The Guwahati Metropolitan Development Authority Act, 1985
# The Assam Gazette
 'siwra'f

## EXTRAORDINARY

**«r«** **« w** sr^ w

**PUBLISHED BY AUTHORITY**

« 157 fR»T«tw, ’’rfswrw, 14 jwfw, 1987, 23 1909 (W)

**Ke. 157** **Diipw, Saturday, 14th November, 1987, 23rd Kartlfes.**

**1909 ( S .E .)** **■**

**GOVERNMENT OF. ASSAM**

/

**ORDERS BY THE GOVERNOR**

##### legislative DEPARTMENT 1 legislative branch

#### HOTIFICATIOK

The 10th No Veer 1987

No. LGL. 107/85/291.—The following Act of the Assam

Legislative Assembly which received the assent of the President;
#### fs hereby, published for general information,

» }


-----

###### - Assam Act Nek XX of 1987.

 (Received the assent of the President on 20th October, 1987)

 THE Gl 7AHATI METROPOLITAN DEVELOPMENT
 AUTHORITY ACT, 1985.

 • An
 Act

to provide for the establishment of an Authority
for the planned development of the Guwahati

Metropolitan Area, and for matters connected

therewith or incidental thereto :

Whereas it is expedient to provide for the

establishment of an Authority for the enforce­

ment and execution of the Master Plan and for
the formulation and execution of schemes for.

the planned development of Guwahati Metropoli­
tan Area, for the co-ordination and supervision
of the execution of such plans and schemes with
the object-of securing proper living and sanitary
conditions, to conserve and promote the public

health, safety and general welfare of the people
Ijving therein and for matters connected there­
with or incidental thereto.

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

of the Republic of India as follows :—

CHAPTER I

Preliminary

**Short title,** 1. (1) This Act may be called the Guwahati
**ex teat aad**

**commence­** Metropolitan Development Authority A ct

**ment*** 1985.

(2) It shall extend to the whole of Guwahati

Metropolitan Area excluding any area to
which the provisions of the Cantonments
Act, 1924 apply,

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

State Government mav, bv notification .n
thp Official Gazette, appoint.


-----

THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. U , 1987 887

**Definition*.** 2. In this Act, unless there is anything repug­

nant in the subject or context : —

(1) "Agriculture” includes hortiudtufu, far­

ming, growing of crops, fruits, vegetables,

flowers, grass,' fodder and trees, or any

kind of cultivation of soil, breeding and

keeping of live-stock including • cattle,

horses, donkeys, mules, pigs and pouiuy,
and the use of land which is ancillary to

the farming of land or any other agri' ul-
tural purposes, but shall not include the

use of any land attached to a building for
the purpose of a garden to be used along
with such building ; and the expression

"agricultural” shall be construed t             -

dingly ;

(2) "Amenities” includes roads and streets,

open spaces, parks, recreational grounds,

playgrounds, water and electric supply,

street lighting, sewerage, drainage, r/;h]ic
works and other utilities, services and

conveniences and such other convenience

as the State Government may, by noti­

fication in the official Gazette, specify to be
an amenity for the purposes of this Act.

(3) "Authority” means the Guwahati Metro*

politan Development Authority constitu­

ted under Section 4 of this Act.

(4) "Betterment Fee” means the fee prescribed

in respect of an increase in the value of

land resulting from the execution of a

Development Scheme.

(5) "Building” means any construction for

whatsoever purpose and of whatsoever

materials constructed and every part

thereof, whether used as human habitation

or not and includes plinth walls, chimney,
drainage works, fixed plateforms, veran­

dah, balcony, cornice or projection, or part
of a building on anything affixed thereto-


-----

**888 THE ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,19 87**

or any walls, earth bank, fence or other

construction enclosing or delimiting or

intended to enclose or delimit any land or.
space.

(6) "Building operations” includes—

(a) erection or re-erection of a building or

any part of it,

(b) roofing or re-roofing a building or any

part of a building or an open space,

(7) "Commerce” means the carrying on of

an y’trade, business or profession, sale or
exchange of goods of any type whatsoever,
and includes the running of, with a view

to making profit, hospitals, nursing homes,
infirmaries, educational institutions and

also hotels, restaurants, boarding houses

not attached to any educational institu­

tion, and sarais; and the expression "com­
mercial” shall be construed accordingly ;

(8) "Development” with its grammatical varia­

tions means the carrying out of building,
engineering, mining or other operations,

in, on, over, or under land or the making
of any material change in any building or
land or in the use of any building or land
and includes division of any land ;

(9) "Factory” means a place to which the

provisions of the Indian Factories Act of
1934, or any amendment thereof shall

apply.

(10) "Guwahati Metropolitan Development

Authority” means the Authority constitu­

ted under Section 4 of this Act.

(11) "Industry” includes the Carrying on of any

manufacturing process as defined in the

Factories Act, 1948, and the expression

"industrial” shall be construed accor­

dingly :


-----

**THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14,** **1987**

**889**

(12) "Land” shall have the same meaning as in

the Land Acquisition Act, 1894 (1 of 1894)
and shall include land covered by water.

(13) "Local authority” means the Guwahati

Municipal Corporation or Board or a Com­
m ittee or any other authority legally

entitled to, or entrusted by the State Gov­
ernm ent with the control or management
of Municipal or local fund or which is

perm itted by the State Government to

exercise the powers of a local authority

and includes a Mahkuma Parishad and

Gaon Panchyat constituted under the

Assam Panchayati Raj Act, 1972 and as

amended.

(14) "Local Newspaper” in relation to Guwahati

M etropolitan Area means any newspaper

published or circulated within the Guwa­
hati M etropolitan Area.

(15) "M aster Plan” means the plan as defined

under Section 16 of this Act.

(16) "Notification” means a notification pub­

lished in the Official Gazette.

(17) "Occupier? includes any person paying or

liable to pay rent or any portion of the

rent of the land or building in respect of

which the work is due or compensa­

tion or prem ium on account of the occupa­
tion of such land and building and also a

rent free tenant.

(18) "Open space” means any land w hether

enclosed or not on which not more than

one-twentieth part is covered with buil­

ding and the rem ainder has been laid out
as a public garden or used for purpose **of**
recreation or lies waste and unoccupied.


-----

(19) "Operational construction ” means any

construction, whether temporary or per­

manent, which is necessary for the opera­
tion, maintenance, development or execu­
tion of any of the following services; — .

(i) Railways,

(ii) National Highways.

(iii) National Waterways
(iv) Major Ports,

(v) Airways and ZeerocLrames,

(vi) Posts and Telegraphs, Telephones,

Wireless, Broadcasting and other like

forms of •communication,

(vii.) Regional grid for electricity,

(viii) Any other service which the State

Government may, if it is of opinion

that the operation, maintenance, deve­
lopment or execution of such other

service is essential to the life of the

community, by notification, declare to
be a service for the purposes of this

clause.

Explanation.— For the removal of doubts,

it is hereby declared that the construction of -

(i) new residential buildings not connected

with operations like gate, lodges, hos­

pitals, clubs, institutions, schools, rail­

way colony, roads, drains, etc., in the

case of railways, and

(ii) a new building, new structure, new

installation or any extension thereof, in

the case of any other service ;

shall'not be deemed to be construction

within the meaning of this clause ;

(20) "owner” includes a mortgage in posses­

sion, a person who for the time being

is receiving or is entitled to receive, or

has received, the rent dr premium for

any land whether on his own account

or on account of, or on behalf of, or for


-----

###### the benefit of, any other person or as' an agent, trustee, guardian or receiver
 for any other person or for any religious or charitable institution or who would
 so receive the rent or premium or be entitled to receive the rent or premium if the land were let to a tenant; and also includes the Head of a Department or an Undertaking of the Central or a State Government, the General Manager of a Railway, the Secretary, or Other princi­
 pal officer of a local authority, statutory
 authority or company in respect ci pro­ perties under their respective control;

 (21) "Prescribed” means prescribed by rules
 made under this Act

 (22) "Public place” means-any place or buil­
 ding which is open to the use or enjoy­
 ment of the public whether it is actually used or enjoyed by the public or not and whether the entry is regulated by any charge or not;

 (23) "Reconstituted plot” means a plot which
 is in any -way altered- by the making of a Development Scheme.

 (24) "Residence” means the use for human
 habitation of any land or building or part thereof -including gardens, grounds, gara­ ges,'Stables and out-houses, if any ap­
 pertaining to such buildings, and the
 expression "residential” shall be con­
 strued accordingly.

 (25) "ftoad” means and includes any highway,
 street, lane, pathway, alley, passageway, carriage way, footway, square, bridge,
 whether private or public, whether,
 thoroughfare or not, whether existing or proposed in any scheme .and includes all bunds, channels, ditches, drains culverts, side walks and traffic islands.


-----

###### (26) "Scheme” means a developments scheme
 and includes a plan or plans together with the descriptive matter if any relat­
 ing to such a scheme as defined in Section 36 of ,this Act.

 CHAPTER II

 Declaration of Guwahati Metropolitan Area and constitution of Guwahati
 Metropolitan.Developm.ent Authority.

**• Declaration**

**of Guwa­hati** **Metro­** 3. (1) The State Government may, by noti­

**politan Area.** fication in the Official Gazette, declare

###### the area covered by the Guwahati Municipal Corporation Area and any
 other areas contiguous to the Guwa­
 hati Municipal Corporation Area, to
 be the Guwahati Metropolitan Area for the purposes of this Act.

 (2) The State Government may, if it thinks
 fit, by notification in the Official
 Gazette, enlarge, curtail or modify
 the Guwahati Metropolitan Are^ or any part thereof.

 (3) Every such notification shall define the
 limits of the area to which it relates.'

**Constitution**
**of the Guwa­hati Metro­** 4. (1) As soon as may be, after the com­
**politan Dev­** mencement of this Act, the State Go­
**elopment**
**Authority.** vernment shall by notification in the

###### official Gazette, constitute for the pur­
 poses of this Act, an Authority to be
 called "The Guwahati Metropolitan
 Development Authority” (hereinafter
 referred to as the Authority) with
 jurisdiction over the Guwahati Metro­
 politan Area.


-----

**THE** **ASSAM GAZETTE,** **EXTRA-ORDINARY, NOV. 14,** **1987** **893**

(2) The Authority shall ho a body corporate

having perpetual succession and a

common seal with power, subject to the
provision of this Act. to acquire, hold

and. dispose of properties bott>.moveable

and immoveable and to enter into any

agreement or contract, and shall by the

said name sue and be sued

Composition
of the Guwa­ 5. (1) The Guwahati Metropolitan D evelop­
hati Metro­ ment A uthority shall consist of the
politan Dev­
elopment following members, nam ely :—
Authority.

(a) The Chief M inister of the State of

Assam shall be the Chairman ;

(b) The M inister in charge of Town and

Country Planning Department and

the M inister in charge of M unicipal

Administration Department of the

State of Assam shall be the Deputy

Chairmen :

Provided that when there is no Council of

Ministers in the State of Assam, the State

Governm ent shall nominate such persons, as it
m ay think fit, to be the three members as the

Chairm an and Deputy Chairman respectively of

the Guwahati M etropolitan Development A utho­
rity ;

(c) One member “to be appointed by the

State Governm ent as Vice-Chairm an :

Provided that the State Governm ent may,

appoint the Secretary to the M inicipal Adm ini-

-- stration Department of the State Governm ent

as Ex-Officio Vice-Chairm an of the Guwahati

Metropolitan Development A uthority to run the

administration of the A uthority ;


-----

(d) the Chief Executive Officer of the Guwa-

hati Metropolitan Development Authority
to be appointed by the State Govern­

ment, ex-officio ;

(e) the Town Planner of the Authority (not

below the rank of Associate Planner of

the State Government) to be appointed

by the State Government;

(f) the Chief Engineer of the Authority (not

below the rank of Superintending Engi­
neer of the Public Works Department of

the State Government) to be appoited

by the State Government;

(g) the Financial Adviser and Chief Accounts

Officer of the Authority (in the rank of
Financial' Adviser of the State Govern­

ment) to be appointed by the State

Government;

(h) the Director of Town and Country Plan­

ning, Government of Assam;

(i) the Deputy Commissioner, Kamrup

District;

(j) the Deputy Commissioner, Pragjyntish-

pur District;

(k) the Chief Engineer, Public Works Depart­

ment (Roads);

(l) the Chief Engineer, Flood Control

Department ;

(m) the Chief Engineer, Public Health

Engineering Department;

(n) the Director, Municipal Administration

Department ;

(o) the Chief Executive Officer and Com­

missioner, Assam State Housing Board ;

(p) the Commissioner, Guwahati Municipal'

Corporation ;

(q) the Chairman, North Guwahati Town

Committee ;


-----

(r) one Councilor from the Guwahati Muni- ’

cipal Corporation to be nominated by

the Guwahati Municipal Corporation;

(s) one member from the Commerce and

Industry (Private Sector) to be nomina­

ted by the State Government;

(t) one member from the Railways to be

nominated by the State Government;

(u) three other members to be nominated

by the State Government, of whom one

shall be from the Planning and Develop­
ment Department, one from the Finance
Department and one person with expe­

rience of Town Planning or Architecture.

(2) The appointment of the vice-chairman

may be either whole-time or part-time

as the State Government may think fit,

but the appointment of the Chief Execu­
tive Officer, the Town Planner of the

Authority, the Chief Engineer of the

Authority, and the Financial Adviser

and Chief Accounts Officer of the Autho­
rity referred to in clause (d). clause (e),
clause (f), and clause (g) shall be whole­
time.

(3) The Vice-chairman shall be entrusted

general administration of the Guwahati

Metropolitan Development Authority as

per provisions of this Act subject to the
overall control and. supervision of the

Chairman or Deputy Chairman, as the

case may be, and shall discharge such

functions and exercise such powers as

may be delegated to him by the Chair­

man or Deputy Chairman, as the case

may be and shall during the absence of

the Chairman or Deputy Chairman, per­
form the functions and exercise the

powers of the Chairman or the Deputy

Chairman, as the case may be.


-----

(r) one Councilor from the Guwahati Muni- ’

cipal Corporation to be nominated by

the Guwahati Municipal Corporation;

(s) one member from the Commerce and

Industry (Private Sector) to be nomina­

ted by the State Government;

(t) one member from the Railways to be

nominated by the State Government;

(u) three other members to be nominated

by the State Government, of whom one

shall be from the Planning and Develop­
ment Department, one from the Finance
Department and one person with expe­

rience of Town Planning or Architecture.

(2) The appointment of the vice-chairman

may be either whole-time or part-time

as the State Government may think fit,

but the appointment of the Chief Execu­
tive Officer, the Town Planner of the

Authority, the Chief Engineer of the

Authority, and the Financial Adviser

and Chief Accounts Officer of the Autho­
rity referred to in clause (d). clause (e),
clause (f), and clause (g) shall be whole­
time.

(3) The Vice-chairman shall be entrusted

general administration of the Guwahati

Metropolitan Development Authority as

per provisions of this Act subject to the
overall control and. supervision of the

Chairman or Deputy Chairman, as the

case may be, and shall discharge such

functions and exercise such powers as

may be delegated to him by the Chair­

man or Deputy Chairman, as the case

may be and shall during the absence of

the Chairman or Deputy Chairman, per­
form the functions and exercise the

powers of the Chairman or the Deputy

Chairman, as the case may be.


-----

(4) The Vice-Chairman, if he is a whole­

time member and other members speci­
fied in clause (d), clause (e), clause (f)

and clause (g) shall be entitled to receive
from the funds of the Authority such
salaries and such allowances as may be

determined by the State Government in

this behalf.

(5) The Vice-Chairman, if he is a part-time

member, may be paid from the funds of
Authority such allowances as may be

fixed by the State Government in this

behalf.

(6) The Vice-Chairman, the Chief Executive

Officer, the Town Planner? the Chief

Engineer, and the Financial Adviser and
Chief Accounts Officer referred to in

clause (c), clause (d), clause (e), clause

(f) and clause (g) shall hold office during

the pleasure of the State Government.

(7) The members referred to in clauses (r)

and (s) of sub-section (1) shall hold office

for a term of three years from the date

of their nomination by the State Govern­

ment and shall receive such allowances

for attending meeting of the Guwahati

Metropolitan Development Authority or

any committee; thereof . as may be pres­

cribed:

Provided that the member referred to in

clause (r) of sub-section (1), on ceasing, to be a
Councillor of the Guwahati Municipal Corpora­
tion, shall cease to hold office as such member

notwithstanding that the said term of three

.years has not expired and the vacancy shall

be filled by the State Government by making a

fresh nomination.

(8) The State Government may, if it thinks

fit, terminate the appointment of any

nominated member before the expiry of
his term of office.


-----

(9) A nominated member of the Authority

may resign his membership by giving

notice m writing to the State Govern­

ment. He shah cease to be a member on
acceptance of such resignation.

(10) Any vacancy caused by resignation, death

or otherwise of a nominated member

shall be filled by fresh nomination by
the State Government.

(11) No act or proceeding of the Guwahati

Metropolitan Development Authority

shall be deemed to be invalid merely bv

reason of any vacancy in, or defect, initial
or subsequent, in,the constitution of that
Authority.

Function and6. (1) Subject to the provisions of this Act and

UwAutho-i- r v -les made thereunder and any direction

«v. ‘ which the State Government, may give from time

to time, the functions of the Guwahati Metro-*
politan Development Authority shall be tp pro­

mote and secure the development of the Guwa­

hati Metropolitan Area according to the Master
Plan.

(2) Without prejudice to the generality of

the functions specified in sub-section (1),
the Guwahati Metropolitan Develop­

ment Authority shall have the following
powers and functions :—[;]

(a) to carry out or cause to be carried ou

surveys of the area and to prepare repoi

or reports of such survey ;

(b) to prepare Master Plan for the Guwahal

Metropolitan Area ;

(c) to enforce and execute the Master Pla

for Guwahati Metropolitan Area :

(d) to prepare and execute developmei


-----

###### (e) to co-ordinate development activities of
 all departments and agencies of the. State
 Government or local authorities opera­ ting within the Guwahati Metropolitan
 Area ;

 (f) to carry out or cause to be carried out
 of such works as are contemplated in
 the Master Plan ;

 (g) to acquire, hold and manage such pro­
 perty both movable and immovable, as
 the Guwahati Metropolitan Development. Authority may deem necessary for the
 purposes of any of its activities and to lease, sell or otherwise transfer any pro­ perty held by it ;

 (h) to purchase by agreement or to take on.
 lease or under any form of tenancy, anv *
 land and to erect thereon such buildings or structure and to carry out such opera­ tions as may be necessary for the purpose of carrying on its undertakings ; A

 (i) to enter into or perform such contracts
 as may be necessary for the performance of its duties and for exercise of itspoweis under this A ct;

 Ci) to periorm anv other function which -s
 supplemental, incidental. or consequential to any of the functions aforesaid .r
 which ni;iv be prescribed.

the Meeting of Guwa- 7. (1) The Guwahati Metropolitan Development

lia ti Metro­ Authority shall observe such rules of procedure
politan Dev­elopment in legaid to the transaction of business it it<

A ” 1 horirv. meeting (including the quorum at its meeting)

###### as may be prescribed.

 (2) tile t merman '■!' 1 he Guwahati Metro­
 politan Development Aufhoiitv or, >f •
 any reason lie is unable m attend -mv


-----

**899**

w meeting, the Deputy Chairman or, if for

‘any reason the Chairman and the Deputy

Chairman are unable to attend any

meeting, the Vice-Chairman or if for any

reason he is also unable at attend the

meeting, any other member elected by the

members present shall, preside at the

meeting.

Power to g . (J ) The State Government may appoint a

appoint offi­

cers and suitable person as the Secretary of the

Secretary Authority who shall exercise such powers
and other
staff. and perform such duties as may be pres"

cribed by regulations ,or delegated to him

by the Authority or the Chairman.

(2) Subject to such control and restrictions as

may be prescribed by rules, the Authority
may appoint such number of other officers

and employees (including experts for

technical works) as may be necessary for
the efficient performance of its functions

and may determine their designations and

grades.

(3) The Secretary, and other officers and

employees of the Authority shall be en­

titled to receive from the funds of the

Authority such salaries and such allowan­
ces, if any, and shall be governed by such
conditions of service as may be determined
bv regulations made in this behalf.

Delegation g The Guwahati Metropolitan Development

Authority may, by order in writing and

subject to such conditions as it may think
fit to impose, delegate any of its powers,

duties and functions under this Act or any
other Act or any rule or regulation made
thereunder to the Chairman, Deputy

Chairman, Vice-Chairman, Chief Execu­

tive Officer, Town Planner. Chief Engineer.
Financial Adviser and Chief Accounts

Officer or any other Officer appointed

under this Act.


-----

**Powjr** **of** 10. (1) The Guwahati M etropolitan Develop­

**the** **Autho­**

**rity** **to co­** ment Authority may associate with itself,

**opt. mem­** any person as a co-opted member for a
**bers for Par­**

**ticular pur­** period of three years whose assistance or

**pose ■** advice it mav consider necessary in carry'

ing out its duties and functions as may be
decided, by the Authority in its meeting

by passing a resolution for such co-option.

(2) The person so associated shall not be deem­

ed to be a member of the A uthority and

shall have no right to vote at any meeting

thereof, but he mav take part in the dis- .

cussions of the Authority relating to the

purpose or purposes for which he was

associated with the Authority.

**Advisory** 11. (1) The Guwahati M etropolitan Development
**Council.**         - uthority shall, as soon as may be, consti­

tute an Advisory Council, for the purpose

of advising the A uthority on the prepa­

ration of Master Plan and on such other
m atters relating to the planning of deve­
lopment. or arising out of, or in connection
with the adm inistration of this Act as mav

be referred to it by the Authority.

(2) The Advisory Council shall consist of the

following members, namely :—

(a) the Chairm an of the Authority, ex-

officio, who shall be the P resid en t;

(b) the Deputy Chairmen of the Autho­

rity. ex-officio; •

(c) the Vice-Chairman of the Authority,

ex-officio;

(d) two persons with knowledge of Town

Planning or Architecture to be nomi­

nated bv the State Government ;

(e) two representatives of the Guwahati

Municipal Corporation to be elected by
the councillors from among themselves;

(fl one representative of the North-Guwa-

hati Town Committee :


-----

) (g) one representative of the Health De­

partment to be nominated by the State
Government;

(h) one representative from the Assam

State Electricity Board to be nominated
by the State Government:

(i) three persons to be nominated by the

State Government of whom one shall

represent the interests of commerce

and industry in Guwahati Metropolitan

A rea;

(j) four persons from the technical

departments of the State Government

to be nominated by the xState Govern­
ment ;

(k) one representative of the Indian

Railways to be nominated by the

State Government;

(l) three members of the Assam I i-wsla-

lative Assembly to be nominated by

the Speaker of that Assembly.

(3) If for any reason the Chairman of the

Guwahati Metropolitan Development

Authority is unable to attend any meeting
of the Advisory Council, such meeting

shall be presided over by. any of the

Deputy Chairmen ;

(4) The Advisory Council shall meet as and

when necessary and shall regulate its own

procedure.

(5) The members of the Advisory Council

shall hold office for such term, as may be •

prescribed.

**Constitutions 12. (1) The Guwahati Metropolitan Development**
of **Commit-** Authority may, from time to time, witn a

tees‘ view to give effect' to the purpose^ of this

Act and other Rules made under this Act


-----

constitute as many committees consisting

of such persons of following classes as it

may think fit, namely :—

(i) Members of the Authority.

(ii) Persons associated with the Authority.

(iii) Other persons whose assistance or

advice the Authority may desire as

members of such committees.

Provided that no Committee shall con­

sist of less than three and more than seven
persons.

(2) The Authority may—

(a) refer to such Committee, for inquiry

. and report, any matter relating to any
of the purposes of this Act and rules

under this A c t;

(b) delegate to such Committee by speci­

fic resolution and subiect to rules made
in this behalf, any of the powers or

duties of the Authority relating to the
subject matter for which the Commit­
tee has been constituted.

(3) The Guwahati Metropolitan Development

Authority may. at any time, for reasons

to be recorded in writing, dissolve or, sub­
ject to the provision of sub-section (1) alter
the constitution of any such Committee.

(4) Every Committee shall carry out any

instruction given to it bv the Authority

and every final decision of such Committee
shall, subiect to any rule to the contrary,
be laid before the Authority for confir­

mation.


-----

**THE** **ASSAM** **GAZETTE,** **EXTRA-ORDINARY, NOV. 14,** **1987** **903**

###### (5) A Committee constituted under this section
 shall meet at such .place and at such time, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may
 be determined by rules made in this behalf.

 (6) The members of a Committee, other than
 the members of the Guwahati Metropolitan
 Development Authority, stall be paid such fees
 and allowances for attending its meetings and for attending to any other work of the Guwahati
 Metropolitan Development Authority, as may be
 determined by rules made m this behalf-

 supply of 13- (1) The Guwahati Metropolitan Develop-
 andU?nfor- ment Authority shall forward to the State Govern-
 the^stw [m e n t] > copies of the minutes of the proceedings of
 Govern- “ each meeting of the Authority, within ten days
 menu f m i date on which the minutes are signed.
rO t IC

###### (2) The Authority shall, if so directed by the
 State Government, forward to it a copy of all papers which were laid before the Authority for consideration in any meeting.

 (3) The State Government may require the
 Guwahati Metropolitan Development Authority to
 furnish it with—

 (a) any return, statement, estimate, statistics or
 other informations regarding any matter
 under the control of the Authority, or

 (b) a report on any such matter, or

 (c) a copy of any document in the charge of
 the Authority.

 duWGuw°f- 14. (1) Notwithstanding anything contained in
a

**hati Metro-** other law for the time being in force, the Guwahati
###### vciopme??’ Metropolitan Development Authority may give such
 Authority directions with regard to the implementation of

**directions,** any development project, as it may think fit, to

###### an authority to which payment of any money from its fund has been made under this Act.


-----

**904** **TH E A S S A M G A Z E T T E , E X T R A - O R D IN A R Y , N O V .14,1987**

###### (2) The Guwahati Metropolitan Development
 Authority shall so exercise the powers of super- vi ' n referred to under this Act as may be nece­ ssary to ensure that each development project
 is executed in the interest of the over-all develop­ ment of the Guwahati Metropolitan Area and in
 accordance with the approved Master Plan.

 Power of 15. (1) Where the Guwahati Metropolitan
 Ud^etro- Development Authority is satisfied that any direc-
 poiitan tjon given by it under sub-section (1) of Section
 n®nt[1]OAut- M with reg..rd to any development project has
 hority t
o n o [t been carried out by such authority referred to ]

any therein or that any such authority is unable to

###### fully implement any scheme undertaken by it for the development of any part of the Guwahati
 Metropolitan Area, the Guwahati Metropolitan
 Development Authority may itself undertake the works and incur any expenditure fi r the execution of such development projects or implementation of such schemes, as the case may be.

 (2) The Guwahati Metropolitan Development
 Authority may also undertake any works or schemes in ti c Guwahati Metropolitan Area or as may be directed by the State Government and may incur such expenditure as may be necessary lor the execution of such work or scheme*

 CHAPTER HI

 Master Plan

 Preparation 16. A Master Plan hereinafter referred to as
 pian.[aS,er] “Plan” in this Act for the development cf Guwa­
 hati Metropolitan Area er fir any area with­
 in the Guwafati Metrept litan Ana which the
 State devernment may, ce nsie’er necessary, shall
 be drawn up by the Authc rity in c< nsidtatic n
 with tl.c Dirccter cf Te wn and Cemtiy Flaming
 or such ether e xperls cf ce nsuharcy as the Gvwa?-
 l ati Metropolitan Development Aufl e rity consider
 it necessary:


-----

**THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14,** **1987** **905**

###### Provided further, the Authority may adopt the
 existing Master Plan for Greater Guwahati prepared
 by the Director of the Town and Country Plan­ ning Department, with such alterations, modifica­ tions, changes and adjustments as it deems necessary.

 Masterplan# The Authority shall, as soon as maybe,
 ‘carry out necessary surveys of, and prepare a Mas­
 ter Plan for Guwahati Metropolitan Area or for any area within the Guwahati Metropolitan Area, as it may deem necessary in the manner prescri­ bed in Section 16.

 - (2) The Master Plan shall—

 (a) ' define the various zones into which Guwa­
 hati Metropolitan Area may be divided for the
 purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying cut thereon of deve­ lopment or otherwise) and the stages by which
 any such development shall be carried out; and

 (b) serve as a basic pattern of frame work with­
 in which . detailed, development schemes of the vari­
 ous zones may be prepared.

 Contents of 18.(1) The Master Plan to be prepared as
 pJL[Master] defined in Section 16, may include:—

 (a) a general land use plan for residential,
 commercial, industrial, recreational and public and semi-public purposes;

 (b) Zoning plan and Zoning Regulations;

 (c) Transportation plan including roads, rail­
 ways, canals, etc ;

 (d) Public utilities pian;

 (c) any other matter which is necessary for the
 proper development of Guwahati Metropolitan Area;
 " (f) necessary report giving relevant data and
 information in respect of the proposals in the Plan and any oilier thing as it deem necessary.


-----

###### (2) The Zoning Plan and Zoning Regulations
 may—

 (a) contain a site-plan and use-plan for the
 development of the zone ;

 (b) specify the standards of population density
 and building density ;

 (c) show every area in the zone which may, in
 the opinion of the Authority, be required or dec­ lared for development or re-development ; and

 (d) in particular, contain provisions regarding
 all or any of the following matters, namely :—

 (i) the division of any site into plots for the
 erection of buildings ;

 (ii) the allotment or reservation of land for
 roads, open spaces, gardens, recreation
 grounds, schools, markets and other pub­ lic purposes ;

 (iii) the development of any area into a
 township or colony and the restrictions and conditions subject to which such develop­
 ment may be undertaken or carried o u t;

 (iv) the erection of buildings on any site and
 the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and height and chara­
 cter of buildings ;

 (v) the alignment of building on any site ;

 (vi) the architectural features of the elevation
 or frontage of any building to be erected
 on any site;

 (vii) the number of residential buildings which
 may be erected on any plot or site ;

 (viii) the amenities to be provided in relation
 to any site or buildings on such site


-----

###### whether before or after the erection of
 buildings and the person or authority by
 whom or at whose expense such ameni­
 ties are to be provided ;

 (ix) the prohibitions cr restrictions regarding
 erection of shops, workshops, warehouses or factories or buildings or a specified
 architectural featute or buildings designed for particular purposes in the locality ;

 (x) the maintenance of walls, fences, hedges
 or any other structural or architectural construction and the height at which
 they shall be maintained ;

 (xi) the restrictions regarding the use of any
 site for purposes other than erection of buildings; and

 (xii) any other matter which is necessry. for
 the proper development of the zone or any area thereof according to Plan and for preventing buildings being erected
 haphazardly in such zone or area.

Submission 19. Every Plan shall, as soon as may be

###### t°h [P]sute[to a] ft[e r] i[ts] preparation, be submitted by the Autho-
 Govermnent rity to the State Government for approval and
 for appro- ^ a t Government may either approve the plan
 without modifications or with such modifications as it may consider necessary or reject the Plan with direction to the Authority to prepare a fresh plan according to such directions.

Procedure 20.(1) Before preparing any Plan finally and

t0 deifoth' submitting it to the State Government for appro-
###### preparation val, the Authority shall prepare a plan in draft and

 •nd appro- p bfi h it by making a copy thereof available for
U s

va ° an' inspection and publishing a notice in such form

###### and manner as may be prescribed by rules made in this behalf inviting objections and suggestions
 from any person with respect to the draft plan
 before such date as may be specified in the notice.


-----

###### (2) The Authority shall also give reasonable
 opportunities to every local authority within whose local limits any land touched by the plan is situated, to make any representation with respect to the plan.

**X**

###### (3) After considering all objections, suggestions
 and representations that may have been received by the Authority, the Authority shall finally prepare the plan and submit it to the State Government for its approval.

 (4) Provisions may be made by rules made in
 this behalf with respect to the form and content of a plan and with respect to the procedure to be followed and any other matter, in conection with the preparation, submission and approval of such plan.

 (5) Subject to the foregoing provisions of this
 section, the State Government may direct the Autho­ rity to furnish such information as the State Govern­ ment may require for the purpose of approving any plan submitted to it under this section.

 operadon'of 21. (1) Immediately after the plan and Zoning
 Wans and Regulations have been approved by the State Govern-
 guiIationsRe"m e n t ’ ^ e Authority shall publish in such manner
 as may be prescribed by regulations, a notice stating that a plan has been approved and naming a place where a copy of the plan may be inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice, the plan shall
 come into operation.

 (2) After the coming into operation of the Master
 Plan and Zoning Regulation, it shall be the duty of the Guwahati Municipal Corporation or any other local authority, within whose jurisdiction such area or zone is situated to enforce such regulatory measures in supersession of the rules and regula­ tions, if any, applicable to such area or zone.


-----

###### Modification 22. (1) The Authority may make anv modifica-
 terS^lndtions to the Master Plan and Zoning Regulations
the Zoning as it thinks fit. being modifications which, in its
Regulations. Opjn -Or[^ j 0 n Q t e g-e c t important alterations in the

###### character of the plan and which do not relate to the extent of land uses or the standards of popu­
 lation^ density.

 (2) The State Government may make any modi­
 fications to the Master Plan and Zoning Regula­ tion whether such modifications are of the nature
 specified in sub-section (1) or otherwise.

 (3) Before making any modifications to the Plan,
 the Authority or, as the case may be, the State Government shall publish a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the proposed modi-
 , fications before such date as may be specified in
 the notice and shall consider all objections and
 suggestions that may be received by the Authority or the . State Government.

 (4) Every modification made under the pro-
 sions of this section shall be published in such
 manner as the Authority or the State Government, as the ease may be, may specify and the modi­ fications shall come into operation either on the date of the publication or on such other date as the Authority or the State Government may fix.

 (5) When the Authority makes any modifica­
 tions to the Plan under sub-section (1), it shall report to the State Government the full particulars of such modifications within [z] thirty days of the elate on which such modifications come into operation.

 (6) If any question qrises whether the modi­
 fications proposed to be made by the Authority are modifications which effect important alterations in the character of the plan or whether they relate to the extent of land-uses or the standards of popu­ lation density, it shall be referred to the State Government whose decision thereon shall be final.


-----

###### Restriction 23- After the coming into operation of any
 tand^'awi Master Plan jn any area under sub-section (1) of buildings Section 21, no person or body (including a depart- tcr publics- me-' of State or Central Government cz the local
 don of the autnority) shall use or permit to be used any land,
Master p!an’sub-divide any land by transfer, by way of gift,

###### sale, partition or any other manner the whole or any part of the land, dr setup any new structure on any land covered by the Plan or change the existing structure or any building or use of any building or land within the area covered by the
 Plan except with permission of the Guwahati Met­
 ropolitan Development Authority on a written appli­
 cation submitted for the purpose-

 of°deveton ^4- After the coming into force of this Act,
 ment with- no development, institution or change of use of any
 °sionPermi" ^a n d b® undertaken or carried out within the Guwahati Metropolitan Area without obtaining the permission in writing from the Authority as provided for here-in-after :

 Provided that no such permission shall be
 necessary—
 (i) for the carrying cut such works for the
 maintenance, improvement or other altera­ tion of any building which effect only the interior of the building or which do not materially effect the structural and external appearance of the building;

 (ii) for the carrying out by the Central or the
 State Government or any local authority
 of any works required for the maintenance
 or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, read or public street;

 (iii) for the carrying out by the Central or the
 State Government or any local authority of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking open of any street
 or other land for that purpose;


-----

###### (iv) for the cxcavatic n (including wells) made in
 the ordinary course of agricultural operations;

 (v) fcr the construction cf unmetalled road in­
 tended to give access to land solely for agricultural purposes.

 25. (1) Any person or body (including a depart-
 lopment'" ment of the Central or the State Government or
 any local authority) intending to carry out any development on any land shall make an application in writing to the Guwahati Metropolitan Develop­ ment Authority for permission in such. form and
 containing such particulars and accompanied by such documents as may be prescribed.

 (2) Each such application shall be accompanied
 by a plan drawn to scale showing the actual di­ mension of the parcel of the land and the building to be built upon it, the site and the position of the building to be erected and in case of altera­ tion in the use or structure of the building or land’
 the nature and extent of such alteration.

 (3) The Authority may also call for such Other
 information as it may deem necessary to examine
 the application.

 (4) The Authority shall not refuse the permi­
 ssion except on the ground of contravention of pro­ posals contained in the plan or the Zoning Regu­ lations and unless the permission has been refused within a period of one month from the receipt of the application or such other information as may be called for by the Authority under sub-section
 (3), it shall be presumed that the permission has
 been given.

 (5) On such applicant n having been duly made,
 and on payment of the development permission fees as may be assessed as prescribed by laws framed by the Authority in this behalf—

 (a) the Authority may pass an order —

 (i) giantihg permission unconditionally ; or


-----

912 THE ASSAM G A Z E T T E , E X T R A -0 R DIN A R Y, N 0 V»14,19 87

###### (ii) granting permission subject to such conditions
 as it may think fit; or

 (iii) refusing permission.

 (b) Without prejudice to the generality of clause.'’" '
 (a) of this sub-section, the Authority may impose
 conditions—

 (i) to the effect that the ’ permission granted
 is only for a limited period and that after the expiry Of that period, th® land shall be restored to its previous conditions or the use of the land permitted shall be dis­
 continued . .

 (ii) for regulating the development or use of
 any other land under the control of the applicant or for the carrying out of works on any such land as may appear to the >
 Authority expedient for the purpose of the
 permitted development ;

 ■ A Provided no such fee shall be necessary in the
 case of an application made by a department of
 ‘ the Central or the State Government or any local
 authority.

 (6) When permission is granted subject to con­
 ditions or is refused, the grounds of imposing such conditions er such refusal shall be recorded in the
 order and the order shall be communicated to
 the applicant.

 (7) When permission is refused under this
 section, the applicant or any person claiming thro­
 ugh him, shall not be entitled to get refund of the
 fee paid on the application for permission but the
 Authority may, or an application for refund being
 made within three months of the communication
 of the grounds of the refusal under sub-section (6), direct refund of such portion of the fee as it may
 seem proper in the circumstances of the case.

_I_ ' i                                                -


-----

THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 91 3

###### (8) In the case of a department of the Cen­
 tral or the State Government or any local autho­ rity intending to carry out any development other
 than operational constructions, on any land where the Authority raises any objection in respect of the conformity of the proposed development either to any Master Plan or scheme under preparation, or to any of tire building by laws in force, or to the Zon­ ing Regulations, or due to any other material con­ sideration under sub-section (9), the department or

 • the authority, as the case may be, shall;

 (a) either make necessary modifications in tlic
 proposals for development to meet the objections,

 or 7

 (b) submit the proposals for development toge­
 ther with - tic objections raised by the Authority to 7

 * the State Government for decision. When propo­
 sals and objections have been submitted, no deve­ lopment shall be undertaken until the State Govern­ ment has finally decided on the matter.

_i-_
###### (9) The State Government on receipt of the
 proposals for development together with the object­ ions of the Authority, shall eith’er approve the proposals with or without modification or direct the concerned authority to ma e such modifications in the proposals as it considers necessary in the cir­
 cumstances. '

 in^tg^antof 26- Any applicant aggrieved by an order passed
 permissi o n under Section 25, or if no order is passed under
 subject to that section, may appeal within one month of the refusal of communication of that order to him or after the
 permission, expiry of the period of three months from the date
 of submitting the application, as the case may be, in the manner and accompanied by such fees as may be prescribed, to the Appellate Authority ap­ pointed by the State Government in this behalf.

 La se of 27. (1) Every permission for any development
 permission? granted under this Act shall remain in force for a
 period of one year from the date of such permis­ sion.


-----

###### (2) The Authority may, on application made
 in this behalf before the expiry of the aforesaid period, extend the same fbr such times as it may think proper, but the total period shall in no case exceed three years.

 (3) If any permission lapses under sub-section
 (1) or (2), such lapse shall not bar any subsequent
 application for fresh permission under this Act.

 Sub-division 28- (1) Every person who intends to sub-divide
 °iandrlv *4' any plot of land within the Guwahati Metropo­
 litan Area shall give notice ini writing to the
 Authority of his said intention and such
 notice shall be accompanied by the plans
 and statements together with a development per­ mission fee as prescribed.

 (2) AH plans for sub-division of land shall be
 in accordance with the standards prescribed by the
 State Government.

 Plans 29. A layout plan drawn to a suitable scale

_vying notice, a n d containing the following information shall accom­_

###### pany the notice given under Section 28,—

 (a) the location of the land,

 (b) the boundaries of the proposed land
 shown on the map, and sufficient desc­
 ription to define the same,

 (c) name and address of the owner of the
 land,

 (d) location, name and present widths of
 the adjacent roads and lanes,

 (c) the major physical characteristics of
 the land proposed to be sub-divided, including topography, the approximate location and width of any water course and location of any areas subject to inundation or flood,


-----

###### (f) The complete layout of the proposed
 sub-division showing the location and widths of all the proposed street
 dimensions and uses of all the plots,

 (g) The locations of all drain* sewers and
 other utilities,

 (h) Building lines permissible,

 (i) Scale and north line,

 (j) [K] ey plan.

 with1*0" 30.(1) The Authority may either grant or refuse
 without ^5 approval to the plans or may approve them
 modification with such modifications as it may deem fit and
 or re us . thereupon shall, communicate its decision to the
 person giving the notice within three months from the date of the notice.

 (2) No person shall be allowed to construct a
 building on any plot of land, the sub-divi­
 sion of Ahich has not been previously approved by the * Authority.

 Layout not 31. Should be Authority determine at any stage

according to that the layout or the construction • is not procee-

p an’ ding according to the • sanctioned plan or is in

###### violation of any provision of this Act, it shall serve a notice on the applicant requiring him to stay further execution until correction has been

1 effected in accordance with the approved plan.

###### Prohibition 32. Where any deed or document required to be

of registra- registered under the Indian Registration Act, 1908 (Act
###### certain cases. No.XVI of 1908), purports to sub-divide any land or
 transfer of any land within the Guvvahati Metropolitan
 Area, nb registering officer shall register any such
 document unless the party presenting the deed or document for registration produces a No-Objection
 Certificate from the Authority to the effect that the Authority has No-Objection to the registration
 of such deed or document-


-----

Power of 33.(1) If it appears to the Authority* that, it is

revocation and modi­ expedient, having regard to the Master Plan or
fication of development scheme prepared or under preparation
permission to develop. or to be prepared and to any other material con­

###### sideration, that any ' permission to develop land granted under this Acs or any other law, should be revoked or modified, the Authority may, bv order, revoke or modify the permission to such extent as appears to it to be necessary provided that,—

 (a) Where the permission relates to the carrying
 out of building or other operations, rto such order
 shall,—

 (i) affect such of the operations us have been
 previously carried out;

 ii) be passed after these operations have been
 completed

 (b) Where permission related to a change of
 use of land, no such order shall be passed at any
 time after the change has taken place,

 (2) When permission is revoked or modified by
 an order made under sub-section (1), if the owner claims from the Authority within thirty days from the date of revocation or modification, an amount for the expenditure incurred in carrying out the
 works after the grant of permission and m accor­ dance with such permission, which has been
 rendered abortive by the revocation or modification, the Authority shall, after giving the owner a rea­ sonable opportunity of hearing by the Authority,
 assess and offer such amount to the owner as it thinks fit.

 (3) If the owner aggrieved by .the assessments
 and offer of such amount made by the Authority, the aggrieved owner may appeal to the Appe­ llate Authority against the assessment and offer of
 such amount, within thirty days from the date of offer and the decision of the Appellate Authority
 shall be final and binding on the owner and the Authority.


-----

**Penalty for** 34. The Authority shall have power to impose-

**violation.**

###### fine not exceeding five hundred rupees on any per­ son, firm or Corporation who violates, disobeys, refuses to comply with, cr who resist the enfor­
 cement of any of the provisions of this Act.
 Continuation of the violation shall constitute a
 separate offence for which a fine of fifty rupees per day may be imposed for the days after the first conviction- An appeal shall lie to the Appellate Authority constituted under this Act.

 CHAPTER VI

 Development of lands and Development schemes.

 Declaration 35. (1) As soon as may be after the co m m en c^
 melt[V]arcM[m] ent °f this Act, the Authority may for the purpose
 and prepa-of implementing the proposals contained in the
 D’evdopment^aster plan, by notification in the Official Gazette,
 schemes, declare any area in the Guwahati Metropolitan
 Area to be a development area for the purposes
 of this Act and shall thereafter prepare one or
 more development schemes tor the development area.

 (2) Notwithstanding anything contained in sub­
 section (1), the State Government may after making such enquiry as they may deem neceisary, by noti­ fication in the Official Gazette, declare any area in
 the Guwahati Metropolitan Area to be a develop­ ment area and shall thereafter, direct the Autho­ rity, or any Officer of the State Government or any
 local authority to prepare and submit for . their
 sanction before an appointed date, a scheme under this section for an area specified in such notification:

 Provided that, while preparing the scheme as
 directed by the State Government, the Officer of
 the State Government cr the local authority, as the case may be, shall prepare such schemejn consul­ tation with the Guwahati Metropolitan Development Authority.


-----

**TH E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .1 4 ,1 9 87**

###### Provided further that the State Government or
 the Authority may, prepare a scheme in consultation with such other experts of consultancy if the State Government or the Authority, as the case may be, deem it necessary-

 (3) While preparing the scheme, the Authority,
 any officer of the State Government or the local authority, as the case may be, shall issue a notice inviting the names of all the. claimants of any in­
 terest on any land or building within the area under the scheme, to be submitted within a period of not
 more than two months.

 (4) Save as provided in this Act, the Authority,
 the officer of the State Government or the local
 authority shall, not undertake or carry out any develop-

 >  ment of land in any area which is not a develop­ ment area.

 DeveVme[6 ] 36 (1) A scheme may be made in accordance
 Scheni'^nientwith the provisions of this Act in respect of any
 land which is—

 (a) in the course of development ;

 (b) likely to be used for building and other
 purposes, or

 (c) already built upon.

 Explanation :—The expression ‘land likely to be
 used for building and other purposes’ shall include any land likely to be used as, or for the purpose of providing open spaces, roads, streets, parks, pleasure or recreational grounds, parking spaces, or for the purpose of executing any work upon or under the land incidential to a scheme whether in the nature of a building work or not.

 (2) Such schemes may make provisions for all
 or any of the following matters: —

 (a) The laying out or relaying out of land, either
 vacant or already built upon ;


-----

###### (b) the filling up or reclamation of low lying
 swamp or land or unhealthy areas or levelling up of land ;

 (c) the laying out of new streets or roads,
 construction, diversion, extension, alteration, impro­ vement and stopping up of streets, roads and com­ munications ;

 (d) the reconstitution of plots;

 (e) the construction, alteration or removal of
 buildings, bridges or other structures ;

 (f) the allotment or reservation of land for
 roads, open spaces, garden, recreation grounds,
 schools, markets, industrial and commercial activities, green belts and dairies, transport facilities and
 public purposes of all kinds ;

 (g) the undertaking of housing schemes for
 different income, groups, commercial areas, indus­ trial estates, provision of community facilities like schools, hospitals and similar types of developments;

 (h) drainage inclusive of sewerage, surface or
 subsoil drainage and sewage disposal ;

 (i) lighting ; (j) water supply ;

 (k) the preservation and protection of objects
 of historical importance of natural beauty and of
 building actually used for religious purpose;

 (l) the imposition of condition and restrictions
 in regard to the open space to be maintained about
 buildings, the percentage of building area for a plot, the number, height and character of buildings allowed
 in specified areas, the purposes for which buildings or specified areas may or may not be appropriate, the sub division of plots, the discontinuance of ob­
 jectionable uses of land in any area in reasonable
 periods, parking space and loading and unloading space for any building and the size of projections and advertisement signs;


-----

###### (m) the suspension, to the extent necessary for
 the proper carrying c ut of the scheme, of any rule,
 bye-law, regulations, notification or order made or issued under any Act of the State Legislature or any
 of the Acts which the State Legislature is compe­ tent to amend ;

 (n) acquisition by purchase, exchange or other­
 wise of any property necessary for or effected by
 the execution of the scheme ; and

 (o) such ether matters not inconsistant with
 the objects of this Act, as may be directed by the State Government.
\

**Contents of** 37. The Scheme shall contain, so far as may

**the Scheme**

###### be necessary the following particulars:—

 (a) the area, ownership and tenure of all exi­
 sting plots covered by the scheme;

 fb) the land allotted or reserved under clause
 (ij of sub-section (2) of Section 36 with a general
 indication of the uses to which such land is to be pi t and the terms and conditions subject to which such land is to be put to such uses;

 A, a full description of all the details of the
 scheme under such clause of sub-section (2) of Section
 36 as may be neccsjary;

 (d) the hying tu to r relaying out of the land
 either vacant or already built upon;

 A) the filling up or reclamation of lowlying
 swarnp or land;

 A) tj,c extent Io which it is pre posed to alter
 the boundaries of the existing plots in accordance with the proposed scheme;

 (g, an estimate of the total cost of the scheme
 and the net cost to be borne by the Authority;

 (h) any other paiticulars which may be pre­
 set i bed.


-----

###### Recomti- 38. (1) In a scheme reconstituting the plots,
 plot scheme. the size and shape of every reconstituted plots, shall
 be determined, so far as may be to render it suitable for building purposes, and where a plot is already built upon to ensure the buildings, as far as possible, comply with the provisions of the scheme as regards
 open spaces.

 (2) For the purpose of sub-section (1) , the
 scheme may contain proposals—

 (a) to form a final plot by reconstitution of
 an existing plot by alteration of the boundaries
 of the existing plot, if necessary;

 (b) to fi rm a reconstituted plot from an exi­
 sting plot by the transfer wholly or partly of the adjoining lands;

 (cl to provide, with the consent c f the owners,
 that two or more existing plots each of which is held in joint ownership or in serveralty shall there­ after with or without alteration of boundaries,be held in ownership in common as a reconstituted plot;
 (d) to allot a reconstituted plot to any per­
 sons if dispossessed of land in furtherance of the
 scheme, and

 (c) to transfer the owneship of an existing
 plot from one person to another.

Pf bhCDe°ve (1) As [s o o n ] a s m a y be, after the scheme
###### iopment[eV]C under Section 35 has been prepared, the Guwahati
 scheme. Metropolitan Development Authority, the officer of
 the Government or the local authority, as the case may be, shall publish the scheme in the Official Gazette and in one or more local news paper specifying the place or places where copies of the same may be inspected, and inviting objec­
 tions in writing from any persons or claimants as referred to in sub-section (3) of Section 35, with
 respect to the scheme within such period as may be specified in the notice, which shall not be less than two months from the date of publication of the notice, in the Official Gazette:


-----

###### Provided that where it is expedient to do
 so, for the proper carrying out of the scheme, as referred to in clause (m) of sub-section (2) of Sec­ tion 36, the Guwahati Metropolitan Development Authority, the officer of the State Government or
 the local authority as the case may be, simulta­
 neously with the publication of the scheme, shall submit copies of the notice and of the scheme to the State Government drawing particular attention to the provision in the scheme referring to clause
 (m) of sub-section (2) of Section 36 :

 Provided further that no such notice shall be
 required where land covered by the scheme has alrcad) been acquired and the execution of the sche­ me does not effect the interest of any person.

 (2) After the expiry of the aforesaid period,
 the Authority, the officer of the State Govern­
 ment or the Local Authority, as the case may
 be, shall examine the scheme in the light of such
 objection, giving sufficient opportunity for hearing to all such nterested persons who have filed objec­ tions and demanded a hearing in the manner pre­ scribed, and shall approve or refuse to approve
 or approve with such modifications as it may
 deem necessary, for the implementation of the scheme and for imposing for that purpose re­
 asonable restrictions in the use of land and buil­
 ding within the area.

 (3) After the Authority, the officer of the
 State Government or the local authority, has
 adopted the scheme, it shall be forwarded to
 the State Government for its approval and sanc­
 tion, if so required under any rule prescribed,
 otherwise the scheme will come into force from
 the date the scheme is adopted-

 40. On and after the day on which a scheme
 comes into force; ■

 (a) all lands required by the Authority shall,
 unless it is otherwise determined in such scheme,
 vest absolutely in the \uthority Ire ■ all from en­
 cumbrances ;


-----

###### (b) all rights in the existing plots whicn.
 have been reconstituted shall determine, and the re­ constituted plots shall become subject to the rights settled by the Authority;

 (c) the Authority shall handover possesiion of
 the reconstituted plots to the owner to whom
 these are allotted in the scheme.

implement- 41. (1) The scheme shall come into force from

     - atio n of the the date as may be fixed by the State Government

###### Shemwmentin sanctioning the scheme or from the date of
 adoption of the scheme as povided in sub-section (3) of Section 39, as the case may be and shall
 be implemented by the Authority itself or by such other authority as may be authorised by the State Government in that behalf.

 (2) No person or body (including a department
 of Government and any local authority), shall within
 any area where a scheme has came into force erect or proceed with any building or work or remove and
 alter or make additions or make any substantial repair to a building or a part of it, a compound
 wall or any drainage work or may remove any
 earth or change the use of any land or building except on permission of the Authority on application
 submitted for the purpose. Unless the permission has been refused within one month from rhe date of
 receipt of the application it shall be presumed that the permission has been given.

Amendments 42. (1) If after the final scheme has come into

and Altera­tions of the force, the Authority, the Officer of the State Govern­

Develop­ ment or the local authority, as the case may be,

scheme.ment considers that the scheme is defective on account of

###### an error or irregularity or for any other reason, it shall refer to the State Government, to modify or withdraw the scheme and to publish the modified or withdrawn scheme in the manner prescribed in this Act.

 (2) The modification of the scheme shall state
 every amendment proposed to be made in the scheme and if any such amendment relates to matter specified


-----

###### in any or all of the clauses of sub-section (2) of Section 36, the modification shall also contain such other particulars as may be found necessary.

 (3) The variation shall be open to inspection
 by the public at the office of the Local body or bodies as prescribed, covering the area during office hours.

 (4) Within one month from the date of publi­
 cation of the modification, any person affected thereby may communicate in writing his objection to the Authority, the officer of the State Government or the local authority, as the case may be-

 (5) After receiving the objection under sub­
 section (4) above, the Authority, the Officer of the State Government or the local authority, as the case
 may be, after making such enquiry as it may think
 fit, approve the proposed modification with or
 without any further modification thereof.

 (6) Such modification shall take effect as if itwere
 incorporated in the scheme from the date of its modi­ fication.

 (7) The Authority, the Officer of the State
 Government, or the local authority, as the case may be, shall thereafter submit the modified scheme to the State Government for sanction. The modified
 scheme shall be published after sanction in the manner as prescribed for the original scheme.

**Power** **to** 43- (1) Notwithstanding anything contained in

**revoke «he**
**Develop­** Section 42, a scheme may at any time be modified or
**ment** revoked by a subsequent scheme made, published

**scheme-**

###### and sanctioned in accordance with this Act.

 (2) The State Government, at its own initiative
 or on the application of the Authority may at any
 time, by a notification in the Official Gazette, revoke a scheme, if it is satisfied that under the special circumstances of the case, the scheme shall be so
 revoked ;


-----

###### Provided that where revocation or modification
 is ordered by the State Government after partially or wholly implemented a scheme, compensation ihould be paid for the necessary alteration in the manner
 prescribed.

 Power of the 44. For the purpose of the Master Plan, the
 hurX'res°Land use and zoning Regulation and the scheme, trinion*. the Authority may impose reasonable restrictions
 on the use of the land and building including the regulating of the open space to be maintained
 around the building or buildings, the percentage of
 the plot area to be covered by building or
 buildings, the number of building or buildings on each plot, height and character of building or buil­ dings allowed in specified areas, the purpose for which building or buildings of the specified areas may or may not be used the sub-division of plots, parking space and loading and unloading space for any building and the size of projections and such other matters not inconsistant with the objects of
 this Act.

 p.v.>e«ion 45. (1) Where the Authority thinks that in the
 advMcl of interest of public it is necessary to undertake forth-
 Deveiop-
w [ith any of the works included in a scheme for a ]

###### mem sei.e- p ^ j^ p pose, the Authority shall make an appli- "
U1

###### cation to the State Government that the land requi­ red for the scheme shall vest in the Authority

 (2) The State Government may, if satisfied that it
 is urgently necessary in the public interest to em­ power the Authority to enter on such land for the purpose of executing any of such work, direct the Authority by notification io take possession of the land.

 ■3) The Authority shall then give a notice in
 the prescribed manner to the person interested in the land, the possession of which is to be taken requiring him to give possession of the land to the
 Authv ritv or any person authorised by if in this
 behalf within a period of One month from the date
 of Service of the notice- and if no possession is
 delivered within the period specified in the notice, the Authority shall take possession of the land.


-----

###### Such land shall thereupon, notwithstanding anything
 contained in this Act, vest absolutely in the Autho­ rity free from all encumbrances.

 o[8]enforce 46- (1) If the Authority is opposed or obstructed in
 delivery to taking possession of the land under Section 45, it
 of[S]Siand.[n] shall apply to the District Magistrate of the dis­
 trict, with whose jurisdiction the land is situated,
**to** enforce the delivery of the possession of the land
**to** the Authority, the District Magistrate, shall take
###### or cause to be taken such steps and use or cause
**to** be used such force as may be reasonably nece­

###### ssary for securing the delivery of possession of the land to the Authority.

 (2) For the avoidance of doubt, it is hereby
 declared that the power to take steps under sub­ section (1) includes the power to enter upon any land or other property whatsoever.

 Sn[nP]idSai 47.(11 Subject to the provisions of sub-section
 msnt oi into- (2), wherever possession of the land is taken by

re<u the Authority under Section 45 or section 46 there

###### shall be paid compensation the amount of which shall be determined by the Collector. In determi­ ning the amount to compensation, the Collector
 shall take into consideration the market value of the land for a period of five years preceding the date of issue of the notice under sub-section (3) of Section 45, and the amount of compensation
 payable shall be on the basis of the average mar­ ket value so arrived *t :

 Provided that the compensation for any buil­
 ding standing on such land, shall be payable at the market value of the building on the date of issue of the notice under sub-section (3) of Section 45,

 (2) In the case of land with respect to which
 any settlement has been made tor special cultivation or which is included in any grant, if such land is lying fallow or uncultivated or is not utilised tor the purpose for which the grant or settlement
 was made or for the purposes incidential thereto, than the conipen-ation pavable fir acquisition of such land together with trees if anv, standing on it shall.


-----

###### be an amount equal to ten times the annual land revenue which, on the date of issue of notice refer­ red to in sub-section (3) of Section 45, is or would have been payable if such land is or had been
 assessable to revenue at full rates :

 Provided that where any amount was origi­
 nally paid to Government by the grantee as price or premium for the land, ar additional amount
 equal to the amount originally paid by the grantee shall also be payable.

 Explanation:—‘‘Special cultivation” means cul­
 tivation which involves, either owing to the nature of the crop or owing to .he proces of cultivation, a much larger expenditure of capital per acre than is incurred by most of ti c cultivators in the State, and includes cultivation of tea-

 (3) When the compensation has been determi­
 ned under sub-section (1) or sub-section (2), the
 Collector shall make an award in accordance with the principles set out in Section 11 of the land Acqui­ sition Act, 1894 (Act I of 1894), but no amount referred to in sub-section (2) of Section 23 of that Act shall be included in the award-
 (4) Where any person aggrieved by an award
 made under sub-section (2) makes an application requiring the matter to be referred to the Court, the Collector shall refer the matter to the decision
 of the Court.
 (5) Where possession of the land is tak. n by
 the Authority under Section 45 or Section 46, the
 person interested in such land shall be entitled to
 interest at the rate of 12 percent per an: uni on
 the amount of compensation payable to him under
 this section in respect of the said lard from the
 date on which s cli possession is taken till date
 on which the amount of compelisaioti is paid to
 him by the Authority.

Expln-ipthsa: — ti'‘‘Coll; cior", ” and * -ii xi ‘per­

son interested'’ have (he sum. meaning as in the I.an

Acquisition Act. 1894 (Act 1 of 189-! ;

###### (ii) Land for the purpose-of this Act included
 trees, build tigs and standing crops on it, and
 casement.


-----

**Power of** **48. (i) o n a nd after** **the day or** **which a**

**‘it't>u** **eXt scheme cc mes into ft roe, any person continuing to**

**■ummariii/. occupy** **any land wliicJi he is net entitled to occupy**

**under the scheme may, in accordance with the**
**prescribed procedure, be summarily evicted by the**
**Authority or by any of its officers authorised in**
**that behalf.**

**(2) If the Authority is opposed or obstructed**

**in evicting such persons or^ taking • possession of**

**land from such persons, the District Magistrate,**
**within whose jurisdiction the land is situated, shall**
**on the application o f ’the Authority,** **enforce the**

**eviction of such persons or secure** **delivery** **of**

**possession of- the land to the Authority.**

**rwer. to** **49[J] fl) On and after the day on** **which the**

**r ferce** **notice of a scheme has been published under Section**

**f[cL]ewe.** **gg,** **Authority** **m ay,** **a ft e r** **giving the prescribed**

**'** **notice,—**

**(a) remove, pulldown, or alter any building or**

**other work in the area** **included** **in the**

**scheme which contravenees the scheme or**
**in the erection of wihch or carrying out**
**of which, any provision of the scheme has**
**not been complied with;**

**(b) execute any work which it is the duty of**

**any person to execute under the scheme,**
**in any case where it appears to the Authority**
**that delay in the execution** **of the work**

**would prejudice the efficient operation of**
**the scheme.**

(2) Any expenses incurred by the Authority

under this section may be recovered from the owner
of the existing plot in the manner provided for

the recovery of sums due to the Authority under

the pro vision of this Act-

(3) If any action proposed to be taken under

sub-section (1) of this section, by the Authority is

questioned, the matter shall be referred to the State
Government or any officer authcrised by tat State
Government in this behalf; and the decision of the

State Government or of the officer, as the case

may be, shall be final and binding on ail persons.


-----

929

Au?tborit to 50. Where any area has been developed by the

require'iocai Authority, the Authority may require the local
«ssumelres° *u thority within whose local limits the area so

po^Xih” ’ developed is situated, to assume responsibility for

for amenitie»t [ij]e [ maintenance of the amenities which have been ]

cases?r 'dIn provided in the area by the Authority and for the

provision of the amenities which have not been

provided by the Authority but which in its opinion sho-
uld be provided in the area, on terms and conditions

agreed upon between the Authority and that local
authority ; and where such terms and conditions

cannot be agreed upon, on terms and conditions
settled by the State Government in consultation

with the local authority on a reference of the matter
to that Government by the Authority,

CHAPTER V

**Koad and Streets**

width or 51.(1) The Authority shall,from time to time with the

public streets sanction of the State Government specify the minimum

width for different classes of public streets according
to the nature of the traffic likely to be carried

there, the localities in which they are situated, the
heights up to which building abutting thereon may

be erected and other similar considerations.

(2) The width of a new public street shall

not be less than that prescribed in sub-section (I),

or that shown on the Master Plan for the class
to which it belongs in areas for which Master

Plan has been prepared.

Power to 52. The Authority may prescribe a line on

sP"ertriKnc one or both sides of any public street, provided

a public notice of the proposal has been issued
by the Authority in the prescribed manner. No

person shall construct or reconstruct any portion

of any building on land within, the prescribed new
street line.


-----

**930 T H E A SSA M G A Z E T T E , E X T R A - O R D IN A R Y , N O V .14, 987**

###### ouiidmb'to 53.(1) If any building or any part of a bud-
 the pTeicri- ding abutting on a public street is within such
 street ij
n c o f the street, the Authority may require such

###### building to be set back to the prescribed line,
 whenever it is proposed ;—

 (a) to re-build such building or to take down
 such building :
 (b) to remove, reconstruct or make any addi­
 tion to or structural alteration in any
 portion of such building which is within
 the regular line of the street.
 (2) When any building or any part thereof
 within the prescribed line of the street falls down or is burnt down or is taken down, under the provisions of this Act or otherwise, the Authority
 may at once take possession of the portion of land
 with n the prescribed line of the street previously occupied by the said building and if necessary, clear the same.
 (3) Land acquired under the foregoing sub­
 sections shall, henceforward be deemed to be a part of the public street.

 cquisition 54. If any private land whether open Or en-
 wbhindthe c l°s e d lies, within the prescribed line of a public
 ime of str-et street and is not occupied by a building or if a
 platform, verandah, steps, compound wall, hedge or fence or other structure, is within the line of such street, the Authority may, after giving the owner of the land or building a notice of the in­ tention to do so, take possession of the said land with its enclosing wall, hedge or fence, if any, or of the said platform., verandah, steps, or such
 Other structure as aforesaid or of the portion cf the said pintform, verandah, steps or other such structure as aforesaid which is within the prescri­ bed line of the street.

 Requisition. 55. if
a building or land is partly within the

###### ningpart’of'prcscribed line of a public street and if the Au- and[d]!and ^oritv ,s satisfied that the land remaining after

**after their** the exclusion of the portion within the said line
###### tMn’a^re*" n o t  s u it a ble o r f°[r] construction of inde-

**cribed** **[P]ii” "** pendent building, the Authority shall acquire the

**of the street** r portion . of the land if so desired by the
**are acquired. r e m a jn jn so** i _j_
###### owner.


-----

**c h a p t e r VI**

**Acquisiticn ci land**

**Sta7'[r]** **g°-** **Where on the representation cf the Authc-**

**vemnient ferity it appears to the State Gcvernmcr.t that in**

**«cquireiand.f ,rC[!]e r** **enable it to execute the scheme it is nece­**

**ssary that land within, adjoining or surrounded by**

**any such area should be acquired, the State Govern­**
**ment may acquire the** **land by publishing in the**

**Official** **Gazette, a notice to the effect that the**

**State Government has decided to acquire the land**

**in pursuance of this section.**

**Proceeding** **57.** **qj '[he provision of the** **Land Acquisition**

**Hon of hnd!" Act, 1894 (Central Act ‘<o- I of 1894 as amended)**
**shall be applicable for** **acquisition of land** **under**

**this Act and the compensation shall be** **computed**

**under the provisions of the same Act.**

(2) **In computing compensation for land acqu­**

**ired, the valve will be market value as prevailed**

**on the date of coming into force of this Act.**

**(3) The owner of the lands will also be enti­**

**tled to the reasonable cost of development, if any**
**made during the period-**

(4) Twenty five per cent increase in value on

the date of acquisiticn of the land.

(5) Where ‘any such land has been acquired by

the State Government it may, after it has taken

possession of the land, transfer the land to the

Authority for the purpose for which the land has

been acquired on payment by the Authority of the
compensation awarded under that Act and cf the
charges incurred bv the State Government in conne­
ction with the acquisition.

oispoiing 58. Subject to the rules made under this Act,

of land. Authority may retain, lease, exchange or other­

wise, transfer any land acquired by it under this
Act:


-----

Provided that in case of lease or transfer the

owner will get first priority if due to acquisition
he becomes landless.

Provisions of 59. (1) The Authority may, in the first instance
private nego­
tiation before make reasonable efforts to purchase any land by

comacquisition. pulsory private negotiation, x **°**

(2) In case of failure to purchase t]ie land by

private negotiation within a specified time, the said

land shall be compulsorily acquired.

(3) Nothing in this section shall, however debar

the' State Government or hie Authority from com-
pi.lsoyjly acquiring any land without prior private
negotiation.

Payment t° 60. AH payment due to be made to any person

by the Authority under this. Act, shall so far as

possible, be made by an adjustment in respect of
the plot concerned or of any other plot in which
he has an interest an I failing such adjustment pay­
ment shall be agreed upon by the parties.

Sarkari land. 61. (Q Tj e State Government may by notifi-

cition in the Official Gazette and upon such terms

and conditions as may be agreed upon between

the State Government and the Authority, place at

the disposal < f the Authority all or any developed

and undeveloped lands in Guwahati Metropo­

litan area vested in the Government of Assam

(kru.wn and liure-in-aficr referred to as “ Sarkari
lands”) fi r the purpose of development in accor­

dance wilts the piovisic ns < f this Act.

(2) No dcvcli pment of any Sarkari land shall

be undertaken or carried < lit except by, c>r under

the control and supervision of, the Authority after

such land has been placed at the disposal of the
Authority under sub-section (1).


-----

###### (3) After any such Sarkari land has been de­
 veloped by, cr under the control and supervi­
 sion of the Authority, it shall be dealt with by Authority in accordance with rules made and di­ rections given by the State Government in this behalf.

 (4) If any Sarkari land placed at the disposal
 of the Authority under sub-section (1) is required
 at any time thereafter by the State Government, the Authority shall, by nc tificatic n in tl e official Gazette, replace it at the disposal of the State Go­ vernment upon such terms and conditions as may be agreed upon between the State Government and the Authority.

 Power of the 62. Notwithstanding anything contained in sub-
 to'deveiop section (4) of Section 35, the Authority may, if land in non-f it is of opinion that it is expedient to do so, un-
 arca.°[prnent] dertake or carry out any development of any land
 which has teen transferred to it or placed at its disposal under Section 57 cr Section 61 even if such land is situattd in any area which is not a development area.

 CHAPTER VII

 Compensation and Levy, Betterment
 and Development Charge.

**Right to** 63. Any person whose property is injuriously
**Compensa­tion.** affected in value by the making of a Scheme shall,

###### if he makes a claim for the purpose within a pciiod of three months after the date of publication of a notification sanctioning the scheme under Section 39, be entitled to obtain compensation in respect there­ of from the Authority.

 No ygi't 64. A person shall rot be entitled to obtain
 piniithn. con ptnsat en under the foregoing section on account
 of any building erected on ci contract made cr other thing dene with icspect to any land wilhin the area it eluded in a scheme after the date of the notification of the seleno under Section 35


-----

**9 3 4 T H E AS SAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987**

Provided that this provision shall not apply

to any building erected, contract made or other

tiling done in accordance with the permission gran­
ted under Sections 23 and 41 of this Act.

Governm- t 65. (1) No compensation shall be payble in

^exclude[1] respect of any property which may be injuriously

compensation affected by rutting into- operation of any provision

cases[r ain] of the scheme which

(a) prescribes the space about buildings ; or

limits the number of buildings ; or

(c) regulates the size, height, design or external

appearance of buildings ; or

(d) prohibits or restricts building operations

permanently or temporarily on the ground

that erection of building thereon will be

likely to be injurious to the health of the
occupants or the neighbours or likely to

cause excessive expenditure of public money
in making provisions for roads, sewers,

water supply or other public services ; or

(e) Prohibits or restricts the use of land or

a building for a purpose which may involve
danger or injury to public hygiene or the
health of the occupants or their neighbours
or for a purpose which is against lhe

public policy or public morals ; or

(f) in the interests of Safely, regulates the

heigfh arid position of proposed walls, and

               - building fences or Hedges near the corners

or berths of roads ; or

(g) m the case of d he erection of any buil­

ding intended to be used for purposes of

business or industry, requires the provision

of parking the Vehicles.

(2) No compcnsatio shall be payab'ic for

refusal of permission to make any alteration

in any building which is not in conformity with

the use sr>m:ificd in the plan or in the scheme


-----

THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1937935

Right of 66. The o w iier of any land which is to be

require Au- acquired for purposes or a scheme may,at any

**thonty to** t'me a fte r the sanction of the scheme by the Govern-

**purchase** ment, by a written notice to the Authority

Jand. jn the prescribed manner, call upon it to acquire

or purchase the land in so far as the land
is to be acquired by tbe State Government **or**

the Authority

(2) Tf within six months of the services of

the notice under sub-section fl), the land is not
purchased or acquisition proceedings are not star­

ted, the scheme in so far as that land is concerned,

shall be deemed to have been withdrawn and all

notices and orders in that connection shall lapse.

**Levy of be-** G7. (1) Fve-y property which has increased in
**tterinent**
**fee.** value due to its inclusion within an area under

a pin •n or a sch me or due to the execution of
such schemes shall be charged with a bcttrnient
fee:
%

Provided that no such fee shall be levied in

respect of the lands owned by Government and

on such public land or building as are used for
charitable, religious and educational purposes or

for places of non-professional entertainment and

recreation.

Provided further that when any land belonging to

Government has been let out bv Government io

any person, then the land and itn building situated

thereon shall be subject to a betterment tec under

this section.

(2) 1 he betterment fee shall be an amount

equal to twenty percent in case of residential

holdings so long the original owthrs use for their
residences and equal to fifty percent in case of

non residential areas and will be realised in five

equal instalments.

EXPLANATION: -The increase in value fit the

purpose of this section shall be the increase in

th-, market prices in between the date on which


-----

**936TH E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987**

a notification under sub section (1) of Section 35
has been issued and the date on which the

execution of the scheme has been substantially

completed-

Appeal. 68. (1) Any person aggrieved by the decision of

the Authority with respect to matters of compensa­
tion and bettermeat fee, may appeal to the

Appellate Authority within thirty days of the award.

(2) If the owner of any property objects to

the amount of betterment fee determined by the

Authority on any ground, he shall also state the
amount which, he contends would be correct and
may within thirty days of the date on which the
determination of his objection or appeal becomes
final by written notice, require the Authority to
acquire the propvriy together with any building

or other works that may exist thereon-

(3) The Authority shall thereupon acquire the

property.

Jevelomnt In accordance with the provisions of this

charge?™6" Act, and the rules made thereunder and with

the previous sanction of the State Government,

the Authority shall, by notification published in

the Official Gazette, levy a charge ( herein-after

called tie development fees) on the carrying out
of any development er change of use of land

for which permission of the Authority is required
at the rate prescribe 1 in the rule : -

(2) The fees shall be leviable on any person

who undertakes er carries out such development
or changes any such use.

(3) Notwithstanding anything contained in

sub-sections (I) and (2), no development fees shall
be levied on development or change of use of

.my land vested in or under the control or posse­
ssion <T the Central Government, the State

< overnmeut or any local authority.


-----

(4) The State Government may, by rules, provide

for the exemption from the levy or development

fees or/ any development or change of any use of

any land specified in the rules.

(5) (i) For the purpose of providing and

maintaining any amenity, the Authority may also
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 ether law
in force, in respect of ai y land < r building on

the transferee or occupier thereof.

(ii) Where any transferee or occupier makes

any default in the payment of any fee levied

under clause (1) of sub-sectien (5), the Authority
may direct that in addition to the amount of the
arrears, a sum cf not exceeding that amount shall
be recovered from the transferee- or occupier, as

the case may be, by way of penalty.

(iii) In case of any default in payment, of an

amount payable under this Act, the < utstanding

amount in default together with at.y sum, if any

directed to be paid by way of penalty under

clause (ii) of sub-seciion (5) may be recovered

from the transferee or occupier, as ibe case may
be, in the same manner as ai rear of land revenue.

Rc.ump- 70.111 case o f non payment o f consideration money
flMi of          - i , r i j r r
land or or insta.mcnt Uicrcol tn account of die transfer <)t

luii-'in;; any L n d or building or any rc "t due iu respect

o f the lease o f any such land or im jiding or in

case <■>!' (he Bouck o f any other conditions of.such

transfer or breach o f any ru'es ni.de under the

Act, the A u th o rity may if thicks lit, resume (he

and or building so transferred and may further

fo rfe it t he whole or any part o f the mom v if any,
paid in respect thereof.


-----

**9JL& THE ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987**

CHAPTER VIII

Appeals

ment A p p o in t­of 71. (1) Save as otherwise provided, the State

Appellate Government sha’i appoint an Appellate Authority

A u th o rity. to hear all appeal arising <out of the provisions

of this Act- The decision of Appellate Authority
shall be final.

_(2; The person or persons appointed by the_

State . Government as Appellate Authority

shall have the qualification of a District Judge, or
of becoming a member of the z\ssam Board of

Revenue constituted ur.der the Assam Boards of

Revenue Act, 1962, (Assam Act-XXl of 1962). The
appointment shall be on such terms and conditions
as the State Government mav decide.

            - 72- (1) The duties and powers of the Appellate **•5-**

Authority shall be as; follows:—

(a; to hear and decide ap

orders of the Authority ; **5**

(b) to decide and hear appeals in respect of

such other matters and exercise such

other powers as may be entrusted to and
conferred upon it by the State Govern­

ment in accordance with the provisions of
this Act-

_(2>_ All appeals to the Appellate Authority

shall be filed within a month from the

date of the order appealed against. Theorder appealed against. The time

required fir taking out copies of the order shall **i**

be excluded. The Appellate Authority may, however,

in its discretion condone such delay in filing

appeal for sufficient reasons.

Procure 7 '• (I) The Appellate Authority sb,all conduct its

®f w-rka.g procedjnes in the prescribed manner after giving

Ar’i -bX- the opposite party or any one interested in the

Auu.., iiy. order appealed against and give opportunity of

being heard-


-----

(2) The Appellate Authority may, at anytim e

call for any extract from any proceeding of the
State Government or Authority and call for any

return or statement or report concerning or conn­

oted with any matter with which the Authority

has been authorised to deal-

(3) The Appellate Authority shall have all-

the powers of a Civil Court for the purposes of
taking evidence on oath or enforcing the atten­
dance of witnesses including the parties interested
or any of them and compelling the production of
documents and material objection if considered

necessary.

(4) The Appellate Authority in its discretion

may make any orders regarding the cost to be paid
by any of the parties to the proceeding and the
Appellate Authority shall have full power to deter­
mine by whom or out of what property and to
what extent such costs are to be paid and the

Authority shall be bound to execute the orders of
the Appellate Authority in accordance with the

directions, if any. contained in the order and such
costs or amounts awarded by the Appellate Autho -
rity shall be realised as arrears pt land revenue.

**Place vvh etc** 74, The Appellate Authority may sit either

**Appellate**
**Authoi ity** at the Head Quarter of the Guwahati Metropolitan
**may 'it.** Development Authority or at any other place

within the local limits of his jurisdiction whieh he
may deem convenient for the consideration and

decision of any matter before the Appellate Autho­
rity.

**appear byRight to** 75. Every party to any proceeding before the
**recognised** Appellate Authority constituted under this Act,
**agent.** shall be entitled to appear either in person or by

his agent authorised in writing in this behalf.

Protection 76. (1) No suit, prosecution or other legal pro-

_ukrn'under ecedings shall lie against any person for anything_

this Act. which is in good faith done or intended to be

done in pursuance of this Actor any order made
thereunder.

(2) Save as otherwise expressly provided in

this Act, no suit or other legal proceeding shall

lie against the State Government for any damage


-----

###### caused or likely to be caused by anything in good faith done or intended to be done in persuance of this Act or any order made thereunder.

**CHAPTER IX**

###### Finance, Accounts and Audits.

 Fund of the 77. (I) The Guwahati Metropolitan Dexelop-
 Metropoihan merit Authority shall have and maintain its own
 Development fund to which shall be credited— Authority.
 (a) all money received by the Authority from the
 State Government by way of grants, loans, advances or otherwise;

 (b) all development charges or other fees recei­
 ved by the Authority under this Act or rules or regula­ tions made thereunder; and

 (c) all money received by the Authority from
 any other sources.

 (2) The Authority may keep in current account
 in any nationalised Bank approved by the State Government in this behalf, such portions of each
 fund as may be prescribed and any money in excess of the said sum shall be invested in such manner or may be approved by the State Government.

**Grants, ad­** 78. The Stale Government may make such grams,

**loans vance** **andby** advances and loans to the Authority as it may deem

**State G o­** necessary for the performance of the functions
**vernment.** under this Act and all such grants, advances and

###### loans made shall be on such terms and conditions as the State Government may determine.

**Powers** 79. (I) The Guwahati Metropolitan Develop­
**borrow** ment Authority constituted under this Act shall be
**money.** deemed to be a local authority as defined in the Local

###### Authorities Loans Act, I9I4 (Central Act. I \ of
 I9I4) -for the purpose of borrowing money under
 that Act, and the making and execution of a plan and scheme shall be deemed to be a work which such local authority is legally authoiised to carry cm.


-----

###### (2) 'he Authority may, front time to time, bor­
 row money by way of loans or debenture from such
 sources issue debenture at such rate of interest and for such period and upon terms, as the State Govern­
 ment may approve, any sum of money required for
 carrying out the purposes of this Act or servicing any loan obtained by it.

 f.iG;" SO. The receipt of the Authority under this Act
 shall form a separate development fund and all ex­ penditure under this Act or any development scheme thereunder, shall be defrayed out of such fund. No portion of the fund shall, except with the sanction of the State Government, be expended for purposes
 not -provided by this Act.

 Siiikinx SI. (I) The Authority shall maintain a sinking

r,!J- fund for the repayment of money borrowed or floa­

###### ted or issuing debenture by it.

 (2) The monev paid into the sinking fund shah
 be invested in such manner and in such sueurities
 as' may be prescribed.
 (3) The sinking fund or any part thereof shall be
 applied in or towards, the discharge of the loan or part thereof for which such fund is created and until such loan or part thereof is wholly discharged, the
 monev standing to the credit of the fund shall be
 applied for no other purpose.
 Budwtofthe 82. The Authority shall prepare every year in
 Authority, such form, a budget of the Authority in lespect of
 the next financial ear, showing the estimated re­ ceipt and expenditure under revenue head and capi­ tal head separately, and submit it to the State
 Government not later than fifteenth of February each year or as may be directed by the State Government for approval.

**Accountsand** 83. (I The Authority shall maintain proper

a .du. accounts and other relevent records and prepare and
###### annual tatement of account including the balance
 sheet in such form as may be approved by the State
 Government.

 (2) The accounts of the Authority shall be sub­
 ject to Audit annually by the Accountant General


-----

Assam. The accounts of the Authority along with

die Audit Report shall be placed before the State
Legislature.

Annua! 84. As soon as may be after the close of a year,

tp<jrtb" t [h] e [ Authority shall prepare a report of each activi­]
ties during the preceding year and submit it to the
State Government in such form and on or before such
date as may be prescribed Legal proceedings.

CHAPTER X

Legal proceedings

**Penalty for** 85. (n Any person who, whether at his own ins- **s**

**development** tance or at the instance of any other person,

**o tb e r v t^** commences, undertakes or carries out development,

**ti>'enr in con-or charges use of any land or building,**

**forrnity** w i t i i

**the Master** **‘**

**Plan** **and**

**scheme.**

(a) in contravention of the provisions of the

Master Plan and Zoning Regulation and

of any development schemes ;

(b) without permission as required under

this Act ;

(c) in contravention of any condition subject

to which such permission has been granted;

(d) after the permission for development has

been revoked under Section 33 ; or

( u 'i in contravention of the permission which

has been modified under Section 33 ;

dvd [;] h . punishable under this section.


-----

THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1907
**943**

(2) In case of any such breach or default, the

Authority shall send to any such person a notice
calling on him to discontinue the breach or cause

it to be discontinued or to comply with such provi­
sion of the Master Plan or the scheme within a time
to be specified in the notice.

(3) If after such time any such person under sub­

section < 1) continues to neglect or cause a breach

of any specified provision, such persons shall be

prosecuted and no conviction by a Magistrate be puni­

shable by any or all of the following :—

(i) with fine which may extend to five thousand

rupees with or without- simple impri­
sonment not exceeding a period of six
months.

(ii) if the breach , neglect or failure continues

after such conviction with fine which

may extend to two hundred and fifty

rupees for every day during which the
breach, neglect or failure continues after
the first convictions.

Power to 86. If a notice has been given under this Act to a
execute works on person requiring him to execute a work in respect of

failure ’9 any property, moveable or immoveable or to provide

notice.comply with vl!’ or"do or refrain from doing anything with in a

time specified in the notice and if such person fails
to comply with such notice, then the Authority

may caused such work to be executed or such thing

to be provided or done, and may recover all expenses

incurred by it on such account from lhe said person
as an arrear of land revenue.

Power to 37 (]) Where any development in any areas has

ment'[lc] ° [O|]"been commenced in contravention of the Master

Plan or Development Scheme or without the permis­

sion, approval or sanction referred to in Section 25
and Section 30 or in contravention of any conditions
subject to which such permission, approval or sanc­
tion has been granted, the Authority may, in addilion


-----

**944 THE ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987**

###### to any prosecution that may 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 disconti­
 nued 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 com­ menced 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.

 (3) After the requisition under sub-sectiori (2)
 has been complied with, the Authority may depute by a written order a Police Officer or an Officer or
 an employee of the Authority to keep a -watch on the
 place to ensure, that the development is not continued.

 (4) The provision of this section shall be in
 addition to and not in derogation of, any other pro­ vision relating to stoppage of building operations contained in any other law' for the time being in force.

 Power of de- 88. (i) Where any development has been com-
 building. menced or is being Ccirned on or has been com- pleted in contravention o£ the Master Plan or Development Scheme or without the permission
 approval or sanction referred to in Section 25 and Section 30 of the Act or in contravention of any conditions subject to which such permission,
 approval or sanction has been granted the Autho­ rity may in addition to any prosecution that may be instituted under the Act make an order direc­
 ting that such development shall be removed by
 demolition, filling or otherwise by the owner,
 occupier, manager or by any person at whose’in­ stance the development has been commenced or is being carried-out or has been completed within
 such period not being less than five days and moiv
 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 peison at

whose instance the development has been com­

menced or is being carried out or has been com­

pleted as may be specified. in the order and on his
failure to'com ply with the order, the Authci iy

may remove 01 cause to be removed the develop­
ment and the expanses of such removal shall be
recovered from the owner, occupier, manager or

any person at whose instance the development was

commenced was being carried out or was com­

pleted as arrears of lar.d revenue provided that

no such order shall be made unless the ownet,

occupiei. manager o. the person concerned has
been given a reasonable opportunity to show

cause why the order shall not be made.

(PJ The provisions of fhis Section-shall be in

addition to and not in derogation of/any °tht ■■

provision relatn.g to demolition of buildings

contained in any other law for the time being in

force.

(3) No. compensation shall be claimed by any

person for any damage which he mav sustain in

consequence of the removal of any development

under this Section or the discontinuance of the

development under Section 87 of this Act.

<o< ^9- When default is made by the owner of a

v' .h,, building or land in the execution of any work re-

ln. <* l ';< *’f quired under this Act to be executed by him, the

occupier of such building or land may, with the prior
approval of the Authority cause such works to be
executed, and the expenses thereof shall, in the ab­
sence of any contract to the contrary, be paid to

him by the owner, or the amount mav be deducted
out of the rent from time to time becoming due

firm him <0 such owner.

’>0 (|) If after rccei'iiw information of the irten-

; ’ ■ri live of the owner of any building or land to lake

’ anv action in respect thereof in compliance with a


-----

**946 T H E ASSAM G A Z E T T E , E X T R A - O R D IN A R Y , N O V .14,1987**

notice issued under this \ct. the occupier refuse io
allov/ such owner to take action, the owner, may
apply to the District Magistrate.

(2) The District Magistrate upon proof of such

refusal, may make an order in writing requiring the
occupier to allow the owner to execute ail such

works, with respect to such building or land, as'may
be necessary for compliance with the notice, and may

also, if he thinks fit, order the occupier to pay to

the owner the costs relating to such application or

ordei.

(3) If after the expiry of eight days from the

date of the Magistrate's order, the occupier conti­
nues to refuse to allow the owner to execute such
work, the occupier shall be Hable, upon conviction
to a fine which may extend to rupees two hundred
lifty for every day during which he has so continued
to refuse.

(4) Every owner, during the continuance ofsuch

refusal shall be discharged from any liability on acco­
unt of such breach or default.

Rest°v'fw °[f] When the occupier of a building or land in

sy’ih'- X - compliance with a notice issued under this Act

pier- executed a work for which the owner of such buil­
ding or land is reasonable, either in pursuance of the
contract of tenancy or by law, he shall in the absence

of any contract to the contrary, be entitled to re­

cover from the owner by deduction from the rent

payable by him or otherwise the reasonable cost of
such work.

**Penally lot** 92. (a) If any person obstr lets or assaults any
**obMivcting’ontraf lor or** person with whom the Authority has

**. eceiving** entered into a contract for the perfor­
**work.** mance or execution by such person o f’his

duty or of anything which he is em­
powered or required to do under th’ 4 t

or

(b) removes any mark set up for the purpose

of indicating any level or direction acce­
ssary to the execution of works autho­
rised under this Act, shall be punish.,Me


-----

###### with fine which may extend to five hun­ dred rupees or with or without simple
 imprisonment for a term which may ex­ tend two months.

 en, 93 Every Officer .and servants of the Authority
 sn-.pb’-’nt and every other Officer employed by. the State
 to be: Public Government for the purpose of this Act, shall be
 " deemed to be a public servant with in the meaning of Section 21 of the Indian Penal Code ((Central Act No. 45 of 1860).

 p.iniuirae, t 94. Any officer or servant of the Authority or of
 n-.aiici-tbe Government who wilfully or negligently abuses

sc °f any power conferred on him by or under this Act,

###### shall be punishable with imprisonment which may extend t< six months or with line which may extend
 to five hundred rupees or with both:
 Provided that no proscution shall be instituted
 under this section-

_&_

###### (a) unless the previous sanction of the Autho­
 rity or the state Government as the case
 may be has been obtained :
 (b) until the expiry of two months notice in
 writing has been given to the person con­ cerned clearly stating the cause of action and the nature of relief sought, etc.

 ■< suit 95 (|j \o  prosecution or other proceeding
s u jt)

###### ‘in’X’- shall lie against the Authority or any officer or ser-
 rur eves.  thereof or any person acting under their direct­
v a n l

###### ion or any Government Officer m servant employed for the purpose of this Act for anything which is in good faith done in pursuance of this Act, or any rules
 made thereunder.

 (2) No suit, prosecution or other proceedings
 shall lie against any Officer or seivant of the Autho­
 rity -r any G' mrrnnent Officer or servant employed for the purmse.s of this Act for anything done under thh Aw,
 i) unless the previous sanction I the Autho­
 rity of the State Govermmml as (In case mav l-c, has been obtained ; and


-----

###### (b) until the expiry of two months after
 notice' in writing has been given to the person to be sued, clearly stating the cause of action, and the nature of relief sought, etc.

**Restriction** 96. No Officer or employee of the Authority shall
###### any legal proceedings to which the Authority is
 officer and not a party be required to produce any register of
 document the contents of which can be proved under
 i*ati. [1]1 Section 108 by a certified copy, or to appear as wit­ ness to prove the matters and transactions recorded therein, unless by order of the Court made for special cause.

**Power of** 97. The Authority or any person authorised in

**institute pro- Authorit[y to] this behalf shall, subject to rules framed under this ’** **J**

**ceediog etc** Act have powers to—
**and to take**
**legal advice.**

###### (a) institute, defend or withdraw from legal
 proceedings under this Act ;

 (b) compound any offence against this Act
 before the matter is referred to the court;
 (c) admit, compromise ; or withdraw any claim
 made under this Act, and

 (d) obtain such legal advice and assistance as
 it may from time to time think necessary or expedient to obtain for any of the pur­ poses, referred to in the forgoing clauses of this section for securing the lawful exercise or decharge of any power or duty vested in or imposed upon the Authority or any officer or servant of the Authority.

 (2) The composition of an offence under sub­
 section (1) shall have the effect of an order of acquital.

**Power to** 98. For the purpose of this Act, the Authority

###### oVwit [OT a n] °®[c e r] appointed under the provisions of
 nSTetc.*" this Act to discharge the function of the Autho­
 rity or the appellate Authority may summon and enforce the attendance of witnesses including the


-----

parties interested or any of them and compel them

to give evidence and compel the production of do­
cuments by the same means and as far as possible
in the same manner as is provided in the case of
Civil Court by the Code of Civil procedure, 1908.

Power and 99- Every Police Officer, Mauzadar or Officer of

n^icein res- ^o c a ’ authority shall give immediate informa-

pect of often- tion to the Authority of an offence to his know-

ce[s and assis- ] which has been committed under this Act

hority. and shall be bound to assist all members, Officers

and servants cf the Authority in the exercise of
their lawful authority.

10G. fl) If the person committing an offence under

this Act is a company, ev ry person who, at the
time the offence vas- committed, was in-charge of,
and was responsible to, the company for the con­
duct of its business as well as the company, shall
be deemed to be guilty of the offence and shall

be liable to be proceeded against and punished ac­

cordingly.

Provided that nothing contained in this sub­

section shall render any such person liable to any

punishment provided in this Act, if he proves that
the offence was committed without his kn< wFdge
or that he exercised all due diligence to prevent

its commission.

f2) Notwithstanding anything contained in sub­

section N), where an offence under this Act has
been committed by a company and it is proved
that the offence has been committed with the con­
sent or connivance oi, or is attributable to any

neglect on the part of any director, manager, sec­

retary or other officer of the company, such direc­
tor, manager, secretary or other officers shall be

liable to be proceeded against and punished ac­

cordingly.

**Explanation** For the purpose ol the section

(a) “ Company ” means a body corporate and in­
cludes a firm or other association ol individuals;
and


-----

                                     - I

**950 THE ASSAM G A ZE TTE , E X T R A -O R D IN A R Y , N O V .14,1987**

###### (b) ‘'director” in relation to a firm means a
 partner in the firm.

 th^lS^not No order made in exercise of any power
 t» be gues- conferred by or under this Act shall be called in

m the question in any court except as provided in this Act.

**Validation** 102. (1) No act done or proceeding taken under
**of acts and, this Act shall be questioned on the ground merely**
**proceedings.**

###### ’ of—

 (a) the existance of any vacancy, initial or
 subsequent, in or any defect in the cons­ titution of the Guwahati Metropolitan Development Authority;

 (b) any person having ceased to be a member; S’

 (c) the failure to serve a notice on any
 person, where no substantial injustice has resulted from such failure; or 1
 (d) any omission, defect or irregularity not
 affecting the merit of the case.

 (2) Every meeting of the Authority shall be
 presumed to have been duly convened and to be free from all defects and irregularities-

 Mode of 103. Any money due to the Authority on

**moneys[y]** **due** account of fees or charges, of from the disposal

###### to Authority, of lands, buildings or other properties, moveable or
 immoveable, or by way of rents and profits may, if the recovery thereof is not[1] expressly provided
 for in any other provision of this Act, be reco­
 vered by the Authority as arrears of land revenue.

 X X hnd 104. Any land required, reserved or designated
 under the j
n a Master Plan or a Development Scheme under
###### K AAcn''this Act shall be deemed to be land needed for
 a public purpose within the meaning of the land Acquisition Act, 1894 and may be acquired under the said Act.

' ' ■ F


-----

on w ror 105- (! Notwithstanding anything container

a" k>ca?r ° in any law for the time being in force, no rule,

authority to regulation or bye-law shall be made or amended

KguUt^nT by a local authority in respect of matters specified

or bye-laws in sub-section (2) unless the Authority, upon consi-

certamema°t-deration of such rule, regulation or bye-law, certi-

ers- ties that it does , not contravene any of the pro­

visions of the Master Plan or development Scheme.

(2) The matters referred to in sub-section (1)

are the following, namely:—

(a) water supply, drainage and sewerage

disposal ;

(b) erection and re-erection of buildings in­

cluding grant of building permissions,
licence and imposition of restriction on

use and sub-division of buildings;

(c) Sub-division of land into building sites,

roads and lanes, recreational site for

community facilities; and

(d) development of land, development Schemes,

and housing and re-housing Schemes-

CHAPTER XI

Supplementary and Miscellaneous Provisions,

cnuy" °[r] 106. (1) For the purpose of making or

execution of any Scheme, any officer of

the Authority authorised in this behalf O’­

Persons appointed by the State Government,

their subordinates may enter into or upon any

land or building with or without assistance or work­
men for the purpose of -

(a) making any enquiry, inspection, measure­

ment or survey or taking levels of such land or

building ;


-----

(3) Any person who obstructs the entry of **a**

person empowered or authorised under this Sec­
tion to enter into or upon any land or building or
molests such person after such entry shall, be

punishable with imprisonment for a term which
may extend to six months or with fine which may
extend to one thousand rupees or. with both.

**Notices.Service of** 107. All documents including bills, notices and

orders required by this or any rule or regula­

tion made thereunder to be served upon or issued
or presented to any person shall, save as otherwise
provided in this Act or rule or regulation, be

effected.

(a) by giving or tendering the said document

to such person; or'

(b) if such person is not found, by leaving

such document at his last known place of above or
by giving or tendering the same to some adult

member or servant of his family; or

(c) if his address else where is known, by for­

warding such documents to him, by registered
post under a cover bearing the same address; or

(d) if none of the means as aforesaid is

available, by causing a copy of such document to
be affixed on some conspicuous part of the land or
building, if any, to which the document relates.

Public notice 108. Every public notice given under this

know' ^01 [o r r u] ^e s o r regulations made thereunder shall

be in writing over the signature of such officer

who may be authorised in this behalf by the

Authority and shall be widely made known in the

locality to be affected thereby, by affixing copies
thereof in conspicuous public places within the
said locality, or by preproclaiming the same by

beat of drum or by advertisement in a local news­
paper and by such other means which the Autho­
rity thinks fit.


-----

and docu- and other documents of the authority shall be

GuwSah au authenticated, by the signature of such officer of

Metropolitan the Authority as may be authorised by the Autho-

Amhorit“ [e n t r i t] y i n t h i s b e h a l f -

of Re- HO- & copy of any receipt, application,

cords of the plan, notice, order, entry in a register, or other

Metro^oihan document in the possession of the Authority, if

ALVthonment d u ly authenticated by the person authorised by

utionty. Authority, shall be received and admitted as

evidence of the matters and transactions therein
recorded to the same extent, as the original entry
or document would, if produced, have been admis­
sible to prove such matters.

ofdSumcX H l- (1) Nothing in the Indian Registration Act,

plant orl908 (Central Act No.XVI of 1908) shall be deemed

Lection1 with*[0] require the registration of any documents,

scheme, plans or map prepared, made or sanctioned in con­

nection with a scheme which has come into force.

(2) A ll such documents, plans and maps

relating to the sanctioned scheme shall, for the

purposes of Sections 48 and 49 of the Indian

Registration Act, 1908 (Central Act XVI of 1908),

be deemed to have been and to be registered in

accordance with the provisions of that Act.

**Formal de-** **.**
fectsinasse- 112. No assessment list or other list, notice or

dLmamds [and]°^^[e r s u c b] document specifying, or purporting to

specify with reference to any charge, or fee. any
person’s property thing or circumstances shall be
invalid only by reason of a clerical or technical
mistake in the name, residence, place of business
or occupation of the person or in the description
of property, thing or circumstances and if shall be
sufficient if the person, property, thing or circums­

tances is described sufficiently for the purpose of
identification, and it shall not be necessary to

name the owner or occupier of any property liab’e
in respect of the charge.


-----

THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1Q67 955

Power of Au- 113. The Authority shall be competent to

mate[y] agree-make any agreement with any person in respect
ments- of any matters, which is to be provided for in a

scheme and, unless it is otherwise expressly pro­
vided therein, such agreement shall take effect
on and after the day on which the scheme comes
into force.

Realised7ohb£ 114. A ll fines realised in connection with pro­

**paid to** thesecution under this Act shall be paid to the Guwa-

**Meuopohtan** **[h]** **a** **t i** Metropolitan Development Authority.

**Development**
**Authority.**

Decision of 115. Should a dispute arise between the

**nveen[,e S]** **a u - Authority and any other local authority on any**

**thorities.** matter in which they are jointly interested, such
dispute shall be referred to the State Government
whose decision shall be final.

**th e '** **[t r]** **° state** 116. (1) The Authority shall carry out such

Government, directions as may be issued from time to time by

the State Government for the efficient adminis­
tration of this Act.

(2) If in, or in connection with, the exercise

of its powers and discharge of its functions by the
Authority, any dispute arises between the Autho­
rity, the local Authority and the State Govern­
ment, the decision of the State Government on

such dispute shall be final.

**Returns and** 117. The Authority shall furnish to the State
**information.** Government such reports, returns and other in­

formation as the Government may from time to
time Require.

ordert/ ° 118. Save as otherwise expressly provided in

this Act, every order passed or direction issued bv
the Authority, shall be final and shall not be

questioned in any suit or other legal proceeding.

d e 'i T g l t c . [! 1 9]       - [T h e] Authority may, by resolution, direct

that, any power exercisable by it under this Act or
rules or regulations made thereunder (except to
make rules or regulations) may also be exercised


-----

###### by any local authority or any officers of the State Government with previous consent of the State Government or any officer of the Authority as may
 be mentioned therein in such cases and subject to such conditions, if any, as may be specified
 therein.

**orderEffect** incon- 120. Any order made Under this Act shall
**sis tent** wit "have effect notwithstanding anything inconsistent

**otherments,** enacl'therewith contained in any enactment other than

###### this Act or any instrument having effect by virtue of any enactment other than this Act.

 121. (1) The provisions of this Act and the
 rules and regulations made thereunder shall have effect notwithstanding anything inconsistent
 therewith contained in any other law.

 (2) Notwithstanding anything contained in
 any other law—

 (a) When permission for development in res­
 pect of any land has been obtained under this Act such development shall not be deemed to be unlawfully undertaken or
 carried out by reason of only of the fact that permission, approval of sanction
 required under any other law for such development has not been obtained.

 (b) When permission for such development
 \ has not been obtained under this Act
 such development shall not be deemed
 to be lawfully undertaken or
 carried out by reason only of the fact that permission, approval or sanction
 required under such other law for such development has been obtained.

 Power of the 122. (1) The State Government may, after pre-
 m^netGovertov i° u s publication in the official Gazette make rules
 make rules.”for carrying out the purposes of this Act.

 (2) In particulars and without prejudice to
 the generality of the foregoing powers, the


-----

**THE A5SAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 957**

State Government shall have power to make rules

in respect of -the following matters—

(i) The functions and powers that may be

delegated to the Authority or to any

officer of the Authority.

(ij) The qualifications and disqualifications

for being chosen or and for being, mem­
ber of the Authority.

(iii) The terms of office and conditions of ser­

vice of the members of the Authority.

(iv) The matters in which and the purpose

for which the Authority may associate
with itself any person, under the provi­
sions of this Act.

(v) The control and restriction in relation

to the appointment of officers and other
employees of the Authority.

(vi) The procedure to be adopted for securing

co-operation of various Government

Departments, the owners or other per­
sons or bodies interested in schemes.

(vii) All matters pertaining to land acquisition

including procedure and making of

awards, compensation and the possession

of land by the Authority in ordinary and

emergent cases.

(viii) Calculation, assessment and payment of

compensation in respect of property

which is injuriously affected within the
meaning assigned to it in Section 63 of
this Act.

fix) Creation and administration of Fund of

the Authority for the purpose of imple­

menting the provisions of this Act.

(x) The form of the budget of the Authority,

the manner of preparing it and the date


-----

**9 5 8 T H E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , NO V.1 4,1 987**

on or before which it -shah be prepared
and to be submitted, to the State Govern­
ment.

(xi) The procedure for the levy of develop­

ment charges and exemption from it on
any development or change of any use
of any land.

(xii) The calculation assessment and collection

of betterment contribution.

_f_ (xiii) The procedure of filing, hearing and

deciding objections and appeals under

this Act and all matters connected there­
with.

(xiv) The manner of publication of the notifica­

tion regarding scheme, their modifica­

tions, variations, revocation, submission

and sanction by the State Government.

(xv) Any other matter which has to be or may

_\_ be prescribed by rules

(3) All rules made under this section shall be laid

for not less than fifteen days before the Assam
Legislative Assembly as soon as possible, a'’ter

they are made and shad be subject to such mod i-
fi cat ion as the Legislative Assemble may make
during the session in which they are so laid or the

  - session immediately following.
I. t I

Fewer ofthe 123. (1) The Authority shall have power to

Authority to make bye-laws in respect of the matter enumera-

make bye ] n and not inconsistent with
t e d u n f e r t ^js s e c tjO

the rules made by the State Government.

(i) Land Subdivision and layout of public

street.

(ii) Width for different classes of public

streets according to the nature of traffic
to be carried thereon.


-----

(iii) Street lines and setting back of building

from the regular line of the street.

(iv) Zoning Regulations prescribing the type

or description of building which may or
may not be erected in any prescribed
area or areas.

(v) Regulations and display of advertisement

in the interest of amenity, aesthetic or

public safety. '

(vi) Regulations in any manner or specifically

provided for in this Act, the erection of

any enclosure, wall, fence, tent or other

structure or any land within the limits
of the Authority.

(vii) Time and place and transaction of busi­

ness of the meetings of the Authority and
committees constituted under this Act.

(viii) The power and duties of the officers and

employees of the Authority.

(ix) The salaries, allowances and conditions of

services of its officers and employees.

(x) Any other m atter which has to be or may

be prescribed by rules.

(2) The power to make bye-laws under this

Act shall be subject to the conditions of previous

publication.

(3) The State Government may cancel their

confirmation on any such bye-laws and thereupon
the bve-law shall cease to have effect.

Gw a h" t°i 124. As soon as may be after the commence-

Dcveiopmcnt m e nt of this Act the State Government shall, by

ut onty. notification, in the official Gazette, declare that
the Guwahati Development Authority constitu­

ted under the provisions of the Assam Town and

Country Planning Act, 1959 and as amended

having jurisdiction over the Greater Guwahati


-----

**9 6 0 T H E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , NOV.14,1987**

Master Plan Area shall be dissolved with effect

from such date as may be specified in the notifi­
cation, and the Guwahati Development Autho­

rity shall stand dissolved accordingly.

1 2 5
               - (!) With [e f f e c t f r o m t h e d a t e o f] dissolu-

rf the Gd'.va-tion of the Guwahati Development Authority

Xnt[D] Autho-s Pe c ide d in Section 124.

**rity.**

(a) all the members including the Chairman,

or other person constituting committee
or committees of the Guwahati Deve­

lopment Authority shall vacate their

respective offices ;

(b) all properties, funds and dues which are

vested in or realisable by the Guwahati
Development Authority shall vest in and
be realisable by the Guwahati Metro­
politan Development Authority;

(c) al[1] contracts and liabilities which are en­

forceable by oi’ against the Guwahati

Development Authority shall be enfor­
ceable by or against the Guwahati Metro­

politan Development Authority;

(d) all legal proceedings instituted by or

against the Guwahati Development

Authority may be continued' or enforced
by or against the Guwahati Metropolitan

Development Authority ;

(e) all officers and other employees of the

Guwahati Development Authority con­
tinuing in office immediately before the
date of the order shall be deemed to be
employed by the Guwahati Metropolitan
Development Authority on such terms
and conditions not being less advan­

tageous than what they were entitled

to immediately before the said date;

ff) all the powers and duties which may,

under the provision of this Act or any
other Act or any rule, regulation, bye­
law. order or notification made there­
upon. be exercised or performed by the
Guwahati Development Authority shall
be exercised' c-r performed by the


-----

dissolution of the Guwahati Development Autho­
rity, constitute the Guwahati. Metropolitan

Development Authority in accordance with the
provisions of this Act.

(3) The State Government may make such

incidental dr consequential orders as' may appear
to it to be necessary for giving effect to the order
made under sub-section (2) of this Section.

126. (1) The relevant Sections of the Guwahati

Municipal Corporation Act, 1969 (Assam Act I of

1973) and along with the amendments up-to-

date inconsistant with the provisions of this Act
shall stand repealed with effect from the date on
which the Guwahati Metropolitan Development
Authority as referred to in 'Section 4 of this Act
is constituted.

(2) The relevant sections of the Assam Town

and Country Planning Act, 1959 (Assam Act II of
1960) and the Assam Municipal Act, 1956 (Assam

Act IV of 1957) Assam Panchayat Act, 1972 and
alongwith their amendments up-to-date and the
rules and regulations made thereunder, incon­

sistant with the provision of this Act shall cease

to operate within the territorial limits of the

Guwahati Metropolitan Area as referred to in

Section 3 of this Act with effect from the date on
which the Guwahati Metropolitan Development

Authority, as referred to in Section 4 of this Act

is constituted.

(3) Notwithstanding any repeal and inoperative

of the relevant sections referred to in sub-sec­
tion (1) and sub-section (2) anything done or any­

thing purported to be done or any action taken

under the provisions of the said Acts or rules or
regulations made thereunder, shall be deemed to
have been done or taken under the provisions of
this Act and all such rules or regulations shall,
if not inconsistant with the provisions of this Act
continue in force till rule? or regulations are made
under this Act.

###### MD. SAADULLAH, ,
 Secretary to the Govt, of Assam,
 Legislative Department

**GUWAHATI—Printed &~putfahed by the Dy. Director(P), Directorate <rf P < terf**


-----

