Section 9 of The Assam Municipal (Amendment) Act, 2004 — Amendment of section 53
Bare section text
Official Legislative Text
Amendment of section 53 9. In the principal Act, in section 53, for sub-section (1), the following shall be substituted, namely:-- "(1) The Municipal Board shall, as soon as may be, after the constitution of the Board, elect one of its members to be the Chairperson and another member to be the Vice-Chairperson: Provided that the office of the Chairperson shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as may be prescribed: Provided further that the Chairperson or the Vice-Chairperson shall hold the office for a period of five years from the date of the first meeting of the Board, unless he resigns or is removed from the office earlier: Provided also that the election of the Chairperson or the Vice-Chairperson shall be held in such manner as may be prescribed."
Educational Study Layer
Summary
- Amends Section 53 of the Act concerning the appointment and administrative role of the Executive Officer.
- Mandates that the State Government shall appoint a whole-time Executive Officer for each Municipal Board and Town Committee.
- Establishes that the Executive Officer shall act as the Principal Municipal Officer, and all other municipal employees shall be subordinate to him.
- Vests the executive power of the Municipal Board in the Executive Officer for carrying out the provisions of the Act.
- Allows the State Government to appoint one Executive Officer for multiple contiguous municipalities if the distance between them is not more than twenty kilometers.
Practical examples
FAQ
1. Who appoints the Executive Officer of a Municipal Board under Section 9 of this Act?
Under Section 9 of this Act, the Executive Officer of a Municipal Board or Town Committee is appointed directly by the State Government as a whole-time officer.
2. Can a single Executive Officer be placed in charge of two different Municipal Boards under Section 9 of this Act?
Yes, under Section 9 of this Act, the State Government may place one Executive Officer in charge of more than one Municipal Board if they are contiguously situated in the same district or subdivision and the distance between them is not more than twenty kilometers.
3. What is the administrative standing of other municipal employees relative to the Executive Officer under Section 9?
Under Section 9 of this Act, the Executive Officer acts as the Principal Municipal Officer, and all other officers and employees of the Municipal Board are subordinate to him.
Practice Quiz
Q1.The State Government wants to appoint a single Executive Officer to manage two contiguously situated Municipal Boards in the same district. The distance between the two municipal offices is twenty-five kilometers. Is this dual appointment permitted under Section 9 of this Act?
Q2.A municipal clerk refuses to follow an administrative instruction issued by the Executive Officer, claiming he only reports to the elected ward commissioner. Is the clerk's claim valid under Section 9 of this Act?
Q3.Under Section 9 of this Act, in whom is the executive power for the purpose of carrying out the provisions of the Act vested?
Q4.An Executive Officer of a Municipal Board wants to delegate some of his daily supervision duties to a senior inspector. Can he do so under Section 9 of this Act?