Section 112 of The Assam Municipal (Amendment) Act, 2004 — Provided that no order shall be passed under this section which adversely affects any person unless such person has been given a reasonable opportunity of being heard
Bare section text
Official Legislative Text
Amendment of section 264 Amendment of section 264. 112. In the principal Act, in section 264, for sub-section (1), the following shall be substituted, namely:-
- (1)The Director or the Commissioner or any other officer authorised by the State Government in this behalf may, either of his own motion or on application by any person interested, call for and examine the record of any proceeding under this Act or the rules made thereunder for the purpose of satisfying himself as to the legality or propriety of any decision or order passed by any officer or authority subordinate to him and may pass such order in reference thereto as he thinks fit:
Educational Study Layer
Summary
- The section prohibits passing any administrative order under this provision that negatively impacts a citizen without first conducting a hearing.
- It guarantees a reasonable opportunity of being heard to any person who might be harmed by a prospective order.
- The rule acts as an essential checkpoint to prevent arbitrary or unilateral administrative decisions.
- It requires authorities to issue proper notice to the affected party so they can prepare their defense.
Practical examples
FAQ
1. What does Section 112 of the Act require before an adverse order is issued?
Under Section 112 of the Act, an adverse order can only be passed if the person who will be affected has been given a reasonable opportunity of being heard.
2. Can a municipal body bypass Section 112 of the Act in an emergency?
No, Section 112 of the Act does not contain any emergency exception, so a reasonable opportunity of being heard must always be provided before passing an order that adversely affects someone.
3. Who has the burden of showing that Section 112 of the Act was complied with?
The municipal authority issuing the order holds the burden to show they gave the citizen a reasonable opportunity of being heard under Section 112 of the Act.
Practice Quiz
Q1.The municipal planning office decides to order the immediate closure of a local bakery owned by Vikram for minor parking space violations. Under Section 112 of the Act, what is the required first step before this order is passed?
Q2.An Executive Officer plans to revoke a merchant's trade license. If the officer signs the cancellation order without any prior notice or hearing, what is the legal status of that order under Section 112 of the Act?
Q3.Under Section 112 of the Act, what type of administrative decision triggers the mandatory requirement to hold a fair hearing?
Q4.If a property owner is denied a hearing before their building plan is rejected and an order of rejection is passed, which specific provision of this Act is violated?