[6
OF 2024] [15th
March 2024] AN ACT further to
amend the Assam Municipal Act, 1956. Whereas it is
expedient further to amend the Assam Municipal Act, 1956, hereinafter referred
to as the principal Act, in the manner hereinafter appearing; It is hereby enacted
in the Seventy-fifth Year of the Republic of India as follows:- (1)
This Act may be called the
Assam Municipal (Amendment) Act, 2024. (2)
It shall have the like extent
as the principal Act. (3)
It shall come into force at
once. In the principal Act
in section 46, in sub-section (2), (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. In the principal Act,
in section 50, (i)
for sub-section (1), the
following shall be substituted, namely:- "(1)
(a) In 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." In the principal Act,
for section 51, the following shall be substituted, namely :- 51.
"Service condition of employees of Municipality (1)
The State Government may
make rules in respect of qualification, appointment, leave, scale of pay, all
allowances, retirement, dismissal, removal and 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." In the principal Act,
for section 52, the following shall be substituted, namely:- 52.
"Appointment of Executive Officer (1)
There shall be an Executive
Officer in every municipality who shall be appointed by the State 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. (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." In the principal Act,
for the section 53, the following shall be substituted, namely: 53.
"Constitution of the State municipal services (1)
If, the State Government is
of the opinion that it is necessary and expedient so to do for bringing about a
uniform and a more efficient service of the 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:- (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." In the principal Act,
for the section 65, the following shall be substituted, namely:- 61.
"Financial power of the Municipality (1)
Unless otherwise specified
by the State Government, all financial releases from Municipal Fund shall be
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." In the principal Act,
after section 61, the following new section 61A shall be inserted, namely:- 61A.
"Technical Power of Urban Technical Officer Urban
Technical Officer shall be the Principal Technical Officer of the Municipality
for all development works, who shall act under the supervision of the Executive
Officer and shall exercise such technical powers in such manner as may be
prescribed." In the principal Act,
for section 64, the following shall be 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." In the principal Act,
for section 67 A, the following shall be 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." In the principal Act,
in section 67 B, in sub-section (1), in the first 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. In the principal Act,
in section 67 C, in sub-section (I), in the first 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. In the principal Act,
in section 67 D, in third line, for the words "Chief Municipal
Officer" appearing in between the words "by the" and
"before the", the words "Executive Officer" shall be
substituted. In the principal Act,
in section 67 E, in sub-section (5), in the first line, for the words
"Chief Municipal Officer" appearing in between the words
"The" and "shall submit", the words "Executive
Officer" shall be substituted. In the principal Act,
in section 67-F, in sub-section (1), for the words "Chief Municipal
Officer" appearing at the end, the words "Executive Officer"
shall be substituted. In the principal Act,
in 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. In the principal Act,
in section 67 H, 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. In the principal Act,
in section 187, in the third line, in sub-section (1), the words "Health
Officer" appearing in between the words "Health or" and
"certifies", shall be deleted. In the principal Act,
in section 252, in sub-section (2), in the fourth line, the words "Health
Officer" appearing in between the words "Surgeon or" and
"to be", shall be deleted.The
Assam Municipal (Amendment) Act, 2024
Preamble