Section 426 in Gauhati Municipal Corporation Act, 1971
426. Power of Government Prescribe to forms and make rules.
(1)The Government may make rules consistent with this Act for carrying out all or any of the purposes of this Act, and prescribe by rules such forms for any proceedings of the Corporation for which it considers that a form should be provided.(2)In particular and without prejudice to the generality of the foregoing power, such rules may, provide for all or any of the following matters, namely: -(a)With respect to all matters expressed, required or allowed by this Act to be prescribed;(b)Qualification of electors and the preparation publication, correction and revision of electoral rolls;(c)The appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections;(d)The nomination of candidates, form of nomination paper, objections to nominations and security of nominations;(e)The deposits to be made by candidates, time and manner of making such deposits may be refunded to candidates or forfeited to the Corporation;(f)The withdrawal of candidatures;(g)The appointment of agents of candidates;(h)The procedure in contested and uncontested elections;(i)The date, time and place for poll and other matters relating to the conducts of election including -(i)The selection of Polling Stations for each ward;(ii)The hours during which the Polling station shall be kept open for the casting of votes;(iii)The printing and issue of ballot papers;(iv)The checking of voters by reference to the electoral roll;(v)The marking with indelible ink of the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper has already such mark, so as to prevent personation of voters;(vi)The manner in which votes are to be given and in particular in the case of illiterate voters or voters under physical or other disability;(vii)The procedure to be following in respect of challenged votes and tendered votes;(viii)The scrutiny of votes, counting of votes, the declaration of results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one ward;(ix)The custody and disposal or papers relating to elections;(x)The suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of fresh poll;(xi)The holding of a fresh poll in the case of destruction of or tampering with ballot boxes before the poll; and(xii)The countermanding of the poll in the case of the death of a candidate before the poll;(j)The fee to be paid on an election petition;(k)For rendering incapable of municipal office either permanently or for a term of years any person who may have been proved guilty of a corrupt practice or of conniving at or abetting the same;(l)Any other matter relating to elections or election petitions in respect to which the Government deem it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Government, necessary;(m)The constitution and disposal of special funds;(n)The publication of notices;(o)The condition on which property may be acquired by the Corporation or on which property vested in the Corporation may be transferred by sale, mortgage, lease, exchange or otherwise;(p)The authority on which money may be paid from the Municipal Fund, and the management and regulation of provident funds;(q)The preparation of plans and estimates for works partly or wholly to be constructed at the expense of the Corporation, and for the preparation, and periodical revision of maps and registers and for the authorities by which the conditions subjects to which such plans, estimates, maps and registers are to be prepared and sanctioned;(r)The preparation of estimates of income and expenditure of the Corporation;(s)The manner of making applications for permission to borrow money, the enquiries to be made in relation to loans and the manner of conducting such enquiries, the inspection of any works carried out by means of loans, and the utilisations of unexpended balances of loans, etc;(t)The manner in which accounts are to be kept by the Corporation, the conditions on which such accounts are to be opened to inspection by inhabitants paying any tax under this Act and manner in which such accounts are to be audited;(u)The assessment and collection of and the compounding for taxes imposed under this Act, and preventing evasion of the same, and for fixing the fee, payable for notice of demands;(v)The conditions on which the Corporation may receive animals or articles into a bonded warehouse and the agreement to be signed by traders and others wishing to deposit animals or articles therein;(w)The returns, statements and reports to be submitted by the Corporation;(x)The formation and working of the municipal fire-brigade;(y)The language in which business shall be transacted, proceedings recorded and notices issued; and(z)Generally for the guidance of the municipal authorities and public servants in carrying out the purposes of this Act; and also for the same purposes as those for which the Corporation may make bye-laws under the provisions of Section 416.(3)In making a rule under this section the Government may provide that a person guilty of contravention thereof shall, on conviction be punished with fine which may extend to five hundred rupees and where the contravention is a continuing one with such further fine which may extend to twenty-five rupees for every day after the first on which the contravention continues.(4)All rules made under this Act shall be subject to previous publications.(5)Every rule made under this section shall be laid as soon as may be after it is made, before the State Legislature while it is in session for a total period of fourteen days which may be combined in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislature agrees in making any modification in the rule or that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.(6)Notwithstanding anything hereinbefore contained the Government shall not make rules under clause (z) of sub-section (2) for the city unless the Corporation has been required by the Government to make bye-laws under section 416 and has failed to make any such bye-laws, and any rules made by the Government under clause (z) of sub-section (2) shall have effect as if they were, and shall be deemed for all purposes to be bye-laws made by the Corporation.
