The ASSAM STATE CAPITAL REGlON DEVELOPMENT  AUTHORITY ACT, 2017
#### THE ASSAM GAZETTE

###### ~~q
 EXTRAORDINARY
 ~~ <f)'{~~ ~ ~
 PUBLISIIED BYTHEAUTHORITY
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rJ ~ 621 ~~. ~. lO~'if«. 2017. 8 ~.1939 ~)

No. 621 Dispur, \1onday. 30th Oclobcr, 2017, 8th Kartika, 1939 (S.E.)

vOVERNME~T OF ASSAtVI

###### ORDERSBYTHf GOVER..~OR
 LhGISLATlVE DCPARl MEN l .. : LEGISLATlVE BRA.~CII

N OTIFICATION

The 25th October, 2017

No. LGL.234/201 7/5.- l he following Act of the Assam Lcgi'>latiYc Ac;sembly

which received the assent o( the Governor on 16th Octob(;r, 2017 is hereb) published for general

mformalion.

## I

###### ASSAM ACT NO. :XXXVIII OF 2017

 (Received the assent of the Governor on 16th October, 2017)

T UE ASSAM STATE CAPITAL

REGlO:\ DEVELOPME..~T \L'THORITY ACT, 2017


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4698 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30. 2017

###### AN

 ACT

to provide for the establishment of a Regional Development Authority for the

preparatkm of a Regional Plan for the development of the Assam State Capital
Region and for purpose of co-ordinating and supervising the proper, orderly and
rapid d•~velopment of the areas in that Region and of executing plans, projects and

schemes for such development, and to provide for matters connected therewith, or

incidental thereto.

Whereas it is expedient in the public interest to provide for the establishment of

Preamble Regional Development Authority for the preparation of such a Regional Plan for the

development of the Assam State Capital Region and purpose of co-ordinating and
superv1slng the proper, orderly and rapid development of the areas in that Region
and of executing plans, projects and schemes for such development. and to provide
for matters connected therein or incidental thereto:

It is hereby enacted in the sixty-eighth year of the Republic of India as fo!Jows:-

CHAPTERl

PRELIMINARY

Shondtie, 1. (1) This Act may be called the Assam State Capital Region Development

ClCIMl and th
C'lmmenccmenr .4u onty Act. 2017

(2) lt extends to the Assam State Capital Region area as specified in the schedule

appended to this Act.

(3) It shall come into force on such date as the State Government may by

notification in the Official Gazette. appoint.

2. In this Act. unless the context otherwise requires,-

Defi11itiom

(a)"Authority" means the Assam State Capital Region Develo'Jmc:.'1~ A\!:hority
constituted under sub-section(l) of section 3;

(b)"amenity" includes roads, bridges any o·•.:h~ means ofcommun:ca:.'O ~c.s'"IOrt

supply of water and electricity, any other sc-:ce of ener&}'. street Iii ~r..; ara.:'lage

sewerage and conservancy, and any other cow. er.1e"'ce as the St:a<i! Go.-en:ment In

consultation with Authority, may from tu;te :o o..~e. oy nod!lc:a!lG=.. - ~e <>fficial

Gazette, specify to be amenity for the purposes _, -.:.;.s Act:


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1 Hl: AS~AM GAZETTE. EXTR.AORJL,ARY. OCTOBER 30. _'.Wl 7_ 4699

(c) "Assam State Capital Region• or "State Capital Region" means the area specified
in the Schedule. The State Government may, from time to time, by notification In the
Official Gazette, amend that Schedule by adding thereto or deleting there from any
area or areas specified in such notlflcation; and thereupon any area or areas shall
be the "State Capital Region":

Provided that, no such notification shall be issued by the state Government
unless the draft of the same has been laid before the House of the State Legislature

and has been approved by a resolution passed by the House in that behalf; and upon
such approval, the notification may be issued and shall take effect in the form in
which It Is so approved.

(d) "Committee" means the Executive Committee constituted under sub-section (1)
of section 4;

(e) "development", with Its grammatical variations, means the carrying out of
bu!ld1ng engineering, mining or other operations in or over, or under any land
(Including land under river, lake or any other water) or the mak1ng of any material
change In any building of land, or In the use of any building or land and includes
redevelopment and Jayout and Sub-divisions of any land and also the provisions of

amenities and projects and schemes for deveJopment of industrial, agriculture,
horticulture, floriculture, forestry, dairy development, poultry farming, piggery,
cattle breeding, fisheries and other similar activities and the words "to develop"

shall be construed accordingly;

(f) "Development Scheme" means Plans defined under Assam Town and Country

Planning Act, 1959 (amended) Guwahati Metropolitan Development Authority Act, .O..wnActNoU

or 1961. A&wn

1985 (amended) and Guwahati Municipal CorporationAct, 1969 (amended). /lc1No.XXof

1987. Assam Act

(g) "Functional Plan" means a plan prepared to elaborate one or more elements of No I ofl'r3
the Regional Plan;

(h) "Government" means the Government of Assam;

(l) 1and" Includes benefits arising out of land, and things attached to the earth, or
permanently fastened to anything attached to the earth;

0)             - aster Plan" means Plans defined under Assam Town and Country Planning of Asse 1968Azt , NS11111 No II
Act, 1959 (amended), Guwahati Metropolitan Development Authority Act, 1985 Act No XXol
(amended); 1987

(k) nprescribed" means prescribed by rules made under this Act;

(1) rProject Plan., means a detailed plan prepared to implement one or more
elements of the Regional Plan, Sub-Regional Plan, Dlstrict Plan, Functional Plan,
Master Plan. Development scheme as the case may be

(m) .. Regional Plan• means plan prepared under the provisions of the this Act for
the development or redevelopment of {Assam State Capital Region} as defined in
this Act, or for any part thereof and includes a draft or final Master Plan prepared
for the said region or any Part thereof whether before or after the commencement
of this Act which is for the time being In force;


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4 700 THE A SSA M GAZETTE, EXTRAORDINARY, OCTOBER 30, 201 7

(n)"Regulations" means regulations made by the Authority under this Act;

( o) "rule" means rule made under this Act

(p) "Schedule'' means the schedule appended to this Act,

(q) "Sub-Region" means such part of the State Capital Region as falls entirely within
the limits of a particular development authority or local bodies; and

(r) HSub-Reg1on Plan .. means a plan prepared for sub-region.

OIAPTERD

THE ASSAM STATE CAPITAL REGION DEVELOPMENT AUTHORITY

Constitution 3. (1) As soon as may be after the commencement of this Act. the State
and Government shall by notification in the Official Gazette, constitute for the purposes
Incorporation
of the of this Act, a Authority to be called "The Assam State Capital Region Development
Authority Authority"[ herein after referred to as "the llegion Development Authority" or "the

Authority"}.

(2) The Authority shall be a body corporate, by the name aforesaid. having

perpetual succession and a common seal with power, subject to the provisions of
this Act. w contract and shall. by the said name. sue and to acquire hold and dispose
the property, both movable and immovable and to contract and may sue or be sued
by lts corporate name aforesaid.

(3) The Authority shall consist of such numbers, not exceeding twelve, as may be

prescribed, and unless the rules made In this behalf otherwise provide, the
Authority shall consist of the following members, namely:-

(i) The Chief Minister, Assam who sha11 be tbe Chairman;

(ti) The Finance Minister, Assam;
(iii) The Minister of Guwahati Development Department;
(Iv) The Minister of Urban Development Department;
( v) Vice Chairman of the Authority who is notified by the Government
of Assam not below the rank of Commissi.oner & Secretary to the

State Government;
(vi) Four (4) elected Members of Parliament/ Members of Legislative
Assembly who shall be nomlnated by the Government and be
members on a rotational basis;

(Vii) Two (2) members who shall be persons having knowledge and

experience in town planning. to be nominated by the State
Government;


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###### THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2017 4701

(viii) A full-time Secretary of the Authority who will act as Member

Secretary:

Provided that no change shall be made in the composition of the Authority by
rules except with the previous consent of the Government.

(4) The terms and conditions of office of the members nominated under clause (vi),

clause (vii), of subsection (3) shall be 3 (three) years or such as may be prescribed.

(5) No Act or proceeding of the Authority or of any Committee or other body
thereof sha11 be deemed to be invalid at any time merely on the ground that.-

a) any of the members of the Authority or its Committee or body are not duly

ele<:ted, nominated or appointed or for any other reason are not available to
take office at the time of the constitution or any meeting of the Authority or
of its Committee or body or there is any defect in the constitution thereof,
or any person is a member in more than one capacity or there are one or
more vacancies in the offices of any such member:

b) there is any Irregularity in the procedure of the Authority or such
Committee or Body, affecting the merits of the matter under consideration.

(6) The Authority shall meet at least once in three months, in such place and at
such time as the Chairman may decide and observe such rules of procedure in
regard to the transaction ofbusiness at its meetings (including the quorum thereat)
as may be laid down by regulations.

(7) The Authority may utilize the services of fo11owing institutions/organizations in
discharging of preparation of plans and development of infrastructure:-

( a) Development Authorities constituted under the GMDA Act,1985 with

amendments and Assam Town & Country Planning Act,1959 with
amendments.

(b) Guwahati Municipal Corporation, other urban & rural local bodies and
Authorities administrating 6th schedule areas falllng under Assam State
Capital Region.

(c) Other Government and Semi-Government departments, as the case may be:

Provided that Authority may, by a resolution add any other institutions
/ organ\zations as the case may be, and delegate to them powers.

Composition -4. (1) The Authority shall as soon as may be, after the commencement of this Act.

of the -constitute a Committee, to be called the Executive Committee, for assisting the

Cormnittcc. E~ocutive Authority in the dJscharge of its functions.

(2) The Executive Committee shall consist of such members, not exceeding
twelve, as may be prescribed and unless the rules made in this behalf otherwise

provide. the Committee shall consist of the following members, namely:-


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4702 THE ASS/u\1 GAZETTE, EXTRAORDfNARY, OCTOBER 30. 2017

(i) Vice-ChaJnnan of the Authority shall be the Chairman of the

Executive Committee:
(ii) Senior most Secretary or not less than Commissioner & Secretary,

Urban Development Department;
(iii) Senior most Secretary or not less than Commissioner & Secretary,
Guwabati Development Department;
(iv) Senior most Secretary or not less than Commissioner & Secretary,

Finance Department;
(v) Senior most Secretary or not less than Commissioner & Secretary,

Revenue & Disaster Management Department;

(v1) Commissioner ofPWD of Roads and BuUding;

(vii) Deputy Commissioner of all Districts falling within the State Capital

Region;
(viii) Member Secretary of the Authority shall act as member secretary of
the Executive Committee:

(ix) One member who is expert in the field of urban planning and
development to be appointed by the Government.

(3) The Executive Committee shall meet at such place and at such time as may
be determlned by its Chairman, and shall observe such rules of procedure as tt

may determine or frame In this regard.

Powertoco- S. (1) The Authority or the Committee may, at any time and for such period as it

opt.~. thinks fit, co-opt any person or persons as a member or members of the

Authority or of the Commtttee.

(2) A pID"Son co-opted under sub-section 5(1) shall exercise and discharge all
the powers and functions of a member of the Authority or of the Committee, as
the case may be, but shaU not be entitled to vote.

Vacancies, et(. 6. No act or proceeding of the Authority or of the Committee shall be lnvalid
not to merely by reason of,-
lnvalld<lte
proceedings of
the Authority (a) the existence of any vacancy in or any defect in the constitution of the
or the Authority or the Committee; or
Committee (b) any irregularity in the pre>cedure of the Authority or of the Committee

not affetting the merits of the case.

CHAPTERJll

FUNCTION AND POWERS OF THE AUTHORITY AND OF THE COMMITTEE

Fuoctlons of 7. The main object of the Authority shall be to secure the development of the State
the Autborit;f Capital Region according to the Regional Plan, and for that purpose the functions of

the Authority shall. -

(a) prepare the Regional Plan for the area under State Capital Region;


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TIJE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2017 4703

(b) co·ordinate the preparation of Functional Plans, Sub· Regional Plans,
Development Schemes and Project Plans by concerned Development Authority,
Corporation, local bodies, Panchayat and various Government Departments;

(c) to arrange for, and oversee, the financing of selected development projects in
the State Capital Region through Government fund and other sources ofrevenue;and

( d) review of Phys teal. Financial and Economical Plan in respect of the Authortty.

Pawers of 8. The powers of the Authority shall include the powers to, -
the

Authority

(a) seek information from the development Authorities and local bodies and
Department of Government within State Capital Region with regard to
preparation and implementation of Functional Plans and Sub·Regional Plans;

(b) indicate the stages for the implementation of the Regional Plan;

(c) review the Implementation of the Regional Plan, Functional Plan,
Development Schemes and Project Plan;

(d) select and approve comprehensive projects, call for priority development and
provide such assistance for the implementation of those projects as the
Authority may deem fit;

(e) select, in consultation with the State Government, any urban area, outside the

State Capital Region having regard to it's location, population and potential
for growth which may be developed as a counter-magnet in order to achieve
the objectives of the Regional Plan; and

(f} entrust to the Executive Committee such other functions as it may consider
necessary to carry out the prov1sions of this Act.

Functio11S of 9. (1) The functJons of the Executive Committee shall be to assist the Authority in, -
the
Committee

(a) the preparation and coordinated implementation of the Regional Plan and the
Functional Plan;

(b) coordinate implementa.tion of the Sub·Regional Plans and all Project Plans to

ensure that the same are in conformity with the Regional Plan;

(c) appointment of staff;

(d) planning and implementation of projects and schemes of the Authority,

including approval or rejection of such pr-ojects and schemes;

(e) approval OT rejection of tenders for projects and schemes of the Authority;


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4704 TTIEASSl\M GAZETTE, EXTRAORDINARY, OCTOBER 30, 20 17

(f) investment of surplus money of Authority in any manner with approval of
Government;

(g) the Institution conduct and withdrawal of any legal proceedings on behalf of
the Authority;

(:2) The Committee may also make such recommendation to the Authority as it may

think necessary to amend or modify any Functional Plan, Development Scheme or
any Project Plan.

(3) The Committee shall perform such other functions as may be entrusted to lt by
the Authority.

(4) Subject to the general superintendence and control of the Authority, the
management of the affairs of the Authority shall vest in the Executive Committee.

om~ano 10. (1) The Chief Administrative /Executive Offi~er of the Authority shall be
SlllT appointed by the Government of Assam not below the rank of Secretary to the State

Government. The State Government shall by order determine. from time to time,
the salary and other terms and conditions of service and the powers and functions.
He shall be appointed for such period not exceeding three years as the State
Government may decide. and the appointment may be extended from time to time
for a period not exceeding three years at a time.

(2) The Authority may, appoint Deputy or Assistant Regional Development

Commjssioners, Urban Planners, Engineers, Law-Officer, Accounts Officer and other
officers either on deputation or on appointment.

(3) The Authority may, from time to time, Issue sanction for creation of posts of
officers, staffs as may be necessary for the efficient performance of the functions of
the Authority. The condition of recruionent, appointment and service and the
powers and duties of such officers, and staff shall be such as may be determined by
service regulations.

CHAPTER-TV

THE REGIONAL PLAN

ConLents or 11. (1) The Regional Plan shall be a written statement and shall be accompanied by
the R.l!j!lonal such maps, diagrams, illustrations and descriptive matters as the Authority may
Plan

deem appropriate for the purpose of explaining or illustrating the proposals
contained in the Regional Plan and every such map, diagram, Jllustration. and
descriptive matter shall be deemed to be a part of the Regional Plan.

(2) The Regional Plan shall indicate the manner in which the land tn the State
Capital Region shall be used, Including green belts, urban forests and recreational
areas whether by carrying out development thereon or by conservation or
otherwise, and such other matters as are Ukely to have any Important Influence on


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TilFASSAM GAZETTE.EXTRAORDTNARY. OCTOBFR 10. 2017 4705

the development of State Capital Region and every such Plan shall include the
following elements needed to promote growth and balanced development of the
State Capital Region, namely:-

(a) the policy in relation to land-use and the allocation ofland for different uses;

(b) the proposals for major urban settlement pattern;

tc) the proposals for providing suitable economic base for future growth;

{d) tht: proposals regarding transport and COtnfllUnications including roads,

railways, waterways. metro rail, bus rapid transit system and arterial roads
serving the State Capital Reg1on;

(e) the proposals for the supply of drinking \4.l'ater, drainage and sewerage;

(f)indication of the areas which require immediate development _as_ "priority

areas~·

(g) regional plan proposals for Industrial corridor and Industrial park;

(h) such other matters as may be Included by the Authority with the concurrence

of the State Government and local authorities for the proper development of the

growth and balanced development of the State Capital Region.

(3) The Authority may also in consultation With the local Authority concerned. for
the purpose of the integrated development of the State Capital Region, undertake
modifkatlon or revision of the Development plans under the Act. aforesaid for the
area of the Authority and shall for this purpose have all the powers of a Authority
under that Act.

Surveys and 12. For the preparation of the Regional Plan. the Authority may cause such surveys

studies and studies. as it may consider necessary to be made by such persons or group of

persons as it may appoint in thls behalf and may also assooate such experts or
consultants for carrying out studies In relation to such specific matters as may be
determined by the Authority.

Procedure co
be followed 13. (1) '.lefore preparing any Regional Plan, finally. the Authority shall prepare with
f'orthe the a~.sistance of the Committee, a Regional Plan in draft and publish It by making a
preparation copy thereof available for inspection and publishing a notice In such form and in
of the

Reefonal Plan such manner as may be prescribed Inviting objections and suggestions from any

person with respect to the draft Regional 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 11mits any land touched by the Regional Plan Is situate to make
any representation with respect to the draft Regional Plan.


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4706 fllEASSAM GAZETTE. EXTRAORDD\ARY, OCTOBER 30. '.:!017

(3) After considering all objections, suggestions and representations that may have
been received by the Authority, the Authority shall finally prepare the Regional
Plan:
Provtded that the Authority may examine any Draft Plan of the Schedule land

already prepared and may adopt this Draft Plan with such modification/correction
as Authority may consider necessary as per regulatfon framed for such adoption.

Date of 14. (1) Immediately after the Regional Plan has been finally prepared, the Authority
coming Into

shall publish in such a manner as may be prescribed, a notice, stating that the

operation of
the Regional Reg1onal Plan has been finally prepared by it and naming the places where a copy of
Plan the Regional Plan may be inspected at all reasonable hours and upon the date of

first publications of the aforesaid notice, the Regional Plan shall come into
operation.

(2) The Publication of the Regional Plan, after previous publication, as required by

section 13. shall be conclusive proof that the Regional Plan has been duly prepared.

Modlf\catio 15. (1) The Authority may, subject to the provisions of sub-section (2) make such

os of tb.e modification Jn the Regional Plan as fina1ly prepared by it, as It may think fit, being
Reg .anal

modif\catlons which, in Its opinion, do not effect important alterations in the

Ploin

character of the Regional Plan and which do not relate to the extent ofland-uses or
the standard of population density.

(2) Before making any modifications in the finally prepared Regional Plan, the
Authority shall publish a notice, in such fonn and in such manner as may be
prescribed, indicating there In the modifications which are proposed to be made in
the finally prepared Regional Plan, and Inviting objections and suggestions from any

persons wtth respect to the proposed modifications before such date as may be
speclfled In the notice and shall consider all objections and suggestions that may be
received by it on or before the date so speClfied.

(3) Every modification made under thls section shall be published in such a manner

as the Authority may specify and the modifications shall come into operation either
on the date of such publication or on such later date as the Authority may fix.

(4) If any question arises whether the modifications proposed to be made are
modifications which effect important alterations In the character of the Regional
Plan or whether they relate to the extent of land-uses or the standard of population

density, it shall be decided by the Authority, whose decision thereon shall be final.

Rev\ewud 16. (1) After every years from the date of coming Into operation of the flnally
~on ID prepared Regional Plan. the Authority shall review such Regional Plan in its entirety

the Regional
Piao and may, after such review, substitute it by fresh Regional Plan or may make such

modifications or alternations therein, as may be found by it to be necessary.


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TIIEASSAM GAZETfl::. EXTRAORDil\ARY OCTOBER 30, 2017 4707

(2) Where it Is proposed to substitute a fresh Regional Plan in place of the Regional

Plan which was previously finally prepared or where 1t is proposed to make any
modifications or alterations in the finally prepared Regional Plan, such fresh Plan

or. as the case may be, modifications or alterations In the finally prepared Regional
Pl an. shall be published and dealt with in the same manner as if it were the Regional
Plan referred to in section 13 and 14 or as they were the modification or alterations

in the Regional Plan made under section 15.

CHAPTER-V

FUNCTIONAL PLANS, SUB-REGIONAL PLANS, MASTER PLAN, DEVELOPMENT
SCHEME AND PROJECT P~S

Preparation of 17, (1) Aft.er the Regional Plan has come into operation, the Authority may prepare,

Functional as many Functional Plans as may be necessary for the proper guidance of the other

Plans, Su.b- uth . d di d th- th l .
Regional a on'des an local bo es concerne wi eir consu tation.

Plans/Master
Plans (2) Bach authorttles and local bodies are empowered to prepare a FunctionaJ

Plan/Sub· regional Plan/ Master Plan for the sub-region.

(3) Each Sub-Regional Plan/Master Plan shall be a written statement and shall be
accompanied by such maps, diagrams, illustrations and descriptJve matters as the
authorities and local bodies concerned may deem appropriate for the purpose of
explatnfng or lllustrattng the proposals contained in such Sub-Regional Plan and
every such map, document. Illustration and descriptive matter shall be deemed to
be a part of the Sub-Regional Plan/ Master Plan.

(4) A Sub-Regional Plan may indicate the following elements to elaborate the
Regional Plan at the sub-regional level, namely: -

(a) reservations of areas for specific land-uses which are of the regional or :sub-

regional importance includin_g green belts, urban forests and recreational
areas;

(b) tribal belts/ block areas and Autonomous Council areas within the State

Cap1tal Region shall be developed keeping in view the existing laws while
preserving the tradition and culture of the tribal blocks; and the ptior
consent of these authorities is mandatory before finalizing the Regional Plan

covering the respective areas:

(c) future urban and major rural settlements 1ndlcating their area, projected
population, predominant economic functions, approximate site and
locations;

(d) road and mass rapid transit system network up to the District roads and
roads connecting major rural settlements;


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4 708 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2017

(e) proposals for the co-ordination of traffic and transportation, included

terminal facilities;

(t) priority areas at sub-regional level for which 1mmedlate plans are

necessary;

(g) proposals for the supply of drinking water, drainage and ~ewerage; and

(h) any other matter which is necessary for the proper development of the sub-

region.

(5) The Master Plan prepared for an area w\11 be as per Assam Town and Country .i.-nMi No.II ofl961;

Planning Act. 1959 (amended) orGMDAAct. 1985 (amended) as the case may be .......,.,...

No. xx o( J9fl

18. The local authorities and local bodies concerned may, by themselves or In
collaboration with one or more of the participating authorities and local bodies
concerned, as the case may be, prepare Project Plans for one or more elements of
the Regional Plan or Sub-Regional Plan.

5'1bmlsstooof 19. Each local authorities or local bodies concerned shall submit Sub-Regional

S111>-1teg1ar&1 Plans/Functional Plans to the State Capital Region Authority In conformity with the

###### -' f\inCtl<lllal
Pm Regional Plan.

20. Bach local authorities or local bodies concerned or, as the case may be, shall be

lmpleZl!entnl

011 of sub- responsible for the Implementation of the Sub-Regional Plan/Master l'lan in

regional c;onfonnity with the State Capital Reglon Author1ty Regional Plan.
pl.ans.etc

CHAPTER·Vl

FINANCE, ACCOUNTS AND AUDIT

?1. (l) There shall be a fund for .the Metropolitan Authorlty to be called "Assam
State Capital Region Development Fund• to whlcb shall be credited all moneys

received by theAuthorlty, including, -

(a) the contribution to be made by the State Government of a sum of not less

than Rs 100 crore (Rupees one hundred crores) towards a revolvtng fund to
be established by the Authority, tn such instalments, as the State
Government may determJne ln accordance with the schemes included In the
State Plan and under appropriation duly made in this behalf, whlch

contribution shall be utilized by the Authortty for such planned development
as the State Government may, from time to time, approve;

(b) such other moneys as may be paid to the Authority by the State Government;

(c) such moneys as may be paid to the Authority by the Central Government or

any other authority or agency;


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THEASSAIV1 GAZETTE, EXTRAORDINARY, OCTOBER30, 2017 4709

( d) the sums placed at its disposal by the State Government from out the
proceeds of any cess levied under this Act;

( e) the proceeds of any betterment charge levied under this Act;

(f) all fees, costs and charges received by the Authortty under this Act ?r any
other law for the time being ln force;

(g) all money received by the Authority from the disposal of lands, buildings and
other properties, moveable and immoveable, and other transactions;

(h) all moneys borrowed by the Authority;

(I) aJI money recelved by the Authority by way of rents and profits or in any
other manner from any other source.

(2) The State Government shall, every year, make a grant to the Authority of a sum
equivalent to the administrative expenses of the Authority till the Authority Is able
to meet its administrative expenses out of its own sources;

(3)The Authority may k~p in current or deposit account with the State Bank of Cenat.I AoJ.
India or with any Scheduled Barik as defined tn the Reserve Bank of India Act, 1934, No.2 ofl9)4

Central Act No 2 of 1934; Central Act No. 10 of 19-4-9 which holds a license issued by
the Reserve Bank of India under section 22 of the Banking regulation Act, 1949, or No. ~llCI lo of

With any other bank approved by the State Government In this b~half, such sum of 1949
money out of Its Fund as may be prescrtbed, and any money tn excess of the satd
sum shall be invested ln such manner as may be approved by the State Government.

( 4) Such accounts sh-all be operated upon by such officers of the Authority as may
be authorized by it by regulation made in this behalf.

Leans 22. (1) As a part O'fthe Assam State Capital Region Development Fund the Authority

Fund shall establish ir1 district Bank accounts a Loans Fund for the purposes of (a)
receiving all monies borrowed by ft 1ncluding all repayments of loan Instalments
together Witt-' payment of lnterest made by the borrower on loan, (l>) providing all
moneys to be made available by the borrower on Joans or advances to local
authorities and other authorities or persons , ( c) repayment ~f loans raised by the

Authority for the purpose of this Act, and (d) expenditure on projects and schemes.

(2) AJ.i matters connected with the Loans Fund shall be governed by the regulations
made In thts behalf.

23. (1) The Authority shall make provisions for a reserve fund and may provide for
other specially denominated funds as lt deems fit

(2) The management of the funds referred to In sub-section (1). the sums to be
transferred from time to time to the cred1t thereof and the application of money
comprised therein, shall be determined by the Authority.

Appllc.n&n o! Z4. AU property. funds and other assets vesting in the Authority shall be held and
l'unc!I,- appUed by it for the purposes and subject to the provisions of this Act.


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4710 THI:. AS<:;AM GAZETIE. EXTRAORDINARY, OCTOBER 30, 201 7

25. The Authority may, with tile previous approval of the State Government,
borrow any moneys for carrying out the purpose of this Act or for servicing any
loan obtained by it at such rates and on such conditions as the State Government
may determine at the time the moneys are botTOwed.

###### "-of 26. The Authority shall be Competent to give grants, advances or loans to, or to
A.Ulborlty t.o

IUilrJCC~ share expenses with, any local authority or other authority ln the State Capital
nlldlel1* Region, for any of the purposes of section 12, and notw1thstanding anything
Ind hnpGM
oanditio• contained in any law for the time being In force, but subject to the restrictions, If
m-or any, contained therein, It shall be lawful for such other authority to accept such

grants, advances or loans or share In the expenses, subject to such terms and
conditions as the Authority may, from time to ttme, In consultation wtth such other
authority, specify.

Clv.r&nttc Stale 10 27. The State Government may guarantee repayment of the principal of, and

loullaUn!W" Interest on, _a1zy_ _loan raised or Biven_ _by_ _the Authority or transferred to_ _ft:._ _for the_

&ifttl by purposes of this Act, subject to such conditions as the State Government may think

A*1nty

fit to impose.

###### ,.__

28. (1) The Author1ty shall cause to be maintained proper books of accounts and

and Audit

such other books as the rules made under this Act may require and shall prepare in
accordance with such rules an annual statement of accounts.

(2) The Authority shall cause its accounts to be audited annually by Accountant
###### General, Assam.

(3) The audit shall submit hls audit report to the Authonty and shall forward a copy

thereof to the State Government

29. The Authortty shall prepare, every year, in such fonn and at such time as may
be prescribed, an annual budget estimate in respect of the next financial year
showing the estimated receipts and disbursements of the Authority and shall
submit a copy thereof to the State Government for approval by February of every

year.

:JO. The Authority shall, after the end of each ynr prepare in such form and before
such date as may be prescribed, a report of its actMtles during such year and
submit to the State Government and the State Government shall cause a copy of
such report to be laid before both Houses of the State Legislature.

Opcr'Mianl "6 31. The Authority shall not be requtnd to carry out any of Its operation under thJs

AUlhority-

IDbo .. rnod Act at a loss. Any deficit In the Assam State Capital Region Development Fund in any

outoukm financial year shall be made good by the Authority not later than those of the nc:ict

succeeding financial year.

CHAPTER-VD

POWERS OF TAXATION

32. (1) The State Government may, upon a request received from the Authority by
notification in the Official Gazette, levy a cess on building and, lands lq the State

Capital Region or any part thereof, at such rate not exceeding ftve per centum, as
may be determined by the State Government. of the rateable value of the property.


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THEASSA.'vfGAZETTE, EXTRAORDINARY, OCTOBER30, 2017 4711

(2) Such cess may be levied at different rate for different areas and fur different

classes of properties.

(3) The cess shall be collected by the locaJ author1ty within whose areas the
properties are situated as If the cess were a property tax levied by it under the law

govemlng that local authority and sh.all first be credited to the Consolidated Fund of

the State, after deducting such portion thereof as may be prescribed as collection

charges.

(4) The State Government shaJl after the appropriation made by the State

Legislature by law in this behalf pay to the Authority, from time to time, from out of
the proceeds of the cess sums equivalent to the net amount of the cess credited to

the Consolidated. Pund of the State for being utilized by the Authority for the
purposes of this Act.

(5) NotwithstandJng anything contained In the Assam Urban Areas Rent Control "-anM.

'No.XVII or

Act, 1972 [Assam Act No. XVTI of 1972) a landlord shall not. ln respect of any 1972
premises situated ln the Metropolitan Region. be entitled to make any lncrt?a.Se In
the rent of the said premises on account of the payment by him of the cess levied
under this section.

33. (1) Where, in the opinion of the Authority as a consequence of any
development project or schemes having been executed by the Authority in any area

the value of any land in that area bas Increased or will increase, the Authority shall

be entitled to levy upon the owner of the land or any person having an interest
therein. a bettennent charges In respect of the Increase in value of the land

res~ltlng from the execution of the development proJea or scheme.

(~) Such betterment charge shall be an amount not exceeding one-half of the
amount by wh1ch the value of the land on the completion of the execution of the
development project or schemes, estimated as If the land were clear of buildings,

exceeds the value of the land Immediately before such execution estimated ln like
manner:

Provided that, in levying betterment charge on any land the Authority shall
have regard to the extent and nature of benefit accruing to the land from the
development project or scheme and such other factors as may be laid down by rules
made in th.ls behalf.

(3) No betterment contribution shall be payable by the Government. the

Authority or other local authority in respect of any land which is the property of the
Government, the Authority or other local authorily or by any public institution in

respect of any land belonging to such Jnstitut1on.

34 (1) When It appears to the Authority that any particular development
project or scheme is sulfldentJy advanced to enable the amount of the bettennent

charge to be determ1ned. the Authority may, by an order made in this behalf.
declare that for the purpose of determining the betterment charge the execution of
the development project or scheme shall be deemed to have been completed and
shall thereupon give notice in writing to the owner of the Land or any person having

an lnterest therein that the Authority proposes to 3.$SCSS the amount of the
betterment charges In respect of the land under the last preceding section.


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4712 THE ASSA.\1 t1AZETTE, EXTRAORDINARY, OCTOBl-:.R 30, 20 17

(2) The Authority shall then assess the amount of betterment charge payable by
the person concerned after giving such person a reasonable opportunity to be heard
and such person shall, within one month from the date of receipt of the notice in
writing of such assessment from the Authority, inform the Authority by a
declaration in writing that he accepts the assessment or dissents from It;

(3) When the assessment proposed by the Authority ls accepted by the person
concerned within the period speclfied in subsection (2) such assessment shall be
flnal.

(4) If the person concerned dissents Crom the assessment or fails to give the
Authority the Information required by sub-section (2) wtthin the period specified
therein, the matter shall be determined by arbitrators In the m.inner provided In
the next following section.

Settlement of 35. (1) For the determination of the matter referTed to in sub-section ( 4) of

bd!cnilctrt

charge by the last preceding section. the Stat.e Government shalJ appoint three arbitrators of

arbiL-.i.o.-1 whom one shall be a City Clvfl Court Judge or District Judge or who has been such

judge and two others shall possess such technical qualifications as may be
prescribed by Government along with terms of such engagement

(2) The arbitrators shall follow such procedure as may be prescribed by
Gover nment.

(3) The arbitrators shall, for purpose of determining any matter referred to

them have the same powers as arc vested In a Civil Court under the Code of Civil
Procedure,1908, when trying a suit, in respect oftbe follow1ngmatters. namely:-

(a) Summoning and enforcing the attendance of any person and examJnjng

h\m on oath;

(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record from any Court or office;
(e) Issuing commissions for examimatlon of witnesses.

( 4) In the event of any difference of opinion among the arbitrators, the decision

of the majority shall prevail and th4lt dedsion shall be the award of the arbitrations.

(5) Jf any arbitrator dies, resigns, or is removed under sub-section (6) or refuse.c;

or neglects, In the opinion of the State Government. to perform his duties, or
becomes incapable of perlorming the same, then the State Government shall
forthwith appoint another fit person to take the place of such arbitrator.

(6) lfthe State Government is Sdtisfied after such Inquiry as It thinks flt -

(a) That an arbitrator is guilty of misconduct, the State Government may remove

him from his omce;
(b) That the award of the arbitrators has been improperly procured or there has
been any misconduct/ill practice In connection with such award. the Smte
Government may set aside the award.

(7) An award which has not been set aside by the State Government under
clause (b) Qf sub-section (6) shall be final and shall not be questioned in any Court.


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TI-IE ASSAY! GAZETTE, EXTRAORDINARY, 0CfOBER30, 2017 4713

Payment of 36. (1) The betterment charge levied under this Act shaJ1 be payable In such

bemrmmt number of installments and each installment shall be payable at such time and ln

charp. such manner as may be fixed by rules.

(2) _Any arrear of bettennent charge sbaU_ bear Interest at the p1'6crlbed rate
and shall be recoverable as an arrear of land revenue.

llettef1llent 37. (1) Any person liable to the payment of betterment charge may, at his
ch6rse• option Instead of making a payment thereof to the Authority. execute an agreemem

llrnchqe

with the Authority to leave the said payment outstanding as• charge on his lnterest

on J111d

in the land. subject to the payment lo perpetuity of interest at the prescribed rate,
the first annual payment of such interest being made at such time and in such
manner as may be flx.ed by the rules:

Provided that. within a period often years from the date on whlcb the first
payment of interest is made by any person, he may, at any time, pay the betterment
charge m full In a lump sum and thereupon the agreement ex~ut.ed by him shall
stand terminated and the charge created by him on his interest in the land shall also

stand released.

(2) Every payment due from any person in respect of a betterment charge and

e11ery charge referred to ln sub·sectlon (1) shall notwithstanding anything
contained In any-other law for the time being in force but subject to the payment of
any dues of the Government. or of any local authority, be the first charge upon the
interest of such person in such land

CHAPTER·Vlll

LAND AHD PROPERTY REI.A.TED PROVISIONS

38. The Authortty may acquire any movable or Immovable property by purchase,
exchange, gift. lease. mortgage, negotiated settlement, or by any other means
permissible under any law.

A~lsllionof 39. The Authority may acquire land by mutual agreement by payjng such amount
###### ~ and also on such other terms and conditions as may be agreed upon th.rough

9C:tlJa'ICot negotiated settlement In such manner as may be prescribed.

P~to 4-0. Any land required. reserved or designated lo any development plan shall be

ICqUire i-s deemed to be the land needed for publtc purpose within the meaning of the Right to

Fair Compensation and Transparency in Land Acquisition, under prevailing
RehabUltation and Resettlement Act. and may be acquired by the Government on
the request by the Authority or other authority or functional unit.

Cr1lllioD lllCI 41. The Authority shall create and maintain a Capital Region Land Development
###### ::-'"of Bank In whlcb all lands acquired, allotted, purchased or obtained through any mode
 ~ sh.all be maintained, protected and used for the further.mce of the objectives of the

Bank Act.

Tran3feT' of 42. (1) The Authority shall have the first right of alienation of Government lands
Gottrnmmt
Land tX> the wfthln the capital region and such land as may be required by the Authority shall be
Autbomy transferred to the CapiraJ Regfon Land Development Bank.


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4714 THE ASSA.\1 GAZETTE. EXTRAORDINARY, OCTOBLR 30. 2017

(2) The Government by specific orders and on such terms and conditions as may be
agreed upon between the Government and the Authority, place at the disposal of
the Authority any developed and undeveloped Government lands situated within
the capital region.for the purpose of development

(3) Any lands assigned by Government may be taken over by the Authority as per
prescribed procedure for underuklng development schemes, industrial

development schemes or for development of public utilities. amenlties and facillties

upon payment of compensation decided by the District Collector.

A<:q11Lsltl611 43. The Authority may, with the con.sent of the owner. acquire land for public
ortand by

purposes, for providing jnfrastructure, amenities and facilities by way of according

Tron~fcr&b!e
Devdoprot:nt Transferable Development Rights through issue of Development Right Certificate in
Rlshts lieu of payment towards cost of land in such manner as may be prescribed:

Provided that the Transferable Development Rights may be arrived at on the basis
of relative land values and equivalent amount of both export and import areas as
per the Registration Department records. Such Transferable Development Right
may be utilized as addltional built space by the owner who can use this either by
himself or transfer ft to any other person In full or In part for use in a Jess developed

area as prescribed, or offset the money against the fees and charges payable for
develorment permission or building sanCdon subject to fu'lfillment of all other rules

and stand\ng orders governed for construction of buildings.

DISJ)OS&I of 44. Any land acquired by the Government and transferred to the Authority or any
l.and&Dd
other Government land ahenated to the Authority, with or without development thereon,

Property lJ;> or any other immovable property belonging to the Authority, may be disposed of by

d:Je Aut11ont1 the Authority in accordance with standing orders made for the purpose in this

behalf.

Utld 45. The Authority shall execute land pooling scheme for intending land owners
l'ooh.ng volunteering to surrender their land against a guarantee return of a developed and
Policy

reconstituted plot/land. The Land Pooling policy for Guwahatl Metropolitan Area-
2025 and Guwahati (Master Piao Area 2025) Land Pooling Regulation, Z016 shall
be adopted for de\lelopment of State Capital Region.

CHAPTER· IX

MISCELLANEOUS

Aatohave 46. The provlSlons of this Act shall have effect notwithstanding anything
oven'ldlna inconsistent therewith contained In any other law ror the time belng In force or in
efftct any lnstrur.nent having effect by virtue of any law other than this Act; or in any

decree or order of any court. tribunal or other authority.

POWCTOftM

47. Th.e State Government may, from time to time, give such directions to the

Covrrn111U1t Autllc1rity as It may think flt for the efficient adm inistration of this Act and when any
lOINC such dlrettion is given, the Authortty shall carry out such directions.
dlrec:Joos

Violation of 48. (1) On and from the coming Into operat1on ot the finally published Regional
Reg)on:il Plan, No Development and Plans shall be made In the region which ls inconsistence
Plan with the Regional Plan as finally published.


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THFASSA.v1 GAZEITE, EXTRAORDIXARY. OCTOBF.R 30, 20 17 4715

(2) Where the Authority is satisfied that any local authority, Government
Departments and persons has carried out. or is carrying out. any activity which

amounts to a violation of the Regional Plan, it may, by a notice in writing. direct the

concerned participating locaJ authorities and government departments and persons
as the case may be, to stop such violat:ion of the Regional Plan within such time as
may be specified In the said notice and In case of any omission or the refwal oo the

part of the concerned local authorities, government departments and persons to
stop such activity, withhold such financial assistance to the concerned local
authorities as the Authorlty may consider necessary and take any other action as

per rule framed In this regard.

T~ltnlcal 49. (1) The State Government may direct Its Town and Country Planning
asslstantt to Organization, other departments and GuwahatJ Metropolitan Development
!he
Auth«lty Authority to provide on such terms and conditions as may be mutually agreed upon,

such technical assistance to the Authority as that Government may consider

necessary.

Powerof SO. The Authority may, by resolution, delegate, from time to time, any power

tk~oo. (except the power to make regulations) exercisable by it or any function to be
discharged or any duty to be performed by Jt, by or under this Act to the Executive

CommJttee subject to such terms and conditions as may be specified in such
resolution.

rowtt 51. Subject to any rules made in this behalf, any person generally or specially

cf cay authorized by the Authority in th1s behalf, may, at all reasonable t:imes, enter upon
any !and or premises and do such things thereon as may be necessary for the

purpose or lawfuJly canyf ng out any works or for making any survey, examination

or investigations, preliminary or incidental to the exercise or any power or
performances of any function by the Authority under this Act:

Provided that no such persons shall enter any building or any enclosed

courtyard or garden attached to a dwelling-house without previously glving the
occupier thereof at least three days notice in writing of his Intention to do so .

.Member 52. The Member-Secretary, Officers and other employees of the Authority shall be

Sccn:ury.
OfficerJ 11\d deemed. when acting or purporting to act In pursuance or any of the provisions of
ocher chls Act, to be public servants within the meaning of section 21 of the I ndJan Penal
emp.loyttl.o Code.
l>e pub le
# - 53. No suit. prosecution or other legal proceeding shall he against the Authority or

any member or any officer or any other employee or the Authority including any
other persons authorized by the Authority to exercise any power or to dJscbarge
any function under this Act, or for anything which ls ln good faJth done or intended

to be done under this Act.

PowerlO 54. (1) The State Government may, by notification m the Official Gazette, make
m.U.e rul<el rules to carry out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely: -


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4716 THF.ASSAM GA.7.ETTF, EXTRAORDl'lARY, OCTOB}R 30, 2017

(a) the composition and nwnber of the members of the Authority and of the
Committee, as required by sub section (3) of section 3 and sub-section (2)
of section 4. respectively, to be prescribed.

(b) the terms and conditions of the office of the members as required by sub-

section ( 4) of section 3, to be prescribed:

{c) the form and manner in which notice under sub-section (1) of section 13
and sub-section (2) of section 14 shall be published;

(d) the manner In which notice under sub-section (1) of section 13 shall be

published;

(e) the form In which and the time at which the Authority shall prepare Its

budget under section 29 and Its annual report under section 30 and the
manner In which the accounts of the Authority shall be maintained and
audited under section 28:

(f) the condltior\S and restrictions with respect to the exercise of the Powers to
enter under section 51 and others matters relating thereto: and

(g) the form and manner in whlcb notice under section 48 (2) are to be issued

for taking action under it;

(h) any other matter which ts to be. or, may be prescribed or in respect of

which provision is to be, or may be, made by rules.

SS. (1) The Authority may, with the previous approval of the State Government. by

Notification In the Offtclal Gcaette, make regulations not inconS'lstent with this Act
<1nd the ruJes made there under to carry out the provisions of this Act

(2) In particular and without prejudlce to the generality of the forego1ng power,

such regulations may provide for all or any of the following matters. namely:-

(a) the manner In which and the purposes for which the Authority may

associate with ltSelfany person under section 10:

(b) the terms and conditions of service of the Officers and Employees of the
Authority under sub-section (3) ohection }();and
(c) any other matter in respect of which provis1ons Is to be, or may be, made by

regulations.
56. Every rule and every reguJadon made under this Act shall be laid. as soon as

Rules end may be after they are made. laid before the Assam Legislative Assembly, while it is

~plado.os
tD ~!aid session for a total period of fourteen days which may be comprised in one session
before or in two or more successive sessions. and if, before the expiry of the session In
Legislat:M which it is so laid or the session immediately following, the Assam Legislative
Anombly

Assembly agrees In making any modlftcat1on In the rule, every rules or agree that
the every rules and regulations should not be made, every rules or regulations shall
thereafter have effect only In su<:h rnodltled form or be no effect. as the case may be,
so however, that any such modification or annulment shall be without prejudice to
the vaUdity of anything previously done under the every rules and regulations.


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TI IE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 20 l 7 4 717

Dissoluti(Wl 57. (1) Where the State Government is satisfied that the pUiposes for which the
oftbe Authority was established under this Act, have been substantially achieved or the
A~y

Authority has failed ln Its objections, so as to render the continued existence of the
Authorlty ln the Offlcial Gazette, declare that the Authority shall be dissolved with
effect from such date as may be specified in the notification; and the Authority shaH
be deemed to be dissolved accordingly.

(2) From the ~d date,-

(a) aU properties, funds and dues which. are vested in OT rea)rzable by the
Authority shaU vest in. or be realrzable by. the State Government

(b) all liabUlties which are enforceable against the Authority shall be

enforceable against the State Government.

(c) for the purpose of carrying out any development which has been carried

out by the Authority and for the purpose of realizing properties, funds and

dues referred to tn dause (a) the functions of the Authority shall be
discharged by the State Government.

(3) Nothing In thls section shall be construed as preventing the State Government
from reconstituting the Authority in accordance with the provisions of this Act.

The Schedule

[See section 2(c]J

The Assam State Capital Region shall comprise of the following areas:-

1. Kamrup Metropolitan District (all Circles}
2. Kamrup Oistrict(Hajo, Palashbari, Rangia, Goroimari, Chaygaon, Boko,

North Guwahati, Kamalpur and Koya Circle)

3. Nalbari District (Barkhetri, Nalbari, Pachim Nalbari, Ghograpar, Barbhag

and· Banekuchi Circle)

4. Darrang District (Sipajhar, Patbarighat Circle and Mangaldoi Municipal

area)

###### 5 Morigaon District (Mayong & Marigaon Circle)


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4718 THE ASSAM GAZETfb, EXfRAORDINARY, OCTOBER 30, 2017

S. ::\1. BUZARBARUAH,

###### Commissioner & Secretary to the Government of Assam,

Legislative Department, Dispur

Guwahati :-Printed and Published by the Dy. Director (P & S). Directorate of Printing & Stationeiy, Assam, Guwahati-21.

Extraordinary Gazette No 1241-200-10 - 30 - 10 - 2017. (" is1t at- www.dpns.assam.gov in)


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