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Section 2 of The Assam Municipal (Amendment) Act, 2004 — Amendment of section 2

Bare section text

Official Legislative Text

Amendment of section 2. In the Assam Municipal Act, 1956, hereinafter referred to as the principal Act, in section 2, after clause (30), the following new clause

(31)shall be inserted, namely:--
(31)"Municipal Corporation" means a Municipal Corporation constituted under the Assam Municipal Corporation Act, 2023.

Educational Study Layer

Summary

It requires every candidate for election as Municipal Commissioner to file a Fourth Schedule affidavit declaration along with their nomination paper.
The Returning Officer must make the affidavit public by displaying a copy on the Notice Board of his office.
The candidate must declare whether they were convicted, acquitted, or discharged of any past criminal offence, including details of any fine or imprisonment.
The candidate must declare whether, prior to six months of filing nomination, they are accused in any pending case punishable with imprisonment for two years or more where charges have been framed or cognizance taken by a Court.

Practical examples

1Rahul files his nomination paper to contest a municipal election but fails to attach the Fourth Schedule affidavit declaration. The Returning Officer rejects his submission because Section 2 of this Act mandates that this sworn declaration must be submitted at the time of filing nomination papers.

2Priyesh submits his nomination paper along with a Fourth Schedule affidavit disclosing a pending criminal charge framed five months ago for an offence carrying a three-year prison sentence. The Returning Officer accepts the nomination paper and immediately posts a copy of the affidavit on the office Notice Board to make the declaration public as required under Section 2 of this Act.

FAQ

1. What affidavit must be filed by an election candidate under Section 2 of this Act?

Under Section 2 of this Act, a candidate must file a declaration in the form of an Affidavit in the Fourth Schedule format when submitting nomination papers.

2. How does the Returning Officer make the affidavit public under Section 2 of this Act?

Under Section 2 of this Act, the Returning Officer makes it public by displaying a copy of the Affidavit on the Notice Board of his office.

3. What threshold applies to pending criminal cases that must be declared under Section 2 of this Act?

Under Section 2 of this Act, a candidate must declare any pending case prior to six months of filing nomination for an offence punishable with imprisonment for two years or more where charges are framed or cognizance is taken.

4. Must past criminal convictions and acquittals be disclosed under Section 2 of this Act?

Yes, under Section 2 of this Act, the candidate must declare whether they were convicted, acquitted, or discharged of any past criminal offence.

Practice Quiz

Q1.Under Section 2 of this Act, where must the Returning Officer display the candidate affidavit?

Q2.Under Section 2 of this Act, what is the minimum punishment term for a pending criminal charge that mandates declaration?

Q3.Under Section 2 of this Act, what lookback period applies to pending criminal accusations before filing nomination?

Q4.Under Section 2 of this Act, which schedule sets out the format for the candidate declaration?

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