■W - Registered No. - 768/97
THE ASSAM GAZETTE
^ p rrs rp r r
EXTRAORDINARY
SIT'S ’sHT ST<MPlk3
PUBLISHED BY AUTHORITY
d>° 68 CWTR, 28 GWJTlft, 2005, 9 , 1926 (»W)
No.68 Dispur, Monday, 28th February, 2005, 9th Phalguna, 1926 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH
NOTIFICATION
The 28th February, 2005
No. LGL.135/2003/17.-- The following Act o f the Assam Legislative
Assembly which received the assent o f the Governor is hereby published for
general information.
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file? an? “kW/M Registered N o. - 768/97
THE ASSAM GAZETTE
WWW
EXTRAORDINARY
21m $612? first We
PUBLISHED BY AUTHORITY
71'? 68 @023, W, 28 W133, 2005, 9 2mm, 192601—43)
No.68 Dispur, Monday, 28th February, 2005, 9th Phalguna, 1926 (SB)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH
NOTIFICATION
The 28th February, 2005
No. LGL.135/2003/17.—- The following Act ofthe Assam LegislatiVe
Assembly which received the assent of the Governor is hereby published for
general information.
508 THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 28, 2W5
ASSAM ACT NO. VI OF 2005
(Received the assent of the Governor on 22nd February, 2005)
1 HE ASSAM MUNICIPAL (Amendment) ACT, 2004.
Preamble
AN
ACT
further to amendment the Assam Municipal Act, 1956.
Whereas it is expedient further to amend the Assam Assam
Municipal Act, 1956, hereinafter referred to as the Act XV of
principal Act, in the manner hereafter appearing ; 1965-
It is hereby enacted in the Fifty-fifth Year of the
Republic of India as follows
Short title,
extent and
commence
ment.
1. (1) This Act may be called the Assam Municipal
(Amendment) Act, 2004.
(2) It shall have the like extent as the principal Act.
(3) It shall be deemed to have come into force on and
from the 20th October, 2003.
Insertion in
section 15.
2. In the principal Act, in section 15, in sub-section (1),
after clause (IX), the following clause shall be inserted,
namely :-
“(X) fails to furnish a declaration in the form of an
Affidavit in the format, as appended in the Fourth
Schedule, at the time of filling nomination paper
containing the following information which shall be
made public by the respective returning officers by
displaying a copy of the Affidavit on the Notice Board
of his office:
(a) Whether the candidate had been convicted/
acquitted/ discharged of any criminal offence in the
past and if convicted, whether he was punished with
imprisonment or fine.
(b) prior to six month of filling of nomination whether
the candidate is accused in any pending case of any
offence punishable with imprisonment for a term of
two years or more, and in which charge is framed or
congnizance has been taken by the Court. If so, the
details thereof,
/\,
508 THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 28, 2605
ASSAM ACT NO. VI OF 2005
(Received the assent of the Governor on 22nd February, 2005)
THE ASSAM MUNICIPAL (Amendment) ACT, 2004.
AN
ACT
further to amendment the Assam Municipal Act, 1956.
Preamble W'hereas it is expedient further to amend the Assam Assam
Municipal Act, 1956, hereinafter referred to as the A“ XV 0f
principal Act, in the manner hereafter appearing ; 1965'
It is hereby enacted in the Fifty-fifth Year of the
Republic of India asfollows :-
Short title, 1. (1) This Act may be called the Assam Municipal
extent and (Amendment) Act, 2004.
commence-
ment. (2) It shall have the like extent as the principal Act.
(3) It shall be deemed to have come into force on and
from the 20th October, 2003.
Insertion in 2. In the principal Act, in section 15, in sub-section (1),
seem" 15- after clause (IX), the following clause shall be inserted,
namely :-
“(X) fails to furnish a declaration in the form of an
Affidavit in the format, as appended in the Fourth
Schedule, at the time of filling nomination paper
containing the following information which shall be
made public by the respective returning officers by
displaying a copy of the Affidavit on the Notice Board
of his office :
(a) Whether the candidate had been convicted/
acquitted/ discharged of any criminal offence in the
past and if convicted, whether he was punished with
imprisonment or time.
(b) prior to six month of filling of nomination whether
the candidate is accused in any pending case of any
offence punishable with imprisonment for a term of
two years or more, and in which charge is framed or
congnizance has been taken by the Court. If so, the
details thereof,
<
THii ASSAM GAZETTE, EXTRAORDINARY, FEB. 28, 2005 509
(c) the assets (immovable, movable, bank balance etc.)
o f a candidate and o f his/her spouse and, that o f
dependants,
(d) liabilities, if any, particularly whether there are any
overdues o f any public Financial Institu tions or
Government dues ;
(e) the educational qualifications o f candidate”;
Insertion a 3. In the principal Act, after the existing “The third
new
Schedule.
Schedule” the following “Fourth Schedule” shall be
inserted, namely
“FOURTH SCHEDULE”
Affidavit to be furnished by candidate along with nomination paper before
the Returning Officer for election as Commissioner of a Municipal Board.
District..................................Ward No...............Name, if any..............................
I , ...........................................son/daughter/wife of.................................................
age................years, resident o f ..............................................................................
candidate at the above election, do hereby solemnly affirm and state on oath as
under
(Strike out whichever not applicable)
(1) 1 have in the past, been convicted of criminal o f offence in the following case (s)
and the details are as under
(i) Case No.
(ii) Section o f the Act and description o f the offence for which convicted.
(lii) Date(s) o f conviction.
(iv) Court(s) by which convicted,
(v) Punishment imposed (indicate period of imprisonment awarded and/or
quantum o f fine imposed).
(vi) Details o f appeals/revision, etc. filed against above conviction (s),
(2) That I have in the past been discharges/acquitted in the following cases
(i) Section o f the Act description of the offence with which charges.
(ii) Case No.
(iii) Name o f the Court by which acquitted/discharged,
THE ASSAM GAZETTE EXTRAORDINARY FEB. 28 2005 509
(c) the assets (immovable, movable, bank balance etc.)
of a candidate and of his/her spouse and, that of
dependants,
(d) liabilities, if any, particularly-Whether there are any
overdues of any public Financial Institutions or
Government dues ;
(e) the educational qualifications of candidate”;
Insertion a 3. [n the principal Act, after the existing “The third
“8W Schedule” the following “Fourth Schedule” shall be
SChedule‘ inserted, namely :—
“FOURTH SCHEDULE”
Affidavit to be furnished by candidate along with nomination paper before
the Returning Officer for election as Commissioner of a Municipal Board.
District ............................... Ward No. ........... Name, if any ............................
I, ..................... , ................. son/daughter/wife of .............................................
age .............. years, resident of .......................................................................
candidate at the above election, do hereby solemnly affirm and state on oath as
under :-
(Strike out whichever not applicable)
(1) I have in the past, been convicted of criminal of offence in the following case (5)
and the details are as under :-
(i) Case No.
(ii) Section of the Act and description of the offence for which convicted.
(iii) Date(s) of conviction.
(iv) Court(s) by which convicted,
(v) Punishment imposed (indicate period of imprisonment awarded and/or
quantum of fine imposed).
(vi) Details of appeals/revision, etc. filed against above conviction (8),
(2) That I have in the past been discharges/acquitted in the following cases :-
(i) Section of the Act description of the offence with which charges.
(ii) Case No.
(iii) Name of the Court by which acquitted/discharged,
510 THE ASSAM GAZETTE, EXTRAORDINARY, FEB, 28, z005
(iv) Date of acquittal/discharge,
(v) Details of appeal (s) /application (s) for revision/review, if any, filed against
above acquittal/discharge.
(3) That I have, in the period ending six months prior to the date of filling the
present nomination, been accused of the following offences punishable with
imprisonment with two years or more, and in which a charge has been framed or
congnizance taken by the Court as indicated hereunder
(Note This excludes the cases mentioned in (1) and (2) above)
(i) Section of the Act and description of the offence with which charges/
congnizance taken.
(ii) The Court which has framed the charge/taken congnizance.
(iii) Case No,
(iv) Date of order of the Court framing charge/taking cognizance.
(v) Details of appeal (s) /application (s) for revision, etc., if any, filed against
above order framing charge/taking cognizance.
(4) That I give herein below the details of, the assets (Immovable, Movable, Bank
balance, etc.) of myself, my spouse and dependents.
A. Details of moveable assests :-
Assets in joint name indicating the extent of joint ownership will also have
to be given
SI.
No.
Description Self Spouse(s)
Name(s)
Dependent-1
Name :
Dependent-2 Dependent-3 etc.
Name : Name :
(1) (2) (3) (4) (5) (6) (7)
(i) Cash,
(ii) Deposit in Banks,
Financial Institutions and
Non-Banking Financial
Companies,
(iii) Bonds Debentures and
shares in companies.
(iv) Other Financial
Instruments, NSS, Postal
Savings, LIC Policies, etc.,
(v) Motor Vehicles
(Details of make etc).
(vi) Jewellery (give details
of weight and value).
(vii) Other assets such as
values of claim/
in terests.
510 THE ASSAM GAZETTE EXTRAORDINARY FEB. 28 2505
(iv) Date of acquittal/discharge,
(v) Details of appeal (5) /application (5) for revision/review, if any, filed against
above acquittal/discharge.
(3) That I have, in the period ending six months prior to the date of filling the
present nomination, been accused of the follOwing offences punishable with
imprisonment with two years or more, and in which a charge has been framed or
congnizance taken by the Court as indicated hereunder :-
(Note :- This excludes the cases mentioned in (l) and (2) above)
(i) Section of the Act and description of the offence with which charges/
congnizance taken.
(ii) The Court which has framed the charge/taken congnizance.
(iii) Case No.
(iv) Date of order of the Court framing charge/taking cognizance.
(v) Details of appeal (5) /application (3) for revision, etc., if any, filed against
above order framing charge/taking cognizance.
(4) That I give herein below the details of, the assets (Imrnovable, Movable, Bank
balance, etc.) of myself, my spouse and dependents.
A. Details of moveable assests :-
Assets in joint name indicating the extent of joint ownership will also have
to be given :-
Sl. Description Self Spouse(s) Dependent-1 Dependent—2 Dependent—3 etc.
No. Name(s) Name : Name : Name :
(1) (2) (3) (4) (5) (6) (7)
(i) Cash,
(ii) Deposit in Banks,
Financial Institutions and
Non-Banking Financial
Companies,
(iii) Bonds Debentures and
shares in companies.
(iv) Other Financial
Instruments, NSS, Postal
Savings, LIC Policies, etc.
(v) Motor Vehicles
(Details of make etc).
(vi) Jewellery (give details
of weight and value).
(Vii) Other assets such as
values of claim/
in terests.
9
IZ7E ASSAM GAZETTE, EXTRAORDINARY, FEB. 28, 2005 511
Note 1. Dependent here means a person substantially dependents on
the income o f the candidate.
2. Value of bonds/Shares/Debentures as per the latest market value
in Stock Exchange in respect o f listed Companies and as per
books in the cases of non-listed companies should be given,
B. Details o f Immovable Assets
(Note Properties in Joint ownership indicating the extent of
joint ownership will also have to be indicated).
SI.
No.
Description Self Spouse(s) Dependent-1
Name :
Dependent-2
Name :
Dependent-3
Name :
(1) (2) ’(3) (4) (5) (6) (7)
1. Agricultural Land
Location(s)
Survey number(s)
Extent (Total measurement)
Current market value).
9 (ii) N one- A gricultural Land
-Location(s)
-Survey/door number(s)
- Extent (Total measurement)
-Current market value.
(lii) Building (Commercial and
residential,
Location (s)
Survey/door number (s)
-Extent (Total measurement)
-Current market value.
(iv) Houses/Apartments, etc.
-Location (s)
- Survey/ door number (s)
-Extent (Total measurement)
-Current market value.
(v) Other (Such as interest in property).
5. I give herein below the details of my liabilities/ overdues to public financial
institutions and Government dues :-
(Note :- Please give separate details for each item).
l
' E ASSAM GAZETTE EXTRAORDINARY FEB. 28 2005 51
Note :— 1. Dependent here means a person substantially dependents on
the income of the candidate.
2. Value of bonds/Shares/Debentures as per the latest market value
in Stock Exchange in respect of listed Companies and as per
books in the cases of non-listed companies should be given,
B. Details of Immovable Assets :-
(Note :- Pro erties in Joint ownershi indicatin the extent of
P P g
joint ownership will also have to be indicated).
Sl. Description Self Spouse(s) Dependent—1 Dependent-2 Dependent—3
No. Name : Name : Name :
1. Agricultural Land
Location(s)
Survey number(s)
Extent (Total measurement)
Current market value).
9 (ii) None— Agricultural Land
-Location(s)
—Survey/door number(s)
- Extent (Total measurement)
-Current market value.
(iii) Building (Commercial and
residential,
Location (s)
Survey/door number (s)
—Extent (Total measurement)
-Current market value.
(iv) Houses/Apartments, etc.
-Location (s)
- Survey/ door number (s)
—Extent (Total measurement)
-Current market value.
(v) Other (Such as interest in property).
5. I give herein below the details of my liabilities/ overdues to public financial
institutions and Government dues :-
(Note :- Please give separate details for each item).
J 1 2 , 1 H E r t Q O r t l V l VjTAzEIE 1 1 1 3 , E A 1 I N z A k /lv E 7 1 1 N ./VJX i , r u u . z . o , ........<
SI.
No.
Description Name and address of Bank/Financial
Institution (s) Department (s)
Amount Outstanding
as on
1 32
(a) (i) Loans from Bank
(ii)L o an s from F inancia l
Institutions.
(iii) Government dues (Other than
incom e tax and w ea lth tax)
(No. Due Certificate to be enclosed
in case holding or having held any
public office).
(b )(i) Incom e tax includ ing
surchage (A lso in d ica te the
a ssessm en t year upto w hich
income tax return filed. Give also
p e rm an en t A ccoun t N um ber
(PAN).
(ii) Wealth Tax (Also indicate the
assessment year upto which wealth
tax return filed.
(iii) Sale tax only in case o f
Proprietory business).
(iv) Property Tax.
6. My Educational Qualifications are as follows :
(Give details o f school and university education)
(Name o f School/College/University and the year in which the
course was completed should also be given).
DEPONENT
VERIFICATION
I, the deponent above-named, do hereby verify and declare that the contents
o f this declaration are true/correct to the best o f my knowledge and belief, no part
o f its false and nothing materials has been cancelled there-from.
Verified at.........................................................................this the.........................
...............................................................................................day o f .......................200....
DEPONENT
Place.....................
D a te .....................
Verified before me
(Signature o f Verifying Authority with seal)
M. K. DEKA,
Commissioner & Secy, to the Govt, of Assam,
Legislative Department, Dispur.
GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty.,
Assam, Guwahati-21, (Ex-Gazette) No. 135-500-600-28-2-2005.
m a,
512 THE ASSAM GAZETTE, EXTRAORDINARY, FEB. 28, (”V-Ls
81. Description Name and address of Bank/Financial Amount Outstanding
No. Institution (s) Department (5) as on
1 2 3 . 4
(a) (i) Loans from Bank
(ii)Loans from Financial
Institutions.
(iii) Government dues (Other than
income tax and wealth tax)
(No. Due Certificate to be enclosed
in case holding or having held any
public office).
(b)(i) Income tax including
surchage (Also indicate the
assessment year upto which
income tax return filed. Give also
permanent Account Number
(PAN).
(ii) Wealth Tax (Also indicate the
assessment year upto which wealth
tax return filed.
(iii) Sale tax only in case of
Proprietory business).
(iv) Property Tax.
6. My Educational Qualifications are as follows :
(Give details of school and university education)
(Name of School/College/University and the year in which the
course was completed should also be given).
DEPONENT
W
I, the deponent above—named, do hereby verify and declare that the contents
of this declaration are true/correct to the best of my knowledge and belief, no part
of its false and nothing materials has been cancelled there-from.
Verified at .................................................................. this the .......................
.................................................................................. day of....................200....
DEPONENT
Verified before me
Place """""""""" (Signature of Verifying Authority with seal)
Date ....................
M. K. DEKA,
Commissioner & Secy. to the Govt. of Assam,
Legislative Department, Dispur.
GUWAHATI— Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty.,
Assam, Guwahati-Zl, (Ex-Gazette) No. l35—500~600—28—2-2005.