Assam Municipal (Amendment) Act, 2024 (Assam Act No. VI of 2024)

15 T15, 2024, 2024, 25 25 hey 1945

1945 (#1) ) No. 134 No. 134 Dispur, Dispur, Friday, Friday, 15th 15th March, March, 2024, 2024, 25th 25th Phalguna, Phalguna, 1945

1945 (S. (S. E.) E.) GOVERNMENT OF GOVERNMENT OF ASSAM ASSAM ORDERS BY ORDERS BY THE THE GOVERNOR GOVERNOR LEGISLATIVE DEPARTMENT LEGISLATIVE DEPARTMENT: : : :: LEGISLATIVE LEGISLATIVE BRANCH BRANCH NOTIFICATION NOTIFICATION The 15th The 15th March, March, 2024 2024 No. LGL.05/2024/12.— No. LGL.05/2024/12.– The The following following Act Act of of the the Assam Assam Legislative Legislative Assembly Assembly which which received the received the assent assent of of the the Governor Governor of of Assam Assam on on 14th 14th March, March, 2024 2024 is hereby hereby published published for for general information. general information. ASSAM ACT ASSAM ACT NO. NO. VI VI OF OF 2024 2024 (Received the (Received the assent assent of of the the Hon'ble Hon'ble Governor Governor on on 14th 14th March, March, 2024) 2024) THE THE ASSAM ASSAM MUNICIPAL MUNICIPAL (AMENDMENT) (AMENDMENT) ACT, ACT, 2024 2220

2220 THE ASSAM THE ASSAM GAZETTE, GAZETTE, EXTRAORDINARY, EXTRAORDINARY, MARCH MARCH 15, 15, 2024 2024 AN AN ACT ACT further to amend the Assam Municipal Act, 1956. Whereas it is expedient further to amend the Assam Municipal Assam Act Preamble Act, 1956, hereinafter referred to as the principal Act, in the manner No XV of hereinafter appearing; 1957 It is hereby enacted in the Seventy-fifth Year of the Republic of India as follows:- Short title and 1. (1) | This Act may be called the Assam Municipal (Amendment) commencement Act, 2024. (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. Amendment of 2. Inthe@rincipal Act, in section 46, in sub-section (2), . section 46 (i) _ in clause (i), after the words “and salaries,” the words and punctuation mark “as per provisions of section 50 and section 51” shall be inserted. (ii) clause (iv) shall be deleted. Amendment of 3: In the principal Act, in section 50, section 50 ; ; ; . (i) for sub-section (1), the following shall be substituted, namely:- “(1) (a)_=sIn addition to Officers appointed by the State Government under section 51, other employees and staff as may be necessary for proper and efficient discharge of the functions of the municipality may be appointed in the Board, in such manner and following such procedure as may be prescribed. (b) The appointment of officers and staff shall be as per prescribed staffing pattern and shall be as per provision of section 51 and no such post as may be specified by the State Government in this behalf shall be created or abolished and no appointment and dismissal and alteration in the emoluments thereof shall be made without the prior approval of the State Government. (c) The Board may, with prior permission of the State Government, engage subject specialists and personnel on contract for specified period in such manner and for such terms and conditions as may be prescribed.” (ii) for sub-section (2), the following shall be substituted, namely :- “(2) Every employee or officer of the Board, in consequence of any disciplinary action against him by the Executive officer, may appeal against such order to a competent authority as may be notified by the State Government. In all such cases the provisions of the discipline and appeal rules as applicable to all other Government employees shall be applicable.” THE ASSAM THE ASSAM GAZETTE, GAZETTE, EXTRAORDINARY, EXTRAORDINARY, MARCH MARCH 15, 15, 2024 2024 2221 2221 Amendment of 4. In the principal Act, for section 51, the following shall be section 51 substituted, namely :- “Service Sl. (1) The State Government may make rules in respect of condition of qualification, appointment, leave, scale of pay, all employees of allowances, retirement, dismissal, removal and Municipality other service conditions of employees of Municipality and officers other than a member of the State Municipal Service. (2) Every officer or staff employed under this Act shall be governed by discipline and conduct rules which are made applicable to other State Government employees, unless separate rules are made by the State Government. (3) If the State Government is of the opinion that stoppage or the cessation of the performance of any of the essential services shall be prejudicial to the safety or health or the maintenance of services essential to the life of the community in the Municipality, it may, by notification, declare that an emergency exists in the Municipality and that in consequence thereof no member, officer and employee of such essential municipal services and for such period as may be specified in the notification shall, (a) withdraw or absent himself from his duties otherwise than on leave duly granted; or (b) neglect or refuse or refrain to perform his duties or willfully perform them in an inefficient manner.” Amendment of 5. In the principal Act, for section 52, the following shall be section 52 substituted, namely:- “Appointment 52: (1) There shall be an Executive Officer in every of Executive municipality who shall be appointed by the State Officer Government and shall act as the Principal Municipal Officer of the Municipality and all other officers and employees of the Municipality shall be subordinate to him. The Executive Officer shall not be a member of the Board, but shall be a whole-time officer of the Board and shall have the right to attend all the meetings of the Board without any right of voting. (2) The executive power for the purpose of carrying out the provisions of this Act shall be vested in the Executive Officer, who shall perform such duties and exercise such powers as may be prescribed. (3) Any of the powers , duties or functions conferred or imposed upon or vested in the Executive Officer by this Act may be exercised, performed or discharged under the control of the Executive Officer and subject to his superintendence and also subject to such conditions and limitations, if any, as he may think fit to determine, and may delegate to any Municipal Staff whom the Executive Officer may generally or specially empower in writing in this behalf. 2222

2222 THE ASSAM THE ASSAM GAZETTE, GAZETTE, EXTRAORDINARY, EXTRAORDINARY, MARCH MARCH 15, 15, 2024 2024 (4) Subject to the provisions of section 53, the recruitment and conditions of service including pay and allowances of the Executive Officer shall be in such manner as may be prescribed. (5) The State Government may grant leave of absence to the Executive Officer as per leave rules. During any such leave of absence granted to the Executive Officer, the State Government may depute another person to act as an Executive Officer for carrying out the duties and functions of the Executive Officer as may be necessary. (6) The Executive Officer may in case of emergency direct the execution of any work or doing of any act which ordinarily requires the approval, sanction, concurrence or consent of the Board or the Chairman and the immediate execution or the doing of which is, in his opinion, necessary for the service or safety of the public, or for the prevention of extensive damage to any property of the Board, and may direct that expenses for executing the work or doing the act shall be paid from the Municipal Fund: Provided that the Executive Officer shall report forthwith to the Chairman of the Board, the action taken under this section and the reason thereof. (7) The Executive Officer shall be responsible for the custody of all records of the Board including all papers and documents connected with the proceedings of the Board, the Standing Committees, and other Committees, and shall arrange for the performance of such duties relative to the proceedings of the said bodies as they may respectively impose. (8) As soon as may be after the first day of April in every year and not later than such date as may be fixed by the Government, the Executive Officer shall prepare a detail administration report of the preceding year in such form as may be prescribed. The Board shall consider the report and forward the same to the Government with their resolution thereon if any. Copies of the administration report shall be made available in the website of the concered municipality.” Amendment of 6. In the principal Act, for the section 53, the following shall be section 53 substituted, namely: “Constitution 53. (1) If, the State Government is of the opinion that it is of the State necessary and expedient so to do for bringing about a municipal uniform and a more efficient service of the services municipalities for the purpose of carrying out the business and duties under this Act, notwithstanding contained in the Act may create, the municipal services namely:- THE ASSAM THE ASSAM GAZETTE, GAZETTE, EXTRAORDINARY, EXTRAORDINARY, MARCH MARCH 15, 15, 2024 2024 2223 2223 (a) Assam Urban Administrative Service; (b) Assam Urban Financial Service; and (c) Assam Urban Engineering Service. (2) The State Government shall appoint Executive Officers and such other officers, as may be required for each and every municipality from the cadre of Assam Urban Administrative Service or appoint any person not below the rank of Sub Divisional Officer (Sadar): Provided that one Executive Officer may be appointed in charge of more than one Municipality. (3) The State Government shall appoint Urban Technical Officers and Financial Management Officers, as may be required for each and every Municipality from the Assam Urban Engineering Service and Assam Urban Financial Service respectively. (4) The qualification, recruitment, appointment, promotion and conditions of service including pay and allowances and other service conditions of different cadres of the services shall be in the manner as may be prescribed. (5) The salary, allowances, gratuity, retirement, pension contribution and other payments required to be made to the members of the State municipal cadre shall be paid by the State Government. (6) The State Government may transfer any member of the State municipal services of the State from one Municipality to another Municipality. (7) The power to appoint officers of any municipal service constituted under this section including promotions, transfers and powers in relation to all matters regarding their conditions of service shall vest in the state Government.” Amendment of Ls In the principal Act, for the section 61, the following shall be section 61 substituted, namely:- “Financial 61. (1) Unless otherwise specified by the State Government, power of the all financial releases from Municipal Fund shall be Municipality signed by the Executive Officer and the Financial Management Officer. (2) The Board, Chairman and Executive Officer shall exercise such financial powers as may be prescribed.” Insertion of 8. In the principal Act, after section 61, the following new section new sections 61A shall be inserted, namely:- “Technical 61A. Urban Technical Officer shall be the Principal Technical Power of Officer of the Municipality for all development works, who Urban shall act under the supervision of the Executive Officer and Technical shall exercise such technical powers in such manner as may Officer be prescribed.” 2224

2224 THE ASSAM THE ASSAM GAZETTE, GAZETTE, EXTRAORDINARY, EXTRAORDINARY, MARCH MARCH 15, 15, 2024 2024 Amendment of 9. In the principal Act, for section 64, the following shall be section 64 substituted, namely:- “64. (1) The Board may enter into and perform any contract necessary for the purpose of implementing the provisions of the Act in such manner as may be prescribed; (2) The Executive Officer shall execute and sign every contract on behalf of the Board.” Amendment of 10. In the principal Act, for section 67 A, the following shall be section 67A substituted, namely:- “67A. The Financial Management Officer shall be the Principal Financial Management Officer of the Municipality, who shall act under the supervision of the Executive Officer and prepare and maintain accounts of receipts and expenditure of the Municipality for a financial year in such form and in such manner, as may be prescribed.” Amendment of In the principal Act, in section 67 B, in sub-section (1), in the first section 67 B line, for the words “Chief Municipal Officer” appearing in between the words “The” and “shall”, the words ‘Financial Management Officer under overall supervision of the Executive Officer” shall be substituted. Amendment of 12. In the principal Act, in section 67 C, in sub-section (1), in the first section 67 C line, for the words “Chief Municipal Officer” appearing in between the words “The” and “shall, within”, the words “Financial Management Officer under overall supervision of the Executive Officer” shall be substituted. Amendment of In the principal Act, in section 67 D, in third line, for the words section 67 D “Chief Municipal Officer” appearing in between the words “by the” and “before the”, the words “Executive Officer” shall be substituted. Amendment of 14. In the principal Act, in section 67 E, in sub-section (5), in the first section 67 E line, for the words “Chief Municipal Officer” appearing in between the words “The” and “shall submit”, the words “Executive Officer” shall be substituted. Amendment of 15; In the principal Act, in section 67-F, in sub-section (1), for the section 67 F words “Chief Municipal Officer” appearing at the end, the words “Executive Officer” shall be substituted. Amendment of 16. In the principal Act, in section 67 G, section 67 G (i) in sub-section (1), in first line, for the words “Chief Municipal Officer” appearing in between the words “The” and “shall”, the words “Executive Officer” shall be substituted. (ii) in sub-section (2), in the first line, for the words “Chief Municipal” Officer appearing in between the words “The” and “shall remedy”, the words “Executive Officer assisted by Financial Management Officer” shall be substituted. THE ASSAM THE ASSAM GAZETTE, GAZETTE, EXTRAORDINARY, EXTRAORDINARY, MARCH MARCH 15, 15, 2024 2024 2225 2225 Amendment of Wg In the principal Act, in section 67 H, in sub-section (1), in first section 67 H line, for the words “Chief Municipal Officer” appearing in between the words “The” and “shall”, the words “Executive Officer” shall be substituted. Amendment of 18. In the principal Act, in section 187, in the third line, in sub-section section 187 (1), the words “Health Officer” appearing in between the words “Health or” and “certifies”, shall be deleted. Amendment of 19. In the principal Act, in section 252, in sub-section (2), in the section 252 fourth line, the words “Health Officer” appearing in between the words “Surgeon or” and “to be”, shall be deleted. GEETANJALI DAS GEETANJALI DAS SAIKIA, SAIKIA, Secretary Secretary to the the Government Government of of Assam, Assam, Legislative Department, Legislative Department, Dispur, Dispur, Guwahati-6. Guwahati-6. Guwahati :: Printed Guwahati Printed and and Published Published by by the the Director, Director, Directorate Directorate of of Printing Printing & Stationery, Stationery, Assam, Assam, Guwahati-21. Guwahati-21. Extraordinary Gazette Extraordinary No. 267 Gazette No. 267 - 50 50 + 1010 - 15 15 - 03 03 - 2024. 2024. (visit (visit at- at– dpns.assam.gov.in) dpns.assam.gov.in)