The Gauhati Municipal Corporation (Second Amendment) Act, 2006
###### Registered No. 768/97

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## THE ASSAM GAZETTE

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##### EXTRA ORDINARY

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 PUBLISHED BY AUTHORITY

 190 1¥f^pr, CW 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, 1. (1) This Act may be called the Guwahati Municipal

extent Corporation (Second Amendment) Act, 2006.

and

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

ment

(3) It shall come into force at once.

Insertion in 2. In the principal Act, in section 3, after clause _(22), the_

section 3 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

Amendment 3. In the principal Act., in section 174, in sub-section (2), after

of section 174 clause (b), the foilowing new clause shall be inserted, namely


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###### 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 4. In the principal Act, in section 331, after sub-section (2), a

sub-section in new sub-section (3) shaft be inserted, namely

section 33 i

“(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

                                      - n which the building is proposed to be constructed, is

less than 4 Kathas,”

Insertion of 5. In the principal Act, after section 337, the following shall be
new section inserted as section 337A, namely :-

“ Power to seal 337A. (1 )It shall be lawful for the Commissioner, at any time, before or

unauthorised after making an order of demolition under section 335 and

erection 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 _of 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 6. In the principal Act, after existing section 417, the following
new section new section shall be inserted, namely

417A (i) If any Officer or Authority including the Appellate

                  - Punishment for Authority or any agency under this Act issues permission
violation of the for construction of building in contravention of the
provisions of the provisions of this Act and the rules and bye-laws made

Act, rules or thereunder, he shall, be liable to be punished with

bye-laws 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 of 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 425A. The Government may give such directions to the

Government to give Corporation on questions of policy as it may consider it to be

directions necessary in the public interest, in writing and the Corporation

shall, be-bound by such directions.” - - -


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###### THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 21, 2006 1325

Insertion of section 445 8. In the principal Act, after existing section 444, the

###### following new .section shall be inserted, namely

“Continuance of the 445. Notwithstanding anything contained in the Guwahati Assam Act

functions of the existing Municipal Corporation (Amendment) Act, 2006 (hereinafter 1V of 2006.

Mayor, Deputy Mayor called the said Act), the existing Mayor, Deputy Mayor and

and Councillors for a Councillors shall continue to hold office and function under

certain period.

###### 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, of 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.


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