The Gauhati Municipal Corporation (Amendment) Act, 2006

- |v| o , IP- Registered No. - 768/97 <d'SrsT3r THE ASSAM GAZETTE EXTRAORDINARY PUBLISHED BY THE AUTHORITY H? 60 W < H 10 , 2006, 19 W l , 1927 ( ^ ) No. 60 Dispur, Friday, 10th March, 2006, 19th Phalguna, 1927 (S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT::: LEGISLATIVE BRANCH NOTIFICATION The 9th March, 2006 No. LGL.123/2003/pt/25.—The following Act o f the Assam Legislative Assembly which received the assent o f the Governor is hereby published for general information. ASSAM ACT NO. IV OF 2006 (Received the assent o f the Governor on 6th March, 2006) THE GUWAHATI MUNICIPAL CORPORATION (AMENDMENT) ACT, 2006 AN ACT 328 ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 further to amend the Guwahati Municipal Corporation Act, 1969, Preamble Whereas it is expedient further to amend the Guwahati Municipal Assam Act Corporation Act, 1969, hereinafter referred to as the principal Act, in the 1 of 1973 manner hereinafter appearing; It is hereby enacted in the Fifty-seventh Year of the Republic of India as follows:- Short title, extent and commencement. 1. (1) This Act may be called the Guwahati Municipal Corporation (Amendment) Act, 2006. (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. Amendment of section 4 2. In the principal Act, in section 4, in sub-section (2), for clauses (a) and (b), the following clauses shall be substituted, namely “(a) Corporation ; (b) M ayor; (c) Mayor -in-Council; (d) Commissioner.” Substitution of words “ Standing Committee and Standing Finance Committee.” 3. In the principal Act, the words “ Standing Committee” and “Standing Finance Committee”, wherever they occur, the words “Mayor-in-Council” shall be substituted. Amendment of section 5 4. In the principal Act, in section 5, - in clause (IX), for the words “ one year from the date of election” the words “five years from the date of taking oath ” shall be substituted. Substitution of section 15 5. In the principal Act, for section 15, the following shall be substituted, namely 15. Election of Mayor, Deputy Mayor, Presiding Officer and Deputy Presiding Officer (1) The Mayor and the Deputy Mayor shall be elected by direct election in addition to the Ward Councillors, on the basis of r the adult suffrage from Guwahati City, as stipulated in the Central Representation of Peoples Act, 1950. Act XLIII (2) The Corporation shall at its first meeting to be presided of 1950.' over by the Mayor, elect the Presiding Officer and Deputy Presiding Officer of the Corporation from amongst the elected Councillors for a period of two years and six months. THE.. ASSAM 329 Amendment of section 17 Substitution of section 18 Amendment of section 20 GAZETTE, EXTRAORDINARY, MARCH 10, 2006 _ 15 .A. Constitution of Mayor-in-Council :- (1) There shall be a Mayor-in-Council for the Corporation which shall be constituted by the Mayor from amongst the elected Councillors within fifteen days from the date of taking oath. (2) The Mayor-in-Council shall consist of the Mayor and the Deputy Mayor and seven members of elected Councillors, to be nominated by the Mayor. The members of the Mayor-in-Council shall hold office during the pleasure of the Mayor. 15B. Removal of Mayor or Deputy Mayor or Presiding Officer or Deputy Presiding Officer or Chairman of a Committee :- (1) The Government may at any time remove a Mayor or Deputy Mayor or Presiding Officer or Deputy Presiding Officer or Chairman of any Committee, if his continuance as a Mayor or Deputy Mayor or Presiding Officer or Deputy Presiding Officer or Chairman of any Committee,as the case may be, is not, in the opinion of the Government, desirable in the public interest or in the interest of the Corporation or if it is found that he is incapable of performing his duties or he is working against the provisions of this Act or rules made thereunder. (2) As a result of the order of removal of Mayor or Deputy Mayor or Presiding Officer or Deputy Presiding Officer or Chairman of any Committee, as the case may be, has been removed from the office of Councillor also. At the time of passing order under sub-section (1), the Government may also pass such order that the Mayor or Deputy Mayor or Presiding Officer or Deputy Presiding Officer or Chairman of any Committee, as the case may be, shall be disqualified to hold the office of Mayor or Deputy Mayor or Presiding Officer or Deputy Presiding Officer or Chairman of any Committee, as the case may be, for the next term : Provided that no such order under this section shall be passed unless a reasonable opportunity of being heard is given.” 6. In the principal Act, in section 17, after sub-section (2), a new sub­ section (3) shall be inserted, namely :- “(3) The Mayor shall, for convenient transaction of the business of the Corporation, allocates among the members of the Mayor-in-Council, such business and in such a manner as he thinks fit.” 7. In the principal Act, for section 18, the following shall be substituted, namely :- “ 18. Functions o f M ayor and Presiding O fficer (1) The Mayor or in his absence, the Deputy Mayor, shall preside over all the meetings of the Mayor-in-Council of the Corporation and his decisions and rulings in conducting the proceedings of the meetings., shall be final. (2) The Presiding Officer or in his absence, the Deputy Presiding Officer, shall preside over all the meetings of the Corporation and shall be solely responsible for maintenance of discipline in the meetings of the Corporation .”. 8. In the principal Act, in section 20, after the existing clause (V), the following new clauses shall be inserted, namely:- “ (VI) Planning and Development including matters related to Disaster management, building permission, license etc. (VII) Any other matter related to the Corporation.” 330 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH. 1.0,------2006 Amendment of section 21 Omission of sections 24, 26,27 and 28 Amendment of section 48 Amendment of section 49 Amendment of section 50 Amendment of section 71 Amendment of section 76 Amendment of section 80 Amendment of section 81 Amendment of section 84 9. In the principal Act, in section 21 :- (i) sub-sections (1) and (2) shall be omitted ; (ii) for sub-section (3), the following shall be substituted, namely :- “21. Filling up of vacancy in Mayor-in-Council :- When a vacancy occurs in Mayor-ir.-Council the Mayor shall fill up the vacancy as soon as may be by the nomination of another Councillor.” 10. In the principal Act, sections 24, 26, 27 and 28 shall be omitted. 11. In the principal Act, in section 48, in the title, after the word “as” and in sub­ section (1), after the letter “a”, the words “ Mayor, Deputy Mayor, Presiding Officer and Deputy Presiding Officer” shall be inserted. 12. In the principal Act, in section 49, in sub-section (1), after the word “ward”, full stop shall be omitted and thereafter the following shall be inserted, namely “Mayor and Deputy Mayor from Guwahati City. ” 13. In the principal Act, in sub-section (1), after the existing provision, the following shall be inserted, namely :- “ No person shall simultaneously contest for the post of Councillor, Mayor and Deputy Mayor.” 14. In the principal Act, in section 71, - (i) in the first paragraph, after the existing provision, the signs “ comma” and “hyphen” shall be omitted and thereafter the following shall be inserted, namely :- “ by the Commissioner in all cases with the approval of the Mayor;” (ii) clauses (a) and (b) shall be omitted. 15. In the principal Act, in the section 76 (i) in sub-section (1), for the words “ not less than once in a month” , the words “ not less than once in four months” shall be substituted; (ii) in sub-section (2), for the words “ Mayor” , “Deputy Mayor” and “any fifteen”, the words “ Presiding Officer”, “Deputy Presiding Officer” and “ One third of the” respectively shall be substituted. 16. In the principal Act, in section 80, - (i) in sub-section (1), for the words “ Mayor” and “Deputy Mayor” the words “ Presiding Officer” and “Deputy Presiding Officer” respectively shall be substituted ; (ii) in sub-section (2), for the words “Mayor” and “Deputy Mayor”, the words “ Presiding Officer” and “Deputy Presiding Officer” respectively shall be substituted. 17. In the principal Act, section 81 shall be omitted. 18. In the principal Act, in Section 84, - (i) in sub-section (I), for the words “ Mayor” and “ Deputy Mayor”, the words “ Presiding Officer” and “Deputy Presiding Officer” respectively shall be substituted; (ii) in sub-section (2),- (a) in the first paragraph, for the words “ one half’ the words “ one third” shall be substituted ; (b) clause (vi) shall be omitted ; THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 331 Amendment of section 88 Omission of section 89 Omission of section 90 Substitution of section 95 Omission of section 96 Amendment of section 97 (iii) sub-section (3) shall be omitted ; (iv) in sub-section (4), for the word “Mayor”, the words “Presiding Officer” shall be substituted. 19. In the principal Act, in section 88,- (i) in sub-section (1), for the words “Chairman” and “Deputy Chairman”, the words “ Mayor” and “Deputy Mayor” respectively shall be substituted ; (ii) sub-section (2) shall be omitted. 20. In the principal Act, section 89 shall be omitted. 21. In the principal Act, Section 90 shall be omitted. 22. In the principal Act, for Section 95, the following shall be substituted, namely :- “ 95. Power of Commissioner, Mayor, Mayor-in-Council and Corporation .- (1) The Commissioner may sanction any estimate for a particular work , the amount of which does not exceed Rs. 10.00 Lakhs of rupees. (2) The Commissioner may sanction any estimate which exceeds Rs. 10.00 Lakhs and does not exceed Rs. 50.00 Lakhs, with the approval of the Mayor. (3) The Commissioner may sanction any estimate which exceeds Rs. 50.00 Lakhs and does not exceed Rs. 1.00 Crore, with the approval of the Mayor-in-Council. (4) The Commissioner may sanction any estimate which exceeds Rs. 1.00 Crore and does not exceed Rs. 5.00 Crore, with the approval of the Corporation. (5) The Commissioner shall refer the estimate project to the Government which exceeds Rs. 5.00 Crore with the suggestions, views and approval of the Corporation.” 23. In the principal Act, section 96 shall be omitted. 24. In the principal Act, the section 97, clause (c) and (d) shall be omitted. 332 THE ASSAM GAZETTE, EXTRAORDINARY,__ MARCH.10,____2006 Amendment of section 147 25. In the principal Act, in section 147, after the existing clause (d), a new clause shall be inserted, namely “ (e) The Corporation may levy a service charge on the occupiers of a building or a hut standing on the non-settled Government land equivalent to the property tax of a corresponding holding on the settled land and levying of such service charges on the occupants will not confer any right over the land to the .occupant and any authority shall have full right to evict the occupants as per rules and procedure.” Amendment of section 438 26. In the principal Act, in section 438, in sub-section (2), - (i) in the first paragraph, - (a) after the words “such appeal”, the following shall be inserted, namely “ in full compliance of rules and regulations for the time being in force.” ; (b) for the words “ such decisions”, the words “ receipt o f order” shall be substituted ; (ii) in second paragraph, after the existing provisions, the following shall be inserted, namely “ but if the decisions are in violation o f the rules and regulations for the time being in force, then the Commissioner shall refer the matter to the Government.” M. K. DEKA, Commissioner & Secretary to the Govt, of Assam, Legislative Department. GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty., Assam, Guwahati-21, (Ex-Gazette) No. 119-500-600-10-3-2006.