The Guwahati Metropolitan Development Authority (Amendment) Act, 2004

Registered No. - 768/97 THE ASSAM GAZETTE EXTRAORDINARY w <>4̂ ™ PUBLISHED BY AUTHORITY 14 W R , 18 2005, 28 1926 (*RD No. 14 Dispur, Tuesday, 18th January, 2005, 28thPausa, 1926 (S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : ; : LEGISLATIVE BRANCH NOTIFICATION The 18th January, 2005 No. LGL.86/2004/5.-- The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. 38 THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 18, ASSAM ACT NO. I OF 2005 (Received the assent of the Governor on 13th January, 2005) GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (AMENDMENT) ACT, 2004 AN ACT further to amend the Guwahati Metropolitan Development Authority Act, 1985. Whereas, it is expedient further to amend the Guwahati Metropolitan Preamble Development Authority Act, 1985, hereinafter referred to as the Principal Act, in A ssam the manner hereinafter appearing, Act No.XX of 1987. It is hereby enacted in the Fifty fifth year of the Republic of India as follows:- Short title, extent and Commence­ ment 1. (1) This Act may be called the Guwahati Metropolitan Development Authority (Amendment) Act, 2004 (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. Amendment ofSecton-5 2. In the principal Act, in section 5, (I) in sub-section (1), for the existing clauses (a) and (b), the following shall be substituted, namely:- “(a) The post of Chairman o f the Authority shall be filled up by nomination by the State Government, by such person as the State Government may think fit. (b) Two posts of Deputy Chairman of the Authority shall be filled up by nomination by the State Government by such persons as the State Government may think fit”, (ii) After sub-section (11), the following sub-sections (12), (13), (14), (15), (16) and (17) shall be inserted,namely “(12) The Chairman and the Deputy Chairman shall hold office for a period of three years from the date of their nomination as Chairman or Deputy Chairman, as the case may be: Provided that after the expiry of the period of his appointment a person shall be eligible for re-appointment as Chairman or Deputy Chairman as the case may b e : Provided further that no person shall be appointed as Chairman or Deputy Chairman for more than two consecutive terms: (13) A person shall be disqualified for being appointed or continuing as the Chairman or the Deputy Chairman as the case may be, if he - (a) holds any office of profit under the Authority, (b) is of unsound mind, THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 18, 2005 39 (c) is an uncertified bankrupt or an undischarged insolvent, (d) has held directly or indirectly by himself or by any partner, any share or interest in any contract with, by or on behalf of the Authority, or (e) has been or is convicted o f any offence involving moral turpitude. (14) The Chairman and the Deputy Chairman may hold office in an honorary capacity or on payment o f remuneration. If any remuneration is to be paid to the Chairman or the Deputy Chairman, such remuneration and other conditions o f service shall be such as may be prescribed. The remuneration, if any. to the Chairman or the Deputy Chairman shall be paid from- the fund o f the Authority. (15) The State Government may, by notification in the Official Gazette remove the Chairman or Deputy Chairman, as the case may be, from office, who in the opinion o f the State Government has been guilty o f any misconduct or negligence or has so abused his position as to render his continuance as Chairman or Deputy Chairman, as the case may be, detrimental to the interest o f the Authority or the general public, after giving him a reasonable opportunity o f being heard. (16) The Chairman, or the Deputy Chairman may resign his office by giving notice in writing to the State Government and on the resignation being accepted by the State Government, he shall cease to be the Chairman or the Deputy Chairman,as the case may be. (17) A n y vacancy to the office o f the Chairman or the Deputy Chairman, as the case may be, created by resignation, removal or otherwise shall be filled up by fresh nomination by the State Government." 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. 27-500-600-18-1-2005.