The Gauhati Municipal Corporation (Second Amendment) Act, 2006

Registered No. 768/97 vSppi W T 3 THE ASSAM GAZETTE ^ T w r EXTRA ORDINARY w w r otEkd PUBLISHED BY AUTHORITY 190 1¥f^pr, C W W , 21 2006 , 30 *TK3CT, 1928 ( ’T?p) No. 190 Di spur, Monday, 21st August, 2006, 30th Sravana, 1928 (S.E.) . GOVRNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT:: LEGISLATIVE BRANCH NOTIFICATION The 17th August, 2006 No. LGL. 123/2003/Pt/73- The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. ASSAM ACT NO. XII OF 2006 (Received the assent of the Governor on 11th August, 2006) THE GUWAHATI MUNICIPAL CORPORATION (SECOND AMENDMENT) ACT, 2006. AN ACT further to amend the Guwahati Municipal Corporation Act, 1969. Preamble Whereas it is expedient further to amend the Guwahati Municipal Assam Act Corporation Act, 1969, hereinafter referred to as the principal Act, in I of 1973 the manner hereinafter appearing ; It is hereby enacted in the Fifty - seventh Year of the Republic of India as follows Short title, extent and commence­ ment Insertion in section 3 Amendment of section 174 1. (1) This Act may be called the Guwahati Municipal Corporation (Second Amendment) Act, 2006. (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. 2. In the principal Act, in section 3, after clause (22), the following new clause shall be inserted, namely “ (22a) “Advertisement Prohibited Zone” means and includes an area or plot or ward or part of a ward, land on road side or river side, or such other sites or places within the Corporation as may be notified by Government from time to time 3. In the principal Act., in section 174, in sub-section (2), after clause (b), the foilowing new clause shall be inserted, namely 1324 THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST_2L_2006. “(c) the advertisement fails under the ‘Advertisement Prohibited Zone” as may be notified by the Government under clause (22a) of section 3.” Insertion of new sub-section in section 33 i 4. In the principal Act, in section 331, after sub-section (2), a new sub-section (3) shaft be inserted, namely “(3) Mo. building permission for construction of a building whose height is 15 meters or mere from average level of the centra! line of the street in which the site abuts or more than four floors excluding basement or stilt shall be permissible ii'the measurement of the proposed land ■on which the building is proposed to be constructed, is less than 4 Kathas,” Insertion of new section 5. In the principal Act, after section 337, the following shall be inserted as section 337A, namely :- “ Power to seal unauthorised erection 337A. (1 )It shall be lawful for the Commissioner, at any time, before or after making an order of demolition under section 335 and 337 pr of stoppage of the erection of any building or execution of any work under section 335, to make an order directing the scaling o f such erection or work which is being carried on or has been completed in the maimer provided .in the Act, for ths purpose of carrying out the provisions of this Act t pre anting any depute as to the nature and exrent o* such i icetiim or work. (2) Where any erection or work has been sealed, the Commissioner may, for dv, purpose of demolishing or discontinuing sut h erection or work, order rhe seal to be removed (3) No person shall remove such seal except - (a) under an order by the Commissioner under sub­ section (2); (b) under an order made by an Appellate Authority or the Government, as may be made under the Act.’’ Insertion of a new section 6. In the principal Act, after existing section 417, the following new section shall be inserted, namely 417A (i) If any Officer or Authority including the Appellate ■‘Punishment for violation of the provisions of the Act, rules or bye-laws Authority or any agency under this Act issues permission for construction of building in contravention o f the provisions o f this Act and the rules and bye-laws made thereunder, he shall, be liable to be punished with imprisonment for a term of six months along with a fine of rupees ten thousand. (ii) If any builder or promoter or owner erects or constructs or occupies any building in contravention o f the provisions of this Act and the rules and bye-laws made thereunder, except the provisions of compoundable limit as provided in the bye-laws, he shall be liable to be punished with imprisonment for a term of six months along with a fine of rupees ten thousand.” Insertion of section 425A 7. In the principal Act, after existing section 425, the following new section shall be inserted, namely “Power of the Government to give directions 425A. The Government may give such directions to the Corporation on questions of policy as it may consider it to be necessary in the public interest, in writing and the Corporation shall, be-bound by such directions.” - - - THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 21, 2006 1325 Insertion o f section 445 8. In the principal Act, after existing section 444, the following new .section shall be inserted, namely “Continuance of the functions of the existing Mayor, Deputy Mayor and Councillors for a certain period. 445. Notwithstanding anything contained in the Guwahati Assam Act Municipal Corporation (Amendment) Act, 2006 (hereinafter 1V of 2006. called the said Act), the existing Mayor, Deputy Mayor and Councillors shall continue to hold office and function under the principal Act, as if the said Act, had not come into force and they shall function until! the Mayor, Deputy Mayor and the Ward Councillors are directly elected under the provisions of the said Act,” M. K. DEKA, Commissioner & Secy, to the Govt, o f Assam, Legislative Department, Dispur. GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of Pig. and StyTAssanTgJwSSTH’ (Ex-Gazette) No. 379-500+600-21-8-2006.