The Gauhati Municipal Corporation (Amendment) Act, 1994

RegMcred N r A 12 •
THE ASSAM GAZETTE
EXTRAORDINARY
m SUSH ElD B¥ AUTHORITY?
n? 61
No. 61
fsf't’fw , 6 1994, 16 1916 (« r )
Dispur, Friday, 6th May 1994, 16lh Vuisakha, 
’016 (>, E.)
GOVERNMENT OF ASSAM
ORDERS B Y  THE GOVERNOR
EGI5LATTVE DEPART TENT : LEGISLATIVE BRANCH
NOTIFICATION
The 6th May 1994
No. LGL. 135/93/49- -T he following Act of the Assam 
Legislative Assembly which received the assent of the 
Governor is hereby published for general information.

752 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994
ASSAM ACT NO XXVI 1994
(Received the assent of the Governor on 5th May, 1994)
THE GUWAHATI M UNICIPAL CORPORATION 
(AMENDMENT) ACT, 1994
AN
ACT
further to amend the Guwahati Municipal Cor- A
r
ssa?1
IAcl 
poration Act, 1969.
P ream ble. Whereas it is expedient further to amend 
the Guwahati Municipal Corporation Act, 
1969, hereinafter referred to as the princi­
pal Act, in conformity with the provisions 
of the Constitution (Seventy-fourth Amen­
dment) Act, 1992.
It is hereby enacted in the .Forty-fifth 
Year of Republic of India as follows
short title, 1.(1) This Act may be called the Guwa- 
co m m en ce-d hati Municipal Corporation (Amendment) 
meat. Act, 1994.
(2) It shall have the like extent !as the 
principal Act.
(3) It shall come into force at once.
Insertion in 
section 3. 2. In the principal Act, in section 3, 
after clause (87), the following clauses shall 
be inserted, namely :—
(88) “ State Finance Commission” means 
the Finance Commission constituted under 
Article 243-1 of the Constitution of India ;
(89) “ State Election Commission” means 
the Election Commission constituted by 
the Government of Assam and as referred to 
in Article 243-ZA of the Constitution of 
India” .
 
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 753
A m e n d m e n t 3. jn  the principal Act, in section 5, 
o  s e  io n  5 . fo r  s u ^_s e c tjo n  (l)(a), the following shall be 
substituted, namely :—
“(l)(a)(i) There shall be one Councillor for 
every population of 15,000 sub­
ject to maximum of 60 members.
(ii) Government may nominate not
more than two persons having 
special knowledge or experience 
in Municipal Administration, as 
members who shall have the 
right to attend and speak at all 
meetings of the Corporation but 
shall not have the right to vote. 
Such persons shall not be deemed 
to be Councillors for the purposes 
of this Act.
(iii) The members of the House of
people and the members of the 
Assam Legislative Assembly 
representing the Constituencies 
which comprise fully or partly 
the Corporation Area, shall be 
the ex-officio members of the 
Corporation.
(iv) The members of the Council of
States registered as electors with­
in the Corporation area shall be 
the ex-officio members of the 
Corporation.
(v) Reservation of seats in the Cor­
poration for the Scheduled Castes 
and Scheduled Tribes and the 
number of seats so reserved shall 
bear, as nearly as may be, the 
same proportion to the total 
number of seats to be filled by 
direct election in the Corpora­
tion as the population of the Sche­
duled Castes in the Corporation 
area or the Scheduled Tribes in

754 THE ASSAM GAZETTE, EXTRAORDINARY, M AY 6, 1994
the Corporation 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 wards of the 
Corporation :
Provided that not less than 
one-third of the total number of 
seats reserved under this sub­
section shall be reserved for 
women belonging to the Scheduled 
Castes or, as the case may be, 
the Scheduled Tribes :
Provided further that not 
less than one-third (including the 
number of seats reserved for 
women belonging to the Sche­
duled Castes and Scheduled Tri­
bes) of the total number of 
seats to be filled by direct ele­
ction in the Corporation shall be 
reserved for women and such 
seats may be allotted by rota­
tion to different wards of the Cor­
poration:
Provided further that the 
office of the Mayor shall be re­
served for the Scheduled Castes, 
the Scheduled Tribes and women 
on roster basis as per their 
respective percentage to the total 
population :
Provided also that the reser­
vation of seats for the Scheduled 
Castes and the Scheduled Tribes 
in the Corporation shall continue 
as long as special representation 
for the Scheduled Castes and the 
Scheduled Tribes continue to 
be provided for in the Constitu­
tion of India.”
I

THE ASbAM  GAZETTE, EXTRAORDINARY, MAY 6, 1994 755
Insertion in  
section 8. 4. In the principal Act, in section 8,—
(i) In clause (40), in the last line, the
word “and” shall be omitted ;
(ii) after clause (41), the following
new clauses shall be inserted, 
namely
“(42) urban planning including town 
planning ;
(43) regulation of land use and cons­
truction of buildings ;
(44) planning for economic and social 
development ;
(45) slum improvement and upgra- 
dation ;
(46) urban poverty alleviation.”
A m e n d m e n t 5. In the principal Act, in section 15, o  s e c tio n  1 5 . jn  s u b_s e ctio n  0 ), the words, “after the first 
day of January each year” shall be omi­
tted.
in sertio n  6. In the principal Act, after section
se c tio n  To a 19, after the heading “The Standing Co­
mmittee” following new section shall be 
inserted , namely —
Constitution  
of Ward 
Committee
20A (1) There shall be constituted Ward 
Committee consisting of one or 
more wards but not more than 
four within the territorial area 
of the Corporation having a po­
pulation of three lakhs or more.
(2) The territorial area of a Ward 
Committee in the Corporation 
shall be contiguous to each other. 
The area of such Ward Commi­
ttee shall be notified by the 
Government within three months 
from the date of receipt of
 
 
 
756 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994
Insertiftn in 
lection 47.
proposal in this regard from the 
Corporation.
(3) The total number of members of 
each Ward Committee shall not 
be more than eight consisting of 
four Councillors and four others 
representing leading citizens of 
the concerned wards who maybe 
nominated by the Government.
(4) The Chairperson of the Ward 
Committee shall be elected from 
amongst the elected members 
of the Ward Committee.
I
(5) The Ward Committee shall main­
ly look after the needs of the re­
sidents in a more intimate 
manner making it unnecessary 
for the residents to go to the Cor­
poration.
(6) The decision o f the Ward Co­
mmittee with regard to the sele­
ction of the schemes for develop­
ment of the area shall be bin­
ding on the part of the Cor­
poration while such schemes are 
taken up for execution by the 
Corporation.
(7) The tenure of the Ward Commi­
ttee shall be co-terminus with the 
tenure of the Corporation and 
on dissolution of the Corpora­
tion the Ward Committee shall 
automatically stand dissolved.”
7. In the principal Act, in section 47, 
in sub-section (I), after clause (i), the follow­
ing clauses shall be inserted, namely:—
“(j) If he is so disqualified by or 
under any law for the time being
 
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 6, 1994 757
in force for the purpose of ele­
ctions to the Assam Legislative 
Assembly :
Provided that no person 
shall be disqualified on the 
ground that he is less than 
twenty-five years of age, if he has 
attained the age of twenty-one 
years.
(k) If he is disqualified by or under 
any law made by the Assam 
Legislative Assembly
o fU^tion°55 8- In the principal Act, in section 55, 
o s c  io n  the existing provisions, the following
shall be substituted, namely :—
“55. The term of the Corporation 
shall be for five years and shall 
continue from the date of first 
meeting after publication of the 
result of the general election 
under section 56. The term of the 
office of a Councillor shall, be 
co-terminus with the term of the 
Corporation.”
^™ ecti^ei5 7  the principal Act, in section 57,° s e c  io n  j/.n  s u b-section (i), j n  second paragraph, 
after the word, “elected”, the following shall 
be inserted, namely :—
“nominated.”
A m e n d m e n t jo. In the principal Act, in section 425, o r  sectio n  i .• /i\4 2 5 . sub-section (1),—
(i) in the first paragraph, for the 
words, “to be superseded for a 
period not exceeding twelve years, 
the following shall be substituted, 
namely :—

758 THE ASSAM GAZETTE, EXTRAORDINARY, M AY 6, 1994
“to be dissolved for a period not 
exceeding six months;”
(ii) in the first proviso, for the words,
“to show cause”, the words, “of 
being heard” shall be substituted;
'  ! • '  I t I ■  t  ■  ■
(iii) for the existing second proviso, the
following provisos shall be substi­
tuted, namely :—
“Provided further that an 
election to constitute the Corpo­
ration shall be completed—
(a) before the expiry of the duration 
specified in section 55 ;
(b) before the expiration of a period of 
six months from the date of its 
dissolution :
Provided further that where 
the remainder of the period for 
which the Corporation is dis­
solved is less than six months, it 
shall not be necessary to hold the 
election for constituting the Cor­
poration for such period :
Provided also that the Cor­
poration constituted upon disso­
lution before the expiration of 
its duration shall continue only 
for the remainder of the period 
for which the dissolved Corpo­
ration would have continued un­
der section 55 had it not been 
so dissolved.”
K. LASKAR, 
Secretary to the Govt, of Assam, 
Legislative Department.
G w a b ati : Printed g  nd published by.the Dy. Director P), Ditectosate 
of Ptg. and Sty. Assam, Guwahati-21 (Ex. Gazette; No. 121-1005 
—400-6-5-94

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