Amendment status not verified — confirm the current text below against the official source.
The Act shall apply to regulate the construction of the buildings as per Planning Permit and Building Permit accorded to the concerned applicant by the Guwahati Metropolitan Development Authority and the Guwahati Municipal Corporation respectively and use of the site of the building under the jurisdiction of the Guwahati Metropolitan Area in the f~Howing manner:- (1) Where a building is intended to be erected, the Act applies to the Planning and Zoning Use, design (lnd construction of the building; (2) Where the whole o.r any part of the building is intended to be removed, the Act applies to the whole building whether removed or not; (3) Where the whole or any part or the building is intended to be demolished, the Act applies to any remailling part and to the work · involved in the demolition; (4) Where a building is intended to be altered, the Act applies to the whole building whether existing or new save and except that part of bll;ilding which is completely self contained with respect to facilities and safety measures required under the building bye- Jaws; (5) wpere the occupancy of a building is intended to be changed, the Act applies to all parts of the building affected by the change; (6) Where a building has been demolished by the Authority, the Act applies to all parts of the building intended to be erected; Provided that nothing in this Act shall apply with respect to removal, alteration or abandonment, prevention of continuance of the use or occupancy of an existing approved building, unless in the opinion of the Authority such buildings constitutes a hazard to the safety of the adjacent property or the occupants of the building itself; I i ~ ! -Assam ~ Act No f Fr of 1973ft bu H 1a, Assam n1 5t~ ActNo ,!Ai XX of ~ 1987 2 ll g ~ Ji ~ l <\ssam ~ct No I of 19'73 Assain 'c ·~ Act i\o t •nmcni XX of 1987 THI:- ASSAM GAZETTE, EXTRAORDINARY.._MAY 12, 2010 1029 -1. (1) Notwithstanding anythrn~ to !he contrary contained m the Guwahati Metropolitan Development \uthority Act. 1985 and Guwahati Municipal Corporation Aci. 19 I the State Government shall frame the bwkling bye-laws to regulatt: i .\! construction of buildings under the jurisdiction of Guwahati Metropc.litan Arca. (2) The building bye-laws shall ct·;1tain the matters enumerated herein below:- PART-( (bye-la'\vs to be framed relating to Planning Permit) (i) form of application together with plan, service plan for planning permit and land sale or transfer permit and the requirement of different fees and penalty for deviations and other documents to accompany an application_; (ii) width for different classes of public streets according to the nature of traffic to be carried thereon, ,,;treet lines and setting back of building from the regular line of the street: (iii) regulation or restriction of the site for different uses like pennissible floor area ratio, coveragt,, height of building, parking nom1s and requirement of external open space; (iv) regulation and display cf advt:: tisem.ent in the interest of amenity, aesthetic or public safety; (v) regulations. in any manner or spe~, ifically provided for in this Act, the erection of any enclosure, wall, fo.tce, tent or other structure or any land within the limits of the Authority; (vi) land sub-division and layout of pubtc streets; (vii) regulations for other services like drainage, water supply/sewerage, rainwater harvesting etc. and recycling of used water to be provided in the site as well as in any pre~cribed area: (viii) provision of street furniture fct" physically challenged; (ix) period within which th·~ Planning Pcnnit shall be either granted or refused; (x) (xi) duties and responsibilities of tlie persons preparing the plan; such other matters which are to be or may be required to be made in the bye-laws: , i I -"-'l 0=3'"""0 __ __.;T'"""H=E=.......:A-==S=SA'"""'M'-'-=-G=""-"A=ZE="'TT..:....::....::E=· ,--=E=X"""'T::...::RA=O=RD=lN=-=-A=R'"""'Y ....... _..M~A~Y_l~2 ......... _20"-"1 ...... 0 ___ <---i PART II (bye-1aws to be framed relating to Building Permit) (i) form of application, specification of plans of building, site plan, service plan and documents to accompany an application, requirement of different fees and penalty for deviation; (ii) standard of all classes of building classified on the basis of use, floor area ratio, coverage, setbacks, height of building relation to street, plot size for different classes of building, parking norms; (iii) technical specification of different classes of building and structures and general structural safety like earthquake, cyclone, landslide etc; and seismic strengthening of retrofitting; J_vii) (vi~i) (ix) (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (~vii) design of structure for earthquake resistance and retrofitting; fire and life safety, pollution control, rainwater harvesting, septic tank, sewerage, drainage, garbage disposal, lift, ventilation, water supply, elect.rical installation, and specification for physically challenged; telephone, rooftop transmission and growid based transmission tower, outdoor display structure, hoarding attached to a building; laying of cables, conduits, water supply pipes and the like; green building and recycling of used water to be provided in the building; requirements for special and lifeline buildings; requirements and specifications for physically challenged in the building; stacking of materials of construction; restriction on use qf inflammable material in the buildings; supervision and proof checking of structural design of buildings; period within which the Building Permit shall either be granted or refused; inspection, completion, occupancy of the building and forms required for issuing completition certificate, occupancy certificate of the building; duties and responsibilities of ~:;erson preparing the plan; such other matters which are to be or may required to be made in the bye-laws; I ' 4 -~ Procedure to be followed for constructioo THE ASSAM GA.ZETTE. EXTRAORDINARY, MAY 12, 2010 1031 s. The procedure regarding constrnction of buildings and sub-division or transfer of private land:- ( 1) Every person who intends to erect or re-erect or make material alteration : in any place in a building or part thereof, within the jurisdiction of Guwahati Metropolitan Area, shall make an applicable in the form prescribed for the purpose in the building bye-laws to the Chief Executive Officer, Guwahati Metropolitan Development Authority, and such appli'cation shall be accompanied by the plans and conforrr.iing to the requirements mentioned in the building ·bye-laws in qua<:J:riplicate in blue or white prints or computer generated prints. (2) The fonn to be prescribed under sub-section (1) shall be of two parts being the "Part-I" for Planning Permit and Part-II for construction of "Building Permit". The Planning Permit shall be issued by the Guwahati Metropolitan Development Authority and Building Permit shall . be issued by the Guwahati 'Municipal Corporation, or other Urban Local Bodies or Pancfiayats, as the case may be, within the Guwah°'iti Metropolitan Area. (3) At first the applicant shall file application fonn to the Guwahati Metropolitan Development Authority .with requisite processing fee for obtaining Planning Permit. The officials of Guwahati Metropolitan Development Authority shall verify and examine the application promptly with regard to the Planning and Zoning Regulations and forward the Planning Permit with such modifications as may be required, to the Guwahati Municipal Corporation or other Urban Local Bodies or Panchayats as the case may be~ with an intimation to the applicant. ( 4) The Guwahati Municipal C:orporation or other Urban Local Bodies or Panchayats, as the case may be, shall ~xamine the proposal as per provisions of the building bye-laws and other Acts and Rules for the time being in force and if satisfied, issue the Building Pennit on receipt of such fees as prescribed in the building bye-laws. (5) After approval of Planning Permit, one copy shall be retained in the office of the Authority for record and the other three copies shall be forwarded to the Guwahati Municipal Corporation or other Urban Local Bodies or Panchayats, as the case may be, along with the relevant papers with intimation to the applicant. 1032 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 12 2010 (6) The Guwahati Mcrropvlit.in Development Authority, Guwahati Municipal Corporation ,)r other Urban Local Bodi~s or Panchayat, as the case may be. shall eith<?r ~rai.t or refuse to grant Planning Permit or Building Permit as the ;;n-,c may be wi_th period as stipulate in the building bye-laws. In the e\ei1l of failure of the Authority to grant Planning Pe1mit or the Building Permit within the period stipulated in the building bye-law~. then the permits shall be de~med to have been granted and the applicant may pn.; ··~ed for e~~qutiQn of the work with an -intimation .to the Authorities con·'.erned at l~ast 10 (ten) days prior to commencement of d~e work but .not so as to contravene any of the provisions of this Act or any ruJes or building bye-laws made under this Act. Explanation:- Format of Application to erect or re-erect or make material alteration in a I i II I • n building as required along with a checklist to ensure complete submission of docwnents to faciliate early disposal of cases shall be filled up as provided in ! the building bye-laws hy the ~pplic .. mt. I ~ • (7) The following documents shall accompany the application:- ~ (i) Site Plan :- The site plan shall be drawn to a minimum sc.ale as tJrescribed in the building bye-iaws and to be signed by the ' applicant and the per::;o1.1 preparing the plan; (a) the boundaries of the site with dimensions .and of any contiguous land belonging to the owne1: (b) the position of the site in rei.1tion to neighboring streets with name of the street on which the bui tding is situated; (c) the position of the buiiding and all other buildings (if any) which the applicant intends ·o erect tipon his land in relation to- (ci) the boundaries of the site and in case where the site has been partitioned, the boundaries of the portion owned by the applicant and also of the portions owned by other owners of th~'l.t compact plot; ( cii) the means of acce~~ from an existing street to the building; (ciii) open space to be left nw1md the bl~ilding to secw-e free circulation of air, admissjon of light and access fr·r scavenging purpose etc; (iv) scale with north line; ! ~ II I I ' I THE ASSAM GAZETTE, EXTRAORDINARY, MAY 12. 2010 1033 (v) plot area, plinth area, each floor area; (vi) location, name and width of each adjacent road or lane; (vii) such other particulars as may be prescribed in the building bye-laws. (ii) Building Plan ;" The detailed plans, used of the building and elevation and sections sent with the application shall be accurately drawn to a scale as prescribed in the building bye-laws and duly signed by the applicant and the person preparing the building plan.. Adequate arrangement for proper drainage shall also be made .. The plan. shall include,- (a) complete layout plan of the area or areas showing location and width of all streets dimensions, sizes and uses of all the plots; (b) plans of aD floors, accessory buildings and basement plan. Such drawings shall fairly indicate the size of rooms, size of windows and ventilators, size of door opening and stair runs; (c) location of drains, sewers, public utility, electric Imes, services, transformers; ( d) exact location of essential services such as water. closet, sink, ~~th etc; ( e) proposed and existing works should be clearly indicated in different colours (other than red) or in marking; (f) sectional drawings showing clearly the sizes of footings thickness.of basement walls if any, all roof slabs and floor slabs, ceiling heights and parapet height with their materials. The section shall indicate the drainage and slope off the roof. At least one section shall be taken through the staircase; (g) details of se!"Ved privies (if any); (h) all street elevation; (i) dimensions of the projected portions beyond the permissible buiJ4ing line i.e. chajja line; (j) scaie with north line; (k) the existing ground level of the plot and proposed ground level in relation to abutting road level to be clearly mentioned in drawing; · v01) for multistoreyed or highrise buildings an undertaking· stating that .....___.._ --- - - --- - - _) debris or construction materials will not be stacked in public plfl:ces -~---·-......_.__.---- leading to public nuisance. rn the Authority finds that the applicant.. _. -------' caused nuisance to·· public while executing construction uecessacy ---·--·-- -··-·-- --- -·· fine be imposed as per_provisions in the byelaw; -- 1034 THE ASSAM GAZETfE, EXTRAORDINARY, MAY 12, 2010 (m)detailed parking plan; (n) space used for storing construction materials during the time of construction; ( o) the owner shall file an m1dert~~tating that he shall leave and --~ - ·-~· -. --·- surrender land for road widening, if required and he will not violate '--any prov1sions efthi~~t ~-;· and building bye-laws made under this Act and that in case of any violations, the 'Authority shall be at liberty to summarily remove such deviations as per Guwahati Municipal Corporation Act, 1971 and Guwahati Metropolij:an Development Authority Act, 1985. (iii) Service Plan :- Details of private water supply, sewerage disposal system and details of building services, where required by the Authority shall be made available to a scale as provided in the building bye-laws. (iv) Ownership Document:- Title document to justify the ownership ofland. In case land is not owned by the applicant, lease deed/sale deed/Power of Attorney or a No Objection Certificate by the co-owners for allowing applicant for construction, in the form of an affidavit. (v) Every person who intends to subdivide or transfer any plot of land within Guwahati Metropolitan Area shall make application to the Authority obtaining permission for sub-devision or transfer of such plot of land. Such application shal I be accompanied by the plans and statements together with a development fees as prescribed in the building bye-laws. (vi) Application for alteration :- When the application is only for an alteration of the building, only such plans and statements as may be necessary shall accomp_any the application. (vii) Repairs : - No such application as provided under section 5 shall be deemed necessary for repairs in any existing buildfug in accordance with the Act. J 8 I I ~ ~ { , ~ • f Assam I Act No 1 a f of1973 ! and • Assam ~ e Act No , XX of • IQR7 I lj ~ ~ ~ t I I l f ~ ' , ~ ij I i I I i ; • ~ ; ~ ~ , I i THE ASSAM GAZETTE, EXTRAORDINARY,_ MAY 12, 2010 1035 . . . D t \ 1ation