The Assam Development Authorities Act, 1964

The 31st D ecem ber 1964 No.LJL .22/64/6.—Th e following Act of the Assam Legis lative Assembly which received the assent of the Governor, is hereby publ ished for gen era l inform atio n— (R ec eive d the ss en t o f th e Go vernor on the 29th Dec em be r, 1964) ASSAM ACT No. XX XI OF 1964 TH E ASSAM DE VE LO PM EN T AUTHORIT IE S ACT, 1964 [Published in the Assam Gazette, Extraord ina ry, dated the 31st Decem ber , 1964] An Ac t to provide fo r the const itution o f authorit ies fo r the development o f the local areas o f the Stat e o f Assam Preamble . Whereas it is expedient to provide for the con sti tu­ tion of authorit ies for the deve lopment of the local area s of the Sta te of Assam on sound principles of planning with the objec t of securing welfare of the pe op le ; It is here by enac ted in the Fifteenth Year of the Repub lic of Ind ia as follows :•— CHA PTER I PRELIMINARY Short title, i. (l) This Act may be called the Assam Develop- extent ar.d m e n t Autho ritie s Act, 1964. comm ence- 7 ment. * 2 (2) It extends to the whole cf the Sta te of Assam. (3) It shall come into force on such date as the Sta te Governm ent may, by notificat ion in the official Gazett e, appoint . Definitions* 2, In this Act, unless there is anything repugnan t in the subject o r co nt ex t:— (a) “A uth ority ” means the Local Area Deve­ lopmen t Author ity cons tituted und er Section 3 ; (Z>) “ Advisory Cou nci l” means the Local Area Advisory Counc il constitu ted under Section 9 ; (c) “ Local Ar ea” means such area within a dist rict of Assam as the Sta te Government may, by notifica tion in the official Gazette, dec lare ; (</) “ State Government” means the Govern­ men t of Assam ; («) “Prescribed” means prescribed by rules made under this Act. CHAPTER II CONST IT UTI ON OF TH E DE VE LO PM EN T AU TH OR IT Y Estab lish- 3 . (j) The Sta te Governm ent may, by notification ACth °r'tvflC in the official Gazette , establ ish for the p u rp se of y< this Act, an Authority to be called “ The ............... Local Area Dev elopme nt Au tho rity ” here inaf ter y refe rred to as the Autho rity with jur isd iction over such local are a as m ay be specified in t he notifica tion. (2) The Authority shall be a body corporate having perpe tua l succession and a comm on seal with power to acq uire, hold and dispose of prop ertie s both mo vab le and imm ovab le and to enter into any agree­ ment and shall by the said nam e sue and be sued. Composi- 4. The Authori ty shall be constitu ted under Chair- tio n of the mansh ip of Deputy Commissioner of th e dis 'ric t and A ut ho ri ty . s u c j1 n t l m ije r of officials a nd non-officia l members as may be prescribed. Term ot 5. (i) A m emb er shall hold office for such period ff ic c‘ as ma y be prescr ibed in this behalf and shall, on expiry of the term of his office, be eligible for re­ app oin tment . (2) A m ember may resign his office by writ ing under his han d addressed to the Sta te Government, an d on the resig nation being accepted by the Sta te Government , he shall cease to be a member of the Auth ority . » 3 •* Meetings cf g. The Auth ority shall mee t at such times and tv C A u th o r i ' places and shall observe such rules of procedure in regard to the transa ction o f business at its meet ing as may be prov ided by regulatio ns made unde r this Act. Vacancy in 7. No act o r proceedings of the Au tho iity shall be tv' etc ^not deemed to be inva lid by reason only of the existence to’inval idat e ° f a n Y vac ancy in the Autho rity or any defect in acts or pro- the appointme nt of a mem ber thereof. ceedings. App oint - 8. Sub ject to the provisions of this Act and the ment of rules mad e the reu nder, the State Government may, Agencies. fr o m time to tim e appoint one or mo re Agencies for the purp ose of securing the efficient discharg e of the funct ions of an Autho rity , and in par ticula r for the purpose of securing th at those funct ions are exercised with due reg ard to the circumstances and requirements of parti cu lar local area lor which the Autho rity is establ ished. CH AP TE R II I CO NST IT UTI ON OF T HE ADVIS OR Y CO UN CIL X tio nV /th e 9* U) The Sta te Gover nmert may, by notification A Ivisory *n Official Gazet te, constitu te an Advisory GcunciLf Council to be called “ Th e. ... ..L oc al Area Advisory Cou nci l” hereinafte r referred to as Advisory Council with jur isd iction over such local area with respect to which an Authority under Sect ion 3 has been establ ished. (2) Th e Advisory’ Council shall consist o f such num ber of official and non-officia l members as may be presc ribed incl udin g the Chairma n of th e Authority who shall also be the Chairma n of the Advisory Council . Term of 10 . (1) A mem ber shall hold office for such Office. per iod as may be prescribed in this behalf an d shall, on expiry of the term of his office, be eligib le for re-appo intm ent . (2) A mem ber may resign his office by writ ing under his hand addressed to the State Governme nt and on the resig nation being accepted by the Sta te Government, he shall cease to be a member of the Advisory Counc il. Meeting of 11. The Advisory Council shall meet at such the Advisory times and places and shall observe such rules of ounci. pro cedure in regard to the tran saction o f business at its mee ting as may be d etermined by it from t ime to time. 4 tt Ya ^ Cy m ’2’ No act or proceedings of t he Advisory Council C ounciV'etc be deemed to be inva lid by reason only o f the no t to in va-’ existence of anyta cancy in the Advisory Co un ci lo r lidate acts any defect in the appointme nt of a member thereof, or proceed. ings. CHAPTER IV POWE RS AND Ft NO TIO NS OF T HE AU TH ORI TY Functions of I s - The functions of the Authority shall be any or the Autho- a ll ot the following :— tfty. (a ) to promote and opera te schemes for ex­ pansion cl educa tion ; (b) to prom ote and o per ate schemes for facili ty of trave l and transporta tion of goods ; (c) to pro mote and ope rate schemes for harnes­ sing na tur al resources and forest wea lth ; (d) to promote and ope rate schemes for ex­ pans ion of agr icu ltur e through modern Improved tech nique ; (e) to pro mo te and opera te schemes for ex­ pans ion of ve terinary an d conserv ation of soil ; (f) to promote and ope rate schemes for the setting up of industries an d generat ion of power ; and (g) to promote and operate schemes for such oth er ma tte is as may be prescribed. General po- 14. Th e Auth ority empowered to perform functions wers of the under this A ct or the rules made the reu nder may, - Author ity from time to time, prepare such pla ns and schemes and und erta ke such prel iminary investigation or e the r measures or do such other things as it may deem necessary not incons istent with its lunctions lor the purpose of developing the area within its ju risd ictio n. CHAPTER V FUNCTIONS OF THE ADVISORY COUNCIL Funct ions of 15. The funct ions of the Advisory Council shall the Advi- b e .__ sory Council, (a) to advise the Author ity on matter s referred to it for successful imp lem entatio n of the plans and schemes of the Autho rity j (b) to secure the efficient discharge of the functions of the Author ity ; (c) to do such other things as may be pres­ cribed. 5 CHAPTER VI FIN AN CE , AC CO UN TS AND AU 91T OF THE AUTH ORI TY Development r e c e ’Pt s °f the Au tho rity un de r this Act Fund. shall form a sep ara te developmen t fund and any expenditu re incurred by the Author ity for car rying out the functions o f t he Autho rity under this Act or the rules made the reu nder shall be defr ayed out of such fund which shall be non -lapsable. No port ion of the fund shall, except wi th the prev ious sanctio n of the State Government , be expended for purposes other tha n for carry ing out the functions of the Author ity under this Act or rules made there under. Gra nts, Ad- 17. The Sta te Governm ent may make such gran ts, vanccs end advances and loans to the Author ity as it may deem Loans. necessary for the purpose of car rying out the functions of the Authority under this Act or any rule made there­ under. P c w t r to 18. For the purposes of bo rrow ing money t he A utho- borrow. rity under this Act shal l be deemed to be a local Authority as denned in the local Authori ties Loans Act, 1914 and any work executed by the Auth ority for exercising the funct ions unde r this Act or the rules fram ed thereunder shall be deemed to be a work which such local Autho rity is c omp eten t to carry out under th at Act . Budget. 19. The Autho rity shal l prepare, in such form and at such time each year as may be prescribed, a Budge t in respect of the f inancial year nex t ensuing showing the estimated receip ts and exp end iture and copy the re­ of shall be forwarde d *o the Sta te Governm ent, Ce n t r a l Act X l o f 1914. A n n u a l 20. The Authori ty shall prepare, in such form and r e p o r t , a t such time each year as may be prescribed, an annual rep or t giving a tru e and full account of its act i­ vities du rin g the previous year and copy the reo f shall be forw arde d to th e Sta te Governm ent. Accou n ts 21. (1) Th e Authority shall cause to be m ain tained and Au dit , such books of account and other books in relatio n to its accounts in such form and in such ma nner as may be prescribed. (2) Th e accounts of the Authority shall be aud ited at such time and in such manne r as may be prescribed, CH AP TE R VH MISCELLANEOUS Mem b e r s 22. All mem bers and officers o f the Au tho rity shal l, and Officers when act ing or purpo rtin g to act in pursuan ce of any Au tho rity6 t l̂ e P r o v »s i° n s ° f this Act and the rules made to be pub- the reu nder shall be deem ed to be publ ic servan ts i N®3 Q c t lie servants, within the mea ning of Section 21 of th e Ind ian Penal i860. Code , I860. Protec tion of 23. No suit, prosecut ion or other legal proceedings act ion taken shall l ie aga ins t any person in respect of anything in good faith. w hich is in good fai th done or intend ed to be done in pur suance of this Act or the rules made ther eun der . Dissolution of the Au­ thority and transfer o f assets and liabili ties. 24. (1) When the Sta te Governme nt is of opinion that an Au tho rity is not com petent to perform, or persi stent ly makes defau lt in the performance of its funct ions imposed on it by or unde r this Act, or exceeds or abuses its powers, the Sta te Govern­ ment may, by notification in the Official Gaz ette , declare that the Authori ty shal l be dissolved from such date as may be specified in this behalf in the noti fica tion ; an d the Authority shall be deemed to have been dissolved acco rding ly. (2) On the dissolution of the Authority by a notif icat ion under sub-section (1 ), — (a) all propert ies, funds and dues which are vested in, or reali sable by, the Au tho rity shall vest in and be real isab le by the Sta te Governmen t ; and (Z>) all liab ilities which are enforceable again st the Author ity shall be enforceable only aga inst the Sta te Government . A I Power to 25 . (1) Th e State Governmen t may , by notification make rules. jn the Official Gazet te, and sub ject to the cond ition of previous pub lica tion , make rules for car rying out the purposes of this Act. (2) In pa rticular and withou t pre judice to the gene rality of foregoing powers such rules may prov ide for all or any of the following matters, na m el y:— (a) the num ber of official and non-official members for the composition of the Auth ority ; {b) the term o f membersh ip of the Auth ority j <7 7 (c) the numb er of official and non-officia l members of the Advisory Council ; W) the term of the m embership o f the Advisory Council ; (e) the funct ions of the Authorit y 5 ( f ) the func tions of th e Advisory Council ; (g) the form in which, and the tim e with in which, the budget and annual rep or t of the Authority may be pre par ed and for­ warded to the Sta te Go vernme nt; (A) the form and manner in which the accounts of the Authority may be maintain ed, and the time at which and the ma nner in which , such acco unts m ay be audit ed ; (j) any other ma tte r which has to be, or may be, prescr ibed (3) Every rule under this section sha ll b e laid as soon as may be afte r it is m ade, before the Assam Legisla tive Assembly while it is in Session for a tota l per iod of fourteen days which may be comprised in one Session or in two successive Sessions, and, if before the exp iry of the Session in which it is so laid or the Session im med iate ly following, the Assam Legislative Assembly agree in making any modification in the ru le or the Assam Legis lative Assembly agree th at the rule should no t be made, the rule shall the rea fte r have x effect, only in such modified form or be of no effect, as the case may be ; so, however, that any such modifi­ cat ion or annulm ent shall be withou t pre jud ice to the validity of anything previously done u nder that rule. 26. The Authori ty may , with the previous approva l ma ke reg ula - of the Sta te Governm ent, by not ifica tion in the tion j. Official Gazet te, mak e regula tion s, not inconsistent with this Act or the rules made the reu nder. P. C. DAS, ft. Secy to the Govt, of Assam, Law Deptt