The Assam Town and Country Planning (Amendment) Act,1962
##### 'ASSAM ACT ’N6"?§X§%IT 661952;!

:- THE ASSAM [TOWN][ AND] COUNiR’Y PLANNING (AMENDMENT);
###### ACT [1962]

19
###### (As passed [by][ the][ Assembly}]

 (Received [the][ assent][ of][ the][ Pnesielent][ on»] [thezgnd][ Névember][ L962?)]

,7

###### EPublished1n the Assam Gazette, Extraordinary,962] gated- the 26111 NGV‘SmbcE , 7.' i‘

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###### An
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###### "° amend [the][ Assam][ Townand] GounmyvmaunmE'5"‘.Zg 119111195197 . . 1

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###### It'1shereby enactedm the «.Thn‘teenth Yea:r_of the}' Republic [of][ India][ as][ follows][ :-—-]

Short mlc’ 1. (I) This [Act] may [be] eai'l'ed the Assam Town

‘ extent [and][ a]11d floumryePlanning (Amendment) Act, [1962.,] V._-,
cammeirce-

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### (2) [It] shah 151an [the][ filike][ extem][ as][ the][ prmmpal]L1H "


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Insertion of 2. After Chapter [II] of the principal Act, the
###### Chain"A In [lI'] following shall [be][ inserted][ as][ Ch] mter lI-A, [namely][ :—~] Assan}° ' ‘ ‘ 3301.1 “CHAPTER II-A

 Constitution [of][ the] Development Authority

Constitution 8A. ( 1) The State [Government] may, by [notification]
0f the in the Official Gazette, [constitute][ for] the purposes of
Authority. this Act, an Authority to be called “The ..................
###### Development [Authority”] (hereinafter referred to as
the Authority) [with] in [isdiction][ over][ such][ area][ as] may
be specified [in][ the][ said] notification.

### f‘ perputual(2) [The] [succession]Authority[ shall]and[ be]a commona body corporate seal with havingpower

0, to acquire, hold [and] dispose [of] properties both move-

r. able and immoveable [and] to enter into any agree-
###### ment, [and][ shall] by [the][ said][ name][ sue][ and][ be][ sued.]

8B, (1) The Authority [shall][ consist] of the following
###### members, namely [:—]

Composition (a) [A][ Chairman][ to][ be][ appointed][ by] the State
###### 0ft!” Government :’
Authority.

###### (b) Engineer-in-chief [of][ the] Authority to be appointed by [the][ State][ Government][ ;]

 to) [Town] Planning[ Officer][ of][ the][ Authority] to
be appointed by the State Government ;

###### ((1) [Finance][ Omcer][ to] be appointed by the
State Government ;

###### (e) Deputy Commissioner or Subdivisional Officer, [as][ the][ case] may [be] ;

 (d) [Chairman][ or][ Chairmen][ of][ the][ local][ antho-] rity or authorities covered by the Master
 m
.5» plan ;

###### (g) One member representing Commerce and

9 Industry [(Private] Sector) [to] be nominated
###### by [the][ State][ Governmert] ; (h) [One][ member] representing [the] Railways, [to]
be nominated by the State Government ;
###### (i; [One] member representing‘lndustry (Public Sector) to be nominated by the State
Government ;
###### (j) [One][ person] each from the local authorities
covered bv the Waste" plan to be elected by
the members at a meeting from amongst
###### them.


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Notification The name of the members elected and appoint-
ofmcmbers.
ed 5hall be published in the Official Gazette.

###### Pisqualificai (3) [A] person [shall][ be] disqualified for appomtment,
election”0“ . f°ror nomination or election as a member, if he,—
appoint-
ment as
member.
                  - (a) [has][ been][ CODVICtCCl]. of any offence mvolvmg. .
moral turpitude ;

###### (b) ' rupt[is][ an] orapplicant insolvent[to] orbe is adjudicated an uncertificated as a bank-bank-s
 rupt [or] undischarged [insolvent] ; u

## if

###### (c) [holds] any [office][ of] profit [under][ the] Authority except [those] mentioned in clauses (a), (b), (c) [and] (d) [of][ sub—section] (1) [;]
 ‘31};
 (d) has, [directly][ or] indirectly, by himself or by
any partner, any share or interest, in any
centract or employment with, by, or on
###### behalf of, th 5 Authority; or

 (e) is a Director, or a Secretary, Manager or other salaried officer of any incorporated
company [which][ has] any [share] or interest in
any contract or employment, with, by, C1‘ on
###### behalf of the Authority.

. Removem mc hm, [1]. of (4) [The][ State] Governmentmay rt move from the
###### Authority any [member] including [the][ Chairman] who,—

 (a) [refuses][ to][ act][ or][ becomes] incapable [of] acting
or absents himself from three consecutive
###### meetings [of][ the] Authority and is unable to explain such absence to the satisfaction of
the Authority ;

###### (b) [has][ so] flagrantly [abused][ in] any manner his position [as][ a][ member][ of][ the] Authority as to
render his continuance detrimental to the
###### public [interest:] Provided that when the State Government pro-
poses [to][ take] any action under any [of][ the]
above provisions, an opportunity shall be
###### given to the member concerned to show
cause why action as preposed should not be
taken against him ;
###### (c) ceases to be a member of the local Authority
from which he was elected ;

###### (5) A member removed under clauses (a) and (b) [of][ sub-section] (4) shall not bé eligible [for] re- appointment [or] rev-election, [as][ the][ case] may [be.]


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### gm! 0; _80. (l) [The][ term][ of][ office] and conditions of set-
###### gon‘aitimin VICC of the Chairman and members of the Authority
of service of [shall][ be][ such][ as] may [be] prescribed [and] they shall be
the Chair- entitled to receive such salaries and allowances as
memberman andof may be fixed by the State Government.
the Autho-
###### rity.

 (2) [The][ Chairman][ or] any [member] may Pesign his membership of the Authority by giving notice in writing [to][ the][ State][ Government][ and] on the resigna- tion being accepted by the State Government, he shall cease to be a member of the Authority.

. (3) Any vacancy [created] by resignation [or] removal
###### shall be filled by fresh appointment or nomination by [the][ State] Government, [or] by election, as the case
may [be.]

Functions 8D. Subject to the provisions of this Act, rules
#### :ilihgmifif [and][ directions][ of][ the][ State][ Government,][ the] functions

thority. of the Authority shall be to promote [and] secure the
###### development [of][ the][ area] accozding [to][ the] Master plan and [for][ that] purpose [it] may carry [out][ or] cause to be carried out surveys of the area and to prepare report
or reports of such surveys, and to perform any other
###### function which is supplemental, incidental or conse- quential [to] any [of][ the][ functions] aforesaid or which may [be] prescribed.

Meeting of 3E. (1) Each Authority shall meet once in a month
###### the AuthO- at such time and place and shall subject to the provi-
"W' sions of sub-section (2) and (3) observe such procedure
###### in regard to the transaction of business at its meeting,
as may be prescribed by bye-laws to be framed under
section 74 of this Act.

###### (2) [The] Chairman, [or][ in][ his][ absence] any member
chosen by the members from amongst themselves, shall
###### preside [at][ a] particular meeting [of][ the] Authority.

 (3) [All] questions of the meeting of the Authority

##### “A shall be decided by a mojority of the votes of the

members present and voting and in the case of an
###### equality [of] votes, [the] person presiding shall have a
second or casting vote.

‘ (4) Nothing [done] by [the] Authority [in][ its] meeting
###### shall be held to be invalid because of any vacancy in, the seats- of the appointed, nominated or elected members [or][ «the] absence of any of the members for any [reason][ whatsoever.]


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###### (5) [Minutes] shall be kept of the names of the
members present and of the proceedings at each
###### meeting [in][ a][ book][ to] be kept for this purpose, [which]
shall be signed at the next ensuing meeting by [the]
person presiding [at] such meeting, and shall be open
to inspection by any member during office hours.

Temporary 8F. (1) The Authority may associate with itself
association in such manner and for such purposes as may [be]
###### :fhhpersiilrll: [prescribed][ by][ rules] any person whose assistance or Authority [advice][ it][ may][ desire][ in][ performing] any of its func-
for particu- tions under this Act.
lar purpo-
scs' (2) Any person associated with it by the Authority
under sub-section (1) for any purpose shall have
a right to take part in the discussions of the Authority
###### relevant to that purpose but shall not have a right to
vote at a meeting and shall not be a member for any
###### other purpose.

 Staffofthe 8G. (1) Subject to such control and restrictions as Authmty' may be prescribed by rules, the Authority may appoint such number of officers and employees
asmay be necessary for the efficient performance of
its functions and may determine their designations
###### and grades. s

 (2) The officers and employees [of] the Authority shall be entitled to receive such salaries and allowan-
ces, [if] any, [as] may [be][ fixed] by [the] Authority [and] shall
be governed by such terms and conditions of service
as may be determined by rules and regulations made
###### in this behalf.”

Amendment 3. In section 10 of the Principal Act--
of Section
10 of Assam
Act II of .
1960. (1) [in][ sub-section][ (1),][ between] the words “the”
and “Regulation” [the] word “Zoning” shall be inser‘
###### ted;

 (2) [in][ subsection] (2), [the] full-stop [at][ the][ end][ shall] l
be deleted and the [Words][ and] the full-stop “and adopt
###### the same.” shall be added.

*0»

###### Substitution 4. For section [12][ of][ the] principal Act, [the] following
°f seam"
12 of Assam shallbe substituted, namely :—
Act II of
1690.

. °
###### “Implemeni- at th 2. After adoption [of][ t]h e Plan a 11d Zoning *Regu1 [a]_
 {323? etion they [shall][ be][ sent] by [the][ State] Government for implementation [to] the [Authority] constituted under section [8] 3!


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###### 131

Amendment 5. In section 14 of the principal Act, between the
ofH orAsfiainSection words “the”. and “Regulation” the word “Zoning”
be Inserted.
Act II of shalt

l960.

Substitu- 6. For section 15 of the principal Act, the following
tion of Sec- shall be substituted, namely ;-—;
tion 15 of
Assam Act
###### II of 1960.

“Prepara_ 15. (1) After the commencement of this Act, the
tion of dcve- Authority may, by notification in the Official Gazette,
10 P m e n t declare any area to be a scheme area and shall there-
Scheme.

###### ,tu after prepare a scheme. Where no Authority has
##### t been constituted, the State Government may, by

###### notification in the Official Gazette, declare any area
to be a Scheme area and the Director shall thereafter

###### ‘M/ prepare [a][ scheme.]
 (2) Notwithstanding anything contained in sub-
section (l), the State Government may, after making
such enquiry as they may deem necessary by notifica-
tion in the Official Gazette, direct any local authority
to prepare, publish and submit for their sanction
before an appointed date a scheme under this section
###### for an area specified in such notification. (3) While preparing the scheme, the Authority, the Director or the local authority, as the case may be, shall issue a notice inviting the names ol all the claimants of any interest on any land or building within the area under the scheme to be submitted Withina period not more than one month.

 (4) [Save][ as] provided in this Act, the Authority, Director or local authority shall not undertake or carry [out] any development [of][ land][ in] any [area][ which]
is not a scheme area.

###### (5) After the commencement of this Act, no development of land shall be undertaken or carried
out in the scheme area by any person [or] body of
persons except [in][ the] manner prescribed under section
13 of this Act.”

7. For section 16 of the principal Act, the follow-
##### 3308:3233 [ing][ shall][ be][ substituted,] namely:—
16 of Assam
Act II Of
16. (1) Tne Authority. the Director Of the 10“]
##### 1999mm“.

“on of the [authority,][ as][ the] case may be, shall have the scheme
Dev C10 p. [and][ the] report and the names of all the claimants
ment Sche- published in the manner prescribed under sub-Section
me- (1) [of][ section][ 10] and have a copy of them served on
###### all persons [who] preferred [claims][ under] sub-section (3) of section 15, inviting objection to be filed within a period [not] more than two months.


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###### 132

 (2) [After] the expiry of the aforesaid period, the Authority, the Director or the local authority, as the
case may be, shall examine the scheme in the light of
such objection, giving sufficient opportunity for hear-
###### ing to all such interested persons who have filed objections [and] demanded a hearing in the manner prescribed, and shall approve or refuse to approve
or approve with such modifications as it may deem
neccessary, for the implementation of the scheme and
###### for imposing for that purpose reasonable restrictions in
the use ol‘land and building within the area.

###### (3) [After] the Authority, the Director or the local authority, [as][ the][ case] may be, [has] adopted the schemes
its shall be forwarded to the State Government for it,
###### approval and sanction, if so required under any rule (”‘3‘ prescribed, [otherwise][ the][ scheme][ will] come into force
from the date the scheme is adopted.” ,

Amendmentof Section I 7 8. In section 17 of the principal Act,—
of Assam Act
###### II of 1960,
 (1) [the][ subsection] (1) [shall][ be][ deleted] and sub-sec- tion (2) shall he renumbered as section 17 ;

 (2) [In][ section] 17 so re-numbered, for the words “No person shall within the area in which the Govern»
ment has sanctioned the Development Scheme” the
words “No person shall [within] any area where a
scheme has come into force” shall be substituted.

Amendmentof Section 34 9. In section‘ . 34 of the pnnmpal.. . Act, the words “and V

of Assam Actwith [the] previous [sanction][ of] the, State Government’”
###### II of 1960. occuring [between][ the][ words][ “Act”][ and] “the” shall be
deleted.

#### éfiffi’fig‘fi 10. After section 59 of the principal Act, the follow-
in Assam Act ing shall be inserted [as] section 59A, namely :——-
###### II of 1960.

‘
###### ;§:§‘3’§§dute‘; 59A. Any sum recoverable by the Authority under

an an arreat this Act, if not paid on demand, shall be recoverable
Onand reve‘ as an arrear of land revenue.”
nue.
##### fiflgfiffifinig ll. In section 73 of the principal Act,—
of Assam Act
###### II of 1960.

 (l) [for] sub-section (1), the following shall be substituted, namely:-

 “(1) [The][ State] Government may, after previous publication [in] the official Gazette, make rules for‘ carrying [out][ the] purposes [of][ this] Act.”;


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###### .(2) [in][ subsection][ (2),][ the][ words][ “in][ consultation]
With the Council” occuring [between][ the][ words][ “State]
###### Government” [and] “shall”, [shall][ be][ deleted.]

 (3‘) [after] sub-section (2), the following shall be inserted as sub-section (3), namely [:—]

 “(3) [All][ rules][ made][ under][ this][ section][ shall] be laid for not less than fourteen days before the Assam Legislative Assembly as soon as possible, after they

are made and shall be subject to such modification

as the Legislative Assembly may make during the

session in which they are so laid[ or][ the][ session][ imme-]
###### diately following.”

ofofAmendmentII Section Auam of 1960. Act 74 tion]as' ‘ c12. ause(1) In after section (v11),[clause] namely[74] of(v1): the- .—- principalthe followmg. Act, shall bein insertedsub¢sec~..

###### “(vii) [time] and place and transaction of business of the meetings of the Authority.”

Validation. 13. Notwithstanding anything [contained][ in][ the] prin-

###### cipal Act and any [rule][ made][ thereunder,][ any][ action]
taken by any Authority [constituted][ before][ the] coming
###### into force of this Act shall be deemed to have been validity [taken][ as][ if][ the][ Authority][ was][ duly][ constituted] under the principal Act, [as][ amended] by [this] Act, and

no action of [such] Authority [shall][ be][ called][ in] question
###### in any Court on [the] ground of incompetency of the Authority to act under the principal [Act][ as][ amended]
 by [this][ Act.]

“vwflfl-7 w—mV


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