The Guwahati Metropolitan Development Authority (Amendment) Act, 1989

THE ASSAM GAZETTE W W EXTRAORDINARY PUBLISHED By AUTHORITY 185 . faw*. V * 1**’ 13 1989, 22 <sjtcsjT«f, 1911 No. 185 Dispur, Wednesday 13th December, 1989, 22nd Agrahayana, 1911 (8. E.) GOVERNMENT OE ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT: LEGISLATIVE BRANCH NOTIFICATION The 12th December 1989 No.LGL.107/85/423.—The following Act of the Assam Legislative Assembly which received the assent of the President is hereby published for general information. 1453 ih E ASSAM GAZETTE, EXTRAORDINARY, DEC 13, 1>«9 ASSAM ACT NO. XXI OF 1989 Received the assent of the President on 10th November, 1989. THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (AMENDMENT) ACT, 1989 An Act to amend the Guwahati Metropolitan Development Authority Act, 1985 (Assam Act No. XX of 1987). L ■ . Whereas it is necessary to amend the Guwahati Metropolitan Development Authority Act 1985 (Assam Act No,XX of 1987), herein­ after called the principal Act; And whereas the previous instructions of the President have been obtained; ‘ • It is hereby enacted in the Fortieth Year of the Republic of India as follows, namely extent fald (1) This Act may be called the Guwahati Metropolitan commence- Development Authority (Amendment) Act, 1989. ment. (2) It shall have the like extent as the principal Act. (3) It shall be deemed to have come into force on the 14th day of November, 1987. oFsectioTT. 2. In the principal Act, in section 2, in sub-section (9), for the words and figures "Indian Factories Act of 1934”, the words with a come and figures "Factories Act, 1984”, shall be substituted, cfsecfion 23. Principal Act, in section 23, the words "or the Central Government’’ shall be deleted. QfsectkSTl • 4 - I n t h e principal Act, in section 24, in the proviso, (a) in clause (ii) and (iii), the words "the Central or* shall be deleted 4 ____ _ _ ' THE ASSAM GAZETTE. EXTRAORDINARY, DEC. 13, 1WB9 1459 Ainendnteal i f aection 25 (b) the fullstop appearing at the end of clause (v) to the proviso shall be substituted by a semicola and thereafter a new clause (vi) shall be inserted, namely "(vi) for operational construction.” -4: . \ ii® 5. In the principal Act, in section 25, (a) in sub-section (I), the words "the Central or” shall be deleted; r (b) the proviso to sub-section (5) shall be deleted; f (c) after sub-section (7), a new sub-section namely, sub-section '(8)’ shall be inserted and thereafter the existing sub-sections (8) and (9) shall be renumbered as sub-sections "9” and ’TO” respec­ tively :— "(8) In case or department of the State Govern­ ment or any Local Authority (where the local authority is not also the Development Authority) intending to carry out any development other than operational constructions (which shall always be outside the purview of the Deve­ lopment Authority) on any land, the concerned department or authority, as the case may be, shall notify in writing to the Development Authority of its intention to do so, giving full particulars thereof and accompanied by such ■documents and plans, as may be prescribed or directed by the State Government from time to time, a t least one month prior to the undertaking of such development.” (d) in sub-section (8) as amended by this Act, the words "the Central or the” shall be deleted. (e) sub-section (9) as amended by this Act, shall Be substituted by the f o l l o w i n g . "(9) Where the Authority, upon receipt of a notice under sub-section (8), raises any objection in respect of the proposed development either to any Master Plan under section 21 (1) or to any of the building bye-laws in force at the time or due to any other material consideration 1460 THE ASSAM GAZETTE. EXTRAORDINARY. DEG. 13, 1989 under sub-section (10), the department or the local authority, as the case may be shall-— .....■ (i) either make necessary modifications in the proposals for development to meet the objections; (ii) submit the proposals for development together with the objections raised by the Authority to the State Government for decision. When pro­ posals and objections have been submitted, no development shall be undertaken until the State Government has finally decided on the matter” , Amendment 6. In the principal Act, in section 39, at the end of the section 3 »s u g_s e c ^ o n (3), following shall be added, nam ely:—■ "The adoption of the Scheme including Government approval or sanction, as the case may be, shall He within a period not exceeding one year after expiry of the period of two months referred to in sub-section (1) above”. Amendment 7. In the principal Act, in section 40— of section 40- (i) clause (a) shall He substituted b'y the following, namely t— (a) all lands belonging to the Government or any other local authority shall, unless it is otherwise determined in such Scheme by the Government vest absolutely in the Authority free from all encumbrances; (ii) in clause (b), the word "determine’’ appearing in the second line of clause (b) shall be substituted by the words "be determined.” amendment 8. In the principal Act section 45 shall be substituted •f ’ect>’n 4 5 ' b y f o l l Q w i n g n a m e l y . _ "45. when the Authority is of opinion that in the interest of public services it is necessary to undertake forthwith any of the works included in a scheme, the Authority shall make an application before the State Go­ vernment that advance possession of land other than land mentioned in. section 40 required -for the scheme be allowed and on such permission being granted shall proce* ed fo r . taking over advance possession through acquisition % THE ASSAM GAZETTE. EXTRAORDINARY, DEC. 13, 1989 1461 proceedings in accordance with the provisions of the Land Acquisition Act, 1894 as amended up-to-date.”, afsectiM 57. 9 - I n principal Act, section 57 shall 5e substituted by the following, namely :■ J * ■"57. The provisions of the Land 'Acquisition 1894, as amended from time to time shall apply in matter of acquisition of land under this Act and ,the com­ pensation shall be computed tinder the provisions of the said Act.” ........ ...... ' Act the K. LASKAR, Joint Secretary to the Govt, of Assam, Legislative Department. flUW A H A Tl— Printed & ;<«bihhed by the Dy. Director (P), Directorate of Ptg- and Slv., Ajssra; Guwahati—2' (Ex»Gazette) He, 369-1 .110—300—13-12*1989