Section 230 of The Assam Municipal (Amendment) Act, 2004 — Amendment of section 382

Bare section text

Official Legislative Text

Amendment of section 382.- In the principal Act, in section 382, for the words "two hundred and fifty rupees" appearing in between the words "exceeding" and "for", the words "ten thousand rupees" shall be substituted.

Educational Study Layer

Summary

Amends Section 382 of the principal Act to regulate the time and notice requirements for entering private property.
Dictates that any authorized entry by municipal officers must occur strictly between sunrise and sunset.
Requires that reasonable prior notice must be given to the occupier of an inhabited residential building before entry.
Protects the privacy and security of residents from arbitrary or untimely municipal inspections.

Practical examples

1An inspector from the municipal board wants to inspect a private residential house owned by Mr. Nabajit Das on October 15, 2026, for unauthorized construction. The inspector must arrive between sunrise and sunset and provide a written notice before entering. If the inspector shows up at 9:00 PM without notice, Mr. Das can legally refuse entry.

2The municipal health team needs to enter a vacant commercial warehouse owned by Ms. Priya Baruah to check for sanitary violations. Since the warehouse is not an occupied residential dwelling, the daytime entry requirement still applies under Section 382, meaning they must conduct the inspection during daylight hours after sending a notice to Ms. Baruah's registered address.

FAQ

1. What does Section 230 of this Act amend?

Section 230 amends Section 382 of the principal Act, which governs the timing and notice requirements for municipal officers entering private properties.

2. At what times can a municipal officer enter a private property under Section 382 as amended by Section 230?

Any authorized entry under Section 382 must be conducted between the hours of sunrise and sunset.

3. Is prior notice mandatory before entering an occupied residential building under Section 382 as amended by Section 230?

Yes, Section 382 requires municipal officers to provide reasonable prior notice to the occupier before entering any occupied residential property.

Practice Quiz

Q1.Under Section 382 of the Act as amended by Section 230, an officer of the municipal board wants to inspect a building for structural safety. At which of the following times is entry legally permitted?

Q2.Under Section 382 of the Act as amended by Section 230, what is the notice requirement before entering an inhabited residential dwelling?

Q3.If a municipal officer enters a residential home at 10:00 AM without giving any prior notice to the occupier, does this violate Section 382 of the Act as amended by Section 230?

Q4.Under Section 382 of the Act as amended by Section 230, which of the following is correct regarding entry into a non-residential vacant commercial warehouse?

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