The Assam Town and Country Planning (Amendment) Act,1985

Registered NFo. A-12 <Wi The Assam Gazette w n « m EXTRAORDINARY PUBLISHED BY AUTHORITY 54 3 ct, 1985, 13 1907 («r )̂ No. 54 Dispur, Friday, 3rd May, 1985, 13th Vaisakha, 1907 (S. E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH NOTIFICATIONS ■t The 3rd May 1985 No.LGL.56/84/104.—The following Act of the Assam Legislative Assembly which received the assent of the President is hereby published for general information. 286 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 3, 1985 ASSAM ACT No. VIII OF 1985 (Received the assent of the President on 1st May, 1985) THE ASSAM TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 1985 An Act further to amend the Assam Town and Country Planning Act, 1959. Preamble, Whereas it is expedient further to amend the Assam As«am Act Town and Country Planning Act, 1959 hereinafter called 11 of 1960 the principal Act, in the manner hereinafter appearing; It is hereby enacted in the Thirty-sixth Year of the Republic of India, as follows :— 1- (1) This Act may be called the Assam Town and commence- Country Planning (Amendment) Act, 1985. ment. z (2) It shall have the like extent as the principal Act. (3) It shall be deemed to have come into force on the 19th day of January, 1985. Amendment of Section 2 of Assam Act II of 1960. 2. In the principal Act, in Section 2 — (a) in sub-section (1), the full stop (.) at the end 6f the first sentence shall be deleted and thereafter, the following shall be added, nam ely:— "or the Development Authority constituted under Section 8 of this Act.” (b) after sub-section (16), the following new sub­ sections shall be added, nam ely:— '(17) "Administrator’ means an officer appointed by the State Government as such under proviso to <> • sub-section (1) of Section 8A of this Act to per­ form the functions and exercise the powers of the Development Authority as provided under Sec­ tion 8A of this Act. (18) 'Estate. Officer’ means a person appointed by the State Government as such to perform the func­ tions of the Estate Officer. (19) T.ansferee” means a person including a firm or other body of individuals, whether incorporated or not to whom a site or building is transferred in any manner whatsoever and includes his successors and assigns.” . ... THE ASSAM GAZETTE, EXTRAORDINARY, MAY 3, 1985 287 of”s-cticm 3 3- In the principal Act. in Section 3. in sub-section (I), of Assam Active existing clauses (iv), (v) and (vi) shall be substituted II of i960, by the following, namely:— "(iv) Secretary, P.W.D. ... Member. (v) Secretary, Flood Control ' ... Member. - - A (vi) Secretary, Health and Family ' ... Member.” Welfare Department. ................................. ‘ ’w - f̂rSect;™n 8A 4. I*1 the principal Act, in Section 8A, after sub-sec- °.f As,aro Acction (1), the following proviso shall be added, namely:— II of 1960. "Provided that if the State Government is of opinion that in the exigencies of public service it is necessary to do so it may, instead of constituting the Authority, appoint an Administrator to exercise all the powers of the Deve­ lopment Authority under this Act. The Administrator so appointed shall be deemed to be the Development Authority constituted under this Act and shall hold office during the pleasure of the Governor.” of Section1 In the principal Act, in Section 8B, in sub-sec- 8B of Assam tion T) :— Act II of (a) in clause (c), the semi-colon (;) shall be deleted and thereafter the following shall be added, namely:— "who shall be the Member-Secretary of the Autho­ rity.” r'b) after clause (j), the following new clauses shall * be inserted, namely :— "(k) Director, Town and Country Planning Depart­ ment or "his nominee: • (1) Chief Engineer, P.W.D. (Roads and Buildings) or his nominee; I (m) Chief Public Health Engineer or his nominee ; ■ - 1 ' ■ z (n) Local Member or Members of the Assam Legis­ lative Assembly covered by the Master Plan Area.” 288 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 3, 1985 insertion of g jn t h e principal Act, after Section 8G, the following 8H* inCtl°n shall be inserted as Section 8H, nam ely:— Assam Act II of 1960. “Delegation of power by Authority. 8H. The Authority may delegate all or any of its powers under this Act to any Officer, subject to such con­ ditions, if any, as may be specified by the Authority.” Amendment of Section 13 of Assa n Act II of- i960. 7. In the principal Act, in Section 13, in sub-section (1):— (a) between the words "sub-divide any land” and "or set up any new structure”, the following words 4. shall be inserted, namely :— ■ "by transfer, by way of gift, sale, partition or any other manner the whole or any part of the land”. (b) the full stop (.) at the end shall be deleted and thereafter the following shall be added, namely :— "and on payment of such fees as may be prescribed by bye-laws framed by the Authority in this behalf.” Insertion of new Sections 30A and 30Bm S i n Assam Act II of 1960. 8. In the principal Act, after Section 30, the follow- new Sections shall be added, namely:— . ,C-' *fPowy 30.A (1) Where any development in any area has been menuCVe ^commenced in contravention of the Master Plan or Development Scheme or without the permission, approval or sanction referred to in Section 29 or in contravention of any conditions subject to which such permission, approval or sanction has been granted, the Authority may, in addition to any prosecution -hat mav be instituted under this Act, make an order requiring the development to be discontinued on and from the date of the service of the order and such order shall be complied with accordingly.. (2) Where such development is not discontinued in compliance with the order under sub-section (1), the Authority may require any Police Officer not below the rank of Sub-Inspector of Police to remove the person by whom the development has been commenced including all his assistants and workmen from the place of development within such time as may be specified in the requisition, and such Police Officer shall comply with the requisition accordingly. v I THE ASSAM GAZETTE. EXTRAORDINARY, MAY 3, 1985 289 (3) After the requisition under sub-section (2) has been complied with.- the Authority may depute by a written order a Police Officer or an officer or an employee or the Authority to keep that the development is a watch on the place to ensure not continued. % (4) The provisions of this Section shall be in addition to and not in derogation of, any other provisions relating to stoppage of building operations contained in any other law for the time being in force. ofPower demolition of building. SOB. (I) Where any development has been commenced or is being carried on or has been completed in contraven- ' tion of the Master Plan or Development Scheme or with­ out the permission, approval or sanction referred to in Section 29 of this Act or in contravention of any conditions subject to which such permission, approval or sanction has been granted, the Authority may, in addition to any pro­ secution that mav be instituted under this Act make an order directing that such development shall be removed by demolition, filling or otherwise by the owner, occupier, manager or bv any person at whose instance the develop­ ment has been commenced or is being carried out or has been completed withih such period not being less than five days and more than thirty days from the date on which a copy of the order of removal with brief statement of the reasons thereof has been delivered to the owner, occupier and manager or the person at whose instance the develop­ ment has been commenced or is being carried out or has been completed as may be specified in the order and on his fadure to comply with the order, the Authority may remove or cause to be removed the development and the expenses of such removal shall be recovered from the owner, occupier, manager or any person at whose instance the development was commenced or was being carried out or was co; mleted as arrears of land revenue nrovided that no such order shall be made unless the owner, occupier, manager or the person concerned has been given a msona- ble opportunity to show cause why the order shall not be made. r ’ (2) The provisions of this Section shall be in addition to and not in derogation of any other provision relating to demolition of buildings contained in any other law for the time being in force. (3) No compensation shall be claimed bv any person for nrjy Hamave which he may sustain in consequence of the removal of any development under this Section or the discontinuance of the d eve1 oom ent ■ under Section 30A of tills Act.” 290 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 3, 1985 insertion of 9 j n the principal Act, after Section 50, the following 5oX,S 5UB°n S n e w S e c t io n s shall be inserted, namely: — and 50Gin Assam Act II of 1960. “ Levy of 50A (1) For the purpose of providing and main- fees* taining any amenity, the Development Authority may levy such fees as it may consider necessary which shall be in addition to any fee for the time being leviable under this Act or any other law in force, in respect of any site or building on the transferee or occupier thereof. (2) Where any transferee or occupier makes any default in the payment of any fee levied under sub-sec­ tion (1), the Authority may direct that in addition to the amount of the arrears, a sum not exceeding that amount shall be recovered from the transferee or occupier, as the case may be, by way of penalty. (3) In case of any default in payment of an amount payable under this Act the outstanding amount in default together with any sum, if any, directed to be paid by way of penalty under sub-section (2} may be recovered from the transferee or occupier as the case may be, in the same manner as arrear of land revenue. Resumption 50B. In case of non-payment of consideration money °f ° r o r a n y instalment thereof on account of the transfer of u ' ' Illg ’ any site or building or any rent due in respect of the lease of any such site or building or in case of the breach of any other conditions of such transfer or breach of any rules made under the Act. the Authority may if it thinks fit, resume the site or building so transferred and may further forfeit the whole or any part of the money, if any, paid in respect thereof. Audit of 50C. The accounts of the Authority shall be subject ffC0An t h°f 1° au £iit annually by the Accountant General, Assam. The rity. U n i accounts of the Authority along with the Audit Report shall be placed before the State Legislature.” Insertion of 10. In the principal Act, after Section 74, a new Sec- newSec tic n tion 75 shall be added, nam ely:— 75 in the Assam Act. II of 1960. "Supersession 75 jf, at any time the State Government is satisfied Authority. l^ a t Authority constituted under Section 8B of this Act is not competent to perform, or persistently makes default in the performances of the duties imposed on it bv or under this Act or any other law or exceeds or abuses its powers it may by notification, stating reasons I THE ASSAM GAZETTE EXTRAORDINARY MAY 3S 1985 291 declare the Authority to be superseded and on such super- session, the proviso to sub-section (1) of Section 8A of this Act shall apply.” Repealand 11. (1) The Assam Town and Country Planning (Amend- Assam Or- bavmgs. ment) Ordinance, 1985 is hereby repealed. No/l^ot 1985. (2) Notwithstanding such repeal any order passed, notification issued, anything done or any action taken under the principal Act, as amended by the said Ordinance shall be deemed to have been passed, issued, done or taken under the corresponding provisions of the principal Act, as amended by this Act. MD. SAADULLAH, Secretary to the Govt, of Assam Legislative Department. G A U H A TI—Printed and published by the Supdt. i/c., Assam Govt. Printing Press (Ex-Gazette) No 107-1,236—500—3-5-1985.