No: 11 Dated: May, 11 1979

THE GAUHATI MUNICIPAL CORPORATION (AMENDMENT) ACT, 1979

ASSAM ACT XI OF 1979

An act further to amend the Gauhati Municipal Corporation Act,1969.

Preamble:- Whereas it is expedient further to amend the Gauhati Municipal Corporation Act,1969, hereinafter called the principal Act, in the manner hereinafter appearing ;

It is hereby enacted in the Thirtieth Year of the Republic of India as follow s:—

1. Short title, extent and commencement:- (1) This Act may be called the Gauhati 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.

2. Amendment of Section 1 of Assam Act I of 1973:-In the principal Act, in Section 1, in subsection (1), at the end of the title of the Act, the figure "1971” shall be "1969”.

3. Amendment of Section 2 of Assam Act I of 1973:-In the principal section (1),

(i) the comma "," appearing at the end of the figure "1956” shall be substituted by the word "and”

(ii) the words and figures "the Panchayat Act, 1959 and the Assam Town and Country Planning Act, 1959” shall be substituted by the words and figures "the Assam Panchayati Raj Act, 1972” ;

(iii) at the end of the existing sub-section the following sentence shall be added, namely :—

"The Assam Town and Country Planning Act, 1959 shall apply and be in force within the territorial limits of the Corporation w ith effect from the date of coming into force of the Gauhati Municipal Corporation (Amendment) Act, 1979”.

4. Amendment of Section 5 of Assam Act 1 of 1973:-In the principal Act, in Section 5, in subsection (1),

(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 maximm number of sixty Councillors for the Corporation”;

(ii) in the existing first proviso of clause (a), the word "five” shall be substituted by the word "four”;

(iii) in the second proviso of clause (a), the word "five” shall be substituted by the words "two and a h alf”.

5. Amendment of Section 11 of Assam Act I of 1973:-In the principal Act, in Section 11,

(i) in sub-section (1), the words "the Mayor” appearing between the words "or” and "may” shall be substituted by the words "any Standing Committee”;

(ii) in sub-section (2), the word "could” appearing betw een the words "therewith” and "be prejudicial” shall be substituted by the word "would” ;

(iii) in sub-section (2), the word "Commissioner” appearing twice, first between the words "of th e” and "or of” and secondly between the words "by the” and "or the” shall be substituted by the word "Corporation” and the word "Commissioner” appearing between the words "to the” and "whose” shall be substituted by the word "Government”.

6. Amendment of Section 17 of Assam Act I of 1973:- In the principal Act, in Section 17, sub-section (2), the existing proviso shall substituted by the following, nam ely :—

"Provided th at no letter shall be sent to the Government by the Commissioner without sending a copy thereof to the Mayor on receipt of which the Mayor may furnish his views, if any, to the Government.”

7. Amendment of Section 19 of Assam Act I of 1973:- In the principal Act, in Section 19, in sub-section (3), the words "other than prerogatives of the Mayor” preceded and followed by comma, shall be inserted in between the words "functions” and "to”.

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