The Assam Town and Country Planning (Amendment) Act,1962

'ASSAM ACT ’N6"?§X§%IT 661952;! THE ASSAM TOWN AND COUNiR’Y PLANNING (AMENDMENT); :- ACT 1962 19 (As passed by the Assembly} (Received the assent of thePnesielent on»thezgnd Névember L962?) EPublished1nthe Assam Gazette, Extraordinary, gatedthe26111NGV‘SmbcE , ,7 ‘ 962] 7. i - ' 7:. .1. 1 An , 1‘ 7 . , ACt . . k» :7 1 - j _ .. .. "° amend theAssam Townand Gounmyvmaunm'5E"‘.Zg 119111195197 ‘ . . 1 3 :Preambxe WHEREAS it is exped1ent to amend th591Al§lm1 Aci . : < r ' 2 : - , , A he ss re a i m nafte T r ow ca n lle a d n t d he C p o r u in n c tr i y pal P A la e n t n , in in g t A he ct, m " a ,1 n 9 n 5 e 9 r. , I . I_ot-‘g: . f1 j : _ , _ ‘ 1. :5? n g i . 1 ercmafter appearing; _ ,1; -7...., - . , .7 _ It'1shereby enacted m the«.Thn‘teenthYea:r_ofthe} Republic ofIndia as follows:-—- ' 1. (I) This Act may be eai'l'ed the Assam Town S e h x o te rt nt m an lc d ’ a11dfloumryePlanning (Amendment)Act, 1962., V._-, ‘cammeirce- ‘U (2) It shah151anthe filike extem as theprmmpal "w 1.1:; L1H " 127 Insertion of 2. After Chapter II of the principal Act, the Chain" lI' following shall be inserted as Chmter lI-A, namely:—~ AIn Assan} 3301.1 ° ' ‘ “CHAPTER II-A ‘ Constitution of the Development Authority Constitution 8A. (1) The State Government may, by notification 0f the in the Official Gazette, constitutefor the purposes of Authority. this Act, an Authority to be called “The .................. Development Authority” (hereinafter referred to as the Authority) with inisdiction over such area as may be specified in the said notification. (2) The Authority shall be a body corporate having f ‘ perputual succession and a common seal with power to acquire, hold and dispose ofproperties both move- 0, able and immoveable and to enter into any agree- r. ment,and shall by the said name sue and be sued. 8B, (1) The Authority shall consist of the following members, namely:— Composition (a) A Chairman to be appointed by the State 0ft!” Government : Authority. ’ (b) Engineer-in-chief of the Authority to be appointed by the State Government ; to) Town Planning Officer of the Authority to be appointed by the State Government ; ((1) Finance Omcer to be appointed by the State Government ; (e) Deputy Commissioner or Subdivisional Officer, as the case may be ; (d) Chairman or Chairmen of the local antho- m rity or authorities covered by the Master .5» plan ; (g) One member representing Commerce and 9 Industry (Private Sector) to be nominated by the State Governmert ; (h) One member representing the Railways, to be nominated by the State Government ; (i; One member representing‘lndustry (Public Sector) to be nominated by the State Government ; (j) One person each from the local authorities covered bv the Waste" plan to be elected by the members at a meeting from amongst them. ’n’fi'w «'11,st 128 - Notification The name of the members elected and appoint- ofmcmbers. ed 5hall be published in the Official Gazette. Pisqualificai (3) A person shall be disqualified for appomtment, ”0“ f°r nomination orelection as a member, if he,— electi.on or appoint- ment as member. * (a) has been CODVI.CtCCl of any offence m. volvm. g moral turpitude ; (b) is an applicant to be adjudicated as a bank-s ' rupt or insolvent or is an uncertificated bank- rupt or undischarged insolvent ; u (c) holds any officeofprofit under the Authority if except those mentioned in clauses (a), (b), (c) and (d) ofsub—section (1) ; ‘31}; (d) has, directly or indirectly, by himself or by any partner, any share or interest, in any centract or employment with, by, or on behalfof, th 5 Authority; or (e) is a Director, or a Secretary, Manager or other salaried officer of any incorporated company which has any share or interest in any contract oremployment, with, by, C1‘ on behalfofthe Authority. . m Re c m m o h v m , e1 . of Au ( t 4 h ) or T it h y e a S ny tat m e em G b o e v r e i r n n c m lu e d n in tm g a th y e r C t h m a o i v rm e a f n ro w m ho t , h — e (a) refuses to act or becomes incapable of acting or absents himself from three consecutive meetings of the Authority and is unable to explain such absence to the satisfaction of the Authority ; (b) has so flagrantly abused in any manner his position as a member of the Authority as to render his continuance detrimental to the public interest: Provided that when the State Government pro- poses to take any action under any of the above provisions, an opportunity shall be given to the member concerned to show cause why action as preposed should not be taken against him ; (c) ceases to be a member of the local Authority from which he was elected ; (5) A member removed under clauses (a) and (b) of sub-section (4) shall not bé eligible for re- appointment or rev-election, as the case may be. 129 gm! 0; _80. (l) The termofoffice and conditions of set- gon‘aitimin VICC ofthe Chairman and members of the Authority ofservice of shall be such as may be prescribed and they shall be the Chair- entitled to receive such salaries and allowances as man and may be fixed bythe State Government. member of the Autho- rity. (2) The Chairman or any member may Pesign his membership of the Authority by giving notice in writing to the State Government and on the resigna- tion being accepted by the State Government, he shall cease to be a member ofthe Authority. . (3) Any vacancy created by resignation or removal shall be filled by fresh appointment or nomination by the State Government, or by election, as the case may be. Functions 8D. Subject to the provisions ofthis Act, rules :ilihgmifif and directions ofthe State Government, the functions thority. ofthe Authority shall be to promote and secure the development ofthe area accozding to the Master plan and for that purpose it may carry out or cause to be carried out surveys ofthe area and to prepare report orreports of such surveys, and to perform any other function which is supplemental, incidental or conse- quential to any of the functions aforesaid or which may be prescribed. Meeting of 3E. (1) Each Authority shall meet once in a month the AuthO- at such time and place and shall subject to the provi- "W' sions ofsub-section (2) and (3) observe such procedure in regard tothe transaction ofbusiness at its meeting, as may be prescribed by bye-laws to be framed under section 74 ofthis Act. (2) The Chairman, or in his absence any member chosen by the members from amongst themselves, shall preside at a particular meeting of the Authority. (3) All questions of the meeting of the Authority “A shall be decided by a mojority ofthe votes of the members presentand voting and in the case of an equality ofvotes, the person presiding shall have a second or casting vote. (4) Nothing done by the Authority in its meeting ‘shall be held to be invalid because ofany vacancy in, the seats- of the appointed, nominated or elected members or«the absence ofany of the members for any reason whatsoever. 130 (5) Minutes shall be kept of the names of the members present and of the proceedings at each meeting in a book to be kept for this purpose, which shall besigned at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during officehours. Temporary 8F. (1) The Authority may associate with itself association in such manner and for such purposes as may be :fhhpersiilrll: prescribed by rules any person whose assistance or Authority advice it may desire in performing any of its func- for particu- tions under this Act. lar purpo- scs' (2) Any person associated with it by the Authority under sub-section (1) for any purpose shall have aright to take part in the discussions ofthe Authority relevant to that purpose but shall not have aright to vote at a meeting and shall not be a member for any other purpose. Staffofthe 8G. (1) Subject to such control and restrictions as Authmty' may be prescribed by rules, the Authority may appoint such number of officers and employees asmay be necessary for the efficient performance of its functions and may determine their designations and grades. s (2) The officers and employees of the Authority shall be entitled to receive such salaries and allowan- ces, if any, as may be fixed by the Authority and shall be governed by such terms and conditions of service as may be determined by rules and regulations made in this behalf.” Amendment 3. In section 10 of the Principal Act-- of Section 10 ofAssam Act II of 1960. (1) in sub-sect.ion (1), between the words “the” and “Regulation” the word “Zoning” shall be inser‘ ted; (2) in subsection (2), the full-stop at the end shall l be deleted and the Words and the full-stop “and adopt the same.” shall be added. *0» Substitution 4. For section 12 of the principal Act, the following °f seam" shallbe substituted, namely :— 12of Assam Act II of 1690. { “ 3 Im 2 - 3 p ? le a m t e th n e i tion 2. t A h f e te y r s a h d a o ll p b t e i.o s n en o t f b t y he th P e la S n ta a te 11d G Z o o v n e ° i r n n g m *R en eg t u f 1 o a_ r implementation to the Authority constituted under section 8 3! 131 Amendment 5. In section 14 ofthe principal Act, between the of Section words “the” and “Regulation” the word “Zoning” H orAsfiain shalt be I.nserted. Act II of l960. Substitu- 6. For section 15 ofthe principal Act, the following tionof Sec- shall be substituted, namely;-—; tion 15 of Assam Act II of1960. “Prepara_ 15. (1) After the commencement of this Act, the tion ofdcve-Authority may, by notification in the Official Gazette, 10P me n t declare any area to be a scheme area and shall there- ,tu Scheme. after prepare a scheme. Where no Authority has t been constituted, the State Government may, by notification in the Official Gazette, declare any area ‘M/ to be a Scheme area and the Director shall thereafter prepare a scheme. (2) Notwithstanding anything contained in sub- section (l), the State Government may, after making such enquiry as they may deem necessary by notifica- tion in the Official Gazette, directany local authority to prepare, publish and submit for their sanction before an appointed date a scheme under this section for an area specified in such notification. (3) While preparing the scheme, the Authority, the Director orthe local authority, as the case may be, shall issue a notice inviting the names ol all the claimants ofany interest on any land or building within the area under the scheme to be submitted Withina period not more than one month. (4) Save as provided in this Act, the Authority, Director or local authority shall not undertake or carry out any development of land in any area which is not a scheme area. (5) After the commencement of this Act, no development ofland shall be undertaken or carried out in the scheme area by any person or body of persons exceptin the manner prescribed under section 13 of this Act.” 7. For section 16 of the principal Act, the follow- 3308:3233 ing shall be substituted, namely:— 16 ofAssam Act II Of 1999mm“. 16. (1) Tne Authority. the Director Of the 10“] “on of the authority, as the case may be, shall have the scheme DevC10p. and the report and the names ofall the claimants ment Sche- published in the manner prescribed under sub-Section me- (1) ofsection 10 and havea copy of them served on all persons who preferred claims under sub-section (3) of section 15, inviting objection to be filed within a period not more than two months. 132 (2) After the expiry of the aforesaid period, the Authority, the Director or the local authority, as the case may be, shallexamine the scheme in the light of such objection, giving sufficient opportunity for hear- ing to all such interested persons who have filed objections and demanded a hearing in the manner prescribed, and shall approve or refuse to approve or approve with such modifications as it may deem neccessary, for the implementation ofthe scheme and for imposing for that purpose reasonable restrictions in the use ol‘land and building withinthe area. (3) After the Authority, the Director or the local authority, as the case may be, has adopted the schemes its shall be forwarded to the State Government for it, (”‘3‘ approval and sanction, if so required under any rule prescribed, otherwise thescheme will come into force from thedate the scheme is adopted.” , Amendment 8. In section 17 ofthe principal Act,— ofSectionI7 ofAssamAct IIof 1960, (1) thesubsection (1) shall be deleted and sub-sec- tion (2) shall he renumbered as section 17 ; (2) In section 17 so re-numbered, for the words “Noperson shall within the area in which the Govern» ment has sanctioned the Development Scheme” the words “No person shall within any area where a scheme has come into force” shall be substituted. Amendment 9. In sec‘t.ion 34 ofthe pn..nm.pal Act, the words “and V ofSection 34 of Assam Actwith the previous sanction of the, State Government’” II of 1960. occuringbetween the words “Act” and “the” shall be deleted. éfiffi’fig‘fi 10. After section 59 ofthe principal Act, the follow- inAssamActing shall be inserted as section 59A, namely :——- IIof 1960. ;§‘:§‘3’§§dute‘; 59A. Any sum recoverable by the Authority under anan arreat this Act, ifnot paid on demand, shall be recoverable Onandreve‘ as an arrear ofland revenue.” nue. fiflgfiffifinig ll. In section 73 ofthe principal Act,— of Assam Act IIof 1960. (l) for sub-section (1), the following shall be substituted, namely:- “(1) The State Government may, after previous publication in the official Gazette, make rules for‘ carrying out the purposes ofthis Act.”; 133. .(2) in subsection (2), the words “in consultation With theCouncil” occuring between the words “State Government” and “shall”, shall be deleted. (3‘) after sub-section (2), the following shall be inserted as sub-section (3), namely :— “(3) All rules made under this section shall be laid for not less than fourteen days before the Assam Legislative Assembly as soon as possible, afterthey are made and shall be subject to such modification as the Legislative Assembly may make during the session in which they are so laid or the session imme- diatelyfollowing.” Amendment ' 12. In section 74 ofthe principal Act, in sub¢sec~. ofSection74 ti ‘ on](1) after clause (v1-): the followm. g shall be i.nserted ofAuamAct II of 1960. as c ause (v11), namely .—- “(vii) time and place and transaction of business ofthe meetings of the Authority.” 13. Notwithstanding anything contained in the prin- Validation. cipal Act and any rule made thereunder, any action taken by any Authority constituted before the coming into force of this Act shall be deemed to have been validity taken as if the Authority was duly constituted under the principal Act, as amended by this Act, and no action of such Authority shall be called in question in any Court on the ground of incompetency of the Authority to act under the principal Act as amended by this Act. “vwflf-7lw—mV