The GUWAHATI BUILDING CONSTRUCTION (REGULATION) ACT, 2010

lb~ \A. I\~~~/ 1.1' 0 Registered No. 768/97 ,, ...... THE ASSAM GAZETTE ~er I l EXTRA ORDINARY x • B PUBLISHED BY THE AUTHORITY rj"~ 135 ~~''I~, 12 (If' 2010, 22 ~?f, 1932 (""j<f)) No.135 Dispur, Wednesday, 12th May, 2010, 22nd Vaibakha, 1932 (S.E.) GOVERN1\11ENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTtvfENT : : LEGISLATIVE BRANCH NOTIFICATION The 12th May, 2010 No.LGL.7/2010/10. --The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. ASSAM ACT NO. XVI OF 2010 (Received the assent of the Governor on 29th April, 2010) THE GUWA:f!ATI BUILDING CONSTRUCTION (REGULATION) ACT, 2010 1022 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 12. 2010 AN ACT to provide for development, control, regulate the planning and construction of buildings within the Guwahat1 Metropolitan Area. Whereas it is expedient to provide for the development, control and regulation Preamble to check the haphazard growth of buildings within the Guwahati Metropolitan Area by the authorities concerned and specify the provisions regulating .such pianning and construction of buildings and for matters connected therewith and incidenta1 thereto. It is berby enacted in the Sixty-first Year of the Republic of India as follows:- Short title, 1. ( 1) This Act may be called the Guwahati Building Construction (Regulation) Act, extent and commencement 2010. (2) It shall extend to the whole of the Guwahati Metropolitan Area as notified by the State Government. (3) They shall come into force on such date as the State Governinent may, by notification in the Official Gazette, appoint. Definitions 2. In this Act, unless there is anything repugnant in the subject or context.,- ( l) "alley" means a public thoroughfare, which affords only a secondary means of access to abutting prope1ty and not intended for general traffic circulation; (2) "Apartment" means an apartment as defined under the Assam Apartments Act No XXI of (Construction and Transfer of Ownership) Act, 2006; . 2007. (3) "approved" means approved by the Authority by any officer to whom the power has been delegated by the Authority; (4) "Authority" means the Guwahati Metropolitan Development Authority, Guwahati Mi.micipal Corporation and other Urban Local .Body or Panchayat as the case may be; (5) "balcony" means horizontal pro.:ection in upper' floors to serve as a passage or sitting out place; (6) "basement" means the lower storey of building below or partly below the ground level; (7) "building" ~eans any construction for whatsoever purpose and of whatsoever materials and every part thereof, whether used as human habitation or not and includes plbth, walls, chimney, telecommunication or other tower, dr~e work, fixed platforms, verandah, balcony cornice or projection, or part of a building on anything affixed thereof or any walls, earth bank, fence, or other THE ASSAM GAZETTE EXTRAORDINARY, MAY 12. 2010 1023 construction enclosing or delimiting or intended to enclose or delimit any land or space, hut does not include structure of temporary nature like tents, hutment as well as shamianas erected for temporary purposes for ceremonial occasions, with the permissions of the comp.e tent authority; (8) ''building bye laws" means the bye-laws framed by the State Government under section 5 of this Act; (9) "building height'' means the vertical distance measured in the case of flat roofs i from the average level of ground around and contiguous to the building or as i decided by Authority to the terrace of last livable floor of the building adjacent to external wall and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof, and in the case of gables facing the road the mid point between the eaves level and the ridge. The architectural features serving no other function except that of decoration shall be excluded for the purpose of taking heights. If the building does not abut a street the height shall be measured above the average level of the ground around and contiguo~•s to the building; Provided that for hilly areas the vertical distance shall be measured from the lower floor level instead of average ground level as applicable in case of plain areas; ( l 0) "building line" means a line which is in the rear of the street aligrunent and to which the main wall of a building abut6ng on a street may lawfully extend and beyond which no portion of the building may extend except as prescribed in this Act; (11) "building permit" means permission accorded by the· Guwahati Municipal Assam Corporation or by the other urban local bodies or Panchayats concerned relating Act No xx or to all issues of construction of building as per provisions of the Master Plan and 1987 Zoning Regulations prepared and published under the Guwahati Metropolitan Development Authority Act, 1985 and Building bye-laws prepared under this Act; (12) "chajja" means the sloping or horizontal structural projection usually provided over openings on ex'ternal walls to provide protection from sun and rain; (13) "ceiling height" means the vertical distance between the floor and the ceiling. Where a finished ceiling is not provided the underside of the joists or top of post plate in case of pitched roof shall determine the upper point of measurement; (14) "concrete" means concrete in which steel rods or meshes are· embedded to increase strength; (15) "concrete plain" means concrete cast in place without metal reinforcement or reinforced only for shrinkage or temperature changes; (16) "coverage" means the percentage ratio of the plinth area of the main and accessory bui Id ings to the total area of the plot; iVL'+ Ltib A~~AM GAZETTE. EXTRAORDINARY, MAY 12. 20 IO (17) "development" with its grammatical variation means the carrying out of building, engineering, mining or other operations, in on, over, or under land or the making of any material change in any building or in the use of any building or land and includes division of any land; (18) ''drain" means any conduit used for the carriage of sewerage and sullage water from one building or a po1tion of the building~ (19) "drain-sewerage" means a drain used or constructe<l to be use<l for conveying solid or liquid waste matter, excrel'al or otherwise, to a sewer; t..20) "drain-surface water" means a drain used or constructed to use solely for conveying to any drain any rain water but shall not include any rainwater pipe; i ,· (21) "dwelling" means a· building or portion thereof which is designed for use ii ' whol.ly or principally for residential purposes; (22) "Floor Area Ratio" (FAR) means quotient by dividing the total covered area (Plinth area) on all floors excluding exempted areas as may be provided in the building bye-laws into 100 by the area of the plot. FAR= Jotal covered area of all floors x I 00 ; Plot area ' ,- J ~ (23) "floor area" means covered area of a building at any floor level: (24) "family" means a group of individuals normally of blood relation or connected by marriage living together as a single house keeping unit and having a common kitchen. Customary domestic servants shall be consjdered as adjunct to the term family; (25) "open space" means an area forming an integral part of the plot left open to the sky for the pi.trpose of this Act; (26) "owner" means the person, when used in reference to any premises who receives the rent of the said premises or would be legally entitled to do so if the prerrrises were let out. It also includes,- ( a) an agent or trustee who is legally authorized to receive such rent on behalf of the owner; (b) a receiver, executor or administrator or a manager appointed by any court of competent jurisdiction to have the charges of or to exercise the rights of owner of the said premises; (c) a person having legal title over the premises /plot ofland; (27) "pathway" means an approach con~tructed with materials such as bricks, concrete, stone, asphalt or the like; (28) "plinth" means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground; THE ASSAM GAZETTE,'EXTRt\0}\DlNARY, MAY 12, 2010 1025 (29) "Planning Permit" means the permission accorded by the Guwahati Assam Act No Metropolitan Dt:velopment Authority as per the provisions of Master Plan and XX of Zoning Regulations published by the Authority from time to time under the 1987 Guwahati Metropolitan Development Authority Act, 1985; (30) "plot" means a parcel of land occupied or intended for occupancy by one main building, together with its accessory buildings and used customarily and incidental to it, including the vacant spaces required and having frontage upon a street or upon a private way as provided in the building bye-laws; I (31) "repairs" means any renovation applied to any structure, which does not in any I way change the specification of the structure but saves the structure from further deterioration; (32) "road" means and includes any highway, street, lane, pathway, alJey, passageway, carriageway, footway, square, bridge, whether private or public, whether thoroughfare, or not whether existing or proposed in any scheme, culverts, side walks and traffic is lands; (33) ·'sanctioned plan" means the set of drawings and statements submitted under relevant section of the building bye-laws in connection with a building and sanctioned by Authority; - (34) "State Government" means the Government of Assam; (35) "storey" means the portion of a building included between the surface'of any floor and the surface of the floor next above it or if there be no floor above it, then the spaces between any floor and the ceiling above it; (36) "to abut" means to abut on a road such that any portion of the plot is on the road boundary; • (37) "to construct" means to erect, re-erect or make material alterations; I (38) "to erect" means to construct a building for the first time or to reconstruct an existing building after demolishing it accNding to some fresh or revised plan; ! (39) "water closet" means a privacy with arrangement for flushing the pan with water, but does not inch~de a bathroom; I (4 0) "multistoreyed or high-rise buildings" means a building whose height is 15 meters or more measured from the average level of the central line of the street on which the site abuts or more than four floors excluding basement or stilt; (4 1) "Structural Engineer" shall mean an Engineer with at least 3 years experience ' m structural design or an Engineer with post Graduate degree in Structural Engineering; (42) "services" in relation to a building means light and ventilation, electrical installation, air conditioning and heating, acoustics and sound, installation of .g lift and escalators, water supply, fire fighting, sewerage and drainage, gas supply, telephone and garbage disposal mechanism, landscape and environment: .l 1026 THE ASSAM GAZETTE, EXTEAORDINARY, MAY 12, 2010 (4 3) "use" mans the purpose for which the building or a part of building is used or intended to be used and the term "mixed used" shall mean and include a building wnich is used for more than one use in different portion of the building; I Explanation: - The classification of building based on principal use shall be as follows:- (a) Residential Buildings :- ~ • These shall include any building, in which sleeping ~ accommodation is provided for normal residential purposes with or without cooking or dining or both facilities, including one or I two or multi-family dwellings, lodging dormitories, apartment houses, flats and hostels. (b) Institutional Buildings:- ~ Institutional buildings ordinarily provide sleeping accommodation I for the occupants and specialized non-commercial training centers. lt includes hospital, sanatoria, custodial institutions and penal I institutions like jails, prisons, mental hospitals and reformatories. These shall include any building used for school, college or day i care purposes involving assembly for instruction, education or i recreation where it is a part of education and other public and semi-public buildings. (c) Assembly Buildings :- These shall include any building or part of a building where groups of people congregate or gather for amusement, recreation, special, ·patriotic, civil traveJ and similar purposes, for example, - marriage hall, theatres, motion picture houses, assembly halls, auditoria, libraries, exhibition halls, museums, skating rings, gymnasium, restaurants, dance halls, clubs, passenger stations and terminals or I air, surface and other public transportation services, and stadia. l:hese shall include any building used for religious purposes like I prayers, puja, worship, religious or spiritual congregation, discourses, rituals and functions. ( d) Commercial Buildings :- These shall include any building or part of a building which is used as shop, store, market for display and sale of merchandise either wholesale or retail, office, storage or service facilities incidental to the sale of merchandise and located in the same building shall be .included under this group. These shall include any building or part of a building which is used for tr~saction of business and I or the keeping of accounts and records therefore including offices, ban.ks, professional establishments etc. if their principal function is lransaction of business or keeping of books and records. THE ASSAM GAZETTE, EXTRAORDINARY, MAY--=1=2.>...::2, =0...::...1.0, ,._--~1~02:..!..7 (e) Industrial Buildings:· These shall include any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled or processed like assembly plants, laboratories, power plants, smoke houses, refineries, gas. plants, ffiills, dairies, factories, etc. (f) Storage Buildings :- These shall include any building or part of building used primarily for the storage or sheltering (including servicing, processing or repairs incidental to storage) of goods, ware or merchandise (except those that involve highly combustible of explosive products or materials) vehicles or animal, for example, warehouses, cold storages, freight depots, transit sheds, store houses, truck and marine terminals, garages, hangers, grain elevators, barns and stables. Storage properties are characterized by the presence of relativity small numbe.rs of persons in proportion to the area. Any new use which increases the number of occupants to the figure comparable with other classes of occupancy shall change the classification of the building to that of the new use for example hungers used for assembly purposes, warehouses used for office purposes, garages building used for manufacturing. (g) Hazardous Buildings :- These shall include any building or part of a building which is used for the storage, ,handling, manufacture or proc.essing of highly combustible or explosive materials or products which are liable to bum with extreme rapidity and or which may produce poisonous fomes or explosions for storage, handling, manufacturing or processing which involve highly corrosive toxic or noxious alkalis, acids or 0th.er liquids or chemicals producing flame, fumes and explosive poisonous, irritant or corrosive gases, and for the storage, handling or .i;>rocessi:ng of any material producing explosive mixtures or dust which result in the division of matter in to fine particles subject to spontaneous ignition. ( 44) "compliance" is the verification of the properties. of construction materials based on test data and verification of the strength and structural adequacy for various components of buildings and structures; I i 1028 THE ASSAM GAZETTE, EXTRAORDINARY.' MAY 12, 2010. ~ ! (45) words and expression used in this Act and the building bye-laws framed -Assam~ f Act No Fr thereundef but not defined shall have the meanings respectively assigned to of 1973ft bu H 1a, them in the Guwahati Municipal Corporation Act, 1971, the Guwahati Assamn15t~ ActNo ,!Ai Metropolitan Development Authority Act, 1985 and the National Building XX of~ 2 1987 Code of India 2005 as amended from time to time, shall have the meanings lgl respectively assigned to them in those Acts and Code; J~i Applicability 3. The Act shall apply to regulate the construction of the buildings as per Planning ~ ofthe Act Permit and Building Permit accorded to the concerned applicant by the Guwahati Metropolitan Development Authority and the Guwahati Municipal Corporation respectively and use of the site of the building under the jurisdiction of the Guwahati Metropolitan Area in the f~Howing manner:- (1) Where a building is intended to be erected, the Act applies to the Planning and Zoning Use, design (lnd construction of the building; (2) Where the whole o.r any part of the building is intended to be removed, the Act applies to the whole building whether removed or not; (3) Where the whole or any part or the building is intended to be demolished, the Act applies to any remailling part and to the work · involved in the demolition; (4) Where a building is intended to be altered, the Act applies to the whole building whether existing or new save and except that part of bll;ilding which is completely self contained with respect to facilities and safety measures required under the building bye Jaws; (5) wpere the occupancy of a building is intended to be changed, the Act applies to all parts of the building affected by the change; (6) Where a building has been demolished by the Authority, the Act be applies to all parts of the building intended to erected; Provided that nothing in this Act shall apply with respect to removal, alteration or abandonment, prevention of continuance of the the use or occupancy of an existing approved building, unless in opinion l of the Authority such buildings constitutes a hazard to the safety of the adjacent property or the occupants of the building itself; THI:- ASSAM GAZETTE, EXTRAORDINARY.._MAY 12, 2010 1029 <\ssam ~ct No I -1. (1) Notwithstanding anythrn~ to !he contrary contained m the Guwahati of 19'73 Metropolitan Development \uthority Act. 1985 and Guwahati Assain 'c·~ Act i\o t•nmcni Municipal Corporation Aci. 19 I the State Government shall frame the XX of 1987 bwkling bye-laws to regulatt: i .\! construction of buildings under the jurisdiction of Guwahati Metropc.litan Arca. ( ) The building bye-laws shall ct·;1tain the matters enumerated herein 2 below:- PART-( (bye-la'\vs to be framed relating to Planning Permit) (i) form of application together with plan, service plan for planning permit and land sale or transfer permit and the requirement of different fees and penalty for deviations and other documents to accompany an application_; (ii) width for different classes of public streets according to the nature of traffic to be carried thereon, ,,;treet lines and setting back of building from the regular line of the street: (iii) regulation or restriction of the site for different uses like pennissible floor area ratio, coveragt,, height of building, parking nom1s and requirement of external open space; (iv) regulation and display cf advt:: tisem.ent in the interest of amenity, aesthetic or public safety; (v) regulations. in any manner or spe~,ifically provided for in this Act, the erection of any enclosure, wall, fo.tce, tent or other structure or any land within the limits of the Authority; (vi) land sub-division and layout of pubtc streets; , (vii) regulations for other services like drainage, water supply/sewerage, rainwater harvesting etc. and recycling of used water to be provided in i the site as well as in any pre~cribed area: (viii) provision of street furniture fct" physically challenged; (ix) period within which th·~ Planning Pcnnit shall be either granted or I refused; (x) duties and responsibilities of tlie persons preparing the plan; (xi) such other matters which are to be or may be required to be made in the bye-laws: -"-'0l =3'"""0 ___ _.;T'"""H=E=.......:A-==S=SA'"""'M'-'-=-G=""-"A=ZE"='TT..:....::....::E=,-· -=E=X"""'T::...::RA=O=RD=lN=-=-A=R'"""'Y... .... _..M~A~Y_l~2... ...... _20"-"1. .0.... ___ < ---i PART II (bye-1aws to be framed relating to Building Permit) (i) form of application, specification of plans of building, site plan, service plan and documents to accompany an application, requirement of different fees and penalty for deviation; (ii) standard of all classes of building classified on the basis of use, floor area ratio, coverage, setbacks, height of building relation to street, plot size for different classes of building, parking norms; (iii) technical specification of different classes of building and structures and general structural safety like earthquake, cyclone, landslide etc; and seismic strengthening of retrofitting; design of structure for earthquake resistance and retrofitting; fire and life safety, pollution control, rainwater harvesting, septic tank, sewerage, drainage, garbage disposal, lift, ventilation, water supply, elect.rical installation, and specification for physically challenged; telephone, rooftop transmission and growid based transmission tower, outdoor display structure, hoarding attached to a building; J_vii) laying of cables, conduits, water supply pipes and the like; (vi~i) green building and recycling of used water to be provided in the building; (ix) requirements for special and lifeline buildings; (x) requirements and specifications for physically challenged in the building; (xi) stacking of materials of construction; (xii) restriction on use qf inflammable material in the buildings; (xiii) supervision and proof checking of structural design of buildings; (xiv) period within which the Building Permit shall either be granted or refused; (xv) inspection, completion, occupancy of the building and forms required for issuing completition certificate, occupancy certificate of the building; (xvi) duties and responsibilities of ~:;erson preparing the plan; (~vii) such other matters which are to be or may required to be made in the bye-laws; I THE ASSAM GA.ZETTE. EXTRAORDINARY, MAY 12, 2010 1031 ' 4 -~ s. The procedure regarding constrnction of buildings and sub-division or transfer of Procedure to be private land:- followed for constructioo ( 1) Every person who intends to erect or re-erect or make material alteration : in any place in a building or part thereof, within the jurisdiction of Guwahati Metropolitan Area, shall make an applicable in the form prescribed for the purpose in the building bye-laws to the Chief Executive Officer, Guwahati Metropolitan Development Authority, and such appli'cation shall be accompanied by the plans and conforrr.iing to the requirements mentioned in the building ·bye-laws in qua<:J:riplicate in blue or white prints or computer generated prints. (2) The fonn to be prescribed under sub-section (1) shall be of two parts being the "Part-I" for Planning Permit and Part-II for construction of "Building Permit". The Planning Permit shall be issued by the Guwahati Metropolitan Development Authority and Building Permit shall . be issued by the Guwahati 'Municipal Corporation, or other Urban Local Bodies or Pancfiayats, as the case may be, within the Guwah°'iti Metropolitan Area. (3) At first the applicant shall file application fonn to the Guwahati Metropolitan Development Authority .with requisite processing fee for obtaining Planning Permit. The officials of Guwahati Metropolitan Development Authority shall verify and examine the application promptly with regard to the Planning and Zoning Regulations and forward the Planning Permit with such modifications as may be required, to the Guwahati Municipal Corporation or other Urban Local Bodies or Panchayats as the case may be~ with an intimation to the applicant. (4 ) The Guwahati Municipal C:orporation or other Urban Local Bodies or Panchayats, as the case may be, shall ~xamine the proposal as per provisions of the building bye-laws and other Acts and Rules for the time being in force and if satisfied, issue the Building Pennit on receipt of such fees as prescribed in the building bye-laws. (5) After approval of Planning Permit, one copy shall be retained in the office of the Authority for record and the other three copies shall be forwarded to the Guwahati Municipal Corporation or other Urban Local Bodies or Panchayats, as the case may be, along with the relevant papers with intimation to the applicant. I 1032 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 12 2010 i I (6) The Guwahati Mcrropvlit.in Development Authority, Guwahati Municipal Corporation ,)r other Urban Local Bodi~s or Panchayat, as the I case may be. shall eith<?r ~rai.t or refuse to grant Planning Permit or Building Permit as the ;;n-,c may be wi_th period as stipulate in the building bye-laws. In the e\ei1l of failure of the Authority to grant I Planning Pe1mit or the Building Permit within the period stipulated in • n the building bye-law~. then the permits shall be de~med to have been -granted and the applicant may pn.; ··~ed for e~~qutiQn of the work with an intimation .to the Authorities con·'.erned at l~ast 10 (ten) days prior to commencement of d~e work but .not so as to contravene any of the provisions of this Act or any ruJes or building bye-laws made under this Act. Explanation:- Format of Application to erect or re-erect or make material alteration in a building as required along with a checklist to ensure complete submission of ! docwnents to faciliate early disposal of cases shall be filled up as provided in I the building bye-laws hy the ~pplic .. mt. •~ (7) The following documents shall accompany the application:- ~ (i) Site Plan :- The site plan shall be drawn to a minimum sc.ale as tJrescribed in the building bye-iaws and to be signed by the ' applicant and the per::;o1.1p reparing the plan; (a) the boundaries of the site with dimensions .and of any contiguous ! land belonging to the owne1: (b) the position of the site in rei.1tion to neighboring streets with name I~ of the street on which the bui tding is situated; (c) the position of the buiiding and all other buildings (if any) which I the applicant intends ·o erect tipon his land in relation to- (ci) the boundaries of the site and in case where the site has been partitioned, I the boundaries of the portion owned by the applicant and also of the I portions owned by other owners of th~'l.t compact plot; ' ( cii) the means of acce~~ from an existing street to the building; I (ciii) open space to be left nw1md the bl~ilding to secw-e free circulation of air, admissjon of light and access fr·r scavenging purpose etc; (iv) scale with north line; 1033 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12. 2010 (v) plot area, plinth area, each floor area; (vi) location, name and width of each adjacent road or lane; (vii) such other particulars as may be prescribed in the building bye-laws. (ii) Building Plan ;" The detailed plans, used of the building and elevation and sections sent with the application shall be accurately drawn to a scale as prescribed in the building bye-laws and duly signed by the applicant and the person preparing the building plan.. Adequate arrangement for proper drainage shall also be made .. The plan. shall include,- (a) complete layout plan of the area or areas showing location and width of all streets dimensions, sizes and uses of all the plots; (b) plans of aD floors, accessory buildings and basement plan. Such drawings shall fairly indicate the size of rooms, size of windows and ventilators, size of door opening and stair runs; (c) location of drains, sewers, public utility, electric Imes, services, transformers; (d ) exact location of essential services such as water. closet, sink, ~~th etc; ( e) proposed and existing works should be clearly indicated in different colours (other than red) or in marking; (f) sectional drawings showing clearly the sizes of footings thickness.of basement walls if any, all roof slabs and floor slabs, ceiling heights and parapet height with their materials. The section shall indicate the drainage and slope off the roof. At least one section shall be taken through the staircase; (g) details of se!"Ved privies (if any); (h) all street elevation; (i) dimensions of the projected portions beyond the permissible buiJ4ing line i.e. chajja line; (j) scaie with north line; (k) the existing ground level of the plot and proposed ground level in relation to abutting road level to be clearly mentioned in drawing; · v01) for multistoreyed or highrise buildin -- g - s an un - de-rta-k--ing-· stating that .....___.._ - _) debris or construction materials will not be stacked in public plfl:ces -lea~d-ing- t-o·- p...u..b._l.i_c_. n-u-i-sa-nce. rn the Authority finds that the applicant.. _.-------' caused nuisance to·· public while executing construction uecessacy ---·--·-- -··-·----- -·· -- fine be imposed as per_provisions in the byelaw; J 8 I I 1034 THE ASSAM GAZETfE, EXTRAORDINARY, MAY 12, 2010 ~ ~ {, (m)detailed parking plan; ~ • (n) space used for storing construction materials during the time of construction; f I (o ) the owner shall - file an - m1dert~~tating that he shall leave and Assam --·- a --~ ·-~· . Act No 1 surrender land for road widening, if required and he will not violate f of1973 ! '--any prov1sions efthi~~t ~-;·and building bye-laws made under and • Assam ,e ~ this Act and that in case of any violations, the 'Authority shall be at Act No • XX of liberty to summarily remove such deviations as per Guwahati IQR7 I l Municipal Corporation Act, 1971 and Guwahati Metropolij:an Development Authority Act, 1985. (iii) Service Plan :- Details of private water supply, sewerage disposal j system and details of building services, where required by the Authority ~ shall be made available to a scale as provided in the building bye-laws. ~ ~ t I I (iv) Ownership Document:-Title document to justify the ownership ofland. In case land is not owned by the applicant, lease deed/sale deed/Power of Attorney or a No Objection Certificate by the co-owners for allowing l applicant for construction, in the form of an affidavit. f ~ , ' (v) Every person who intends to subdivide or transfer any plot of land within ~ ij I Guwahati Metropolitan Area shall make application to the Authority i obtaining permission for sub-devision or transfer of such plot of land. I Such application shal I be accompanied by the plans and statements I together with a development fees as prescribed in the building bye-laws. i ; (vi) Application for alteration :- When the application is only for an alteration • ~ of the building, only such plans and statements as may be necessary ,; ~ ~ shall accomp_any the application. I (vii) Repairs : - No such application as provided under section 5 shall be i deemed necessary for repairs in any existing buildfug in accordance with the Act. . . . THE ASSAM GAZETTE, EXTRAORDINARY,_ MAY 12, 2010 1035 If during the construction of a building any departure from the Dt\ 1ation 6. during sanctioned plan is intended to be made, prior approval of the Authority construction shal I be obtained before any change is made. Withdrawal of 7. The applicant may withdraw the application and plans any time prior to application its approval and such action shall terminate all proceedings with respect to such application, but the fees paid shall in no case be refunded. Exemption to 8. The Governments both Central and State except the Defence also Governments forward copies of their plans to the Authority complying with all the provisions of the Act. Central and State Governments are exempted from paying planning permit and Building.Permit fees. Duration of 9. The building permit once accorded shall remain valid up to two years. permit Subsequent renewal is permissible for another five years. If however the building is not completed during this period, .a fresh permit has to be obtained. The applicant has to produce completion certificate within the validity perjod of permission, failing which the permission shall be deemed to be cancelled and the processing fees and the building permit fee shall be forfeited. Intimation to 10. The applicant upon commencement of his work under a Building Pennit the Authority shall give notice to the Authority that he has started his work and the to start construction Authority shall cause inspection of the work within 14 days following the receipt of the notice to verify that the erection has been carried out in accordance with the approved plans. 11. (a) "Completion Certificate":- The owner through tl)e registered architect, Completion and engmeer, structural engineer, as the case may be, who has supervised Occupancy · Certificate the construction, shall give notice to the Authority regarding completion of work described in the Building Permission. The completion c~rtificate shall be submitted in the fonn as may be prescribed in the building bye-laws in four sets of completion as built plan. (b) "Occupancy Certificate":- Th:~ Authority, on receipt of the completion certificate, shall inspect the work and grant or refuse an occupancy certificate within 21 days from the date of receipt of completion certificate, after which period it shall be deemed to have been i approved by the Authority for occupation provided the building has I been constructed as per the approved plans. Where the occupancy certificate is refused, the reasons for rejection shall be intimated to the applicant. 1036 THE ASSAM GAZETTE, EXTRAORDINARY, MAY l"' :c :o (c ) "Part Occupancy Certificate":- Upon the· request of -.:be ~ of the J• Building Permit the Authority may issue a pan ~ certificate for a building or part thereof before completion of:±:!!! ~ work as per Building Permit, provided sufficient precautiom'..:1 mt'2SUreS are I taken by the holder of the Building Permit to ensure pthUc safety and health safety. The part occupancy certifi,cate shall he gn.en by the ! Authority subject to the ov.·ner indemnifying the Amhcri.1y as per the proforma prescribed in the building bye-laws. PtnaJty for 12. (i) Any person who contravenes any of the prov~ions oi ~ Act or any violation Assam Act requirements or obligation imposed on him by virtue of ~:s Aet, rules No I of 1973 or building bye-laws framed under this Act or \:\.1lo imafc:res with or and Assam Act No XX obstruct any person in the discharge of his duties in ~ of this ofl987 Act, rules or building bye-laws shall be punishable as per the-relevant Assam Act NoXXJ provisions of the Guwahati Municipal Corporation Act.. l'T"I or the 2007 Guwahati Metropolitan Development Authority Act. l9'S5 or the Assam Apartment (Construction and Transfer of o..,.Dl:':'.lSirip) Act, 2006 and relevant Acts governing the local bodies. (ii) Notwithstandipg the penalty referred to in sub-section (i) the -~~rity me shall be free to seal a building in the event of any violation of used and deviation from the approved plan or non-comptimce of the ' ' ' provision of this Act, Zoning Regulations and building bye~l.a~'S... Existing buildings 13. Nothing in this Act shall require the removal,.alteration or prevent the continuance of use and occupancy of a building lawfully consmJCted and not hazardous to the safety of life and property to the occupants or neighbours .. .. I Inspection during 14. The Authority shall have the power to carry out inspection oft he work construction at various stages to ascertain whether the work is proceeding as per the I provisions of the building bye laws and approved plans. Power to make 15. (I) The State Government may make rules for carrying out the provisions rules of this Act. THE ASSAM GAZETTE. EXTRAORDINARY, MAY 12, 2010 1037 ' 16. Every building bye-laws and rules made under this Act shall be laid as Building bye la~s •nd rules soon as may be after they are made, laid before the Assam Legislative ~laid Srethe Assembly, while it is in session for a total period of fourteen days State Legislature which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Assam Legislative Assembly agrees in making any modification in the rule, building bye-laws or agrees that the building bye-laws or the rules should not be made, the building bye-laws or the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done wider the building bye-laws or the rules. - and saving 17. (1) The relevant provisions of the Guwahati Metropolitan Development Assam Act No XX of Authority Act. 1985 and the Guwahati Municipal Corporation Act, 1987 Assam Act 1971 along with all amendments up to date inconsistent with this Act No lof shall stand repealed with effect from the date from which this Act 1973 - comes into force. _-...-.,. (2) The relevant sections of the Assam Town and Country Planning Act, Assam Act No II of 1959; the Assam Municipal Act, 1956 and the Assam Apartments 1963, Assam Act (Construction and Transfer of Ownership) Act, 2006 along with their No IV of amendments up-to-date and rules and regulations as made therewider 1957,Assam Act No XXl inconsistent \\ith the provisions of this Act shall cease to operate of2007. thin the Gt.Iwahati Metropolitan Area. (3) otwitnstanding any repeal and making inoperative of the relevant i sections referred to in sub-sections(l) and (2) above, anything done or purported to be done or any action taken under the provisions of the said Acts or rules or regulations made thereunder, shall be deemed to have been done or taken wider the corresponding provisions of this Act and all such rules or regulations shall, if not inconsistent with the provisions of this Act continue to be in force till building bye-laws and the rules are made under this Act. An: person aggrieved by any order or action of the Authorities in rcspec~ of planning permit or Building Permit, may prefer an zppea.I St:lte GO\ cmment. tJ!<';,__ _ _ THE ASSAM GAZETIE, EXTRAORDINARY. MAY 12. 2010 1038 19. (1) No suit, prosecution or other legal proceedings shall lie against any Protection of person for anything which is in good faith done or intended to be don'- action taken in good faith. in 1mrsuance of this Act or rules or building bye-laws framed under this Act or order made thereunder. (2) Save as otherwise expressly provided in this Act, no suit or other legal proceeding shall lie against the Authority or the State Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act, rules or building bye-laws framed under this Act or any order made thereunder. MOHD. A. HAQUE, Secretary to the Govt. of Assam. Legislative Depru:tment, Dispur. GUWAHATl -Printed and Published by the Dy. Director (P&S), Directorate of Ptg. and Sty., Assam, Gt. ahau-21 (Ex-Gazette) No. 269-500+600-12-5-2010.