Section 269

Section 269 of the Assam Municipal Corporation Act, 2022. Construction of building in contravention of the provisions of the Act or the rules made thereunder.

Construction of building in contravention of the provisions of the Act or the rules made thereunder.

(1) Notwithstanding anything contained in this Act or the rules made thereunder or in any other law for the time being in force, any person, who, being responsible, by himself or by any other person on his behalf, so constructs, or attempts, or conspires, to so construct, any new building or additional floor or floors of any building, in contravention of the provisions of this Act or the rules made thereunder, as endangers, or is likely to endanger, human life, or any property of the Corporation, whereupon the water-supply, drainage or sewerage or the road traffic is disrupted or is likely to be disrupted or is likely to cause a fire hazard, shall be punishable with imprisonment of either description for a term which may extend to five years and also with fine which may extend to a sum as may be prescribed.

(2) The offence under sub-section (1) above shall be cognizable and non-bailable within the meaning of the Code of Criminal Procedure, Central Act 2 of 1973. 1974. Power of 270. Commissionerto require alteration of work.

(1) The Commissioner may, at any time during the erection of any building or the execution of any work or at any time within three months after the completion thereof, by notice, in writing, specify any matter in respect of which such erection or execution is without, or contrary to, the sanction referred to in section 263 of the Act or is in contravention of any condition of such sanction or of any of the provisions of this Act or the rules or the regulations made thereunder and require the person who gave the notice under section 260 or section 261 of the Act or the owner of such building or work either - (a) to make such alterations as may be specified by the Commissioner in the notice with the object of bringing the building or the work in conformity with such sanction or such condition of such sanction or the provisions of this Act or the rules or the regulations made thereunder, or lia Cesulations made (b) to show cause, within such period as may be stated in the notice, why such alterations should not be made.

(2) If such person or such owner does not show any cause as aforesaid, he shall be bound to make the alterations specified in the notice.

(3) If such person or such owner shows the cause as aforesaid, the Commissioner shall, by order, either cancel the notice issued under sub-section (1) above or confirm the same subject to such modifications as he thinks fit.

(1) Every person giving a notice under section 260 or section 261 of the Act or every owner of a building or work to which such notice relates shall, within one month after the completion of erection of such building or execution of such work, deliver or send or cause to be delivered or sent to the Commissioner a notice, in writing, of such completion accompanied by a certificate in the Form specified in the rules made in this behalf and shall give to the Commissioner all Completion certificate. 271. necessary facilities for inspection of such building or work. Occupancy.

(2) No person shall occupy, or permit any other person to occupy, any such building or use, or permit any other person to use, any building or a part thereof affected by any such work until permission has been granted by the Commissioner in this behalf in accordance with the rules and the regulations made under this Act:

Provided that if the Commissioner fails, within a period of thirty days of receipt of the notice of completion, to communicate his refusal to grant such permission, such person may make a representation in writing to the Mayor. B. General Powers Building at corners of streets.

Section 269, The Assam Municipal Corporation Act, 2022 (Act 8 of 2022).