Assam act 032 of 1962 : The Assam Town and Country Planning (Amendment) Act,1962

'ASSAM ^ACT'N6"?§X§%IT

661952;! :-

THE ASSAM

TOWN

AND

COUNiR'Y

PLANNING (AMENDMENT);

ACT ¹⁹⁶²

19

(As

passed ^bythe

Assembly} (Received ^theassent ^ofthe

Pnesielent^on»thezgnd Névember L962?) EPublished^{1n the}

Assam

Gazette, Extraordinary,

gated^the

26111

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"° amend

the Assam Townand

GounmyvmaunmE'5"'.Zg

119111195197

'

.

.

1

3

' :Preambxe WHEREAS^itis

exped1ent ^to

amend

th591Al§lm1 ^Aci

.

:

<2 ^-,

Assam Town

and

Country Planning

Act, ",1959 . ,.II_ot-'g:

f1: ⁿ r: ^,

hereinafter called

the

principal

Aet,

in the

manner

.

j

,

'

1. ^:5?i

.

1

ercmafter

appearing;

_

,1; -7....,

-

. ^,

_ _

.7

_

g

It'^1shereby enacted^{m the}

«.Thn'teenth

Yea:r_ of the} Republic ^of

India ^asfollows^:-—- '

1.

(I)

This

Act

may

be eai'l'ed the

Assam TownShort mlc'

1 1 d

floumryePlanning

(Amendment) Act,

1962., V._-, extent and

a ' cammeirce- 'U

(2) ^It

shah

151an ^the

filike extem ^as

the prmmpal

"w

1.1:;

L1H

"

127

Insertion ^of

2. After

Chapter

II of

the

principal

Act,

the Chain" ^lI'

following

shall ^beinserted ^{asCh mter}lI-A, namely ^:—~ A In

Assan}

3301.1

°

' ^'

"CHAPTER ^II-A '

Constitution ^ofthe

Development

Authority Constitution 8A.

( 1)

The

State Government may,

by

notification 0f

the

in

the Official Gazette,

constitute

for the

purposes

of Authority. this

Act,

an

Authority

to be called "The .................. Development

Authority" (hereinafter

referred^toas the

Authority)

with

in

isdiction ^oversuch^areaas

may be

specified ^{inthe said}notification. f (2)

The

Authority

shall

be^a

body corporate having '

perputual

succession^{and a}common^sealwith

power

0,

to

acquire,

hold

and

dispose

of

properties

both move- r.

able and immoveable

and ^to

enter^intoany

agree- ment, ^andshall

by ^{the said namesueandbe}sued.

8B,

(1) ^The

Authority

shall consist^of

the

following members, namely ^:— Composition

(a) ^AChairman ^{to be}

appointed

by ^the

State 0ft!"

Government ^:

Authority. '

(b) Engineer-in-chief ^ofthe

Authority ^tobe appointed ^{by the}State Government^; to) ^Town

Planning

Officer ^{of the}

Authority ^to be

appointed

by

the State Government ;

((1)

Finance Omcer^tobe

appointed ^{by the} State Government ; (e)

Deputy

Commissioner ^or

Subdivisional Officer, ^asthecase

may ^be; (d)

Chairman ^orChairmen^ofthe

local

antho- rity ^orauthorities

covered

by ^the

Master .5» plan

; m

(g) ^One

member

representing

Commerce^and

9

Industry

(Private

Sector)

to be

nominated by ^theState Governmert^;

(h) ^One

member

representing ^the

Railways, ^to be

nominated

by

the State

Government ; (i; ^Onemember

representing'lndustry

(Public Sector) ^{to be}

nominated

by ^the

State Government ;

(j) ^Oneperson^{eachfrom the}

local authorities covered ^bvtheWaste"

plan

to be

elected

by the members ^ata

meeting

from

amongst them.

128

Notification

The name

of the members elected

and

appoint- ofmcmbers. ed 5hall be

published

in

the Official

Gazette. Pisqualificai (3) ^A

person

shall^be

disqualified ^for

appomtment,

"0"

.

f°r

nomination or

election

as

a

member,

if

he,— election or appoint- ment as

member.

* . .

.

(a) ^hasbeenCODVICtCCl^ofany offence

mvolvmg moral

turpitude

;

(b) ^{is an}

applicant ^tobe

adjudicated ^asa

bank-s '

rupt ^or

insolvent ^{oris an}

uncertificated bank- rupt ^or

undischarged

insolvent^; (c)

holds any office^of

profit

under^the

Authority except

those mentioned ⁱⁿclauses

(a), (b),

(c) ^and

(d) ^ofsub—section ^{(1) ;}

(d) ^has,directly ^or

indirectly, ^by

himself^{or by} any

partner, any share^or

interest,

in any centract ^or

employment

with, by, ^oron behalf

of, th ⁵

Authority; or

(e) ^{is a}

Director, ^{or a}

Secretary, Manager ^or other salaried officer of any

incorporated company which ^hasanyshare ^or

interest ⁱⁿ any

contract^or

employment,

with,

by, ^C1'on behalf of the

Authority.

.

Remove

1

of c hm (4) The State

Governmentmay

rt

move

from the m

m ^{, .} Authority any member

including ^the

Chairman

who,— (a)

refuses ^{to act or}

becomes

incapable ^of

acting or absents

himself from

three consecutive meetings ^ofthe

Authority ^{and is}unable^to explain ^suchabsence^{to the}

satisfaction ^of the

Authority

;

(b) ^{has so}

flagrantly

abused ⁱⁿ

any

manner ^his position ^asa

member^{of the}

Authority ^{as to} render ^his

continuance

detrimental to the public

interest:

Provided that

when the State Government pro- poses ^totakeany action under any ^of

the above

provisions,

an

opportunity

shall be given ^{to the}member concerned^toshow cause

why

action as

preposed

should not be taken

against

him ; (c)

ceases^{to bea}member^ofthe

local

Authority from which he was elected ;

(5) ^A

member

removed under

clauses

(a) ^and

(b) ^of

sub-section

(4)

shall^notbé

eligible ^forre- appointment ^or

rev-election, ^{as thecase}

may ^be. if

u

-

«'11,st 'n'fi'w '31};

"A

129

gm! 0; ^{_80. (l) Thetermof}office^and

conditions^ofset- gon'aitimin ^{VICC ofthe}

Chairman^and

members ^ofthe

Authority of service of shall be

such^as

may be

prescribed

and

they

shall be the

Chair- entitled to

receive such salaries and

allowances

as man

and may be fixed

by

the State

Government.member

of the

Autho- rity.

(2) ^The

Chairman^or

any member

may

Pesign ^his membership

of ^the

Authority

by

giving

notice ⁱⁿ writing ^totheState

Government^andonthe

resigna- tion

being accepted by

the State

Government,

he shall cease

to be a

member

of the

Authority.

.

(3) Any

vacancy

created

by resignation

or

removal shall be

filled

by

fresh

appointment

or

nomination by ^theState

Government, ^or

by election, ^{as the case} may be.

Functions

8D.

Subject

to the

provisions

of

this

Act,

rules :ilihgmifif ^anddirections^ofthe

State

Government, ^thefunctions thority.

of the

Authority

shall be to

promote

and secure the development ^ofthearea

accozding ^{to the}Master

plan and ^{for that}purpose^itmay

carry ^outor

cause to

be carried out

surveys of the area and to

prepare report or

reports

of

such surveys, and to

perform any other function which is

supplemental,

incidental or

conse- quential ^to

any^{of the}

functions aforesaid^or

which may be

prescribed. Meeting ^of3E.

(1) ^Each

Authority

shall^meetonceina

month the

AuthO-^{at suchtimeand}

place ^and

shall

subject ^tothe

provi-

"W'

sions of sub-section

(2)

and

(3)

observe such

procedure in

regard

to the transaction

of business at its

meeting, as

may be

prescribed

by

bye-laws

to be

framed under section ⁷⁴

of this Act.

(2) ^The

Chairman, ^{or inhis}

absence any member chosen

by

the members

from amongst

themselves,

shall preside ^ata

particular meeting ^ofthe

Authority.

(3) ^All

questions ^ofthe

meeting ^ofthe

Authority shall be decided

by

a

mojority

of the votes

of the members

present

and

voting

and in

the case

of an equality ^of

votes, ^theperson

presiding

shall ^havea second or

casting

vote.

(4)

Nothing ^{done by the}

Authority ^inits

meeting '

shall ^beheldtobeinvalid because^ofany

vacancy in, the

seats-^of

the

appointed,

nominated or

elected members ^{or «the}absence^ofany^of

the

members for any

reason

whatsoever.

130

(5)

Minutes shall^be

kept ^{of the}names ^ofthe members

present

and of

the

proceedings

at each meeting ^{ina booktobe}

kept ^{for this}purpose, which shall be

signed

at

the next

ensuing

meeting by

the person

presiding ^{at such}

meeting, ^andshall

be open to

inspection by any member

during

office hours. Temporary ^8F.

(1) ^The

Authority may associate^with

itself association

in such manner

and for such

purposes

as

may be :fhhpersiilrll:

prescribed ^by

rules^any

person whose

assistance^or Authority

advice ^{it may}desire ⁱⁿ

performing^{anyof its}

func- for

particu- tions

under

this

Act. lar purpo- scs'

(2) Any

person associated^withit

by ^the

Authority under sub-section

(1)

for any purpose shall have a

right

to take

part

in the

discussions of the

Authority relevant ^tothatpurpose but shall not

have a

right

to vote ^ata

meeting

and shall not

be

a

member for any other purpose. Staffofthe ^8G.

(1) Subject ^tosuchcontrol^and

restrictions^as Authmty'

may be

prescribed

by rules,

the

Authority

may appoint ^suchnumber^ofofficers^and

employees asmay be necessary for

the efficient

performance

of its

functions and may determine their

designations and

grades. ^s

(2) ^Theofficers^and

employees ^ofthe

Authority shall ^be

entitled ^to

receive ^such

salaries and

allowan- ces, if any, ^as

may

be

fixed

by

the

Authority

and

shall be

governed by

such terms and

conditions of service as

may be

determined

by

rules and

regulations

made in

this behalf."

3. In section ^{10 of the}

Principal

Act--Amendment of

Section 10 of

Assam Act II

of

.

1960.

(1)

in sub-section

(1),

between the

words

"the"

and

"Regulation"

the word

"Zoning"

shall be

inser' ted;

(2) ⁱⁿsubsection

(2), ^the

full-stop ^attheend

shall be deleted

and the

Words and the

full-stop

"and

adopt the same." shall ^beadded. Substitution ^4.Forsection ^{12 ofthe}

principal^{Act, the}

following °f seam"

shallbe

substituted, namely ^:—12 of Assam Act II of

1690.

"Implemeni ^.

h Pl

11d Z °

*R 1 ^_-

h 2. After

adoption

of ^te an a

oning egu

a {323?

at t etion they

shall^{be sent}

by ^theState

Government^for implementation ^to

the

Authority

constituted under section ^{8 3!} l

*0»

t ,tu 'M/

131

Amendment 5.^Insection ^{14 ofthe}

principal

Act,

between the of Section

words

"the"

and

"Regulation"

the word

"Zoning"

H

orAsfiain ^. Act II

of shalt

be

Inserted. l960.

Substitu- 6.

For

section

15 of

the

principal

Act,

the

following tion ^ofSec-

shall

be

substituted, namely

;-—; tion ^{15 of} Assam Act II of

1960.

"Prepara_ 15.

(1)

After

the commencement of this

Act,

the tion of

dcve-

Authority may, by

notification

in the Official

Gazette,

10 P ^me

n t

declare any

area to

be

a

scheme area and shall there- Scheme.

after

prepare

a

scheme.

Where

no

Authority

has been

constituted,

the State Government may, by notification ⁱⁿ

the

Official

Gazette,

declare any

area to be ^a

Scheme area and the Director shall thereafter prepare ^a

scheme.

(2) Notwithstanding anything

contained^{in sub-} section

(l),

the

State Government may, after

making such

enquiry

as

they

may deem necessary

by

notifica- tion in the Official

Gazette,

direct

any

local

authority to

prepare, publish

and

submit

for

their sanction before an

appointed

date

a scheme under this section for an area

specified

in such notification.

(3)

While

preparing ^the

scheme, ^the

Authority, the Director ^or

the local

authority,

as the case

may be,

shall issue ^a

notice

inviting ^thenames^olallthe claimants of any interest on

any land

or

building within the area under the scheme to be

submitted Withina

period

not more than one

month.

(4) ^Saveas

provided ^inthis

Act, ^the

Authority, Director or

local

authority

shall not undertake or carry ^out

any

development

of^landin any ^area

which is not

a

scheme area.

(5)

After^thecommencement^{of this}

Act, ^no development ^oflandshall

be

undertaken^orcarried out

in the

scheme

area

by any person

or

body

of persons

except ⁱⁿ

the manner

prescribed

under section 13 of

this

Act."

7. For

section

16

of the

principal

Act,

the follow- 3308:3233 ^ing

shall ^be

substituted,

namely:— 16 of

Assam Act

II Of 1999mm". ^{16. (1) Tne}

Authority. ^the

Director ^{Of the10"]}

"on ^ofthe authority, ^asthe^case

may be,

shall have the

scheme Dev

C10 p. and

the report

and

the names of

all the

claimants ment

Sche-

published

in

the manner

prescribed

under sub-Section me-

(1)

of

section

10

and

have

a

copy of

them served on all persons

who

preferred

claims under

sub-section

(3)

of section

15,

inviting objection

to

be filed within a period ^{notmorethantwo}months.

132

(2)

After^the

expiry ^ofthe

aforesaid

period, ^the Authority, ^the

Director^orthe

local

authority,

as^the case

may be,

shall examine the scheme in the

light

of such

objection, giving

sufficient

opportunity

for hear- ing ^toallsuch

interested persons who have filed objections ^and

demanded ^a

hearing ^inthemanner prescribed, ^andshall

approve ^or

refuse^to

approve or

approve with such

modifications as

it

may deem neccessary, for the

implementation

of the

scheme

and for

imposing

for that purpose reasonable restrictions

in the use ol'land

and

building

within the area.

(3)

After^the

Authority, ^the

Director ^orthelocal authority, ^asthecase

may be, ^has

adopted

the schemes its

shall ^be

forwarded to

the

State

Government for

it, approval ^and

sanction, ^ifso

required

under any^rule prescribed,

otherwise^the

scheme^{willcome into}

force from the

date

the scheme

is

adopted."

,

Amendment of

Section

I

7

of

Assam Act

II

of

1960,

8. In section

17

of the

principal Act,—

(1) ^the

subsection

(1)

shall^be

deleted^and

sub-sec- tion

(2)

shall

he

renumbered as

section 17 ;

(2) ^In

section ^17so

re-numbered, ^{for the}words

"No person shall within the area in

which the Govern» ment has

sanctioned the

Development

Scheme" the words "No person

shall

within any

area

where a scheme ^hascome

into force"

shall be

substituted. Amendment '^{. .. .}

" ^V of

Section

34

9. In section 34 of

the

pnnmpal

Act,

the words

and of Assam Actwith

the

previous

sanction

of the,

State

Government'"

II

of 1960.

occuring

between the

words "Act" and

"the" shall be deleted.

éfiffi'fig'fi ^10.After section^{59of the}

principal

Act, ^the

follow- in Assam Act

ing

shall be inserted ^as

section

59A,

namely

:——- II of 1960. '

;§:§'3'§§dute'; ^{59A. Any sum}

recoverable ^{by the}

Authority

under an an arreat

this

Act,

if not

paid

on

demand,

shall be

recoverable Onand

reve'

as an

arrear of

land revenue."

nue.

fiflgfiffifinig ^{ll. In}

section^73ofthe

principal Act,— of Assam Act II of

1960.

(l) ^for

sub-section

(1), ^the

following

shall^be substituted,

namely:-

"(1) ^The

State

Government may, after

previous publication ^inthe

133.

.(2) ⁱⁿ

subsection ^{(2), the}words^"inconsultation With the Council"

occuring

between the words "State Government" ^and

"shall",

shall^bedeleted. (3')

after

sub-section ^{(2), the}

following

shall^be inserted ^as

sub-section

(3),

namely ^:—

"(3) ^Allrules^made

under^thissection shall ^belaid for not less ^thanfourteen

days

before ^theAssam Legislative

Assembly ^{assoon as}

possible,

after ^they are made and shall be

subject

to such modification as the

Legislative

Assembly

may make

during

the session ⁱⁿwhich

they ^{aresolaid orthe}session

imme- diately following."

Amendment

'

12. In section 74^ofthe

principal

Act, ⁱⁿsub¢sec~. of Section 74 ' ^-.

.

ofAuam Act

tion]

(1)

after clause

(v1):

the

followmg

shall

be

inserted II of

1960.

as c ause

(v11),

namely ^.—-

"(vii) ^{time and}

place ^andtransaction ^ofbusiness of ^the

meetings

of the

Authority."

13.

Notwithstanding anything

contained

in

the

prin- cipal ^{Actandanyrule made}

thereunder,^anyaction taken

by

any Authority

constituted before ^the

coming into force of this

Act shall

be deemed ^tohave^been validity

taken ^asifthe

Authority ^{was duly}

constituted under ^the

principal

Act, ^asamended

by ^this

Act, ^and no action of

such

Authority

shall be

called in

question in any Court^onthe

ground

of

incompetency

of the Authority ^toactunder ^the

principal ^{Act as}amended by ^{this Act.}

Validation.

"vwflfl^-7

w—m V