The Assam Town and Country Planning Act, 1959
' The 13th February 1960

**No.LJL .33/57/42.—The following Act of the Assam Legislative Assembly**

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

**(Received the assent of the President on the 6th February 1960)**


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###### ASSAM ACT II OF 1960

 THE ASSAM TOWN AND COUNTRY PLANNINt
 ACT, 1959

(As passed by the Assembly)

[Published in the _Assam Gazette, dated the Jyth February I960:_

CONTENTS

P reamble

###### CHAPTER I

**Prelim inai y**

Section 1 Short title, extent and commencement.

Section 2 Definitions.

CHAP I ER 11

**Constitution o f the Advisory Council**

Section 3 Constitution of the Town and Country Planning Ad:

Council.

Section 4 Resignation of non-olficial members.
Section 5 Term of office.
Section 6 Commencement of the term of ffice of non-o

members. ‘I

Section 7 Removal of non-official members.
Section 8 Filling of casual vacancies. |

CHAPTER III

**M aster Plan**

Section 9 Preparation of Master Plan.

Section 10 Publication of the Master Plan.

Section 11 Contents of Master Plan and Zoning Regulations.
Section 12 Constitution of the Authority for implcmentatioi

the Plan.

Section 13 Restrictions of use of land and buildings thereon

publication. 4

Section 14 Power of the Slate Government to modify the plan

the Regulation.


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###### CHAPTER IV

**Development Scheme**

Section 15 Preparation of the Development Scheme.
Section 16 Publication of the Development Scheme.
Section 17 Implementation of the Development Scheme.
Section 18 Scope of the Development Scheme.
Section 19 Amendments and alterations of the Development Scheme.
Section 20 Power to revoke the Development Scheme.
Section 21 Powers of the Authority to impose restrictions.

CHAPTER V

**Streets and Land Subdivisions**

Section 22 Width of public streets.

Section 23 Power to prescribe street line.

Section 24 Setting back buildings to the prescribed street line.

Section 25 Acquisition of land within the line of street.

Section 26 Acquisition of the remaining part of building and land

after their portions within a prescribed line of the
street are acquired.

Section 27 Subdivision of private land.

Section 28 Plans accompanying notice.

Section 29 Sanction with or without modification or refusal.

Section 30 Layout not according to plan.

Section 31 Penalty for violation.

CHAPTER VI

**Acquisition of land**

Section 32 Power of State Government to acquire land.

Section 33 Proceeding for acquisition of land.

Section 34 Disposing of land.

Section 35 Provision of private negotiation before compulsory

acquisition. r 7

Section 36 Payment to owner by adjustment.


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###### CHAPTER VII

 Compensation and betterment

Setfon 37 Right to compensation.

###### f l

Section 38 No right to compensation.

Section 39 Power of Government to exclude compensation

certain cases.
. H

Section 40 Right of owner to require Authority to acquire

purchase land.

Section 41 Levy of betterment fee.             -

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Section 42 Appeal.

###### CHAPTER VIII

##### a

**Appeals and the Appellate Authority**

Section 43 Appointment of Appellate Authority.

Sec tion 44 Duties of the Appellate Authority.

Section 45 Procedure of working of the Appellate Authority.

Section 46 Right to appear by recognised agent.

Section 47 Protection of action taken under this Act.

CHAPTER IX

**Finance**

Section 48 Development Fund

                                 -

Section 49 Powers to borrow
Section 50 Grants, advances and loans.

CHAPTER X

**Legal Proceedings**

Section 51 Penalty for breach of . .the provisions of the Mastfl

Plan cr Scheme!’
->S3

Section 52 Power to execute on failure to comply witl

notice.

Section 53 Right of occupier to execute works in default of ownt

Section 54 Procedure upon opposition to execution by occupier,

###### jcction 55 Recovery of cost of work by the occupier,


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Section 56 Penalty for obstructing contractor or removing marks.

Section 57 Officers under the act to be public servants.

Section 58 Authority for prosecution.

Section 59 Power of Authority to institute proceedings, etc., a rd

to take legal advice.

Section CO Bar to suits and prosecutions in certain cases.

Section 61 Punishment for malicious abuse of powers.

Section 62 Registration of documents, plans or maps in connection

with scheme.

Section 63 Orders under the Act not to be questioned in any

court.

Section 64 Effect of orders inconsistent with other enactments.

?

CHAPTER XI

**M iscellaneous Provisions**

Section 65 Service of notice.

Section 66 Method of giving public notice.

Section 67 Formal defects in assessments and demands.

Section 68 Power and duties of police in respect of offerees and

assistance to Authorities.

Section 69 Decision of disputes between Authorities.

Section 70 Powers to enter into land for inspection, etc.

Section 71 Mode of proof of records of the Authority.

Section 72 Power of Authority to make agreements.

Section 73 Powers of the State Government to make rules.

                                                                                 -

Section 74 Power of the Authority to make bye-laws.


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THE ASSAM TOWN AND COUNTRY PLANNING ACT, 1959

_An_

_Act_

_to provide fo r the development o f the towns and country sides o f the State o f Assam._

**Pream ble.-- Whereas it is expedient to provide for the development of**

the towns and the country sides of the State of Assam on sound planning
principles with the object of securing proper sanitary conditions, to consetve
and promote the public health, safety and general welfare of the people
living therein ;

It is hereby enacted in the Tenth Year of the Republic of India as

follows: —

**CHAPTER I**

**Prelim inary**

**1. Short title, extent and com m encem ent.— (1) This Act may be**

called the Assam Town and Country Planning Act, 1959.

(2) It shall extend to tire whole of Assam excluding the Autonomous

Districts;

Provided that if any District Council desires that all or any of the

provisions of this Act should apply to the Autonomous District concerned,
a notification may be issued to that effect and this Act shall then extend
to that Autonomous District subject to such exceptions or modifications
as may be specified in the notification.

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

subject or context

(lj “Authority” shali mean the Local or Regional Authority appointed

by the State Government lor the purpose of administering the Act. Unless

other wise appointed by the Slate Government, the Authority in the case of
Municipal Areas .shall be taken to mean the Municipal Board for the area
constituted under the Assam Municipal Act, 1956 fAssam Act XV of 1957/

(2) “Advisory Council” means the Town and Country Planning

Advisory Council constituted under Section 3 of this Act.

(3) “Betterment Fee” means the fee prescribed in respect of an increase

in the value of land resulting from the execution of a Development Scheme.

(4) “ 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 platforms, verandah, balcony, cornice or projection, or part of a build­
ing on anything affixed thereto or any walls, earth bank, fence or other
construction enclosing or delimiting or intended to enclose or delimit any

land or space.


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(5) “Building Industrial” means a building, which is wholly or predo­

minantly used as a warehouse, factory, distillery, iron foundry and all other
buildings put to or be put to any use permitted in the zone by an authorised
scheme applicable thereto.

(6) “Director” means Director of Town and Country Planning or any

other officer appointed by the State Government.

(7) “Development” means the carrying out of building, engineering,

mining or other operations in, on, or over the land, or malting of any
material change in the use of any buildings or of land :

Provided that the following operations or uses of land shall not be

deemed for the purposes of this Act to mean development of the land, that
is to say,—

(a) the carrying out of works lor the maintenance, improvement or

other alteration of any building, being works which affect only
the interior of the building or which do not materially affect the
use and the external appearance of the building ;

_(b) the carrying out by a local authority of any works required for_

the maintenance or improvement of road, being works carried
out on land within the boundaries of the road ;

(c) the carrying out by any local authority any works for the purposes

of inspecting, repairing or renewing any Sewers, main pipes,
cables or other apparatus, including the breaking open of any
street or other land for that purpose ;

(d) the use of any building or other land within the curtilage of a

dwelling house for any purpose incidental to the enjoyment of
the dwelling house as such.

(8) “Factory” means a place to which the provisions of the Indian

Factories Act of 1934 or any amendment thereof shall apply.

(9) “Industrial Concern” means a commercial body, e. g., a factory,

workshop and a mill, or any concern of similar nature where materials

are manufactured, repaired, altered or processed.

(10) “ Master Plan” means a plan as defined under section 9 and

shall comprise of items (a) to («) of section 11.

(11) “Occupier” includes any person paying or liable to pay the

rent or any portion of the rent of the land or building in respect of which the
work is due or compensation or premium on account of the occupation
of such land and building and also a rent free tenant.

(12) “Open space” means any land whether enclosed or not,

on which not more than one twentieth part is covered with buildings and
whole of the remainder has been laid out as a public garden or used for
purposes of recreation or lies waste and unoccupied.

(13) “ Prescribed” means prescribed by rules made under this Act.

(14) “Reconstituted plot” means a plot which is ir.yany way altered

by the making ol a Development Scheme.

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(15) “ Road” 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.

(16) ‘ Scheme” means a development scheme and includes a

plan or plans together with the descriptive matter if any relating to such
a scheme.

CHAPTER II

**Constitution o f the Advisory Council**

3. **Constitution o f the Town and Country Planning Advisory**

**Council.— (1)** The State Government may constitute, by a

notification in the official Gazette, the Council consisting of the

following members to advise the Government on matters referred

to it:—

(z) Minister-in-charge of Town and Country

Planning Chairman.

Director of the Town and Country

Planning Department Secretary.

(izi) Secretary, Town and Country

Planning Department Member.

(fo) Chief Engineer, Public Works Department

(R. and B.) or his nominee ... Member.

Chief Engineer, Public Works Department

(Flood Control) or his nominee... Member.

(w) Public Health Engineer or his

nominee Member.

(cii) Secretary, Local Self-Government

or his nominee............. Member.

_(mi}_ Secretary, Finance Department or

his nominee Member.

(?x) Secretary, Revenue Department or

his nominee Member.

_(x) Six other non-official members half_

of whom shall be elected by the
Assembly and the rest shall be
nominated by the State Govern­
ment. Member.

(xz) Such number of representatives of Local Authorities falling

within the area as may be covered by the Master Plan not

exceeding two as may be co-opted by the Council

by notification, published in the official Gazette.

**(2)** Five of the members attending any meeting of the Council

shall form the quorum for the purpose of transacting the business of

that meeting of the Council,

(3) All members of the Council including the co-opted members

shall have one vote each and the Chairman shall have a casting vote in
case of equality.:6'f division, in addition to his own vote


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(4) Nothing done by the Council in its meeting shall be held

to be invalid because of any vacancy in the seats of the nominated or elected
members or the absence of any of the members for any reason whatsoever,

i (5) The Chairin su shall preside over the meetings of the

Advisory Council and in his absence the members present shall elect

one among themselves to be the president for that particular meeting.

E j 4. **Resignation of ion-official m em bers.—Any non-official member**

j7 may at any time resign his office, provided that bis resignation shall

iff- not take effect until accepted by the State Government.
###### gff . .
**I** **5, Term o f office.—** The term of office of any non-official member

ffff shall ordinarily be three years:
spy Provided that in case of the members representing the Legislature or

Local Authorities, their terms of office Shall terminate as soon as they cease
to be members of such Legislature or Local Authority as the case may be.

**I** **6. Com m encem ent o f the** **term** **o f** **office o f** **non-official**

_ J |members.— (1) The term of office of non-official members shall com-

## I

mence on such date as may be notified in this behalf by the State

£ Government.

(2). A person ceasing to be member by reason of the expiry of his

# ■.... _ .

f term of office as described in section 5, shall be eligible for re-

t.nomination or re-election.

Ig ; .

**7. Rem oval o f non-official m em bers.—The State Government may**

remove from the Council any member who : —

_(a) refuses to act, or becomes incapable of acting or absents himself_

from three consecutive meetings of the Council and

is unable to explain such absence to the satisfaction of the
Council , or

_■(b) has so flagrantly_ abused in any manner his position as a

member of the Council as to render his continuance

.'■■■ f detrimental to the public interest :

Provided that when the State Government proposes to take action under

foregoing provisions of this section, an opportunity of explanation shall
### SB ~ ~. - .. . . -.
Jg ;be given to the member concerned and when such action is taken, the

reasons thereof shall be placed or recorded.

8' **fillin g o f casual vacancies.—(1) When the place of a member**

nominated by the State Government becomes vacant by his resignation,

ftmoval or death, the State Government shall appoint a person to fill the
vacancy.

(2) When the place of a member elected or co-opted becomes vacant,

lie shall be elected or co opted by the Legislature or the Council as the case
may be.
it; (3) The term of office of a member nominated or elected or co-
opted, as the case may be, under sub-sections (1) and (2) sh Ml be the

remainder of the term of office of the member in whose place he\has been
dominated or elected or co-opted.


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» CHAPTER III

**M aster Plan**

9. **Preparation o f M aster** **Plan.—A Master** Plan hereinafter

referred to as “Plan” in this Act for the development of any area within the

State which the State Government may consider necessary, shall be

drawn up by the Director in consultation with the local authority/authorities
concerned and submitted to the ’State Government for examination and

approval.

10. **Publication o f** **the M aster Plan.— (I)** On receiving the

Plan and the Regulation from the Director, the State Government

shall have them, as soon as may be, published in the offic'al Gazette, in some

local newspaper and in the locality in the manner prescribed and deeraeittp
be required for wide and sufficient publicity in the lot ality inviting public

. opinion and objection, if any, to be submitted within a period not more

than two months.

_t_ _•_ _'_ _«»_ _, • ■_ _\_ _*_

(2) ;After considering all objections, suggestions and representations that-

may have been received, rind after getting the advice of the Council, the

State Government shall have the plan finally prepared by the Director.

11. **Contents o f M aster Plan and Zoning Regulations.—The:**

Master Plan to be prepared as defined under Section 9, may include:— >

(a) A general land-use plan for residential, commercial, industrial,:

recreational and public and scmi-public purposes ;

(Z>) Zoning plan ;

(c) Transp- rtation plan including roads, railways, canals, etc. ;

(d) Public utilities plan ;

(«) A report gi ing relevant data and information in respect of the.'

proposals in the Plan and any other things which the State
Government'may deem necessary.

12. **Constitution o f the Authority for Implementation of the**

**Plan.—After the adoption of the Plan and the Regulations, they shall be**

sent for implementation to the Authority as may be declared or constitut­
ed by the State Government in this behalf.

13. **Restrictions o f use o f land and buildings** **thereon** **after**

**publication.— (1) The Plan as** adopted by the State Government[;]

shall be published as prescribed in Section 10, and after such

publication no person shall use any land, sub-divide any land or

set up any new structure on any land covered by the Plan or change
the existing structure of any building or use of any building or land

within the area except with the permission of the Authority on a written

application submitted for that purpose.

(2) 4ach such application shall be accompanied by a plan **drawn**

to seal?, showing the actual dimension of the parcel of the land and the


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I, building to be built upon it, the s'te and the position of the building to

I" be erected and incase of alteration in the use or structure of the building
S' or land, the nature and extent of such alteration.

g (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 permission except on the ground

**r** of contravention of proposals contained in the Plan or the Regulations
I; and unless the permission has been refused within a period of one month
t 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

Ifethe permission has been given.

14. **Power o f the State Government to m odify the Plan and**

W the Regulation.—The State G overnment may review the Plan and

| may modify the Plan and the Regulations, from time to time,

F-in such manner and in such procedure as followed for the preparation

ryand approval of the original plan and the Regulati. ns.

CHAPTER IV

**Developm ent Scheme**

15. **Preparation o f the Developm ent Schem e.— (1) After the**

Recommencement of this Act, the State Government after consultation with

r the Authority, if any, may by notification in the Official Gazette declare
|*<any area to be a scheme area for the purposes of this Act.

g (2) After the Master Plan has been approved by the State

EjGovernment the Authority shall define the area which it considers

Kfnecessary for development. The Director shall prepare a scheme

**I?'and submit it to the State Government with all information necessary for**

My. consideration and approval of the scheme.

| (3) While preparing the scheme the Director shall issue a notice

jt inviting the names of all the claimants of any interest on any land or

I building within the area under the scheme to be submitted within a period

J not more than one month and submit the same to the Authority

**V.** along with the scheme and therepoit.

(4) Save as provided in this Act, the Authority shall not undertake

Wior carry out any development of land in any area which is not a scheme

j urea.

fe (5) After the commencement of this Act, no development of land shall

E -be undertaken or carried out in the scheme area by any person or body
I of persons except in the manner prescribed under section 13 of this Act.

K 16. **Publication o f the Developm ent Schem e.-(1) The Authority**

I shall have the scheme and the report and the names of all the

Itjdaimants published in the manner prescribed in sub-section (1) of section 10
i and have a copy of them served on all persons who preferred claims under
I sub-section (3) of section 15, inviting objections to be filed within a period

.1 not more than two months.

**fc‘ (2)** After the period for submitting opinion and objection of the

< public or of any interested persons has expired, the Authority- shall


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examine the scheme in the light of such opinion and objection giving j
sufficient opportunity for hearing to all such interested persons who have’J

filed objections and demanded hearing in the manner prescribed 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 I
for that purpose reasonable restrictions in the use of land and buildings I
within the area.

(3J After the Authority has adopted the scheme, it shall be forwarded to 4

the State Government for sanction and shall come into force as soon as the*

sanction has been accorded by the State Government after taking into-1
account the financial implications of the scheme.

**17.** **Im plem entation o f the D evelopm ent Schem e.— (1) The scheme ’**

shall come into force from the date as may be fixed by the Government in |
sanctioning the scheme and shall be implemented by such authority as may ;
he authorised by the State Government in that behalf.

(2) No person shall within the area for which the Government has®

sanctioned a Development Scheme, erect or proceed with any building or |
work or remove hr 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 \
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 the date of receipt i
of the application it shall be presumed that the permission has been given.

**18.** **Scope o f the D evelopm ent Schem e.—** (I) **A** scheme may **be**

made in accoi dance with the provisions of the Act in respect of any J
land which is:— .

(a) in the course of development,
_(b) likely to be used for building purposes, or_
(cj already built upon.

_Explanation:—_

The expression “Land likely to be used for building 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 incidental to a scheme, whether in the nature of a building

work or not.

(2[X] Such scheme may make provisions for any of the following

matters :■—

(«) the laying out or re-laying out of land, either vacant or already

built upon ;

(A) the filling up or reclamation of low-lying swamp or unhealthy

areas or levelling up of land ;

G lay out of new streets or roads, construction, diversion, exten-

/sion, alteration, improvement and stopping up of streets, roads

’ and communications ;


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.'J) the construction, alteration and removal of buildings, bridges

and other structures ;

(e) the allotment or reservation of land for roads, open spaces,

gardens, recreation grounds, schools markets, industrial and

commercial activities, green belts and dairies, transport facilities
and public purposes of all kinds ;

_( f ) .drainage inclusive of sewerage, surface or sub-soil drainage and_

sewage disposal;

(^) lighting ;

(/;) water supply ;

(t) the preservation of objects of historical importance or natural

beauty and of buildings actually used for religious purpose ;

(?) the imposition of conditions 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 to which
buildings or specified areas may or may not be appropriate, the
subdivision of plots, the discontinuance of objectionable uses of
land in any area in reasonable periods, parking space and
loading and unloading space for any building and the sizes
of projections and advertisement signs ;

(A) the suspension, so far as may be necessary for the proper

carrying out of the scheme, of any rule, bye-law, regulation,
notification or order made or issued under any Act of the State
Legislature or any of the Acts which the State Legislature
is competent to amend ;

(/) such other matter not inconsistent with the objects of this Act.

(3) The draft scheme shall contain the following particulars :—

(«) the area, ownership and tenure of each original plot;

(7?) the land allotted or reserved under clause (e) of sub-sec tion (2)

of section 18 with a general indication of the uses to which such
land is to be put and the terms and conditions subject to which
such land is to be put to such cases ;

_(c) the extent to which it is proposed to alter the boundaries of_

original plots ;

_(d) an estimate of the net cost of the scheme ;_

_(e) a full description of all details of the scheme under such clause_

of sub-section (2) of section 18, as may be applicable ;

( / ) the laying out or re-laying out of land either vacant or already

built upon ;         -


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(A) any other prescribed particulars.

(4) In the scheme the size and shape of every reconstituted plot

shall be determined, so far as may be, to render it suitable for building pur­

poses and where the plot is already built upon, to ensure that the building,
as far as possible, complies with the provisions of the scheme as regards
open spaces.

(5) In order to render original plots more suitable for building

purposes the scheme may contain proposals:—

(a) to form a reconstituted plot by the alteration of the boundaries

of an original plot ;

(A) to provide with the consent of the owners that two or more

original plots each of which is held in one ownership in severality
or in joint ownership, shall hereafter, with or without alteration
of boundaries be held in ownership in common as a reconstituted
plot.

(6) The scheme shall include all such provisions as the Authority

may think necessary for carrying out the objects of the Act including
the following matters:—

_(a} the lay irtg out or re-laying out of land, either vacant or already_

built upon ;

(*) the filling up or reclamation of low-lying swamp or unhealthy

areas or levelling up of land ;

(c) lay out of new streets or roads, construction, diversion, extension ,

alteration, improvement and stopping up of streets, roads and
communications ;

_(d) the construction, alteration and removal of buildings, bridges and_

other structures ;

(e) the allotment or reservation of land for roads, open spaces,

gardens, recreation grounds, schools, markets, industrial and

commercial activities, green belts and dairies, transport facilities
and public purposes of all other kinds ;

_( f ) drainage inclusive of sewerage, surface or sub-soil drainage and_

sewage disposal ;

_(g) lighting ;_
(A) water supply ;
(i) the preservation of objects of historical importance or natural

beauty and of buildings actually used for religious purposes.

19. **A m endm ents and alterations o f the Developm ent Scheme.—**

ri) If after the final scheme has come into force, the Authority 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

v/ithdraw the scheme and to publish the modified or withdrawn scheme in
the manner prescribed in sub-section (1) of Section 10.

(2) The Smodification of the scheme shall state every amendment

proposed to ke made in the scheme and if any such amendment relates to


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g matter specified in any or all of the clauses (a) to (/) of sub-section (2) of

Section 18, the modification shall also contain such other particulars as

c may be found necessary by the Authority.

(3) The variation shall be open to inspection by the public at the

j office of the Local Body or Bodies as prescribed, covering the area during

office hours.

i **(4)** Within one month of the date of publication of the modifica-

g 'tion, any person affected thereby may communicate in writing his objection

< to the Authority

I (5) After receiving the objection under sub-section (4) above, the Autho­

rity may, after making such enquiry as it may think fit, approve the pro-

g posed modification with or without any further modification thereof.
K i (6) Such modification shall take effect as if it were incorporated in the

scheme from the date of its modification.

(7) The Authority shall thereafter submit the modified scheme **to**

fe the State Government for sanction. The modified scheme shall

K be published after sanction as prescribed in subjection (1) of Section 10.

20. **Power to revoke the Developm ent Sch erne.— (1) Notwith-**

| standing anything contained in section 19, a scheme may at any time be

g modified or revoked by a subsequent scheme made, published and sanc-

b honed in accordance with this Act.

(2) The State Government, at its own initiative or on the application

g 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

I of the case the scheme shall be so revoked;

Provided that where revocation or modification is ordered by Govern­

ment after people have partially or wholly implemented a scheme,

s compensation should be paid for the necessary alterations in the manner

fe prescribed.

E '

**21. Power of the Authority** **to** **im pose** **restrictions.—For the**

< purpose of the Master Plan, the Land-use and Zoning Regulation and tie

I Scheme, the Authority may impose reasonable restrictions on the

| use of the land and building including the regulating of the open spaces

i to be maintained around the building or buildings, the peicentage of the

$ plot area to be covered by building or buildings, the number of building or

i buildings on each plot, height and character of building or buildings allowed
f;.. in specified areas, the purpose fot which building or buildings of the

specified areas may or may not be used, the subdivision of plots, parking

i space and loading and unloading space for any building and the sizes of
projections and such other matters not inconsistent with the objects of this

I ' Act.

CHAPTER V

**Streets and Land Subdivisions**

22. **Width o f public streets.—** (1) The authority shall, from time

to time, with the 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 buildings abutting thereon may bi erected and

other similar considerations. $     -


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(2) I he width of a new public street shall not be less than tl

prescribed in sub section (1) or that shown on the Master Plan for i

class to which it belongs in areas for which a Master Plan has been prep
cd.

23. **P ow er to p rescrib e Street lin es.—The Authority may presen,**

a line on one or both sides of any public street, provided a public notice!
the proposal has been issued by the Authority in the prescribed manner. Nl

person shall construct or reconstruct any portion of any building on lani
within the prescribed new street line.

24. **Setting back buildings to** **the prescribed street lin e —(1**

If any building or any part of a building abutting on a public .streets
within such line of the street, the Authority may require such building t

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 addition_ to or struct!^

alteration in any portion of such building which is within the regular linef
the street.

(2) When any building or any part thereof within the prescribed 111

of the street falls down or is burnt down or is taken down, und

the provisions of this Act or otherwise, the Authority may at once ta
possession of the portion of land within the prescribed line o ft

street previously occupied by the said building and if necessary, cle

the same.

(T) Land acquired under the foregoing sub-sections shall, henceforwa

be deemed to be a part of the public street.

**25.** **A cquisition o f land** **w ithin** **the line o f street.—If ar**

private land whethes open or enclosed, lies within the prescribed line of
public street and is not occupied by a building, or if a platform, veranda!
steps, compound wall, hedge, or fence or odrer structure, is within the line,
such street the Authority may, after giving the owner of the land or buildii

a notice of the intention to do so, take possession of the said land with its 0
closing wall, hedge or fence, if any, or of the said platform, verandah, stej
or such other structure as aforesaid or of the portion of the said platform,
verandah, steps or other such structure as aforesaid which is within t]
prescribed line of the street.

26. **A cquisition o f the rem aining part o f building** **and lant**

**after their portion s w ithin a prescribed line o f the,** **street aw**
**acquired.— ~-If a building or land is partly within the prescribed line oL$**

public street and if the Authority is satisfied that the land remaining aftff
the exclusion of the portion within the said line will not be suitable or fit f^

construction of independent building, the Authority shall acquire thi
remaining portion of the land if so desired by the owner.

27. **Subdivision o f private land.— (1) Every person who intendi**

to sub-divide any plot of land within the Master Plan Area shall give notic
in writing toQhe Authority of his said intention and such notice snail
accompanied by the plans and statements in triplicate.


-----

_.j>_


lards prescribed by the State Government.

BE

28. **Plans accom panying** **notice.—A layout plan drawn to a**

ble scale and containing the following informations shall accompany the
:e given under section 27 :— nj

(a) The location of the land,

(&) The boundaries of the proposed land shown on the map, and

sufficient description 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,

(e) 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 sub­

th.! ject to innundation or flood,

The complete layout of the proposed sub-division showing the
location and widths of all the proposed streets, dimensions and
uses of all the plots,

_(g) The locations of all drains, sewers and other utilities,_

(A) Building lines permissible, 7-

(i) Scale and north line,

(j) Key plan.

**.29. Sanction** **with or without** **m odification or** **refusal.—** (1)

! Authority may cither grant or refuse the approval to the plans or may

irove them with such modifications as it may deem fit and thereupon

all communicate its decision to the person giving the notice within three
dnths from the date of the notice.

, (2)'No person shall be allowed to construct a building on any plot of

.d, the sub-division of which has not been previously approved by the

.thority.

fig; « _.j>_

-30. **Layout** **not according to** **plan.—Should** the Authority

Ermine at any stage that the layout or the . construction is not. proceeding


-----

according to the sanctioned plan or is in violation of any provisions of

Act, it shall serve a notice on the applicant requiring him to stay ft®

execution until correction has been effected in accordance with the appro
plan.

31. **Penalty for violation.—The Authority** will have powei

impose fine not exceeding Rs.250 on any person, firm or corporal
who violates, disobeys, refuses to comply with, or who resists the enforcen
of any of the provisions of this Act. Continuation of the violation shall <

stitute a separate offence for which a fine of Rs.50 per day may be inapt

for the days after the first conviction. An appeal shall lie to the Appel

Authority constituted under this Act.

CHAPTER VI

Acqwisit ion o f La mi

**32. Power** **_of_** **State Government to acquire land.—Where**

the representation of the Authority it appears to the State Govern#
that in order to enable it to execute the scheme it is nece«sary t
land within, adjoining or surrounded by any such area should

acquired, the State Government may in consultation with the Coll:

acquire the land by publishing in the Official Gazette a notice to the ef

that the State Government has decided to acquire the land in pursuant!
this section,

33. **Proceeding for acquisition o f land.—(T The provisions:**

the Land Acquisition Act, K94 (Genual Act No.I of 1894) shall be applies
for acquisition of land u nder this Act and the compensation shall be cc

puled under the provisions of the same Act.

(2) In computing compensation for land acquired, the value will be

market value as prevailed on the 1st of January, 1957.

(3) The owner of the lands will al-o be enti led io the reasonable c

of development, if any, made during the period,

(4) Twenty-five per cent increase in value on the date of acquisitii

of the land.

**34. Disposing of land.—Subject to the rules made under this A**

**and with the previous sanctioi 8 cf the State Govemrent, the Authority n**
retain, lease, exchange ©r otherwise, transfer any land acquired by it urn

this A ct:

Provided that in case of lease or transfer the owner will get first pric

ty, if due to acquisition he becomes landless.

35. **Provision** **o f** **private** .«egotia«ion **before** **cesnpulM**

**acquisition*—(1) The Authorhy may, in the first instance, make reasppal**
efforts to purchase any land by private negotiation.

(2) In case of failure to purchase the land by rivate negotiati

within a specified time, the said land shall be compulscrily acquired.

13) Nothing in this section shall, however, debar the State GovernnM

or. a local authority fem compulsorily acquiring any land without, pc


-----

£ 36, **Payment to owner by adjustment,™** All payments due to be
fade to any person by the Authority, under this Act, shall so far as possible,
**e** mad?[1] by an adjustment in respect of the plot concerned or of any other

lot in which he has an interest and failing such adjustment shall be paid in

Sih or in such other way as may be agreed upon by the parties.

###### CHAPTER VII

**Com pensation and betterm ent**

£<37. **Right** **to** com pensation.—Any person whose property is

ftiOusly affected in value by the making ol a scheme shall, if he

lakes a claim for the purpose within a period of three months after
**W** date of publication of a notification sanctioning the scheme under

Action 16, be entitled to obtain compensation in respect thereof from the

authority.

38. **No right to com pensation.—A** person shall not be entitled to

Sain compensation under the foregoing section on account of any building
tected on or contract made or other thing done with respect to any land
ffliin the area included in a scheme after the date of the notification of the
theme under section **IS:**

Provided that this provision shall not apply to any building erected,

fitract made or other thing done in accordance with the permission
Ibted unde, sections 13 and 1< of this Act.

|g3v **Power o f Government to exclude com pensation in certain**
**Jies.—(1) No compensation shall be payable in respect of any property**
(Sirh may be injur ously affected by putting into operation of any provision

f. the scheme which :—

([a] ) prescribes the space about buildings : or

K (i) limits the number of buildings; or

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

buildings ; or

_f e W prohibits or restricts building operations_ permanently or

temporarily on the ground that erection of buildings 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 provision for roads, sewers, water
supply or other public services ; or

Sh («) prohibits or restricts the use of land or a building for a purpose

which may invoh e danger or injuty to public hygiene or the
health of the occupants or the[:]r neighbours or for a purpose
which is against the public policy or public morals ; or

_fife(f ) in the interests of safety, regulates the height and position of pro­_

posed walls, and building fences or hedges near the corners
or bends of roads : or


-----

_(g) in the case of the erection of any building intended to be used_

for purposes of business or industry, requires the provision of
parking the vehicles.

(2) No compensation shall be payable for refusal of permission to make

any alteration in any building which is not in conformity with the use speci­
fied in the Plan or in the scheme.

40. **Right o f owner to require Authority to acquire or purchase**

**land.—** (1) The owner of any land which is to be acquired for purposes of a
scheme may, at any time, after the sanction of the scheme by the Govern-

m tnt, by a written notice to the Authority in the prescribed manner, call
upon it to acquire or purchase the land in so far as the land is to be acquired

by the State Government or the Authority.

(2) If within six months of the service of the notice under sub­

section (1) the land is not purchased or acquisition proceedings are not
started, 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.

41. **Levy o f betterm ent fee.—** (1) Every property which has increas­

ed in value due to its inclusion within an area under a plan or a scheme or
due to the execution of such schemes shall be charged with a betterment fee;

Provided that no such fee shall be levied on such public land or build­

ing as are used for[-] charitable, religious and educational purposes or for
places of non-professional entertainment and recreation.

(2) The betterment fee shall be an amount equal to twenty per cent in

case of residential holdings so long the original owners use for their resi-
dances and equal to fifty per cent in case of non-residential areas and will

be realised in five equal instalments.

_Explanation.—_ The increase in value for the purpose of this Section shall

be the increase in the market prices in between the date on which a notifi­
cation under sub-section (1) of Section 15 has been issued and the date on
which the exeettion of the scheme has been substantially completed.

42. **Appeal.—** (1) Any person aggrieved by the decision of the Authority

with respect to matters of compensation and betterment 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 property togethet
with any building or other works that may exist thereon.

(3) /T h e authority shall thereupon acquiie the property.


-----

###### CHAPTER VITI

**Appeals and the Appellate Authority**

43. **Appointm ent o f Appellate Authority.—** (1) Save as otherwise

provided, the State Government shall appoint an Appellate Authority to
hear all appeals 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 Ap­

pellate Authority shall have the qualification of a District Judge.

The appointment shall be on such terms and conditions as the State

Government may decide.

44. Duties o f the Appellate Authority.— (1) The duties and powers

of the Appellate Authority shall be as follows:—

_(a) to hear and decide appeals against the orders of the Authority._

(/<) 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 Government in accordance with the provi­
sions of this Act.

(2) All appeals to the Appellate Authority shall be filed within a month

from the date of the order appealed against. The time required for taking

out copies of the order shall be excluded. The Appellate Authority may,

however, in its discretion condone such delay in filing appeal for

sufficient reasons.

45. **Procedure o f working of the Appellate Authority.— (1) The**

Appellate Authority shall conduct its proceedings in the prescribed manner
after giving the opposite party or any one interested in the order appealed
against an opportunity of being heard,

(2) The Appellate Authority may, at any time, call for any extract from

any proceeding of the State Government or Authority and call for

any return or statement or report concerning or connected 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 and of enforcing the attendance
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

i egarding the costs to be paid by any of the parties to the proceedings and

he Appellate Authority shall have full powers to determine 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 Authority shall be realised as
arrears of land revenue, ,


-----

46. R ight to appear by recognised agent.—Every party to any

proceeding before the Appel ate Authority shall be entitled to appear either
in person or by his recognised agent.

47. **Protection** of action taken under this Act.—(1) No suit,

prosecution or other legal proceedings shall lie against any person for any­
thing which is in good faith done or intended to be done in pursuance of
this Act or any order made thereunder.

(2) Save as otherwise expressly provided in this Act, no suit or other

legal proceeding sh dl 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 pursuance of this Act or any order made thereunder.

###### CHAPTER IX

Fansmce

48. Development Fund.—The receipt of Authority under this Act

shall form a separate development fund and all expenditure under this Act,
or any development scheme thereunder, shall be defrayed out of such fund.
No portion of the fund shal[1], except with the sanction of Government, he
expended for purposes not provided by this Act.

49. Pow ?rs to borrow .—Authority as defined in this Act shall be deem­

ed to be a iocal authority as denned in the Local Authorities Loans Act, 1914

(Central Act IX of ! 91 I) 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 authorised to carry out.

50. G rants, advances and Ioans. ■ The Government may make ”ich [1]

grants, advances, and loans to the Authority as the Government may deem
necessary for the performance of functions of the Authority under this Act
issued all grants.

###### CHAPTER X

Legal Proceeding*

51 Penalty for brea ch of” the provisions of the **Master Plan**

**or scheme.—-(1)** When a Mas'er Plan or a scheme has been sanction

ed under this Act any person who commits or knowingly permits a breach/;
of anv specified provisions of the Master Plan or of the scheme or who

neglect.'or fails to Comply with any such provisions shall be punishable
under (his section.

(2) Tn 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 provision of the Master Plan
or the scheme’’ within & time to be specified in the notice.


-----

(3) If after such time any such person under sub-section (1) conti­

nues to neglect or causes a breach ofany spec ified provision, such person
shall be prosecuted and on conviction by a Magistrate be punishable by
any or all of the following:—

(t) with fine which may extend to Rs. 500 with or without simple

imprisonment not exceeding a period oi 2 months ;

(u) if the breach, neglect or failure continues after such conviction

with fine which may extend to Rs. 30 for every day

durini which the breach, neglect or failure continues after such
conviction.

52. **Power to** **execute** **works on failure to** **com ply with**

**notice.—** If a notice has been given under this Act to a person requiring
him to execute a work in respect of any property, movable or immovable,
or to provide or do or refrain from doing anything within a time speci­
fied in the notice and if such person fails to comply with such notice, then the

authority may cause 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 the said person as an arrear of land revenue.

53. **Right o f occupier to execute works** in **default o f owner.—**

When default is made by the owner of a building or land in the execu­
tion of any work required under this Act to be executed by him, the

occupier oi 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 absence of any contract to the contrary, be paid to him by the owner,
or the amount may be deducted out of the rent from time to time be­
coming due from him to such owner.

54. **Procedure upon opposition io execution by occupier.—(1) If**

after receiving information of the intention ol the owner of any building
orland to take any action in respect thereof in compliance with a notice
issued under this Act, the occupier refuses to allow such owner to take
action, the owner, may apply to a District Magistrate or Subdivisional
Officer as the case may be.

(2) The District Magistrate or Subdivisional Officer upon proof of such

refusal may make an order in writing requiring the occupier to allow
the owner to execute all 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 order.

(3) If after the expiry of eight days from the date of the Magistrate’s

order, the occupier continues to refuse to allow the owner to execute such

work, the occupier shall be liable, upon conviction, to a fine which may

extend to Rs.30 for every day during which he has so continued to

refuse.
a

(4) Every owner, during inc continuance of such refusal shall be

discharged from any liability on account of such breach or default.


-----

or direction necessary to the execution of works authorised under ”
this Act, shall be punishable with fine which may extend to
Rs.500 or with or without simple imprisonment for a term


55. **Recovery o f** **cost o f** **work by the occupier.— When the j**

occupier of a building or land in compliance with a notice issued under '
this Act, executed a work for which the owner of such building or land is
responsible, 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 recover J
from the owner by deduction from the rent payable by him or otherwise
the reasonable cost of such work.

56. **Penalty for obstructing contractor or rem oving mark.**

If any person.—

(a) obstructs or assaults any person with whom the authority

has entered into a contract for the performance or execution by :

such person of his duty or of anything which lie is empowered j
or required to do under this A ct; or

(/>) removes any mark set up for the purpose of indicating any level

or direction necessary to the execution of works authorised under ”
this Act, shall be punishable with fine which may extend to
Rs.500 or with or without simple imprisonment for a term

which may extend to two months.

57. **Officers under** **the** **Act** **to be** **public** **servants.—*. vam s.—uvviy Every**

officer and servants of authority and every other officer errq ployed by the, ,

State Government for the purposes of this Act, shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal Gode

(Central Act No.15 of 1860).

58. **Authority for prosecution.—Unless otherwise expressly provided,**

no court shall take cognizance of any offence punishable under this

Act, except on the complaint of, or upon information received from, the
Authority or some person authorised by the Authority by orders in this ’I
behalf.

59. **Power of Authority to institute proceedings, etc., and to**

**take legal advice.—The Authority shall subject to rules framed under this**      -
Act have po .vers to— I

(«) institute, defend or withdraw from legal proceedings under this

Act ;

(i) compound any offence against this Act, before the matter is

referred to the court ;

(c) admit compromise, or withdraw any claim made under this A ct;

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
purposes, referred to in the foregoing clauses of this section for
securing the lawful exercise or discharge of any power or duty

vested in or imposed upon the Authority or any officer or servant

. of the Authority.


-----

60. **Bar to suits and prosecutions in certain cases.—** (I) No

suit, prosecution or other proceeding shall lie against an Authority or any
officer or servant thereof or any person acting under their direction or any
Government Officer or servant employed for the purposes 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 servant of the authority or any Government Officer or servant
employed for the purposes of this Act for anything done under this Act,—

(а) unless the previous sanction of the State Government has been

obtained; and

(б) until the expiration 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.

61. **Punishm ent for m alicious abuse o f pow ers.—Any** officer or

servant of the Authority or of the Government who wilfully or negligently
abuses any power conferred on him by or under this Act, shall be punish-
able with imprisonment which may extend to six months or with fine
which may extend to Rs.500 or with both:

Provided that no prosecution shall be instituted under this section-

(a) unless the previous sanction of the State Government has been

obtained ;

(Z>) until the expiry of two months’ notice in writing has been given to

the person concerned clearly stating the cause of action and the
nature of relief sought, etc.

62. **R egistration o f docum ents, plans or m aps in connection w ith**

**scheme.—** (1) Nothing in the Indian Registration Act, 1908 (Central Act
No. XVI of 1908) shall be deemed to require the registration of any docu­
ment, plan or map prepared, made or sanctioned in connection with a
scheme which has come into force.

(2) All 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 A ct:

Provided that documents, plans and maps relating to the scheme shall

be accessible to the public, free of charge in the manner prescribed.

63. **Orders** **under** **the** **Act not to be questioned** **in** **any**

**Court.—** No order made in exercise of any power conferred by or under thi s
Act shall be called in question in any court except as provided in this Act.

64. **Effect o f orders** **inconsistent with other enactm ents.—**

Any order made under this Act shall have effect notwithstanding anything
inconsistent therewith contained in any enactment other than this Act or
any instrument having effect by virtue of any enactment other than this
Act.


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###### CHAPTER XI

**M iscellaneous Pi-ovisions**

05. **Service o f notice.—-Every notice issued under this Act shall** **1**

be served as prescribed by rules.

66. **Method of giving public notice.—Subject to the provision* J**

of this Act, every' public notice required under this Act shall be deemed to |
have been given if it is published in some local newspaper (if any) or a'3|
paper of general circulation in the area and posted upon a notice board®
**to** be exhibited for public information at the building in which the meetings I

of the Local Authority are ordinarily held or by publishing it in official 3
Gazette.

67. **Form al defects in assessm ents and dem ands. —No** assessment **J**

list or other list, notice or other such document specifying, or purport- ”,-a

ing to specify with reference to any charge, or fee, any person’s property, 9
thing or circumstances shall be invalid only by reason of a clerical or techni- q
cal mistake in the name, residence, place of business or occupation of the -1

person or in the description of property, thing or circumstances and it shall ya
be sufficient if the person, property, thing or circumstances is described |

sufficiently for the purpose of identification, and it shall not be necessary **1**

to name the owner or occupier of any property liable in respect of the ‘4

charge.

68. **Power and duties o f** **police in respect o f offences and** **|**

**assistance** **to** **Authorities.—Every** police officer, mauzadar -I

or officer of the Local Authority shall give immediate information to the ?|

Authority of an offence coming to his knowledge which has been committed 1

under this Act, or against any rule, made under this Act and shall ®

be bound to assist all members, officers and servants of the Authority in the d j
exercise of their lawful authority.

69. **Decision o f** **disputes** **between** **Authorities.—Should a** |

dispute arise between the Authority and any other Local Authority on

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

70. **Pow ers to enter into land for** **inspection, etc.—For** **the**

purpose of making or execution of any scheme, the Authority or persons y

appointed by the State Government, their subordinates and contractors ,

may enter into or upon any land, in order—

                                                              -                                                              - .                                                              - ffw fl

(«) to make any inspection, survey, measure valuation or enquiry ; |

(i>) to take levels ;

                                                                -

(c) to dig or bore into the sub-soil ;

_(d) to set out boundaries and intended lines of work j_

(e) to mark levels, boundaries and lines by marks and cutting

trenches ; or


-----

( / ) todo any other thing, whenever it is necessary to do so, for any

of the purposes of this Act or any rule made or scheme sanctioned
hereunder or any scheme which the authority intends to

frame hereunder:

Provided as follows
(a) except when it is otherwise specially provided by a rule no such

entry shall be made between sunset and sunrise ;

(6) except when it is otherwise specially provided by the rules, no

building' which is used as a human dwelling shall be so entered
unless with the consent of the occupier thereof, without giving,
the said occupier at least 24 hours previous notice in writing of
the intention to make such entry;

(c) due regard shall always be had, so far as may be compatible

with the exigencies of the purpose for which the entry is made,

to the social and religious usages of the occupants of the

premises entered.

7I. **Mode o f proof o f the records o f the Authority.—A copy**

Rof receipt, application, plan, notice, order, entry in a register, or other
^document in the possession of the Authority shall, if duly certified by the

lawful keeper thereof or other person authorised by the Authority in this
behalf be received as _prima facie evidence of the entry or document_

and shall be admitted as evidence of the matters and transactions therein
recorded in every case where, and to the same extent as, the original entry
or document would, if produced, have been admissible to prove such matt­
ers.

72. **Power of** **Authority to m ake agreem ents.—The Authority**

shall be competent to make any agreement with any person in respect of any

i matter, which is to be provided for in a scheme and, unless it is

otherwise expressly provided therein, such agreement shall take effect
on and after the day on which the scheme comes into force.

**|** **73.** **Powers** **o f** **the** **State** **Government to make rules.—**

(i) The State Government shall have power to make specific rules in
respect of the following matters.

(2) In particular and without prejudice to the generality of the

foregoing powers, the State Government in consultation with the Council

p shall have power to make rules in respect of the following matters:-

(i) The manner of publication of the notification regarding scheme,

their modifications, variations, revocations, submission and

sanction by the State Government.

(ft[-]) Powers that may be delegated to any Authority established under

this Act or to any officer.

(wi) Procedure to be adopted for securing co-operation of various

Government Departments, the owners or other persons or bodies
interested in schemes.


-----

of the matters;


_(ill)_ All matters pertaining to land acquisition including procedur

and m iking of awards, compensation and. the possession c

land by Authority in ordinary and emergent cases.

_(v) Calculation, assessment and payment of compensation in respec|_

of property which is injuriously affected within the meaning assist

gned to it in section _37 of this Act._                - 4

(;«) Calculation, assessment and collection of betterment contribihj

tion.

(t'«) Procedure of filing, hearing and deciding objections and

appeals under the /Act and all matters connected therewith. |

(wzi) I’he delegation of powers to and the duties that shall be discharg­

ed by the Director and the matters on which and the manner
in which he shall be consulted.

(«) Matters other than those referred to in foregoing clauses whichf

are express! v or by implication requires or allowed by this Acts
to be prescribed by rules. '

_(x) Creation and administration of fund for the purpose of imple-l_

meriting the provisions of this Act.

74. Power of the .Authority to m ake **bye-laws.—(1) The Autho-**

rity shall have power to make bye-laws in respect of the matters;

enumerated under this section and not inconsistent with the rules

made by the State Government—

(?) land sub-division and lay out of public street,

(w) width for different classes of public streets according to the

nature of traffic to be carried thereon,

_(Hi) street lanes and setting back of buildings from the regular line_

o! the street,

_(iv) zoning regulations prescribing the type or description of building_

which may or may not be, and the purpose for which a building
may or may not be created, in ;ny prescribed area or areas,

_(v) regulation and display of advertisement in the interest of amenity,_

aesthetic, er public safety,

_(vi) regulations in any manner not specifically provided for in this_

Act, the erection of any enclosure, wall, fence, tent or other

structure on any land within the limits of the authority. ‘

(2) The power to make bye-law under this Act shall be subject to the

condition of previous publication.

(3) No such bye law shill come into force until it is approved by the

State Government.

(4) The State Government may cancel their confirmation of any such

bye-law and thereupon the bye-law shall cease to have effect.

B. C. BARIJA,

Secy, to the Govt, of Assam, Law Depth


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