The Assam Town and Country Planning (Amendment) Act,2012

^PTSI Registered No. 768/97 THE ASSAM GAZETTE EXTRAO RDINARY SH'S W f S R H te PUBLISHED BY THE AUTHORITY ___ 235 C W m , 21 2012, 31 ’j’STfl, 1934 (W ) No. 235 Di spur, Monday, 21st May, 2012, 31stBaisakha, 1934 (S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH ! NOTIFICATION The 21st May, 2012 , No. LGL 32/2005/18. - The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. ASSAM ACT NO. XVII OF 2012 (Received the assent of the Governor on 17th May, 2012) TH E ASSAM TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 2012 2048 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 21, 2012 * AN ACT further to.amend the Asssan Town and Country Planning Act, 1959. Preamble Whereas it is expedient further to amend the Assam Town and Country Planning Act, 1959, hereinafter referred to as the principal Act, in the manner hereinafter appearing; It is hereby enacted in the Sixty-third year of the Republic of India as follows Assam Act No. II o f I960 Short title, 1. extent and commence­ ment. (1) This Apt may be called the Assam Town and Country Planning (Amendment) Act,2012. (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. Amendment 2. of section 13 In the principal Act, in section 13, after sub-section (4), the following sub-section (5) shall be inserted, namely:- “(5) Notwithstanding anything contained in sub-sections (1) to (4) of this section, the subject matter covered under this section shall not be applicable in respect of the residents inhabiting the areas notified as a Municipality or a Town Committee under the provisions of the Assam Municipal Act, 1956. All such matters relating to the said areas shall be dealt with under section 171 of the said Act.” Assam Act No. XV o f 1957 Substitution 3. of section 22 In the principal Act, for section 22, the following shall be substituted, namely “Power of the State Government to make rules prescribing the width etc.of public streets. 22. (1) Hie State Government may from time to time, after making assessment as to the needs of the localities situated within the areas of different development authorities of the State, make rules prescribing 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 be erected and other similar considerations including,- t (i) land sub-division and layout of public street; (ij) street lanes and setting back of buildings from the regular line o f the Street. (2) The power to make rules under tins section shall be subject to the conditionjofprevious publication. (3) The rules framed by the State Government under this section shall be followed while preparing the Master plan by the Director under section 9. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 21,2012 2049 (4) Every rule made under this section shall be laid as soon as may be after it is made, before the Assam. Legislative Assembly while it is in session for a total period o f fourteen days which may be comprised in one session or in two or more successive sessions and if, before the expiry o f the session in which it is so laid or the session immediately following, the Assam Legislative Assembly agrees in making any modification in the rule or the Assam Legislative Assembly agrees that the rule should not be made, the rules shall thereafter have effect only in such modified form or be o f no effect as the case may be, however, that any such modification or annulment shall be without prejudice to the validity o f anything previously done under that rule.” Amendment 4. o f section 74 In the principal Act, in section 74, in sub-section (1), clauses (i), (ii) and (iii) shall be deleted and the remaining clauses (iv), (v), (vi) and (vii) shall be renumbered respectively as (i), (ii), (iii) and (iv). MOHD. ABDUL HAQUE Secretary to the Govt, of Assam, Legislative Department, Dispur. G u w a h a tiP rin te d and Published by the Dy. Director (P & S), Directorate o f Ptg. & Sty. Assam, Guwahati-21. ' Ex. Gazette No. 469-300 + 600 - 21 - 5 - 2012.