The Assam Town and Country Planning (Amendment) Act,1985
#### Registered NFo. A-12

# <Wi

 The Assam Gazette

 w n«m 

## EXTRAORDINARY

#### PUBLISHED BY AUTHORITY

 54 3 ct, 1985, 13 1907 («r^)

**No. 54** **Dispur, Friday, 3rd May, 1985, 13th Vaisakha,**

**1907 (S. E.)**

#### GOVERNMENT OF ASSAM

**ORDERS BY THE GOVERNOR**

LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH

**NOTIFICATIONS**               -

The 3rd May 1985

**No.LGL.56/84/104.—The following Act of the Assam Legislative**

Assembly which received the assent of the President is hereby

published for general information.


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**286** THE ASSAM GAZETTE. EXTRAORDINARY, MAY 3, 1985

ASSAM ACT No. VIII OF 1985

**(Received the assent of the President on 1st May, 1985)**

THE ASSAM TOWN AND COUNTRY PLANNING (AMENDMENT)

ACT, 1985

#### An

### Act

**further to amend the Assam Town and Country Planning Act, 1959.**

**Preamble,** Whereas it is expedient further to amend the Assam As«am Act

Town and Country Planning Act, 1959 hereinafter called [11 of 19]60
the principal Act, in the manner hereinafter appearing;

It is hereby enacted in the Thirty-sixth Year of the

Republic of India, as follows :—

1- (1) This Act may be called the Assam Town and

commence- Country Planning (Amendment) Act, 1985.
**ment.** **z**

(2) It shall have the like extent as the principal Act.
(3) It shall be deemed to have come into force on the

19th day of January, 1985.

**Amendment** 2. In the principal Act, in Section 2 —
**of Section**

**2 of Assam**
**Act II of** (a) in sub-section (1), the full stop (.) at the end 6f

**1960.** the first sentence shall be deleted and thereafter,

the following shall be added, nam ely:—

"or the Development Authority constituted under

Section 8 of this Act.”

(b) after sub-section (16), the following new sub­

sections shall be added, namely:—

'(17) "Administrator’ means an officer appointed by

the State Government as such under proviso to <> •

sub-section (1) of Section 8A of this Act to per­
form the functions and exercise the powers of the
Development Authority as provided under Sec­
tion 8A of this Act.

(18) 'Estate. Officer’ means a person appointed by the

State Government as such to perform the func­
tions of the Estate Officer.

(19) T.ansferee” means a person including a firm or

other body of individuals, whether incorporated
or not to whom a site or building is transferred in
any manner whatsoever and includes his successors
and assigns.” . ...


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of”s-cticm 3 3- In the principal Act. in Section 3. in sub-section (I),

of Assam Active existing clauses (iv), (v) and (vi) shall be substituted

II of i960, by the following, namely:—

"(iv) Secretary, P.W.D. ... Member.

(v) Secretary, Flood Control ' ... Member.

               - - A

(vi) Secretary, Health and Family ' ... Member.”

................................. Welfare Department.‘ ’w -

^f[r]Sect;™n 8A _4. I*1 the principal Act, in Section 8A, after sub-sec-_

°.f As,aro Acction (1), the following proviso shall be added, namely:—

II of 1960.

"Provided that if the State Government is of opinion

that in the exigencies of public service it is necessary to
do so it may, instead of constituting the Authority, appoint
an Administrator to exercise all the powers of the Deve­
lopment Authority under this Act.

The Administrator so appointed shall be deemed to be

the Development Authority constituted under this Act and
shall hold office during the pleasure of the Governor.”

of Section[1] I[n] the principal Act, in Section 8B, in sub-sec-

8B of Assam tion T) :—

**Act II** of

(a) in clause (c), the semi-colon (;) shall be deleted and

thereafter the following shall be added, namely:—

"who shall be the Member-Secretary of the Autho­

rity.”

r'b) after clause (j), the following new clauses shall

       - be inserted, namely :—

"(k) Director, Town and Country Planning Depart­

ment or "his nominee: •

(1) Chief Engineer, P.W.D. (Roads and Buildings)

or his nominee;

I

(m) Chief Public Health Engineer or his nominee ;

                            -                             - 1 '                             - z

(n) Local Member or Members of the Assam Legis­

lative Assembly covered by the Master Plan
Area.”


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**insertion of** g j n t h e principal Act, after Section 8G, the following

8H* in[Ctl]°[n] shall be inserted as Section 8H, nam ely:—

**Assam Act II**

**of 1960.**

**“Delegation** 8H. The Authority may delegate all or any of its
**of power by**
**Authority.** powers under this Act to any Officer, subject to such con­

ditions, if any, as may be specified by the Authority.”

**Amendment**
**of Section 13** 7. In the principal Act, in Section 13, in sub-section (1):—

**of Assa n** **Act**
**II of- i960.** (a) between the words "sub-divide any land” and "or

set up any new structure”, the following words

_4._ shall be inserted, namely :—       -

"by transfer, by way of gift, sale, partition or any

other manner the whole or any part of the land”.

(b) the full stop (.) at the end shall be deleted and

thereafter the following shall be added, namely :—

"and on payment of such fees as may be prescribed

by bye-laws framed by the Authority in this

behalf.”

**Insertion of** 8. In the principal Act, after Section 30, the follow-
**new Sections**

**i n 30A and 30BAssam** **[m]** **S** new Sections shall be added, namely:—. ,C-'

**Act II of**
**1960.**

*fPowy 30.A (1) Where any development in any area has been

menu[CVe] ^commenced in contravention of the Master Plan or

Development Scheme or without the permission, approval
or sanction referred to in Section 29 or in contravention
of any conditions subject to which such permission,
approval or sanction has been granted, the Authority may,
in addition to any prosecution -hat mav be instituted under
this Act, make an order requiring the development to be
discontinued on and from the date of the service of the
order and such order shall be complied with accordingly..

(2) Where such development is not discontinued

in compliance with the order under sub-section (1), the
Authority may require any Police Officer not below the
rank of Sub-Inspector of Police to remove the person by
whom the development has been commenced including all
his assistants and workmen from the place of development
within such time as may be specified in the requisition, and

such Police Officer shall comply with the requisition

accordingly. v


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(3) After the requisition under sub-section (2) has

been complied with.- the Authority may depute by a

written order a Police Officer or an officer or an employee
or the Authority to keep a watch on the place to ensure
that the development is not continued.

%

(4) The provisions of this Section shall be in addition

to and not in derogation of, any other provisions relating
to stoppage of building operations contained in any other
law for the time being in force.

Power of SOB. (I) Where any development has been commenced
demolition or is being carried on or has been completed in contraven-

of building.

' tion of the Master Plan or Development Scheme or with­

out the permission, approval or sanction referred to in
Section 29 of this Act or in contravention of any conditions
subject to which such permission, approval or sanction has
been granted, the Authority may, in addition to any pro­
secution that mav be instituted under this Act make an
order directing that such development shall be removed
by demolition, filling or otherwise by the owner, occupier,
manager or bv any person at whose instance the develop­
ment has been commenced or is being carried out or has
been completed withih such period not being less than five
days and more than thirty days from the date on which
a copy of the order of removal with brief statement of the
reasons thereof has been delivered to the owner, occupier
and manager or the person at whose instance the develop­
ment has been commenced or is being carried out or has
been completed as may be specified in the order and on
his fadure to comply with the order, the Authority may
remove or cause to be removed the development and the
expenses of such removal shall be recovered from the
owner, occupier, manager or any person at whose instance
the development was commenced or was being carried out
or was co; mleted as arrears of land revenue nrovided that
no such order shall be made unless the owner, occupier,
manager or the person concerned has been given a msona-

ble opportunity to show cause why the order shall not be

made. r ’

(2) The provisions of this Section shall be in addition

to and not in derogation of any other provision relating to
demolition of buildings contained in any other law for
the time being in force.

(3) No compensation shall be claimed bv any person

for nrjy Hamave which he may sustain in consequence of
the removal of any development under this Section or the
discontinuance of the d eve[1] oom ent ■ under Section 30A of

tills Act.”


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insertion **of** 9 **j n** the principal Act, after Section 50, the following

5oX,[S] 5UB°n S n e w S e c t io n s shall be inserted, namely: —

**and 50Gin**
**Assam Act**
**II of 1960.**

**“ Levy of** 50A (1) For the purpose of providing and main-

fees* taining any amenity, the Development Authority may levy
such fees as it may consider necessary which shall be in
addition to any fee for the time being leviable under this
Act or any other law in force, in respect of any site or
building on the transferee or occupier thereof.

(2) Where any transferee or occupier makes any

default in the payment of any fee levied under sub-sec­
tion (1), the Authority may direct that in addition to the
amount of the arrears, a sum not exceeding that amount
shall be recovered from the transferee or occupier, as the
case may be, by way of penalty.

(3) In case of any default in payment of an amount

payable under this Act the outstanding amount in default
together with any sum, if any, directed to be paid by way
of penalty under sub-section (2} may be recovered from
the transferee or occupier as the case may be, in the same
manner as arrear of land revenue.

Resumption 50B. In case of non-payment of consideration money

°[f] ° [r o r a n y] instalment thereof on account of the transfer of

u ' ' Illg’ any site or building or any rent due in respect of the

lease of any such site or building or in case of the breach
of any other conditions of such transfer or breach of any
rules made under the Act. the Authority may if it thinks
fit, resume the site or building so transferred and may
further forfeit the whole or any part of the money, if any,
paid in respect thereof.

**Audit of** 50C. The accounts of the Authority shall be subject

ff [C0]An t h[°][f] [ 1° ] [au£][iit annually by the Accountant General, Assam. The ]

rity. [U n i] accounts of the Authority along with the Audit Report
shall be placed before the State Legislature.”

**Insertion of** 10. In the principal Act, after Section 74, a new Sec-

newSec tic n[ tion 75 shall be added, namely:—]

**75 in the**

**Assam Act.**

**II of 1960.**

"Supersession 75 jf, at any time the State Government is satisfied

Authority. l^ [a t] Authority constituted under Section 8B of this

Act is not competent to perform, or persistently makes

default in the performances of the duties imposed on it
bv or under this Act or any other law or exceeds or

abuses its powers it may by notification, stating reasons


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THE ASSAM GAZETTE EXTRAORDINARY **MAY 3S 1985** **291**

declare the Authority to be superseded and on such super-
session, the proviso to sub-section (1) of Section 8A of this
Act shall apply.”

Repealand 11. (1) The Assam Town and Country Planning (Amend- Assam Or-

bavmgs. ment) Ordinance, 1985 is hereby repealed. No/l^ot

1985.

(2) Notwithstanding such repeal any order passed,

notification issued, anything done or any action taken under
the principal Act, as amended by the said Ordinance shall
be deemed to have been passed, issued, done or taken under
the corresponding provisions of the principal Act, as

amended by this Act.

MD. SAADULLAH,

Secretary to the Govt, of Assam

Legislative Department.

GAUHATI—Printed and published by the Supdt. i/c., Assam Govt. Printing Press

(Ex-Gazette) No 107-1,236—500—3-5-1985.


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