Gauhati Municipal Corporation Act,1969

No: 1 Dated: Jan, 08 1973

Amendment:- Gauhati Municipal Corporation (Amendment) Act, 1976.

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

1. Short title, application and commencement:- (1) This Act may be called the Gauhati Municipal Corporation Act, 1971

(2) Except as in hereinafter otherwise expressly provided it extends to the City of Gauhati.

(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 provisions.

2. Definition:- For the purpose of this Act, unless there is anything repugnant in the subject of context.

(1) “Assessment list” means the municipal assessment list prescribed by Section 156 and includes any list subsidiary thereto;

(2) “Bakery or baking louse” 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 there under;

(4) “Building” includes a shop, house, hut, out-house, garage shed, privy, urinal, other roofed structure or stable for whatsoever purpose and of whatsoever material constructed and also a wall, but does not include a tent or other merely temporary shelter or shed erected on ceremonial or festive occasions:

(5) “Building line” means a line which is in 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;

(6) “Bye-law” means a bye-law made under this Act;

(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;

(8) “Cart” means any cart, hackney, or wheeled vehicle with or without spring, which is not a carriage as defined under subsection (7);

(9) “City of Gauhati” or “City” means the area within the boundaries to be specified by the State Government on this behalf and duly notified in the official Gazette from time to time as required under Section 42 of this Act.

(10) “Commissioner” means the Commissioner appointed under Section 29 and includes a person appointed to officiate as Commissioner;

(11) “Company” means a company including an existing company, private company and public company, as defined in the Companies Act, 1956 (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 (Assam Act I of 1960) or any re-enactment thereto:

(12) “Compost manure” means the produce prepared from offensive matter, rubbish and sewage by subjecting them to the
process of compost making in the manner prescribed by rules;

(13) “Conservancy” means the removal and disposal of sewage, offensive matter and rubbish;

(14) “Corporation” means the Municipal Corporation of Gauhati;

(15) “Cream” means the 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;

(16) “Cubical content” when used with reference 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;

(17) “Dairy” includes any farm, cattle-shed, cowhouse, 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 say of the following articles:—

(i) Butter,

(ii) Ghee,

(iii) Curds, and

(iv) 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

(b) A shop or other place form 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.

(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 retail;

(19) “Dairy produce” includes milk, butter, ghee, curd, buttermilk, cream, cheese and any and every product of milk.

(20) “Dangerous disease” means —

(a) Small-pox, cholera, dysentery, plague, tuberculosis, leprosy, enteric fever, diphtheria, cerebrospinal meningitis and syphilis; 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 Act;

(21) “Domestic purposes”: — Supply of water for domestic purposes shall not be deemed to include a supply: —

(a) For animals or for washing carriage 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 good 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;

(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 water;

(23) “Eating house” means any promises to which the public are admitted and whether 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 promises;

(24) “Entertainment” includes any exhibition, performance amusement, game or sport to which persons are usually admitted on payment;

(25) “Erect or re-erect” any building includes:—

(a) Any material alteration or enlargement of any building;

(b) The structural conversion into a place for human habitation of a building not originally constructed for human habitation;

(c) The structural conversion into more then 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 habitations into a great number of such places;

(e) Such alteration of the internal arrangement of a building as effects and alteration in its sanitary or drainage arrangement 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 building;

(26) “Essential Service” means and includes services concerning health, sanitation and water supply organisation of the Corporation and also any other services declared or notified by the Corporation with approval of State Government from time to time as essential service;

(27) “Examiner” means the Examiner of Local Accounts, Assam and includes officer subordinate to him assigned for the purpose of Audit;

(28) “Factory” means a factory as defined in the Factories Act, 1948;

(29) “Fifth” includes night-soil, sewage and all offensive matters;

(30) “Financial Year” means the year commencement on the first day of April;

(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 confectionery, flavouring, and colouring matter and spices and condiments;

(32) “Goods” includes animals;

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

(34) “Half year” means half of financial year;

(35) “Holding” means land held under one title or agreement and surrounded by one set of boundaries:

Provided that where two or more adjoining holdings form part and parcel of the site or promises 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 provision: Provided also that where land has been let out to occupants in separate percels paying rents separately, each such percel shall be treated as a distinct holding in spite of such percels of land being held under one title.