The Assam Development Authorities Act, 1964
The 31st December 1964

**No.LJL .22/64/6.—The following Act of the Assam Legislative Assembly**

which received the assent of the Governor, is hereby published for general

information—

**(Received the ss en t of the Governor on the 29th Decem be r, 1964)**

**ASSAM ACT No. XX XI OF 1964**

THE ASSAM DE VELO PM ENT AUTHORIT IE S ACT, 1964

[Published in the _Assam Gazette,_ Extraordinary, dated the 31st

Decem ber, 1964]

_An_

_Ac t_

_to provide fo r the constitution_ _o f_ _authorities fo r the development_ _o f_ _the local areas_

_o f the State o f Assam_

**Preamble.** Whereas it is expedient to provide for the con stitu­

tion of authorities for the development of the local
areas of the State of Assam on sound principles of
planning with the object of securing welfare of the
pe op le;

It is hereby enacted in the Fifteenth Year of the

Republic of Ind ia as follows :•—

**CHAPTER I**

**PRELIMINARY**

Short **title,** i. (l) This Act may be called the Assam Develop-

**commence- extent** ar.d m e n t Authorities Act, 1964. 7

ment.


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(2) It extends to the whole cf the State of

Assam.

(3) It shall come into force on such date as the

State Government may, by notification in the official

Gazette, appoint.

Definitions* 2, In this Act, unless there is anything repugnant in

the subject or co ntex t:—

(a) “A uth ority” means the Local Area Deve­

lopment Authority constituted under

Section 3 ;

(Z>) “Advisory Council” means the Local

Area Advisory Council constituted under

Section 9 ;

(c) “ Local Area” means such area within a

district of Assam as the State Government
may, by notification in the official Gazette,
declare ;

(</) “ State Government” means the Govern­

ment of Assam ;

(«) “Prescribed” means prescribed by rules

made under this Act.

**CHAPTER II**

CONST ITUTI ON OF TH E DEVELOPM ENT

AU TH OR ITY

Establish- 3. (j) The State Government may, by notification

ACth °r'tvflC in the official Gazette, establish for the purp se of

y< this Act, an Authority to be called “ The ...............

Local Area Development Authority ” hereinafter y
referred to as the Authority with jurisdiction over
such local area as may be specified in the notification.

(2) The Authority shall be a body corporate having

perpetual succession and a common seal with power

to acquire, hold and dispose of properties both

movable and immovable and to enter into any agree­
ment and shall by the said name sue and be sued.

Composi- 4. The Authority shall be constituted under Chair-

tio n of the manship of Deputy Commissioner of the dis'ric t and
Autho rity. s u c [j]1 n t l m [ij]e r o[f officials and non-official members as]

may be prescribed.

Term ot 5. (i) A m ember shall hold office for such period

ff ic c‘ as may be prescribed in this behalf and shall, on

expiry of the term of his office, be eligible for re­

appointment.

(2) A m ember may resign his office by writing

under his hand addressed to the State Government,

and on the resignation being accepted by the State

Government, he shall cease to be a member of the
Authority.


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Meetings cf g. The Authority shall meet at such times and

tv C A u th o ri' places and shall observe such rules of procedure in

regard to the transaction of business at its meeting as
may be provided by regulations made under this

Act.

Vacancy in 7. No act o r proceedings of the Autho iity shall be

tv'etc^not deemed to be invalid by reason only of the existence
to’invalidate ° f [a n] Y vacancy in the Authority or any defect in

acts or pro- the appointment of a mem ber thereof.
ceedings.

Appoint- 8. Subject to the provisions of this Act and the

ment of rules made thereu nder, the State Government may,

Agencies. fr o m time to time appoint one or more Agencies
for the purpose of securing the efficient discharge
of the functions of an Authority, and in particular
for the purpose of securing that those functions are
exercised with due regard to the circumstances and
requirements of particular local area lor which the
Authority is established.

CH AP TE R III

CO NST ITUTION OF THE ADVISORY CO UN CIL

tio nV /th e 9* U) The State Governmert may, by notification

A Ivisory *n Official Gazette, constitute an Advisory

GcunciLf Council to be called “ Th e......L oc al Area Advisory

Council” hereinafter referred to as Advisory Council
with jurisdiction over such local area with respect
to which an Authority under Section 3 has been

established.

X

(2) The Advisory’ Council shall consist of such

num ber of official and non-official members as may

be prescribed including the Chairman of the Authority
who shall also be the Chairman of the Advisory

Council.

Term of 10 . (1) A mem ber shall hold office for such

Office. period as may be prescribed in this behalf and shall,
on expiry of the term of his office, be eligible for
re-appointment.

(2) A mem ber may resign his office by

writing under his hand addressed to the State

Government and on the resignation being accepted
by the State Government, he shall cease to be a
member of the Advisory Council.

Meeting of 11. The Advisory Council shall meet at such

the Advisory times and places and shall observe such rules of

ounci. procedure in regard to the transaction of business at
its meeting as may be determined by it from time to

time.


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Y[a] ^ Cy m ’2’ No act or proceedings of the Advisory Council

_C ounciV'etc_ be deemed to be invalid by reason only of the

not to in va-’ existence of anyta cancy in the Advisory Co un cilor
lidate acts any defect in the appointment of a member thereof,

or proceed.
ings.

# CHAPTER IV

POWERS AND Ft NOTIO NS OF THE

AU TH ORITY

Functions of I [s]             - The functions of the Authority shall be any or

the Autho- all ot the following :—

tfty.

(a) to promote and operate schemes for ex­

pansion cl education ;

(b) to promote and operate schemes for facility

of travel and transportation of goods ;

(c) to promote and operate schemes for harnes­

sing natural resources and forest wealth ;

(d) to promote and operate schemes for ex­

pansion of agriculture through modern

Improved technique ;

(e) to promote and operate schemes for ex­

pansion of veterinary and conservation of
soil ;

(f) to promote and operate schemes for the

setting up of industries and generation of
power ; and

(g) to promote and operate schemes for such

other matteis as may be prescribed.

General po- 14. The Authority empowered to perform functions

wers of the under this A ct or the rules made thereunder may,             -

Authority from time to time, prepare such plans and schemes

and undertake such preliminary investigation or ethe r
measures or do such other things as it may deem
necessary not inconsistent with its lunctions lor the
purpose of developing the area within its jurisdiction.

# CHAPTER V

 FUNCTIONS OF THE ADVISORY COUNCIL

Functions of 15. The functions of the Advisory Council shall

the Advi- b e .__

sory Council,

(a) to advise the Authority on matters referred

to it for successful implementation of the
plans and schemes of the Authority j

(b) to secure the efficient discharge of the

functions of the Authority ;

(c) to do such other things as may be pres­

cribed.


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**CHAPTER VI**

FIN AN CE, ACCOUN TS AND AU 91T OF THE

AUTH ORI TY

Development r e c e ’Pts °f the Authority under this Act

Fund. shall form a separate development fund and any

expenditure incurred by the Authority for carrying
out the functions of the Authority under this Act or
the rules made thereunder shall be defrayed out of
such fund which shall be non-lapsable. No portion

of the fund shall, except with the previous sanction of
the State Government, be expended for purposes

other than for carrying out the functions of the
Authority under this Act or rules made there under.

Grants, Ad- 17. The State Government may make such grants,

vanccs end advances and loans to the Authority as it may deem
Loans. necessary for the purpose of carrying out the functions
of the Authority under this Act or any rule made there­
under.

P c w t r to 18. For the purposes of borrowing money the Autho-

borrow. rity under this Act shall be deemed to be a local
Authority as denned in the local Authorities Loans Act,

1914 and any work executed by the Authority for Ce n t r a l

Act X l o f

exercising the functions under this Act or the rules 1914.
framed thereunder shall be deemed to be a work which

such local Authority is competent to carry out under
that Act.

Budget. 19. The Authority shall prepare, in such form and

at such time each year as may be prescribed, a Budget
in respect of the financial year next ensuing showing

the estimated receipts and expenditure and copy there­
of shall be forwarded *o the State Government,

A n n u a l 20. The Authority shall prepare, in such form and

r e p o r t, at such time each year as may be prescribed, an

annual rep ort giving a true and full account of its acti­
vities durin g the previous year and copy thereof shall
be forw arded to the State Government.

Accou n ts 21. (1) The Authority shall cause to be m aintained

and Audit, such books of account and other books in relation to

its accounts in such form and in such manner as
may be prescribed.

(2) The accounts of the Authority shall be

aud ited at such time and in such manner as may be
prescribed,


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MISCELLANEOUS

Mem b e r s 22. All members and officers of the Authority shall,

and Officers when acting or purporting to act in pursuance of any

Autho rity[6 ] t ^l e P r o v »s i° n s ° f this Act and the rules made

to be pub- thereunder shall be deemed to be public servants [i] N[®]3 Qct

lie servants, within the meaning of Section 21 of the Ind ian Penal i860.

Code, I860.

Protection of 23. No suit, prosecution or other legal proceedings

action taken shall lie against any person in respect of anything

in good faith. w hich is in good faith done or intended to be

done in pursuance of this Act or the rules made

thereunder.

Dissolution 24. (1) When the State Government is of opinion

of the Au­
thority and that an Authority is not com petent to perform, or
transfer of persistently makes default in the performance of
assets and its functions imposed on it by or under this Act,

liabilities. or exceeds or abuses its powers, the State Govern­

ment may, by notification in the Official Gazette,
declare that the Authority shall be dissolved from
such date as may be specified in this behalf in

the notification ; and the Authority shall be deemed
to have been dissolved accordingly.

(2) On the dissolution of the Authority by a A

notification under sub-section (1 ),—

I

(a) all properties, funds and dues which are

vested in, or realisable by, the Authority
shall vest in and be realisable by the

State Government ; and

(Z>) all liabilities which are enforceable against

the Authority shall be enforceable only

against the State Government.

Power to 25 . (1) The State Government may, by notification

make rules. j n the Official Gazette, and subject to the condition of
previous publication, make rules for carrying out the
purposes of this Act.

(2) In particular and without prejudice to the

generality of foregoing powers such rules may provide
for all or any of the following matters, na mely:—

(a) the num ber of official and non-official

members for the composition of the

Authority ;

_{b) the term of membership of the Authority j_


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(c) the number of official and non-official

members of the Advisory Council ;

W) the term of the membership of the Advisory

Council ;

(e) the functions of the Authority 5

_( f ) the functions of the Advisory Council ;_

(g) the form in which, and the tim e within

which, the budget and annual rep ort of
the Authority may be prepared and for­
warded to the State Government;

(A) the form and manner in which the accounts

of the Authority may be maintained, and
the time at which and the manner in

which, such accounts may be audited ;

(j) any other matter which has to be, or may

be, prescribed

(3) Every rule under this section shall be laid as

soon as may be after it is made, before the Assam
Legislative Assembly while it is in Session for a total
period of fourteen days which may be comprised in
one Session or in two successive Sessions, and, if before
the expiry of the Session in which it is so laid or the
Session immediately following, the Assam Legislative

Assembly agree in making any modification in the rule
or the Assam Legislative Assembly agree th at the rule
should no t be made, the rule shall thereafter have

x effect, only in such modified form or be of no effect, as
the case may be ; so, however, that any such modifi­
cation or annulm ent shall be without prejudice to the
validity of anything previously done under that rule.

26. The Authority may, with the previous approval

make regula- of the State Governm ent, by notification in the

tion j. Official Gazette, make regulations, not inconsistent
with this Act or the rules made thereunder.

P. C. DAS,

ft. Secy to the Govt, of Assam, Law Deptt


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