The Gauhati Municipal Corporation (Second Amendment) Act, 2006

Registered No. 768/97
vSppi W T 3
THE ASSAM GAZETTE
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EXTRA ORDINARY 
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PUBLISHED BY AUTHORITY
190 1¥f^pr, C W W , 21 2006 , 30 * T K 3 CT , 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) M o. 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.

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