Section 8 of The Assam Municipal (Amendment) Act, 2004 — Amendment of section 45
Bare section text
Official Legislative Text
Amendment of section 45 In the principal Act, in section 45,
- (1)in sub-section (1), for the word "two", the word "one" shall be substituted;
- (2)in sub-section (2), for the word "two", the word "one" shall be substituted.
Educational Study Layer
Summary
- Amends Section 45 of the Act which governs the delegation of duties and powers by the Chairman of a Municipal Board.
- Requires that any delegation of duties, powers, or functions by the Chairman must be made through a formal order in writing.
- Specifies that powers can be delegated to the Vice-Chairman, the Executive Officer, or other municipal officers under any conditions or restrictions the Chairman imposes.
- Ensures the Chairman remains ultimately responsible for any acts of omission or commission by the delegated officer.
Practical examples
FAQ
1. What are the formal requirements for delegating powers under Section 8 of this Act?
Under Section 8 of this Act, any delegation of duties or powers by the Chairman to the Vice-Chairman, Executive Officer, or other officers must be executed through a formal order in writing, specifying any conditions or limitations.
2. Does a Chairman lose all responsibility after delegating powers to the Executive Officer under Section 8?
No, under Section 8 of this Act, the Chairman remains responsible for any acts of omission or commission performed by the delegated officer under the delegated authority.
3. To whom can the Chairman delegate municipal powers under Section 8 of this Act?
Under Section 8 of this Act, the Chairman can delegate powers to the Vice-Chairman, the Executive Officer, or any other notified municipal officer.
Practice Quiz
Q1.The Chairman of a Municipal Board wants to delegate his administrative powers to the Vice-Chairman during a 10-day leave. He tells the Vice-Chairman to take over his duties in front of three witnesses but does not sign any document. Is this delegation valid under Section 8 of this Act?
Q2.Under Section 8 of this Act, if the Executive Officer commits a financial irregularity while exercising powers delegated to him by the Chairman in writing, who is held responsible?
Q3.Under Section 8 of this Act, which of the following is a permissible delegate for the Chairman's powers?
Q4.If the Chairman delegates his powers to the Executive Officer but specifies a condition that no expenditure above five thousand rupees can be approved without the Chairman's counter-signature, can the Executive Officer approve an bill of seven thousand rupees on his own?