Section 303

Section 303 of the Assam Municipal Corporation Act, 2022. Every person who exercises or carries in the city, either by himself or by an agent or representative, any of the professions, trades or callings indicated in a schedule as may provided by the Corporation in the bye-laws, shall annually take out a license before the first day of April in each year o

(1) Every person who exercises or carries in the city, either by himself or by an agent or representative, any of the professions, trades or callings indicated in a schedule as may provided by the Corporation in the bye-laws, shall annually take out a license before the first day of April in each year or within one month of his taking up the profession, trade or calling, as the case may be, and pay for the same, such fee as is mentioned in that behalf in the said schedule.

Provided also that the grant of such a license shall not be deemed to affect the liability of the licensee to take out a license under any other section of this Act:

Provided also that the Commissioner may- (a) remit or refund any portion of the fee so payable in respect of the exercise or carrying on of any profession, trade or calling if he is satisfied that the profession, trade or calling has not been exercised or carried on for more than six consecutive months; or de (b) exempt a person, who in the opinion of the Commissioner is unable to pay the fee due for a license, from liability to take out such license, or declare that he shall be entitled to take out a license under a lower class than that under which he is chargeable according to the said schedule;

(c) in any other case exempt any person from liability to take out a license or declare that any person shall be entitled to take out a license under a lower class than before.

(2) The Commissioner may at any time grant a license for any previous year for which no license has been taken out, on payment of the fee which would have been payable therefore in the first instance:

Provided that the production of such a licence shall not afford a valid defence if the licence is prosecuted for failing to take a license within the time required by this Act.

(3) Power of Commissioner to call for list of persons :- The Commissioner may, by written notice, require the owner or occupier of any building or place of business to forward to him within seven days a list, signed by such owner or occupier of the names of all persons exercising or carrying on any professions, trades or calling therein, and of their respective professions, trades, and callings.

(4) Liability and class how to be determined :- The liability of any person to take out a license and the class under which he shall be deemed bound to take out a license, shall be determined in accordance with the bye-laws that may be made in this behalf by the Corporation.

(5) The Corporation may, by notification in the official gazette, from time to time, increase the rates specified in the schedule of trades.

(6) The license s so granted will be non-transferable but on the death of the licensee, the Commissioner may replace the name of legal heir on receipt of application.

(7) The Corporation shall frame rules / bye-laws to carry out the provisions of this Chapter which will prescribe the schedule of trades and fees to be paid annually for such trades:

Provided that till such bye-laws are framed the existing schedule or rates as may be notified by the Municipal Board shall be in force. C. Entry and Inspection The Commissioner or any other officer or employee of the Corporation authorized by the Commissioner in this behalf, or empowered by or under any provision of this Act, may enter into or upon any land or building with or without assistants or workmen, for the purpose of - Power of entry. 304.

(a) ascertaining whether in connection with the land or the building there is or has been any contravention of the provisions of this Act or the rules or the regulations made thereunder, or (b) making such inquiry, inspection, examination, measurement, valuation or survey as may be authorized or required by or under this Act or as may be necessary for the proper administration of this Act, or (c) generally ensuring efficient discharge of the functions by any of the municipal authorities under this Act or the rules or the regulations made thereunder. Power to enter land or adjoining land in relation to any work.

Section 303, The Assam Municipal Corporation Act, 2022 (Act 8 of 2022).