Bare ActsThe Gauhati Municipal Corporation Act, 1969

Section 438

Amendment status not verified — confirm the current text below against the official source.

Notwithstanding anything contained in the from Com- provisions of this Act in the matter of appeal, an ^Standing0 a PPe a ' shall lie to the Standing Committee from— Committee. (a) any notice issued or other action taken or proposed to be taken by the Commissio­ ner— (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 Corr missioner to grant permission to construct or reconstruct a building ; (c) any refusal by the Commissioner to grant a permission under any section of this A ct; (d) any refusal by the Commissioner to grant a licence; (el any order of the Commissioner suspending or revoking a licence; and (f) any other order of the Commissioner that may be made applicable by rules framed under this Act. 3 (2) If, on any such appeal, the 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 such decision, refer the matter to the Corpo­ ration, and pending the decision of the Corporation on such reference the Commissioner shall not be bound to give effect to the decision of the Standing Committee. The decision of the Standing Committee, or where the matter has been referred to the Corporation as aforesaid, the decision of the Corporation shall be final. 235 ^ 7 t Limitation •f time for appeals. 43o In any case in which no time is laid down in the f, regoing provisions of this Act for the presentation of anappeal allowed thereunder, such appeal shall, subject to the provisions of section 5 of the Indian Limitation Act, 1908, be presented— (a) where the appeal is against an order grant­ ing a licence or permission, within thirty days after the date of the publication of the order on the notice board of the Corpora­ tion, and (b) in other cases within thirty days after the date of receipt of the order or proceeding against which the appeal is made. Effect of ab-

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