Section 263

Section 263 of the Assam Municipal Corporation Act, 2022. Subject to the provisions of section 259 of the Act, the Commissioner shall sanction, or provisionally sanction, the erection of a building or the execution of a work within the Municipal Corporation area, unless such building or work would contravene any of the provisions of this Act or any rules m

(1) Subject to the provisions of section 259 of the Act, the Commissioner shall sanction, or provisionally sanction, the erection of a building or the execution of a work within the Municipal Corporation area, unless such building or work would contravene any of the provisions of this Act or any rules made under this Act.

(2) The sanction for erection of a building or execution of a work may be refused on the following grounds, namely :- (a) that the building or the work or the use of the site for the building or the work or any of the particulars comprised in the site plan, ground plan, elevation, section or specification, would contravene the provisions of this Act or the rules or the regulations made thereunder or of any other law for the time being in force or any scheme sanctioned thereunder, (b) that the notice for sanction does not contain the particulars, or is not prepared in the manner, required under the rules or the regulations made in this behalf under this Act, (c) that any information or document, required by the Commissioner under this Act or the rules or the regulations made thereunder, has not been duly furnished, (d) that the building or the work would be an encroachment on the State Government land or land vested in the Corporation, and (e) that the site of the building or the work does not abut on a street or projected street and that there is no access to such building or work from any such street by any passage or pathway appertaining to such site.

(3) Notwithstanding anything contained in this Act, the Commissioner may, while granting permission under this chapter, specify such special conditions, relevant to each case, regarding disposal of solid, liquid or gaseous wastes or for parking of vehicles or for loading or unloading of goods or for abatement of nuisance of any kind whatsoever as he deems fit.

(4) The Commissioner shall communicate the sanction or the provisional sanction to the person who has given the notice under section 259 or section 260 of the Act, and where he refuses sanction or provisional sanction, either on any of the grounds specified in sub-section (2) above, he shall record a brief statement of his reasons for such refusal and shall communicate the refusal along with the reason therefor to the person who has given the notice.

(5) The sanction, or the provisional sanction, or the refusal of sanction, to the erection of a building or the execution of a work shall be communicated in such manner as may be prescribed and, in the case of sanction or provisional sanction to the erection of a building, the occupancy or use group shall be specifically stated in such sanction. Sanction or provisional sanction accorded under misrepresentation.

Section 263, The Assam Municipal Corporation Act, 2022 (Act 8 of 2022).