The Guwahati Metropolitan Development Authority (Amendment) Act, 2006

Registered No. 768/97
THE ASSAM GAZETTE
w rw r
EXTRA ORDINARY
W  WT
___________ 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
Short title, extent 
and commencement.
Amendment o f 
section 5.
Whereas it is expedient further to amend the Guwahati Metropolitan 
Development Authority Act, 1985, hereinafter referred to as the principal Act, in  
the manner hereinafter appearing.
Assam 
Act No.
XX of
1987.
It is hereby enacted in the Fifty-seventh Year o f the Republic o f India as 
follows
1.(1) This A ct may be called the Guwahati Metropolitan Development Authority 
(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 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.”
 
1314 TH EA SgA R.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) o f 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 ) o f section 5” shall be inserted. .
Insertion 
of a 
new section 
34A '
“Punishment 
for violation 
of the 
provisions 
of the Act, 
rules and 
bye-laws
Amendment 
of 
section 44.
Amendment of
section 88.
“Power to 
seal 
unauthorized 
construction
3. In the principal Act, after existing section 34., the following new section
34A shall be inserted, namely: -
34.A (I) If atty Officer or Authority including the Appellate Authority or 
any agency under this Act issues permission for construction 
of building In contravention o f the provision of 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.
(2) If any builder or promoter or owner erects or constructs or 
occupies any building in contravention o f the provision o f 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.”
4. tn the principal Act, in section 44, the existing provision shall be 
renumbered as section 44(1) and after sub-section (1) so renumbered 
the following sub-section. (2) shall be inserted, namely: -
“(2) No building permission for construction o f a building whose height 
is 15 meters or more from average level o f 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.”
5. In principal Act, in section 88, after sub-section (3), the following new
sub-section (4) shall be inserted, namely :-
4. (a) It shall be lawful for the Chief Executive Officer, Guwahati 
Metropolitan Development Authority, at any time, before or after 
making an order of demolition under section 88 read with section 25 
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 A d, 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 o f demolishing such erection or work in accordance with the 
provision o f 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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