The Gauhati Municipal Corporation (Amendment) Act, 2003

Registered No. 786/97'
THE ASSAM GAZETTE
j
EXTRAORDINARY
sim we
PUBLISHED BY AUTHORITY
55 f w p , 5 ^ ,  2004, 15^ fRR 1925 ( * I< F )
No. .55 Dispur, Friday, 5th March, 2004, 15th Phalguna, 1925 (S.E.)
GOVERNMENT OF ASSAM
/
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT :: LEGIS;ATIVE BRANCH
NOTIFICATION
The 5th March, 2004 '
No. LGL. 123/2003/44.—  The following Act of the Assam Legislative 
Assembly which received the assent of the Governor of Assam is hereby 
published for general information.

396 THE ASSAM GAZETTE. EXTRAORDINARY, MARCH 5, 2004 
ASSAM ACT No. Vl-fcf 2004
(Received the assent of the Governor on 2nd March, 2004)
THE GUWAHATI MUNICIPAL CORPORATION (AMENDMENT) 
ACT, 2003.
AN
ACT
further to amend the Guwahati Municipal Corporation Act, 
1969.
Preamble Whereas it is expedient further to amend
the Guwahati Municipal Corporation Act, 
1969, hereinafter referred to as the principal 
Act, in the manner hereinafter appearing ;
It is hereby enacted in the Fifty-fourth 
year of the Republic of India as follows
Assam
Act I 
of 1973.
Short title, ex­
tent and com­
mencement.
l . ( l \  This Act may be called the Guwahati Municipal 
Corporation (Amendment) Act, 2003.
(2) It shall have the like extent as the principal Act.
(3) It shall come into force at once.
Amendment of 
section 46.
2. In the principal Act, for section 46, the following section 
shall be substituted, namely :-
"Qualification 
for Councillor­
ship.
46. A person shall not be qualified to be chosen as a 
Councillor unless-
(i) His name is registered as an elector in an electoral roll
for any ward in the city, and
(ii) He furnishes a declaration in the form of an Affidavit,
in the format as appended in the Sixth Schedule, at the 
time of filing nomination paper, containing the 
following information, which shall be made public by 
the respective returning officers by displaying a copy 
of the Affidavit on the Notice Board of his office :-
(a) Whether the candidate has been convicted/acquitted/
r - discharged of any criminal offence in the past and if 
convicted, w hether he was punished w ith 
imprisonment or fine ;

THE ASSAM GAZETTE. EXTRAORDINARY. MARCH 5. 2004 397
Insertion 
of new 
Schedule.
(b) Prior to six month of filing of nomination whether the 
candidate is accused in any pending case, of any 
offence punishable with imprisonment for a term of 
two years or more, and in which charge is framed or 
congnizance has been taken by the Court. If so, the 
details thereof;
(c) The assets (immovable, movable, bank balances etc.) 
of a candidate and of his/her spouse and, that of 
dependants;
(d) Liabilities, if any, particularly whether there are any 
overdues of any public Financial Institutions or 
Government dues ;
(e) The educational qualifications of candidate."
3. In the Principal Act, after the Fifth Schedule, the 
following Schedule shall be inserted, namely
SIXTH SCHEDULE
Affidavit to be furnished by candidate along with nomination 
paper before the Returning Officer for election to Guwahati 
M u n ic ip a l C o rp o ra tio n  as a C o u n c illo r, 
D istric t.............................W ard N o........................... Name,
if any ......... .................................
I ,........................................................................ son/daughter/
w ife o f...........................................ag e......................... years,
resid en t o f...............................................................................
candidate at the above election, do hereby solemnly affirm 
and state on oath as under
(Strike out whichever not applicable)
(1) I have in the past, been convicted of a criminal offence 
in the following case (s) and the details are as under
(i) Case No.
(ii) Section of the Act and description of the offence for 
which convicted.

398 THE ASSAM GAZETTE, EXTRAORDINARY. MARCH 5, 2004
(iii) Date (s) of conviction.
(iv) Court (s) by which convicted,
(v) Punishment imposed (indicate period of imprisonment 
awarded and/or quantum of fine imposed).
(vi) Details of appeals/revision, etc. filed against above
conviction (s),
(2) That I have in the past been discharged/acquitted in the
following cases
(i) Section of the Act and description of the offence with 
which charged.
(ii) Case No.
(iii) Name of the Court by which acquitted/ discharged,
(iv) Date of acquittal/discharge.
(v) Details of appeal(s)/ application(s) for revision/review,
if any filed against above acquittal/discharge,
(3) That I have, in the period ending six months prior to the
date of filing the present nomination, been accused of 
the following offences punishable with imprisonment 
with two- years or more, and in which a charge has 
been framed or cognizance taken by the Court as 
indicated hereunder
(Note :  This excludes the cases mentioned in (1) and (2) 
above)
(i) Section of the Act and description of the offence with 
which charged/cognizance taken :
(ii) The Court which has framed the charge/taken 
cognizance:
(iii) Case No.
(iv) Date of the order of the Court framing charge/taking 
cognizance :
(v) Details of appeal(s)/application(s) for revision, etc. if

THE ASSAM GAZETTE, EXTRAORDINARY. MARCH 5, 2004 399 
any, filed against above order framing charge/taking cognizance :
(4) That I give hereinbelow the details of. the assets (Immovable, 
Movable, Bank balance, etc.) of myself, my spouse and dependants.
A. Details of moveable assets
Assets in joint name indicating the extent of joint ownership will also 
have to be given 
.  SI.
No.
Description Self Spouse (s) 
Name(s)
Depen- 
dent-I
Name:
Depen­
dent-2 
Name:
Depen­
dent-3 etc.
Name:
1 2 3 4 5 6 7
(i) Cash,
(ii) Deposit in Banks,
Financial Institutions 
and Non-Banking 
Financial Companies,
(iii) Bonds, Debentures and 
Shares in Companies.
(iv) Other Financial 
Instruments, NSS, 
Postal Savings, LIC 
Policies, etc.
(v) Motor Vehicles (Details 
of make, etc.)
(vi) Jewellery (give 
details of weight 
and value),
(vii) Other assets, such 
as values of claims/ 
interests.
Note:-1. Dependant here means a person substantially dependents on the 
income of the candidate.
2. Value of Bonds/Shares/Debentures as per the latest market value in 
Stock Exchange in respect of listed companies and as per books in 
the case of non listed companies should be given,
B. Details of Immovable Assets :-
(Note :-Properties in joint ownership indicating the extent of joint ownership 
will also have to be indicated).

400 THE ASSAM GAZETTE. EXTRAORDINARY, MARCH 5. 2004
SI.
No.
Description Self Spouse (s)
Name(s)
Depen­
dent-1 
Name:
Depen­
dent-2 
Name:
Depen­
dent-3 etc.
Name:
1 2 3 4 •5 6 7
(i) Agricultural Land
Location(s)
- Survey number (s)
- Extent (Total measurement)
- Current market value.
(ii) Non-Agricultural Land -
- Location (s)
- Survey number (s)
- Extent (Total measurement)
- Current market value.
(iii) Buildings (Commercial and 
residential)
- Location (s)
- Survey/door number (s)
- Extent (Total measurement)
- Current market value.
(iv) Houses/Apartments, etc.
- Location (s)
- Survey /Door number (s)
- Extent (Total measurement)
- Current market value.
(v) Other (Such as interest
in property).
(5) I give hereinbelow the details of my liabilities/overdues to public 
financial institutions and Government dues
(Note Please give separate details for each item)

THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 5, 2004 401
SI.
No.
Description Name and address of
Bank/Financial Institution(s) 
Department(s)
Amount
Outstanding 
as on.
1 2 3 4
(a) (i) Loans from Banks.
(ii) Loans from Financial 
Institutions.
(iii) Government dues (Other 
■than income tax and wealth 
tax) (No. Due Certificate to 
be enclosed in case holding 
or having held any public 
office).
(b) (i) Income tax including surcharge 
(Also indicate the assessment year 
upto which income tax return filed. 
Give also Permanent Account 
Number (PAN).
(ii) Wealth Tax (Also indicate the 
assessment year upto which wealth 
tax return filed).
(iii) Sale tax (Only in case of 
proprietory business).
(iv) Property Tax.
6. My Educational Qualifications are as follows^ (Give 
details of School and University education) (Name of 
School/College/University and the year in which the 
course was completed should also be given).
DEPONENT

402 THE ASSAM GAZETTE, EXTRAORDINARY. MARCH 5. 2004
VERIFICATION
I, the deponent abovenamed, do hereby verify and declare that the 
contents of this declaration are true correct to the best of my knowledge and 
belief ; no part of it is false and nothing materials has been concealed 
therefrom.
V erified at ............................................  this th e..............................
................................................ day of ...........................200.
P la c e ...............................
D a te .............................
DEPONENT.
Verified before me 
(Signature of Verifying Authority 
with Seal)".
Repeal 
and 
Saving.
4. (1) The Guwahati M unicipal Corporation
(Am endm ent) Ordinance, 2003 is hereby 
repealed.
Assam
Ordinance
IV of 2003. /
(2) Notwithstanding such repeal, anything done or 
any action taken under the ordinance so repealed 
shall be deemed to have been done or taken 
under the corresponding provisions of this Act.
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. 109-500-600-5-3-2004.

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