, after the word, “elected”, the following shall be inserted, namely :— “nominated.” Amendment jo. In the principal Act, in section 425, or section i .• /i\425. sub-section (1),— (i) in the first paragraph, for the words, “to be superseded for a period not exceeding twelve years, the following shall be substituted, namely :— 758 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 “to be dissolved for a period not exceeding six months;” (ii) in the first proviso, for the words, “to show cause”, the words, “of being heard” shall be substituted; ' ! •' I t I ■ t ■ ■ (iii) for the existing second proviso, the following provisos shall be substi­ tuted, namely :— “Provided further that an election to constitute the Corpo­ ration shall be completed— (a) before the expiry of the duration specified in section 55 ; (b) before the expiration of a period of six months from the date of its dissolution : Provided further that where the remainder of the period for which the Corporation is dis­ solved is less than six months, it shall not be necessary to hold the election for constituting the Cor­ poration for such period : Provided also that the Cor­ poration constituted upon disso­ lution before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Corpo­ ration would have continued un­ der section 55 had it not been so dissolved.” K. LASKAR, Secretary to the Govt, of Assam, Legislative Department. G w ab ati : Printed g nd published by.the Dy. Director P), Ditectosate of Ptg. and Sty. Assam, Guwahati-21 (Ex. Gazette; No. 121-1005 —400-6-5-94