Amendment status not verified — confirm the current text below against the official source.
In the principal Act, in section 25, (1) sub-section (1) shall be substituted as follows :— '’(1) Every person who js 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. Amendment 7 j n ^he principal Act, in section 26, the >f secimn 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, MAY, 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.” oYsecHcn*27. I n principal Act, in section 27, sub-section (1) shall be deleted. of^ectfanTs' 9 ' principal Act, in section 28, sub-section (1) 'shall be deleted. o™ecri™-.e32 1 0’ Pr 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- mhs’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.” Amendment ^2. In the principal Act, section 34 shall be substi- £>f section 34 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 ho between the words shall be deleted Amendment '-^e Principal Act. in 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 under 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 elected as the Chairman or Vice- Chairman.” of'sectfonT?^ 15- t^i e Pr in c i?al Act, in 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 in 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”. Amendment