Section 98
All officers and of t Board and
98. All officers and of t Board and
. , ~mployeea th~ B employees ;lny person. entrusted wtth
fidhih the executiOn of any
ll bdd b y py
of the Bo3:rd function under this Act, shall be deemed to be
bl' 1 hi h f t" 21 to be publac
employees bl'
IC 1
o .
Wit ct
hi
n h
e .
m f t"
J 21 o be publac b
employees.- pu IC 1 .
emp oyees Wit n t . f
e meanmg o t
sec JOn of the Indian penal Code (Central Act XLV of
1960) 1960).
The Board 99. The Board shall be deemed to be a local
~u:;it~authority f for the purposes ofthe Land Acquisition
(Cl Af d h under pp
cen- Act 1894 (Central Act I of 1894) and q
the Local !7" a:t!w~ A Authorities Loaps Act, 1914 (Central Act IX of
1914) central !w~ Author
Act 1914).
9J4 19 of 19J4,
·
Duties or 100.(1) All Local Bodies shall render such
Local !Jodics help and
*th a~istance and furnish such . informati9n *- aaut. p
to the, ·Board and · shall' -. make available for Its inspection .and exaniinati~ · and if necell&ary, prepar,tioit· .. o .. o of ~pies. f from · such ~ecords,_ ma~,. p plan
h -aod -otha1 ~Ocumeiilta, as · · it may
At . r p
requue to diachay
I'J{e its function UDder this· Act.
Without prejudice to the · provisions of sub-section (1), every local body shall ·on demand make available free of cost," certified copies or extracts from assessment lists and other relevent documents in connection with assessment of annual value qf premises and levy of taxes, fees and charges . . .
Without . p prejudice to other provisions of this Act and notwithstanding . anythine contained· in any oth~r law for the time being inforcd, the State · Government may give to any local body such direction as in its opinion may be necessary or expedient for enabling the Board to perform its functions under this Act and thereupon it shall be the duty of the local body to comply with such directions. ·
Aut101. All building plans submitted to a Muni!:':.~..r;~ dpal Corporation, Municipal Board, Town Combuilding f:lunmittce or Development Authority for s::mction shall :-;:/~~conform to the bye-laws of the Board relating to water water supply, drainage, privy and urinal accomo:~rO::.ii;" dation within t!J.e premises and no
hll bid bhh ~u!lding plan with shall be p
sanctioned by the. authorities p
of any laws. Municipal Corporation, Municipal Board, Town Committee or . D Development Authority, unless the same so conforms.
f?etermina-
tloaol the f?etermina-
tloa, ol the vahae of ;:.~~ ;ro-
' vested under Section 18 shall, after notifying the . date and time for the purpose and allowing an opportunity of being heard to .the local authorities or others concerned, shall be determined by the Board, and such determination shall be final subJeCt · to an appeal which may be preferred within thirty days from the date of such determination to such judicial officer of the State Government not below the rank of a District Judge and in such manner as may be prescribed.
l 02 ( 1)
' The value of air properties and assets
The value so determined under sub-section (1) shall · be entered in the Books of the Board as the value on the date· of transfer.
.._ ·o ·ot
· .
..,.
r:s=.i~!
and examination
_
I
I
. · 103. It . s shall · ~ 1 1£. wful . for ·the -W...a11aging
i Direc~or . or . any officer · a&ithorised by . · h gg
him in this behalf .. to enter · into / :pr · upon any · Jand Or building ' within. t the urban . a.;ra l with . or without . g
assistants or . w workmen .· in ' order to niake any enquiry, inspection, measl,lrement Qf . valuation, or to execute any work which _ is autho.r .rised . b by or under this . A Act or which ·it is necessary t() execute for any of the p_urposes or in pursuance of any o( the provisions of this Act or of any rule or regulation · made thereunder ;
Provided that before · entering · upon i)ucn 1and or building, notice of the .intention to · do so shall be given · to the owrier . o or occ'4-pier or both in sucb manner as may be provided by regulations.
( 1) The Managing Director or· an officer ·
(a) inspect and examine any house-drain~ ventilation shaft or pipe, cess-pool, house-gully, privy, urinal or bathing . .. or washing place existing in, or any pipe, tap, fitting or meter :for S!!pply of water to, any premises ; and
. (b) . i if necessary . for the purpose of such inspection and examination, cause the ground or any portion of any house-drain or other work exterior to a building or any portion of . a a building to be opened, broken":J.p or removed :
Provided that in the prosecution of any such inapection and . e examination as little damage as possible shall be done. .
Any ground or any portion of any house drain or other work exterior to a building , or any portion of a building opened, brokenup or removed under (b) of sub-section (1) shall be filled in, re-instated and made good by-.
(a) the owner of the premises at his own cost where the works or things mentioned in clause (a) of sub-section (1) are found on inspection and examination to be riot in good order or condition or
:d
cotlltructedr incontnwention of any o
f hilid of~ r-~ of this Act or any · y
regulation made thereunder', «. of_ an/ other Act, or rule or bye-h~ ~(\e u under the· same' prevailing at the time . of such' constnap.. .
(b) the Board, in other cases.
f
( 3) ,
Where the owner of any premises raises any dispute as to the exis.tence of any of the circumstances referred to in clause (a) of · sub-section (2) he may, within thirty days from the date of r9prc-
( inspec_tion and examination, make a sentation to-. . ·
( (a) the Managing Director, in cases where the inspec
. tion and examination is done by any officer of the Board other than the Managing Director;and
(b) the Board, in · other cases, and the decision of the Managing Director or the Board as the case may be, shall be final.
~ :d M~nagct in ing ·re
for or
e r ·re or t
enforce reor or er.
(1) When any requisition or order is made
Such written objection, if anv, shall be
heard and disposed of by the Managing Director after giving notice to the objector and the order of the Managing Director thereon shall be final.
If the requisition or the order is not com-
plied with within the period specified in the notice -o -or, if an objection has been preferred and disallowed, within such extended time as may be specified in the order of disposal of the objection, the Managing Director may take such measure or cause such works to be executed or such things to be done as may, in his opinion, be necessary for giving due etrect to the requisition · or the order so made, and unless it is . otherwise expressly provided in this
•
Act or in any regulation made thereunder, the expenses thereof shall be paid· by afiy one of the persons to whom such requisition or order was addressed and shall be recoverable as arrears of. watercharge. ·
The Managing Director may take any measure under sub -section (3), whether or not the person who ?as. failed to comply with the requisition or order ts hable to punishment or has been pu,secuted or sentenced to any punishment under this Act or any regulation made thereunder for such failure.
~ron· 106. ( 1) The compensation payable under Sections · 62, 65, 76 and 81 shall be determined by the Manag-· ing Director or any otJ.er officer authorised by him in this behalf in such manner as may be prescribed; provided that where the amount of claim exceeds rupees twenty-five thousand, the Managing Director shall refer the claim to the Board which shall then determine compensation in such manner as rna y be prescribed.
Where several persons claim to he entitled to the compensation, the Board; the. Managing Director or the officer, as the case may be, determining the amount of compensation under sub-sec-· tion (1) shall determine the persons who in its or his.' ' opinion, are so entitled and apportion the amount among them.
Determination of the amount of compen-
API*L
(1) Any person aggrieved' by· an' order of
under sub .. .. s section (2) ofthe said section may, · within sixty days" from . the date of such order, prefer an appeal to such authority as may be appointed by the State Government by notification.
No person shall be appointed under subsection (1 · ) as an authority to hear appeals unless he is or has been a judicial officer for at least 10 years.
Appeals under sub-section (1) shall be filed and heard in such mai1ner as may be prescribed.
of obstructioft;
Prohibition 108. (1) No person shall, in any way, obstru.ct
d ·
i tru
d ·
any Director d
officer or employee of the Boar m the discharge' of any duty or the exercise of any power under this Act.
(2J No person shall obstruct any perS<Jn with whom the Board has entered into a contra.ct, in the performance or execution by such person of his duty under, or in doing anything whi<;h he is empowered to do by virtue of, or in consequence of, this Act or any rule or regulation made thereunder.
Rcpeald and 109. With effect from the date of vesting in the
d f f h f 1 amen ment. 10
B d
oar . With e
f f
anyo fect from
h .
e serv1c e
f st
1
y d
oar f
o f
anyo h . f
t e serv1ces o 1
water supp y,sewerage anr. drainage in any area, the provisions of the Assam Municipal Act, 1956 or the Guwahati Municipal Corporaticm Act, 1969 or any other Act for the time bei11g in force relating to such services shall stand repealed in the area.
II 0. (1) It shall be the duty of every Police
Dude· or PoUce Offi- Officerc:en.
(a) to co-operate with the Board for carrying into effect and enforcing the provisions of this Act or any rule or regulation or scheme
made thereull.der;
(b) to communicate without delay to the proper tion, Which such police officer received, of design to commit, or of the oommissi()n of, anyoffenceagainst this Act or any rule or
officer or employee of the Board any informaa regulation or scheme made there under; and
4
Arrest of offenders.
Offence• by
Companies. under ()
this Act is a Company, every person, who at the time the offence was committed was in-charge of, and was responsible to, the company for the ccnduct of the bminess of the cempany as well as the compar..y, shall be deemed to be guilty c.f the offence, and shall be liable to be proceeded ag"-inst c.nd punished accc · rdingly :
(c) to as.sist the Board or any officer or employt:e
of the Board reasonably demanding the aid of such police officer for the lawful exercise cf any power vesting in the Board or any such vfficer or employee under this Act or any rule or regulation or scheme made thereunder.
Any police officer Who omits or refuses to perform .any duty imposed on him by this Act, shall under
be deemed to have ccmmittc.d the offence the relevant provisions of · · Assam Pclice Act.
The State Gc.vernment may empower' any officer vr staff or any clgss of dficer cr staff of the Board to exercise the powus c,f a · p0Hce officer for the purpcses of tbis Act.