The Assam Municipal (Amendment) Act, 1994

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THE ASSAM GAZE T T r
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EXTRAORDINARY
PUBLISHED BY AUTHORITY
50 fjpfsvr, w ire , c tT 19947 1916 (»f^)
No. 50 Dispur, Friday, 6th May, 1994, 16ih Vaisakha, 1916 (S.E.
i  *  _ _____________________ _ _i ~  ------------------ ------------
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH
NOTIFICATION
The 6th May, 1994
No. LGL. 70/93/106-A.—The following Act of the Assam 
Legislative Assembly which received the as ent of the Governor 
is hereby published for general information.

690 THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 199
ASSAM ACT NO. XIX OF 1994
( Received the assent of the Governor on 5th May, 19 94 )
THE ASSAM MUNICIPAL (AMENDMENT) ACT, 1994
AN
Act
further t o  amend the Assam Municipal Act, 1956.
Pream ble. Whereas it is expedient further to amend A^.ym
o
Act 
the Assam Municipal Act, 1956 hereinafter 1 9 5 7 .° 
referred to as the principal Act in 
conformity with the Constitution (Seventy­
fourth Amendment) Act, 1992, in the 
manner hereinafter appearing ;
It is hereby enacted in the Forty-fifth Year of 
the Republic of India as follows
extent and 1 - (1) This Act may be called the Assam Muni- 
commence. c j p a ] (Amendment) Act, 1994 
rient.
(2) It shall have the like extent as the principal 
Act.
(3) • .  It shall come into fo. gp at once.
mendmen  
uf sectiotn
2. In the principal Act in section 3, after Clause (43), 
the following Clauses shall be inserted, namely -
(44) "Committee” me ns a Committee constituted 
under Article 243 S of the Constitution.
(45) "Nagar Panchayat” or "Town Committee” 
means a Local Self Governing Body constituted 
for a transitional arg a  as defined in Article 243 
Q (2) of Hie Constitution.
(46) "Director” mea” the Director of Municipal 
Administration appointed by the Government

THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 691
of Assam for performing the functions and exer­
cising powers provi< ed in this Act ;
(47) "State Finance Commission” means the Fi­
nance Commission constituted under Article 
243—I of the Constitution of India.
(48) 'State Election Commission” means the Elec­
tion Commission constituted by the Government 
of Assam and as referred to in Article 243 ZA of 
the Constitution of India.
,^ectioT?i. 3-  I n  the principal Act, in section 11,—
(1) Sub-section (2) shall be substituted as follows :—
"(2) The State Government may appoint persons 
having special knowledge or experience in 
Municipal Admin stration as members who 
shall have the righ f 0 attend and speak at all 
meetings of the Be a rd but shall have no right 
to vote. Such pers< ns shall not be deemed to be 
Commissioners foi the purposes of *this Act”.—
(2) Sub-section (3) shall be substituted as follows,
namely :—
' (3) (a) The Member of the House of the People 
and the Legislative Assembly of the State of 
Assam representing the Constituencies which 
comprise fully or partly the Municipal Area, 
shall be the Ex-C fficio Members of the Board.
(b) The Members of the Council of States regis­
tered as Elector w thin the Municipal area shall 
be the Ex-Officio Members of the Board.
(c) Chairman of the Ward Committee constituted 
under section 48.
(d) Reservation of seats in every Municipality for 
the Scheduled Ca tc-s and the Scheduled Tribes 
and the number o sea*s so reserved shall bear

6 9 2  THE ASSAM GAZETTE, EXTRAORDINARY, M a y , 6 , 1994
nearly as may be, the same proportion to 
the total number of seats to be filled by direct 
election in that Municipality as the population 
of the Scheduled Cartes in the Municipal area or 
the Scheduled Tribes in the Municipal 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 constituen­
cies in a Municipality :
Provided that not less than one third of the total 
number of seats reserved under this sub-section shall be 
reserved for women belonging t o  the Scheduled Castes 
or as the case may be, the Scheduled Tribes:
Provided further that n o t  i e s s than one-third (in­
cluding the number of seats reserved for women belong­
ing t o  the Scheduled Castes a n d the Scheduled Tribes) *
of the total number of seats t o  be filled by direct election 
m any Municipality shall be reserved for women and such 
seats may be allotted by rotation to different Constituen­
cies in a Municipality:
Provided further that reservation of seats for the 
Scheduled Castes and Scheduled Tribes in the Munici­
palities and Town Committee shall continue for so long 
as special representation fn? the Scheduled Castes and 
the Scheduled Tribes continue to be provided for in the 
Constitution of India”.—
Amendmen 4. In the principal Act, in section 15,—oi *ect on !  5
(1) after clause (viii), the 'oilowing new clause <ix) 
shall be inserted, namely:—
"(ix) if he is so disqua.ified by or under any law 
for  the time being in force for the purpose of elections to 
th e  State Legislature.
or
If he is so disqualified by or under any law made
by the State Legislature for this purpose’
(£) The existing provis shall be renumbered as 
sub-section (1) and after sb renumbered the following

THE ASSAM GAZETTE, EXTRAORDINARY, MAY. 6, 1994 693
sub-section (2) shall be mse r te d  i i a mely
(2) If any question aris e s  a s  t o  whether a Commi­
ssioner has become subject a n y  disqualifications 
mentioned in clause (i) o f sub-section (1)
the question shall be re fe rr^  f o r  determination to the 
District Judge of the District w hich the Municipality 
is located.”
of section 24 5 ' P r in cipa l Act, se c ^ o n  24 shall be deleted.
Amendment 
of section 25. 6. In the principal Act, in section 25,
(1) sub-section (1) shall be substituted as follows :—
'’(1) Every person who j s  elected to be Commis­
sioner of the Board or who become Commissioner of the 
Board by virtue of office, shap before taking his seat at 
a meeting of the Board first attended, make an oath or 
affirmation of his allegiance to the Union of India in the 
following form, namely
"I.A.B., having been elected/ Ex-officio Com­
missioner of this Board do swear in the name of 
God or solemnly affirm that I will bear true faith and 
allegiance to the Constitution of India as by Law establi­
shed, and will faithfully discharge the duty upon which 
I am about to enter.”
(2) In sub-section (2), the words, "or appointed” 
occurring between the words "been elected” and "a com­
missioner” shall be deleted.
Am endm ent 7 jn  ^he principal Act, in section 26, the > f secim n 26.shall be substituted as follows :—
provisions
"26 (1) Every Munici) Edify unless sooner dissolved 
under section 298, shall continue for five years from the 
date of first meeting of newly constituted Board after a 
general election at which aiorum  is present”.—
 
694 THE ASSAM GAZETTE, EXTRAORDINARY, M AY, 6, 1994
(2) An election to constitute a Municipality shall be 
completed—
(a ) before the expiry of its duration specified in 
sub-section (1);
i (b) before the expiration of six months from the
date of its dissolution:
Provided that where the remainder of the period for 
which the dissolved Municipality would have continued is 
less than six months, it shal not be necessary to hold 
any election under this section for constituting the Muni­
cipality for such period. „
(3) A Municipality constituted upon the dissolution 
of a Municipality before the expiration of its duration 
shall continue only for the remainder of the period for 
■which the dissolved Municipality would have continued 
under sub-section (1) had it not been so dissolved.”
(4) If the term of the office of the Commissioner ex­
pires and for any reason the election cannot be held, the 
Board shall be deemed to have been dissolved under 
section 298 with effect from the date of expiry of the 
term and thereafter the provision of section 299 shall 
apply.”
oY secH cn * 2 7 . I n  principal Act, i n  section 27, sub-section (1)
shall be deleted.
of^ectfanTs' 9 ' principal Act, in section 28, sub-section (1)
'shall be deleted.
o ™ e c ri™ -.e32 1 0’  P r in c iPal Act, in section 32, the existing
provision shall be substituted as follows:—
"32. If the electorate in any Municipality fails 
within the prescribed time to elect the number of Com­
missioners to constitute the Board in accordance with 
the provision of section 11, the election to elect the Com- 
m hs’pner shall be held again on any date and time to be 
decided by the State Election Commission.”

THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994 695
Amendment j n  the principal Act. in section 33, sub-section (1)
of section 33. .
shall be substituted as follows :—
"(1) The State Government shall, by notification 
determine from time to time as to which of the Munici- 
paljties and Town Committees shall have Seheduled Castes, 
Scheduled Tribes or Women as Chairman. The percen­
tage of Municipalities and Town Committees with the 
Scheduled Cartes and the Scheduled Tribes as Chairman 
will be broadly in conform ty with the percentage of 
population of the Scheduled Castes and Scheduled Tribes 
Communities in the State a per the latest census figure 
and in respect of women, irrespective of the Scheduled 
Castes and Scheduled Tribes the number of women 
Chairman will be approximately 30 percent of the Muni­
cipality, and Town Committees. The Municipality and 
Town Committees having women as Chairman shall be so 
rotated that this percentage is preserved:
"Provided that the reservation of Office of Chair­
man in the Municipalities and Town Committees for 
the Scheduled Castes and the Scheduled Tribes (except 
women) shall continue for so long as the special repre­
sentation for the Scheduled Castes and Scheduled Tribes 
continue to be provided foi - in the Constitution of 
India.”
A m endm ent ^2. In the principal Act, section 34 shall be substi- £ > f  section 3 4 r  i -  >
tuted as follows :—
"34. Except as otherwise provided in this Act every 
Chairman and every Vice-Chairman shall hold office fronj 
the date of his election to the date of the election of the 
Chairman of the Board after the next general election 
including the former but excluding the later of these dates 
and shall be eligible for re-election ”
Amendmen t ] $ fn
of section 40. ,
WO-rds,
the princmal Act. 
bv appointment or”
''filled up” and "by a fresh’
?n proviso to section 40 the 
occur h o  between the words 
shall be deleted
Amendment '-^e Principal Act. i n  section 41, sub-section (1)
of section 41. shall be substituted by the following :—

696 THE ASSAM GAZETTE, EXTRAORDINARY, MAY, 6, 1994
”(1) If any Chairman or Vice-Chairman of a Board 
be unable to complete his full term of office cr avails 
himself of leave granted unde r  section 40, the vacancy 
caused by his resignation, removal, death or absence on 
leave shall be filler! up by election and the person be 
elected shall fill such vacancy for the unexpired portion 
of the term for which such Chairman or as the case may 
be, Vice-Chairman would otherwise have continued in 
office:  >
_  -  • ■  ■  i  t ■
Provided that no person appointed under sub-section 
(2) of section 11 shall be ele c ted as the Chairman or Vice- 
Chairman.”
of'sectfonT?^ 15- t ^i e P r in c i? a l Act, i n  section 43 A,—
(1) In the proviso, the words, "the Commissioner” 
occuring between the words "Town Committee” and s 
"may on” shall be substituted by the words "The Dire­
ctor of Municipal Administration”.
■-<; e
(2) After the first proviso, the following proviso 
shall be inserted :
"Provided further that the annual budget of the 
Board passed in the meeting of the Board shall be 
approved by the Director of Municipal Administration 
within 31st, March of the preceding year”.
insertion of jg i n  the principal Act, after section 48 the following 
48A.SeCtl°n new Section as "48 A” shall be inserted, namely :—
"48 A. (1) There shall be constituted Ward Com­
mittee consisting of one or more wards but not more 
than four within the territorial area of a Municipality 
having a population of 3 (three) lakhs or more.
(2) The territorial area of a Ward Committee in the 
Municipality shall be contiguous to each other. The area

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 697
of such Ward Committee shajj be notified by the State 
Government within three months from the d'ate of re­
ceipt of proposals in this regard from the concerned 
Municipal Board.
(3) The total number of members of each such Ward 
Committee shall not be more than eight consisting of four 
Ward Commissioners and four other representing in­
terest groups, leading citizens of the concerned Ward 
who may be nominated by the Deputy Commissioner of 
District in which the Municipality is located.
(4) The Chairman of the Ward Committee shail 
be elected from amongSf the elected members of the 
Ward Committee.
(5) The Ward Committee Will mainly look after 
the needs of the residents in more intimate manner mak- 
ing it unnecessary for the residents to go to the Muni­
cipality.
(6) The decision of the Ward Committee with regard 
to election of schemes for development in the area 
shall be bind' np —  ’’m part of the Municipality while 
such schemes are taken up for execution by the Board 
subject to Budget provision.
(7) The tenure of Ward Committee shall be co-ter- 
minus with the tenure of the Municipal Board and on dis­
solution of the Municipal Board the Ward Committee 
shall automatically stand dissolved”.
A m endm ent 17. In the principal Act, in section 58, in sub-sec- 
of section 58^.^ after clause (c) anew  clause shall be inserted as 
clause Id), namely :—
vfifn b Y  ■  d
'•(d) A ir such sums as the State Government may 
sanction as grants-in-aid from time to time subject to 
such terms and conditions as may be specified.’
-eq .  . ;
Amendment ^g j principal Act, in section 60, (1) in sub-sec-
tion (1), clause (a) and (b) shall be substituted as 
follows :  —

698 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994
"(a) Firstly, such sum as may be required to 
meet the charges of its own establishment inclu­
ding in the case of Government Officers whose ser­
vices are wholly or partly employed by the Board, 
the payment of such contribution to the pension, 
gratuity, provident fund and leave allowances 
may be required by the conditions of their servi­
ces under the Government to be made by them 
or on their behalf ;
(b) Secondly, such sum as may be required 
for the payment of, and the payment of interest 
on, or any loan incurred under the provisions of 
any lav
(2) In sub-section (2), for the words "Commr 
ssioner of Divisions” occuring between the words 
'sanction of the” and the words "outside the *
Municipality” the words "Director of Municipal 
Administration” shall be substituted. ¥  
A m e n d m e n t 19. I n  t h e  principal Act, in section 61, for the 
of « e c tio n  6iwords ’ five hundred rupees”,  occuring between the 
words "not above” and "shall be signed” by the 
words "five thousand rupees” shall be substituted.
A m  n d m e n t 20. In the principal Act, in section 148,— 
of lection 148
(1) subjection (1) and (2) shall be substitu­
ted as follows.—
- ---------- -  - - - - -  •  a \  (
"(1) The Board, if decided in a meeting, may 
use their own land or land with building or land 
purchased, taken on lease or otherwise acquired 
with or without building for the purpose of esta­
blishment of a Municipal Market, Bus Stand, 
Truck Stand, Taxi Stand, Auto Stand and Parking 
yard for improving any existing Municipal Mar­
ket, Bus Stand, Truck Stand, Taxi Stand, Auto- 
Rickshow or Rickshow Stand and Parking Yard.
 
 
 
 
 
 
THE ASSAM GAZETTE, EXTRAORDINARY, jjA Y  6, 1994- 699
(2) The Board, if decided at a meeting may 
levy rent, tolls and fees at such rates as it may 
think proper for the right to expose goods for sale 
in a Municipal market and for the use of Shops, 
Stalls and Standings therein and also in respect 
of parking lots and may also regulate such rates 
in respect of private markets or places used or de­
clared by the Board as a market place, parking 
lot by public notice In the locality.”
(2) In sub-section (3) tKe words "and parking 
lots” shall be inserted in between tlie words
'Municipal market” and "at the rates.”
k ’"  ...... . i
(3) In sub-section (5), for the word "fifty” 
occuring between the words "extent to” and 
"rupees”,  the v o;ds, "two thousands, shall be 
substituted.
(4) In sub-section (7), for the word "fifty” 
occuring between the words "not exceeding”  
and "rupees” the words "two hundred” shall be 
substituted. .
Amendtunent  
of section  
293.
2 1 - In the principal Act, in section 293, the 
words "The Director of Municipal Administration” 
shall be inserted in between the words "The 
Deputy Commissioner” and "The Sub-Divisional 
officer”.  r 
o finCs <d“io n  2 2-  I n  t h e  Principal Act, in Section 296, the 2 9 6 . words "The Director of Municipal Administra­
tion” shall be inserted in between the words, "The 
Deputy Commissioner” and "The Additional 
Deputy Commissioner”.
o f  23‘  Principal Act, in section 296 A,
2 9 6 A -  ' ’  in'sub-section (1), between the words "the Depu­
ty Commissioner” and "shall see that”, the words 
"The Director of Municipal Administration” shall 
be inserted.
 
 
 
700 THE ASSAM GAZETTE, EXTRAORDINARY. MAY 6, 1994
24. In. the principal Act, in section 298, the 
2 9 8 . e u 1 ' existing provision shall be substituted as follows ' ■
"298, Power to dissolve the Board in case of 
incompetence, defaults or abuse of power —
If, in the opinion of the State Government, 
any Board is not competent to perform or persis­
tently makes default in the performance of the 
dunces impd'sed on the Board by or under this Act 
or otherwise by law or exceeds or abuses it's 
power rr m the event ‘ Of failure on the part of 
the Bfi'e'rd to p: Ovide such services as 
the State Government may, by notification in the 
Official Gazette, declare to be the essestial Servi­
ces, the State Government after giving the M uni­
cipal Board a reasonable opportunity of being 
heard, may by notification, stating the reasons for 
so doing, declare such Board to be incompe- 
/tent or in default or to have exceeded or abused 
its power as the case may be. and dissolve the 
Board and hold election within a period of six 
mpnths from the date of dissolution.”
S n b stiu iio i 25. In the principal Act, section 299 shall be 
<f seC i2 9 9 . substituted aS follows namely :  —
C o .is e q u  .'x e  "299. When an order of dissolution has been 
o rd isw .u u o  )  passed under section 298, the following consequen­
ces shall ensue:—
(a) all Commissioners of the Board shall, as 
from the d^te of the order of dissolution, vacate 
their offices as such Commissioners ;
, . (b) all powers and duties which under this
Act may be exercised anci performed by the Board 
whether at a meeting or otherwise shall, during 
the period of dissolution he exercised and perfor­
med by such person as the State Government  
may direct till Commissioner and Chairman are  
elected :
Provided that ’ the officer so appointed after  
dissolution of the Board shall obtain prior appro­
val of the Director of Municipal Administration
 
 
 
 
 
THE ASSAM GAZETTE, EXTRAORDINARY.. MAY 6. 1994 791
v
on the matter on which but for the dissolution, 
the decision of the Board is necessary.
(c) all properties vested in such Board shall 
during the period of dissolution vest 'in the State 
Government.”
ofT ecV n'ioi 26. In the principal Act, in section 301, the 
clause (vii) fl) of the sub-section (2) shall be 
deleted.
Amendment 
of section 
335.
27- In the principal 
substituted as follows
Act, section 335 shall be
Amendment 
of section 
336.
Deletion of  
Schedule-I.
Repeal and
»aving t
"335, (1) There shall be established for each 
of the area notified under section 334 (1) (defined 
as transitional area in article 243 of the Constitu - 
tion of India) a Committee for the purposes of 
clauses (a) and (b) of sub-section (1) of section 336 
consisting of such number of members as may 
fix by the State Government from time to time.
(2) A Committee established under this 
section shall be called a Town Committee.”
28. In the principal Act, in Section 336, in 
clause (d) of sub-seotion (1) the figures "11 (2), 
11 (3), 12 and 13” shall be inserted in appropriate 
places.
29. In the principal Act, the Schedule I shall 
be deleted.
30. (L  The Assa- 1 1 Municipal (Amendment) 
Ordinanc C) 1994 j s hereby repealed-
Assam Or di. 
nance No
VJTof 1994-
(2) Notwithstaolm g such repeal, any order passed, ratifi­
cation frsued, anything done or any action taken under the 
Ordinance so repealed shall be deemed to h w e been passed, 
issued, done or taken under the corresponding provisions of the 
principal Act as srrended by this Act.
K- LASKAB,
Secretary to the Govt- of Assam, 
Legislative Deparlment.
GUW AHATI -Printed & Published by the Dy. Director (P) Diretorate of
Ptg. & Sty. Assam, Guwahati 21 ("x-Gazette) No. 99-1,005-5,000-6-5-94.
 
 

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