.....if he is of the opinion that the particulars and information furnished in the application do not fulfill the requirement as laid down in the Act and rules made thereunder for reasons to be recorded in writing. (3) On refusal to grant permission under sub-section (2), the Director shall communicate the same to the applicant stating the reason therefor. (4) In the event of refusal to grant permission under sub-section (2), the aggrieved individual, association of individuals, Non-Government Organization, society or trust, may prefer an appeal before the State Government whose decision thereon shall be final. (5) The permission granted under sub-section (2) shall remain valid for a period of two years within which the applicant shall establish the institution and register the same before the Director. (6) If for any reasons which the Director considers to be genuine after an application being made in this behalf by the applicant who has failed to establish the institution within the stipulated period of two years, the Director may grant extension of the time for a further period which shall not exceed one year in all, within which the applicant shall establish and.....
List Judgments citing this section.....in such manner as may be prescribed that he intends to submit the property wherein the apartment is or to be located, to the provisions of this Act. Section 3 - Definitions In this Act unless the context otherwise requires- (a) "apartment" means part of a property intended for any type of independent use, including one or more rooms or enclosed spaces located on one more floor or part or parts thereof in a building intended to be used for residential, commercial or business or such other type of independent use as may be prescribed and with a direct exit to a public street, road, or highway or to a common area leading to such street, road, or highway; (b) "Association of Apartment Owner" or "Society of Apartment Owner" means the Association formed in accordance with the provisions made in the bye-laws; (c) "building" means any construction for whatsoever purpose and of whatsoever materials and every part thereof, whether used as human habitation or not and includes plinth walls, chimney, drainage work, fixed platforms, verandah, balcony, cornice or projection or anything affixed thereto or any walls, earth bank, fence or other construction enclosing or delimiting.....
List Judgments citing this section.....marks or sign board etc. in the Designated Area concerned indicating that the area is a Designated Area declared under Section 4 of the Act. Section 5 - Constitution of advisory Committees (1) The Government may, by notification in the Official Gazette, with effect from the date specified therein constitute the following two Advisory Committees, one in respect of the Kamrup (Metropolitan) District and other for the rest of the districts where this Act is applicable to be called the Hill land and Ecological Sites (Protection and Management) Advisory Committee with the following, namely-- (a) The Advisory Committee for the Kamrup (Metropolitan) District-- (i) Commissioner of Lower Assam Division Chairman (ii) Deputy Commissioner Kamrup (Metro) District Member-Secretary (iii) Sitting Members of Parliament Guwahati Constituency Member (iv) Sitting Members of Legislative Assembly Kamrup (Metropolitan) District Member (v) One Representative of Soil Conservation Department Member (vi) One representative of Environment & Forest Department Member (vii) Director of Land Records & Surveys .....
List Judgments citing this section.....Committees under this Act.- Where any authority or Committee or officer or member of such authority or Committee contravenes any provision of this Act or any rule made thereunder concerning recognition of forest rights, it, or they, shall be deemed to be guilty of an offence under this Act and shall be liable to be proceeded against and punished with fine which may extend to one thousand rupees: Provided that nothing contained in this sub-section shall render any member of the authority or Committee or head of the department or any person referred to in this section liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 8. Cognizance of offences.- No court shall take cognizance of any offence under section 7 unless any forest dwelling Scheduled Tribe in case of a dispute relating to a resolution of a Gram Sabha or the Gram Sabha through a resolution against any higher authority gives a notice of not less than sixty days to the State Level Monitoring Committee and the State Level Monitoring Committee has not proceeded against such authority. .....
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