The Guwahati Metropolitan Development Authority (Amendment) Act, 2006
##### Registered No. 768/97

# THE ASSAM GAZETTE

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### EXTRA ORDINARY

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 ___________ PUBLISHED BY AUTHORITY___________

##### 187 18 ^T5ft, 2006, 27 T m , 1928 (W )
 No. 187 Dispur, Friday, 18th August, 2006, 27th Sravana, 1928 (S.E.)

###### GOVRNMENT OF ASSAM
 ORDERS BY THE GOVERNOR
 LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH

 NOTIFICATION

 The 17th August, 2006
 No. LGL. 86/2004/15— The following Act of the Assam Legislative Assembly which received the

 assent of the Governor is hereby published for general information.

 ASSAM ACT NO. X OF 2006

 (Received the assent of the Governor on 11th August, zU06)

 THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (AMENDMENT)

 ACT, 2006

 AN
 ACT
 further to amend the Guwahat Metropolitan Development Authority Act, 1985.

Preamble Whereas it is expedient further to amend the Guwahati Metropolitan Assam

Development Authority Act, 1985, hereinafter referred to as the principal Act, in Act No.
the manner hereinafter appearing. XX of

###### 1987.

It is hereby enacted in the Fifty-seventh Year o f the Republic o f India as

follows

Short title, extent 1.(1) This Act may be called the Guwahati Metropolitan Development Authority

and commencement. (Amendment) Act, 2006

(2) It shall have the like extent as the principal Act.

(3) It shall come into force at once.

Amendment o f 2. In the principal Act, in section 5, -

section 5.

(i) in sub-section (1), for the existing clause (a) and (b), the following
shall be substituted, namely :-
“ (a) The Chief Minister o f the State o f Assam shall be the Chairman ;

(b) The Minister in charge o f Guwahati Development Department,

Assam shall be one .of the Deputy Chairmen out o f the two posts
o f Deputy Chairmen and the other post o f Deputy Chairman shall
be filled up by nomination by the State Government, by such
person as the State Government may think fit:

Provided that when there is no Council o f Ministers in the

State o f Assam, the State Government shall nominate such
persons as it may think fit, as the Chairman and Deputy Chairmen
respectively o f the Guwahati Metropolitan Development

Authority.”


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##### 1314 THEASgAR.GAZETTE, EXTRAORDINARY. AUGUST 18, 2 ^ 6

(ii) in sub-section (12), in the first line, in between the words “Deputy
Chairman” and “shaH”, the words “nominated under the proviso to
clause (b) of sub-section ( 1) of section 5” shall be inserted.

(iii) in sub-section (15), in the second line, in between the words “Deputy

Chairman” and “the case may be”, the words “nominated under the
proviso to clause (b) of sub-section (1) of section 5” shall be inserted.

(iv) in sub-section (16), in the first line, in between the words “ Deputy
Chairman” and “may", the words “nominated'under clause (b) of

sub-section ( I ) of section 5” shall be inserted. .

Insertion 3. In the principal Act, after existing section 34., the following new section

of a 34A shall be inserted, namely: -

new section “Punishment 34.A (I) If atty Officer or Authority including the Appellate Authority or

34A ' for violation any agency under this Act issues permission for construction

of the of building In contravention of the provision of this Act and

provisions the rules and bye-laws made thereunder, he shall be liable to

of the Act, be punished with imprisonment for a term of six months along

rules and with a fine of rupees ten thousand.
bye-laws (2) If any builder or promoter or owner erects or constructs or

occupies any building in contravention of the provision of this

Act and the rules and bye-laws made thereunder except die
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.”

Amendment 4. tn the principal Act, in section 44, the existing provision shall be

of renumbered as section 44(1) and after sub-section (1) so renumbered

section 44. the following sub-section. (2) shall be inserted, namely: -

“(2) No building permission for construction of a building whose height

is 15 meters or more from average level of the central line of the
street in which the site abuts or more than four floors excluding
basement or stilt shall be permissible if the measurement of the
proposed land on which the building is proposed to be constructed,
is less than 4 Kathas.”

Amendment of 5. In principal Act, in section 88, after sub-section (3), the following new

section 88. sub-section (4) shall be inserted, namely :-

“Power to 4. (a) It shall be lawful for the Chief Executive Officer, Guwahati

seal Metropolitan Development Authority, at any time, before or after

unauthorized making an order of demolition under section 88 read with section 25

construction and 30 or of stoppage of the erection of any building or execution of

any work under section 88, to make an order directing the sealing of
such erection or work or of the premises in which such erection or
work is being carried on or has been completed in the manner
prescribed by the Ad, for the purpose of carrying out the provision of
this Act, or for preventing any dispute as to the nature and extent of
such erection or work.

(b) Where any erection or work or any premises in which any erection or

work is being carried on has or have been sealed, the Chief Executive
Officer, Guwahati Metropolitan Development Authority may, for the
purpose of demolishing such erection or work in accordance with the

provision of this. Act, order such seal to be removed.

(c) No person shall remove such seal except, -

(i) under an order made by the Chief Executive Officer,
Guwahati Metropolitan Development Authority, or

(ii) under an order of an Appellate Authority or the Government
under this Act.”

##### M. K. DEKA,
 Commissioner & Secy, to the Govt, of Assam,
 Legislative Department, Dispur.

###### „ _____ _  *
 GUWAHATI - Printed and published by the Dy. Director (P&S) Directorate of Ptg. and Sty., Assam Guwahati-21
 (Ex-Gazette) No. 373-500+600-18-8-2006.


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