Section 416 in Gauhati Municipal Corporation Act, 1971
416. Provisions, respecting bye-laws.
(1)Subject to the provisions of this Act the Corporation may, in addition to any by-laws which it is empowered to make by any other provision of this Act, make by-laws to provide for all or any of the following matters, namely -A. Bye-Laws Relating to Taxation(1)The maintenance of tax books and registers by the Commissioner and the particulars, which such books and registers, should contain;(2)the inspection of and the obtaining of copies and extracts from such books and registers, and fees, if any, to be charged for the same;(3)The publication of rates of taxes as determined by the Corporation from time to time;(4)The requisition by the Commissioner of in formation and returns from persons liable to pay taxes;(5)The notice to be given to the Commissioner by any person who becomes the owner or possessor of a vehicle or animal in respect of which any tax is payable under this Act;(6)The wearing of badge by the driver of any such vehicle and the display of number plate on such vehicle;(7)The submission of returns by person liable to pay any tax under this Act;(8)The collection by the Registrar or Sub-Registrar of Gauhati appointed under the Indian Registration Act, 1908, of the additional Stamp duty payable to the corporation under this Act, the periodical payment of such duty to the Corporation and the maintenance by such Registrar or sub-Registrar of separate accounts in relation thereto; and(9)Any other matter relating to the levy, assessment, collection, refund or remission of taxes under this Act.B. Bye-Laws Relating to Water Supply, Drainage and Sewage Disposal.(1)The power of the Commissioner to close water-works for the supply of water, whether for domestic purposes or not, or for gratuitous use and to prohibit the sale and use of water for the purpose of business;(2)The connection of supply pipes for conveying to any premises supply of water from a municipal water-works;(3)The making and renewing of connections with municipal water-works;(4)The power of the Commissioner to take charge of private connections;(5)The power of the Commissioner to alter the position of connections;(6)The equitable distribution of water supplied to occupiers;(7)The size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection or any communication from any municipal water-works and the stamping of pipes and fittings and fees for such stamping;(8)The size, material, quality and description of pipes, cisterns and fitting which are found on an examination under the provisions of this Act to be so defective that they cannot be effectively repaired;(9)The provision and maintenance of meters when water is supplied by measurement;(10)The prohibition of fraudulent and unauthorised use of the water and the prohibition of fraud in connection with metres;(11)The maintenance of pipes, cisterns and other water works,(12)The regulation or prohibition of the discharge or deposit of offensive or obstructive matters polluted water or other polluted and obnoxious matters into sewers;(13)The regulation in any manner not specifically provided for in this Act for the construction, alteration, maintenance preservation; cleaning and repairs of drains, ventilations, shafts, pipes, and latrine the urinals, cesspools and other drainage works;(14)The cleansing of drains;(15)The prohibition of erection of buildings over drains without the permission of the Commissioner;(16)The connection of private drains with municipal drains;(17)The location and construction of cesspools;(18)The covering and ventilation of cesspools;(19)The period or periods of the day during which trade effluent may be discharged from any trade premises into municipal drains;(20)The exclusion from trade effluent of all condensing water;(21)The elimination from trade effluent before it enters a municipal drain, of any constituent which in the opinion of he Corporation would, either alone or in combination with any matter with which it is likely to come into contact while passing through municipal drains, injure or obstruct those drains or make specially difficult or expensive the treatment or disposal of the sewage from those drains;(22)The maximum quantity of trade effluent, which may, without any consent or permission to discharge from any trade premises into municipal drains on any one day and the highest rate at which trade effluent may, without such consent or permission, be discharged from any trade premises into municipal drains;(23)The regulation of the temperature of trade effluent at the time of its discharge into municipal drains and the securing of the neutrality of trade effluent (that is to say, it is neither acid nor alkaline) at the time of such discharge;(24)The charges to be paid to the Corporation by occupiers of trade premises for the reception of trade effluent into municipal drains and disposal thereof;(25)The provision and maintenance of such an inspection chamber or manhole as will enable a person readily to take at any time samples of what is passing into municipal drains from trade premises; and(26)The provision and maintenance of such meters as may be required to measure the volume of any trade effluent being discharged from any trade premises into municipal drains, and the testing of such meters.C. Bye-Laws Relating to Streets(1)The closure of streets when any work is in progress and alternative passage during the progress of such work;(2)The erections of a temporary nature during festivals;(3)The setting up of hoards on buildings adjacent to streets during their construction or repair;(4)The precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original condition;(5)The permission, regulation or prohibition of use or occupation of any street or place by itinerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupations; and(6)Any other mater in connection with the construction, repair, maintenance, naming, numbering and lighting of streets for which provision is necessary or should be made.D. Bye-Laws Relating to Buildings(1)The regulation or restriction of the use of sites for buildings for different areas;(2)The regulation or restriction of buildings in different areas;(3)The form of notice of erection of any building or execution of any work and the fee in respect of the same;(4)The plans and documents to be submitted together with such notice and the information and further information to be furnished;(5)The level and width or foundation, level of lowest floor and stability of structure;(6)The construction of building and the materials to be used in the construction of buildings;(7)The height of buildings whether absolute or relative to the width of streets of different areas;(8)The number and height of storeys composing a building and the height of rooms and the dimensions of rooms intended for human habitation;(9)The provision of open spaces, external and internal and adequate means of light and ventilation;(10)The provision of means of egress in case of fire, fire-escapes and water lifting devices;(11)The provision of secondary means of areas for the removal of house refuse;(12)The material and methods of construction of partition walls, roofs and floors;(13)The position, materials and methods of construction of hearths, smoke-escapes, chimneys, staircases, latrines, drains and cesspools;(14)The provision of lifts;(15)The paving of yards;(16)The restriction on the use of inflammable materials in buildings;(17)The restriction on construction of foundation on certain sites;(18)The measures to be taken to protect buildings for damp arising from sub-soil;(19)The wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings;(20)In the case of wells, the dimension of the well, the manner of enclosing it and if the well is intended for drinking purposes the means which shall be used to prevent pollution of the water;(21)The supervision of buildings;(22)The setting back of garages and shops from the regular line of a street; and(23)The construction of portable structures and permission for such construction.E. Bye-Laws Relating to Sanitation or Public Health(1)The position of latrines and urinals;(2)The provision of air spaces between latrines and buildings or places used for various purposes;(3)The whitewashing of buildings;(4)The provision of living accommodation for sweepers in buildings newly erected requiring ten or more latrines;(5)The regulation or prohibition of the stabling or herding of animals or any class of animals so as to prevent danger to public health;(6)The seizure of owner less animals straying within the limits of the city of Gauhati and the regulation and control of pounds;(7)The fixing and regulation of the use of public bathing and washing places;(8)The prevention of the spread of dangerous diseases;(9)The segregation in or the removal or exclusion from any part of the city or the destruction of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease;(10)The supervision, regulation, conservation and protection from injury, contamination or trespass, or sources and means of public water supply and of appliance for the distribution of water;(11)The enforcement of compulsory vaccination and inoculation; and(12)The proper disposal of corpses, the regulation and management of burning and burial places and other place for the disposal of corpses and fees chargeable for the use of such places where the same are provided or maintained at the expense of the Municipal Fund.F. Bye-Laws Relating to Vital Statistics(1)The prescribing of qualifications of persons to be appointed as Registrars and Sub-Registrars under Chapter XXV; and(2)The registration of births, deaths and marriages and the taking of a census,G. Bye-Laws Relating to Public Safety and Suppression of NuisancesThe regulation or prohibition for the purpose of sanitation or the prevention of disease or the promotion of public safety or convenience, of any act which occasions or is likely to occasion a nuisance and for public safety or convenience, or for the regulation of which no provision is made elsewhere in the Act.H. Bye-Laws Relating to Markets, Slaugher Houses, Trades and Occupations(1)The days on, and the hours during which any market or slaughter-house may be kept open for use;(2)The regulation of the design, ventilation and drainage of markets and slaughterhouse and the materials to be used in the construction thereof;(3)The keeping of markets and slaughter-houses and the lands and buildings appertaing thereto in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matters therefrom and the supply therein of pure waters and of a sufficient number of latrines and urinals for the use persons using or frequenting the same;(4)The manner in which animals shall be admitted in slaughterhouse;(5)The manner in which animals may be slaughtered;(6)The provision of passages of sufficient width between the stalls in market buildings and market places for the convenient use of the public and the prevention of encroachment on such passages;(7)The setting apart of separate areas for different classes of articles in market buildings and market places;(8)The disposal or destruction of animals offered for slaughter which are, from disease or any other cause, unfit for human consumption;(9)The destruction of carcasses which from any disease or any other cause are found after slaughter to be unfit for human consumption;(10)The regulation of the entry of animals into slaughter-house and the bringing out of the carcasses of such animals after slaughter and the fee to be paid for use of slaughter-houses;(11)The proper custody and care of animals for the keeping of which licences are granted;(12)The regulation of the import of animals and flesh within the city;(13)The rendering of necessary licences for use of premises within the city of Gauhati as stables or cow-houses or as an accommodation for sheep, goat or buffalo, and the fees payable for such licences and the conditions, subject to which such licences may be granted, refused, suspended or revoked;(14)The regulation of sarais, hotels, dak bungalows, lodging houses, boarding houses, buildings, let-in tenements, residential clubs, restaurants eating houses, cafes, refreshment rooms and places of public recreation, entertainment or resort;(15)The control and supervision of places where dangerous or offensive trades are carried on so as to secure cleanliness therein or to minimise injurious, offensive or dangerous effects arising or likely to arise therefrom;(16)The regulation of the pasting of bills and advertisements and of the position, size, shade or style of the name boards, sign-boards and sign-posts;(17)The fixation of a method for the sale of article whether by measure, weight, piece or any other method;(18)The procedure regarding the grant of permit to establish a factory, workshop or trade premises;(19)The regulation of smoke in factories, workshops and trade premises;(20)The regulation of sanitary conditions in factories, workshops, and trade premises;(21)The regulation of the use in any factory, workshop or trade premises of whistle, trumpet, siren or horn worked by steam, compressed air electricity or other mechanical means; and(22)The prevention of nuisance in any market building, market place, slaughter-house or any factory workshop or trade premises.I. Bye-Laws Relating to Development(1)The form and content of a development scheme or a rehousing scheme;(2)The procedure to be followed in connection with the framing, submission, approval and sanction of such schemes;(3)The local inquiries and other hearings that may be held before a scheme is framed approved or sanctioned; and(4)The alteration of a development scheme after approval and sanction.J. Bye-Laws Relating to Miscellaneous Matters(1)The prevention and extinction of fire;(2)The circumstances and the manner in which owners of land or building in the city temporarily absent therefrom or not resident therein may be required to appoint as their agents, for all or any of the purposes of this Act or of any bye-laws made thereunder, persons residing within or near the city;(3)The maintenance of schools and the furtherance of education generally;(4)The regulation and control of municipal hospitals and dispensaries;(5)The rendering of necessary licences -(a)For the proprietors or drivers of hackney, carriages, cycle-rickshaws and thelas kept or plying for hire or used for hawking 4½ articles; and
