The Arunachal Pradesh Municipal Corporation (Amendment) Act, 2021

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The Arunachal Pradesh Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 111, Vol. XXVlll, Naharlagun, Thursday, April 29, 2021, Vaisakha 9, 1943 (Saka)
GOVERNMENT OF ARUNACHAL PRADESH
LAW, LEGISTATIVE AND JUSTICE DEPARTMENT
CIVILSECREIARIAT
ITANAGAR
NOTIFICATION
The 28th April, 2021
No. Law/Legn-8/2021 .- The following Act of the Arunachal Pradesh Legislative Assembly which was
passed in the Sixth Session of the Seventh Legislative Assembly and received the assent of the Governor of
Arunachal Pradesh is hereby published for general information.
(Received the assent of the Governor on 26th April, 2021)
THE ARUNACHAL PRADESH MUNICIPAL CORPORATION
(AMENDMENT) ACT, 2021
(ACT NO. s OF 2021)
An
Act
to amend the Arunachal Pradesh Municipal Corporation Act, 2019 (No.8of2019).
BE it enacted by the Legislative Assembly of Arunachal Pradesh in the Seventy-Second Year of the
Republic of lndia as follows, -
1. (1) This Act may be called the Arunachal Pradesh Municipal Corporation (Amendment) \ct,2021.
(2) lt shall come into force on the date of its publication in the Official Gazette.
2. ln the Arunachal Pradesh Municipal Corporation Act, 2019 (No. 8 of 2019) (hereinafter referred to as the
principal Act), in section 2,-
(i) in sub-section (15) for the words "Divisional Commissioner" the words 'Deputy Commissioner" shall
be substituted.
(ii) after sub-section (69) the following sub-sections shall be inserted namely ;-
"(70)'Mayor" means an officially elected person to act as the executive or nominal head of the
corporation.
(71) "Deputy Mayor' means an officially elected person to act as the second executive or second
nominal head of the corporation.
(72) "Office/ means any officer or employee of a municipality, whether paid or unpaid, directly recruited
or in{eputation under the Municipal Corporation-
(73)'Official' means a person who is an employee of the Municipal Corporation".
3. ln the principalAct, in section 4, in sub-seclion (3), for the words, 'shall also be the Councillor' the words,
"shall also be Ex-Officio Corporator, who however, shall not have voting right'shall be substituted.
4. ln the principalAct, in section 15, sub-section (3) shall be deleted.
5. ln the principal Act, in section '17, for the entries in sub-section (2), the following entries shall be
substituted:-
'Every person elected or nominated to fill a casual vacancy shall be elected or nominated to serve
for the remainder of his predecessor's term of office" shall be substituted by 'Every person elected to fill
a casual vacancy shall serve the remainder of his predecessor's term of office'.
2 The Arunachal Pradesh Extraordinary Gazette, Aptil 29,2021
6. ln the prlncipalAct, in section 50, after sub-section (2), the following sub-section shall be inserted ;-
(3)'Notwithstanding anything contained in section 81, the Mayor and the Deputy Mayor ofthe Corporation
shall asume office after taking an oath of Secrecy. lt shall be administered by Commlssioner of the
Corporation in the following form ;
do swear in the name of God/solemnly affirm that I will not directly or indirectly
communicate or reveal to any person or persons any matterwhich shall be brought under myconsideration
or shall become known to me as Mayor/Deputy Mayor except as may be required for the due discharge
of my duties'.
(6) "Nothwithstanding anything contained in section 81, the Commissioner in consultation with the
Mayor ofthe Corporation shall convene a meeting of the Corporation as early as possible, but not later
than thirty days after the election of the Mayor and the Deputy Mayor."
8. ln the principalAct, in section 56, in sub-section (1 ), (2) and (3), for the words, "Deputy Commissioner of
the District" the words, "Commissioner of the Corporation" shall be substituted.
9. ln the principalAct, in section 57,-
(i) in sub-section (2), for thewords, "SeniorTown Planner, Superintending Engineer, UD and the Deputy
Commissioner" the words, "Senior Town PIanner, Superintending Engineer of UD & Housing and
the Deputy Commissioner or his representative, not below the rank of ExtraAssistant Commissionea'
shall be substituted and for the word, "Officer" wherever appears, the word, "Officers" shall be
substituted.
(ii) after sub-section (12), the following sub-section shall be inserted; -
"(1 3) ln absence of the Mayor, the Deputy Mayor shall preside the 1st meeting convened under sub-
section (2) of section 57. The Presiding Officer shall conduct the election of members for the Standing
Committee from amongst the Councillors."
10. ln the principalAct, in section 81,-
(i) in the heading, after the word, "Mayor" the words, "and the Deputy Mayor" shall be added
(ii) in sub-section ('l ), for the word, "Director" the words, "Commissioner of the Corporation" shall be
substituted.
(iii) in sub-section (2), for the words, "the Director shall nominate a Councillor who is not a candidate
for such election to preside over the meeting" the words, "the Commissioner of the Municipal
Corporation shall preside over the meeting" shall be substituted.
11 . ln the principalAct, in section 89, for the word, "Director" the words, "Commissioner of the Corporation"
shall be substituted.
'12. ln the principal Act, in section 94, after sub-section (9), the following sub-sections shall be inserted; -
"(10) For the purpose of the section 94, the State Government may constitute cadres of common mu-
nicipal services for the State in respect of such officers of the Municipalities as may be determined
by the Government from time to time. The Director of Urban Local Bodies shall be the appointing
authorityof all officers borne in the cadres of common municipal services and shall be the authority
to transfer such officers from one Municipality to another.
(11 ) Subject to the above provlsions of section 94, and having regard to the need for ensuring
maximum possible economy in Municipal administration, the State Government may, besides
appointing a commissioner, appoint such other officers to deal with all or any of the functions
relating to finance, engineering, planner, health, secretariat, law and internal audit, as may be
determined from time to time".
ln order to ensure minimum financial involvement in recruiting Municipal Officer initially, the under
mentioned officer/officials shall be entrusted/deputed with thefunctions as under, namely:-
"l
7. ln the principalAct, in section 53,-
(i) in the heading, the word "Election of' shall be deleted.
(ii) in sub-sections (1 ) and (2) for the words, "two and half' the word "five" shall be substituted.
(iii) after sub-section (5), the following sub-section shall be inserted; -
Note :
TheArunachal Pradesh Extraordinary Gazette, April 29, 2021
(i) The relevant technical manpower such as Architects, Civil Engineers and Town Planners and non-
technical manpower from the Department of Urban Development and Housing, and Town Planning
shall be posted to the Municipalities on deputation basis, till the Corporation generates enough
resources to create and sustain its own establishment and manpower.
(ii) Notwithstanding anything contained elsewhere in thisAct, the State Government may appoint officers
from Department of Urban Development and Housing, Department of Health Services and Directorate
ofAccounts, Government ofArunachal Pradesh, possessing such qualifications as may be determined
by it for Municipal Corporation as Municipal Finance Officer, Municipal ArchitecUEngineer/ Town
Planner or Municipal Health Officer as such designation as the State Government may consider
necessary and in such manner, and on such terms and conditions ofservice, as may be determined
bythe State Government in this behalf. The expenditure on account ofsalaries and allowances of any
such officer shall be borne by the State Government:
Provided that the officer so appointed shall be under the administrative control of the
Commissioner of Municipal Corporation.
13. ln the principal Act, in section 103, for the words, "Local Self Government" the words, "Urban Local
Bodies" shall be substituted.
'14. ln the principal Act, for the wold, "Councillor" wherever appears, the word, "Corporator" shall be
substituted.
Onit Panyang, IAS
Commissioner to the
Government of Arunachal Pradesh,
Itanagar.
3
Published and pnnted by Directorate oI Prlnting, Nahanagun. - 2262021-Do?-250+Secy(LAl5O+Commr(Lawl10O+Secy./Commr.TP&ULBs-1004-2021.

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