The Gauhati Municipal Corporation Act, 1969

ASSAM ACT I OF 1973
"“deceived the assent of the President on the 1st January, 1973)
THE GAUHATI MUNICIPAL CORPORATION 
ACT, 1969
[Published in the Assam Gazette,  Extraordinary, dated the 18th January, 
1973]
Arrangement of Sections
PART I
P relim in ary
Sections
1 Short title, application and commencement.
2 Repeal of enactments- and savings.
3 Definitions.
PART II
CHAPTER II
* Municipal Authorities.
5 Constitution of the Corporation.
6 General powers of the Corporation.
7 Matters to be provided by Corporation.
8 Discretionary functions of the Corporation.
9 Standing Committees and Commissioner to give effect to resolutions 
of Corporation,
10 Power of Corporation to call for extracts of proceedings, etc.
11 Power of Corporation and Standing Committee for requisition of
Commissioner’s records.
12 Appointment of Joint Committees.
13 Duties and powers of individual Councillor.

2
Mayor and Deputy Mayor
Sections
14 Mayor, Deputy Mayor or Councillor uot to receive remuneration.
15 Election of Mayor and Deputy Mayor and Chairman.
16 Resignation of Mayor.
17 Prerogatives of Mayor.
18 Functions of Mayor.
19 Functions of Deputy Mayor.
The Standing Committees
20 Constitution of Standing Committees.
21 Election of Standing Committees.
22 Function of Standing Committees.
23 Special powers of Standing Finance Committee.
24 Constitution of references to Standing Committee.
*
25 Delegation of powers to Commissioner by Standing Committee.
26 Election of Chairman and Deputy Chairman.
27 Term of Chairman and Deputy Chairman.
28 Resignation of Deputy Chairman and members of Standing
Committee.
The Commissioner t
29 Appointment of Commissioner.
30 Power and function of the first Commissioner.
31 Salary and allowances of Commissioner.
32 Leave of Commissioner.
33 Appointment of officiating Commissioner in case of death, resignation
or removal.
34 Power of Commissioner.
35 Emergency power of the Commissioner.

3
?ection f
36 Custodian of records.
37 Delegation of Commissioner’s ordinary power.
38 Powers of Commissioner exercisable with the approval uf standing
Committee.
39 Reservation of control in respect of power delegated.
40 Delegation of Commissioner’s emergency powers.
Administration Report
41 Submission of annual administration report to Government.
CHAPTER III
Election of Councillors
42 Declaration of local areas as Gauhati city.
43 Delimitation of wards,
44 Power to alter or amend delimitation orders.
48 Election of Councillors.
46 Qualification for Gouncillorship.
47 Disqualification for Councillorship of Corporation.
48 Disabilities from continuing as Councillor.
49 Right to vote and method of voting.
50 General elections of Councillors.
51 Notification for election of Councillors.
52 Vacancy in the office of Councillor.
53 Procedure if election fails or is set aside.
54 Procedure on failure of election in case of equality o' vou s
55 Term  of office of Councillor.
56 Publication of results of election,
57 O ath or affirmation by Councillors,
58 Rosi nation ©f Councillor,

4
Trial o f Election Petitions —
Sections
59 Definitions.
60 Election petitions.
61 Appointment of District Judge.
62 Grounds for declaring elections to be void.
63 Decision of the District Judge.
64 Appeals from the orders of District Judge.,
65 Execution of orders as to costs.
66 Maintenance of secrecy of voting.
CHAPTER IV
M unicipal Officers and Staff
67 Appointment of officers of the Corporation.
68 Powers and duties of Municipal Secretary.
69 Schedule of posts.
70 Persons not included in the Schedule not to be appointed.
71 Authority empowered to make appointment.
72 Appointments to be made on the recommendation of the Municipal
Service. Commission.
73 Constitution of Municipal Service Commission.
74 Powers of Standing Finance Committee to make regulations.
75 Punishment of Municipal officer or staff.
CHAPTER V
Conduct of Business, Transaction of Business by the Corporation  
and Standing Com m ittee
76 Meetings.
77 First meeting after general election.
78 Notice of meeting and business.
79 Vote o f m ajority decisive.
 
5
Settitnj
80 Presiding Officer at meeting.
81 Presiding Officer at meeting for election of Mayor.
82 Provisions as to Councillors having pecuniary interest in any
contract, etc., with Corporation.
83 Meeting to be ordinarily open to public.
84 Quorum.
85 Power of Corporation to make rules.
86 Special Committees and other Committees.
87 Provisions relating to Special Committees.
88 Presiding Officers at meetings of the Standing Committees.
89 Conduct of business at meetings of Standing Committees.
90 Sub-Committees of Standing Committees.
Minutes and Reports of Proceedings
91 Keeping of minutes and proceedings.
92 Forwarding of minutes and report of proceedings to State Govern­
ment.
93 Validation of acts and proceedings.
Works and Contracts
94 Execution of works.
95 Power of Commissioner to sanction estimates not exceeding Rupees
five thousand and fifty thousand.
96 Estimate exceeding Rupees fifty thousand.
97 Certain provisions relating to execution of contracts.
98 Manner of execution.
99 Tender.
100 Security for performance of contract.

CHAPTER VI
Municipal Property and Liability
Stttioiu
101 Acquisition of property.
102 Acquisition of immovable property by agreement.
103 Procedure when immovable property cannot be acquired by
agreement.
104 Provisions governing disposal of Municipal property.
105 Decision on claims to property by or against Corporation.
106 Property vested in Corporation.
18? Map of immovable property.
108 Resumption by Government.
109 Management of public institutions.
PART III
CHAPTER VII
Finance
The Municipal Fund
110 Municipal Fund.
111 Receipt of moneys and deposit in Bank.
112 Application of Municipal Fund.
113 Drawal of the Municipal Fund.
114 Restrictions on expenditure from Municipal Fund.
115 Procedure when money not covered by budget grant is expended.
116 Payments from the Municipal Funds for works urgently required
for the public service.
117 Investment of surplus money.
118 Constitution of special funds,

1
CHAPTER VIII
Budget Estimates
Sections
119 Estimates of expenditure and income to be prepared annually 
by the Commissioner.
120 Framing of budget estimates.
121 Power of Corporation to alter budget grants.
122 Power of Corporation to re-adjust income and expenditure
during the year.
123 Provision as to unexpended budget grants.
CHAPTER IX
Borrowing
124 Power of Corporation to borrow.
125 Form and effect of debentures.
126 Payment to survivors of joint payees.
127 Receipt by joint holders for interest or dividend.
128 Maintenance and investment of sinking fund.
129 Application of sinking funds.
130 Annual statement by Commissioner.
181 Power of Corporation to consolidate loans.
182 Priority of payments for interest and repaym ent of loans over 
other payments.
133 Attachment of Municipal Fund for recovery of money borrowed.
CHAPTER X
Audit and Accounts
154 Accounts to be kept in a form approved by Standing 
Committee.
115 Transmission of accounts to Government.
136 Annual administration report and statement of accounts by 
Corporation.

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Sections
137 Monthly abstract accounts.
138 Audit of accounts.
139 Commissioner to .submit accounts to Auditors.
140 Powers of auditors to require production of documents.
141 Municipal authorities to remedy defects and report to
Government.
142 Examiner to surcharge or charge illegal payment or loss
caused by gross negligence, misconduct, etc.
143 Special audit at the direction of Government.
PART IV
CHAPTER XI
Taxation
K - V
144 Taxes to be imposed under this Act.
145 Levy of surcharge on tax.
146 Procedure in levying tax, etc.
CHAPTER XII
The Property Taxes £
147 Components and rates of property tax. >
148 Exemption from general property tax.
149 Water tax and scavenging tax. /
150 Determination of rateable value of lands and buildings 
assessable to property taxes.
151 Chaige by measurement in lieu of w ater tax in certain cases.

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Sections—
152 Special rates of scavenging charge in certain cases.
153 Incidence of property taxes.
154 Recovery of property taxes from occupiers.
155 Property taxes a first charge on premises on which they are 
assessed.
156 Assessment list.
157^ Evidential value of ^assessment list.
158 Amendment of assessment list.
159 Preparation of new assessment list.
»  160 Notice of transfer.
161 Notice of erection of building.
162 Notice of demolition or removal of building.
163 Power of Commissioner to call for information and returns
and to enter and inspect premises.
164 Premises owned by or let to two or more persons in severally
to be ordinarily assessed as one property.
165 Assessment in case of amalgamation of premises.
166 Employment of valuers.
CHAPTER X III
*
4#
T a x  on  v e h ic le s, b o a ts and a n im a ls
167 Tax on certain vehicles, boats and animals.
168 The tax on whom leviable.
169 Tax when payable.
170 Power of Commissioner to compound with livery stable keeper
etc., for tax.
CHAPTER XIV
T a x  on  th ea tre etc.
171 Theatre tax.
172 Liability to pay theatre tax.

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CHAPTER XV
Tax on advertisement other than advertisement published  
in the newspapers
Srctions—
173 Tax on advertisement.
174 Prohibition of advertisements without permission of the
Commissioner.
175 Permission of the Commissioner to become void in certain cases.
176 Presumption in case of contravention.
e
177 Power of Commissioner in case of contravention.
CHAPTER XVI
Duty on transfer of property
178 Duty on transfers of property and method of assessment thereof.
179 Provisions applicable on the introduction of transfer duty,
CHAPTER X V II
Tax on Professions, Trade* and Callings
180 License to be taken out annually.
CHAPTER X V III
Octroi O
181 Octroi on goods carried by railway, load or water.
182 Recovery of octroi.
183 Power to make rules.
CHAPTER XIX
Land revenue. Local rates, Urban Property Tax, Taxes on Entertain­
ment and Betting and Tax on Motor Vehicles collected  
within the lim its o f C ity o f Gauhati
184 State Government to pay proceeds of land revenue.,

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Sections—
CHAPTER X X
P aym ent and R ecovery o f ta x es
185 Time and manner of payment of taxes.
186 Presentation of bill.
187 Notice of demand and notice fee.
*
188 Penalty in the case of default of payment of tax.
189 Recovery of tax.
190 Power to break open door or window.
191 Warrant of distress,
192 Sale of goods distrained in special cases.
193 Sale outside the city.
194 Summary proceedings may be taken against persons about to
leave city.
195 Power to institute suit for recovery.
196 Power of seizure of vehicles and animals in case of non-payment 
of tax thereon.
197 Occupiers may be required to pay rent towards satisfaction of 
property taxes.
198 Recovery of tolls and octroi.
199 Writing off irrecoverable taxes.
200 Receipts to be given for all payments.
201 Demolition, etc., of building.
202 Remission or refund of tax on unoccupied immovable 
property.
203 Power to reduce or remit taxes.
204 Appeal against assessment, etc.
205 Conditions of rights to appeal.
206 Finality of appellate orders.

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CHAPTER XXI
M iscellan eou s P rovision s relating to  T axation
Sections—
207 Power to inspect for purposes of determining rateable value af taxes.
208 Composition.
209 Obligation to disclose liability.
210 Deduction of profession tax from certain Government employees
211 Power to examine article liable to octroi.
212 Power to search where octroi is leviable.-  ■  ■  ■  <  . I  > V ’  j
213 Power to fix prescribed limits and penalty for evasion of paymen t
of octroi.
214 Extension of taxation limits by agreement. *
215 Taxes not invalid for defect of form.
216 Power of Government to suspend levy of taxes.
PART V
CHAPTER X X II
P ublic H ealth, Safety and C onvenience W ater S up p ly,  
D rainage and Sew age D isp osal
217 General power for supplying water.
218 Supply of water.
219 Making connections with municipal water works.
220 Obligation of owner or occupier to give notice of waste of w at:
221 Responsibility for damage caused by leakage of water.
222 Gutting off of supply to premises. o
223 Power of Commissioner to provide meters.
224 Presumption as to correctness of meters.
225 Damaging water works, misappropriating water and tampering wit 
meters.
226 Misuse of and leaving open valves and tampering with valves and
hydrants.
227 Prohibition of erection of any building which would damage
sources of water supply.
228 Prohibition of bathing in or polluting water.
229 Non-liability of Corporation when suppiy reduced or not made in 
certain cases.
230 Water supply to the public.

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Drainage and Sewage
;■«&. __
Sections— ■  ,
.- 4
231 ^Cleansing drains.
232 Appointment of places for emptying of drains and disposal of
sewage.
233 Provision of land for disposal of sewage.
234 Alteration and discontinuance of drains.
235 Provision of public latrines and urinals.
236 Provision of drains privies, etc.,
237 Repairs and closing of drains, privies, latrines, etc.
238 Power of Commissioner to demolish drains, etc.,
239 Unauthorised building over drains, etc.
240 Removal of latrine, etc., near any source of water supply.
241 Discharging sewage.
242 Making or altering drains without authority.
243 Power to require removal of nuisance arising from tanks and like.
244 Jttew building not to be erected without drains.
245 Power of owner of premises to place pipes and drains through
land belonging to other persons.
246 Obligation of owner or joint owners of drain to allow the use of it
to others.
d-
X
247 How right of use of a drain may be obtained by a person other
than the owner.
248 Commissioner may authorise person other than the owner of a
drain to use the same or declare him to be a joint user thereof.
249 Power to drain group or block of premises by combined operation.
250 Connecting drains to be constructed at the expense of owners of
premises.
251 Power of Commissioner to affix shafts for ventilation of drain
or cesspool.
252 Right of Corporation to drains constructed at cost of municipal
fund.

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Sanitary P rovision s
R egulation o f P ublic Bathing, W ashing, etc.
Sections—
253 Construction of places for public bathing, etc.
254 Prohibition of pollution of water by steeping animals or other
matters, etc.
255 Prohibition of washing of cloth.
General P rovision  w ith  reference to  D rainage, W ater Supply and  
W ater and other M ains
T
256 Joint and several liability of owners and occupiers for offence
in relation to water supply.
257 Least practicable nuisance to be caused.
258 Powers of carrying wires, pipes, drains, etc.
259 Provision as to wires, pipes or drains laid or carried above surface
of ground.
260 Previous notice to be given.
261 Connection with main not to be made without permission.
262 Communications and connections, etc., to be executed subject
to inspection by and to the satisfaction of the Commissioner.
263 Troughs and pipes for rain water.
264 Power of access to municipal water works.
265 Compensation for damage.
266 Work to be done by licensed plumber.
267 Control by the Corporation and Standing Committee.
268 Control by Government.
C onservancy
269 Deposit of rubbish, offensive matter, sewage and carcasses.
270 Collection and removal of sewage.
271 Collection and temporary deposit of rubbish and offensive matter
by occupiers of premises.
272  Prohibition of accumulations of offensive matters.

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Regulation o f Factories and Trades
Sections—
273 Factory, etc,, not to be established without permission of the Com­
missioner.
274 Sanitary regulations of factories, etc.
275 Regulation of dangerous and offensive trades.
276 Premises not to be used for certain purposes without license.
277 Prohibition of pollution of water by chemicals, etc.
278 Inspection of premises used for manufacture, etc.
Prevention o f Dangerous D iseases
279 Obligation to give information of dangerous diseases.
280 Powers of Medical Officier of Health to inspect places and take
measures to prevent spread of dangerous diseases.
281 Prohibition of use for drinking or for other domestic purposes of
water likely to cause dangerous disease.
282 Power of Medical Officer of Health to remove patient to hospital in
certain cases.
283 Power of Medical Officer of Health to disinfect building, tank, pool
or well.
284 Power of Medical Officer of Health to destroy huts and sheds.
285 Infected building not to be let without being first disinfected.
286 Provision of places for disinfection, washing or destruction of
infected articles and power of Commissioner to disinfect or 
destroy such articles.
287 Infected articles not to be transmitted, etc., without previous
disinfection.
288 Restriction on carriage of patient or dead body in public convey­
ance.
289 Disinfection of public conveyance after carriage of paitent or dead
body.
290 Power of Corporation to provide special conveyance for patient or
dead body.
291 Prohibition of making or selling of food, etc., or washing of cloths
by infected persons.
292 Power to restrict or prohibit sale of food or drink.
293 Special measure in case of outbreak of dangerous or epidemic
diseases?.

15
Burning or Burial Grounds
.  rtn  j’  »  r-y ‘ ■  *  . r
Stctions—
294 Power to call for information regarding burning and burial grourub.
295 Permission for use of new burning or burial ground.
296 Power to require closing any burning or burial ground.
297 Provision of new places for disposal of dead.
Disposal of Dead Animals >
Disposal of dead animals.
CHAPTER X X II1
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES
Nuisances
299 Prohibition of nuisances.
300 Power of Commissioner to require removal or abatement of nuisances.
Dogs
3 0 1  Registration and control of dogs.
Precaution against Fire, etc.
302 Stacking or collecting inflammable materials.
303 Care of naked lights. »
304 Discharging fire-work, fire-arms, etc.
305 Power to require buildings, wells, etc., to be rendered safe.
Prevention and Extinction of fire
■  ’ • :O(
306 Maintenance of fire brigade and arrangements for the prevention and 
extinction of fire.
307 Power of fire-brigade and other persons for suppression of fire.
308 Power to make regulations for fire-brigade,

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CHAPTER XXIV■f*
Markets and Slaughter Houses
Sections—
309 What to be deemed municipal markets and slaughter-houses
310 Provision of new municipal markets and slaughter-houses.
311 Municipal markets, slaughter-houses and stock-yards may be
closed.
312 Use of municipal markets.
*
313 Opening of private markets and private slaughter-houses.
314 Power of Commissioner to license private markets, slaughter-
>  house and stock-yards.
315 Levy of stallages, rents and fees.
316 Stallages, rents, etc., to be published.
317 Prohibition of business and trade near market.
318 License for dealing in flesh, fish and poultry.
CHAPTER XXV
Vital Statistics
319 Appointment of Sub-Registrar and Registrars,
320 Duties of Registrar.
321 Information of births and deaths.
PART VIE >
CHAPTER XXVI
Lands, Buildings and Streets and Development Schemes
322 Development Schemes.
323 Matters to be provided for in a development scheme.
324 Submission of development scheme to the Corporation for
approval.
325 Development Scheme to comply with the Master Plan and Zonal
Development Plan.
326 Power of Government to require Corporation to have scheme.

fectienj—<
18
Building Regulations
327 Prohibition of erection or re-erection of buildings without 
permission.
328 Notice of buildings.
329 Commissioner to refuse erection or re-erection of building.
330 Grounds on which site of proposed building may be disapproved.
331 Grounds on which permission to erect or re-erect building may
be refused. f
332 Power of Commissioner to direct modification of sanctioned plan
of building before its completion.
333 Lapse of sanction. *
334 Intimation of completion of building.
335 Erection and use of temporary building to be approved by
Commissioner.
336 Compensation.
337 Power to require removal or alteration of work not in confor­
mity .with bye-laws or executed notwithstanding rejection of 
plan, etc.
338 Power of Commissioner to cancel permission on grounds of
material misrepresentation by applicant.
339 Restriction on use of buildings.
340 Prohibition against use of inflammable materials for buildings,
etc., without permission.
341 Bar of jurisdiction .
Dangerous and Insanitary Building
342 Provisions regarding buildings unfit for human habitation.
343 Removal of buildings in dangerous state.
344 Abandoned or unoccupied premises.
345 Reclama ion of low-lying sites.
346 Removal of building materials from any premises may be
required
347 Cleansing of filthy buildings.

19
X” -  P ublic S treets
Actions—
348 Closing of public streets.
E ncroachm ent on Streets
349 Prohibition of projections upon streets, etc.
350 Restriction of power of municipal authorities.
351 Footings of buildings not to establish title to land by
longing to Government or vesting in Corporation.
352 Prohibition of deposit, etc., of things in streets.
353 Power to remove anything deposited or exposed for sale
in contravention of this Act.
354 Streets not to be opened or broken up and building materials 
not to be deposited thereon without permission.
355 Ground floor doors, etc., not to open outwards on streets.
356 Prohibition of tethering of animals and milking of cattle.
357 Functions of Commissioner in respect of public street.
358 Power to make new public streets.
359 Minimum width of new public streets.
360 Power to prohibit use of public street for certain kinds of
traffic.
361 Power to acquire lands and buildings for public street
and for parking place.
362 Defining the regular line of streets.
363 Setting back building to regular line of streets.
364 Compulsory setting back of building to regular line of streets.
365 Acquisition of open land and land occupied by platfromSj
etc., within the regular line of street.
366 Acquisition of remaining part of building and land after
inclusion of the portion within a regular line of street have 
been acquired.
367 Setting forward of building to the regular line of street.
368 Compensation to be paid in certain cases of setting back
or setting forward of a building.

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Sections—
Private Streets
369 Owner’s obligation when dealing with land as building site.
370 Lay out plans.
371 Alteration or demolition of street made in breach of section 370.
372 Power of Commissioner to order work to be carried out
or carry it out himself in default.
373 Precautions during repair of street.
374 Naming and numbering of streets.
875 Measures for lighting.
376 Provision for lighting of private street by Corporation on 
application of owners.
377 Prohibition or removal, etc., of lamps.
PART VII
CHAPTER XXVII
POWERS, PROCEDURES, OFFENCES AND PENALTIES:
Licences and written Permissions
378 Signatures, conditions, duration, suspension, revocation, etc.,
of licenses and written permissions.
Entry and Inspection
379 Powers of entry and inspections.
380 Power to enter adjoining land in relation to any work,
381 Breaking into.
382 Time of making entry, etc,
383 Prohibition of obstruction or molestation in execution of work.

21
Public notice a ad Advertisem ents
Sections—■
384 Public notice how to be made known.
Notice, etc.
385 Notices, etc., to fix reasonable time.
386 Signatures on notices, etc., may be stamped.
387 Notices, etc., by whom to be served or issued.
388 Services of notices, etc.
389 Services of bills for tax or notice of demand by ordinary
post.
390 Powers in case of non-compliance with notice, etc.
Recovery o f Expenses
391 Liability of occupier to pay in default of owner.
392 Execution of work by occupier in default of owner and deduction
of expenses from rent.
393 Relief to agents and trustees.
Payment o f Compensation
394 General power to pay compensation.
395 Compensation to be paid by offenders for damage caused
by them.
Recovery o f Expenses or Compensation in case o f dispute
396 Reference to the court of the District Judge in certain
cases.
397 Application to the court of the District Judge in other
cases.
398 Power to sue for expenses or compensation.
Recovery o f Certain dues
399 Mode of recovery of certain dues.
O bstruction o f owner by occupier
400 Right of owner to apply to the court of District Judge
in case of obstruction by occupier.

22
Proceedings before court o f District Judge
Sections—
401 General powers and procedure of the court o f the District
Judge.
402 Fees in proceedings before the court of the District Judge.
403 Repayment of half fees on settlement before hearing.
404 Punishment for certain offences.
405 General penalty. , t
406 Offences by companies.
407 Prosecutions. »
408 Compounding of offences.
Police
409 Duties of Police Officer.
410 Power of Police Officer to arrest persons.
411 Exercise of power of Police Officers by Municipal Employees.
Legal Proceedings
412 Power to institute, etc., legal proceedings and obtain 
legal advice.
413 Protection to action of the Corporation, etc.
414 Notice to be given of suits.
CHAPTER XX V III
x 
R ules, Regulations and Bye law s
415 Provisions respecting regulations.
416 Provisions respecting bye-laws.
417 Penalty for breaches of byedaws.
418 Supplementary provisions regarding bye-laws.
419 Bye-laws to be available for inspection and purchase.

23
Sections—  
PART VIII
CHAPTER XX IX
Supervision and Guidance
420 Government’s power to call for records, etc.
421 Government’s power to cause inspections to be made.
422 Government’s power to require performance of duties in d efaul t
of any municipal authority.
423 Government’s power to annul illegal proceedings of Corporation.
< 5
424 Government’s power to suspend action.
425 Government’s power to supersede.
426 Power of Government to prescribe forms and make rules.
PART IX
CHAPTER XXX
M iscellaneous and Supplemental Provisions  
M iscellaneous
427 Validity of notices and other documents.
428 Admissibility of document or entry as evidence.
429 Evidence of Municipal Employees.
430 Prohibition against obstruction of Mayor or any municipal
authority.
431 Councillor and municipal employees to be public servants.
432 Conditions of service of sweepers and certain other class of
persons employed in municipal (essential) sei vice.
433 Conditions of service of sweepers employed for doing bouse
scavenging.
434 Saving of other enactments.
435 Disputes between Corporation and Local Authorities.
436 Disputes between Government and Corporation.
437 Power to remove difficulty.
438 Appeals from Commissioner to Standing Committee.
439 Limitation of time for appeal.
440 Effect of absorption of Panchayat area into the City of
Gauhati.
441 Effect of absorption of a part of Panchayat area into the
City of Gauhati.
442 Removal of difficulties.
443 Special provision as to rural areas.
444 Exemption from Assam Urban Areas Rent Control, Act, 1951,
 
 
24
THE GAUHATI MUNICIPAL CORPORATION
ACT, 1969
Whereas it is expedient to constitute a Municipal Corporation for the 
City of Gauhati, be it enacted in the Twenty-second year of the 
Republic of India as follows:— -
PART I
CHAPTER I
Preliminary
Short title, J, (Ji This Act may be called the Gauhati Muni-
an§ ^com- c iPa l  G o r Po r a t i o n  A c t >  1 9 7 1 ' ’
mencement.
(2) Except as in hereinafter otherwise 
expressly provided it extends to the City of 
Gauhati. 1
(3) The provisions of this Act, except this Section 
which shall come into force at once, shall come into 
force on such date as the State Government may, by 
notification in the Official Gazette, appoint :
Provided that different dates may be appointed for 
different provisions of this Act and any reference in 
any such provision to the commencement of this Act 
shall be construed as a reference to the coming into 
force of that provision.
Enactments 2. (11 As from the date of establishment of the 
and savings. Corporation, the Assam Municipal Act, 1956, 
the Panchayat Ac f , 1959 and the Assam Town and 
Country Planning Act, 1959 shall cease to have effect 
within the city. The Corpo-ation shall be deemed 
to have been constituted with effect from the date of 
the first meeting of the elected Councillors field 
after the completion of the first general election 
under section 45.
(2) Notwithstanding the provisions of sub-section
(1) of this section —
(al Any appointment, notification, order, scheme, 
rule, form, notice or bye-law made or issued, and 
any licence or permission granted under any of the 
enactments referred to in sub-section (1) of this 
section and in force immediately before the establish­
ment of the C orporation, shall continue 
to be in force and be deemed to have been made, 
isued or granted under the provisions of this Act, 
usnless and until it is superseded by any appointment, 
notification, order, scheme, rule, form, notice, er bye­
law made or issuedj[or any licence or permission 
granted under the provisions of tt;«  Act;

25
(b) All debts, obligations and liabihities incurred, 
AH contracts entered into and all matters and 
things engaged to be done by, with or for the 
Municipal Board or Town Committees functioning 
in the city before such establishment shall be deemed 
to have been incurred, entered into or engaged to be 
done by, with or for the Corporation or the Muni­
cipal authority concerned ;
(c) All budget estimates, assessments, valuations, 
measurements or divisions made by any of the 
aforesaid local authorities shall continue to be in 
force and be deemed to have been made 
under the provisions of this Act unless and 
until they are superseded by any budget estimate, 
assessment, valuation, measurement or division 
made by the Corporation or the Municipal authority 
concerned under the said provisions ;
(d) All properties, movable and immovable 
and all interests of whatsoever nature and kind 
therein, vested in any of the aforesaid local 
authorities immediately before such establishment 
shall, with all rights of whatsoever description used, 
enjoyed or possessed by any such body or autho­
rity, vest in the Corporation ;
(e) All rates, taxes, fees, rents and other 
sums of money due to any of the aforesaid local 
authorities immediately before such establishment 
shall be deemed to be due to the Corporation ;
( f ) AU rates, taxes, fees, rents fares and other 
charges shall, until and unless they are varied by 
the Corporation, continue to be levied at the same 
rate at which they were being levied by the afore­
said local authorities immediately before such 
establishment ;
(g) AU suits, prosecutions and other legal pro­
ceedings instituted or which might have been ins­
tituted by or against any of the aforesaid local 
authorities may be continued by or against the 
Corporation ; and
(h) Every employee serving under the aforesaid 
local authorities immediately before such establish­
ment shall become an employee of the Corporation 
with such designation as the Corporation may deter­
mine and hold office by the same tenure and at 
the same remuneration and on the same terms and 
conditions of service as he would have held the same, 
if the Corporation had not been established and 
shall continue to do so unless and until such tenure, 
remuneration and terms and conditions are duly 
altered by the Corporation:
Provided that the tenure, remuneration and the 
terms and conditions of service of any such 
employee shall not be altered to his disadvantage ;

26
Provided further that any service rendered by 
any such employee before the establishment of the 
Corporation shall be deemed to be service rendered 
under the Corporation.
Definitions. 3. For the purpose of this Act, unless there is 
anything repugnant in the subject or context.
"Assessment
List.”
(1) “Assessment list” means the municipal 
assessment list prescribed by Section 156 and in­
cludes any list subsidiary thereto ;
“ Bakery.”  (2) “Bakery or baking house” means any place 
where bread, biscuits, confectionery and such other 
things are baked for the purpose of sale;
(3) “Budget grant” means the total sum entered _ 
on the expenditure side of a Budget Estimate under 
a major head and which has been finally adopted 
by the Corporation and includes any sum by which 
such budget grant may be increased or reduced by 
transfer from or to other heads in accordance with 
the provisions of this Act, rules, regulations and bye­
laws made thereunder;
“ Building.”  (4^ “Building” includes a shop, house, hut, out­
house, garage, shed, privy, urinal, other roofed struc­
ture or stable for whatsoever purpose and of whatso­
ever material constructed and also a wall, but does 
not include a tent or other merely temporary 
shelter or shed erected on ceremonial ar festive 
occasions.
“ Building (5) “ Building line” means a line which is in rear of 
line.”  the street-alignment and to which the main wall of 
a building abutting o:i a street may lawfully extend 
and beyond which no portion of the building may 
extend except as prescribed ;
‘Bye-law.”  (6) “ Bye-law” means a bye-law made under this 
Act ;
•‘C arriage.”  (7) “Carriage” means any wheeled vehicle with 
springs or other appliances acting as springs, of a kind 
ordinarily used for conveyance of human beings and 
includes jin-rickshaws, cycle-rickshaws, bicycles and 
tricycles but does not include perambulators and in 
particular does not include any motor vehicle as 
defined in the Assam Motor Vehicles Taxation Act, 
1936;

27
(8) “ Cart” means any cart, hackney, or wheeled 
vehicle with or without spring, which is not a carriage 
as defined under sub-section (7) ;
“City” means 
to be speci- 
this behalf and
•'C ity •(
G au hati”  or the
“ C ity.”
(9) “ City of Gauhati’’  or 
area within the boundaries 
fied by the State Government on 
duly notified in the official Gazette from time to 
time as required under Section 42 of this Act.
(10) “ Commissioner” means the Commissioner 
sione™’" a PP°’n t e ^ under Section 29 and includes a person 
appointed to officiate as Commissioner ;
Company” (H) “ Company” means a company including an 
existing company, private company and public com­
pany, as defined in the Companies Act, J  956 (Central 
Act I of 1956), and includes a co-operative society 
registered or deemed to have been registered 
under the Co-operative Society Act, 1959 (A.ssam Act I 
of 1960) or any re-enactment the eto:
“ Compost (12) “ Compost manure” means the produce pre­
M anure, Spared from offensive matter, rubbish and sewage by 
subjecting them to the process of compost making in 
the manner prescribed by rules ;
“ Conservan- (13) “ Conservancy” means the removal and dispo- 
cy.” sal of sewage, offensive matter and rubbish ;
£  “ C orpora. (14) ‘ Corporation” means the Municipal Corpora­
tion.” ^  tion of G auhati;
, “Cream.” (15) “ Cream” means that portion of milk rich in
milk-fat which has risen to the surface of milk on 
standing and has been removed or which has been 
separated from milk by centrifugal force;
content.”  (16) “ Cubical content” when used with refe­
rence to the measurement of a building, means the 
space contained within the external surface of its walls 
and roof and the upper surface of the floor of its lowest 
or only storey ;

28
“Dairy.”  (17) “Dairy” includes any farm, cattle-shed, cow­
house, from which milk-store, milk-shop or other 
places—
(a) from which milk is supplied for sale, or
(b) in which milk is kept for purposes of sale or 
used for manufacture or preparation for sale 
of any of the following articles;—
(i) butter, 
fii) ghee,
(iii) cheese,
(iv) curds, and
(v) dried, sterilised or condensed or tinned milk; 
but does not include—
(a) a shop or other place in which milk is sold 
for consumption on the premises only, or
fb) a shop or other place from which milk is 
sold or supplied in hermetically closed and 
unopened receptacles in the same original 
condition in which it was first received in 
such shop or other place.
“Dairy
man.”
(18) “Dairy man” includes any occupier of a 
dairy, any cow-keeper who trades in milk, or any 
seller of milk whether wholesale, or by reta il;
“ Dairy pro. (19) “Dairy produce” includes milk, butter, ghee, 
cluce.” curd, butter milk, cream, cheese and any and every 
product of milk.
“ Dangerous (20)“ Dangerous disease” means— 
disease.”
(a) small-pox, cholera, dysentery, plague, 
tuberculosis, leprosy, enteric fever, 
diphtheria, cerebrospinal meningitis and 
syphillis ; and
(b) any other epidemic, endemic or infectious 
disease which the State Government may, 
by notification in the official Gazette, 
declare to be a dangerous disease for the 
purposes of this A ct;

29
“ Domes t ic 
purposes.'‘
(21) “ Domestic purposes” :—Supply of water for 
domestic purposes shall not be deemed to include 
a supply:—
(a) for animals or for washing carriages where 
such animals or carriages are kept for sale 
or hire,
(b) for any trade, manufacture or business other 
than those concerned with the manufacture 
or supply of articles of food and drink for 
human beings.
(c) for fountains,
(d) for watering gardens, roads or paths,
(e) for any ornamental or mechanical purpose,
(f ) for building purposes ;
“ Drain.”  (22) “ Drain” includes a sewer, a house drain, a
drain of any other description, a tunnel a culvert, a 
ditch a channel, and any other device for carrying 
off sullage, sewage, offensive matter, polluted water, 
rain water or sub-soil w ater;
“ Eating 
home.” (23) “Eating house” means any premises to 
which the public are admitted and where any kind 
of food is prepared and or supplied to the public for 
consumption on the premises for the profit or gain or 
any person owning or having an interest in or 
managing such premises ;
“Entertain­
ment.” (24) “ Entertainment” includes any exhibition, 
performance, amusement, game or sport to which pere 
sons are usually admitted on paym ent;

/ 30
‘Erect or „ (25) “ Erect or re-erect”  any building
re-erect. j n c lu cj c s  ; —
fa) any material alteration or enlargement of 
any building ;
(b) the structural conversion into a place for
human habitation of a building not ori­
ginally constructed for human habitation;
(c) the structural conversion into more than
one place for human habitation of a 
building originally constructed as one 
such place ; • »
(d) the structural conversion of two or more
places of human habitation into a great 
number of such place ; *
(e) such alteration of the internal arrangement
of a building as effects an alteration in 
its sanitary or drainage arrangements or 
affects its stability ;
( f ) the addition of any rooms, buildings, out
houses or other structures to a building ;
(g) the reconstruction of the whole or any part
of the external walls of a building or the 
renewal of the posts of a wooden build­
ing ;
‘Essential
Service.” (26) “ Essential Service”  meansand includes ser­
vices concerning health, sanitation and water 
supply organisation of the Corporation and also 
any other services declared or notified by the Corpora­
tion with approval of State Government from time to 
time as essential service ;
“ Examiner.”  627) “ Examiner” means the Examiner of Local 
Accounts, Assam and includes officers subordinate to 
him assigned for the purpose of Audit ;
Factory.”  (28) “ Factory” means a factory as defined in the
Factories Act, 1948 ;
“Flith.” (29) “ Filth” includes night-soiJ, sewage and all 
offensive matters ;
“Financial 
year.”
(30) “ Financial year”  means the year commencing 
on the first day of April ;

31
'“ Food.” (31) “ Food” , notwithstanding anything contained
in the Prevention of Food Adulteration Act, 1954, 
includes every article used for food or drink by man 
other than drugs or water, and any article which 
ordinarily enters into or is used in the composition 
or preparation of human food and also includes con­
fectionery, flavouring, and colouring matter and spices 
and condiments ;
“Good?.” (32) “ Goods” includes animals ;
“Govern- (33) “ Government” means the Government of the
ment,” State of Assam ;
“Half year.” (34) “ Half year” means half of financial year ;
“Holding” (35) “ Holding” means land held under one title Or
agreement and surrounded by one set of boundaries;
Provided that where two or more adjoining hold­
ings form part and parcel of the site or premises of a 
dwelling house, manufactory, warehouse, or place 
of trade or business, such holdings shall be deemed to 
be one holding for the purposes of this Act ;
Explanation.— Holdings separated by a road 
or other means of communication shall be deemed to 
be adjoining within the meaning of this proviso :
Provided also that where land has been let out 
to occupants in separate parcels paying rents separately, 
each such parcel shall be treated as a distinct holding 
in spite of such parcels of land being held under 
one title.
„  „ (36) “ House” means any hut, shop, warehouse,
°USf' workshop, a masonry or framed building ;
“House-gul- (37) “ House-gully” means a passage or strip of land 
ly.” constructed, set apart, or utilised, for the purposes 
of serving as a drain or affording access to a latrine, 
urinal, cess-pool or other receptacle for filthy or 
polluted matter, to municipal employee or per­
sons employed in the cleansing thereof or in the 
removal of such matter therefrom and includes 
the air-space above such passage or land ;

32
“Hut.” (38) “H ut” means any building which is constructed 
principally of wood, bamboo, mud, leaves, grass, cloth 
or thatch and includes any structure of whatever 
material made which the Corporation may declare to 
be a hut for the purposes of this A ct;
“ Inhabitan.t’  (39) “ Inhabitant” used with reference to a local 
area means any person ordinarily residing or carrying 
on business or owning or occupying immovable pro­
perty therein ;
(40) “ Land” includes benefit to arise out of land, 
things attached to the earth or permanently fastened 
to anything attached to the earth and also land 
covered by w ater;
(41) “ Latrine” means a place set apart for 
defecating or urinating or both and includes a closet 
of the dry or water carriage type and urinal ;
(42) “ Lay-out” means any area or plot of land 
demarcated or marked out into regular and convenient 
bits of divisions to utilie, sell, lease out or otherwise 
dispose of the same as sites for the construction of 
buildings and includes a street or streets or road or 
roads giving access to the site or sites and connecting 
with an existing public or private street ;
‘ Local au- ( ^ )  “ Local authority” means the Municipal 
thority.” Corporation of Gauhati and also includes Municipal 
Boards, Town Committees, Panchayats and Develop­
ment Authorities ;
"Lodging (44) “ Lodging House” means a house in which 
House.” visitors or other persons are lodged for hire for a night 
or more and where there is community of eating or 
sleeping accommodation ;
•  Marke ” (45) “ Market” means any place where persons
assemble for the sale and purchase of articles intended 
for food or drink or of livestock or other merchandise;
“ Municipal (46) “ Municipal Authority” means any of the 
Authority.” Municipal Authorities specified in sub-secticn (2) of 
Section 4 of this Act ;
‘Mualcipul “ Municipal drain”  means a drain vested
drain.” i» the Corporation;

33
“ Muuicipal
V irket.”
“ Municipal 
Office,”
(48) “ Municipal market” means a market 
belonging to or maintained by the Corporation;
(49) “ Municipal office” means the principal office 
of the Corporation ;
ding*”bUi1'  (50) “New building” means and includes—
(a) any building constructed or in the process of 
construction after the commencement of this 
Act;
(b) any building which, having collapsed or having
been demolished or burnt down for more 
than one-half of its cubical content is 
reconstructed wholly or partially after the 
commencement of this Act, whether the 
dimensions of the reconstructed building are 
same as those of the original building or not;
(c) any building not originally constructed for 
human habitation after the commencement 
of this Act;
Explanation.-—Clause (b) applies whether mere- 
than half the cubical content has collapsed or been 
demolished or burnt down at the same time or at 
different times.
Hon”8 0 ® ’ { 5 1 ) “Notification”  means a noti-'cation pub.
lished in the Official Gazette of the Government of 
Assam;
‘’Nuisaate” (52) “ Nuisance” includes any act, omission 
palace or thing which causes or is likely to 
cause injury, danger, annoyance or offence to the 
sense of sight, smell or hearing or disturbance to rest 
or sleep, or which is or may be dangerous to life or 
injurious to health or property;
“Occupied! (53) “Occupier" means—
(a)Tany  person who for the time being is paying 
or is liable to pay to the owner the rent or any 
portion of the rent of the land or building in 
»  respect of which such rent is paid or is pay­
c a b le  ;
(b) an owner in occupation of, or 
the land or building;
otherwise using
(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or 
building;
(e) any person who is liable to p

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