The Gauhati Municipal Corporation (Amendment) Act, 2003

Registered No. 786/97' THE ASSAM GAZETTE j EXTRAORDINARY sim we PUBLISHED BY AUTHORITY 55 f w p , 5 ^ , 2004, 15^fRR 1925 (*I<F) No. .55 Dispur, Friday, 5th March, 2004, 15th Phalguna, 1925 (S.E.) GOVERNMENT OF ASSAM / ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT :: LEGIS;ATIVE BRANCH NOTIFICATION The 5th March, 2004 ' No. LGL. 123/2003/44.— The following Act of the Assam Legislative Assembly which received the assent of the Governor of Assam is hereby published for general information. 396 THE ASSAM GAZETTE. EXTRAORDINARY, MARCH 5, 2004 ASSAM ACT No. Vl-fcf 2004 (Received the assent of the Governor on 2nd March, 2004) THE GUWAHATI MUNICIPAL CORPORATION (AMENDMENT) ACT, 2003. AN ACT further to amend the Guwahati Municipal Corporation Act, 1969. Preamble Whereas it is expedient further to amend the Guwahati Municipal Corporation Act, 1969, hereinafter referred to as the principal Act, in the manner hereinafter appearing ; It is hereby enacted in the Fifty-fourth year of the Republic of India as follows Assam Act I of 1973. Short title, ex­ tent and com­ mencement. l . ( l \ This Act may be called the Guwahati Municipal Corporation (Amendment) Act, 2003. (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. Amendment of section 46. 2. In the principal Act, for section 46, the following section shall be substituted, namely :- "Qualification for Councillor­ ship. 46. A person shall not be qualified to be chosen as a Councillor unless- (i) His name is registered as an elector in an electoral roll for any ward in the city, and (ii) He furnishes a declaration in the form of an Affidavit, in the format as appended in the Sixth Schedule, at the time of filing nomination paper, containing the following information, which shall be made public by the respective returning officers by displaying a copy of the Affidavit on the Notice Board of his office :- (a) Whether the candidate has been convicted/acquitted/ r- discharged of any criminal offence in the past and if convicted, w hether he was punished w ith imprisonment or fine ; THE ASSAM GAZETTE. EXTRAORDINARY. MARCH 5. 2004 397 Insertion of new Schedule. (b) Prior to six month of filing of nomination whether the candidate is accused in any pending case, of any offence punishable with imprisonment for a term of two years or more, and in which charge is framed or congnizance has been taken by the Court. If so, the details thereof; (c) The assets (immovable, movable, bank balances etc.) of a candidate and of his/her spouse and, that of dependants; (d) Liabilities, if any, particularly whether there are any overdues of any public Financial Institutions or Government dues ; (e) The educational qualifications of candidate." 3. In the Principal Act, after the Fifth Schedule, the following Schedule shall be inserted, namely SIXTH SCHEDULE Affidavit to be furnished by candidate along with nomination paper before the Returning Officer for election to Guwahati M u n ic ip a l C o rp o ra tio n as a C o u n c il lo r , D is tric t.............................W ard N o........................... Name, if any ......... ................................. I , ........................................................................ son /daugh ter/ w ife o f ...........................................age ......................... years, residen t o f ............................................................................... candidate at the above election, do hereby solemnly affirm and state on oath as under (Strike out whichever not applicable) (1) I have in the past, been convicted of a criminal offence in the following case (s) and the details are as under (i) Case No. (ii) Section of the Act and description of the offence for which convicted. 398 THE ASSAM GAZETTE, EXTRAORDINARY. MARCH 5, 2004 (iii) Date (s) of conviction. (iv) Court (s) by which convicted, (v) Punishment imposed (indicate period of imprisonment awarded and/or quantum of fine imposed). (vi) Details of appeals/revision, etc. filed against above conviction (s), (2) That I have in the past been discharged/acquitted in the following cases (i) Section of the Act and description of the offence with which charged. (ii) Case No. (iii) Name of the Court by which acquitted/ discharged, (iv) Date of acquittal/discharge. (v) Details of appeal(s)/ application(s) for revision/review, if any filed against above acquittal/discharge, (3) That I have, in the period ending six months prior to the date of filing the present nomination, been accused of the following offences punishable with imprisonment with two- years or more, and in which a charge has been framed or cognizance taken by the Court as indicated hereunder (Note : This excludes the cases mentioned in (1) and (2) above) (i) Section of the Act and description of the offence with which charged/cognizance taken : (ii) The Court which has framed the charge/taken cognizance: (iii) Case No. (iv) Date of the order of the Court framing charge/taking cognizance : (v) Details of appeal(s)/application(s) for revision, etc. if THE ASSAM GAZETTE, EXTRAORDINARY. MARCH 5, 2004 399 any, filed against above order framing charge/taking cognizance : (4) That I give hereinbelow the details of. the assets (Immovable, Movable, Bank balance, etc.) of myself, my spouse and dependants. A. Details of moveable assets Assets in joint name indicating the extent of joint ownership will also have to be given . SI. No. Description Self Spouse (s) Name(s) Depen- dent-I Name: Depen­ dent-2 Name: Depen­ dent-3 etc. Name: 1 2 3 4 5 6 7 (i) Cash, (ii) Deposit in Banks, Financial Institutions and Non-Banking Financial Companies, (iii) Bonds, Debentures and Shares in Companies. (iv) Other Financial Instruments, NSS, Postal Savings, LIC Policies, etc. (v) Motor Vehicles (Details of make, etc.) (vi) Jewellery (give details of weight and value), (vii) Other assets, such as values of claims/ interests. Note:-1. Dependant here means a person substantially dependents on the income of the candidate. 2. Value of Bonds/Shares/Debentures as per the latest market value in Stock Exchange in respect of listed companies and as per books in the case of non listed companies should be given, B. Details of Immovable Assets :- (Note :-Properties in joint ownership indicating the extent of joint ownership will also have to be indicated). 400 THE ASSAM GAZETTE. EXTRAORDINARY, MARCH 5. 2004 SI. No. Description Self Spouse (s) Name(s) Depen­ dent-1 Name: Depen­ dent-2 Name: Depen­ dent-3 etc. Name: 1 2 3 4 •5 6 7 (i) Agricultural Land Location(s) - Survey number (s) - Extent (Total measurement) - Current market value. (ii) Non-Agricultural Land - - Location (s) - Survey number (s) - Extent (Total measurement) - Current market value. (iii) Buildings (Commercial and residential) - Location (s) - Survey/door number (s) - Extent (Total measurement) - Current market value. (iv) Houses/Apartments, etc. - Location (s) - Survey /Door number (s) - Extent (Total measurement) - Current market value. (v) Other (Such as interest in property). (5) I give hereinbelow the details of my liabilities/overdues to public financial institutions and Government dues (Note Please give separate details for each item) THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 5, 2004 401 SI. No. Description Name and address of Bank/Financial Institution(s) Department(s) Amount Outstanding as on. 1 2 3 4 (a) (i) Loans from Banks. (ii) Loans from Financial Institutions. (iii) Government dues (Other ■than income tax and wealth tax) (No. Due Certificate to be enclosed in case holding or having held any public office). (b) (i) Income tax including surcharge (Also indicate the assessment year upto which income tax return filed. Give also Permanent Account Number (PAN). (ii) Wealth Tax (Also indicate the assessment year upto which wealth tax return filed). (iii) Sale tax (Only in case of proprietory business). (iv) Property Tax. 6. My Educational Qualifications are as follows^ (Give details of School and University education) (Name of School/College/University and the year in which the course was completed should also be given). DEPONENT 402 THE ASSAM GAZETTE, EXTRAORDINARY. MARCH 5. 2004 VERIFICATION I, the deponent abovenamed, do hereby verify and declare that the contents of this declaration are true correct to the best of my knowledge and belief ; no part of it is false and nothing materials has been concealed therefrom. V erified at ............................................ this the .............................. ................................................ day of ...........................200. P la c e ............................... D a te ............................. DEPONENT. Verified before me (Signature of Verifying Authority with Seal)". Repeal and Saving. 4. (1) The Guwahati Municipal Corporation (Amendment) Ordinance, 2003 is hereby repealed. Assam Ordinance IV of 2003. / (2) Notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act. M. K. DEKA, Commissioner & Secretary to the Govt, of Assam, Legislative Department, Dispur. GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty., ' Assam, Guwahati-21 (Ex-Gazette) No. 109-500-600-5-3-2004.