The Guwahati Metropolitan Development Authority Act, 1985

Registered No. A '-Il The Assam Gazette 'siwra'f EXTRAORDINARY «r« « w sr̂ w PUBLISHED BY AUTHORITY « 157 fR»T«tw, ’’rfswrw, 14 jwfw, 1987, 23 1909 (W) Ke. 157 D iipw , Saturday, 14th Novem ber, 1987, 23rd Kartlfes. 1909 ( S .E . ) ■ GOVERNMENT OF. ASSAM / ORDERS BY THE GOVERNOR legislative DEPARTM ENT 1 legislative branch HOTIFICATIOK The 10th No Veer 1987 No. LGL. 107/85/291.—The following Act of the Assam Legislative Assembly which received the assent of the President; fs hereby, published for general information, » } 886 THE ASSAM'GAZETrE, EXTRAORDINARY, NOV. 14,1987 - Assam Act Nek XX of 1987. (Received the assent of the President on 20th October, 1987) THE Gl 7AHATI METROPOLITAN DEVELOPMENT AUTHORITY ACT, 1985. • An Act Short title, ex teat aad commence­ ment* to provide for the establishment of an Authority for the planned development of the Guwahati Metropolitan Area, and for matters connected therewith or incidental thereto : Whereas it is expedient to provide for the establishment of an Authority for the enforce­ ment and execution of the Master Plan and for the formulation and execution of schemes for. the planned development of Guwahati Metropoli­ tan Area, for the co-ordination and supervision of the execution of such plans and schemes with the object-of securing proper living and sanitary conditions, to conserve and promote the public health, safety and general welfare of the people Ijving therein and for matters connected there­ with or incidental thereto. It is hereby enacted in -the Thirty-sixth Year, of the Republic of India as follows :— CHAPTER I Preliminary 1. (1) This Act may be called the Guwahati Metropolitan Development Authority A c t 1985. (2) It shall extend to the whole of Guwahati Metropolitan Area excluding any area to which the provisions of the Cantonments Act, 1924 apply, (3) It shall come into force on such date as the State Government mav, bv notification .n thp Official Gazette, appoint. THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. U , 1987 887 Definition*. 2. In this Act, unless there is anything repug­ nant in the subject or context : — (1) "Agriculture” includes hortiudtufu, far­ ming, growing of crops, fruits, vegetables, flowers, grass,' fodder and trees, or any kind of cultivation of soil, breeding and keeping of live-stock including • cattle, horses, donkeys, mules, pigs and pouiuy, and the use of land which is ancillary to the farming of land or any other agri' ul- tural purposes, but shall not include the use of any land attached to a building for the purpose of a garden to be used along with such building ; and the expression "agricultural” shall be construed t - dingly ; (2) "Amenities” includes roads and streets, open spaces, parks, recreational grounds, playgrounds, water and electric supply, street lighting, sewerage, drainage, r/;h]ic works and other utilities, services and conveniences and such other convenience as the State Government may, by noti­ fication in the official Gazette, specify to be an amenity for the purposes of this Act. (3) "Authority” means the Guwahati Metro* politan Development Authority constitu­ ted under Section 4 of this Act. (4) "Betterment Fee” means the fee prescribed in respect of an increase in the value of land resulting from the execution of a Development Scheme. (5) "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 plateforms, veran­ dah, balcony, cornice or projection, or part of a building on anything affixed thereto- 888 THE ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14 ,19 87 or any walls, earth bank, fence or other construction enclosing or delimiting or intended to enclose or delimit any land or. space. (6) "Building operations” includes— (a) erection or re-erection of a building or any part of it, (b) roofing or re-roofing a building or any part of a building or an open space, (7) "Commerce” means the carrying on of a n y ’trade, business or profession, sale or exchange of goods of any type whatsoever, and includes the running of, with a view to making profit, hospitals, nursing homes, infirmaries, educational institutions and also hotels, restaurants, boarding houses not attached to any educational institu­ tion, and sarais; and the expression "com­ mercial” shall be construed accordingly ; (8) "Development” with its grammatical varia­ tions means the carrying out of building, engineering, mining or other operations, in, on, over, or under land or the making of any material change in any building or land or in the use of any building or land and includes division of any land ; (9) "Factory” means a place to which the provisions of the Indian Factories Act of 1934, or any amendment thereof shall apply. (10) "Guwahati Metropolitan Development Authority” means the Authority constitu­ ted under Section 4 of this Act. (11) "Industry” includes the Carrying on of any manufacturing process as defined in the Factories Act, 1948, and the expression "industrial” shall be construed accor­ dingly : THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 (12) "L and” shall have the same m eaning as in the Land Acquisition Act, 1894 (1 of 1894) and shall include land covered by w ater. (13) "Local au tho rity” means the G uw ahati M unicipal Corporation or Board or a Com­ m ittee or any other au thority legally entitled to, or en trusted by the S tate Gov­ ernm ent w ith the control or m anagem ent of M unicipal or local fund or which is perm itted by the S tate G overnm ent to exercise the powers of a local au thority and includes a M ahkum a Parishad and Gaon Panchyat constituted under the Assam Panchayati Raj Act, 1972 and as amended. (14) "Local N ew spaper” in relation to G uw ahati M etropolitan Area means any new spaper published or circulated w ithin the G uw a­ hati M etropolitan Area. (15) "M aster P lan ” m eans the plan as defined under Section 16 of this Act. (16) "Notification” m eans a notification pub­ lished in the Official Gazette. (17) "Occupier? includes any person paying or liable to pay ren t or any portion of the ren t of the land or building in respect of which the w ork is due or compensa­ tion or prem ium on account of the occupa­ tion of such land and building and also a ren t free tenant. (18) "Open space” m eans any land w hether enclosed or not on which not m ore than one-tw entieth p a rt is covered w ith buil­ ding and the rem ainder has been laid out as a public garden or used for purpose of recreation or lies waste and unoccupied. 889 (19) "Operational construction ” means any construction, whether temporary or per­ manent, which is necessary for the opera­ tion, maintenance, development or execu­ tion of any of the following services; — . (i) Railways, (ii) National Highways. (iii) National Waterways (iv) Major Ports, (v) Airways and ZeerocLrames, (vi) Posts and Telegraphs, Telephones, Wireless, Broadcasting and other like forms of •communication, (vii.) Regional grid for electricity, (viii) Any other service which the State Government may, if it is of opinion that the operation, maintenance, deve­ lopment or execution of such other service is essential to the life of the community, by notification, declare to be a service for the purposes of this clause. Explanation.— For the removal of doubts, it is hereby declared that the construction of - (i) new residential buildings not connected with operations like gate, lodges, hos­ pitals, clubs, institutions, schools, rail­ way colony, roads, drains, etc., in the case of railways, and (ii) a new building, new structure, new installation or any extension thereof, in the case of any other service ; shall'not be deemed to be construction within the meaning of this clause ; (20) "owner” includes a mortgage in posses­ sion, a person who for the time being is receiving or is entitled to receive, or has received, the rent dr premium for any land whether on his own account or on account of, or on behalf of, or for THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 891the benefit of, any other person or as' an agent, trustee, guardian or receiver for any other person or for any religious or charitable institution or who would so receive the rent or premium or be entitled to receive the rent or premium if the land were let to a tenant; and also includes the Head of a Department or an Undertaking of the Central or a State Government, the General Manager of a Railway, the Secretary, or Other princi­pal officer of a local authority, statutory authority or company in respect ci pro­perties under their respective control;(21) "Prescribed” means prescribed by rules made under this A ct(22) "Public place” means-any place or buil­ding which is open to the use or enjoy­ment of the public whether it is actually used or enjoyed by the public or not and whether the entry is regulated by any charge or n o t;(23) "Reconstituted plot” means a plot which is in any -way altered- by the making of a Development Scheme.(24) "Residence” means the use for human habitation of any land or building or part thereof -including gardens, grounds, gara­ges,'Stables and out-houses, if any ap­pertaining to such buildings, and the expression "residential” shall be con­strued accordingly.(25) "ftoad” 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. s 892 THE ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 (26) "Scheme” means a developments scheme and includes a plan or plans together with the descriptive matter if any relat­ ing to such a scheme as defined in Section 36 of ,this Act. CHAPTER II Declaration of Guwahati Metropolitan Area and constitution of Guwahati Metropolitan.Developm.ent Authority. • Declaration of Guwa­ hati Metro­ politan Area. Constitution of the Guwa­ hati Metro­ politan Dev­ elopment Authority. 3. (1) The State Government may, by noti­ fication in the Official Gazette, declare the area covered by the Guwahati Municipal Corporation Area and any other areas contiguous to the Guwa­ hati Municipal Corporation Area, to be the Guwahati Metropolitan Area for the purposes of this Act. (2) The State Government may, if it thinks fit, by notification in the Official Gazette, enlarge, curtail or modify the Guwahati Metropolitan Are^ or any part thereof. (3) Every such notification shall define the limits of the area to which it relates.' 4. (1) As soon as may be, after the com­ mencement of this Act, the State Go­ vernment shall by notification in the official Gazette, constitute for the pur­ poses of this Act, an Authority to be called "The Guwahati Metropolitan Development Authority” (hereinafter referred to jurisdiction over the Guwahati Metro­ politan Area. as the Authority) with THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 893 (2) The A uth ority shall ho a body corporate having perpetual succession and a common seal w ith power, subject to the provision of this Act. to acquire, hold and. dispose of properties bott>.moveable and im m oveable and to enter into any agreem ent or contract, and shall b y the said name sue and be sued Composition of the Guwa­ hati Metro­ politan Dev­ elopment Authority. 5. (1) The G uw ahati M etropolitan D evelop­ ment A u th ority shall consist of the follow ing members, nam ely :— (a) The C hief M inister of the State o f Assam shall be the Chairm an ; (b) The M inister in charge of Tow n and Country Planning Departm ent and the M inister in charge of M unicipal Adm inistration Departm ent of the State of Assam shall be the D eputy Chairm en : Provided that w hen there is no Council of M inisters in the State o f Assam, the State G overnm ent shall nominate such persons, as it m ay think fit, to be the three m em bers as the Chairm an and D eputy Chairm an respectively of the G uw ahati M etropolitan Developm ent A u th o­ rity ; (c) One m em ber “to be appointed b y the State G overnm ent as V ice-C hairm an : Provided that the State G overnm ent m ay, appoint the Secretary to the M inicipal A dm ini- -- stration Departm ent of the State G overnm ent as Ex-Officio V ice-C hairm an of the G uw ahati M etropolitan Developm ent A u th ority to run the adm inistration of the A u th ority ; (d) the Chief Executive Officer of the Guwa- hati Metropolitan Development Authority to be appointed by the State Govern­ ment, ex-officio ; (e) the Town Planner of the Authority (not below the rank of Associate Planner of the State Government) to be appointed by the State Government; (f) the Chief Engineer of the Authority (not below the rank of Superintending Engi­ neer of the Public Works Department of the State Government) to be appoited by the State Government; (g) the Financial Adviser and Chief Accounts Officer of the Authority (in the rank of Financial' Adviser of the State Govern­ ment) to be appointed by the State Government; (h) the Director of Town and Country Plan­ ning, Government of Assam ; (i) the Deputy Commissioner, Kamrup D istrict; (j) the Deputy Commissioner, Pragjyntish- pur D istrict; (k) the Chief Engineer, Public Works Depart­ ment (Roads); (l) the Chief Engineer, Flood Control Department ; (m) the Chief Engineer, Public Health Engineering Department; (n) the Director, Municipal Administration Department ; (o) the Chief Executive Officer and Com­ missioner, Assam State Housing Board ; (p) the Commissioner, Guwahati Municipal' Corporation ; (q) the Chairman, North Guwahati Town Committee ; 895THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 (r) one Councilor from the Guwahati Muni- ’ cipal Corporation to be nominated by the Guwahati Municipal Corporation; (s) one member from the Commerce and Industry (Private Sector) to be nomina­ ted by the State Government; (t) one member from the Railways to be nominated by the State Government; (u) three other members to be nominated by the State Government, of whom one shall be from the Planning and Develop­ ment Department, one from the Finance Department and one person with expe­ rience of Town Planning or Architecture. (2) The appointment of the vice-chairman may be either whole-time or part-time as the State Government may think fit, but the appointment of the Chief Execu­ tive Officer, the Town Planner of the Authority, the Chief Engineer of the Authority, and the Financial Adviser and Chief Accounts Officer of the Autho­ rity referred to in clause (d). clause (e), clause (f), and clause (g) shall be whole­ time. (3) The Vice-chairman shall be entrusted general administration of the Guwahati Metropolitan Development Authority as per provisions of this Act subject to the overall control and. supervision of the Chairman or Deputy Chairman, as the case may be, and shall discharge such functions and exercise such powers as may be delegated to him by the Chair­ man or Deputy Chairman, as the case may be and shall during the absence of the Chairman or Deputy Chairman, per­ form the functions and exercise the powers of the Chairman or the Deputy Chairman, as the case may be. 895THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 (r) one Councilor from the Guwahati Muni- ’ cipal Corporation to be nominated by the Guwahati Municipal Corporation; (s) one member from the Commerce and Industry (Private Sector) to be nomina­ ted by the State Government; (t) one member from the Railways to be nominated by the State Government; (u) three other members to be nominated by the State Government, of whom one shall be from the Planning and Develop­ ment Department, one from the Finance Department and one person with expe­ rience of Town Planning or Architecture. (2) The appointment of the vice-chairman may be either whole-time or part-time as the State Government may think fit, but the appointment of the Chief Execu­ tive Officer, the Town Planner of the Authority, the Chief Engineer of the Authority, and the Financial Adviser and Chief Accounts Officer of the Autho­ rity referred to in clause (d). clause (e), clause (f), and clause (g) shall be whole­ time. (3) The Vice-chairman shall be entrusted general administration of the Guwahati Metropolitan Development Authority as per provisions of this Act subject to the overall control and. supervision of the Chairman or Deputy Chairman, as the case may be, and shall discharge such functions and exercise such powers as may be delegated to him by the Chair­ man or Deputy Chairman, as the case may be and shall during the absence of the Chairman or Deputy Chairman, per­ form the functions and exercise the powers of the Chairman or the Deputy Chairman, as the case may be. 896 TH E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 (4) The Vice-Chairman, if he is a whole­ time member and other members speci­ fied in clause (d), clause (e), clause (f) and clause (g) shall be entitled to receive from the funds of the Authority such salaries and such allowances as may be determined by the State Government in this behalf. (5) The Vice-Chairman, if he is a part-time member, may be paid from the funds of Authority such allowances as may be fixed by the State Government in this behalf. (6) The Vice-Chairman, the Chief Executive Officer, the Town Planner? the Chief Engineer, and the Financial Adviser and Chief Accounts Officer referred to in clause (c), clause (d), clause (e), clause (f) and clause (g) shall hold office during the pleasure of the State Government. (7) The members referred to in clauses (r) and (s) of sub-section (1) shall hold office for a term of three years from the date of their nomination by the State Govern­ ment and shall receive such allowances for attending meeting of the Guwahati Metropolitan Development Authority or any committee; thereof . as may be pres­ cribed: Provided that the member referred to in clause (r) of sub-section (1), on ceasing, to be a Councillor of the Guwahati Municipal Corpora­ tion, shall cease to hold office as such member notwithstanding that the said term of three .years has not expired and the vacancy shall be filled by the State Government by making a fresh nomination. (8) The State Government may, if it thinks fit, terminate the appointment of any nominated member before the expiry of his term of office. THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 89 7 (9) A nominated member of the Authority may resign his membership by giving notice m writing to the State Govern­ ment. He shah cease to be a member on acceptance of such resignation. (10) Any vacancy caused by resignation, death or otherwise of a nominated member shall be filled by fresh nomination by the State Government. (11) No act or proceeding of the Guwahati Metropolitan Development Authority shall be deemed to be invalid merely bv reason of any vacancy in, or defect, initial or subsequent, in,the constitution of that Authority. Function and6. (1) Subject to the provisions of this Act and UwAutho-i- r v -les made thereunder and any direction «v. ‘ which the State Government, may give from time to time, the functions of the Guwahati Metro-* politan Development Authority shall be tp pro­ mote and secure the development of the Guwa­ hati Metropolitan Area according to the Master Plan. (2) Without prejudice to the generality of the functions specified in sub-section (1), the Guwahati Metropolitan Develop­ ment Authority shall have the following powers and functions :—; (a) to carry out or cause to be carried ou surveys of the area and to prepare repoi or reports of such survey ; (b) to prepare Master Plan for the Guwahal Metropolitan Area ; (c) to enforce and execute the Master Pla for Guwahati Metropolitan Area : (d) to prepare and execute developmei 898 TH E Meeting of the Guwa- lia ti Metro­ politan Dev­ elopment A ” 1 horirv. ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14 ,1987(e) to co-ordinate development activities of all departments and agencies of the. StateGovernment or local authorities opera­ting within the Guwahati Metropolitan Area ;(f) to carry out or cause to be carried out of such works as are contemplated in the Master Plan ;(g) to acquire, hold and manage such pro­perty both movable and immovable, as the Guwahati Metropolitan Development. Authority may deem necessary for the purposes of any of its activities and to lease, sell or otherwise transfer any pro­perty held by i t ;(h) to purchase by agreement or to take on.lease or under any form of tenancy, anv *land and to erect thereon such buildings or structure and to carry out such opera­tions as may be necessary for the purpose of carrying on its undertakings ; A(i) to enter into or perform such contracts as may be necessary for the performance of its duties and for exercise of itspoweis under this A c t ;Ci) to periorm anv other function which -s supplemental, incidental. or consequential to any of the functions aforesaid .r which ni;iv be prescribed. 7. (1) The Guwahati Metropolitan Development Authority shall observe such rules of procedure in legaid to the transaction of business it it< meeting (including the quorum at its meeting) as may be prescribed.(2) tile t merman '■!' 1 he Guwahati Metro­politan Development Aufhoiitv or, >f • any reason lie is unable m attend -mv 899THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 w meeting, the Deputy Chairman or, if for ‘any reason the Chairman and the Deputy Chairman are unable to attend any meeting, the Vice-Chairman or if for any reason he is also unable at attend the meeting, any other member elected by the members present shall, preside at the meeting. Power to g . (J ) appoint offi­ cers and Secretary and other staff. The State Government may appoint a suitable person as the Secretary of the Authority who shall exercise such powers and perform such duties as may be pres" cribed by regulations ,or delegated to him by the Authority or the Chairman. (2) Subject to such control and restrictions as may be prescribed by rules, the Authority may appoint such number of other officers and employees (including experts for technical works) as may be necessary for the efficient performance of its functions and may determine their designations and grades. (3) The Secretary, and other officers and employees of the Authority shall be en­ titled to receive from the funds of the Authority such salaries and such allowan­ ces, if any, and shall be governed by such conditions of service as may be determined bv regulations made in this behalf. Delegation g The Guwahati Metropolitan Development Authority may, by order in writing and subject to such conditions as it may think fit to impose, delegate any of its powers, duties and functions under this Act or any other Act or any rule or regulation made thereunder to the Chairman, Deputy Chairman, Vice-Chairman, Chief Execu­ tive Officer, Town Planner. Chief Engineer. Financial Adviser and Chief Accounts Officer or any other Officer appointed under this Act. Powjr of the Autho­ rity to co­ opt. mem­ bers for Par­ ticular pur­ pose ■ Advisory Council. 10. (1) The G uw ahati M etropolitan Develop­ m ent A uthority m ay associate w ith itself, any person as a co-opted m em ber for a period of th ree years whose assistance or advice it m av consider necessary in ca rry ' ing out its duties and functions as m ay be decided, by the A uthority in its m eeting by passing a resolution for such co-option. (2) The person so associated shall not be deem ­ ed to be a m em ber of the A uthority and shall have no right to vote at any m eeting thereof, but he mav take part in the dis- . cussions of the A uthority relating to the purpose or purposes for which he was associated w ith the Authority. 11. (1) The G uw ahati M etropolitan Developm ent ■Authority shall, as soon as m ay be, consti­ tu te an Advisory Council, for the purpose of advising the A uthority on the p repa­ ration of M aster P lan and on such other m atters relating to the planning of deve­ lopment. or arising out of, or in connection w ith the adm inistration of this Act as m av be referred to it by the Authority. (2) The Advisory Council shall consist of the following m embers, nam ely :— (a) the C hairm an of the A uthority , ex- officio, who shall be the P re s id e n t; (b) the Deputy Chairm en of the A utho­ rity . ex-officio; • (c) the Vice-Chairm an of the A uthority, ex-officio; (d) two persons w ith knowledge of Town P lanning or A rchitecture to be nom i­ nated bv the State Governm ent ; (e) two representatives of the G uw ahati M unicipal Corporation to be elected by the councillors from among themselves; (fl one representative of the N orth-G uw a- hati Town Committee : THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 901 ) (g) one representative of the Health De­ partment to be nominated by the State Government; (h) one representative from the Assam State Electricity Board to be nominated by the State Government: (i) three persons to be nominated by the State Government of whom one shall represent the interests of commerce and industry in Guwahati Metropolitan A re a ; (j) four persons from the technical departments of the State Government to be nominated by the xState Govern­ ment ; (k) one representative of the Indian Railways to be nominated by the State Government; (l) three members of the Assam I i-wsla- lative Assembly to be nominated by the Speaker of that Assembly. (3) If for any reason the Chairman of the Guwahati Metropolitan Development Authority is unable to attend any meeting of the Advisory Council, such meeting shall be presided over by. any of the Deputy Chairmen ; (4) The Advisory Council shall meet as and when necessary and shall regulate its own procedure. (5) The members of the Advisory Council shall hold office for such term, as may be • prescribed. Constitutions 12. (1) The Guwahati Metropolitan Development of Commit- Authority may, from time to time, witn a tees‘ view to give effect' to the purpose^ of this Act and other Rules made under this Act constitute as many committees consisting of such persons of following classes as it may think fit, namely :— (i) Members of the Authority. (ii) Persons associated with the Authority. (iii) Other persons whose assistance or advice the Authority may desire as members of such committees. Provided that no Committee shall con­ sist of less than three and more than seven persons. (2) The Authority may— (a) refer to such Committee, for inquiry . and report, any matter relating to any of the purposes of this Act and rules under this A c t ; (b) delegate to such Committee by speci­ fic resolution and subiect to rules made in this behalf, any of the powers or duties of the Authority relating to the subject matter for which the Commit­ tee has been constituted. (3) The Guwahati Metropolitan Development Authority may. at any time, for reasons to be recorded in writing, dissolve or, sub­ ject to the provision of sub-section (1) alter the constitution of any such Committee. (4) Every Committee shall carry out any instruction given to it bv the Authority and every final decision of such Committee shall, subiect to any rule to the contrary, be laid before the Authority for confir­ mation. THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 903 (5) A Committee constituted under this section shall meet at such .place and at such time, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be determined by rules made in this behalf. (6) The members of a Committee, other than the members of the Guwahati Metropolitan Development Authority, stall be paid such fees and allowances for attending its meetings and for attending to any other work of the Guwahati Metropolitan Development Authority, as may be determined by rules made m this behalf- supply of 13- (1) The Guwahati Metropolitan Develop- andU?nfor- ment Authority shall forward to the State Govern- the^stw m e n t> copies of the minutes of the proceedings of Govern- “ each meeting of the Authority, within ten days menu frO m t iIC date on which the minutes are signed. (2) The Authority shall, if so directed by the State Government, forward to it a copy of all papers which were laid before the Authority for consideration in any meeting. (3) The State Government may require the Guwahati Metropolitan Development Authority to furnish it with— (a) any return, statement, estimate, statistics or other informations regarding any matter under the control of the Authority, or (b) a report on any such matter, or (c) a copy of any document in the charge of the Authority. duWGuw°af- 14. (1) Notwithstanding anything contained in hati Metro- other law for the time being in force, the Guwahati vciopme??’ Metropolitan Development Authority may give such Authority directions with regard to the implementation of directions, any development project, as it may think fit, to an authority to which payment of any money from its fund has been made under this Act. 904 TH E A S S A M G A Z E T T E , E X T R A - O R D IN A R Y , N O V .14,1987 (2) The Guwahati Metropolitan Development Authority shall so exercise the powers of super- vi ' n referred to under this Act as may be nece­ ssary to ensure that each development project is executed in the interest of the over-all develop­ ment of the Guwahati Metropolitan Area and in accordance with the approved Master Plan. Power of 15. (1) Where the Guwahati Metropolitan Ud^etro- Development Authority is satisfied that any direc- poiitan tjon given by it under sub-section (1) of Section n®nt1OAut- M with reg..rd to any development project has hority to n o t been carried out by such authority referred to any therein or that any such authority is unable to fully implement any scheme undertaken by it for the development of any part of the Guwahati Metropolitan Area, the Guwahati Metropolitan Development Authority may itself undertake the works and incur any expenditure fi r the execution of such development projects or implementation of such schemes, as the case may be. (2) The Guwahati Metropolitan Development Authority may also undertake any works or schemes in ti c Guwahati Metropolitan Area or as may be directed by the State Government and may incur such expenditure as may be necessary lor the execution of such work or scheme* CHAPTER HI Master Plan Preparation 16. A Master Plan hereinafter referred to as pian.aS,er “Plan” in this Act for the development cf Guwa­ hati Metropolitan Area er fir any area with­ in the Guwafati Metrept litan Ana which the State devernment may, ce nsie’er necessary, shall be drawn up by the Authc rity in c< nsidtatic n with tl.c Dirccter cf Te wn and Cemtiy Flaming or such ether e xperls cf ce nsuharcy as the Gvwa?- l ati Metropolitan Development Aufl e rity consider it necessary: THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 905 Provided further, the Authority may adopt the existing Master Plan for Greater Guwahati prepared by the Director of the Town and Country Plan­ ning Department, with such alterations, modifica­ tions, changes and adjustments as it deems necessary. Masterplan# The Authority shall, as soon as maybe, ‘carry out necessary surveys of, and prepare a Mas­ ter Plan for Guwahati Metropolitan Area or for any area within the Guwahati Metropolitan Area, as it may deem necessary in the manner prescri­ bed in Section 16. - (2) The Master Plan shall— (a) ' define the various zones into which Guwa­ hati Metropolitan Area may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying cut thereon of deve­ lopment or otherwise) and the stages by which any such development shall be carried out; and (b) serve as a basic pattern of frame work with­ in which . detailed, development schemes of the vari­ ous zones may be prepared. Contents of 18.(1) The Master Plan to be prepared as pJLMaster defined in Section 16, may include:— (a) a general land use plan for residential, commercial, industrial, recreational and public and semi-public purposes; (b) Zoning plan and Zoning Regulations; (c) Transportation plan including roads, rail­ ways, canals, etc ; (d) Public utilities p ian; (c) any other matter which is necessary for the proper development of Guwahati Metropolitan Area; " (f) necessary report giving relevant data and information in respect of the proposals in the Plan and any oilier thing as it deem necessary. (2) The Zoning Plan and Zoning Regulations may— (a) contain a site-plan and use-plan for the development of the zone ; (b) specify the standards of population density and building density ; (c) show every area in the zone which may, in the opinion of the Authority, be required or dec­ lared for development or re-development ; and (d) in particular, contain provisions regarding all or any of the following matters, namely :— (i) the division of any site into plots for the erection of buildings ; (ii) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other pub­ lic purposes ; (iii) the development of any area into a township or colony and the restrictions and conditions subject to which such develop­ ment may be undertaken or carried o u t; (iv) the erection of buildings on any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and height and chara­ cter of buildings ; (v) the alignment of building on any site ; (vi) the architectural features of the elevation or frontage of any building to be erected on any s ite ; (vii) the number of residential buildings which may be erected on any plot or site ; (viii) the amenities to be provided in relation to any site or buildings on such site THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 9 0 7 whether before or after the erection of buildings and the person or authority by whom or at whose expense such ameni­ ties are to be provided ; (ix) the prohibitions cr restrictions regarding erection of shops, workshops, warehouses or factories or buildings or a specified architectural featute or buildings designed for particular purposes in the locality ; (x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained ; (xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and (xii) any other matter which is necessry. for the proper development of the zone or any area thereof according to Plan and for preventing buildings being erected haphazardly in such zone or area. Submission 19. Every Plan shall, as soon as may be t°h Psuteto a fte r it s preparation, be submitted by the Autho- Govermnent rity to the State Government for approval and for appro- ^ a t Government may either approve the plan without modifications or with such modifications as it may consider necessary or reject the Plan with direction to the Authority to prepare a fresh plan according to such directions. Procedure 20.(1) Before preparing any Plan finally and t0 deifoth' submitting it to the State Government for appro- preparation val, the Authority shall prepare a plan in draft and •nd appro- pUbfish it by making a copy thereof available for va ° an' inspection and publishing a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice. 908 THE ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 (2) The Authority shall also give reasonable opportunities to every local authority within whose local limits any land touched by the plan is situated, to make any representation with respect to the plan. X (3) After considering all objections, suggestions and representations that may have been received by the Authority, the Authority shall finally prepare the plan and submit it to the State Government for its approval. (4) Provisions may be made by rules made in this behalf with respect to the form and content of a plan and with respect to the procedure to be followed and any other matter, in conection with the preparation, submission and approval of such plan. (5) Subject to the foregoing provisions of this section, the State Government may direct the Autho­ rity to furnish such information as the State Govern­ ment may require for the purpose of approving any plan submitted to it under this section. operadon'of 21. (1) Immediately after the plan and Zoning Wans and Regulations have been approved by the State Govern- guiIationsRe"m e n t ’ ^ e Authority shall publish in such manner as may be prescribed by regulations, a notice stating that a plan has been approved and naming a place where a copy of the plan may be inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice, the plan shall come into operation. (2) After the coming into operation of the Master Plan and Zoning Regulation, it shall be the duty of the Guwahati Municipal Corporation or any other local authority, within whose jurisdiction such area or zone is situated to enforce such regulatory measures in supersession of the rules and regula­ tions, if any, applicable to such area or zone. ■ .. I THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 9 0 9 Modification 22. (1) The Authority may make anv modifica- terS^lndtions to the Master Plan and Zoning Regulations the Zoning as it thinks fit. being modifications which, in its Regulations. Opjn -Or[ ̂ j 0 n Q t e g-e c t important alterations in the character of the plan and which do not relate to the extent of land uses or the standards of popu­ lation^ density. (2) The State Government may make any modi­ fications to the Master Plan and Zoning Regula­ tion whether such modifications are of the nature specified in sub-section (1) or otherwise. (3) Before making any modifications to the Plan, the Authority or, as the case may be, the State Government shall publish a notice in such form and manner as may be prescribed by rules made in this behalf inviting objections and suggestions from any person with respect to the proposed modi- , fications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority or the . State Government. (4) Every modification made under the pro- sions of this section shall be published in such manner as the Authority or the State Government, as the ease may be, may specify and the modi­ fications shall come into operation either on the date of the publication or on such other date as the Authority or the State Government may fix. (5) When the Authority makes any modifica­ tions to the Plan under sub-section (1), it shall report to the State Government the full particulars of such modifications within z thirty days of the elate on which such modifications come into operation. (6) If any question qrises whether the modi­ fications proposed to be made by the Authority are modifications which effect important alterations in the character of the plan or whether they relate to the extent of land-uses or the standards of popu­ lation density, it shall be referred to the State Government whose decision thereon shall be final. Restriction 23- After the coming into operation of any tand '̂awi Master Plan jn any area under sub-section (1) of buildings Section 21, no person or body (including a depart- tcr publics- me-' of State or Central Government cz the local don of the autnority) shall use or permit to be used any land, Master p!an’sub-divide any land by transfer, by way of gift, sale, partition or any other manner the whole or any part of the land, dr setup any new structure on any land covered by the Plan or change the existing structure or any building or use of any building or land within the area covered by the Plan except with permission of the Guwahati Met­ ropolitan Development Authority on a written appli­ cation submitted for the purpose- of°deveton ^4- After the coming into force of this Act, ment with- no development, institution or change of use of any °sionPermi" â n d b® undertaken or carried out within the Guwahati Metropolitan Area without obtaining the permission in writing from the Authority as provided for here-in-after : Provided that no such permission shall be necessary— (i) for the carrying cut such works for the maintenance, improvement or other altera­ tion of any building which effect only the interior of the building or which do not materially effect the structural and external appearance of the building; (ii) for the carrying out by the Central or the State Government or any local authority of any works required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, read or public street; (iii) for the carrying out by the Central or the State Government or any local authority of any works for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cables or other apparatus including the breaking open of any street or other land for that purpose; 91 1THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 (iv) for the cxcavatic n (including wells) made in the ordinary course of agricultural operations; (v) fcr the construction cf unmetalled road in­ tended to give access to land solely for agricultural purposes. 25. (1) Any person or body (including a depart- lopment'" ment of the Central or the State Government or any local authority) intending to carry out any development on any land shall make an application in writing to the Guwahati Metropolitan Develop­ ment Authority for permission in such. form and containing such particulars and accompanied by such documents as may be prescribed. (2) Each such application shall be accompanied by a plan drawn to scale showing the actual di­ mension of the parcel of the land and the building to be built upon it, the site and the position of the building to be erected and in case of altera­ tion in the use or structure of the building or land’ the nature and extent of such alteration. (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 permi­ ssion except on the ground of contravention of pro­ posals contained in the plan or the Zoning Regu­ lations and unless the permission has been refused within a period of one month 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 the permission has been given. (5) On such applicant n having been duly made, and on payment of the development permission fees as may be assessed as prescribed by laws framed by the Authority in this behalf— (a) the Authority may pass an order — (i) giantihg permission unconditionally ; or 912 THE ASSAM G A Z E T T E , E X T R A -0 R DIN A R Y , N 0 V»14,19 87 (ii) granting permission subject to such conditions as it may think fit; or (iii) refusing permission. (b) Without prejudice to the generality of clause.'’" ' (a) of this sub-section, the Authority may impose conditions— (i) to the effect that the ’ permission granted is only for a limited period and that after the expiry Of that period, th® land shall be restored to its previous conditions or the use of the land permitted shall be dis­ continued . . (ii) for regulating the development or use of any other land under the control of the applicant or for the carrying out of works on any such land as may appear to the > Authority expedient for the purpose of the permitted development ; ■ AProvided no such fee shall be necessary in the case of an application made by a department of ‘ the Central or the State Government or any local authority. (6) When permission is granted subject to con­ ditions or is refused, the grounds of imposing such conditions er such refusal shall be recorded in the order and the order shall be communicated to the applicant. (7) When permission is refused under this section, the applicant or any person claiming thro­ ugh him, shall not be entitled to get refund of the fee paid on the application for permission but the Authority may, or an application for refund being made within three months of the communication of the grounds of the refusal under sub-section (6), direct refund of such portion of the fee as it may seem proper in the circumstances of the case. I ' i ■, THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 91 3 (8) In the case of a department of the Cen­ tral or the State Government or any local autho­ rity intending to carry out any development other than operational constructions, on any land where the Authority raises any objection in respect of the conformity of the proposed development either to any Master Plan or scheme under preparation, or to any of tire building by laws in force, or to the Zon­ ing Regulations, or due to any other material con­ sideration under sub-section (9), the department or • the authority, as the case may be, shall; (a) either make necessary modifications in tlic proposals for development to meet the objections, or 7 (b) submit the proposals for development toge­ ther with - tic objections raised by the Authority to 7 * the State Government for decision. When propo­ sals and objections have been submitted, no deve­ lopment shall be undertaken until the State Govern­ ment has finally decided on the matter. i- (9) The State Government on receipt of the proposals for development together with the object­ ions of the Authority, shall eith’er approve the proposals with or without modification or direct the concerned authority to ma e such modifications in the proposals as it considers necessary in the cir­ cumstances. ' in̂ tĝ antof 26- Any applicant aggrieved by an order passed permissi o n under Section 25, or if no order is passed under subject to that section, may appeal within one month of the refusal of communication of that order to him or after the permission, expiry of the period of three months from the date of submitting the application, as the case may be, in the manner and accompanied by such fees as may be prescribed, to the Appellate Authority ap­ pointed by the State Government in this behalf. La se of 27. (1) Every permission for any development permission? granted under this Act shall remain in force for a period of one year from the date of such permis­ sion. (2) The Authority may, on application made in this behalf before the expiry of the aforesaid period, extend the same fbr such times as it may think proper, but the total period shall in no case exceed three years. (3) If any permission lapses under sub-section (1) or (2), such lapse shall not bar any subsequent application for fresh permission under this Act. Sub-division 28- (1) Every person who intends to sub-divide °iandrlv *4 ' any plot of land within the Guwahati Metropo­ litan Area shall give notice ini writing to the Authority of his said intention and such notice shall be accompanied by the plans and statements together with a development per­ mission fee as prescribed. (2) AH plans for sub-division of land shall be in accordance with the standards prescribed by the State Government. Plans 29. A layout plan drawn to a suitable scale vying notice, a n d containing the following information shall accom­ pany the notice given under Section 28,— (a) the location of the land, (b) the boundaries of the proposed land shown on the map, and sufficient desc­ ription 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, (c) 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 subject to inundation or flood, THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 915 (f) The complete layout of the proposed sub-division showing the location and widths of all the proposed street dimensions and uses of all the plots, (g) The locations of all drain* sewers and other utilities, (h) Building lines permissible, (i) Scale and north line, (j) K ey plan. with1*0" 30.(1) The Authority may either grant or refuse without ^ 5 approval to the plans or may approve them modification with such modifications as it may deem fit and or re us . thereupon shall, communicate its decision to the person giving the notice within three months from the date of the notice. (2) No person shall be allowed to construct a building on any plot of land, the sub-divi­ sion of Ahich has not been previously approved by the * Authority. Layout not 31. Should be Authority determine at any stage according to that the layout or the construction • is not procee- p an’ ding according to the • sanctioned plan or is in violation of any provision of this Act, it shall serve a notice on the applicant requiring him to stay further execution until correction has been 1 effected in accordance with the approved plan. Prohibition 32. Where any deed or document required to be of registra- registered under the Indian Registration Act, 1908 (Act certain cases. No.XVI of 1908), purports to sub-divide any land or transfer of any land within the Guvvahati Metropolitan Area, nb registering officer shall register any such document unless the party presenting the deed or document for registration produces a No-Objection Certificate from the Authority to the effect that the Authority has No-Objection to the registration of such deed or document- Power o f revocation and modi­ fication of permission to develop. 33.(1) If it appears to the Authority* that, it is expedient, having regard to the Master Plan or development scheme prepared or under preparation or to be prepared and to any other material con­ sideration, that any ' permission to develop land granted under this Acs or any other law, should be revoked or modified, the Authority may, bv order, revoke or modify the permission to such extent as appears to it to be necessary provided that,— (a) Where the permission relates to the carrying out of building or other operations, rto such order shall,— (i) affect such of the operations us have been previously carried out; ii) be passed after these operations have been completed (b) Where permission related to a change of use of land, no such order shall be passed at any time after the change has taken place, (2) When permission is revoked or modified by an order made under sub-section (1), if the owner claims from the Authority within thirty days from the date of revocation or modification, an amount for the expenditure incurred in carrying out the works after the grant of permission and m accor­ dance with such permission, which has been rendered abortive by the revocation or modification, the Authority shall, after giving the owner a re a ­ sonable opportunity of hearing by the Authority, assess and offer such amount to the owner as it thinks fit. (3) If the owner aggrieved by .the assessments and offer of such amount made by the Authority, the aggrieved owner may appeal to the Appe­ llate Authority against the assessment and offer of such amount, within thirty days from the date of offer and the decision of the Appellate Authority shall be final and binding on the owner and the Authority. THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1987 917 Penalty for violation. 34. The Authority shall have power to impose- fine not exceeding five hundred rupees on any per­ son, firm or Corporation who violates, disobeys, refuses to comply with, cr who resist the enfor­ cement of any of the provisions of this Act. Continuation of the violation shall constitute a separate offence for which a fine of fifty rupees per day may be imposed for the days after the first conviction- An appeal shall lie to the Appellate Authority constituted under this Act. CHAPTER VI Development of lands and Development schemes. Declaration 35. (1) As soon as may be after the c o m m e n c ^ meltVarcM m ent °f this Act, the Authority may for the purpose and prepa-of implementing the proposals contained in the D’evdopment^aster plan, by notification in the Official Gazette, schemes, declare any area in the Guwahati Metropolitan Area to be a development area for the purposes of this Act and shall thereafter prepare one or more development schemes tor the development area. (2) Notwithstanding anything contained in sub­ section (1), the State Government may after making such enquiry as they may deem neceisary, by noti­ fication in the Official Gazette, declare any area in the Guwahati Metropolitan Area to be a develop­ ment area and shall thereafter, direct the Autho­ rity, or any Officer of the State Government or any local authority to prepare and submit for . their sanction before an appointed date, a scheme under this section for an area specified in such notification: Provided that, while preparing the scheme as directed by the State Government, the Officer of the State Government cr the local authority, as the case may be, shall prepare such schemejn consul­ tation with the Guwahati Metropolitan Development Authority. 91 8 T H E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .1 4 ,1 9 87 Provided further that the State Government or the Authority may, prepare a scheme in consultation with such other experts of consultancy if the State Government or the Authority, as the case may be, deem it necessary- (3) While preparing the scheme, the Authority, any officer of the State Government or the local authority, as the case may be, shall issue a notice inviting the names of all the . claimants of any in­ terest on any land or building within the area under the scheme, to be submitted within a period of not more than two months. (4) Save as provided in this Act, the Authority, the officer of the State Government or the local authority shall, not undertake or carry out any develop- > ment of land in any area which is not a develop­ ment area. DeveVme6 3 6 (1) A scheme may be made in accordance Scheni'̂ nientwith the provisions of this Act in respect of any land which is— (a) in the course of development ; (b) likely to be used for building and other purposes, or (c) already built upon. Explanation :—The expression ‘land likely to be used for building and other 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 incidential to a scheme whether in the nature of a building work or not. (2) Such schemes may make provisions for all or any of the following matters: — (a) The laying out or relaying out of land, either vacant or already built upon ; THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1 9 8 7 919 (b) the filling up or reclamation of low lying swamp or land or unhealthy areas or levelling up of land ; (c) the laying out of new streets or roads, construction, diversion, extension, alteration, impro­ vement and stopping up of streets, roads and com­ munications ; (d) the reconstitution of plots; (e) the construction, alteration or removal of buildings, bridges or other structures ; (f) the allotment or reservation of land for roads, open spaces, garden, recreation grounds, schools, markets, industrial and commercial activities, green belts and dairies, transport facilities and public purposes of all kinds ; (g) the undertaking of housing schemes for different income, groups, commercial areas, indus­ trial estates, provision of community facilities like schools, hospitals and similar types of developments; (h) drainage inclusive of sewerage, surface or subsoil drainage and sewage disposal ; (i) lighting ; ( j) water supply ; (k) the preservation and protection of objects of historical importance of natural beauty and of building actually used for religious purpose; (l) the imposition of condition 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 for which buildings or specified areas may or may not be appropriate, the sub division of plots, the discontinuance of ob­ jectionable uses of land in any area in reasonable periods, parking space and loading and unloading space for any building and the size of projections and advertisement signs; 920 TH E ASSAM G A Z E T T E , E X T R A - O R D IN A R Y , N O V .14,1987 (m) the suspension, to the extent necessary for the proper carrying c ut of the scheme, of any rule, bye-law, regulations, notification or order made or issued under any Act of the State Legislature or any of the Acts which the State Legislature is compe­ tent to amend ; (n) acquisition by purchase, exchange or other­ wise of any property necessary for or effected by the execution of the scheme ; and Contents of the Scheme (o) such ether matters not inconsistant with the objects of this Act, as may be directed by the State Government.\ 37. The Scheme shall contain, so far as may be necessary the following particulars:— (a) the area, ownership and tenure of all exi­ sting plots covered by the scheme; fb) the land allotted or reserved under clause (ij of sub-section (2) of Section 36 with a general indication of the uses to which such land is to be pi t and the terms and conditions subject to which such land is to be put to such uses; A, a full description of all the details of the scheme under such clause of sub-section (2) of Section 36 as may be neccsjary; (d) the hying tu to r relaying out of the land either vacant or already built upon; A) the filling up or reclamation of lowlying swarnp or land; A) tj,c extent Io which it is pre posed to alter the boundaries of the existing plots in accordance with the proposed scheme; (g, an estimate of the total cost of the scheme and the net cost to be borne by the Authority; (h) any other paiticulars which may be pre­ set i bed. THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1987 921 Recomti- 38. (1) In a scheme reconstituting the plots, plot scheme. the size and shape of every reconstituted plots, shall be determined, so far as may be to render it suitable for building purposes, and where a plot is already built upon to ensure the buildings, as far as possible, comply with the provisions of the scheme as regards open spaces. (2) For the purpose of sub-section (1) , the scheme may contain proposals— (a) to form a final plot by reconstitution of an existing plot by alteration of the boundaries of the existing plot, if necessary; (b) to fi rm a reconstituted plot from an exi­ sting plot by the transfer wholly or partly of the adjoining lands; (cl to provide, with the consent c f the owners, that two or more existing plots each of which is held in joint ownership or in serveralty shall there­ after with or without alteration of boundaries,be held in ownership in common as a reconstituted plot; (d) to allot a reconstituted plot to any per­ sons if dispossessed of land in furtherance of the scheme, and (c) to transfer the owneship of an existing plot from one person to another. PfbhCDe°ve (1) As s o o n a s m a y be, after the scheme iopmenteVC under Section 35 has been prepared, the Guwahati scheme. Metropolitan Development Authority, the officer of the Government or the local authority, as the case may be, shall publish the scheme in the Official Gazette and in one or more local news paper specifying the place or places where copies of the same may be inspected, and inviting objec­ tions in writing from any persons or claimants as referred to in sub-section (3) of Section 35, with respect to the scheme within such period as may be specified in the notice, which shall not be less than two months from the date of publication of the notice, in the Official Gazette: 922 TH E A S S A M G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 Provided that where it is expedient to do so, for the proper carrying out of the scheme, as referred to in clause (m) of sub-section (2) of Sec­ tion 36, the Guwahati Metropolitan Development Authority, the officer of the State Government or the local authority as the case may be, simulta­ neously with the publication of the scheme, shall submit copies of the notice and of the scheme to the State Government drawing particular attention to the provision in the scheme referring to clause (m) of sub-section (2) of Section 36 : Provided further that no such notice shall be required where land covered by the scheme has alrcad) been acquired and the execution of the sche­ me does not effect the interest of any person. (2) After the expiry of the aforesaid period, the Authority, the officer of the State Govern­ ment or the Local Authority, as the case may be, shall examine the scheme in the light of such objection, giving sufficient opportunity for hearing to all such nterested persons who have filed objec­ tions and demanded a hearing in the manner pre­ scribed, 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 for that purpose re­ asonable restrictions in the use of land and buil­ ding within the area. (3) After the Authority, the officer of the State Government or the local authority, has adopted the scheme, it shall be forwarded to the State Government for its approval and sanc­ tion, if so required under any rule prescribed, otherwise the scheme will come into force from the date the scheme is adopted- 40. On and after the day on which a scheme comes into force; ■ (a) all lands required by the Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the \uthority Ire ■ all from en­ cumbrances ; THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1907 923 (b) all rights in the existing plots whicn. have been reconstituted shall determine, and the re­ constituted plots shall become subject to the rights settled by the Authority; (c) the Authority shall handover possesiion of the reconstituted plots to the owner to whom these are allotted in the scheme. implement- 41. (1) The scheme shall come into force from - atio n of the the date as may be fixed by the State Government Shemwmentin sanctioning the scheme or from the date of adoption of the scheme as povided in sub-section (3) of Section 39, as the case may be and shall be implemented by the Authority itself or by such other authority as may be authorised by the State Government in that behalf. Amendments and Altera­ tions of the Develop­ ment scheme. (2) No person or body (including a department of Government and any local authority), shall within any area where a scheme has came into force erect or proceed with any building or work or remove and 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 may 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 rhe date of receipt of the application it shall be presumed that the permission has been given. 42. (1) If after the final scheme has come into force, the Authority, the Officer of the State Govern­ ment or the local authority, as the case may be, 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 withdraw the scheme and to publish the modified or withdrawn scheme in the manner prescribed in this Act. (2) The modification of the scheme shall state every amendment proposed to be made in the scheme and if any such amendment relates to matter specified 924 T H E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V. 14 ,1987 in any or all of the clauses of sub-section (2) of Section 36, the modification shall also contain such other particulars as may be found necessary. (3) The variation shall be open to inspection by the public at the office of the Local body or bodies as prescribed, covering the area during office hours. (4) Within one month from the date of publi­ cation of the modification, any person affected thereby may communicate in writing his objection to the Authority, the officer of the State Government or the local authority, as the case may be- (5) After receiving the objection under sub­ section (4) above, the Authority, the Officer of the State Government or the local authority, as the case may be, after making such enquiry as it may think fit, approve the proposed modification with or without any further modification thereof. (6) Such modification shall take effect as if itwere incorporated in the scheme from the date of its modi­ fication. (7) The Authority, the Officer of the State Government, or the local authority, as the case may be, shall thereafter submit the modified scheme to the State Government for sanction. The modified scheme shall be published after sanction in the manner as prescribed for the original scheme. Power to revoke «he Develop­ ment scheme- 43- (1) Notwithstanding anything contained in Section 42, a scheme may at any time be modified or revoked by a subsequent scheme made, published and sanctioned in accordance with this Act. (2) The State Government, at its own initiative or on the application 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 of the case, the scheme shall be so revoked ; THE ASSAM G AZETTE, E XT a'A - OR ■) I \ A R Y , NOV. 1 4 , 1 ^ 9 7 9 2 5 Provided that where revocation or modification is ordered by the State Government after partially or wholly implemented a scheme, compensation ihould be paid for the necessary alteration in the manner prescribed. Power of the 44. For the purpose of the Master Plan, the hurX'res°Land use and zoning Regulation and the scheme, trinion*. the Authority may impose reasonable restrictions on the use of the land and building including the regulating of the open space to be maintained around the building or buildings, the percentage of the plot area to be covered by building or buildings, the number of building or buildings on each plot, height and character of building or buil­ dings allowed in specified areas, the purpose for which building or buildings of the specified areas may or may not be used the sub-division of plots, parking space and loading and unloading space for any building and the size of projections and such other matters not inconsistant with the objects of this Act. p.v.>e«ion 45. (1) Where the Authority thinks that in the advMcl of interest of public it is necessary to undertake forth- Deveiop- w ith any of the works included in a scheme for a mem sei.e- p ^ j^ pU1pose, the Authority shall make an appli- " cation to the State Government that the land requi­ red for the scheme shall vest in the Authority (2) The State Government may, if satisfied that it is urgently necessary in the public interest to em­ power the Authority to enter on such land for the purpose of executing any of such work, direct the Authority by notification io take possession of the land. ■3) The Authority shall then give a notice in the prescribed manner to the person interested in the land, the possession of which is to be taken requiring him to give possession of the land to the Authv ritv or any person authorised by if in this behalf within a period of One month from the date of Service of the notice- and if no possession is delivered within the period specified in the notice, the Authority shall take possession of the land. Such land shall thereupon, notwithstanding anything contained in this Act, vest absolutely in the Autho­ rity free from all encumbrances. o8enforce 46- (1) If the Authority is opposed or obstructed in delivery to taking possession of the land under Section 45, it ofSSiand.n shall apply to the District Magistrate of the dis­ trict, with whose jurisdiction the land is situated, to enforce the delivery of the possession of the land to the Authority, the District Magistrate, shall take or cause to be taken such steps and use or cause to be used such force as may be reasonably nece­ ssary for securing the delivery of possession of the land to the Authority. (2) For the avoidance of doubt, it is hereby declared that the power to take steps under sub­ section (1) includes the power to enter upon any land or other property whatsoever. SnnPidSai 47.(11 Subject to the provisions of sub-section msnt oi into- (2), wherever possession of the land is taken by re<u the Authority under Section 45 or section 46 there shall be paid compensation the amount of which shall be determined by the Collector. In determi­ ning the amount to compensation, the Collector shall take into consideration the market value of the land for a period of five years preceding the date of issue of the notice under sub-section (3) of Section 45, and the amount of compensation payable shall be on the basis of the average mar­ ket value so arrived *t : Provided that the compensation for any buil­ ding standing on such land, shall be payable at the market value of the building on the date of issue of the notice under sub-section (3) of Section 45, (2) In the case of land with respect to which any settlement has been made tor special cultivation or which is included in any grant, if such land is lying fallow or uncultivated or is not utilised tor the purpose for which the grant or settlement was made or for the purposes incidential thereto, than the conipen-ation pavable fir acquisition of such land together with trees if anv, standing on it shall. THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14 , 1987 927 be an amount equal to ten times the annual land revenue which, on the date of issue of notice refer­ red to in sub-section (3) of Section 45, is or would have been payable if such land is or had been assessable to revenue at full rates : Provided that where any amount was origi­ nally paid to Government by the grantee as price or premium for the land, ar additional amount equal to the amount originally paid by the grantee shall also be payable. Explanation:—‘‘Special cultivation” means cul­ tivation which involves, either owing to the nature of the crop or owing to .he proces of cultivation, a much larger expenditure of capital per acre than is incurred by most of ti c cultivators in the State, and includes cultivation of tea- (3) When the compensation has been determi­ ned under sub-section (1) or sub-section (2), the Collector shall make an award in accordance with the principles set out in Section 11 of the land Acqui­ sition Act, 1894 (Act I of 1894), but no amount referred to in sub-section (2) of Section 23 of that Act shall be included in the award- (4) Where any person aggrieved by an award made under sub-section (2) makes an application requiring the matter to be referred to the Court, the Collector shall refer the matter to the decision of the Court. (5) Where possession of the land is tak. n by the Authority under Section 45 or Section 46, the person interested in such land shall be entitled to interest at the rate of 12 percent per an: uni on the amount of compensation payable to him under this section in respect of the said lard from the date on which s cli possession is taken till date on which the amount of compelisaioti is paid to him by the Authority. E xpln-ip thsa: — t i ' ‘‘Coll; c ior", ” and * -ii xi ‘per­ son in te rested '’ have (he sum. m eaning as in the I.an Acquisition Act. 1894 (Act 1 o f 189-! ; (ii) Land for the purpose-of this Act included trees, build tigs and standing crops on it, and casement. 928 T H E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .1 4 ,1 9 8 7 Power of 48. (i) o n a nd after the day or which a ‘it't>u eXt scheme cc mes into ft roe, any person continuing to ■ummariii/. occupy any land wliicJi he is net entitled to occupy under the scheme may, in accordance with the prescribed procedure, be summarily evicted by the Authority or by any of its officers authorised in that behalf. (2) If the Authority is opposed or obstructed in evicting such persons or ̂ taking • possession of land from such persons, the District Magistrate, within whose jurisdiction the land is situated, shall on the application o f ’the Authority, enforce the eviction o f such persons or secure delivery of possession of- the land to the Authority. rwer. to 49J fl) On and after the day on which the r ferce notice of a scheme has been published under Section fcLewe. gg, Authority m ay, a ft e r giving the prescribed ' notice,— (a) remove, pulldown, or alter any building or other work in the area included in the scheme which contravenees the scheme or in the erection of wihch or carrying out of which, any provision of the scheme has not been complied with; (b) execute any work which it is the duty of any person to execute under the scheme, in any case where it appears to the Authority that delay in the execution of the work would prejudice the efficient operation of the scheme. (2) Any expenses incurred by the Authority under this section may be recovered from the owner o f the existing plot in the manner provided for the recovery of sums due to the Authority under the pro vision of this Act- (3) If any action proposed to be taken under sub-section (1) of this section, by the Authority is questioned, the matter shall be referred to the State Government or any officer authcrised by tat State Government in this behalf; and the decision of the State Government or of the officer, as the case may be, shall be final and binding on ail persons. THE ASSAM GAZETTE, E X T ^U O R D IN A R Y , NOV. 1 4 , 1 9 6 7 929 Au?tborit to 50. Where any area has been developed by the require'iocai Authority, the Authority may require the local «ssumelres° *u thority within whose local limits the area so po^Xih” ’ developed is situated, to assume responsibility for for amenitie»t ije maintenance of the amenities which have been cases?r 'dIn provided in the area by the Authority and for the provision of the amenities which have not been provided by the Authority but which in its opinion sho- uld be provided in the area, on terms and conditions agreed upon between the Authority and that local authority ; and where such terms and conditions cannot be agreed upon, on terms and conditions settled by the State Government in consultation with the local authority on a reference of the matter to that Government by the Authority, CHAPTER V Koad and Streets width or 51.(1) The Authority shall,from time to time with the public streets 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 building abutting thereon may be erected and other similar considerations. (2) The width of a new public street shall not be less than that prescribed in sub-section (I), or that shown on the Master Plan for the class to which it belongs in areas for which Master Plan has been prepared. Power to 52. The Authority may prescribe a line on s P"ertriKnc one or both sides of any public street, provided a public notice of the proposal has been issued by the Authority in the prescribed manner. No person shall construct or reconstruct any portion of any building on land within, the prescribed new street line. 930 T H E A SSA M G A Z E T T E , E X T R A - O R D IN A R Y , N O V .14, 987 ouiidmb 'to 53.(1) If any building or any part of a bud- the pTeicri- ding abutting on a public street is within such street ijn c o f the street, the Authority may require such building to 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 addi­ tion to or structural alteration in any portion of such building which is within the regular line of the street. (2) When any building or any part thereof within the prescribed line of the street falls down or is burnt down or is taken down, under the provisions of this Act or otherwise, the Authority may at once take possession of the portion of land with n the prescribed line of the street previously occupied by the said building and if necessary, clear the same. (3) Land acquired under the foregoing sub­ sections shall, henceforward be deemed to be a part of the public street. cquisition 54. If any private land whether open Or en- wbhindthe c l°s e d lies, within the prescribed line of a public ime of str-et street and is not occupied by a building or if a platform, verandah, steps, compound wall, hedge or fence or other structure, is within the line of such street, the Authority may, after giving the owner of the land or building a notice of the in­ tention to do so, take possession of the said land with its enclosing wall, hedge or fence, if any, or of the said platform., verandah, steps, or such Other structure as aforesaid or of the portion cf the said pintform, verandah, steps or other such structure as aforesaid which is within the prescri­ bed line of the street. Requisition. 55. if a building or land is partly within the ningpart’of'prcscribed line of a public street and if the Au- andd!and ^oritv ,s satisfied that the land remaining after after their the exclusion of the portion within the said line tMn’â re*" n o t s u it a ble o r f°r construction of inde- cribedPii” " pendent building, the Authority shall acquire the of the street r e m a jn jn s r portion . of the land if so desired by the are acquired. o i jowner. THE ASSAM G A Z E T T E , EXTH A-(;H.'J I A - Y , I X , ' <33) c h a p t e r VI Acquisiticn ci land Sta7'r g°- Where on the representation c f the Authc- vemnient ferity it appears to the State Gcvernmcr.t that in «cquireiand.f ,rC!e r enable it to execute the scheme it is nece­ ssary that land within, adjoining or surrounded by any such area should be acquired, the State Govern­ ment may acquire the land by publishing in the Official Gazette, a notice to the effect that the State Government has decided to acquire the land in pursuance of this section. Proceeding 57. qj '[he provision of the Land Acquisition Hon of hnd!" Act, 1894 (Central Act ‘ <o- I of 1894 as amended) shall be applicable for acquisition of land under this Act and the compensation shall be computed under the provisions o f the same Act. (2) In computing compensation for land acqu­ ired, the valve will be market value as prevailed on the date of coming into force of this Act. (3) The owner of the lands will also be enti­ tled to the reasonable cost of development, if any made during the period- (4) Twenty five per cent increase in value on the date o f acquisiticn of the land. (5) Where ‘any such land has been acquired by the State Government it may, after it has taken possession of the land, transfer the land to the Authority for the purpose for which the land has been acquired on payment by the Authority of the compensation awarded under that Act and cf the charges incurred bv the State Government in conne­ ction with the acquisition. oispoiing 58. Subject to the rules made under this Act, of land. Authority may retain, lease, exchange or other­ wise, transfer any land acquired by it under this Act: 9 J 2 T H E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 Provided that in case of lease or transfer the owner will get first priority if due to acquisition he becomes landless. Provisions of private nego­ tiation before 59. (1) The Authority may, in the first instance make reasonable efforts to purchase any land by compulsory private negotiation, acquisition. x ° (2) In case of failure to purchase t]ie land by private negotiation within a specified time, the said land shall be compulsorily acquired. (3) Nothing in this section shall, however debar the' State Government or hie Authority from com- pi.lsoyjly acquiring any land without prior private negotiation. Payment t° 60. AH payment due to be made to any person by the Authority under this. Act, shall so far as possible, be made by an adjustment in respect of the plot concerned or of any other plot in which he has an interest an I failing such adjustment pay­ ment shall be agreed upon by the parties. Sarkari land. 61. (Q Tj e State Government may by notifi- cition in the Official Gazette and upon such terms and conditions as may be agreed upon between the State Government and the Authority, place at the disposal < f the Authority all or any developed and undeveloped lands in Guwahati Metropo­ litan area vested in the Government of Assam (kru.wn and liure-in-aficr referred to as “ Sarkari lands” ) fi r the purpose of development in accor­ dance wilts the piovisic ns < f this Act. (2) No dcvcli pment of any Sarkari land shall be undertaken or carried < lit except by, c>r under the control and supervision of, the Authority after such land has been placed at the disposal of the Authority under sub-section (1). THE ASSAM G A Z ET T E , EXTRA-O RDIN ARY, NOV. 1 4 , 1937933 (3) After any such Sarkari land has been de­ veloped by, cr under the control and supervi­ sion of the Authority, it shall be dealt with by Authority in accordance with rules made and di­ rections given by the State Government in this behalf. (4) If any Sarkari land placed at the disposal of the Authority under sub-section (1) is required at any time thereafter by the State Government, the Authority shall, by nc tificatic n in tl e official Gazette, replace it at the disposal of the State Go­ vernment upon such terms and conditions as may be agreed upon between the State Government and the Authority. Power of the 62. Notwithstanding anything contained in sub- to'deveiop section (4) of Section 35, the Authority may, if land in non-f it is of opinion that it is expedient to do so, un- arca.°prnent dertake or carry out any development of any land which has teen transferred to it or placed at its disposal under Section 57 cr Section 61 even if such land is situattd in any area which is not a development area. CHAPTER VII Compensation and Levy, Betterment and Development Charge. Right to Compensa­ tion. 63. Any person whose property is injuriously affected in value by the making of a Scheme shall, if he makes a claim for the purpose within a pciiod of three months after the date of publication of a notification sanctioning the scheme under Section 39, be entitled to obtain compensation in respect there­ of from the Authority. No ygi't 64. A person shall rot be entitled to obtain piniithn. con ptnsat en under the foregoing section on account of any building erected on ci contract made cr other thing dene with icspect to any land wilhin the area it eluded in a scheme after the date of the notification of the seleno under Section 35 9 3 4 T H E AS SAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 Provided that this provision shall not apply to any building erected, contract made or other tiling done in accordance with the permission gran­ ted under Sections 23 and 41 of this Act. Governm- t 65. (1) No compensation shall be payble in ^exclude1 respect of any property which may be injuriously compensation affected by rutting into- operation of any provision casesr ain of the scheme which (a) prescribes the space about buildings ; or limits the number of buildings ; or (c) regulates the size, height, design or external appearance of buildings ; or (d) prohibits or restricts building operations permanently or temporarily on the ground that erection of building 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 provisions for roads, sewers, water supply or other public services ; or (e) Prohibits or restricts the use of land or a building for a purpose which may involve danger or injury to public hygiene or the health of the occupants or their neighbours or for a purpose which is against lhe public policy or public morals ; or (f) in the interests of Safely, regulates the heigfh arid position of proposed walls, and • building fences or Hedges near the corners or berths of roads ; or (g) m the case o f d he erection of any buil­ ding intended to be used for purposes of business or industry, requires the provision of parking the Vehicles. (2) No compcnsatio shall be payab'ic for refusal of permission to make any alteration in any building which is not in conformity with the use sr>m:ificd in the plan or in the scheme THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1937935 Right of 66. The o w i ier of any land which is to be require Au- acquired for purposes or a scheme may,at any thonty to t'me a fte r the sanction of the scheme by the Govern- purchase ment, by a written notice to the Authority Jand. jn the prescribed manner, call upon it to acquire or purchase the land in so far as the land is to be acquired by tbe State Government or the Authority (2) Tf within six months of the services of the notice under sub-section fl), the land is not purchased or acquisition proceedings are not star­ ted, 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. Levy of be- tterinent fee. G7. value a pin such fee:% (1) Fve-y property which has increased in due to its inclusion within an area under •n or a sch me or due to the execution of schemes shall be charged with a bcttrnient Provided that no such fee shall be levied in respect of the lands owned by Government and on such public land or building as are used for charitable, religious and educational purposes or for places of non-professional entertainment and recreation. Government has been let out any person, then the land and thereon shall be subject to a Provided further that when any land belonging to bv Government io itn building situated betterment tec under this section. (2) 1 he betterment fee shall be an amount equal to twenty percent in case of residential holdings so long the original owthrs use for their residences and equal to fifty percent in case of non residential areas and will be realised in five equal instalments. EXPLANATION: -The increase in value fit the purpose of this section shall be the increase in th-, market prices in between the date on which 9 36 T H E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 a notification under sub section (1) of Section 35 has been issued and the date on which the execution of the scheme has been substantially completed- Appeal. 68. (1) Any person aggrieved by the decision of the Authority with respect to matters of compensa­ tion and bettermeat 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 propvriy together with any building or other works that may exist thereon- (3) The Authority shall thereupon acquire the property. Jevelomnt In accordance with the provisions of this charge?™6" Act, and the rules made thereunder and with the previous sanction of the State Government, the Authority shall, by notification published in the Official Gazette, levy a charge ( herein-after called tie development fees) on the carrying out of any development er change of use of land for which permission of the Authority is required at the rate prescribe 1 in the rule : - (2) The fees shall be leviable on any person who undertakes er carries out such development or changes any such use. (3) Notwithstanding anything contained in sub-sections (I) and (2), no development fees shall be levied on development or change of use of .my land vested in or under the control or posse­ ssion <T the Central Government, the State < overnmeut or any local authority. T H E A S S A M G A Z E T T E , E X T S A - O d D I N A R Y , N O V . 1 4 , 1 9 B 7 9 3 7 (4) The State Government may, by rules, provide for the exemption from the levy or development fees or/ any development or change of any use of any land specified in the rules. (5) (i) For the purpose of providing and maintaining any amenity, the Authority may also 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 ether law in force, in respect of ai y land < r building on the transferee or occupier thereof. (ii) Where any transferee or occupier makes any default in the payment of any fee levied under clause (1) of sub-sectien (5), the Authority may direct that in addition to the amount of the arrears, a sum cf not exceeding that amount shall be recovered from the transferee- or occupier, as the case may be, by way of penalty. (iii) In case of any default in payment, of an amount payable under this Act, the < utstanding amount in default together with at.y sum, if any directed to be paid by way of penalty under clause (ii) of sub-seciion (5) may be recovered from the transferee or occupier, as ibe case may be, in the same manner as ai rear of land revenue. Rc.ump- 70.111 case o f non payment o f consideration money flMi of • i , r i j r rland or o r insta.mcnt Uicrcol t n account of die transfer <)t luii-'in;; any L n d or bu ild ing or any rc " t due iu respect o f the lease o f any such land or im jid ing o r in case <■>!' (he B ouck o f any other conditions of.such transfer or breach o f any ru'es n i.de under the Act, the A u th o rity may i f th icks lit, resume (he and o r bu ild ing so transferred and may fu rther fo rfe it t he whole or any part o f the mom v i f any, paid in respect thereof. 9JL& TH E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 CHAPTER VIII Appeals A p p o in t­ m ent of Appe lla te A u th o rity . 71. (1) Government to hear all of this Act- The decision shall be final. Save as otherwise provided, sha’i appoint an appeal arising < of Appellate the State Appellate Authority out of the provisions Authority (2; The person or persons appointed by the State . Government as Appellate Authority shall have the qualification of a District Judge, or of becoming a member of the z\ssam Board of Revenue constituted ur.der the Assam Boards of Revenue Act, 1962, (Assam Act-XXl of 1962). The appointment shall be on such terms and conditions as the State Government mav decide. ■ 72- (1) The duties and powers of the Appellate ; follows:—Authority shall be as (a; (b) •5- to hear and decide ap 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 Govern­ ment in accordance this Act- with the provisions of Appellate Authority month from the date of the order appealed against. The time required f i r 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. (2> shall All appeals to the be filed within a order appealed against. The Procure 7 '• (I) The Appellate Authority sb,all conduct its ®f w-rka.g procedjnes in the prescribed manner after giving Ar’i -bX- the opposite party or any one interested in the Auu.., iiy. order appealed against and give opportunity of being heard- 5 i THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1987 939 (2) The Appellate Authority may, at anytim e call for any extract from any proceeding of the State Government or Authority and call for any return or statement or report concerning or conn­ oted 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 or enforcing the atten­ dance of witnesses including the parties interested or any of them and compelling the production of documents and material objection if considered necessary. (4) T he Appellate Authority in its discretion may make any orders regarding the cost to be paid by any of the parties to the proceeding and the Appellate Authority shall have full power to deter­ mine 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 Autho - rity shall be realised as arrears pt land revenue. Place vvh etc Appellate Authoi ity may 'it. Right to appear by recognised agent. 74, The Appellate Authority may sit either at the Head Quarter of the Guwahati Metropolitan Development Authority or at any other place within the local limits of his jurisdiction whieh he may deem convenient for the consideration and decision of any matter before the Appellate Autho­ rity. 75. Every party to any proceeding before the Appellate Authority constituted under this Act, shall be entitled to appear either in person or by his agent authorised in writing in this behalf. Protection 76. (1) No suit, prosecution or other legal pro- ukrn'under ecedings shall lie against any person for anything this Act. which is in good faith done or intended to be done in pursuance of this A ctor any order made thereunder. (2) Save as otherwise expressly provided in this Act, no suit or other legal proceeding shall lie against the State Government for any dam age 940 TH E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 caused or likely to be caused by anything in good faith done or intended to be done in persuance of this Act or any order made thereunder. CHAPTER IX Finance, Accounts and Audits. Fund of the 77. (I) The Guwahati Metropolitan Dexelop- Metropoihan merit Authority shall have and maintain its own Development fund to which shall be credited— Authority. (a) all money received by the Authority from the State Government by way of grants, loans, advances or otherwise; (b) all development charges or other fees recei­ ved by the Authority under this Act or rules or regula­ tions made thereunder; and (c) all money received by the Authority from any other sources. (2) The Authority may keep in current account in any nationalised Bank approved by the State Government in this behalf, such portions of each fund as may be prescribed and any money in excess of the said sum shall be invested in such manner or may be approved by the State Government. 78. The Stale Government may make such grams, advances and loans to the Authority as it may deem necessary for the performance of the functions under this Act and all such grants, advances and loans made shall be on such terms and conditions as the State Government may determine. 79. ( I) The Guwahati Metropolitan Develop­ ment Authority constituted under this Act shall be deemed to be a local authority as defined in the Local Authorities Loans Act, I9I4 (Central Act. I \ of I9I4) -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 authoiised to carry cm. Grants, ad­ vance and loans by State G o­ vernment. Powers borrow money. THE ASSAM G AZETTE, E X T R A -O R D IN A R Y , NOV. 14, 1987 941 (2) 'he Authority may, front time to time, bor­ row money by way of loans or debenture from such sources issue debenture at such rate of interest and for such period and upon terms, as the State Govern­ ment may approve, any sum of money required for carrying out the purposes of this Act or servicing any loan obtained by it. f.iG;" SO. The receipt of the Authority under this Act shall form a separate development fund and all ex­ penditure under this Act or any development scheme thereunder, shall be defrayed out of such fund. No portion of the fund shall, except with the sanction of the State Government, be expended for purposes not -provided by this Act. Siiikinx SI. (I) The Authority shall maintain a sinking r,!J- fund for the repayment of money borrowed or floa­ ted or issuing debenture by it. (2) The monev paid into the sinking fund shah be invested in such manner and in such sueurities as' may be prescribed. (3) The sinking fund or any part thereof shall be applied in or towards, the discharge of the loan or part thereof for which such fund is created and until such loan or part thereof is wholly discharged, the monev standing to the credit of the fund shall be applied for no other purpose. Budwtofthe 82. The Authority shall prepare every year in Authority, such form, a budget of the Authority in lespect of the next financial ear, showing the estimated re­ ceipt and expenditure under revenue head and capi­ tal head separately, and submit it to the State Government not later than fifteenth of February each year or as may be directed by the State Government for approval. Accountsand 83. (I The Authority shall maintain proper a .du. accounts and other relevent records and prepare and annual tatement of account including the balance sheet in such form as may be approved by the State Government. (2) The accounts of the Authority shall be sub­ ject to Audit annually by the Accountant General 942 T H E A S S A M G A Z E T T E , E X T R A - O R D IN A R Y , N O V .14,1987 Assam. The accounts of the Authority along with die Audit Report shall be placed before the State Legislature. Annua! 84. As soon as may be after the close of a year, tp<jrtb" t he Authority shall prepare a report of each activi­ ties during the preceding year and submit it to the State Government in such form and on or before such date as may be prescribed Legal proceedings. CHAPTER X Legal proceedings Penalty for 85. (n Any person who, whether at his own ins- s development tance or at the instance of any other person, o t b e r v t ^ commences, undertakes or carries out development, ti>'enr in con -or charges use of any land or building, forrnity w i t i i the Master ‘ Plan and scheme. (a) in contravention of the provisions of the Master Plan and Zoning Regulation and of any development schemes ; (b) without permission as required under this Act ; (c) in contravention of any condition subject to which such permission has been granted; (d) after the permission for development has been revoked under Section 33 ; or ( u 'i in contravention of the permission which has been modified under Section 33 ; dvd ; h . punishable under this section. THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1907 943 (2) In 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 provi­ sion of the Master Plan or the scheme within a time to be specified in the notice. (3) If after such time any such person under sub­ section < 1) continues to neglect or cause a breach of any specified provision, such persons shall be prosecuted and no conviction by a Magistrate be puni­ shable by any or all of the following :— (i) with fine which may extend to five thousand rupees with or without- simple impri­ sonment not exceeding a period of six months. (ii) if the breach , neglect or failure continues after such conviction with fine which may extend to two hundred and fifty rupees for every day during which the breach, neglect or failure continues after the first convictions. 86. If a notice has been given under this Act to a person requiring him to execute a work in respect of ’9 any property, moveable or immoveable or to provide vl!’ or"do or refrain from doing anything with in a time specified in the notice and if such person fails to comply with such notice, then the Authority may caused 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 lhe said person as an arrear of land revenue. toPower execute works failure comply with notice. on Power to 37 (]) Where any development in any areas has ment'lc ° O|"been commenced in contravention o f the Master Plan or Development Scheme or without the permis­ sion, approval or sanction referred to in Section 25 and Section 30 or in contravention of any conditions subject to which such permission, approval or sanc­ tion has been granted, the Authority may, in addilion 944 THE ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 to any prosecution that may 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 disconti­ nued 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 com­ menced 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. (3) After the requisition under sub-sectiori (2) has been complied with, the Authority may depute by a written order a Police Officer or an Officer or an employee of the Authority to keep a -watch on the place to ensure, that the development is not continued. (4) The provision of this section shall be in addition to and not in derogation of, any other pro­ vision relating to stoppage of building operations contained in any other law' for the time being in force. Power of de- 88. (i) Where any development has been com- building. menced or is being Ccirned on or has been com- pleted in contravention o£ the Master Plan or Development Scheme or without the permission approval or sanction referred to in Section 25 and Section 30 of the Act or in contravention of any conditions subject to which such permission, approval or sanction has been granted the Autho­ rity may in addition to any prosecution that may be instituted under the Act make an order direc­ ting that such development shall be removed by demolition, filling or otherwise by the owner, occupier, manager or by any person at whose’in­ stance the development has been commenced or is being carried-out or has been completed within such period not being less than five days and moiv than thirty days from the date on which a copy THE A55AM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1987 945 of the order of removal with brief statem ent of the reasons thereof has been delivered to the owner, occupier and manager or the peison at whose instance the development has been com­ menced or is being carried out or has been com­ pleted as may be specified. in the order and on his failure to 'com ply with the order, the Authci iy may remove 01 cause to be removed the develop­ ment and the expanses of such removal shall be recovered from the owner, occupier, m anager or any person at whose instance the development was commenced was being carried out or was com­ pleted as arrears of lar.d revenue provided that no such order shall be made unless the ownet, occupiei. manager o. the person concerned has been given a reasonable opportunity to show cause why the order shall not be made. (PJ The provisions of fhis Section-shall be in addition to and not in derogation of/any ° th t ■■ provision relatn.g to demolition of buildings contained in any other law for the time being in force. (3) No. compensation shall be claimed by any person for any damage which he mav sustain in consequence of the removal of any development under this Section or the discontinuance of the development under Section 87 of this Act. <o< ^9- When default is made by the owner of a v' .h,, building or land in the execution of any work re- ln. <* l ' ;< *’f quired under this Act to be executed by him, the occupier of 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 ab­ sence of any contract to the contrary, be paid to him by the owner, or the amount mav be deducted out of the rent from time to time becoming due firm him <0 such owner. ’>0 ( |) If after rccei'iiw information of the irten- ; ’ ■r i live of the owner of any building or land to lake ’ anv action in respect thereof in compliance with a 946 T H E ASSA M G A Z E T T E , E X T R A - O R D IN A R Y , N O V .14,1987 notice issued under this \ct. the occupier refuse io allov/ such owner to take action, the owner, may apply to the District Magistrate. (2) The District Magistrate upon proof of such refusal, may make an order in writing requiring the occupier to allow the owner to execute ail 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 ordei. (3) If after the expiry of eight days from the date of the Magistrate's order, the occupier conti­ nues to refuse to allow the owner to execute such work, the occupier shall be Hable, upon conviction to a fine which may extend to rupees two hundred lifty for every day during which he has so continued to refuse. (4) Every owner, during the continuance ofsuch refusal shall be discharged from any liability on acco­ unt of such breach or default. Rest°v'fw °f When the occupier of a building or land in sy’ih'- X - compliance with a notice issued under this Act pier- executed a work for which the owner of such buil­ ding or land is reasonable, 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 re­ cover from the owner by deduction from the rent payable by him or otherwise the reasonable cost of such work. Penally lot obM ivcting’ ontraf lor or . eceiving work. 92. (a) If any person obstr lets or assaults any person with whom the Authority has entered into a contract for the perfor­ mance or execution by such person o f ’his duty or of anything which he is em­ powered or required to do under th’ 4 t or (b) removes any mark set up for the purpose of indicating any level or direction acce­ ssary to the execution of works autho­ rised under this Act, shall be punish.,Me TH E A S S A M G A Z E T T E , E X T R A - O R D IN A R Y , N O V . 1 4 , 1 9 8 7 947 with fine which may extend to five hun­ dred rupees or with or without simple imprisonment for a term which may ex­ tend two months. en, 93 Every Officer .and servants of the Authority sn-.pb’- ’nt and every other Officer employed by. the State to be: Public Government for the purpose of this Act, shall be " deemed to be a public servant with in the meaning of Section 21 of the Indian Penal Code ((Central Act No. 45 of 1860). & p.iniuirae, t 94. Any officer or servant of the Authority or of n-.aiici-tbe Government who wilfully or negligently abuses sc °f any power conferred on him by or under this Act, shall be punishable with imprisonment which may extend t< six months or with line which may extend to five hundred rupees or with both: Provided that no proscution shall be instituted under this section- (a) unless the previous sanction of the Autho­ rity or the state Government as the case may be has been obtained : (b) until the expiry of two months notice in writing has been given to the person con­ cerned clearly stating the cause of action and the nature of relief sought, etc. ■< suit 95 ( |j \ o s u jt) prosecution or other proceeding ‘in’X ’- shall lie against the Authority or any officer or ser- rur eves. v a n l thereof or any person acting under their direct­ ion or any Government Officer m servant employed for the purpose 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 seivant of the Autho­ rity -r any G' mrrnnent Officer or servant employed for the purmse.s of this Act for anything done under thh Aw, i) unless the previous sanction I the Autho­ rity of the State Govermmml as (In case mav l-c, has been obtained ; and 9 *8 T H E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1967 (b) until the expiry 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. Restriction 96. No Officer or employee of the Authority shall any legal proceedings to which the Authority is officer and not a party be required to produce any register of document the contents of which can be proved under i*ati. 11 Section 108 by a certified copy, or to appear as wit­ ness to prove the matters and transactions recorded therein, unless by order of the Court made for special cause. Power of 97. The Authority or any person authorised in Authority to this behalf shall, subject to rules framed under this institute pro- ’ J ceediog etc Act have powers to— and to take legal advice. (a) institute, defend or withdraw from legal proceedings under this Act ; (b) compound any offence against this Act before the matter is referred to the court; (c) admit, compromise ; or withdraw any claim made under this Act, 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 pur­ poses, referred to in the forgoing clauses of this section for securing the lawful exercise or decharge of any power or duty vested in or imposed upon the Authority or any officer or servant of the Authority. (2) The composition of an offence under sub­ section (1) shall have the effect of an order of acquital. Power to 98. For the purpose of this Act, the Authority oVwit OT a n °®c e r appointed under the provisions of nSTetc.*" this Act to discharge the function of the Autho­ rity or the appellate Authority may summon and enforce the attendance of witnesses including the THE ASSAM GAZETTE, EXT TA-ORDI NARY, NOV. i4 , 1987 949 parties interested or any of them and compel them to give evidence and compel the production of do­ cuments by the same means and as far as possible in the same manner as is provided in the case of Civil Court by the Code of Civil procedure, 1908. Power and 99- Every Police Officer, Mauzadar or Officer of n̂ icein res- ô c a ’ authority shall give immediate informa- pect of often- tion to the Authority of an offence to his know- ces and assis- which has been committed under this Act hority. and shall be bound to assist all members, Officers and servants cf the Authority in the exercise of their lawful authority. 10G. fl) If the person committing an offence under this Act is a company, ev ry person who, at the time the offence vas- committed, was in-charge of, and was responsible to, the company for the con­ duct of its business as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished ac­ cordingly. Provided that nothing contained in this sub­ section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his kn< wFdge or that he exercised all due diligence to prevent its commission. f2) Notwithstanding anything contained in sub­ section N), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the con­ sent or connivance oi, or is attributable to any neglect on the part of any director, manager, sec­ retary or other officer of the company, such direc­ tor, manager, secretary or other officers shall be liable to be proceeded against and punished ac­ cordingly. Explanation For the purpose ol the section (a) “ Company ” means a body corporate and in­ cludes a firm or other association ol individuals; and •' I 950 THE ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987 (b) ‘'director” in relation to a firm means a partner in the firm. th^lS^not No order made in exercise of any power t» be gues- conferred by or under this Act shall be called in m the question in any court except as provided in this Act. Validation of acts and proceedings. 102. (1) No act done or proceeding taken under , this Act shall be questioned on the ground merely ’ of— (a) the existance of any vacancy, initial or subsequent, in or any defect in the cons­ titution of the Guwahati Metropolitan Development Authority; (b) any person having ceased to be a member; (c) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or (d) any omission, defect or irregularity not affecting the merit of the case. (2) Every meeting of the Authority shall be presumed to have been duly convened and to be free from all defects and irregularities- Mode of 103. Any money due to the Authority on moneysy due account of fees or charges, of from the disposal to Authority, of lands, buildings or other properties, moveable or immoveable, or by way of rents and profits may, if the recovery thereof is not1 expressly provided for in any other provision of this Act, be reco­ vered by the Authority as arrears of land revenue. X X hnd 104. Any land required, reserved or designated under the jn a Master Plan or a Development Scheme under K AAcn''this Act shall be deemed to be land needed for a public purpose within the meaning of the land Acquisition Act, 1894 and may be acquired under the said Act. S’ 1 ' ' ■ F 951THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14 , 1987 onStriw'ror 105- (! ' Notwithstanding anything container a" k>ca?r ° in any law for the time being in force, no rule, authority to regulation or bye-law shall be made or amended KguUt̂ nT by a local authority in respect of matters specified or bye-laws in sub-section (2) unless the Authority, upon consi- certamema°t-deration of such rule, regulation o r bye-law, certi- ers- ties that it does , not contravene any of the pro­ visions of the Master Plan or development Scheme. (2) The matters referred to in sub-section (1) are the following, namely:— (a) water supply, drainage and sewerage disposal ; (b) erection and re-erection of buildings in­ cluding grant o f building permissions, licence and imposition of restriction on use and sub-division of buildings; (c) Sub-division of land into building sites, roads and lanes, recreational site for community facilities; and (d) development of land, development Schemes, and housing and re-housing Schemes- CHAPTER XI Supplementary and Miscellaneous Provisions, cnuy" °r 106. (1) For the purpose of making or execution o f any Scheme, any officer of the Authority authorised in this behalf O’­ Persons appointed by the State Government, their subordinates may enter into or upon any land or building with or without assistance or work­ men for the purpose of - (a) making any enquiry, inspection, measure­ ment or survey or taking levels of such land or building ; J THZ ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1987953(3) Any person who obstructs the entry of a person empowered or authorised under this Sec­tion to enter into or upon any land or building or molests such person after such entry shall, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or. with both. Service of Notices. 107. A ll documents including bills, notices and orders required by this or any rule or regula­tion made thereunder to be served upon or issued or presented to any person shall, save as otherwise provided in this Act or rule or regulation, be effected.(a) by giving or tendering the said document to such person; or'(b) if such person is not found, by leaving such document at his last known place of above or by giving or tendering the same to some adult member or servant of his family; or(c) if his address else where is known, by for­warding such documents to him, by registered post under a cover bearing the same address; or(d) if none of the means as aforesaid is available, by causing a copy of such document to be affixed on some conspicuous part of the land or building, if any, to which the document relates. Public notice 108. Every public notice given under this know' ^01 o r r u ê s o r regulations made thereunder shall be in writing over the signature of such officer who may be authorised in this behalf by the Authority and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality, or by preproclaiming the same by beat of drum or by advertisement in a local news­paper and by such other means which the Autho­rity thinks fit. 9 5 4 T H E ASSAM G A Z E T T E , E X T R A -O R D iN A R .Y , N O V .14,1987 tLnof orders 109. permissions, orders decisions, notices and docu- and other documents of the authority shall be GuwSah au authenticated, by the signature of such officer of Metropolitan the A uthority as m ay be authorised by the Autho- Amhorit“ e n t r i t y i n t h i s b e h a l f - of Re- HO- & copy of any receipt, application, cords of the plan, notice, order, entry in a register, or other Metrô oihan document in the possession of the A uthority, if ALVthonment d u ly authenticated by the person authorised by utionty. A uthority, shall be received and admitted as evidence of the m atters and transactions therein recorded to the same extent, as the original entry or document would, if produced, have been admis­ sible to prove such matters. ofdSumcX H l- (1) Nothing in the Indian Registration Act, plant orl908 (Central A ct No.XVI of 1908) shall be deemed Lection1 with*0 require the registration of any documents, scheme, plans or map prepared, made or sanctioned in con­ nection w ith a scheme which has come into force. (2) A ll 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 A ct X V I of 1908), be deemed to have been and to be registered in accordance w ith the provisions of that Act. Formal de- . fectsinasse- 112. No assessment list or other list, notice or dLmamds and°^^e r s u c b document specifying, or purporting to specify w ith reference to any charge, or fee. any person’s property thing or circumstances shall be invalid only by reason of a clerical or technical m istake in the name, residence, place of business or occupation of the person or in the description of property, thing or circum stances and if shall be sufficient if the person, property, thing or circums­ tances is described sufficiently for the purpose of identification, and it shall not be necessary to name the owner or occupier of any property liab ’ e in respect of the charge. THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1Q67 955 Power of Au- 113. The A uthority shall be competent to matey agree-make any agreement w ith any person in respect ments- of any matters, which is to be provided for in a scheme and, unless it is otherwise expressly pro­ vided therein, such agreement shall take effect on and after the day on which the scheme comes into force. Realised7o hb£ 114. A ll fines realised in connection with pro­ paid to thesecution under this A ct shall be paid to the G uw a- Meuopohtanh a t i M etropolitan Development A uthority. Development Authority. Decision of 115. Should a dispute arise between the nveen,e S a u - A uthority and any other local authority on any thorities. m atter in which they are jointly interested, such dispute shall be referred to the State Governm ent whose decision shall be final. th e ' t r ° state 116. (1) The A uthority shall carry out such Government, directions as may be issued from time to time by the State Governm ent for the efficient adminis­ tration of this Act. (2) If in, or in connection with, the exercise of its powers and discharge of its functions by the A uthority, any dispute arises between the A utho­ rity, the local A uthority and the State G overn­ ment, the decision of the State Governm ent on such dispute shall be final. Returns and information. 117. The A uthority shall furnish to the State Governm ent such reports, returns and other in­ formation as the Governm ent may from time to time Require. ordert/ ° 118. Save as otherwise expressly provided in this Act, every order passed or direction issued bv the Authority, shall be final and shall not be questioned in any suit or other legal proceeding. d e ' i T g l t c . ! 1 9 - T h e Authority may, by resolution, direct that, any power exercisable by it under this Act or rules or regulations made thereunder (except to make rules or regulations) may also be exercised 956 THE ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987by any local authority or any officers of the State Government with previous consent of the State Government or any officer of the Authority as may be mentioned therein in such cases and subject to such conditions, if any, as may be specified therein. Effect order sis tent other ments, incon- 120. Any order made Under this Act shall wit "have effect notwithstanding anything inconsistent enacl'therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.121. (1) The provisions of this Act and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.(2) Notwithstanding anything contained in any other law—(a) When permission for development in res­pect of any land has been obtained under this Act such development shall not be deemed to be unlawfully undertaken or carried out by reason of only of the fact that permission, approval of sanction required under any other law for such development has not been obtained.(b) When permission for such development \ has not been obtained under this Actsuch development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained.Power of the 122. (1) The State Government may, after pre- m̂netGovertov i°u s publication in the official Gazette make rules make rules.”for carrying out the purposes of this Act.(2) In particulars and without prejudice to the generality of the foregoing powers, the THE A5SAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 957 State Government shall have power to make rules in respect of -the following matters— (i) The functions and powers that may be delegated to the Authority or to any officer of the Authority. (ij) The qualifications and disqualifications for being chosen or and for being, mem­ ber of the Authority. (iii) The terms of office and conditions of ser­ vice of the members of the Authority. (iv) The matters in which and the purpose for which the Authority may associate with itself any person, under the provi­ sions of this Act. (v) The control and restriction in relation to the appointment of officers and other employees of the Authority. (vi) The procedure to be adopted for securing co-operation of various Government Departments, the owners or other per­ sons or bodies interested in schemes. (vii) All matters pertaining to land acquisition including procedure and making of awards, compensation and the possession of land by the Authority in ordinary and emergent cases. (viii) Calculation, assessment and payment of compensation in respect of property which is injuriously affected within the meaning assigned to it in Section 63 of this Act. fix) Creation and administration of Fund of the Authority for the purpose of imple­ menting the provisions of this Act. (x) The form of the budget of the Authority, the manner of preparing it and the date 9 5 8 T H E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V.1 4,1 987on or before which it -shah be prepared and to be submitted, to the State Govern­ment.(xi) The procedure for the levy of develop­ment charges and exemption from it on any development or change of any use of any land.(xii) The calculation assessment and collection of betterment contribution. f (xiii) The procedure of filing, hearing and deciding objections and appeals under this Act and all matters connected there­with.(xiv) The manner of publication of the notifica­tion regarding scheme, their modifica­tions, variations, revocation, submission and sanction by the State Government. \ (xv) Any other matter which has to be or may be prescribed by rules * I. t I m ) Assam a'’ter mod i- make (3) A ll rules made under this section shall be laid for not less than fifteen days before the Legislative Assembly as soon as possible, they are made and shad be subject to such fi cat ion as the Legislative Assemble may during the session in which they are so laid or the session immediately following.IFewer ofthe 123. (1) The Authority shall have power to Authority to make bye-laws in respect of the matter enumera- make bye t e d u n f ]e r t ^js s e c tjO n and not inconsistent with the rules made by the State Government.(i) Land Subdivision and layout of publicstreet.(ii) Width for different classes of public streets according to the nature of traffic to be carried thereon. THE A55AM GAZETTE, EXTRA-ORDINARY, NOV. 1 4 , 1997 959 (iii) S treet lines and setting back of building from the regular line of the street. (iv) Zoning Regulations prescribing the type or description of building which m ay or m ay not be erected in any prescribed area or areas. (v) Regulations and display of advertisem ent in the interest of amenity, aesthetic or public safety. ' (vi) Regulations in any m anner or specifically provided for in this Act, the erection of any enclosure, wall, fence, ten t or other structure or any land w ithin the lim its of the Authority. (vii) Time and place and transaction of busi­ ness of the meetings of the A uthority and committees constituted under this Act. (viii) The power and duties of the officers and employees of the Authority. (ix) The salaries, allowances and conditions of services of its officers and employees. (x) Any other m atter which has to be or may be prescribed by rules. (2) The power to make bye-laws under this Act shall be subject to the conditions of previous publication. (3) The State Governm ent may cancel their confirmation on any such bye-laws and thereupon the bve-law shall cease to have effect. Gw a h" t°i 124. As soon as may be after the commence- Dcveiopmcnt m e nt of th is Act the State Governm ent shall, by ut onty. notification, in the official Gazette, declare that the G uw ahati Development A uthority constitu­ ted under the provisions of the Assam Town and Country Planning Act, 1959 and as amended having jurisdiction over the G reater Guw ahati 9 6 0 T H E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , NOV.14,1987 Master Plan Area shall be dissolved with effect from such date as may be specified in the notifi­ cation, and the Guwahati Development Autho­ rity shall stand dissolved accordingly. 1 2 5 - (!) With e f f e c t f r o m t h e d a t e o f dissolu- rf the Gd'.va-tion of the Guwahati Development Authority XntD Autho-s Pe c ide d in Section 124. rity. (a) all the members including the Chairman, or other person constituting committee or committees of the Guwahati Deve­ lopment Authority shall vacate their respective offices ; (b) all properties, funds and dues which are vested in or realisable by the Guwahati Development Authority shall vest in and be realisable by the Guwahati Metro­ politan Development Authority; (c) al1 contracts and liabilities which are en­ forceable by oi’ against the Guwahati Development Authority shall be enfor­ ceable by or against the Guwahati Metro­ politan Development Authority; (d) all legal proceedings instituted by or against the Guwahati Development Authority may be continued' or enforced by or against the Guwahati Metropolitan Development Authority ; (e) all officers and other employees of the Guwahati Development Authority con­ tinuing in office immediately before the date of the order shall be deemed to be employed by the Guwahati Metropolitan Development Authority on such terms and conditions not being less advan­ tageous than what they were entitled to immediately before the said date; ff) all the powers and duties which may, under the provision of this Act or any other Act or any rule, regulation, bye­ law. order or notification made there­ upon. be exercised or performed by the Guwahati Development Authority shall be exercised' c-r performed by the Guwahati Metropolitan Development Authority. (2) The State Government shall before the dissolution of the Guwahati Development Autho­ rity, constitute the Guwahati. Metropolitan Development Authority in accordance with the provisions of this Act. (3) The State Government may make such incidental dr consequential orders as' may appear to it to be necessary for giving effect to the order made under sub-section (2) of this Section. 126. (1) The relevant Sections of the Guwahati Municipal Corporation Act, 1969 (Assam Act I o f 1973) and along with the amendments up-to- date inconsistant with the provisions of this Act shall stand repealed with effect from the date on which the Guwahati Metropolitan Development Authority as referred to in 'Section 4 of this Act is constituted. (2) The relevant sections of the Assam Town and Country Planning Act, 1959 (Assam Act II of 1960) and the Assam Municipal Act, 1956 (Assam Act IV of 1957) Assam Panchayat Act, 1972 and alongwith their amendments up-to-date and the rules and regulations made thereunder, incon­ sistant with the provision of this Act shall cease to operate within the territorial limits of the Guwahati Metropolitan Area as referred to in Section 3 of this Act with effect from the date on which the Guwahati Metropolitan Development Authority, as referred to in Section 4 of this Act is constituted. (3) Notwithstanding any repeal and inoperative of the relevant sections referred to in sub-sec­ tion (1) and sub-section (2) anything done or any­ thing purported to be done or any action taken under the provisions of the said Acts or rules or regulations made thereunder, shall be deemed to have been done or taken under the provisions of this Act and all such rules or regulations shall, if not inconsistant with the provisions of this Act continue in force till rule? or regulations are made under this Act. MD. SAADULLAH, , Secretary to the Govt, of Assam, Legislative Department GUWAHATI—Printed &~putfahed by the Dy. Director(P), Directorate <rf P < terf