The Assam Public Works (Regulation of Road Development and Transport) Act, 2010
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;■ **THE ASSAM GAZETTE**

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### EXTRA ORDINARY

 PUBLISHED BY THE AUTHORITY

T? 136 1¥t^ , 12 OT, 2010, 22 W T, 1932 (W )

No. 136 Dispur, Wednesday, 12th May, 2010, 22jid Vaisakha, 1932 (S.E.)

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GOVERNMENT OF ASSAM

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LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH

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**NOTIFICATION**

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The 12th May. 2010

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**No.LGL.128/2009/7. -- The following Act of the Assam Legislative Assembly which received**

the assent of the Governor is hereby published for general information.

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ASSAM ACT NO. XVII OF 2010

(Received the assent of the Governor on 29th April, 2010)

**THE ASSAM PUBLIC WORKS (REGULATION OF ROAD DEVELOPMENT**

**AND ROAD TRANSPORT) ACT, 2010.**


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1040 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 12.2010

**AN**

**ACT**

to provide for the regulation of road development and road transport

Preamble Whereas it is expedient to provide generally for the regulation of road

development and road transport for the public such condition as will ensure the

maximum efficiency of all means of road transport, and in particular for the

prevention of ribbon development along roads in the State of Assam;

And whereas it is expedient to enact a consolidated law covering all the

facets of road construction and maintenance under the Public Works

Department, the local authorities and such other authorities as may be

appointed for the purpose by the State Government;

It is hereby enacted in the Sixty-first Year of the Republic of India, as follows

1. (1) This Act may be called as the Assam Public Works (Regulation of Road

Short title, extent

and Development and Road Transport) Act, 2010.

commencement (2) It shall extend to the whole of Assam.

(3) It shall come into force on such date as the State Government may, by

notification in the official Gazette, appoint.

Definitions 2. In this Act, unless there is anything repugnant in the subject or context, -

(a) “animal” means any elephant, camel, horse, ass, mule, cattle, sheep or goat,

(b) “betterment" when applied to the land means the increase in value of any

land arising from the execution in its vicinity of a road development scheme

at Dublic expense,

(c) “betterment Tax" means a Tax levied on owners of land on the basis of a

percentage of the betterment value of the land;

(d) “building line" means on either side of any road or part of a road as

determined by the State Government;

(e) “competent authority" means the State Government or a local authority or any

officer of the State Government or local authority, competent to sanction the

construction of or repair to a road or bridge;

(f) “control line" means a line on either side of a road or part of a road beyond

the building line, as determined by the State Government;

(g) "driver” means in the case of mechanically propelled vehicle, "driver” as

defined in clause (9) of section 2 of the Motor Vehicle Act, 1988 and in case

of any other wheeled vehicle or conveyance drawn, propelled or driven by 59 oi

human being or animals, the person in charge or control of the vehicle for the

time being and in the case of an animal, any person dnving, leading, riding or

otherwise managing or controlling the animal, and the words “driving” and

"driven" shall be construed accordingly;


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12.201_0 1023

construction enclosing or delimiting or intended to enclose or delimit any land

or space, but does not include structure of temporary nature like tents, hutment

as well as shamianas erected for temporary purposes for ceremonial occasions,

with the permissions of the competent authority ;

(8) “building bye laws” means the bye-laws framed by the State Government under

section 5 of this Act;

(9) “building height” means the vertical distance measured in the case of flat roofs

from the average level of ground around and contiguous to the building or as

decided by Authority to the terrace of last livable floor of the building adjacent

to external wall and in the case of pitched roofs, up to the point where the

external surface of the outer wall intersects the finished surface of the sloping

roof, and in the case of gables facing the road the mid point between the eaves

level and the ridge. The architectural features serving no other function except

that of decoration shall be excluded for the purpose of taking heights. If the

building does not abut a street the height shall be measured above the average

level of the ground around and contiguo us to the building;

Provided that for hilly areas the vertical distance shall be measured

from the lower floor level instead of average ground level as applicable in case

of plain areas;

(10) “building line” means a line which is in the rear of the street alignment and to

which the main wall of a building abutting on a street may lawfully extend and

beyond which no portion of the building may extend except as prescribed in

this Act;

(11) “building permit” means permission accorded by the Guwahati Municipal

**Assam**

Corporation or by the other urban local bodies or Panchayats concerned relating **Act No**

**XX of**

to all issues of construction of building as per provisions of the Master Plan and **1987**

Zoning Regulations prepared and published under the Guwahati Metropolitan

Development Authority Act, 1985 and Building bye-laws prepared under this

Act;

(12) “chajja” means the sloping or horizontal structural projection usually provided

over openings on external walls to provide protection from sun and rain;

(13) “ceiling height” means the vertical distance between the floor and the ceiling.

Where a finished ceiling is not provided the underside of the joists or top of

post plate in case of pitched roof shall determine the upper point of

measurement;

(14) “concrete” means concrete in which steel rods or meshes are embedded to

increase strength;


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(17) “development” with its grammatical variation means the carrying out of

building, engineering, mining or other operations, in on, over, or under land or

the making of any material change in any building or in the use of any building

or land and includes division of any land;

(18) “drain” means any conduit used for the carriage of sewerage and sullage water

from one building or a portion of the building;

(19) “drain-sewerage” means a drain used or constructed to be used for conveying

solid or liquid waste matter, excretal or otherwise, to a sewer;

(20) “drain-surface water” means a drain used or constructed to use solely for

conveying to any drain any rain water but shall not include any rainwater pipe;

(21) “dwelling” means a building or portion thereof which is designed for use

wholly or principally for residential purposes;

(22) “Floor Area Ratio” (FAR) means quotient by dividing the total covered area

(Plinth area; on all floors excluding exempted areas as may be provided in the

building bye-laws into 100 by the area of the plot.

FAR- Total covered area of all floors x 100 ;

Plot area

(23) “floor area” means covered area of a buiiding at any floor level;

(24) “family” means a group of individuals normally of blood relation or connected

by marriage living together as a single house keeping unit and having a

common kitchen. Customary domestic servants shall be considered as adjunct

to the term family;

(25) “open space ’ means an area forming an integral part of the plot left open to the

sky for the purpose of this Act;

(26) “owner” means the person, when used in reference to any premises who

receives the rent of the said premises or would be legally entitled to do so if the

premises were let out. It also includes,-

(a) an agent or trustee who is legally authorized to receive such rent on behalf

of the owner;

(b) a receiver, executor or administrator or a manager appointed by any court

of competent jurisdiction to have the charges of or to exercise the rights of

owner of the said premises;

(c) a person having legal title over the premises /plot of land;

(27) “pathway” means an approach constructed with materials such as bricks,


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(29) “Planning Permit" means the permission accorded by the Guwahati **Assam**

**Act No**

Metropolitan Development Authority as per the provisions of Master Plan and

**XX of**

Zoning Regulations published by the Authority from time to time under the **1487**

Guwahati Metropolitan Development Authority Act, 1985;

(30) “plot” means a parcel of land occupied or intended for occupancy by one main

building, together with its accessory buildings and used customarily and

incidental to it. including the vacant spaces required and having frontage upon a

street or upon a private way as provided in the building bye-laws;

(31) “repairs” means any renovation applied to any structure, which does not in any

way change the specification of the structure but saves the structure from

further deterioration;

(32) “road” means and includes any highway, street, lane, pathway, alley,

passageway, carriageway, footway, square, bridge, whether private or public,

whether thoroughfare, or not whether existing or proposed in any scheme,

culverts, side walks and traffic is lands;

(33) “sanctioned plan” means the set of drawings and statements submitted under

relevant section of the building bye-laws in connection with a building and

sanctioned by Authority;•

(34) “State Government” means the Government of Assam;

(35) “storey” means the portion of a building included between the surface of any

floor and the surface of the floor next above it or if there be no floor above it,

then the spaces between any floor and the ceiling above it;

(36) “to abut” means to abut on a road such that any portion of the plot is on the

road boundary;

(37) “to construct’’ means to erect, re-erect or make material alterations;

(38) “to erect” means to construct a building for the first time or to reconstruct an

existing building after demolishing it according to some fresh or revised plan;

(39) “water closet” means a privacy with arrangement for flushing the pan with

water, but does not include a bathroom;

(40) “multistoreyed or high-rise buildings” means a building whose height is 15

meters or more measured from the average level of the central line of the street

on which the site abuts or more than four floors excluding basement or stilt;

(41) “Structural Engineer” shall mean an Engineer with at least 3 years experience

in structural design or an Engineer with post Graduate degree in Structural

Engineering:


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(43) “use” mans the purpose for which the building or a part of building is used or

intended to be used and the term “mixed used” shall mean and include a

building which is used for more than one use in different portion of the

building;

Explanation: - The classification of building based on principal use shall be as follows:-

**(a)** **Residential Buildings**

These shall include any building, in which sleeping

accommodation is provided for normal residential purposes with

or without cooking or dining or both facilities, including one or

two or multi-familv dwellings, lodging dormitories, apartment

houses, flats and hostels.

**(b)** **Institutional Buildings**

Institutional buildings ordinarily provide sleeping accommodation

for the occupants and specialized non-commercial training centers.

It includes hospital, sanatoria, custodial institutions and penal

institutions like jails, prisons, mental hospitals and reformatories.

These shall include any building used for school, college or day

care purposes involving assembly for instruction, education or

recreation where it is a part of education and other public and

semi-public buildings.

**(c)** **Assembly Buildings**

These shall include any building or part of a building where groups

of people congregate or gather for amusement, recreation, special,

patriotic, civil travel and similar purposes, for example, - marriage

hall, theatres, motion picture houses, assembly halls, auditorial

libraries, exhibition halls, museums, skating rings, gymnasium,

restaurants, dance halls, clubs, passenger stations and terminals or

air, surface and other public transportation services, and stadia.

These shall include any building used for religious purposes like

prayers, puja, worship, religious or spiritual congregation,

discourses, rituals and functions.

**(d)** **Commercial Buildings**

1'hese shall include any building or part of a building which is used

as shop, store, market for display and sale of merchandise either

wholesale or retail, office, storage or service facilities incidental to


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**(e)** **Industrial Buildings**

These shall include any building or part of a building or structure,

in which products or materials of all kinds and properties are

fabricated, assembled or processed like assembly plants,

laboratories, power plants, smoke houses, refineries, gas plants,

mills, dairies, factories, etc.

**(f)** **Storage Buildings**

These shall include any building or part of building used primarily

for the storage or sheltering (including servicing, processing or

repairs incidental to storage) of goods, ware or merchandise

(except those that involve highly combustible of explosive

products or materials) vehicles or animal, for example,

warehouses, cold storages, freight depots, transit sheds, store

houses, truck and marine terminals, garages, hangers, grain

elevators, bams and stables. Storage properties are characterized

by the presence of relativity small numbers of persons in

proportion to the area. Any new use which increases the number of

occupants to the figure comparable with other classes of

occupancy shall change the classification of the building to that of

the new use for example hungers used for assembly purposes,

warehouses used for office purposes, garages building used for

manufacturing.

**(g)** **Hazardous Buildings**

These shall include any building or part of a building which is used

for the storage, handling, manufacture or processing of highly

combustible or explosive materials or products which are liable to

bum with extreme rapidity and or which may produce poisonous

fumes or explosions for storage, handling, manufacturing or

processing which involve highly corrosive toxic or noxious alkalis,

acids or other liquids or chemicals producing flame, fumes and

explosive poisonous, irritant or corrosive gases, and for the

storage, handling or processing of any material producing

explosive mixtures or dust which result in the division of matter in

to fine particles subject to spontaneous ignition.


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(45) words and expression used in this Act and the building bye-laws framed **Assam**

**Act No 1**

thereunder but not defined shall have the meanings respectively assigned to **of 1973**

them in the Guwahati Municipal Corporation Act, 1971, the Guwahati **Assam**

**Act No**

Metropolitan Development Authority Act, 1985 and the National Building **XX of**

**1987**

Code of India 2005 as amended from time to time, shall have the meanings

respectively assigned to them in those Acts and Code;

**Applicability** The Act shall apply to regulate the construction of the buildings as per Planning

**of the Act**

Permit and Building Permit accorded to the concerned applicant by the Guwahati

Metropolitan Development Authority and the Guwahati Municipal Corporation

respectively and use of the site of the building under the jurisdiction of the

Guwahati Metropolitan Area in the following manner-

(1) Where a building is intended to be erected, the Act applies to the

Planning and Zoning Use. design and construction of the building;

(2) Where the whole or any part of the building is intended to be

removed, the Act applies to the whole building whether removed

or not;

(3) Where the whole or any part or the building is intended to be

demolished, the Act applies to any remaining part and to the work

involved in the demolition:

(4) Where a building is intended to be altered, the Act applies to the

whole building whether existing or new save and except that part

of building which is completely self contained with respect to

facilities and safety measures required under the building bye­

laws;

(5) Where the occupancy of a building is intended to be changed, the

Act applies to all parts of the building affected by the change;

(6) Where a building has been demolished by the Authority, the Act

applies to all parts of the building intended to be erected;

Provided that nothing in this Act shall apply with respect to


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**Fr..ining of** (1) Notwithstanding anything to the contrary contained in the Guwahati
**building bye­**
**laws by the** Metropolitan Development authority Act. 1985 and Guwahati
**Slate**
**Government** Municipal Corporation Act. >9 I the State Government shall frame the

building bye-laws to regulate i >e construction of buildings under the

jurisdiction of Guwahati Metropolitan Area.

pv The building bye-laws shall contain the matters enumerated herein

below;-

**P ART-1**

**(bye-laws to be framed relating to Planning Permit)**

(i) form of application together with plan, service plan for planning permit

and land sale or transfer permit and the requirement of different fees and

penalty for deviations and other documents to accompany an

application;

(ii) width for different classes of public streets according to the nature of

traffic to be carried thereon, street lines and setting back of building

from the regular line of the street;

(iii) regulation or restriction of the site for different uses like permissible

floor area ratio, coverage, height of building, parking norms and

requirement of external open spa e:

(iv) regulation and display of adve. tisement in the interest of amenity,

aesthetic or public safety;

(v) regulations in any manne- or specifically provided for in this Act. the

erection of any enclosure, w all, fence. tent or other structure or any land

within the limits of the Authority;

(vi) land sub-division and layout of public streets;

(vii) regulations for other services like drainage, water supply/sewerage,

rainwater harvesting etc. and recycling of used water to be provided in

the site as well as in any prescribed area;

(viii) provision of street furniture for physically challenged; <

(ix) period within which the Planning Permit shall be cither granted or

refused;

(x) duties md responsibility s of the persons preparing the plan;

(xi) such other matters which are to be or may be required to be made in the


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**PART II**

(bye-laws to be framed relating to Building Permit)

(i) form of application, specification of plans of building, site plan, service

plan and documents to accompany an application, requirement of

different fees and penalty for deviation;

(ii) standard of all classes of building classified on the basis of use, floor

area ratio, coverage, setbacks, height of building relation to street, plot

size for different classes of building, parking norms;

(iii) technical specification of different classes of building and structures and

general structural safety like earthquake, cyclone, landslide etc; and

seismic strengthening of retrofitting;

(iv) design of structure for earthquake resistance and retrofitting;

(v) fire and life safety, pollution control, rainwater harvesting, septic tank,

sewerage, drainage, garbage disposal, lift, ventilation, water supply,

electrical installation, and specification for physically challenged;

(vi) telephone, rooftop transmission and ground based transmission tower,

outdoor display structure, hoarding attached to a building;

(vii) laying of cables, conduits, water supply pipes and the like;

(viii) green building and recycling of used water to be provided in the

building;

(ix) requirements for special and lifeline buildings;

(x) requirements and specifications for physically challenged in the

building;

(xi) stacking of materials of construction;

(xii) restriction on use of inflammable material in the buildings;

(xiii) supervision and proof checking of structural design of buildings;

(xiv) period within which the Building Permit shall either be granted or

refused;

(xv) inspection, completion, occupancy of the building and forms required

for issuing completition certificate, occupancy certificate of the building;

(xvi) duties and responsibilities of person preparing the plan;

(xvii) such other matters which are to be or may required to be made in the

bye-laws;


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#### THE ASSAM GAZETTE, EXTRAORDINARY, MAY-U ^O K )

**Procedure** The procedure regarding construction of buildings and sub-division or transfer of

**to be** private Iand:-

**followed for**

**construction**

(1) Every person who intends to erect or re-erect or make material alteration

in any place in a building or part thereof, within the jurisdiction of

Guwahati Metropolitan Area, shall make an applicable in the form

prescribed for the purpose in the building bye-laws to the Chief

Executive Officer, Guwahati Metropolitan Development Authority, and

such application shall be accompanied by the plans and confonning to

the requirements mentioned in the building bye-laws in quadriplicate in

blue or white prints or computer generated prints.

(2) The form to be prescribed under sub-section (1) shall be of two parts

being the “Part-I” for Planning Permit and Part-II for construction of

“Building Permit”. The Planning Permit shall be issued by the Guwahati

Metropolitan Development Authority and Building Permit shall be

issued by the Guwahati Municipal Corporation, or other Urban Local

Bodies or Panchayats, as the case may be, within the Guwahati

Metropolitan Area.

(3) At first the applicant shall file application form to the Guwahati

Metropolitan Development Authority with requisite processing fee for

obtaining Planning Permit. The officials of Guwahati Metropolitan

Development Authority shall verify and examine the application

promptly with regard to the Planning and Zoning Regulations and

forward the Planning Permit with such modifications as may be

required, to the Guwahati Municipal Corporation or other Urban Local

Bodies or Panchayats as the case may be, with an intimation to the

applicant.

(4) The Guwahati Municipal Corporation or other Urban Local Bodies or

Panchayats, as the case may be, shall examine the proposal as per

provisions of the building bye-laws and other Acts and Rules for the

time being in force and if satisfied, issue the Building Permit on receipt

of such fees as prescribed in the building bye-laws.


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(6) The Guwahati Metropolitan Development Authority. Guwahati

Municipal Corporation or other Urban Local Bodies or Panchayat, as the

case may be, shall either grant or refuse to grant Planning Permit or

Building Permit as the ease may be with period as stipulate in the

building bye-laws. In the event of failure of the Authority to grant

Planning Permit or the Building Permit within the period stipulated in

the building bye-laws, then the 'erinits shall be deemed to have been

granted and the applicant may pre- ;ed for execution of the work with an

intimation to the Authorities con erned at least 10 (ten) days prior to

commencement of the work but not so as to contravene any of the

provisions of this Act or any rules or building bye-laws made under this

Act.

**Explanation:-**

Format of Application to erect or re-erect or make material alteration in a

building as required along with a checklist to ensure complete submission of

documents to faciliate early disposal of cases shall be filled up as provided in

the building bye-laws by the applicant.

(7) The following documents shall accompany the application;-

(i) Site Plan :- The site plan shall be drawn to a minimum scale as

prescribed in the building bye-laws and to be signed by the

applicant and the person preparing (he plan;

(a) the boundaries of the site with dimensions and of any contiguous

land belonging to the ownei:

(b) the position of the site in relation to neighboring streets with name

o<the street on which the building is situated;

(c) the position of the building and all other buildings (if any) which

the applicant intends o erect upon his land in relation to-

(ci) the boundaries of the site and in case where the site has been partitioned,

the boundaries of the portion owned by the applicant and also of the

portions owned by other owners of that compact plot;

(cii) the means of access from an existing street to the building;

(ciii) open space to be left around the building to secure free circulation of air,


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(v) plot area, plinth area, each floor area;

(vi) location, name and width of each adjacent road or lane:

(vii) such other particulars as may be prescribed in the building bye-laws.

(ii) Building Plan The detailed plans, used of the building and elevation

and sections sent with the application shall be accurately drawn to a

scale as prescribed in the building bye-laws and duly signed by the

applicant and the person preparing the building plan. Adequate

arrangement for proper drainage shall also be made. The plan shall

include,-

(a) complete layout plan of the area or areas showing location and width

of all streets dimensions, sizes and uses of all the plots;

(b) plans of all floors, accessory buildings and basement plan. Such

drawings shall fairly indicate the size of rooms, size of windows and

ventilators, size of door opening and stair runs;

(c) location of drains, sewers, public utility, electric lines, services,

transformers;

(d) exact location of essential services such as water closet, sink, bath

etc;

(e) proposed and existing works should be clearly indicated in different

colours (other than red) or in marking;

(f) sectional drawings showing clearly the sizes of footings thickness of

basement walls if any. all roof slabs and floor slabs, ceiling heights

and parapet height with their materials. The section shall indicate the

drainage and slope off the roof. At least one section shall be taken

through the staircase;

(g) details of served privies (if any);

(h) all street elevation;

(i) dimensions of the projected portions beyond the permissible building

line i.e. chajja line;

(j) scale with north line;

(k) the existing ground level of the plot and proposed ground level in

relation to abutting road level to be clearly mentioned in drawing;


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(m) detailed parking plan;

(n) space used for storing construction materials during the time of

construction;

(o) the owner shall file an undertaking stating that he shall leave and **Assam**

**Act No I**

surrender land for road widening, if required and he will not violate

**of 1973**

any provisions of this Act rules and building bye-laws made under **and**

**Assam**

this Act and that in case of any violations, the Authority shall be at **Act No**

**XX of**

liberty to summarily remove such deviations as per Guwahati **1987**

Municipal Corporation Act, 1971 and Guwahati Metropolitan

Development Authority Act, 1985.

(iii) Service Plan Details of private water supply, sewerage disposal

system and details of building services, where required by the Authority

shall be made available to a scale as provided in the building bye-laws.

(iv) Ownership D ocum entTitle document to justify the ownership of land.

In case land is not owned by the applicant, lease deed/sale deed/Power

of Attorney or a No Objection Certificate by the co-owners for allowing

applicant for construction, in the form of an affidavit.

(v) Every person who intends to subdivide or transfer any plot of land within

Guwahati Metropolitan Area shall make application to the Authority

obtaining permission for sub-devision or transfer of such plot of land.

Such application shall be accompanied by the plans and statements

together with a development fees as prescribed in the building bye-laws.

(vi) Application for alteration :- When the application is only for an alteration

of the building, only such plans and statements as may be necessary

shall accompany the application.

(vii) Repairs : - No such application as provided under section 5 shall be

deemed necessary for repairs in any existing building in accordance with

the Act.


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#### ASSAM GAZETTE, EXTRAORDINARY, MAY 12,2010 W37

**Building bye­** 16. Every building bye-laws and rules made under this Act shall be laid as

**laws and rules**

soon as may be after they are made, laid before the Assam Legislative

**to be laid**

**before the** Assembly, while it is in session for a total period of fourteen days

**State**

**Legislature** which may be comprised in one session or in two or more successive

sessions, and if, before the expiry of the session in which it is so laid

or the session immediately following, the Assam Legislative Assembly

agrees in making any modification in the rule, building bye-laws or

agrees that the building bye-laws or the rules should not be made, the

building bye-laws or the rules 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 the building bye-laws or

the rules.

**Repeal and saving**
17. (1) The relevant provisions of the Guwahati Metropolitan Development **Assam Act**

**No X X of**

Authority Act, 1985 and the Guwahati Municipal Corporation Act, **1987**

1971 along with all amendments up to date inconsistent with this Act **Assam Act**

**No I of**

shall stand repealed with effect from the date from which this Act **1973**

comes into force.

(2) The relevant sections of the Assam Town and Country Planning Act, **Assam Act**

**No I I of**

1959; the Assam Municipal Act, 1956 and the Assam Apartments **1963,**

(Construction and Transfer of Ownership) Act, 2006 along with their **Assam Act**

**No IV of**

amendments up-to-date and rules and regulations as made thereunder **1957, Assam**

**Act No X X I**

inconsistent with the provisions of this Act shall cease to operate **of 2007.**

within the Guwahati Metropolitan Area.

(3) Notwithstanding any repeal and making inoperative of the relevant

sections referred to in sub-sections(l) and (2) above, anything done or

purported to be done or any action taken under the provisions of the

said Acts or rules or regulations made thereunder, shall be deemed to

have been done or taken under the corresponding provisions of this

Act and all such rules or regulations shall, if not inconsistent with the

provisions of this Act continue to be in force till building bye-laws and

the rules are made under this Act.


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#### 1038

**Protection of** 19. (1) No suit, prosecution or other legal proceedings shall lie against any
**action taken in**

person for anything which is in good faith done or intended to be done

**good faith.**

in pursuance of this Act or rules or building bye-laws framed under

this Act or order made thereunder.

(2) Save as otherwise expressly provided in this Act, no suit or other legal

IO I proceeding shall lie against the Authority or the State Government for

Xl inf bitt' any damage caused or likely to be caused by anything in good faith

rfuu? n: 7In done or intended to be done in pursuance of this Act, rules or building

bye-laws framed under this Act or any order made thereunder.

ui9iq -I

#### MOHD. A. HAQUE,
 Secretary to the Govt, of Assam.
 Legislative Department, Dispur.

GUWAHAT1 - Printed and Published by the Dy. Director (P&S), Directorate of Ptg. and Sty., Assam, Guwahati-21

(Ex-Gazette) No. 269-500+600-12-5-2010.


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#### 1036_______ THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12,2010

(c) “Part Occupancy Certificate”:- Upon the request of the holder of the

Building Permit the Authority may issue a part occupancy certificate

for a building or part thereof before completion of the entire work as

        -

per Building Permit, provided sufficient precautionary measures are

taken by the holder of the Building Permit to ensure public safety and

health safety. The part occupancy certificate shall be given by the

Authority subject to the owner indemnifying the Authority as per the

proforma prescribed in the building bye-laws.

**Penalty for** 12. (i) Any person who contravenes any of the provisions of this Act or any

**violation**
requirements or obligation imposed on him by virtue of this Act, roles **Assam Act**

**No I of 1973**

or building bye-laws framed under this Act or who interferes with or **and Assam**

**Act No XX**

obstruct any person in the discharge of his duties in pursuance of this **of 1987**

Act, rules or building bye-laws shall be punishable as per the relevant **Assam Act**

**No X X I**

provisions of the Guwahati Municipal Corporation Act, 1971 or the **2007**

Guwahati Metropolitan Development Authority Act, 1985 or the

Assam Apartment (Construction and Transfer of Ownership) Act,

2006 and relevant Acts governing the local bodies.

(H) Notwithstanding the penalty referred to in sub-section (i) the Authority

shall be free to seal a building in the event of any violation of the used

and deviation from the approved plan or non-compliance of the

provision of this Act, Zoning Regulations and building bye-laws.

**Existing buildings** 13. Nothing in this Act shall require the removal, alteration or prevent the

continuance of use and occupancy of a building lawfully constructed

and not hazardous to the safety of life and property to the occupants or

neighbours.

**inspection during** 14. The Authority shall have the power to carry out inspection of the work

**construction**

at various stages to ascertain whether the work is proceeding as per the

provisions of the building bye laws and approved plans.

**Power to make** 15. (1) The State Government may make roles for carrying out the provisions

**rules**

of this Act.


-----

If during the construction of a building any departure from the

**Deviation** 6.
**during** sanctioned plan is intended to be made, prior approval of the Authority
**construction**

shall be obtained before any change is made.

**4**

**Withdrawal of** 7. The applicant may withdraw the application and plans any time prior to

**application**

its approval and such action shall terminate all proceedings with respect

to such application, but the fees paid shall in no case be refunded.

**Exemption to** 8. The Governments both Central and State except the Defence also

**Governments**

forward copies of their plans to the Authority complying with all the

provisions of the Act. Central and State Governments are exempted from

paying planning permit and Building Permit fees.

**Duration of** 9. The building permit once accorded shall remain valid up to two years.

**permit**

Subsequent renewal is permissible for another five years. Jf however the

building is not completed during this period, a fresh permit has to be

obtained. The applicant has to produce completion certificate within the

validity period of permission, failing which the permission shall be

deemed to be cancelled and the processing fees and the building permit

fee shall be forfeited.

**Intimation to** 10. The applicant upon commencement of his work under a Building Permit
**the Authority**

shall give notice to the Authority that he has started his work and the

**to start**

**construction** Authority shall cause inspection of the work within 14 days following

the receipt of the notice to verify' that the erection has been carried out in

accordance with the approved plans.

**Completion** 11. (a) “Completion Certificate”:- The owner through the registered architect,
**and** engineer, structural engineer, as the case may be, who has supervised

**Occupancy**
**Certificate** the construction, shall give notice to the Authority regarding

completion of work described in the Building Permission. The

completion certificate shall be submitted in the form as may be

prescribed in the building bye-laws in four sets of completion as built

plan.

(b) “Occupancy Certificate”:- Th Authority, on receipt of the completion

certificate, shall inspect the work and grant or refuse an occupancy

certificate within 21 days from the date of receipt of completion


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THE ASSAM GAZETTE. EXTRAORDINARY. MAY 12.2010. 1041

(h) "encroachment” means occupation of any road or part there of, and

si

includes, -

(i) the erection of a building or any other structure balconies .porches ,

chajjas or projections on over or overhanging the road land;

(ii) occupation of road land beyond the prescribed period, if any, by

               -

stacking building materials or goods of any other description, for

exhibiting articles for sale, by erecting poles, awnings, tents, pandals

and other similar erections or by parking vehicles or stabling

domestic animals or for any other purposes ;

(iii) excavations or embankments of any sort made or extended on any

road land ;

(i) “road” means any public thorough fare , whether a highway , Major

District Road, State Highway .Other District Road .village road, rural road,
X. . I                                  - !

street, lane, bridle path or a footpath, foot-track, whether surfaced or

unsurfaced, whether on land owned by State Government or local
authority or on land belonging to a private person over which the public

have, or have acquired a right of way by usage and includes,-

(i) the side slope, berm, borrow-pits, footpath, pavements and side

drains of any such thorough fare,

(ii) all bridges, culverts, causeways or other road structures, built on or

across such thoroughfares;

(iii) the trees, fences, posts and other road accessories and materials and

material stacks on the thoroughfare or on land attached to the

thoroughfares;

ii it

but does not include the national highways as defined under the Act

48 01

National Highways Act, 1956; 1956

O’) “Road Authority” means,-

(i) the Public Works Department of the Government of Assam

responsible for construction, maintenance, development and repair of

roads and bridges and any other authority specially appointed for the

purpose by the state Government on its behalf;

(ii) for roads maintained by local authority, the local authority or such

other authority as may be appointed for the purpose by the State

Government on its behalf;

(iii) for Roads not included in clauses (i) and (ii), the authority appointed

as such or, if no such appointment has been made, the State

Government itself;

(k) “road boundaries” means the boundaries of the road whether visibly

demarcated or not, within which the areas of land constituting the road is

contained, or land reserved or acquired for widening the road ;

(l) “limited access road" means a road, access to which is permitted only at

points specifically provided or agreed to for the purpose by the competent

road authority;

(m) “middle of a road" means in relation to any road for the improvement of

which plans have been prepared by the road authority, the middle of the

road as proposed to be improved in accordance with the plans, and


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1042 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 12.2010

(n) "permit’' means the written permission issued to any person by the Road

Authority or by any officer authorised by the Road Authority to issue

permission, under section 12;

(o) “prescribed” means prescribed by rules made under this Act;

(p) 'Public Works Department” means the Public Works Department of the

Government of Assam,

(q) "standard width of road” means the width of a road between its

boundaries as prescribed by the Road Authority;

(r) “State Government" means the Government of Assam;

(s) "survey" includes all operations incidental to the determination,

measurement and record of a boundary or boundaries or any part of a

boundary and includes a re-survey;

(t) “survey mark” means any mark or object erected, made, employed or

specified by a sutvey offi- er to indicate or to determine or to assist in

determining the position or level of any point or points;

(u) “survey officer” means any person appointed to be a Survey Officer under

this A ct;

(v) “vehicle" means, in case of mechanically propelled vehicle, a “Motor

Vehicle or “Vehicle” as defined in clause (28) of section 2 of the Motor Act

59 ol

Vehicle Act, 1988, and in case of any other wheeled vehicle or 1988

conveyance drawn, propelled or driven by human being or animals and

shall also include any barrow, sledge, plough, drag or like vehicles;

Powers and 3. The concern Road Authority shall exercise and discharge throughout its
Functions

junsdiction powers and functions specified under the provisions of this Act

Development 4. (1) The Road Authority or any officer authorised by such authority may under
and take a reconnaissance survey in connection with the preparation of a road or
Maintenance bridge scheme and may for this purposes, -
of Roads and (a) enter upon any land along with his workmen and survey and take
Bridges measurement and levels on it;

(b) mark such levels, dig or bore into the sub-soil and do all other acts

necessary to ascertain whether the land is suitable;

(c) set out the boundaries of the proposed road by placing marks and cutting

trenches; and

(d) where otherwise survey cannot be completed and the levels taken and

the boundaries marked, cut down and clear any part of a standing crop,

fence of jungle.

(2) The Road Authority or the authorised official shall, at the time of such entry

pay or tender payment for ali necessary damage to be done as aforesaid,

and in case of dispute as to the sufficiency of the amount so paid or tendered

shall at once refer the dispute to the decision of the Collector or other Chief

Revenue Officer of the District, and such decision shall be final.

Preparation 5. (1) The Road Authority may of its own accord or if expressly requested by the
of schemes competent authority shall subject to the provisions of this Act and subject to


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THE ASSAM GAZETTE, EXTRAORDINARY MAY 12.2010 1043

such rules as may be framed by the State Government, for this purpose,

prepare and submit to the competent authority for sanction, a detail scheme

for the construction of a new road or Bridge or the Improvement of or repairs

to an existing one.

(2) Such a scheme may provide for, -

(a) the acquisition of any land, which in the opinion of the Public Works

Department is considered necessary for its execution;

(b) the laying out or relaying out of all or any of the land so acquired;

(c) the diversion or closure of any existing road or a section of such road;

(d) the construction or reconstruction of roadway including its widening,

levelling, surfacing, sewering, draining, water supply and street-lighting

arrangements and painting of road side trees;

(e) the laying of footpath, cycle tracks and special traffic lanes for any kind or

class of vehicles, designing and setting of parking bays and petrol filling

and service stations, location of advertisement posts and bill boards; and

(f) the layout of access roads at suitable distances connecting the road or

the proposed road with adjoining properties.

Demarcation 6. (1) The Road Authority shall have the boundaries of the roads In its charge
of road demarcated with reference tc the authoritative plans maintained by it by
boundaries planting stones or other suitaole marks of a durable nature at intervals all

along the road in such a manner that imaginary line joining such stones or

marks shows the road boundary correctly.

(2) Where there are bends or kinks in the road boundary, the stones or marks

shall be so located to give the correct configuration of the boundary, if they

are joined by straight line.

(3) The boundary stones or marks, which may be given consecutive numbers

shall be maintained on the ground as if they constitute part of the road

(4) Where standard widths have been prescribed for any road under Section 8,

the distance between the road boundaries so demarcated shall correspond to

that width.

Annual Check

7. (1) It shall be the duty of Road Authority to conduct an annual check of the

of the road

boundaries of roads in its charge with a view to the location of unauthorised

boundaries.

encroachments, if any.

(2) When the Road Authority is satisfied that an unauthorised encroachment has

been made on roadway land, it shall take immediate steps as specified under

Section 13 for removal thereof.

Prevention of
ribbon 8. Standard width of different classes of roads.
development

One of the most effective method of ensuring that ribbon development does not

along, and control
of access to roads take place is to acquire a liberal Right of way at the initial stage for which the

standard as laid down in Schedule - 1 shall be followed.

Prescription of 9. In order to prevent overcrowding and preserve sufficient space for future road
building and

improvements, the minimum standards as laid down in Schedule-ll shall be

Control lines.

followed for building lines and control lines. Building lines express the limits

beyond which only any building activity may be permitted. Beyond building

lines there shall be the control lines beyond which only unrestrained building

activity may be permitted.


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1044 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 12.2010

10. Not withstanding anything co.itained in any other law for the time being in

Restriction of

force, it shall be unlawful for any person except the Road Authority or any

building etc in
the area person working on behalf of the Road Authority,-
between the (a) to construct or layout any means of access to or from a road;
road and the (b) to erect or re-erect any building or materially alter the outside appearance
building Line. of any existing building;

(c) to make any excavation; or

(d) to construct form or layout any works:

Provided that this restriction shall not apply to any works necessary

for repair, renewal enlargement or maintenance of any sewer, drain, electric

lines pipe duct or other apparatus, constructed in or upon the land before the

date on which the restrictions come into force or with the consent of the Road

Authority.

Restricts,. on 11. (1) Not withstanding anything contained in any law for the time being in force, no
buildings etc. person shall erect or re-erect any building or structure or make or extend any
between the

excavation or construct form or layout any means of access to a road upon

building lines

land laying in between the building lines and control lines determined in

and the control

respect of the road, except with the previous permission of the Road

lines.

Authority in writing.

(2) Every person desires of obtaining permission referred to in sub-section (1)

shall make an application in writing to the Road Authority in the form

prescribed in this behalf to be made available in the concerned office of the

Road Authority containing such information in respect of the building,
excavation or means of access to which the application relates together with

a fee of Rs. 5000/- payable in favour of the Road Authority in such manner as

may be prescribed.

(3) On receipt of such application the Road Authority, after making such enquires

as it may consider necessary, shall by order in writing, either -

(a) grant the permission, subject to such reasonable conditions, if any, as

may be specified in the order; or

(b) refuse to grant such permission.

(4) The Road Authority shall not ordinarily refuse the permission to, -

(a) the erection of a building or structure or the making of or extending an

excavation which conforms to the requirements of public health, welfare,

safety and convenience of traffic on the adjoining road; or

(b) the re-erection of a building or structure which was in existence on the

date on which the restrictions under sub-section (1) came into force,

unless such re-erection involved any material alteration to the outside

appearance of the building or structure.

(c) the erection of any building or structure which conforms to the Master

Plan, published by the competent authority for the time being in force.

(5) When the Road Authority refuse the permission, the reasons there of shall

be recorded and communicated to the applicant.

(6) In the event of the refusal, the applicant may submit fresh application for

permission to the Road Authority, avoiding the objectionable features on


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THE ASSAM GAZETTE. EXTRAORDINARY, MAY 12,2010 1045

applicant shall be considered by the Road Authority as if it was made for

the first time.

(7) The Road Authority shall maintain a register with sufficient particulars of all

permission given or refusec by it under the section and the register shall be

available for inspection free of charge by all persons interested and such

persons shall be entitled to take extracts there from

(8) Any person aggrieved by an order under sub-section (3) in granting

permission subject to conditions or refusing permission to him, may within

90 days from the date of such order, prefer an appeal before the State

Government whose order thereon shall be final.

12. (1) All lands forming parts of a road shall be deemed to be Government land

Prevention of

and be deemed to be the State Government property.

unauthorised

(2) No person shall occupy any road land without obtaining the prior permission

occupation of
road land and in writing of the Road Authority or any officer authorised by such authority
removal of on its behalf.
encroachments (3) Road Authority or the authorised officer may, with due regard to the safety

and convenience of traffic and subject to such conditions as may be

imposed and subject to such rules and on payment of such rent or other

charges as may be prescribed, permit any person, -

(i) to place movable encroachment on any road in front of any building

owned by him or makes a movable structure overhanging the road;

(ii) to put up a temporary awning or tent, pendal or other similar erections

or a temporary stall or scaffolding on any road; or

(iii) to deposit or cause to be deposited building materials, goods for sale or

other articles on any road ;

(iv) to make temporary excavation, for carrying out any repairs or

improvements to adjoining buildings:

Provided that no such permission shall be deemed to be valid

beyond a period of six months unless expressly renewed by the Road

Authority or the authorised officer.

(4) The permission so granted shall clearly specify the date up to which the

person is authorised to occupy the road land, the purpose for which

occupation is authorised and the exact portion of the land permitted to be

occupied and shall also be accompanied by a plan or sketch of that portion

of the road, if necessary.

(5) The person in whose favour such permission has been given shall produce

the permit for inspection whenever called upon to do so by any official of

the concerned Road Authority and shall at the end of the period prescribed

in the permit, release the land occupied by him after restoring it to the same

state as it was before occupation by him.

(6) The Road Authority or the authorised officer issuing the permission shall

maintain a complete record of all such permissions issued and shall also

cause a checkup to be made in every case at the expiration of period up to

which occupation has been authorised to ensure that the land has been

vacated.


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1046 THE ASSAM GAZETTE. EXTRAORDINAT ' MAY 12,2010

13 (1) When, as a result of the annual check of road boundaries made, it

Removal of

transpires that an enc< jachment has taken place on road land, any officer

encroachments.

authorised in this behalf shall serve a notice in the person responsible for

the encroachment or his representative requiring him to remove such

encroachment and restore the land to its original condition as it was

before such encroachment within the period specified in the notice.

(2) The notice shall specify the road land encroached upon and time limit

within which such encroachment shall be removed and shall also state

that the failure to comply the order as specified in the notice within the

specified period shall render the person liable to prosecution and also to

summary eviction.

(3) If the encroachment is not removed by the person or his representative

within the time limit specified in the notice and no valid cause is shown by

him for non compliance, the concerned Road Authority or the authorised

official may prosecute him before the appropriate Magistrate for his

having made or caused the encroachment and for his failure to remove it

within the specified period

(4) Where the encroachment is petty or of trivial nature, e.g. exposing articles

for sale, opening temporary booths for vending etc. the Read Authority or

the authorised official may, with the help of the police, if necessary, get it

summarily removed without the formality of issuing a notice as required

under sub-section (1).

(5) When the encroachment is of a temporary nature and easily be removed

but it is not such as can ba described as petty or trivial within the meaning

indicated in sub-section the Road Authority or the authorised official

may, in addition to or in lieu of prosecuting the person responsible for the

encroachment under sub-section (2), get the encroachment summarily

removed, with the assistance of police, if necessary.

14. Whoever contravenes any provision of sections 3 to 13 of this Act or any

General

rules made thereunder shall, if no penalty is provided for the offence, be

provision for
punishment. punished with fine, which may extend to five thousand rupees or if having

been previously convicted of any offence under this Act with fine which

may extend to ten thousand rupees

15. Whoever wilfully disobeys any direction lawfully given by any person or

Disobedience of

authority empowered under this Act to give such direction or obstructs

orders, obstruction
and refusal of any functions that such person or authority is required or empowered
supplying under this Act to discharge or being required by or under this Act to
information. supply any information which he fails or supplies any information, which

he knows to be false or which he does not believe to be true shall, if no

penalty is provided for the offence, be punished with fine which may

extend to ten thousand rupees.

Penalty for 16. Whoever constructs or lays out any means of access, erects or re-erects
contravention of

any building or structure in contravention of section 10,11,12 and 13 he

restrictions

shall be punished, -


-----

THE ASSAM GAZETTE, EXTRAORDINARY. MAY 12.2010 1045

applicant shall be considered by the Road Authority as if it was made for

the first time.

(7) The Road Authority shall maintain a register with sufficient particulars of all

permission given or refused by it under the section and the register shall be

available for inspection free of charge by all persons interested and such

persons shall be entitled to t.ake extracts there from.

(8) Any person aggrieved by an order under sub-section (3) in granting

permission subject to conditions or refusing permission to him, may within

90 days from the date of such order, prefer an appeal before the State

Government whose order thereon shall be final.

12. (1) All lands forming parts of a road shall be deemed to be Government land

Prevention of

and be deemed to be the State Government property.

unauthorised
occupation of (2) No person shall occupy any road land without obtaining the prior permission
road land and in writing of the Road Authority or any officer authorised by such authority
removal of on its behalf.
encroachments (3) Road Authority or the authorised officer may, with due regard to the safety

and convenience of traffic and subject to such conditions as may be

imposed and subjec[4] to such rules and on payment of such rent or other

charges as may be prescribed, permit any person, -

(i) to place movable encroachment on any road in front of any building

owned by him or makes a movable structure overhanging the road;

(ii) to put up a temporary awning or tent, pendal or other similar erections

or a temporary stall or scaffolding on any road; or

(iii) to deposit or cause to be deposited building materials, goods for sale or

other articles on any road ,

(iv) to make temporary excavation, for carrying out any repairs or

improvements to adjoining buildings:

Provided that no such permission shall be deemed to be valid

beyond a period of six months unless expressly renewed by the Road

Authority or the authorised officer.

(4) The permission so granted shall clearly specify the date up to which the

person is authorised to occupy the road land, the purpose for which

occupation is authorised and the exact portion of the land permitted to be

occupied and shall also be accompanied by a plan or sketch of that portion

of the road, if necessary.

(5) The person in whose favour such permission has been given shall produce

the permit for inspection whenever called upon to do so by any official of

the concerned Road Authority and shall at the end of the period prescribed

in the permit, release the land occupied by him after restoring it to the same

state as it was before occupation by him.

(6) The Road Authority or the authorised officer issuing the permission shall

maintain a complete record of all such permissions issued and shall also

cause a checkup to be made in every case at the expiration of period up to

which occupation has been authorised to ensure that the land has been

vacated.


-----

1046 THE ASSAM GAZETTE, EXTRAORDINARY. MAY 12.2010

13 (1) When, as a result of the annual check of road boundaries made, it

Removal of

transpires that an encroachment has taken place on road land, any officer

encroachments.

authorised in this behalf shall serve a notice in the person responsible for

the encroachment or his representative requiring him to remove such

encroachment and restore the land to its original condition as it was

before such encroachment within the period specified in the notice.

(2) The notice shall specify the road land encroached upon and time limit

within which such encroachment shall be removed and shall also state

that the failure to comply the order as specified in the notice within the

specified period shall render the person liable to prosecution and also to

summary eviction.

(3) If the encroachment is not removed by the person or his representative

within the time limit specified in the notice and no valid cause is shown by

him for non compliance, the concerned Road Authority or the authorised

official may prosecute him before the appropriate Magistrate for his

having made or caused the encroachment and for his failure to remove it

within the specified period.

(4) Where the encroachment is petty or of trivial nature, e.g. exposing articles

for sale, opening temporary booths for vending etc. the Road Authority or

the authonsed official may, with the help of the police, if necessary, get it

summarily removed without the formality of issuing a notice as required

under sub-section (1).

(5) When the encroachment is of a temporary nature and easily be removed

but it is not such as can be described as petty or trivial within the meaning

indicated in sub-section (<'■), the Road Authority or the authorised official

may, in addition to or in lieu of prosecuting the person responsible for the

encroachment under sub-section (2), get the encroachment summarily

removed, with the assistance of police, if necessary.

14. Whoever contravenes any provision of sections 3 to 13 of this Act or any

General

rules made thereunder shall, if no penalty is provided for the offence, be

provision for
punishment. punished with fine, which may extend to five thousand rupees or if having

been previously convicted of any offence under this Act with fine which

may extend to ten thousand rupees.

15. Whoever wilfully disobeys any direction lawfully given by any person or

Disobedience of

authority empowered under this Act to give such direction or obstructs

orders, obstruction
and refusal of any functions that such person or authority is required or empowered
supplying under this Act to discharge or being required by or under this Act to
information. supply any information which he fails or supplies any information, which

he knows to be false or which he does not believe to be true shall, if no

penalty is provided for the offence, be punished with fine which may

extend to ten thousand rupees.

Penalty for 16. Whoever constructs or lays out any means of access, erects or re-erects
contravention of

any building or structure in contravention of section 10,11,12 and 13 he

restrictions

shall be punished, -


-----

— THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12.2010________1047

(b) with further fine which nany extend to one thousand rupees for each

day after the first day curing which the offending means of access or

structure or work is not removed, demolished or cleared and the site

3 ,rit rnsa not restored to its original condition.

17. Whoever occupies or makes any encroachment on any road land in

Penalty for

contravention of section 12 or fails to comply with the notice served on him

unauthorised
occupation of under section 12 for no valid reason, he shall, on conviction be liable to

road land. pay. -

(a) a fine which may extend to five thousand rupees for the first offence;

(b) with further fine which may extend to five hundred rupees for each

day during which the offending means of access or structure or work

is not removed, demolished or cleared and the site not restored to its

original position.

Penalty for causing 18. Whoever in contravention of section 8 wilfully causes or allows any vehicle

damage to roads. or animal in his charge to cause any damage to any road, he shall be

punished with fine which may extend to ten thousand rupees

Power to 19. The Road Authority may either before or after the institution of the

compound proceedings, compound an offence committed under this Act or any rules
offences framed thereunder

Power to arrest 20. (1) A police officer in uniform or other authority authorised in this behalf by

without warrant. the State Government may arrest without warrant, -

(a) any person who being required under the provisions of this Act to give

his name and address, refuses to do so, or gives a name or address

which the police officer or other authority has reasons to believe to be

false; or

(b) any person concerned in an offence under this Act or reasonably

suspected to have been so concerned, if the police officer or other

authority has reason to believe that he will abscond or otherwise

avoid the service of summons.

(2) Police officer or other authority arresting without warrant the driver of a

vehicle or animal shall, if the circumstances so require, take or cause to

be taken any steps he may consider proper for the temporary disposal of

the vehicle or animal.

Summary 21. (1) A court taking cognizance of an offence under this Act by issuing
disposal of summons to be served on the accused person order that he -

cases. (a) may appear by pleader or in person; or

(b) may, by a specified date, prior to the hearing of the charge plead

guilty to the charge by registered letter and remit to the court such

sum as the court may specify.

(2) Where an accused person pleads guilty and remits the sum specified no

further proceedings in respect of the offence shall be taken against him.


-----

1048 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12,2010

22 (1) The State Government may, by notification in the official Gazette, make

Power to make
rules. rules for carrying out the provisions of this Act.

(2) All rules made by the State Government under this Act shall, as soon as

may be after they are made, be laid before the Assam Legislative

Assembly while it is in session, for a total period of not less than

fourteen days which may be comprised in one session or two or more

successive sessions, and shall unless some later date is appointed take

effect from the date of their publication in the official Gazette subject to

such modification or annulments as the Legislative Assembly may,

during the said period agree to make, so however, that any such

modification or annulment shall be without prejudice to the validity of

anything previously done thereunder.

Assam

Repeal and 23 (1) The Assam Highways Act, 1989 is hereby repealed A c [-]

Nojcvm

saving.

of 1995
' :ws '. r»o n is-, Tori'*

(2) Not withstanding such repeal, anything done, any action taken, any

order, rule, notification made in pursuance of any of the provisions of

the said Act shall be deemed to have been done, taken or made under

the corresponding provisions of this Act.

Schedule - 1

(See Section - 8)

Standard widths of Different classes of Roads

Land width in metres

Plain and rolling Country Mountaineous and steep terrain.

Rural Areas Urban Areas Rural Areas Urban Areas

Class of Roads

Normal Range Normal Range Normal Exceptional Normal Exceptional

1. National and 45 *30-60 30 30-60 24 18 20 18

State Highways,

2. Major District 25 25-30 20 *15-25 18 15 15 12

Road.

3. Other District 15 15-25 15 15-20 15 12 12 9

Road.

4.Village Road 12 12-18 10 10-15 9 9 9 9

N ; B                - Range considered less than Normal in exceptional cases.


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THE ASSAM GAZETTE, EXTRAORDINARY. MAY 12,2010 1049

Schedule - II

(See Section -9)

Standard for Building Lines and Control Lines

Plain and rolling Terrain Mountainous and steep terrain Distance

between Building Line and Road Boundary.

Rural Areas Master Plan Rural Areas Urban Areas

Areas / Urban

Areas &

Class of Road Industrial Areas

Width Width Distance t ormal Exceptional Normal Exceptional

between between between Building (- (in metre) (in (in metre)

Building control lines and rr> ;tre) metre)

Lines lines (in Boundary

(In Metre) Metre) (in metre)

1 National and 60 150 3-6 5 3 5 3

State

Highways.
2. Major District 50 100 3 5 3 5 3

Road.

3. Other District 25/30 35 2.50 5 3 5 3

Road.

4 Village Road 25 30 5 3 5 3
                                                       -

**MOHD. A. HAQUE,**

Secretary to the Govt, of Assam,

Legislative Department, Dispur.

GUW AHATI - Printed and Published by the Dy. Director (P&Si"

(Ex-Gazette) No. 271-5004-600-12-5-2010. Directorate o f Ptg. and Sty., Assam, Guwahati-21


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