LexThe Gauhati Municipal Corporation (Amendment) Act, 1979
Assam · state statute
Open in Lexace · Ask the AI about this act----------- ■ , The Assam Gazette '■ V W • - EXTRAORDINARY PUBLISHED BY AUTHORITY «r 123 W 'T ’. 1 .1 ct, 1979, 21 <r^td, 1901 -R No. 123 Dispar, Friday, 11th May, 1979, 21st Vaisakha, 1901 (S. E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT ( ’ ’ ' NOTIFICATION The 10th May 1979 No. LGL. 46/79/36.— -The following Act of the Assam. Legislative Assembly which received the assent of the G overnor is hereby published for general inform ation. 760 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 1979 ASSAM ACT XI OF 1979 (Received the assent of the Governor on 6th May, 1979) THE GAUHATI MUNICIPAL CORPORATION (AMENDMENT) ACT, 1979 An Act further to Act, 1969. amend the Gauhati Municipal Corporation Preamble. W hereas it is expedient fu rth er to A ssa m A ct 1 amend the G auhati Municipal Corpora- of 19 3 ‘ tion Act, 1969, hereinafter called the principal Act, in the m anner hereinafter appearing ; Short title, extent and commence ment. It is hereby enacted in the T hirtieth Y ear of the Republic of India as follow s:— 1. (1) This Act m ay be called the G auhati M unicipal Corporation (Amendment) Act, 1979. (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. Amendment of Section 1 of Assam Act I of 1973. 2. In the principal Act, in Section 1, in sub section (1), at the end of the title of the Act, the figure "1971” shall be "1969”. substituted bv the figure Amendment of Section 2 of Assam Act I of 1973. 3. In the principal section (1), Act, in Section 2, in sub- (i) appearing at the end of (ii) the comma the figure "1956” shall be substituted by the w ord "and” ; the words and figures "the Panchayat Act, 1959 and the Assam Town and C ountry Planning Act, 1959” shall be substituted by the words and figures "the Assam Panchayati Raj Act, 1972” ; THE ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 1979 761 (iii) at the end of the existing sub-section the following sentence shall be added, nam ely :— "The Assam Town and C ountry Planning Act, 1959 shall apply and be in force w ithin the territo rial lim its of the Cor poration w ith effect from the date of coming into force of the G auhati M uni cipal Corporation (Amendment) Act, 1979”. Amendment of Section 5 4. In the principal Act, in Section 5, in sub- of A ssam section (1),a t v / > 1973. (i) existing clause (a) shall be substituted by the following, nam ely :— "(a) There shall be one Councillor for a m inim um of every seven thousand five hundred population subject to a m axi m um num ber of sixty Councillors for the C orporation”; (ii) in the existing first proviso of clause (a), the w ord "five” shall be substituted by the w ord "four”; (iii) in the second proviso of clause (a), the w ord "five” shall be substituted by the words "two and a h alf”. Amendment of Section 11 of Assam Act I of 1973. 5. In the principal Act, in Section 11, (i) in sub-section (1), the words "the M ayor” appearing betw een the words "o r” and "m ay” shall be substituted by the words "any Standing Com m ittee”; (ii) in sub-section (2), the word "could” ap pearing betw een the words "th erew ith ” and "be prejudicial” shall be substituted by the word "w ould” ; 762 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 1979 (iii) in sub-section (2), the word "Commis sioner” appearing twice, first between the words "of th e ” and "or of” and secondly betw een the words "by th e” and "or th e ” shall be substituted by the word "C orporation” and the word "Com m issioner” appearing betw een the words "to th e ” and "whose” shall be substituted by the w ord "G overnm ent”. Amendment of Section 17 of Assam Act I of 1973. 6. In the principal Act, in Section 17, sub-section (2), the existing proviso shall substituted by the following, nam ely :— in be "Provided th at no letter shall be sent to the G overnm ent by the Commissioner w ithout send ing a copy thereof to the M ayor on receipt of which the M ayor m ay furnish his views, if any, to the G overnm ent.” Amendment of Section 19 of Assam Act I of 1973. 7. In the principal Act, in Section 19, in sub-section (3), the words "other than preroga tives of the M ayor” preceded and followed by comma, shall be inserted in betw een the words "functions” and "to”. Amendment of Section 72 of Assam Act I of 1973. 8. In the principal Act, in Section 72, (i) in sub-section (2), the w ords "two hund red and fifty” appearing betw een the words "not below” and "rupees” shall be substituted by the words "five hundred” ; (ii) in sub-section (3), the words "two hundred and fifty” appearing betw een the w ords "not below ” and "rupees” shall be substituted by the words "five hundred” ; (iii) in sub-section (5), the w ord "th ree” ap pearing betw een the w ords "exceed” and "m onths” shall be substituted by the w ord "four” ; (iv) in sub-section (6), the words "two hund red and fifty” appearing betw een the words "is below” and "rupees” shall be substituted by the words "five hundred”. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 1979 763 Amendment of Section 73 of Assam Act 1 of 1973. 9 In the principal Act, in Section 73, after sub-section (1), the following shall be added as new sub-section (IA), namely :— "(IA) Whenever a Corporation is superseded under Section 425 of the principal Act, the office of membership held by the two Councillors under clause (c) of the preceding sub-section shall be held :— (i) when only one person is appointed as administrator, by such administrator and the Commissioner of the Corporation; (ii) when a council of administrators is ap pointed with only two persons, by these two administrators ; 1 (iii) when more than two persons are appoint ed as council of administrators, by such two of them as may be selected by the council of administrators in a meeting” . A m e n d m e n t 10. In the principal Act, in Section 74, in °fo fA J s a m7 4 sub_ s e cti 0 n (3), in the proviso, the words "not A c t i of appointed by the Commissioner” shall be subs- 197?i tituted by the words "the maximum of whose scale of pay is not below five hundred rupees” . A m e n d m e n t 11. In the principal Act, in Section 75,of Section 75 of Assam A c t i o f (i) in sub-section (1), the word "rules” ap pearing in between the words "in the” and "to be” shall be substituted by the word "regulations” ; (ii) sub-section (2) shall be substituted by the following, nam ely:— "(2) (a) In the case of a Municipal Officer or staff the maximum of whose pay scale does not exceed one thousand rupees per mensem, an appeal shall lie to the Standing Finance Com mittee ; 7'54 r H E ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 1 9 7 9 (b) In the case of M unicipal Officer or staff the m axim um of whose pay scale exceeds one thousand rupees per mensem, an appeal shall lie to the State G overnm ent.” o^Sectbn"1 12. In the principal Act, in Section 120, in 1 2 0 ofAssamsub-section (2), in betw een the words "printed” A c^1 of and "copy” the words "or, in the alternative, a cyclostyled” shall be inserted. Insertion o. new Section 309A in Assam Act I of 1973. 13. In the principal Act, after Section 309, the following shall be added as new Section 309A, nam ely :— "309A. Subject to the provisions of the Cattle Trespass Act, 1887, the Corporation m ay establish and m aintain pounds w ithin the city for all kinds of anim als.” A m endm ent 14. In the principal Act, in Section 315, the °]5 Se 0 c f tion fullstop appearing at the end of clause (c), .vsamAct shall be substituted by the semicolon and w ord 1 et ,97 3- " ; or” and th ereafter the following shall be ad ded as new clause (d), nam ely "(d) m ay firm out any m unicipal m arket or pound either by auction or by tender for a period of one year only : Provided th at extension for a total period not exceeding one m ore year m ay be granted in exceptional circum stances for reasons to be re Amendment of Section 337 of Assam Act I of 1973. corded.” BE** ' 15. In the principal Act, m Section 337, sub-section (3), the words "th irty days” ing in betw een the w ords "expiry of” and Com missioner” shall be substituted by words in appear- "the "seven, days”. A m endm ent Jn the principal Act, in Section 425, 425S of A°ssam(i) i n sub-section (1), Act I of 1 1973, (i) at the end of the first proviso, the colon "(:)” shall be substituted by a fullstop "(.)” ; THE ASSAM GAZETTE, EXTRAORDINARY, MAY 11, 1 979 765 (ii) the second proviso shall be deleted; (iii) in sub-section (2), after clause (b), the following new clause shall be inserted as clause "(bb)”, namely :— i "(bb) The person or persons so appointed under the preceding clause shall also exercise and perform, as far as may be, the powers and duties of various Standing Committees and Joint Committees under the provisions of this Act and for the purpose of such exercise such person or persons shall be deemed to be the respective Standing Committee or Joint Committee, as the case may be, within the meaning of this Act.” o fmF o u n hnt 17. the principal Act, in the Fourth S c h e d u le o f Schedule, Assam A ct (1) in the entries bearing serial number 10 in the third column, for the word "Do”, the words "as may be fixed from time to time subject to a maximum of three thousand rupees” shall be substituted; (2) in the entries bearing serial number 11, in the third column, for the word "Do”, the words "two hundred and fifty rupees” shall be substi tuted ; (3) the entries bearing serial numbers 26, 39, 56 and 76 shall be deleted. U. TAHBILDAR, Secy, to the Govt, of Assam, Legislative Department. Gauhati—Printed and published by the Supdt. :/c.. Assam Govt. Printing Press, (Ex-Gazette) No. 245—850+500+25—11-5-1979.