Assam act 017 of 2010 : The Assam Public Works (Regulation of Road Development and Transport) Act, 2010

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THE ASSAM GAZETTE

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EXTRA ORDINARY

PUBLISHED BY THE AUTHORITY

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LEGISLATIVE

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GOVERNMENT OF ASSAM

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ORDERS BY THE GOVERNOR

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DEPARTMENT :: LEGISLATIVE BRANCH

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NOTIFICATION

b c able ►artjie no 8f< s arts The 12th May. 2010

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No.LGL.128/2009/7. -- The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. stft w'

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ASSAM ACT NO. XVII OF 2010

(Received the assent of the Governor on 29th April, 2010)

THE ASSAM PUBLIC WORKS (REGULATION OF ROAD DEVELOPMENT

AND ROAD TRANSPORT) ACT, 2010.

1040 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 12.2010

ACT

to provide for the regulation of road development and road transport Preamble Whereas it is expedient to provide generally for the regulation of road development and road transport for the public such condition as will ensure the maximum efficiency of all means of road transport, and in particular for the prevention of ribbon development along roads in the State of Assam; And whereas it is expedient to enact a consolidated law covering all the facets of road construction and maintenance under the Public Works Department, the local authorities and such other authorities as may be appointed for the purpose by the State Government;

It is hereby enacted in the Sixty-first Year of the Republic of India, as follows Short title, extent

and

commencement

1. (1) This Act may be called as the Assam Public Works (Regulation of Road Development and Road Transport) Act, 2010.

(2) It shall extend to the whole of Assam.

(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.

Definitions 2. In this Act, unless there is anything repugnant in the subject or context, -

(a) "animal" means any elephant, camel, horse, ass, mule, cattle, sheep or goat,

(b) "betterment" when applied to the land means the increase in value of any land arising from the execution in its vicinity of a road development scheme at Dublic expense,

(c) "betterment Tax" means a Tax levied on owners of land on the basis of a percentage of the betterment value of the land;

(d) "building line" means on either side of any road or part of a road as determined by the State Government;

(e) "competent authority" means the State Government or a local authority or any officer of the State Government or local authority, competent to sanction the construction of or repair to a road or bridge;

(f) "control line" means a line on either side of a road or part of a road beyond the building line, as determined by the State Government;

(g) "driver" means in the case of mechanically propelled vehicle, "driver" as defined in clause (9) of section 2 of the Motor Vehicle Act, 1988 and in case of any other wheeled vehicle or conveyance drawn, propelled or driven by 59 oi human being or animals, the person in charge or control of the vehicle for the time being and in the case of an animal, any person dnving, leading, riding or otherwise managing or controlling the animal, and the words "driving" and

"driven" shall be construed accordingly;

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12.201_0 1023 construction enclosing or delimiting or intended to enclose or delimit any land or space, but 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 competent 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 from the average level of ground around and contiguous to the building or as 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 o f 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 us 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;

(10) "building line" means a line which is in the 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 in this Act;

(11) "building permit" means permission accorded by the Guwahati Municipal Corporation or by the other urban local bodies or Panchayats concerned relating to all issues o f construction of building as per provisions of the Master Plan and 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 external 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 o f 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 oniy for shrinkage or temperature changes;

(16) '"coverage" means the percentage ratio of the plinth area of the main and

Assam Act No XX of

1987

1HE ASSAM GAZETTE, EXTRAORDINARY, MAY 12.2010

(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 portion of the building;

(19) "drain-sewerage" means a drain used or constructed to be used for conveying solid or liquid waste matter, excretal or otherwise, to a sewer;

(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;

(21) "dwelling" means a building or portion thereof which is designed for use wholly 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- Total covered area of all floors x 100 ;

Plot area

(23) "floor area" means covered area of a buiiding 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 considered 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 purpose 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 premises 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;

(27) "pathway" means an approach constructed 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, EXTRAORDINARY, MAY 12, 2010

(29) "Planning Permit" means the permission accorded by the Guwahati Metropolitan Development Authority as per the provisions of Master Plan and Zoning Regulations published by the Authority from time to time under the 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;

(31) "repairs" means any renovation applied to any structure, which does not in any way change the specification of the structure but saves the structure from further deterioration;

(32) "road" means and includes any highway, street, lane, pathway, alley, 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;

(38) "to erect" means to construct a building for the first time or to reconstruct an existing building after demolishing it according to some fresh or revised plan;

(39) "water closet" means a privacy with arrangement for flushing the pan with water, but does not include a bathroom;

(40) "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;

(41) "Structural Engineer" shall mean an Engineer with at least 3 years experience in 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 lift and escalators, water suddIv. fire fmhtine drains^ ^oⁿ^e

1025

Assam Act No XX of

1487

1026 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12,2010

(43) "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 which is used for more than one use in different portion of the building;

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 two or multi-familv dwellings, lodging dormitories, apartment houses, flats and hostels.

(b) Institutional Buildings

Institutional buildings ordinarily provide sleeping accommodation for the occupants and specialized non-commercial training centers. It includes hospital, sanatoria, custodial institutions and penal institutions like jails, prisons, mental hospitals and reformatories. These shall include any building used for school, college or day care purposes involving assembly for instruction, education or 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 travel and similar purposes, for example, - marriage hall, theatres, motion picture houses, assembly halls, auditorial libraries, exhibition halls, museums, skating rings, gymnasium, restaurants, dance halls, clubs, passenger stations and terminals or air, surface and other public transportation services, and stadia. These shall include any building used for religious purposes like prayers, puja, worship, religious or spiritual congregation, discourses, rituals and functions.

(d) Commercial Buildings

1'hese 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 transaction of business and / or the

THE ASSAM GAZETTE, EXTRAORDINARY. MAY 12,2010 1027

(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, mills, 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, bams and stables. Storage properties are characterized by the presence of relativity small numbers 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 processing of highly combustible or explosive materials or products which are liable to bum with extreme rapidity and or which may produce poisonous fumes or explosions for storage, handling, manufacturing or processing which involve highly corrosive toxic or noxious alkalis, acids or other liquids or chemicals producing flame, fumes and explosive poisonous, irritant or corrosive gases, and for the storage, handling or processing 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

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1028 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12, 2010

Applicability of the Act

(45) words and expression used in this Act and the building bye-laws framed thereunder but not defined shall have the meanings respectively assigned to them in the Guwahati Municipal Corporation Act, 1971, the Guwahati Metropolitan Development Authority Act, 1985 and the National Building Code of India 2005 as amended from time to time, shall have the meanings respectively assigned to them in those Acts and Code; The Act shall apply to regulate the construction of the buildings as per Planning 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 following manner-

(1) Where a building is intended to be erected, the Act applies to the Planning and Zoning Use. design and construction of the building;

(2) Where the whole or 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 remaining 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 building which is completely self contained with respect to facilities and safety measures required under the building bye- laws;

(5) Where 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 applies to all parts of the building intended to be erected; Provided that nothing in this Act shall apply with respect to removal, alteration or abandonment, prevention of continuance of the use or occupancy of an existing approved building, unless in the opinion of the Authority such buildings constitutes a hazard to the safety of the

Assam Act No 1 of 1973 Assam Act No XX of

1987

THE ASSAM GAZETTE. EXTRAORDINARY, MAY 12,2010 1029

Fr..ining of building bye- laws by the Slate

Government

(1) Notwithstanding anything to the contrary contained in the Guwahati Metropolitan Development authority Act. 1985 and Guwahati Municipal Corporation Act. >9 I the State Government shall frame the building bye-laws to regulate i >e construction of buildings under the jurisdiction of Guwahati Metropolitan Area.

pv The building bye-laws shall contain the matters enumerated herein below;-

P ART-1 (bye-laws 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, street lines and setting back of building from the regular line of the street;

(iii) regulation or restriction of the site for different uses like permissible floor area ratio, coverage, height of building, parking norms and requirement of external open spa e:

(iv) regulation and display of adve. tisement in the interest of amenity, aesthetic or public safety;

(v) regulations in any manne- or specifically provided for in this Act. the erection of any enclosure, w all, fence. tent or other structure or any land within the limits of the Authority;

(vi) land sub-division and layout of public streets;

(vii) regulations for other services like drainage, water supply/sewerage, rainwater harvesting etc. and recycling of used water to be provided in the site as well as in any prescribed area;

(viii) provision of street furniture for physically challenged; <

(ix) period within which the Planning Permit shall be cither granted or refused;

(x) duties md responsibility s of the persons preparing the plan;

(xi) such other matters which are to be or may be required to be made in the bye-laws;

1030 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12, 2010

PART II

(bye-laws 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;

(iv) design of structure for earthquake resistance and retrofitting;

(v) fire and life safety, pollution control, rainwater harvesting, septic tank, sewerage, drainage, garbage disposal, lift, ventilation, water supply, electrical installation, and specification for physically challenged;

(vi) telephone, rooftop transmission and ground based transmission tower, outdoor display structure, hoarding attached to a building;

(vii) laying of cables, conduits, water supply pipes and the like;

(viii) 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 of 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 person preparing the plan;

(xvii) such other matters which are to be or may required to be made in the bye-laws;

THE ASSAM GAZETTE, EXTRAORDINARY, MAY-U ^O K ) 1031

Procedure to be

followed for construction

The procedure regarding construction of buildings and sub-division or transfer of private Iand:-

(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 application shall be accompanied by the plans and confonning to the requirements mentioned in the building bye-laws in quadriplicate in blue or white prints or computer generated prints.

(2) The form 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 Panchayats, as the case may be, within the Guwahati Metropolitan Area.

(3) At first the applicant shall file application form 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 Corporation or other Urban Local Bodies or Panchayats, as the case may be, shall examine 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 Permit 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

1032 THE ASSAM GAZETTE, EXTRAORDINARY. MAY 12.2010

(6) The Guwahati Metropolitan Development Authority. Guwahati Municipal Corporation or other Urban Local Bodies or Panchayat, as the case may be, shall either grant or refuse to grant Planning Permit or Building Permit as the ease may be with period as stipulate in the building bye-laws. In the event of failure of the Authority to grant Planning Permit or the Building Permit within the period stipulated in the building bye-laws, then the 'erinits shall be deemed to have been granted and the applicant may pre- ;ed for execution of the work with an intimation to the Authorities con erned at least 10 (ten) days prior to commencement of the work but not so as to contravene any of the provisions of this Act or any rules 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 documents to faciliate early disposal of cases shall be filled up as provided in the building bye-laws by the applicant.

(7) The following documents shall accompany the application;-

(i) Site Plan :- The site plan shall be drawn to a minimum scale as prescribed in the building bye-laws and to be signed by the applicant and the person preparing (he plan;

(a) the boundaries of the site with dimensions and of any contiguous land belonging to the ownei:

(b) the position of the site in relation to neighboring streets with name o

(c) the position of the building and all other buildings (if any) which the applicant intends o erect upon his land in relation to- (ci) the boundaries of the site and in case where the site has been partitioned, the boundaries of the portion owned by the applicant and also of the portions owned by other owners of that compact plot;

(cii) the means of access from an existing street to the building; (ciii) open space to be left around the building to secure free circulation of air, admission of light and access for scavenging purpose etc;

(iv) scale with north line;

THE ASSAM GAZETTE. EXTRAORDINARY, MAY 12,2010 1033—^T--

(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 all 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;

(d) exact location of essential services such as water closet, sink, bath 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 served privies (if any);

(h) all street elevation;

(i) dimensions of the projected portions beyond the permissible building line i.e. chajja line;

(j) scale 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;

(l) for multistoreyed or highrise buildings an undertaking stating that debris or construction materials wall not be stacked in public places leading to public nuisance. If the Authority finds that the annlicant

1034 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12,2010

(m) detailed parking plan;

(n) space used for storing construction materials during the time of construction;

(o) the owner shall file an undertaking stating that he shall leave and surrender land for road widening, if required and he will not violate any provisions of this Act rules and building bye-laws made under this Act and that in case of any violations, the Authority shall be at liberty to summarily remove such deviations as per Guwahati Municipal Corporation Act, 1971 and Guwahati Metropolitan Development Authority Act, 1985.

(iii) Service Plan Details of private water supply, sewerage disposal 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.

(iv) Ownership D ocum entT itle document to justify the ownership of land. 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 applicant for construction, in the form of an affidavit.

(v) Every person who intends to subdivide or transfer any plot of land within Guwahati Metropolitan Area shall make application to the Authority obtaining permission for sub-devision or transfer of such plot of land. Such application shall be accompanied by the plans and statements together with a development fees as prescribed in the building bye-laws.

(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 accompany the application.

(vii) Repairs : - No such application as provided under section 5 shall be deemed necessary for repairs in any existing building in accordance with the Act.

Assam Act No I of 1973 and

Assam Act No XX of

1987

ASSAM GAZETTE, EXTRAORDINARY, MAY 12,2010 W37

Building bye- laws and rules to be laid before the State

Legislature

16. Every building bye-laws and rules made under this Act shall be laid as soon as may be after they are made, laid before the Assam Legislative Assembly, while it is in session for a total period of fourteen days 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 under the building bye-laws or the rules.

Repeal and saving

17. (1) The relevant provisions of the Guwahati Metropolitan Development Authority Act, 1985 and the Guwahati Municipal Corporation Act, 1971 along with all amendments up to date inconsistent with this Act shall stand repealed with effect from the date from which this Act comes into force.

Assam Act No X X of

1987

Assam Act No I of

1973

(2) The relevant sections of the Assam Town and Country Planning Act, 1959; the Assam Municipal Act, 1956 and the Assam Apartments (Construction and Transfer of Ownership) Act, 2006 along with their amendments up-to-date and rules and regulations as made thereunder inconsistent with the provisions of this Act shall cease to operate

Assam Act No I I of

1963,

Assam Act No IV of 1957, Assam Act No X X I of 2007.

within the Guwahati Metropolitan Area.

(3) Notwithstanding any repeal and making inoperative of the relevant 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 under 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.

Appeal

18. Any person aggrieved by any order or action of the Authorities in

1038 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 12,2010

Protection of action taken in good faith.

19. (1) No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or rules or building bye-laws framed under this Act or order made thereunder.

IO I

(2)

Xl inf bitt' 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 rfuu? n: 7In

ui9iq -I

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 Department, Dispur. GUWAHAT1 - Printed and Published by the Dy. Director (P&S), Directorate of Ptg. and Sty., Assam, Guwahati-21 (Ex-Gazette) No. 269-500+600-12-5-2010.

1036_______ THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12,2010

Assam Act No I of 1973 and Assam Act No X X of 1987 Assam Act No X X I

2007

•

(c) "Part Occupancy Certificate":- Upon the request o f the holder of the Building Permit the Authority may issue a part occupancy certificate for a building or part thereof before completion of the entire work as per Building Permit, provided sufficient precautionary measures are taken by the holder of the Building Permit to ensure public safety and health safety. The part occupancy certificate shall be given by the Authority subject to the owner indemnifying the Authority as per the proforma prescribed in the building bye-laws.

Penalty for

12. (i) Any person who contravenes any of the provisions of this Act or any

violation

requirements or obligation imposed on him by virtue of this Act, roles or building bye-laws framed under this Act or who interferes with or obstruct any person in the discharge of his duties in pursuance of this Act, rules or building bye-laws shall be punishable as per the relevant provisions of the Guwahati Municipal Corporation Act, 1971 or the Guwahati Metropolitan Development Authority Act, 1985 or the Assam Apartment (Construction and Transfer of Ownership) Act, 2006 and relevant Acts governing the local bodies.

(H) Notwithstanding the penalty referred to in sub-section (i) the Authority shall be free to seal a building in the event of any violation of the used and deviation from the approved plan or non-compliance of the provision of this Act, Zoning Regulations and building bye-laws.

Existing buildings 13. Nothing in this Act shall require the removal, alteration or prevent the continuance of use and occupancy of a building lawfully constructed and not hazardous to the safety of life and property to the occupants or neighbours.

inspection during construction

14. The Authority shall have the power to carry out inspection of the work at various stages to ascertain whether the work is proceeding as per the provisions of the building bye laws and approved plans.

Power to make rules

15. (1) The State Government may make roles for carrying out the provisions of this Act.

THE ASSAM GAZETTE, EXTRAORDINARY. MAY 12,2010 1035

Deviation during

construction Withdrawal of application Exemption to Governments Duration of permit

Intimation to the Authority to start

construction Completion and

Occupancy Certificate

If during the construction of a building any departure from the

sanctioned plan is intended to be made, prior approval of the Authority shall be obtained before any change is made.

7. The applicant may withdraw the application and plans any time prior to its approval and such action shall terminate all proceedings with respect to such application, but the fees paid shall in no case be refunded.

8. The Governments both Central and State except the Defence also 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.

9. The building permit once accorded shall remain valid up to two years. Subsequent renewal is permissible for another five years. Jf 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 period of permission, failing which the permission shall be deemed to be cancelled and the processing fees and the building permit fee shall be forfeited.

10. The applicant upon commencement of his work under a Building Permit shall give notice to the Authority that he has started his work and the 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 the registered architect, engineer, structural engineer, as the case may be, who has supervised the construction, shall give notice to the Authority regarding completion of work described in the Building Permission. The completion certificate shall be submitted in the form 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 approved by the Authority for occupation provided the building has

THE ASSAM GAZETTE. EXTRAORDINARY. MAY 12.2010.

•m ii it

1041

(h) "encroachment" means occupation of any road or part there of, and includes, -

(i) the erection of a building or any other structure balconies .porches , chajjas or projections on over or overhanging the road land;

(ii) occupation of road land beyond the prescribed period, if any, by stacking building materials or goods of any other description, for exhibiting articles for sale, by erecting poles, awnings, tents, pandals and other similar erections or by parking vehicles or stabling domestic animals or for any other purposes ;

(iii) excavations or embankments of any sort made or extended on any road land ;

(i) "road" means any public thorough fare , whether a highway , Major District Road, State Highway .Other District Road .village road, rural road,X. . I > ! street, lane, bridle path or a footpath, foot-track, whether surfaced or unsurfaced, whether on land owned by State Government or local authority or on land belonging to a private person over which the public have, or have acquired a right of way by usage and includes,-

(i) the side slope, berm, borrow-pits, footpath, pavements and side drains of any such thorough fare,

(ii) all bridges, culverts, causeways or other road structures, built on or across such thoroughfares;

(iii) the trees, fences, posts and other road accessories and materials and material stacks on the thoroughfare or on land attached to the thoroughfares;

but does not include the national highways as defined under the National Highways Act, 1956;

O') "Road Authority" means,-

(i) the Public Works Department of the Government of Assam responsible for construction, maintenance, development and repair of roads and bridges and any other authority specially appointed for the purpose by the state Government on its behalf;

(ii) for roads maintained by local authority, the local authority or such other authority as may be appointed for the purpose by the State Government on its behalf;

(iii) for Roads not included in clauses (i) and (ii), the authority appointed as such or, if no such appointment has been made, the State Government itself;

(k) "road boundaries" means the boundaries of the road whether visibly demarcated or not, within which the areas of land constituting the road is contained, or land reserved or acquired for widening the road ;

(l) "limited access road" means a road, access to which is permitted only at points specifically provided or agreed to for the purpose by the competent road authority;

(m) "middle of a road" means in relation to any road for the improvement of which plans have been prepared by the road authority, the middle of the road as proposed to be improved in accordance with the plans, and where no such plans have been prepared, the point halfway between the boundaries of the road;

Act

48 01

1956

1042 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 12.2010

Powers and

Functions

Development

and

Maintenance

of Roads and

Bridges

Preparation

of schemes

for road

development

(n) "permit'' means the written permission issued to any person by the Road Authority or by any officer authorised by the Road Authority to issue permission, under section 12;

(o) "prescribed" means prescribed by rules made under this Act;

(p) 'Public Works Department" means the Public Works Department of the Government of Assam,

(q) "standard width of road" means the width of a road between its boundaries as prescribed by the Road Authority;

(r) "State Government" means the Government of Assam;

(s) "survey" includes all operations incidental to the determination, measurement and record of a boundary or boundaries or any part of a boundary and includes a re-survey;

(t) "survey mark" means any mark or object erected, made, employed or specified by a sutvey offi- er to indicate or to determine or to assist in determining the position or level of any point or points;

(u) "survey officer" means any person appointed to be a Survey Officer under this A c t;

(v) "vehicle" means, in case of mechanically propelled vehicle, a "Motor Vehicle or "Vehicle" as defined in clause (28) of section 2 of the Motor Vehicle Act, 1988, and in case of any other wheeled vehicle or conveyance drawn, propelled or driven by human being or animals and shall also include any barrow, sledge, plough, drag or like vehicles;

3. The concern Road Authority shall exercise and discharge throughout its junsdiction powers and functions specified under the provisions of this Act

4. (1) The Road Authority or any officer authorised by such authority may under take a reconnaissance survey in connection with the preparation of a road or bridge scheme and may for this purposes, -

(a) enter upon any land along with his workmen and survey and take measurement and levels on it;

(b) mark such levels, dig or bore into the sub-soil and do all other acts necessary to ascertain whether the land is suitable;

(d) where otherwise survey cannot be completed and the levels taken and the boundaries marked, cut down and clear any part of a standing crop, fence of jungle.

(2) The Road Authority or the authorised official shall, at the time of such entry pay or tender payment for ali necessary damage to be done as aforesaid, and in case of dispute as to the sufficiency of the amount so paid or tendered shall at once refer the dispute to the decision of the Collector or other Chief Revenue Officer of the District, and such decision shall be final.

5. (1) The Road Authority may of its own accord or if expressly requested by the competent authority shall subject to the provisions of this Act and subject to Act

59 ol

1988

THE ASSAM GAZETTE, EXTRAORDINARY MAY 12.2010 1043

Demarcation

of road

boundaries

Annual Check

of the road

boundaries.

Prevention of

ribbon

development

along, and control

of access to roads

Prescription of

building and

Control lines.

such rules as may be framed by the State Government, for this purpose, prepare and submit to the competent authority for sanction, a detail scheme for the construction of a new road or Bridge or the Improvement of or repairs to an existing one.

(2) Such a scheme may provide for, -

(a) the acquisition of any land, which in the opinion of the Public Works Department is considered necessary for its execution;

(b) the laying out or relaying out of all or any of the land so acquired;

(d) the construction or reconstruction of roadway including its widening, levelling, surfacing, sewering, draining, water supply and street-lighting arrangements and painting of road side trees;

(e) the laying of footpath, cycle tracks and special traffic lanes for any kind or class of vehicles, designing and setting of parking bays and petrol filling and service stations, location of advertisement posts and bill boards; and

(f) the layout of access roads at suitable distances connecting the road or the proposed road with adjoining properties.

6. (1) The Road Authority shall have the boundaries of the roads In its charge demarcated with reference tc the authoritative plans maintained by it by planting stones or other suitaole marks of a durable nature at intervals all along the road in such a manner that imaginary line joining such stones or marks shows the road boundary correctly.

(2) Where there are bends or kinks in the road boundary, the stones or marks shall be so located to give the correct configuration of the boundary, if they are joined by straight line.

(3) The boundary stones or marks, which may be given consecutive numbers shall be maintained on the ground as if they constitute part of the road

(4) Where standard widths have been prescribed for any road under Section 8, the distance between the road boundaries so demarcated shall correspond to that width.

7. (1) It shall be the duty of Road Authority to conduct an annual check of the boundaries of roads in its charge with a view to the location of unauthorised encroachments, if any.

(2) When the Road Authority is satisfied that an unauthorised encroachment has been made on roadway land, it shall take immediate steps as specified under Section 13 for removal thereof.

8. Standard width of different classes of roads. One of the most effective method of ensuring that ribbon development does not take place is to acquire a liberal Right of way at the initial stage for which the standard as laid down in Schedule - 1 shall be followed.

9. In order to prevent overcrowding and preserve sufficient space for future road improvements, the minimum standards as laid down in Schedule-ll shall be followed for building lines and control lines. Building lines express the limits beyond which only any building activity may be permitted. Beyond building lines there shall be the control lines beyond which only unrestrained building activity may be permitted.

1044 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 12.2010

Restriction of

building etc in

the area

between the

road and the

building Line.

10. Not withstanding anything co.itained in any other law for the time being in force, it shall be unlawful for any person except the Road Authority or any person working on behalf of the Road Authority,-

(a) to construct or layout any means of access to or from a road;

(b) to erect or re-erect any building or materially alter the outside appearance of any existing building;

(d) to construct form or layout any works:

Provided that this restriction shall not apply to any works necessary for repair, renewal enlargement or maintenance of any sewer, drain, electric lines pipe duct or other apparatus, constructed in or upon the land before the date on which the restrictions come into force or with the consent of the Road Authority.

Restricts,. on

buildings etc.

between the

building lines

and the control

lines.

11. (1) Not withstanding anything contained in any law for the time being in force, no person shall erect or re-erect any building or structure or make or extend any excavation or construct form or layout any means of access to a road upon land laying in between the building lines and control lines determined in respect of the road, except with the previous permission of the Road Authority in writing.

(2) Every person desires of obtaining permission referred to in sub-section (1) shall make an application in writing to the Road Authority in the form prescribed in this behalf to be made available in the concerned office of the Road Authority containing such information in respect of the building, excavation or means of access to which the application relates together with a fee of Rs. 5000/- payable in favour of the Road Authority in such manner as may be prescribed.

(3) On receipt of such application the Road Authority, after making such enquires as it may consider necessary, shall by order in writing, either -

(a) grant the permission, subject to such reasonable conditions, if any, as may be specified in the order; or

(b) refuse to grant such permission.

(4) The Road Authority shall not ordinarily refuse the permission to, -

(a) the erection of a building or structure or the making of or extending an excavation which conforms to the requirements of public health, welfare, safety and convenience of traffic on the adjoining road; or

(b) the re-erection of a building or structure which was in existence on the date on which the restrictions under sub-section (1) came into force, unless such re-erection involved any material alteration to the outside appearance of the building or structure.

(c) the erection of any building or structure which conforms to the Master Plan, published by the competent authority for the time being in force.

(5) When the Road Authority refuse the permission, the reasons there of shall be recorded and communicated to the applicant.

(6) In the event of the refusal, the applicant may submit fresh application for permission to the Road Authority, avoiding the objectionable features on account of which the first application was refused and such a fresh

THE ASSAM GAZETTE. EXTRAORDINARY, MAY 12,2010 1045

applicant shall be considered by the Road Authority as if it was made for the first time.

(7) The Road Authority shall maintain a register with sufficient particulars of all permission given or refusec by it under the section and the register shall be available for inspection free of charge by all persons interested and such persons shall be entitled to take extracts there from

(8) Any person aggrieved by an order under sub-section (3) in granting permission subject to conditions or refusing permission to him, may within 90 days from the date of such order, prefer an appeal before the State Government whose order thereon shall be final.

Prevention of

unauthorised

occupation of

road land and

removal of

encroachments

12. (1) All lands forming parts of a road shall be deemed to be Government land and be deemed to be the State Government property.

(2) No person shall occupy any road land without obtaining the prior permission in writing of the Road Authority or any officer authorised by such authority on its behalf.

(3) Road Authority or the authorised officer may, with due regard to the safety and convenience of traffic and subject to such conditions as may be imposed and subject to such rules and on payment of such rent or other charges as may be prescribed, permit any person, -

(i) to place movable encroachment on any road in front of any building owned by him or makes a movable structure overhanging the road;

(ii) to put up a temporary awning or tent, pendal or other similar erections or a temporary stall or scaffolding on any road; or

(iii) to deposit or cause to be deposited building materials, goods for sale or other articles on any road ;

(iv) to make temporary excavation, for carrying out any repairs or improvements to adjoining buildings:

Provided that no such permission shall be deemed to be valid beyond a period of six months unless expressly renewed by the Road Authority or the authorised officer.

(4) The permission so granted shall clearly specify the date up to which the person is authorised to occupy the road land, the purpose for which occupation is authorised and the exact portion of the land permitted to be occupied and shall also be accompanied by a plan or sketch of that portion of the road, if necessary.

(5) The person in whose favour such permission has been given shall produce the permit for inspection whenever called upon to do so by any official of the concerned Road Authority and shall at the end of the period prescribed in the permit, release the land occupied by him after restoring it to the same state as it was before occupation by him.

(6) The Road Authority or the authorised officer issuing the permission shall maintain a complete record of all such permissions issued and shall also cause a checkup to be made in every case at the expiration of period up to which occupation has been authorised to ensure that the land has been vacated.

1046 THE ASSAM GAZETTE. EXTRAORDINAT ' MAY 12,2010 Removal of

encroachments.

General

provision for

punishment.

Disobedience of

orders, obstruction

and refusal of

supplying

information.

Penalty for

contravention of

restrictions

13 (1) When, as a result of the annual check of road boundaries made, it transpires that an enc< jachment has taken place on road land, any officer authorised in this behalf shall serve a notice in the person responsible for the encroachment or his representative requiring him to remove such encroachment and restore the land to its original condition as it was before such encroachment within the period specified in the notice.

(2) The notice shall specify the road land encroached upon and time limit within which such encroachment shall be removed and shall also state that the failure to comply the order as specified in the notice within the specified period shall render the person liable to prosecution and also to summary eviction.

(3) If the encroachment is not removed by the person or his representative within the time limit specified in the notice and no valid cause is shown by him for non compliance, the concerned Road Authority or the authorised official may prosecute him before the appropriate Magistrate for his having made or caused the encroachment and for his failure to remove it within the specified period

(4) Where the encroachment is petty or of trivial nature, e.g. exposing articles for sale, opening temporary booths for vending etc. the Read Authority or the authorised official may, with the help of the police, if necessary, get it summarily removed without the formality of issuing a notice as required under sub-section (1).

(5) When the encroachment is of a temporary nature and easily be removed but it is not such as can ba described as petty or trivial within the meaning indicated in sub-section the Road Authority or the authorised official may, in addition to or in lieu of prosecuting the person responsible for the encroachment under sub-section (2), get the encroachment summarily removed, with the assistance of police, if necessary.

14. Whoever contravenes any provision of sections 3 to 13 of this Act or any rules made thereunder shall, if no penalty is provided for the offence, be punished with fine, which may extend to five thousand rupees or if having been previously convicted of any offence under this Act with fine which may extend to ten thousand rupees

15. Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction or obstructs any functions that such person or authority is required or empowered under this Act to discharge or being required by or under this Act to supply any information which he fails or supplies any information, which he knows to be false or which he does not believe to be true shall, if no penalty is provided for the offence, be punished with fine which may extend to ten thousand rupees.

16. Whoever constructs or lays out any means of access, erects or re-erects any building or structure in contravention of section 10,11,12 and 13 he shall be punished, -

(a) with fine which may extend to five thousand rupees;

1045

Prevention of unauthorised occupation of road land and removal of encroachments

THE ASSAM GAZETTE, EXTRAORDINARY. MAY 12.2010

applicant shall be considered by the Road Authority as if it was made for the first time.

(7) The Road Authority shall maintain a register with sufficient particulars of all permission given or refused by it under the section and the register shall be available for inspection free of charge by all persons interested and such persons shall be entitled to t.ake extracts there from.

12. (1) All lands forming parts of a road shall be deemed to be Government land and be deemed to be the State Government property.

(2) No person shall occupy any road land without obtaining the prior permission in writing of the Road Authority or any officer authorised by such authority on its behalf.

(3) Road Authority or the authorised officer may, with due regard to the safety and convenience of traffic and subject to such conditions as may be imposed and subjec⁴to such rules and on payment of such rent or other charges as may be prescribed, permit any person, -

(i) to place movable encroachment on any road in front of any building owned by him or makes a movable structure overhanging the road;

(ii) to put up a temporary awning or tent, pendal or other similar erections or a temporary stall or scaffolding on any road; or

(iii) to deposit or cause to be deposited building materials, goods for sale or other articles on any road ,

(iv) to make temporary excavation, for carrying out any repairs or improvements to adjoining buildings:

Provided that no such permission shall be deemed to be valid beyond a period of six months unless expressly renewed by the Road Authority or the authorised officer.

1046 THE ASSAM GAZETTE, EXTRAORDINARY. MAY 12.2010

Removal of

encroachments.

General

provision for

punishment.

Disobedience of

orders, obstruction

and refusal of

supplying

information.

Penalty for

contravention of

restrictions

13 (1) When, as a result of the annual check of road boundaries made, it transpires that an encroachment has taken place on road land, any officer authorised in this behalf shall serve a notice in the person responsible for the encroachment or his representative requiring him to remove such encroachment and restore the land to its original condition as it was before such encroachment within the period specified in the notice.

(4) Where the encroachment is petty or of trivial nature, e.g. exposing articles for sale, opening temporary booths for vending etc. the Road Authority or the authonsed official may, with the help of the police, if necessary, get it summarily removed without the formality of issuing a notice as required under sub-section (1).

(5) When the encroachment is of a temporary nature and easily be removed but it is not such as can be described as petty or trivial within the meaning indicated in sub-section (<'■), the Road Authority or the authorised official may, in addition to or in lieu of prosecuting the person responsible for the encroachment under sub-section (2), get the encroachment summarily removed, with the assistance of police, if necessary.

16. Whoever constructs or lays out any means of access, erects or re-erects any building or structure in contravention of section 10,11,12 and 13 he shall be punished, -

(a) with fine which may extend to five thousand rupees;

— THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12.2010________1047

(b) with further fine which nany extend to one thousand rupees for each day after the first day curing which the offending means of access or structure or work is not removed, demolished or cleared and the site 3 ,rit rnsa not restored to its original condition. Penalty for

unauthorised

occupation of

road land.

17. Whoever occupies or makes any encroachment on any road land in contravention of section 12 or fails to comply with the notice served on him under section 12 for no valid reason, he shall, on conviction be liable to pay. -

(a) a fine which may extend to five thousand rupees for the first offence;

(b) with further fine which may extend to five hundred rupees for each day during which the offending means of access or structure or work is not removed, demolished or cleared and the site not restored to its original position.

Penalty for causing

damage to roads.

18. Whoever in contravention of section 8 wilfully causes or allows any vehicle or animal in his charge to cause any damage to any road, he shall be punished with fine which may extend to ten thousand rupees Power to

compound

offences

19. The Road Authority may either before or after the institution of the proceedings, compound an offence committed under this Act or any rules framed thereunder

Power to arrest

without warrant.

20. (1) A police officer in uniform or other authority authorised in this behalf by the State Government may arrest without warrant, -

(a) any person who being required under the provisions of this Act to give his name and address, refuses to do so, or gives a name or address which the police officer or other authority has reasons to believe to be false; or

(b) any person concerned in an offence under this Act or reasonably suspected to have been so concerned, if the police officer or other authority has reason to believe that he will abscond or otherwise avoid the service of summons.

(2) Police officer or other authority arresting without warrant the driver of a vehicle or animal shall, if the circumstances so require, take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle or animal.

Summary

disposal of

cases.

21. (1) A court taking cognizance of an offence under this Act by issuing summons to be served on the accused person order that he -

(a) may appear by pleader or in person; or

(b) may, by a specified date, prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the court such sum as the court may specify.

(2) Where an accused person pleads guilty and remits the sum specified no further proceedings in respect of the offence shall be taken against him.

1048 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12,2010

Power to make

rules.

22 (1) The State Government may, by notification in the official Gazette, make rules for carrying out the provisions of this Act.

(2) All rules made by the State Government under this Act shall, as soon as may be after they are made, be laid before the Assam Legislative Assembly while it is in session, for a total period of not less than fourteen days which may be comprised in one session or two or more successive sessions, and shall unless some later date is appointed take effect from the date of their publication in the official Gazette subject to such modification or annulments as the Legislative Assembly may, during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.

Repeal and

saving.

Assam

23 (1) The Assam Highways Act, 1989 is hereby repealed A c - Nojcvm

of 1995 ' :ws '. r»o n is-, Tori'*

(2) Not withstanding such repeal, anything done, any action taken, any order, rule, notification made in pursuance of any of the provisions of the said Act shall be deemed to have been done, taken or made under the corresponding provisions of this Act.

Schedule - 1

(See Section - 8)

Standard widths of Different classes of Roads

Class of Roads

Land width in metres

Plain and rolling Country Mountaineous and steep terrain. Rural Areas Urban Areas Rural Areas Urban Areas

Normal Range

Normal Range Normal Exceptional Normal Exceptional

1. National and 45 *30-60 30 30-60 24 18 20 18 State Highways,

2. Major District Road.

25 25-30 20 *15-25 18 15 15 12

3. Other District 15 15-25 15 15-20 15 12 12 9 Road.

4.Village Road 12 12-18 10 10-15 9 9 9 9 N ; B * Range considered less than Normal in exceptional cases.

THE ASSAM GAZETTE, EXTRAORDINARY. MAY 12,2010 1049

Schedule - II

(See Section -9)

Standard for Building Lines and Control Lines Class of Road

Plain and rolling Terrain Mountainous and steep terrain Distance between Building Line and Road Boundary.

Rural Areas Master Plan

Areas / Urban

Areas &

Industrial Areas

Rural Areas Urban Areas

Width

between

Building

Lines

(In Metre)

Width

between

control

lines (in

Metre)

Distance

between Building

lines and

Boundary

(in metre)

t ormal

rr> ;tre)

Exceptional

(in metre)

Normal

(in

metre)

Exceptional

(in metre)

1 National and 60

150 3-6 5 3 5 3 State

Highways. 2. Major District 50 100 3 5 3 5 3 Road. 3. Other District 25/30 35 2.50 5 3 5 3 Road.

4 Village Road 25

- 5 3 5 3 MOHD. A. HAQUE, Secretary to the Govt, of Assam, Legislative Department, Dispur. GUW AHATI - Printed and Published by the Dy. Director (P&Si" (Ex-Gazette) No. 271-5004-600-12-5-2010. Directorate o f Ptg. and Sty., Assam, Guwahati-21