Section 353

Section 353 of the Assam Municipal Corporation Act, 2022. Notwithstanding anything contained in the provisions of this Act in the matter of appeal, an appeal shall lie to the Empowered Standing Committee from- (a) any notice issued or other action taken or proposed to be taken by the Commissioner- (i) under any section of this Act;

(1) Notwithstanding anything contained in the provisions of this Act in the matter of appeal, an appeal shall lie to the Empowered Standing Committee from- (a) any notice issued or other action taken or proposed to be taken by the Commissioner- (i) under any section of this Act;

(ii) under any bye-law concerning house- drainage, or the connection of house- drains, with municipal drains or house- connections with municipal water supply or lighting mains;

(b) any refusal by the Commissioner to grant permission to conduct or reconstruct a building;

(c) any refusal by the Commissioner to grant a permission under any section of this Act; Central Act 45 of 1860.

(d) any refusal by the Commissioner to grant a licence;

(e) any order of the Commissioner suspending or revoking a licence;

(f) any other order of the Commissioner that may be made applicable by rules framed under this Act.

(2) If, on any such appeal the Empowered Standing Committee reverses or substantially modifies any action taken or proposed to be taken by the Commissioner or any order passed by him, he may, within sixty days of the date of receipt of order refer the matter to the Government and pending the decision of the Government on such reference the Commissioner shall not be bound to give effect to the decision of the Empowered Standing Committee. The decision of the Empowered Standing Committee, or where the matter has been referred to the Government as aforesaid, the decision of the Government shall be final.

Provided that notwithstanding any contained in the Act, during the period of supersession, an appeal shall lie before the Administrator under this section as if the appeal has been preferred before the Empowered Standing Committee.

(3) Notwithstanding anything contained in the principal Act, the State Government may, at any time, call for records in any matter from the Corporation and give such order as may be deemed necessary after examination of such records. The order of the State Government, in this regard, shall be final.

(4) In any case in which no time is laid down in the forgoing provisions of this Act, for the presentation of an appeal allowed thereunder, such appeal shall, subject to the provisions of section 5 of the Indian Limitation Act, 1908 be presented- Central Act IX of 1908.

(a) where the appeal is against an order granting a licence or permission, with in thirty days after the date of the publication of the order on the notice board of the Corporation and;

(b) in other case within thirty days after the date of receipt of the order or proceeding against which the appeal is made. Chapter XL Rules and Regulations Powerto make rules.

Section 353, The Assam Municipal Corporation Act, 2022 (Act 8 of 2022).