Gauhati Municipal Corporation (Amendment) Act, 1983
No: 10 Dated: Oct, 10 1983
THE GAUHATI MUNICIPAL CORPORATION (AMENDMENT) ACT, 1983
ASSAM ACT NO. X OF 1983
An Act to amend the Gauhati Municipal Corporation Act,1969.
Whereas it is expedient to amend the Gauhati Municipal Corporation Act,1969 hereinafter called the principal Act, in the manner hereinafter appearing ;
It is hereby enacted in the Thirty-fourth Year of the Republic of India, as follows:-
1. Short title, extent and commencement. - (i) This Act may be called the Gauhati Municipal Corporation (Amendment) Act, 1983.
(ii) It shall have the like extent as the principal Act.
(iii) It shall’be deemed to have come into force on first August, 1983.
2. Amendmcnt of Section 72 of Assam Act I of 1973:- In the principal Act, in Section 72, in sub- section (6), the full stop appearing at the end shall be substituted by a colon ";" and thereafter the following proviso shall be inserted, namely :-
"Provided that notwithstanding anything contained in the principal Act, during the period of supersession, appointments to posts carrying any salary shall be made by the Commissioner with the approval of the State Government."
3. Amendmcnt of Section 150 of Assam Act I of 1973:- In the principal Act, in Section 150, in sub-section (I), m the second proviso to clause(b), for the figure "1951” , the figure "1972” shall be substituted.
4. Amendmcnt of Section 150 of Assam Act I of 1973:- In the principal Act, in Section 425,-
(a) in sub-section (I), the full stop ".” appearing at the end of the existing proviso shall be substituted by a colon and thereafter the following shall be inserted as a second proviso, namely
"Provided further that at any time before the expiration of the period of supersession or the extended' period' of supersession, as the case may be, the State Government may, from time to time, extend the period of supersession for such period as may be determined, no such extension exceeding one year at a time and the total period of supersession not exceeding a continuous period of three years"
(b) in sub-section (2), after clause (d) the following shall be inserted as a new clause "(e)”, namely :-
"(e) (i) Notwithstanding anything contained in the principal Act, during the period of supersession, the Commissioner shall sanction any estimate or contract for a particular work the amount of which does not exceed twenty thousand rupees ;
(ii) If the amount of estimate or contract exceeds twenty thousand rupees, the Commissioner shall sanction the estimate or contract with the approval of the State Government.”
5. Amendment of Section 438 of A ssam Act I of 1973:- In the principal Act, in Section 438 -
(i) In sub-section (2), the full stop ".” appearing at the end shall be substituted by a colon ” and thereafter the following shall be inserted as a new proviso, namely:-
"Provided th at notw ithstanding anything contained in the Act, during the period of supersession, an appeal shall lie before the State G overnm ent against the decision of the Standing Appeal Committee.”
(ii) A fter sub-section (2), the following shall be inserted as a new sub-section (3) namely :—
"(3) Notwithstanding anything contained in the principal Act, the State Government may, at any time, call for the records in any m atter from the Corporation and give such order as m ay be deemed necessary after exam ination of such records. The order of the State Governm ent, in this regard, shall be final”.
6. Amendment of Section 444 of A ssam Act I of 1973:- In the principal Act, in Section 444 for the figure"1951”, the figure "1972” shall be substituted.
7. Repeals and Savings:- (1) The Gauhati Municipal Corporation (Amendment) Ordinance, 1983 is hereby repealed.
(2) Notw ithstanding such repeal any , order passed, notification' issued, anything done or any action taken under the principal Act, as amended by the Gauhati Municipal Corporation, (Amendment) Ordinance, 1983 shall be deemed to have been passed, issued done or taken under the corresponding provisions of the principal Act as am ended by this Act.