LexThe Assam Nagara Raj Act, 2007
Assam · state statute
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THE ASSAM GAZETTE
w n w r
EXTRAORDINARY
S T M WT
________________ PUBLISHED BY AUTHORITY________________
H ? 386 fvTTT 14 ’, 2007, 23 W NlT, 1929 ( r PP)
No. 386 Dispur, Friday, 14th December, 2007, 23rd Agrahayan, 1929 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH
NOTIFICATION
The 13th December, 2007
No. LGL. 146/2007/36.— The following Act of the Assam Legislative Assembly which
received the assent of the Governor is hereby published for general information.
ASSAM ACT NO. XXVI OF 2007
(Received the assent of the Governor on 8th December, 2007
THE ASSAM NAGARA RAJ ACT, 2007
AN
ACT
to amend the laws relating to the Corporation and Municipalities in the State o f Assam to
institutionalize citizens participation in Corporation’s and Municipal functions.
Preamble Whereas it is expedient to amend the laws relating the Corporation and Municipalities
in the State of Assam to institutionalize citizens participation in Corporations and Municipal
functions e.g. setting priorities, budgeting provisions etc. by setting up o f Area Sabha and
to provide for matters connected therewith or incidental thereto.
It is hereby enacted in the Fifty eighth Year o f the Republic of India as follows:
Part- I
PRELIM INARY
Short title, extent
and
commencement.
1.(1) This Act may be called the Assam Nagara Raj Act, 200 7
(2) It extends to the whole of Assam excluding cantonment areas therein.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint in this behalf.
Definitions 2. In this Act, unless the context otherwise requires,
(a) “Area” means an area as determined in the manner as specified in Section 3;
(b) “Area Sabha” means, in relation to an area, the body o f all the persons registered in
the electoral rolls pertaining to every' polling booth in the area, in the Corporation
or a Municipality;
(c) “budget year” means the period from 1 st April o f the year to next 31 st March of
every calendar year;
(d) “Chairperson”, means the Councillor of each ward who shall be the Chairperson of
that Ward Committee;
(e) “Corporation” means the Guwahati Municipal Corporation;
(f) “Member” means the Area Sabha Representative, elected or appointed in the manner
as provided under this Act, who shall be a Member of the Ward Committee;
(g) “Municipality” means the Municipalities o f the State o f Assam;
(h) “Ward Infrastructure Index” means a composite index generated by taking into
account the condition o f all public infrastructure elements in that Ward;
(i) “Ward Committee” means the committee constituted under section 12 of this Act;
(j) “prescribed” means prescribed by rales made under this Act;
(k) “State Government” means the Government o f Assam;
2410
Determina
tion of
Area
Area Sabha
Representa
tive
Disqualify
cation for
being an
Area
Sabha
Represent
ative
THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 14, 2007______ .
P ART - n
AREA SABHA
Constitution and Governance of Area Sabhas.
3. The State Government shall, by order, determine,-
(a) the Areas into which each Ward, the Corporation, or Municipality may be divided; and
(b) the territorial extent of each Area, which shall necessarily include the entire geographical
territory in which all persons mentioned in the electoral roll of any polling booth in such
territory, or, if the Government so decides, two or more contiguous polling booths (not exceeding
five such polling booths) in such territory, are ordinarily resident.
4. There shall be an Area Sabha Representative for each Area.
Election
of Area
Sabha
Represent
ative
Procedure
for
nomination
of Area
Sabha
Representative
5 (I) Any registered voter in an Area may file his nomination for office of Area Sabha
Representative, unless he is disqualified for being chosen as, and for being, an Area Sabha
Representative,-
(a) by or under any law for the time being in force for the purposes of elections to the Legislature
of the State, or for the purposes of elections to the Corporation or Municipality:
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 eighteen years; or
(b) if he is an elected representative under either the Representation of the People Act, 1951 or
this Act.
i. (1) Any person eligible for contesting the elections to the office of Area Sabha Representative in
that Area may file in accordance with the procedures that may be laid down under the rules
framed by the State Government in this behalf, his nomination for contesting the elections to such
post within a period of four weeks from the date of announcement of results of the elections to the
Corporation or Municipality.
(2) Nomination papers for the office of Area Sabha Representative shall be available with the
Ward Councillor, at all Corporation or Municipal offices and at other public places where the
public can easily procure the same, one week after the undisputed results of Ward elections have
been declared.
(3) Upon filing his duly completed nomination papers with the election officer notified in this
behalf by the State Election Commission within the period stipulated in sub-section (1), the
nominee shall be entitled to receive a due acknowledgement in respect of the same from the
Election Officer.
(4) The election to the office of Area Sabha Representative in the various Areas within the
Corporation or Municipality shall be conducted under the aegis of the State Election Commission
or an Agency that may be appointed in its place by the State government, within a period of four
weeks from the last date for filing of nominations for the post of Area Sabha Representative, in
the manner prescribed in the rules framed in this behalf by the State Government.
7. (1) In the event of the failure of the State Election Commission, or the agency appointed in its
place by the State Government, for any reason whatsoever, to conduct elections to the office of
Area Sabha Representative for the Area within the Corporation, or Municipality, each Ward
Councillor shall, within a period of eight weeks from the last date on which the elections ought to
have been held as described in section 6, call for nominations for the office of Area Sabha
Repres. ‘•'five for every Area in this Ward, in accordance with rules framed in this behalf.
(2) A “call for nominations”, as described in sub-section (1) may be made by publication
of an advertisement for the purpose in at least two prominent local newspapers in
wide circulation, of which at least one shall be a regional language newspaper.
Additionally every call for nominations must be notified on a prominent notice board
in every Corporation or Municipal office or building in the ward.
(3) Nomination papers for the office of the Area Sabha Representative shall be available
with the Ward Councillor, Corporation or Municipal offices and other public places
where the public can easily procure the same, eight weeks from the last date on which
the elections, as described in section 6, ought to have been held.
Central Act
43 of 1951
THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 14, 2007 2411
Term 8.
of
office
Functions 9.
and duties of
the Area
Sabha
(4) A registered voter of the Area Sabha may nominate any registered voter of the Area
Sabha for the office of Area Sabha Representative by filing the nomination papers in
the manner prescribed in this behalf. The eligible nominee with the highest number of
registered voter nominations from that Area shall be declared as the Area Sabha
Representative for that Area, by the Ward Councillor.
(5) In the event of the failure of the Ward Councillor to call for nominations for the office
of Area Sabha Representative for any or all of the Areas within the Ward in the time
prescribed, the State Government shall, in accordance with the rules prescribed in this
behalf, nominate such persons as it may deem fit to those offices of Area Sabha
Representative not filled by the Ward Councillor; and it may also initiate such
disciplinary or other action against the Ward Councillor as the rules prescribed in this
behalf by the Government may allow.
An Area Sabha Representative shall ordinarily hold office for a duration that is co
terminus with that of the Corporation or Municipality concerned:
Provided that no person shall continue to hold office as Area Sabha
Representative if, at any time during his tenure, he incurs any of the disqualifications
prescribed by or under any law for the time being in force for the purpose of elections to
the Legislature of the State concerned:
Provided further that, no person shah be eligible to continue to hold office as Area
Sabha Representative, if at any time, 6 months after his election to such post he is
recalled by a written representation to the Ward Councillor or the Corporation or
Municipality, as the case may be, supported by not less than one half of the total
members of the Area Sabha concerned:
Provided further more that no person shall be entitled, or continue to be entitled,
to hold office as Area Sabha Representative of an area in which, he is not ordinarily
resident.
An Area Sabha may, having regard to its managerial, technical, financial and
organizational capacity, and the actual conditions obtaining in the Corporation or
Municipal area, perform and discharge the following functions and duties, namely:-
(a) to generate proposals and determine the priority of schemes and development
programmes to be implemented in the jurisdiction of the Area Sabha and forward the
same to the Ward Committee, or in its absence, the Corporation or Municipality, for
inclusion in the development plans of the Ward Committee or Corporation or
Municipality, as the cases may be;
(b) to identify the most eligible persons from the jurisdiction of the Area Sabha for
beneficiary-oriented schemes on the basis of criteria fixed by the Government and
prepare list of eligible beneficiaries in order of priority and forward the same for
inclusion in the development plans of the Ward or Corporation or Municipality;
(c) to verify the eligibility of persons getting various kinds of welfare assistance from
Government such as pensions and subsidies;
(d) to suggest the location of streetlights, street or community water taps, public
wells, public sanitation units, and such other public amenity schemes within the
area of the Area Sabha;
(e) to identify the deficiencies in the water supply and street lighting arrangements in
the Area Sabha jurisdiction and suggest remedial measures;
(f) to assist the activities of public health centers in the area, especially in disease
prevention and family welfare and create arrangements to report on the incidence
of epidemics, and naturals calamities;
(g) to provide and mobilize voluntary labour and contributions in cash and kind for
development programmes, and to supervise such development works through
volunteer teams;
(h) to undertake and support tax mapping and to remind Area Sabha members of
their obligations to pay Corporation or Municipal taxes and user charges,
2412________ THE ASSAM GAZETTE, EXTRAORDINARY. DECEMBER 14. 2007
Rights
and
powers of
the Area
Sabha
10. An Area Sabha may, subject to the procedures that may be prescribed in this behaif, exercise
the following rights and powers, namely:-
(i) to get information from the officials concerned as to the services they will render
and the works they propose to do in the succeeding period of three months after
the meeting;
(ii) to be informed by the Ward Committee about every decision concerning the
jurisdiction o f the Area Sabha, and the rationale o f such decisions made by the
Ward Committee or the Government;
(iii) to be informed by the Ward Committee o f the follow up action taken on the
decisions concerning the jurisdiction of Area Sabha;
(iv) to impart awareness on matters o f public interest such as cleanliness, preservation
of the environment and prevention of pollution;
(v) to promote harmony and unity among various groups of people in the area o f the
Area Sabha and arranging cultural festivals and sports meets to give expression to
the talents o f the people o f the locality; and
(vi) to co-operate with the Ward Committee in the provision o f sanitation
arrangements in the area.
PART - m
Constitution and Governance of Ward Committees
Area Sabha } ]
Representative
to be
The Area Sabha Representative o f any Area shall be a member of the Ward Committee
constituted for the ward within which that Area is situated.
ex-officio
member
Ward 12.
Committee
(1) There shall be a Ward Committee for each ward in a Corporation or Municipality, to
be constituted within 6 months o f the constitution o f the Corporation or Municipality.
(2) Each Ward Committee shall consist of,
(a) the member o f the Corporation or Municipality representing the Ward, who shall
be the Chairperson o f the Ward Committee.
(b) not more than ten persons representing the civil society from the ward,
nominated by the Corporation or Municipality:
Provided that, if the population of the Ward is not more than ten thousand, the
number o f nominated members shall be four, and thereafter, there shall be one additional
member for every four thousand population or part thereof:
Provided further that in reckoning the number o f additional members of the Ward
Committee exceeding four, any part o f less than two thousand population may be
ignored:
Provided further that not less than two-thirds of the members of such Committee
shall be the Area Sabha Representatives resident in that ward.
Explanation - For the purposes of this section, ‘civil society’ means any non-
Govemment organization or association or persons, established, constituted, or registered
under any law for the time being in force and working for social welfare, and includes
any community-based organization, professional institution and civic, health, educational,
social or cultural body or any trade or Area Sabha Representative to be ex-officio
member of Ward Committee, industrial organization and such other association or body
as the Corporation or Municipality may decide.
(3) A person shall be disqualified for being nominated as a member of the Ward
Committee under clause (b) of sub-section (2) or to continue as such member, if under
the provisions o f this Act or any other law for the tome being in force, he would be
disqualified for being elected as a member of a Corporation or Municipality.
THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 14, 2007 2413
Functions of
the Ward
Committee
Rights of the
Ward
Committee
(4) The Commissioner or the Zonal Officer shall be entitled to take part in the meetings
and deliberations of the Ward Committee. The Chairman o f the Ward Committee may
request the representatives of concerned departments as special invitees to participate in
the meetings, whenever problems respecting their departments are to be discussed.
(5) The Divisional Executive Engineer or the Zonal Engineer, wherever available, or any
other official, as nominated by the Commissioner or Executive Officer, shall be the
Secretary o f the Ward Committee. The Secretary shall record all minutes of the
proceedings o f the meeting of the Ward Committee and he shall forward a copy of
minutes of the proceedings of each meeting to the Corporation or Municipality.
(6) The term o f office of the Ward Committee shall be co-extensive with the term of
office of the Corporation or Municipality.
PART - IV
RIGHTS AND DUTIES OF WARD COMMITTEES
13. The Ward Committee shall discharge the following functions, namely:-
(a) provide assistance in solid waste management in the ward;
(b) supervision o f sanitation works in the ward for ensuring an adequate level of
hygiene;
I
(c) provide assistance for the preparation and encouragement o f the development
scheme for the ward;
(d) encourage and ensure harmony and unity among various groups of people in the
ward;
(e) mobilize voluntary labour and donation by way of goods or money for social
welfare programs;
( f) provide assistance in the implementation of development schemes relating to the
ward:
(g) provide assistance for identification of beneficiaries for the implementation of
development and welfare schemes;
(h) encourage and assist in the promotion o f art and cultural activities as well as
activities of sports and games;
(i) ensure people’s participation in the voluntary activities necessary for successful
implementation o f the development activities o f the Corporation or Municipality;
(j) assist in the timely collection of taxes, fees and other sums due to the Corporation
or Municipality;
(k) ensure maintenance o f parks in the ward;
(l) ensure maintenance o f street lighting in the ward;
(m) perform such other function as may be assigned to it by the Corporation or
Municipality.
14. (1) The Chairperson and the Members of the Ward Committee shall have the right to
seek information from the Corporation or Municipality regarding any matter relating
to the Ward.
(2) The Ward Committee shall make periodical reports to the Corporation or
Municipality in respect o f the matters specified.
(3) Every Ward Committee shall have the right to,-
(a) obtain full information about the District and Corporation or Municipal Plans;
—-----------ASSAM GAZETTE, EXTRAORDINARY,DECEMBER 14, ■ 2007
(b) obtain the full Corporation or Municipal Budget, within such time as may be
reasonable, to verify, seek clarifications and suggest changes that need to be
incorporated;
(c) obtain the requisite financial and administrative support from the Corporation
or Municipality in managing Bank accounts;
(d) be consulted in the development of land use and zoning regulations within its
jurisdiction;
(e) obtain full details on all revenue items including taxes and budgetary
allocations, which should be presented in a simplified manner, which is
manageable by the Ward Committee;
(f) retain up to 50% of the Ward Revenues for local development, until a
predefined minimum level o f Ward Infrastructure index, which shall be
notified by the State Government, has been created in the Ward;
(g) have a proportionate claim on Corporation or Municipal Development
expenditures based on the Ward Infrastructure Index o f that Ward compared
to the other Wards in the Corporation or Municipality;
Duties of 15. (1) Every Ward Committee shall have the duty to,-
the Ward
Committee (a) produce the Ward Plans in a manner consistent with the District Plans or
Municipal Plans and complete this exercise within the time specified by the State
Government;
(b) prepare the Ward budget in accordance with the Ward Plans and complete this
exercise within the time specified by the State Government;
(c) encourage local-level alternatives for implementation in all the areas of the Ward
committee has responsibility for;
(d) ensure optimal collection o f all revenue sources as specified in the schedule;
(e) map the ward infrastructure index for the Ward;
PART V
ACTIVITIES OF THE WARD COMMITTEE
Activities of 16. The Ward Committees shall perform the following activities, namely
the Ward
Committee (1) Preparation of a Calendar:- At the first meeting of the Ward Committee for each
budget year, the Ward Committee shall decide upon specific obligatory agenda for
each o f the monthly meetings of the Ward Committee , remaining in that Calendar
year, in addition to the specific obligatory agenda for the first meeting of the
following budget y ear:
Provided that nothing in this sub-section shall prevent,-
(a) the convenor of a Ward Committee from adding additional agenda for any
meeting o f the Ward Committee;
(b) any other member o f the Ward Committee, at a meeting of the Ward
Committee, from moving a resolution to add to the specific obligatory agenda
decided upon in the meeting in question or any subsequent meeting;
(2) Preparation and Compilation of Plans: - The Ward committee shall prepare the
Annual Ward Plan and forward the same to the Corporation or Municipality for its
integration with the Annual Plan;
(3) Preparation of Ward budget:
THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 14, 2007 2415
(a) A Ward level budget calendar shall be prepared annually in accordance with
SCHEDULE appended to this Act. The Ward Committee shall ensure that the
budget calendar is strictly adhered to and prepare the budget for their ward six
weeks before the Corporation or Municipal budget. The Corporation or
Municipality may suggest changes that may be effected into the Ward level
Budget after discussion with the Ward Committee.
(b) The Corporation or Municipal budget shall,-
(i) aggregate all the ward budgets, which have been prepared in
accordance with clause (a) above;
(ii) have additional account heads for specific receipts and expenditures
at the Corporation or Municipality level.
(4) Maintenance of Accounts:-
(a) Constitution o f the Ward Finance Committee:- A committee of three persons shall
be constituted in every Ward as the Finance Committee in the following manner:-
(i) The constitution o f the Ward Finance Committee shall be through
nomination held within one month of the constitution of the Ward
Committee. The Chairperson shall nominate the Ward Finance
Committee.
(ii) The Ward Finance Committee shall also appoint from amongst
themselves, one person as the Chairperson, who shall be the authorized
signatory for maintenance and use of accounts.
(b) The accounts of the Ward Committee shall be audited at the same time and in the
same maimer as those of the Corporation and Municipality and appropriate action
shall be taken on the basis of such audit report
(5) Functions and Duties of the Ward Finance Committee:- The Ward Finance
Committee shall,-
(a) prepare the annual budget for the Ward and place it before the meeting of the
Ward Committee, which will deliberate upon, and approve the budget. The Ward
Finance Committee shall present the Budget within seven months from the
closure of the previous financial year;
(b) maintain ward -level bank accounts for all the receipts and expenditure activities
of the ward;
(c) ensure that all funds transfers shall be made out of this account to appropriate
account heads of the Corporation or Municipality;
(d) present accounts every three months at the meeting of the Ward Committee;
(e) prepare a quarterly report of the financial transactions of the Ward Committee,
which shall include details of its receipts and expenditures and also its projections
and suggestions for the next quarter. This report shall be made available to every
member o f the Ward Committee one week prior to the designated meeting for
discussion of the report;
(f) make the report of the Ward Finance Committee prepared under clause (e) above
available for public scrutiny within fifteen days after discussion of the report in
the designated meeting.
( 6) Penalties: -
(a) For non-compliance of the provisions of clauses (a) and (b) of sub-section (5)
above, the concerned defaulting member shall be liable to be penalized with such
amount o f fine as may be determined by the Ward Committee which shall not
exceed rupees one thousand for the first such default and rupees one thousand for
every subsequent defaults.
2416 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 14, 2007
(b) The Chairperson of the Ward Commitlee shall take appropriate action, including
penalty to the Ward Committee member after giving adequate notice in writing
and after giving reasonable opportunity o f being heard:
Provided that, the decision to impose a fine shall come into force only upon it
being approved by a majority of vote at the meeting o f the Ward Committee.
(7) Perusal of Bills: —
(a) For every expenditure, the members of the Ward Committee shall requisition the
required amount from the Chairperson and shall present bills for the expenditure
incurred.
(b) The Chairperson shall make available the sum so requisitioned in keeping with
the budgetary allocation.
(8) Supervisory Mechanism
(a) The Corporation or Municipality shall take up the responsibility of providing
administrative and infrastructure support to the Ward Committee for its proper
functioning.
(b) The Ward Committee shall create mechanisms for checks and balances over the
Government, Corporation or Municipal personal in their Ward. Ward Committees
shall have the power to recommend to the competent authority for imposition of
penalties in respect o f a Government and Corporation or Municipal employee for
misconduct and negligence o f duties.
(9) Ward Development:-
There shall be a Ward information and Statistics Committee, which shall be formed
for various developmental and planning works. The constitution and functions of the
Committee are as given below.
(a) Constitution of the Ward Information and Statistics Committee,-
(i) A committee o f three persons shall be constituted in every Ward as the Ward
Information and Statistic Committee.
(ii) The constitution o f the Ward Information and Statistics Committee shall be
through nominations by the Chairperson held within one month of the
constitution of the Ward Committee:
Provided that members of the Ward Finance Committee shall not be
members of the Ward Information and Statistics Committee.
(iii) The Ward Information and Statistics Committee shall also appoint from
amongst themselves, one person as the presiding member who will preside
over the meetings of the Ward Information and Statistics Committee.
(b) Duties of the Ward Information and Statistics Committee:-
(i) It shall be the duty of the Ward Information and Statistics Committee to
compile, maintain and update annually the following information about the
ward in the format prescribed by the concerned Corporation or Municipality
for this purpose. Such Information shall include,-
(A) economic Information including the number and nature o f commercial
establishments in the ward and employment data in these establishments;
(B) information relating to Land Use includes the changes in patterns of land
use, data relating public spaces and civic amenity sites, traffic patterns and
public transportation hubs and preservation and restoration o f environment,
natural resources and heritage sites;
(C) infrastructure Index including the extent of infrastructural development,
current and pending projects, and the infrastructural requirements of the
ward.
THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 14, 2007 2417
(ii) The report prepared in accordance with sub-section (9) (b) (i) (B) above
shall be used by the Ward Committee in determining and enforcing the
zoning provisions. It shall be made available on a quarterly basis to the
meetings of the Ward Committee, reflecting changes since the
presentation of the previous report.
(iii) The report prepared in accordance with sub-section (9) (b) (i) (C) above
shall be used by the Ward Committee in allocation of development
expenditure by the Ward Finance Committee. It shall be made available on
a quarterly basis to the meetings of the Ward Committee, reflecting
changes since the presentation of the previous report.
(iv) Special Planning: The Ward Committee shall,-
A. participate in development plans of the city;
B. enforce zoning and land use regulations;
C. participate in the creation and enforcement of new instruments like
transferable development rights, etc.
(10) Penalties:-
(a) For non-compliance of the provisions of sub-clauses (i) to (iv) of clause (b) of
sub-section (9) above the concerned defaulting member, shall be liable to be
penalized with such amount of fine as may be determined by the Ward Committee
which shall not exceed rupees one thousand for such default and rupees one
thousand for every subsequent defaults.
(b) The Chairperson of the Ward Committee shall take appropriate action, including
penalty to the Ward Committee member after giving adequate notice in writing
and after giving reasonable opportunity o f being heard:
Provided that, the decision to impose fine shall come into force only upon it
being approved by a majority of vote at the meeting of the Ward Committee.
(11) Comprehensive intervention for urban poor activities:-
The Ward Committee shall be responsible for,-
(a) integrating all existing activities undertaken by the Government;
(b) to preparing and maintaining beneficiary list for all the programmes and
schemes undertaken by the government in co-ordination with the relevant
government agencies.
(c) preparing a report on the housing and public distribution system in each
Ward.
(12) Ensure Universal access for selected public services:-
The Ward Committee shall be responsible in ensuring universal access in selected
public services like education, health care, water supply and sanitation.
(13) Alternative Options:-
Without prejudice to the generality of the foregoing provisions,-
(a) the ward Committee shall be responsible for decentralized management of
the following functions, namely:-
2418 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 14, 2007
Recovery
of fine
(i) Primary collection of Solid Waste Management and decentralized
management of solid waste;
(ii) Desilting of drains;
(iii) Maintenance of streetlights;
(iv) Maintenance of parks;
(v) De-weeding o f paths;
(vi) Road works including construction, maintenance and restoration of; and
(vii) General beautification o f the locality.
(b) The Ward Committee shall be specifically empowered to examine various
alternative implementation options in the above mentioned areas.
(c) The proposal with respect to the alternative implementation option by the
local communities shall be submitted to the Ward Committee and shall be
taken up for discussion at the next meeting of the Ward Committee.
17. (1) After determination of the amount of fine by the Ward Committee under sub-sections
(6) and (10) o f section 16 and clause (f) of section 21, the Chairperson shall issue
notice to the concerned defaulting member to pay the fine within a period o f three
months from the date o f receipt of the said notice and the concerned member shall
pay the same within the time so stipulated.
(2) If the defaulting member refuses or fails to pay the amount of fine within the
stipulated period mentioned in the notice, the Chairperson shall issue a certificate for
the amount due to the Collector who shall proceed to recover the same as an arrear of
land revenue and remit the same in favour of the concerned Ward Committee«
PART -V I
FUNCTIONING OF WARD COMMITTEES
Additional
meetings of
the Ward
Committee
18. It shall be the duty of the Chairperson of the Ward Committee to convene Ward
Committee meetings at least annually for consultation, on the following subjects:-
(a) Preparation o f Ward Plan;
(b) Preparation o f Ward Budget;
(c) Preparation of Ward maps, Ward infrastructure index and other alternate
functions.
Agenda
Prepar
ation of
Ward
Budget
19. The Chairperson shall set the agenda for each Ward Committee meeting.
20. To facilitate the proper preparation of the budget, a Ward Committee meeting shall
compulsorily be held at least three weeks before the preparation o f the Ward Budget. All
reports presented by the Ward Finance Committee for the past year shall be discussed.
THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 14, 2007 2419
Procedure
for
conducting
Ward
Committee
meetings
Power
to make
rules
21. Following procedure shall be followed w'hile conducting meetings of the Ward
Committee:
(a) Reasonable notice o f the Ward Committee meetings should be given at least one
week in advance and placed in the notice boards of the Corporation or the
Municipality offices and in other places in the Ward and office of the Ward
Committee,
(b) All residents of the ward shall be entitled to participate in the Ward Committee.
The media will be encouraged to actively participate in the proceedings.
(c) Minutes of the Ward Committee meetings shall be maintained. These minutes
shall be made available to the general public for perusal. They shall be kept at the
office of the Ward Committee.
(d) These minutes shall be presented at the next meeting o f the Ward Committee and
this information shall be made use of by the appropriate sub-committees in their
functions.
(e) Grievances for not holding or improperly conducting Ward Committee shall be
addressed to the Chairperson of the Ward Committee. The Chairperson shall take
appropriate action, including penalty to the Ward Committee member after giving
adequate notice in writing and reasonable opportunity to be heard to the nominee;
(f) The concerned defaulting member shall be liable to be penalized with such
amount of fine as may be determined by the Ward Committee which shall not
exceed rupees one thousand for such default and rupees one thousand for every
subsequent defaults.
Provided that, the decision to impose a fine shall come into force only
upon it is approved by a majority of vote at the meeting of the Ward Committee.
22. (1) Subject to the provisions of this Act, the State Government may make rules to
provide for any matter, which is to be or may be prescribed by rules made under
this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:-
(a) Procedure for election o f the Chairperson of the Area Sabha;
(b) Convening and conducting the meetings of the Area Sabha and Ward
Committee;
(c ) Preparation and compilation of development plans for the ward;
(d) Preparation o f annual budget of the ward; and
(e) Maintenance of Accounts.
(3) All rules made by the State Government under this Act shall, as soon as may be
after they are made, be laid before the Assam Legislative Assembly, while it is in
session, for a total period of not less that fourteen days which may be comprised
in one session or in two or more succession sessions, and shall, unless some later
date is appointed, take effect from the date of their publication in the Official
Gazette subject to such modifications or annulments as the Assam Legislative
Assembly may, during the said period agree to make, so however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done thereunder.
2420 _THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 14, 2007
-A
Act to over 23. (1)
ride other
laws rela
ting to
Corpora
tion and
Municip
alities and
Saving of
action
(2)
The relevant sections of the Guwahati Municipal Corporation Act 1969 ( Assam Act I
of 1973) and Assam Municipal Act, 1956 (Assam Act IV of 1957) and rules made
thereunder along with upto date amendments thereof inconsistent with the provisions
of this Act, shall stand modified or amended, as the case may be, to the extent of such
inconsistency with effect from the date on which the Assam Nagara Raj Act, 2007
comes into force.
Notwithstanding such modification or amendment, as the case may be, anything done
or anything purported to be done or any action taken under the provisions so modified
or amended, as the case may be, shall be deemed to have been validly done under the
corresponding provisions of this Act.
SCHEDULE
{ section - 16, (3) (a)}
BUDGET CALENDAR
Month Primary Secondary
Activity Activity
April Area Plan
May Ward Plan
June Ward Plan
July Ward Budget
August Area Budget
September Ward Budget
October Ward Budget.
November Corporation or Municipal Budget
December Corporation or Municipal Budget
January Works Review
February Works Review
March Works Reviews
MOHD. A. HAQUE,
Secretary to the Govt, of Assam,
Lagislative Department, Dispur.
GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of Ptg. and Sty., Assam Guwahati-21
(Ex-Gazette) No. 771-500+600-14-12-2007.
*