Section 438 in Gauhati Municipal Corporation Act, 1971
438. Appeals from Commissioner to Standing Committee.
- Notwithstanding anything contained in the provisions of this Act in the matter of appeal, an appeal shall lie to the 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 construct or reconstruct a building;(c)Any refusal by the Commissioner to grant permission under any section of this Act;(d)Any refusal by the Commissioner to grant a licence;(e)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.(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 Corporation, and pending the decision of the Corporation on such reference the Commissioner shall not be bound to give effect 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.
