Bishnu Prasad Das and Ors. v. State of Assam and Ors.
2014-09-26
A.K.GOSWAMI, K.SREEDHAR RAO
body2014
DigiLaw.ai
A.K. Goswami, J. The instant Public Interest Litigation (PIL) was filed by a few residents of a locality in Guwahati, known as Narayan Nagar, with the primary allegation that the respondent No. 6, namely, Haryana Charitable Trust (Haryana Bhawan),'was letting out the Bhawan for hosting events like wedding and birthday parties, political meetings, religious functions, school functions and entertainment programmes without having any valid trade licence from the Gauhati Municipal Corporation ('GMC') since 1.4.2012. 2. The present petitioner Nos.l to 6 had earlier filed a PILX numbered as PIL No. 67/2011, with the grievance that the GMC had failed to look into their grievances put forward by way of a representation dated 19.1.2011, wherein, allegations of pollution caused by respondent No.6 was highlighted. By an order passed on 22.12.2011, this court directed the Commissioner, GMC to take a decision on the representation of the petitioners, in accordance with law, as far as possible, within 3 (three) months from the date of receipt of the copy of the said order. Thereafter, the Commissioner, GMC passed an order on 21.3.2012, holding that as the Bhawan had obtained a trade licence from the GMC for using the same as Bibah Bhawan, the use of the premises for holding functions or marriages is permissible, subject, however, to the norms of-the GMC. The operative portion of the said order dated 21.3.2012 is as follows : "Taking into consideration the-alleged nuisance caused-by the Bhawan, it is hereby ordered that henceforth, Haryana Bhawan will dispose of all used plates etc. in the nearest dustbin in ah orderly manner. Violation of the same .will entail penalty under the relevant byelaws of the Corporation and revocation of Trade Licence. It will also take effective steps to stop bursting of crackers and reduce noise levels after 7.00 p.m. so that the neighbourhood is not disturbed. It is further ordered that Haryana Bhawan will submit a certificate within seven days from the Superintendent of Police (Traffic), Guwahati as to whether there is enough parking space for the Bhawan to hold functions and also as to whether there is enough space for free flow of traffic. The trade licence issued to Haryana Bhawan will be reviewed on submission of the aforesaid certificate from the Superintendent of Police (Traffic), Guwahati." 3.
The trade licence issued to Haryana Bhawan will be reviewed on submission of the aforesaid certificate from the Superintendent of Police (Traffic), Guwahati." 3. The specific grievance of the petitioners in the instant PIL is that the trade licence in favour of the respondent No. 6 was not renewed from 1.4.2012 and it had not submitted certificate from the Superintendent of Police (Traffic) indicating whether there was enough parking space for the Bhawan to hold functions and to whether there was enough space a for free flow traffic, as directed by. the order dated 21.3.2012, but, nonetheless, the respondent No. 6, in connivance with the authorities of the GMC, was allowed to carry on its activities without any trade licence. 4. On 2.12.2013, while issuing notice returnable on 24.1.2014, this court directed the respondent No. 6 not to host or organize any function within the premises of Haryana Bhawan and also directed the GMC and the District Administration to ensure strict compliance of .the order. 5. The respondent No. 6, on 3.12.2013, filed an application under article 226(3) of the Constitution of India for vacation/modification and/or alteration of the interim order dated" 2.12.2013 which was registered as M.C. No. 3539/2013. While the said application was taken up. for consideration on 4.12.2013, contention was advanced on behalf of the respondent No. 6 that it had fulfilled the conditions laid down by the Pollution Control Act as well as Motor Vehicles Act and that it would comply with the Rules and Regulations framed by the Authority to ensure minimum noise pollution, minimum traffic problem as well as minimum garbage problem; If was also submitted that from 2.12.2013 to 21.12.2013, the Bhawan was booked by eleven persons for hosting different functions and if the interim order is allowed to continue, same will create havoc to such persons as they would be unable to organize functions in any other alternative halls at such a short notice as advance booking has to be made at least six months before the event. On the other hand, submission was advanced on behalf of the respondents that the trade licence of respondent No. 6 was not renewed from 2012. Balancing the competing equities, this court passed an order dated 4.12.2013 disposing the Misc.
On the other hand, submission was advanced on behalf of the respondents that the trade licence of respondent No. 6 was not renewed from 2012. Balancing the competing equities, this court passed an order dated 4.12.2013 disposing the Misc. Case No. 3539/2013 with the following directions : "(i) the applicant may let out the Bhawan and its premises to those individuals and concerns who have already booked up to 21.12.2013 with conditions; (ii) the petitioners shall ensure that the approach road of the petitioners are 8 not blocked by the parking of the vehicles of the guests/invitees attending the functions / ceremonies; (iii) the applicant shall ensure that no Loud Speakers/Public address System/DJ System are used by the guests/participants/ organizers, etc. Between 10.00 p.m. to 6.00 a.m. : it shall also ensure that the h provisions of Noise Pollution (Regulation & Control) Rule, 2000 read with rule 5 of the Environment (Protection) Rule, 1986 are scrupulously followed by all concerned; (iv) the applicant shall remove all their garbage-used by them from the Bhawan and not throw the same on the road side; (v) The applicant shall ensure that the participants of the functions shall not explode fire breakers after 10.00 p.m. (2) The applicant shall, if so advised, apply for and obtain the Trade Licence from the Gauhati Municipal Corporation after fulfilling all the conditions for obtaining the licence and no function of any kind shall be hosted by it on Bhawan or its premises nor shall it let out the same after 21.12.2013 without first obtaining a Trade Licence issued in that behalf by the competent authority. (3) The Superintendent of Police (Traffic), Kamrup, Guwahati, City and the CMC as well as the Pollution Board shall ensure that the directions of this court are carried out by the applicant: such penal/regulatory/restrictive actions as are permissible under the law may be taken by the District Administration if the directions of this court are found to be violated by the applicant. 6. We are given to understand during the course of hearing that trade licence of the respondent No. 6 has not been renewed. 7. On 2.5.2014, during the course of the proceedings in this case, submissions were advanced on behalf of the petitioners that apart from the respondent No. 6, there were a large number of Bibah Bhawans, which are carrying on business without obtaining licences/permissions from the GMC.
7. On 2.5.2014, during the course of the proceedings in this case, submissions were advanced on behalf of the petitioners that apart from the respondent No. 6, there were a large number of Bibah Bhawans, which are carrying on business without obtaining licences/permissions from the GMC. It was further submitted that licences/permissions were granted to 48 Marriage Halls. The learned Standing Counsel appearing for the GMC submitted that no Bibah Bhawan could function within the GMC area unless trade licence is issued and that such trade licences are issued on compliance of certain norms fixed by the GMC and on obtaining permission from the Superintendent of Police (Traffic), Kamrup. 8. On the basis of submission of the learned counsel for the parties, this court enlarged the scope of the instant PIL in connection with existence and functioning or otherwise of Marriage Halls (Bibah Bhawans) within the limits of the GMC area without obtaining the requisite permission. This court further directed the Commissioner, GMC, to file an affidavit disclosing the number of Marriage Halls/Bibah Bhawans in existence within the GMC area indicating how many of them have trade licences and permissions from the S.P. (Traffic), Guwahati, Pending further consideration, this court also directed the Superintendent of Police (Traffic) as well as the Commissioner, GMC, to ensure that no Marriage Hall/Bibah Bhawan is run without trade licence, without compliance of the criteria fixed by the GMC for the: purpose and without necessary permission from the S.P. (Traffic). It was further provided that it would be the responsibility of the State Government as well as the GMC to ehsure closure of such defaulting Marriage Halls, which do not satisfy the norms laid down in this regard, and to submit a report in this connection by the S.R (Traffic) as well as by the Commissioner, CMC before the next date fixed. 9. The respondent-No. 2, in its affidavit indicated that 89 Bibah Bhawans were detected and notices were issued to 62 Nos. of Bibah Bhawans to furnish the following : "(i) No Objection Certificate (N.O.C.) of the building either from Guwahati Municipal Corporation or from Guwahati Metropolitan Development Authority. (ii) Trade Licence issued by the Corporation. (iii) No Objection Certificate (N.O.C.) from the Superintendent of Police (Traffic)." 10. It is further stated in the said affidavit that out of 62 Nos.
of Bibah Bhawans to furnish the following : "(i) No Objection Certificate (N.O.C.) of the building either from Guwahati Municipal Corporation or from Guwahati Metropolitan Development Authority. (ii) Trade Licence issued by the Corporation. (iii) No Objection Certificate (N.O.C.) from the Superintendent of Police (Traffic)." 10. It is further stated in the said affidavit that out of 62 Nos. of Bibah Bhawans to whom notices were issued, 42 of them .responded by submitting their .respective replies. On verification of the replies, it was found that 22 Nos. of Bibah Bhawans had fulfilled the conditions above-noted and 20 Nos. of Bibah Bhawans could only fulfil one or two conditions out of the said three conditions and, as such, the GMC was contemplating to issued sealing notice under section 337(A)(1) of the GMC Act ('"Act') to all the-aforesaid 20 defaulting Bibah Bhawans under the first phase of action. 11. On 30.7.2014,16 applicants, who are running Bibah Bhawans/Marriage Halls, filed an application for impleading them as respondent Nos. 8 to 23. This application was registered as M.C. No. 2142/2014. The said applicants had also filed an application for modification/alteration and/ or clarification of the order dated 2.5.2014 and also for staying/setting aside the order of the Gauhati Municipal Corporation sealing their Bibah Bhawans/Marriage Halls and the said application was registered as M.C. No. It is stated that pursuant to the order dated 2.5.2014, the Corporation had .asked the applicants and others for submission of documents, namely, 1. Trade Licence, 2. Traffic NOC and 3. Building Permission/NOC and the applicants had submitted such documents, as called for, and that, thereafter, without affording any opportunity of hearing to them, the Corporation passed an order on22.7.2014in exercise of powers under section 337(A)(1) of the Gauhati Municipal Corporation Act, 1971, sealing their Bhawans. It has also been stated in the application that no such action was taken against those Marriage Halls/Bibah Bhawans, which had not responded to the notice of. the Corporation.
It has also been stated in the application that no such action was taken against those Marriage Halls/Bibah Bhawans, which had not responded to the notice of. the Corporation. In the said application, statements were made to the effect that the owners of Bibah Bhawans had formed a Registered Association named as Greater Guwahati Marriage Hall Welfare Association for running the business lawfully and in an organized manner and the GMC authorities, along with Traffic authority, had held a meeting with the representatives of the Association of Marriage Halls owners on 5.6.2013 to discuss various issues and a minute was drawn lip incorporating the decisions arrived at in the discussion. 12. On 31.7.2014, M.C. No. 2143/2014,was taken up for consideration and this court, while directing the matter to be listed after two weeks again for further orders, observed as follows : "After hearing the learned counsel for the parties, we clarify the order dated 2.5.2014 by permitting the respondent No. 2-Gauhati Municipal Corporation to examine/verify each individual case of "Bibah Bhawart/Marriage Halls" with a view to find out as to whether they or anyone of them have ensured compliance of the requirements of law for running the "Bibah Bhawan/ Marriage Hall" by permitting the parries to perform their marriage ceremonies and activities like marriage, etc., in their Bhawari/Hall and have also ensured compliance of the minutes drawn on 5.6.2013 (Annexure 1) between the Marriage Hall Welfare Association and the Gauhati Municipal Corporation and on being satisfied that the particular individual person/organization -has ensured the compliance of the provisions of the law and the minutes dated 5.6.2013 then only to permit such person/organization to use the , Bibah Bhawan/Marriage Halls for thepurpose for which it is established." 13. However, it appears that though the applicants were heard, no order was passed in M.C. No. 2142/2014 whereby the applicants had prayed for impleading them as party respondent Nos. 8 to 23. It also appears that M.C. No, 2143/2014 was taken to be an application of the sixteen applicants seeking intervention in the PIL. 14. On 21.8.2014, the applicants in M.C. No. 2142/2014 filed an application stating that, in the late afternoon of 19.8.2014, the GMC authorities had f scaled the Bibah Bhawans of the applicant Nos, 2, 7, 9, 11 and 16 and that similar action in respect of the other applicants was imminent.
14. On 21.8.2014, the applicants in M.C. No. 2142/2014 filed an application stating that, in the late afternoon of 19.8.2014, the GMC authorities had f scaled the Bibah Bhawans of the applicant Nos, 2, 7, 9, 11 and 16 and that similar action in respect of the other applicants was imminent. It was also pleaded that there were existing bookings in some of the Bibah Bhawans but they were not taking fresh bookings till the matter was finalized. By the said application, they prayed for staying the action of the Gauhati Municipal Corporation in sealing the Bhawans and for allowing them to run their respective Bhawans. 15. On 22.8.2014, this court passed the following order : "The sealing of marriage halls, in question, is to be vacated and they should be permitted to function till 2.9.2014. Call the matter, for hearing, on 2.9.2014. Before the date fixed, the GMC shall file a report of legality and the status of all the marriage halls in Guwahati." 16. It appears that for all intents and purposes, the applicants in M.C. No. 2142/2014 were heard earlier, although no formal orders were passed impleading them as party respondents. In view of the above and considering that the interest of the applicants is substantially involved, they arc, now, by this order, formally impleaded as respondent Nos. 8 to 23. Registry is directed to make necessary corrections in the cause-title. 17. In terms of the order dated 22.8.2014, the Commissioner, GMC, had filed an affidavit enclosing therewith the Status Report, dated 1.9.2014, signed by the Associate Planner, Gauhati Municipal Corporation. Paragraphs 2, 3 and 4 of the affidavit read as under : "2. That as per report dated 1.9.2014 the following are the major criteria, (i) Type of construction (Assam Type/RCC along with numbers of floors). (ii) Status of Trade Licence. (iii) Status of NOC from Superintendent of Police (Traffic). (iv) Status of NOC for building permission with use permit. (v) Undertaking in the form of an affidavit for not changing the original parking space. (vi) Whether adequate security personnel for control of traffic provision. (vii) Undertaking regarding bursting of crackers etc. (viii) Width the existing road. (ix) Parking requirement. 3. That the following are the findings of the report dated 1.9.2014. (a) Out of 85 Marriage Halls, 20 numbers have either closed down or have f changed its use as Marriage Halls.
(vi) Whether adequate security personnel for control of traffic provision. (vii) Undertaking regarding bursting of crackers etc. (viii) Width the existing road. (ix) Parking requirement. 3. That the following are the findings of the report dated 1.9.2014. (a) Out of 85 Marriage Halls, 20 numbers have either closed down or have f changed its use as Marriage Halls. (b) Out of 65 Marriage Halls, NOC for building construction is found against 41 Marriage Halls. (c) Total 47 Marriage Halls have valid Trade Licence. (d) NOC from Superintendent of Police is found against 43 Marriage Halls. (e) Undertaking in the form of affidavit for not changing the original parking space is found against 28 Marriage Halls. (f) Security personnel to assist the traffic is found in 47 Marriage Halls. (h) Total 12 Marriage Halls are situated with road less than 9 Meters as required under Guwahati Municipal Corporation Building Bye Law, 2006. 4. That upon verification of each and every criteria required to operate a Marriage Hall in Guwahati city, as per report dated 1.9.2014 (Annexure A) only six marriage Halls fulfils all the criteria namely the following: (i) Arati Commercial Hall, MRD Road, Chandmari, Guwahati-3. (ii) Jonaki Bibah Bhawan, Kalapahar, Gopinathnagar, Guwahati-16. (iii) Parnil Palace, Zoo Road Trniali, RGB Road, Guwahati-21. (iv) Royal Palace, VIP Road, Pathar Quary. (v) Asian Palace, near Bora Service, G.S. Road, Guwahati. (vi) Aswani Bibah Bhawan, Silpukhuri Bus Stop, Guwahati-3." 18. We have heard Mr. B.D. Konwar, learned Senior counsel for the petitioners, Mr. D. Saikia, learned Additional Advocate General, Assam, appearing far the respondent Nos. 1,2,4 and 5 and Mr. K.N. Choudhury, learned senior counsel for the applicants/impleaded respondent Nos. 8 to 23. 19. Mr. Konwar, learned senior counsel for the petitioners submits that unless the norms laid down are satisfied, no Bibah Bhawan should be allowed to run its business. It is also submitted by him that the management of the Bibah Bhawans should ensure that the road in front of the Bibah Bhawan is not blocked by parking of the vehicles of the guests attending the function at the Bibah Bhawan.
It is also submitted by him that the management of the Bibah Bhawans should ensure that the road in front of the Bibah Bhawan is not blocked by parking of the vehicles of the guests attending the function at the Bibah Bhawan. It is a common sight that after a function is over, the surrounding area is littered with wastes and left-overs as no attention is paid either by the party hosting the event or by the management of the Bibah Bhawan to deposit the garbage in bins for its eventual disposal by the GMC, he submits. Mr. Konwar prays for a suitable direction in this, regard. Another area that he has highlighted is noise pollution caused by the loud noise produced by loud speakers, music system and fire-crackers used at the wedding party without any concern for the convenience and well-being of the residents in the neighbourhood. 20. Mr. K.N. Choudhury, learned senior counsel has submitted that some Bibah Bhawans had obtained licence as well as building permission prior to the coming into force of the Bye-Laws of 1998 and such a Bibah Bhawan cannot be termed as illegal for not meeting the specifications in respect of the building and/or the location of the building with regard to width of the road, etc., and these aspects of the matter have to be looked into by the Corporation. He contends that Bibah Bhawans, as are existing today, can be classified into three broad categories : (i) those which are h running without any trade licence, (ii) those which are funning with trade licences complying with all requisite norms and (iii) those which are running with trade licences without meeting certain requirements. He strenuously urges that those having trade licences are required to be given reasonable opportunity to meet the norms and also to justify as to why they should be allowed to continue to run the Bibah Bhawans. Mr. Choudhury has further submitted that many of the Bibah Bhawans are catering to the needs of the public without having any permanent structure and, therefore, these Bibah Bhawans are not required to have any NOC for building permission.
Mr. Choudhury has further submitted that many of the Bibah Bhawans are catering to the needs of the public without having any permanent structure and, therefore, these Bibah Bhawans are not required to have any NOC for building permission. Drawing attention to Annexure 9 of M.C. No. 2143/2014, the learned Senior counsel submits that there was no application of mind on the part of the Corporation is apparent from the fact that the order of sealing was a typed order with gaps therein filled up by hand. There is also no mention of due consideration of the reply submitted by the applicants. It is submitted by him that in the circumstances of the case, the sealing orders are required to be set aside and the Gauhati Municipal Corporation authorities may be directed to undertake a fresh exercise by issuing fresh notices to the Bibah Bhawans. 21. Mr. D. Saikia, learned Additional Advocate General, submits that notices were issued to 62 Nos. of Bibah Bhawans to furnish NOC of the building, NOC from Superintendent of Police (Traffic) and Trade Licence and, after receipt of the responses, order under section 337(A)(1) of the Act, dated 22.7.2014, was issued by the Commissioner in respect of some of the Bibah Bhawans, which could not furnish the requisite documents. He has submitted that the GMC authorities will take all requisite steps so that no Bibah Bhawan can run without complying with the requirements of law and the norms laid down. 22. We have considered the submissions of the learned counsel for the parties and have also perused the materials on record. 23. Under section 180(1) of the Act, every person carrying on any of the professions, trades or callings, as indicated in the Fourth Schedule, either by himself or by an agent or representative, is required to take out a licence, annually, before the first day of April, on payment of such fee as is mentioned in that behalf in the Schedule. Fourth Schedule visualizes grant of licence in Classes I to X. Annexure-I to Class-I provides the trades to be included in Class-I category. Against item No. 13 of the said Annexure-I, Bibah Bhawan is listed. Therefore, to carry on a trade of Bibah Bhawan, a licence is mandatorily required. In other words, without a licence, one cannot lawfully carry on the trade of running a Bibah Bhawan. 24.
Against item No. 13 of the said Annexure-I, Bibah Bhawan is listed. Therefore, to carry on a trade of Bibah Bhawan, a licence is mandatorily required. In other words, without a licence, one cannot lawfully carry on the trade of running a Bibah Bhawan. 24. There was a set of Building Bye-Laws of Gauhati Municipal Corporation which was published in the Assam Gazette (Extraordinary) on 31.12.1998. Thereafter, a revised Building Bye-Laws, which was approved by the Government on 1.3.2006, was published in the Assam Gazette (Extraordinary) on 11.12.2006. Both the Bye-Laws of 1998 and. 2006, at Appendix I, provided for minimum number of .off-street parking space. The requirements in the said Bye-Laws are not identical. 25. From the report dated 1.9.2014, it is seen that only 6 Bibah Bhawans fulfil the norms for running and operating a Bibah Bhawan. Out of the 6.5 Bibah Bhawans, which are operating, 24 of them have no NOC for building construction. 12 Marriage Halls are situated in roads width of which is less than 9 meters, though the norm prescribed under the Gauhati Municipal Corporation Building Bye-Laws, 2006, is that the building has to have access of a road with minimum width of 9 meters. Provision for parking is also found wanting in respect of 30 Marriage Halls. The status report also reveals that in respect of many buildings, in question, NOC was obtained for commercial, residential/commercial, residential/marriage hall, marriage hall/shop, marriage hall/office, residential/shop, residential, office, guest house, etc. It is also seen that in some cases, the use of the building, for which NOC was granted, could not be ascertained. 26. In M.C. No. 2143/2014, a categorical stand has been taken by the applicants/newly impleaded respondents that no action had been taken against those Marriage Halls/Bibah Bhawans, which had not responded to the notice of the Corporation requiring them to furnish documents. We find force in the submission of Mr. Chdudhury that order dated 22.7.2014, by which Bhawans were sealed, does not reflect that the stand taken by the Bibah Bhawans in their replies was-given due consideration. Accordingly, order dated 22.7.2014 is set aside and quashed.
We find force in the submission of Mr. Chdudhury that order dated 22.7.2014, by which Bhawans were sealed, does not reflect that the stand taken by the Bibah Bhawans in their replies was-given due consideration. Accordingly, order dated 22.7.2014 is set aside and quashed. At the same time, there can be no two opinions, as submitted by the learned Senior counsel for the petitioners and by the learned Additional Advocate General, Assam, that a Bibah Bhawan can be allowed to carry on its business only if it fulfils the requirements of law and the norms laid-down. 27. We may like to observe that Building Bye-laws of the Corporation will only have prospective application and it cannot have retrospective effect. If NOC for construction of a building to be used as a Bibah Bhawan was obtained, the applicable norms, prevailing at the relevant point of time, have to be applied to such a building and subsequent Building Bye-Laws cannot be made applicable to it. In case, licence was granted by the GMC for running a Bibah Bhawan in a building for which NOC was obtained for a different purpose, it will be legally impermissible to allow the Bibah Bhawan to run unless there is suitable change of user of the building, subject to law permitting, and in such an event, Building Bye-Laws, which is in force, has to be applied. 28. Considering the matter in its entirety and taking note of the submissions of the learned counsel for the parties, we are inclined to dispose of this PIL by giving the following directions : (i) The Bibah Bhawans, which do not have licence, shall not be allowed to carry on the trade henceforth. (ii) Bibah Bhawans, which do not have licence, are, however, will be at liberty to apply to GMC for grant of licence and it will be open for the GMC to issue them licence subject to compliance of provisions of law and applicable norms for running a Bibah Bhawan.
(ii) Bibah Bhawans, which do not have licence, are, however, will be at liberty to apply to GMC for grant of licence and it will be open for the GMC to issue them licence subject to compliance of provisions of law and applicable norms for running a Bibah Bhawan. (iii) The Commissioner, GMC will issue notice under section 337A of the Act to all the Bibah Bhawans, which according to report dated 1.9.2014 are still operating and running but do not fulfil the requirements of law and the norms, to show-cause within a period of 4 weeks from the date of service of notice as to why the Bibah Bhawans should not be sealed and why the licences should not be cancelled/not renewed. (iv) The reply submitted by the Bibah Bhawans shall be considered by the Commissioner, GMC in accordance with law after hearing the parties and a reasoned order will be passed in respect of each of the Bibah Bhawans on or before 31.12.2014 and action shall be taken on the basis of the determination made. (v) The Bibah Bhawans may also take necessary steps for fulfilling the requirements in law and the norms in place in the meantime. (vi) The licences of Bibah Bhawans, which do not fulfil the requisite norms even after the opportunity granted, shall not be renewed after the validity of the licences expire. They shall not be allowed to run the Bibah Bhawans after the expiry of the present term of the licences because abrupt closure of Bibah Bhawans may create public hardship during the marriage season. (vii) The management of the Bibah Bhawans who are allowed to carry on business, shall ensure that the approach roads/roads linked to the approach roads to the Bibah Bhawans are not blocked by vehicles parked by the hosts/guests/invitees attending the functions/ceremonies and that no inconvenience is caused to the commuters/ pedestrians using the approach roads/roads linked to the approach roads by such parking of the vehicles.
(viii) The management of the Bibah Bhawans shall ensure that no loud speakers/public address system/microphones are used by the hosts/ guests/invitees of the functions at the Bibah Bhawans between 10.00 p.m. to 6.00 a.m. (ix) The management of the Bibah Bhawans shall ensure that bursting of fire-crackers do not take place after 10.00 p.m. (x) The management of the Bibah Bhawans shall ensure that all the wastes, left-overs/garbage, disposable plates, cups, glasses are neatly packed and tied and deposited in the bins so that the surroundings remain clean. (xi) The Guwahati Municipal Corporation and the Superintendent of Police (Traffic), Kamrup, Guwahati City, are directed to ensure that no Bibah Bhawan (Marriage Hall) is allowed to function unless the norms/rules laid down, in this regard are fulfilled/strictly adhered to by the Bibah Bhawans. The said authorities are also to ensure that the directions contained in this order are strictly complied with by the management of the Bibah Bhawans and, in the event of violation of any of the provisions of the Rules/Regulations and the directions given herein-above, the same shall be viewed seriously and dealt with strictly by taking all such penal/regulatory/restrictive actions, as permissible under the law, including sealing/closure of the Bibah Bhawan.