The Guwahati Metropolitan Development Authority (Amendment) Act, 1989
# THE ASSAM GAZETTE

 W W

 EXTRAORDINARY

**PUBLISHED By AUTHORITY**

# 185 . faw*. V * [1]**’ [13] 1989, 22 <sjtcsjT«f, 1911

**No. 185** **Dispur, Wednesday 13th December, 1989, 22nd Agrahayana,**

**1911 (8. E.)**

# GOVERNMENT OE ASSAM

 ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT: LEGISLATIVE BRANCH

# NOTIFICATION

The 12th December 1989

**No.LGL.107/85/423.—The following Act of the Assam Legislative**

Assembly which received the assent of the President is hereby
published for general information.


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1453 ih E ASSAM GAZETTE, EXTRAORDINARY, DEC 13, 1>«9

ASSAM ACT NO. XXI OF 1989

**Received the assent of the President on 10th November, 1989.**

THE GUWAHATI METROPOLITAN DEVELOPMENT

AUTHORITY (AMENDMENT) ACT, 1989

**An**

**Act**

**to** amend the Guwahati Metropolitan Development Authority **Act,**

1985 (Assam Act No. XX of 1987).

L ■ .

Whereas it is necessary to amend the Guwahati Metropolitan

Development Authority Act 1985 (Assam Act No,XX of 1987), herein­
after called the principal Act;

And whereas the previous instructions of the President have

been obtained; ‘        -

It is hereby enacted in the Fortieth Year of the Republic of India

as follows, namely

extent [f]ald (1) This Act may be called the Guwahati Metropolitan

commence- Development Authority (Amendment) Act, 1989.

**ment.**

(2) It shall have the like extent as the principal Act.

(3) It shall be deemed to have come into force on the

14th day of November, 1987.

oFsectioTT. 2. In the principal Act, in section 2, in sub-section (9),

for the words and figures "Indian Factories Act of 1934”,
the words with a come and figures "Factories Act, 1984”,
shall be substituted,

cfsecfion 23. Principal Act, in section 23, the words "or the

Central Government’’ shall be deleted.

QfsectkSTl         - [4]         - [I n t h e] principal Act, in section 24, in the proviso,

(a) in clause (ii) and (iii), the words "the Central or*

shall be deleted 4 _____ _ __


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' THE ASSAM GAZETTE. EXTRAORDINARY, DEC. 13, 1WB9 1459

(b) the fullstop appearing at the end of clause (v)

to the proviso shall be substituted by a semicola

and thereafter a new clause (vi) shall be

inserted, namely

"(vi) for operational construction.”

_-4:_ _. \_ ii®

Ainendnteal 5. In the principal Act, in section 25,

i f aection 25

(a) in sub-section (I), the words "the Central or” shall

r
be deleted;

(b) the proviso to sub-section (5) shall be deleted;

f

(c) after sub-section (7), a new sub-section namely,

sub-section '(8)’ shall be inserted and thereafter

the existing sub-sections (8) and (9) shall be

renumbered as sub-sections "9” and ’TO” respec­
tively :—

"(8) In case or department of the State Govern­

ment or any Local Authority (where the local authority is
not also the Development Authority) intending to carry
out any development other than operational constructions

(which shall always be outside the purview of the Deve­

lopment Authority) on any land, the concerned department

or authority, as the case may be, shall notify in writing
to the Development Authority of its intention to do so,
giving full particulars thereof and accompanied by such

            - ocuments and plans, as may be prescribed or directed by

the State Government from time to time, at least one

month prior to the undertaking of such development.”

(d) in sub-section (8) as amended by this Act, the

words "the Central or the” shall be deleted.

(e) sub-section (9) as amended by this Act, shall Be

substituted by the f o l l o w i n g .

"(9) Where the Authority, upon receipt of a notice

under sub-section (8), raises any objection in respect **of**
the proposed development either to any Master Plan under
section 21 (1) or to any of the building bye-laws in force

at the time or due to any other material consideration


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1460 THE ASSAM GAZETTE. EXTRAORDINARY. DEG. 13, 1989

under sub-section (10), the department or the local

authority, as the case may be shall-—
.....■

(i) either make necessary modifications in the proposals

for development to meet the objections;

(ii) submit the proposals for development together

with the objections raised by the Authority to
the State Government for decision. When pro­
posals and objections have been submitted, no
development shall be undertaken until the State

Government has finally decided on the matter”,

Amendment 6. In the principal Act, in section 39, at the end of the

section 3 »s u [g_]s e c [^] o n [ (3), ] following shall be added, namely:—■

"The adoption of the Scheme including Government

approval or sanction, as the case may be, shall He within
a period not exceeding one year after expiry of the period
of two months referred to in sub-section (1) above”.

Amendment 7. In the principal Act, in section 40—
of section 40-

(i) clause (a) shall He substituted b'y the following,

namely t—

(a) all lands belonging to the Government or any

other local authority shall, unless it is otherwise
determined in such Scheme by the Government
vest absolutely in the Authority free from all
encumbrances;

(ii) in clause (b), the word "determine’’ appearing in

the second line of clause (b) shall be substituted
by the words "be determined.”

amendment 8. In the principal Act section 45 shall be substituted

                     - f] ’[ect]>’ [n 4 5] ' b y f o llQ w in g n a m e l y [. _]

"45. when the Authority is of opinion that in the

interest of public services it is necessary to undertake
forthwith any of the works included in a scheme, the

Authority shall make an application before the State Go­
vernment that advance possession of land other than land
mentioned in. section 40 required -for the scheme be

allowed and on such permission being granted shall proce*

ed for. taking over advance possession through acquisition


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proceedings in accordance with the provisions of the Land

Acquisition Act, 1894 as amended up-to-date.”,

_afsectiM 57._ 9          - [I n] principal Act, section 57 shall 5e substituted

by the following, namely :■ _J_

                                         - ■
"57. The provisions of the Land 'Acquisition Act

1894, as amended from time to time shall apply in the

matter of acquisition of land under this Act and ,the com­
pensation shall be computed tinder the provisions of the
said Act.” .............. '

**K. LASKAR,**

Joint Secretary to the Govt, of Assam,

Legislative Department.

**flUW AHATl— Printed & ;<«bihhed by the Dy. Director (P), Directorate of Ptg[-] and**

**Slv., Ajssra; Guwahati—2' (Ex»Gazette) He, 369-1.110—300—13-12*1989**


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