Assam act 002 of 1960 : The Assam Town and Country Planning Act, 1959

i ' The 13th February 1960

No.LJL .33/57/42.—The following Act of the Assam Legislative Assembly which received the assent of the President is hereby published for general information.

(Received the assent o f the President on the 6th February 1960)

ASSAM A CT I I O F 1960

THE ASSAM TOWN AND COUNTRY PLANNINt

ACT, 1959

(As passed by the Assembly) [Published in the Assam Gazette, dated the Jyth February I960:

CONTENTS

P ream ble

CHAPTER I

Prelim inai y

Section 1 Short title, extent and commencement. Section 2 Definitions.

Section

CHAP I ER 11

Constitution o f the Advisory Council

3 Constitution of the Town and Country Planning Ad:

Council.

4 Resignation of non-olficial members.

5 Term of office.

6 Commencement of the term of ffice of non-o members. 'I

7 Removal of non-official members.

8 Filling of casual vacancies. |

CHAPTER III

M aster Plan

9 Preparation of Master Plan.

10 Publication of the Master Plan.

11 Contents of Master Plan and Zoning Regulations.

12 Constitution of the Authority for implcmentatioi the Plan.

13 Restrictions of use of land and buildings thereon publication. 4

14 Power of the Slate Government to the Regulation.

modify the plan

Section 15 Section 16 Section 17 Section 18 Section 19 Section 20 Section 21 Section 22 Section 23 Section 24 Section 25 Section 26 Section 27 Section 28 Section 29 Section 30 Section 31 Section 32 Section 33 Section 34 Section 35 Section 36

CHAPTER IV

Development Scheme

Preparation of the Development Scheme. Publication of the Development Scheme. Implementation of the Development Scheme. Scope of the Development Scheme. Amendments and alterations of the Development Scheme. Power to revoke the Development Scheme. Powers of the Authority to impose restrictions.

CHAPTER V

Streets and Land Subdivisions

Width of public streets. Power to prescribe street line. Setting back buildings to the prescribed street line. Acquisition of land within the line of street. Acquisition of the remaining part of building and land after their portions within a prescribed line of the street are acquired.

Subdivision of private land.

Plans accompanying notice.

Sanction with or without modification or refusal. Layout not according to plan.

Penalty for violation.

CHAPTER VI

Acquisition o f land

Power of State Government to acquire land. Proceeding for acquisition of land. Disposing of land.

Provision of private negotiation before compulsory acquisition.^r⁷

Payment to owner by adjustment.

CHAPTER VII

Compensation and betterment

Setfon 37 Section 38 Right to compensation. No right to compensation. f l Section 39 Power of Government to exclude compensation certain cases.

. H

Section 40 Right of owner to require Authority to acquire purchase land.

Section 41 Levy of betterment fee.

■ Section 42 Appeal. ■ Section

Sec tion

Section

Section Section Section jcction

CHAPTER VIII

Appeals and the Appellate Authority

Appointment of Appellate Authority. Duties of the Appellate Authority. Procedure of working of the Appellate Authority. Right to appear by recognised agent. Protection of action taken under this Act.

CHAPTER IX

Finance

Development Fund Powers to borrow Grants, advances and loans.

CHAPTER X

Legal Proceedings

a ■ Penalty for breach of . .the provisions of the Mastfl Plan cr Scheme!'

->S3

Power to execute on failure to comply witl notice.

Right of occupier to execute works in default of ownt Procedure upon opposition to execution by occupier, Recovery of cost of work by the occupier,

■ft. Section 56 Section 57 Section 58 Section 59 Section Section Section Section Section Section

Section 66 Section 67 Section 68 Section ⁶⁹ Section 70 Section 71 Section 72 Section 73 Section 74 Penalty for obstructing contractor or removing marks. Officers under the act to be public servants. Authority for prosecution.

Power of Authority to institute proceedings, etc., a rd to take legal advice.

Bar to suits and prosecutions in certain cases. Punishment for malicious abuse of powers. Registration of documents, plans or maps in connection with scheme.

Orders under the Act not to be questioned in court.

Effect of orders inconsistent with other enactments.

CHAPTER X I

M iscellaneous P rovisions

Service of notice. Method of giving public notice. Formal defects in assessments and demands. Power and duties of police in respect of offerees assistance to Authorities.

Decision of disputes between Authorities. Powers to enter into land for inspection, etc. Mode of proof of records of the Authority. Power of Authority to make agreements. Powers of the State Government to make rules. Power of the Authority to make bye-laws. any

and

THE ASSAM TOWN AND COUNTRY PLANNING ACT, 1959

Act

to provide fo r the development o f the towns and country sides o f the S ta te o f Assam.

P ream b le .-- Whereas it is expedient to provide for the development of the towns and the country sides of the State of Assam on sound planning principles with the object of securing proper sanitary conditions, to consetve and promote the public health, safety and general welfare of the people living therein ;

I t is hereby enacted in the Tenth Year of the Republic of India as follows: —

CHAPTER I

P relim inary

1. Short title , extent and com m en cem en t.— (1) This Act may be called the Assam Town and Country Planning Act, 1959.

(2) It shall extend to tire whole of Assam excluding the Autonomous Districts;

Provided that if any District Council desires that all or any of the provisions of this Act should apply to the Autonomous District concerned, a notification may be issued to that effect and this Act shall then extend to that Autonomous District subject to such exceptions or modifications as may be specified in the notification.

2. D efinitions.— In this Act, unless there is anything repugnant in the subject or context

(lj "Authority" shali mean the Local or Regional Authority appointed by the State Government lor the purpose of administering the Act. Unless other wise appointed by the Slate Government, the Authority in the case of Municipal Areas .shall be taken to mean the Municipal Board for the area constituted under the Assam Municipal Act, 1956 fAssam Act XV of 1957/

(2) "Advisory Council" means the Town and Country Planning Advisory Council constituted under Section 3 of this Act.

(3) "Betterment Fee" means the fee prescribed in respect of an increase in the value of land resulting from the execution of a Development Scheme.

(4) " 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 platforms, verandah, balcony, cornice or projection, or part of a build- ing on anything affixed thereto or any walls, earth bank, fence or other construction enclosing or delimiting or intended to enclose or delimit any land or space.

(5) "Building Industrial" means a building, which is wholly or predo- minantly used as a warehouse, factory, distillery, iron foundry and all other buildings put to or be put to any use permitted in the zone by an authorised scheme applicable thereto.

(6) "Director" means Director of Town and Country Planning or any other officer appointed by the State Government.

(7) "Development" means the carrying out of building, engineering, mining or other operations in, on, or over the land, or malting of any material change in the use of any buildings or of land :

Provided that the following operations or uses of land shall not be deemed for the purposes of this Act to mean development of the land, that is to say,—

(a) the carrying out of works lor the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the use and the external appearance of the building ;

(b) the carrying out by a local authority of any works required for the maintenance or improvement of road, being works carried out on land within the boundaries of the road ;

(c) the carrying out by any local authority any works for the purposes of inspecting, repairing or renewing any Sewers, main pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose ;

(d) the use of any building or other land within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such.

(8) " Factory" means a place to which the provisions of the Indian Factories Act of 1934 or any amendment thereof shall apply.

(9) " Industrial Concern" means a commercial body, e. g., a factory, workshop and a mill, or any concern of similar nature where materials are manufactured, repaired, altered or processed.

(10) " Master Plan" means a plan as defined under section 9 and shall comprise of items (a) to («) of section 11.

(11) " Occupier" includes any person paying or liable to pay the rent or any portion of the rent of the land or building in respect of which the work is due or compensation or premium on account of the occupation of such land and building and also a rent free tenant.

(12) " Open space" means any land whether enclosed or not, on which not more than one twentieth part is covered with buildings and whole of the remainder has been laid out as a public garden or used for purposes of recreation or lies waste and unoccupied.

(13) " Prescribed" means prescribed by rules made under this Act.

(14) " Reconstituted plot" means a plot which is ir.yany way altered by the making ol a Development Scheme.

•A. &

(15) " Road" 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.

(16) ' Scheme" means a development scheme and includes a plan or plans together with the descriptive matter if any relating to such a scheme.

CHAPTER II

Constitution o f the A dvisory Council

3. C onstitution o f the Town and Country Planning Advisory C ouncil.— (1) The State Government may constitute, by a notification in the official Gazette, the Council consisting of the following members to advise the Government on matters referred to i t :—

(z) Minister-in-charge of Town and Country Planning

Director of the Town and

Planning Department

Secretary, Town and Country

Planning Department

Chief Engineer, Public Works Department (R. and B.) or his nominee ... Member. Chief Engineer, Public Works Department (Flood Control) or his nominee... Public Health Engineer or his nominee

Secretary, Local Self-Government or his nominee.............

Secretary, Finance Department or his nominee

Secretary, Revenue Department or his nominee

(x) Six other non-official members half of whom shall be elected by the Assembly and the rest shall be nominated by the State Govern- ment.

(izi)

(fo)

(w)

(cii)

(mi}

(?x)

Chairman.

Country

Secretary.

Member.

(xz) Such number of representatives of Local Authorities falling within the area as may be covered by the Master Plan not exceeding two as may be co-opted by the Council by notification, published in the official Gazette.

(2) Five of the members attending any meeting of the Council shall form the quorum for the purpose of transacting the business of that meeting of the Council,

(3) All members of the Council including the co-opted members shall have one vote each and the Chairman shall have a casting vote in case of equality.:6'f division, in addition to his own vote

(4) Nothing done by the Council in its meeting shall be held to be invalid because of any vacancy in the seats of the nominated or elected members or the absence of any of the members for any reason whatsoever, i (5) The Chairin su shall preside over the meetings of the Advisory Council and in his absence the members present shall elect one among themselves to be the president for that particular meeting. E j 4. R esignation o f ion-official m em b ers.—Any non-official member j7 may at any time resign his office, provided that bis resignation shall iff- not take effect until accepted by the State Government. gff . .

I 5, Term o f office.— The term of office of any non-official member ffff shall ordinarily be three years:

spy Provided that in case of the members representing the Legislature or Local Authorities, their terms of office Shall terminate as soon as they cease to be members of such Legislature or Local Authority as the case may be.

I 6. C^om^mencem ent o^f the term^o^f^_^J^|m^embers.— (1) The term of office of non-official mence on such date as may be notified in this

£ Government.

(2). A person ceasing to be member by reason

office o f non-official

members shall com- behalf by the State ■... _.

f term of office as of the expiry of his described in section 5, shall be eligible for re- t.nomination or re-election.

Ig ; .

7. R em oval o f non-official m em b ers.—The State Government may remove from the Council any member who : —

.'■■■ f

(a) refuses to act, or becomes incapable of acting or absents himself from three consecutive meetings of the Council and is unable to explain such absence to the satisfaction of the Council , or

■(b) has so flagrantly abused in any manner his position as a member of the Council as to render his continuance detrimental to the public interest :

Provided that when the State Government proposes to take action under foregoing provisions of this section, an opportunity of explanation shall SB ~ ~. - .. . . -. Jg ;be given to the member concerned and when such action is taken, the reasons thereof shall be placed or recorded.

8' fillin g o f casual vacancies.—(1) When the place of a member

nominated by the State Government becomes vacant by his resignation, ftmoval or death, the State Government shall appoint a person to fill the vacancy.

(2) When the place of a member elected or co-opted becomes vacant, lie shall be elected or co opted by the Legislature or the Council as the case may be.

it; (3) The term of office of a member nominated or elected or co- opted, as the case may be, under sub-sections (1) and (2) sh Ml be the remainder of the term of office of the member in whose place he\has been dominated or elected or co-opted.

» CHAPTER III

M aster Plan

9. Preparation o f M aster P lan .—A Master Plan hereinafter referred to as "Plan" in this Act for the development of any area within the State which the State Government may consider necessary, shall be drawn up by the Director in consultation with the local authority/authorities concerned and submitted to the 'State Government for examination and approval.

10. Publication o f the M aster Plan.— (I) On receiving the Plan and the Regulation from the Director, the State Government shall have them, as soon as may be, published in the offic'al Gazette, in some local newspaper and in the locality in the manner prescribed and deeraeittp be required for wide and sufficient publicity in the lot ality inviting public

. opinion and objection, if any, to be submitted within a period not more than two months.

t • ' «» , • ■ \ *

(2) ;After considering all objections, suggestions and representations that- may have been received, rind after getting the advice of the Council, the State Government shall have the plan finally prepared by the Director.

11. Contents o f M aster Plan and Zoning Regulations.—The:

Master Plan to be prepared as defined under Section 9, may include:— >

(a) A general land-use plan for residential, commercial, industrial,:

recreational and public and scmi-public purposes ; (Z>) Zoning plan ;

(d) Public utilities plan ; («) A report gi ing relevant data and information in respect of the.' proposals in the Plan and any other things which the State Government'may deem necessary.

12. C onstitution o f the Authority for Im plem entation of the Plan .—After the adoption of the Plan and the Regulations, they shall be

sent for implementation to the Authority as may be declared or constitut- ed by the State Government in this behalf.

13. R estrictions o f use o f land and buildings thereon after publication .— (1) The Plan as adopted by the State Government^; shall be published as prescribed in Section 10, and after such publication no person shall use any land, sub-divide any land or set up any new structure on any land covered by the Plan or change the existing structure of any building or use of any building or land within the area except with the permission of the Authority on a written application submitted for that purpose.

(2) 4ach such application shall be accompanied by a plan drawn

to seal?, showing the actual dimension of the parcel of the land and the

I, building to be built upon it, the s'te and the position of the building to I" be erected and incase of alteration in the use or structure of the building S' or land, the nature and extent of such alteration.

g (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 permission except on the ground

r of contravention of proposals contained in the Plan or the Regulations I; and unless the permission has been refused within a period of one month t 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 Ifethe permission has been given.

14. Pow er o f the State G overnm ent to m odify the Plan and

W the Regulation.—The State G overnment may review the Plan and | may modify the Plan and the Regulations, from time to time, F-in such manner and in such procedure as followed for the preparation ryand approval of the original plan and the Regulati. ns.

CHAPTER IV

D evelopm ent Scheme

15. Preparation o f the D evelopm ent Schem e.— (1) After the Recommencement of this Act, the State Government after consultation with r the Authority, if any, may by notification in the Official Gazette declare |*

I?'and submit it to the State Government with all information necessary for My. consideration and approval of the scheme.

| (3) While preparing the scheme the Director shall issue a notice jt inviting the names of all the claimants of any interest on any land or I building within the area under the scheme to be submitted within a period J not more than one month and submit the same to the Authority

V. along with the scheme and therepoit.

(4) Save as provided in this Act, the Authority shall not undertake Wior carry out any development of land in any area which is not a scheme j urea.

fe (5) After the commencement of this Act, no development of land shall E -be undertaken or carried out in the scheme area by any person or body I of persons except in the manner prescribed under section 13 of this Act. K 16. Publication o f the D evelopm ent Schem e.-(1) The Authority I shall have the scheme and the report and the names of all the Itjdaimants published in the manner prescribed in sub-section (1) of section 10 i and have a copy of them served on all persons who preferred claims under I sub-section (3) of section 15, inviting objections to be filed within a period .1 not more than two months.

fc' (2) After the period for submitting opinion and objection of the < public or of any interested persons has expired, the Authority- shall

examine the scheme in the light of such opinion and objection giving j sufficient opportunity for hearing to all such interested persons who have'J filed objections and demanded hearing in the manner prescribed 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 I for that purpose reasonable restrictions in the use of land and buildings I within the area.

(3J After the Authority has adopted the scheme, it shall be forwarded to 4 the State Government for sanction and shall come into force as soon as the* sanction has been accorded by the State Government after taking into-1 account the financial implications of the scheme.

17. Im p lem en ta tio n o f the D ev e lo p m en t S ch em e.— (1) The scheme ' shall come into force from the date as may be fixed by the Government in | sanctioning the scheme and shall be implemented by such authority as may ; he authorised by the State Government in that behalf.

(2) No person shall within the area for which the Government has® sanctioned a Development Scheme, erect or proceed with any building or | work or remove hr 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 \ 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 the date of receipt i of the application it shall be presumed that the permission has been given.

18. Scope o f th e D ev e lo p m en t S ch em e.— (I) A scheme may be

made in accoi dance with the provisions of the Act in respect of any J land which is:— .

(a) in the course of development,

(b) likely to be used for building purposes, or (cj already built upon.

Explanation:—

The expression " Land likely to be used for building purposes"

shall include any land likely to be used as, or for the purpose of providing or recreational grounds, .

any work upon or under

the nature of a building

open spaces, roads, streets, parks, pleasure

parking spaces, or for the purpose of executing

the land incidental to a scheme,

work or not.

whether in

for any of the followingprovisions(2^XSuch scheme may make matters :■—

(«) the laying out or re-laying out of land, either vacant or already built upon ;

(A) the filling up or reclamation of low-lying swamp or unhealthy areas or levelling up of land ;

G lay out of new streets or roads, construction, diversion, exten- /sion, alteration, improvement and stopping up of streets, roads ' and communications ;

.'J) the construction, alteration and removal of buildings, bridges and other structures ;

(e) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools markets, industrial and commercial activities, green belts and dairies, transport facilities and public purposes of all kinds ;

( f ) .drainage inclusive of sewerage, surface or sub-soil drainage and sewage disposal;

(^) lighting ;

(/;) water supply ;

(t) the preservation of objects of historical importance or natural beauty and of buildings actually used for religious purpose ; (?) the imposition of conditions 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 to which buildings or specified areas may or may not be appropriate, the subdivision of plots, the discontinuance of objectionable uses of land in any area in reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs ;

(A) the suspension, so far as may be necessary for the proper carrying out of the scheme, of any rule, bye-law, regulation, notification or order made or issued under any Act of the State Legislature or any of the Acts which the State Legislature is competent to amend ;

(/) such other matter not inconsistent with the objects of this Act.

(3) The draft scheme shall contain the following particulars :— («) the area, ownership and tenure of each original p lo t; (7?) the land allotted or reserved under clause (e) of sub-sec tion (2) of section 18 with a general indication of the uses to which such land is to be put and the terms and conditions subject to which such land is to be put to such cases ;

(c) the extent to which it is proposed to alter the boundaries of original plots ;

(d) an estimate of the net cost of the scheme ;

(e) a full description of all details of the scheme under such clause of sub-section (2) of section 18, as may be applicable ; ( / ) the laying out or re-laying out of land either vacant or already built upon ; >

(g) the filling up or reclamation of low-lying swamp or unhealthy areas or levelling up of land ; and

(A) any other prescribed particulars.

(4) In the scheme the size and shape of every reconstituted plot shall be determined, so far as may be, to render it suitable for building pur- poses and where the plot is already built upon, to ensure that the building, as far as possible, complies with the provisions of the scheme as regards open spaces.

(5) In order to render original plots more suitable for building purposes the scheme may contain proposals:—

(a) to form a reconstituted plot by the alteration of the boundaries of an original plot ;

(A) to provide with the consent of the owners that two or more original plots each of which is held in one ownership in severality or in joint ownership, shall hereafter, with or without alteration of boundaries be held in ownership in common as a reconstituted plot.

(6) The scheme shall include all such provisions as the Authority may think necessary for carrying out the objects of the Act including the following matters:—

(a} the lay irtg out or re-laying out of land, either vacant or already built upon ;

(*) the filling up or reclamation of low-lying swamp or unhealthy areas or levelling up of land ;

(c) lay out of new streets or roads, construction, diversion, extension , alteration, improvement and stopping up of streets, roads and communications ;

(d) the construction, alteration and removal of buildings, bridges and other structures ;

(e) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets, industrial and commercial activities, green belts and dairies, transport facilities and public purposes of all other kinds ;

( f ) drainage inclusive of sewerage, surface or sub-soil drainage and sewage disposal ;

(g) lighting ;

(A) water supply ;

(i) the preservation of objects of historical importance or natural beauty and of buildings actually used for religious purposes.

19. A m endm ents and alterations o f the D evelopm ent Schem e.—

ri) If after the final scheme has come into force, the Authority 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 v/ithdraw the scheme and to publish the modified or withdrawn scheme in the manner prescribed in sub-section (1) of Section 10.

(2) The Smodification of the scheme shall state every amendment proposed to ke made in the scheme and if any such amendment relates to

g matter specified in any or all of the clauses (a) to (/) of sub-section (2) of Section 18, the modification shall also contain such other particulars as c may be found necessary by the Authority.

(3) The variation shall be open to inspection by the public at the j office of the Local Body or Bodies as prescribed, covering the area during office hours.

i (4) Within one month of the date of publication of the modifica- g 'tion, any person affected thereby may communicate in writing his objection < to the Authority

I (5) After receiving the objection under sub-section (4) above, the Autho- rity may, after making such enquiry as it may think fit, approve the pro- g posed modification with or without any further modification thereof. K i (6) Such modification shall take effect as if it were incorporated in the scheme from the date of its modification.

(7) The Authority shall thereafter submit the modified scheme to

fe the State Government for sanction. The modified scheme shall K be published after sanction as prescribed in subjection (1) of Section 10.

20. Pow er to revoke the D evelopm ent Sch erne.— (1) Notwith- | standing anything contained in section 19, a scheme may at any time be g modified or revoked by a subsequent scheme made, published and sanc- b honed in accordance with this Act.

(2) The State Government, at its own initiative or on the application g 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 I of the case the scheme shall be so revoked;

Provided that where revocation or modification is ordered by Govern- ment after people have partially or wholly implemented a scheme, s compensation should be paid for the necessary alterations in the manner fe prescribed.

E '

21. Pow er o f the A uthority to im p ose restr iction s.—For the < purpose of the Master Plan, the Land-use and Zoning Regulation and tie I Scheme, the Authority may impose reasonable restrictions on the | use of the land and building including the regulating of the open spaces i to be maintained around the building or buildings, the peicentage of the $ plot area to be covered by building or buildings, the number of building or i buildings on each plot, height and character of building or buildings allowed f;.. in specified areas, the purpose fot which building or buildings of the specified areas may or may not be used, the subdivision of plots, parking i space and loading and unloading space for any building and the sizes of projections and such other matters not inconsistent with the objects of this I ' Act.

CHAPTER V

Streets and Land Subdivisions

22. W idth o f public streets.— (1) The authority shall, from time to time, with the 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 buildings abutting thereon may b i erected and other similar considerations. $ ■

(2) I he width of a new public street shall not be less than tl prescribed in sub section (1) or that shown on the Master Plan for i class to which it belongs in areas for which a Master Plan has been prep cd.

23. P ow er to p r escr ib e S treet lin e s .—The Authority may presen, a line on one or both sides of any public street, provided a public notice! the proposal has been issued by the Authority in the prescribed manner. Nl person shall construct or reconstruct any portion of any building on lani within the prescribed new street line.

24. S ettin g back b u ild in g s to th e p rescr ib ed stree t l in e —(1 If any building or any part of a building abutting on a public .streets within such line of the street, the Authority may require such building t

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 addition to or struct!^ alteration in any portion of such building which is within the regular linef the street.

(2) When any building or any part thereof within the prescribed 111 of the street falls down or is burnt down or is taken down, und the provisions of this Act or otherwise, the Authority may at once ta possession of the portion of land within the prescribed line o f t street previously occupied by the said building and if necessary, cle the same.

(T) Land acquired under the foregoing sub-sections shall, henceforwa be deemed to be a part of the public street.

25. A cq u isitio n o f lan d w ith in th e lin e o f s treet.—If ar private land whethes open or enclosed, lies within the prescribed line of public street and is not occupied by a building, or if a platform, veranda! steps, compound wall, hedge, or fence or odrer structure, is within the line, such street the Authority may, after giving the owner of the land or buildii a notice of the intention to do so, take possession of the said land with its 0 closing wall, hedge or fence, if any, or of the said platform, verandah, stej or such other structure as aforesaid or of the portion of the said platform, verandah, steps or other such structure as aforesaid which is within t] prescribed line of the street.

26. A cq u isition o f the rem a in in g part o f b u ild in g after th e ir p o r tio n s w ith in a p rescr ib ed lin e o f the acq u ired .— ~

public street and if the Authority is satisfied that the land remaining aftff the exclusion of the portion within the said line will not be suitable or fit f^ construction of independent building, the Authority shall acquire thi remaining portion of the land if so desired by the owner.

and lant , street aw

-If a building or land is partly within the prescribed line oL$

27. S u b d iv is io n o f p r iv a te la n d .— (1) Every person who intendi to sub-divide any plot of land within the Master Plan Area shall give notic in writing toQhe Authority of his said intention and such notice snail accompanied by the plans and statements in triplicate.

(2) All plans for subdivision of land shall be in accordance with the lards prescribed by the State Government.

28. Plans accom panying notice.—A layout plan drawn to a ble scale and containing the following informations shall accompany the :e given under section 27 :— ^nj

th.!

(a) The location of the land, (&) The boundaries of the proposed land shown on the map, and sufficient description to define the same,

(d) Location, name and present widths of the adjacent roads and lanes,

(e) 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 sub- ject to innundation or flood,

The complete layout of the proposed sub-division showing the location and widths of all the proposed streets, dimensions and uses of all the plots,

(g) The locations of all drains, sewers and other utilities,

(A) Building lines permissible, 7-

(i) Scale and north line, ( j) Key plan.

.29. Sanction w ith or w ithout m odification or refusal.— (1) ! Authority may cither grant or refuse the approval to the plans or may irove them with such modifications as it may deem fit and thereupon all communicate its decision to the person giving the notice within three dnths from the date of the notice.

, (2)'No person shall be allowed to construct a building on any plot of .d, the sub-division of which has not been previously approved by the .thority.

fig; «

-3 0 . Layout not according to p lan.—Should the Authority Ermine at any stage that the layout or the . construction is not. proceeding .j>

according to the sanctioned plan or is in violation of any provisions of Act, it shall serve a notice on the applicant requiring him to stay ft® execution until correction has been effected in accordance with the appro plan.

31. Penalty for violation.—The Authority will have powei impose fine not exceeding Rs.250 on any person, firm or corporal who violates, disobeys, refuses to comply with, or who resists the enforcen of any of the provisions of this Act. Continuation of the violation shall < stitute a separate offence for which a fine of Rs.50 per day may be inapt for the days after the first conviction. An appeal shall lie to the Appel Authority constituted under this Act.

CHAPTER VI

Acqwisit ion o f La mi

32. Power o f State Government to acquire land.—Where the representation of the Authority it appears to the State Govern# that in order to enable it to execute the scheme it is nece«sary t land within, adjoining or surrounded by any such area should acquired, the State Government may in consultation with the Coll:

acquire the land by publishing in the Official Gazette a notice to the ef that the State Government has decided to acquire the land in pursuant! this section,

33. Proceeding for acquisition o f lan d .—(T The provisions:

the Land Acquisition Act, K94 (Genual Act No.I of 1894) shall be applies for acquisition of land u nder this Act and the compensation shall be cc puled under the provisions of the same Act.

(2) In computing compensation for land acquired, the value will be market value as prevailed on the 1st of January, 1957.

(3) The owner of the lands will al-o be enti led io the reasonable c of development, if any, made during the period,

(4) Twenty-five per cent increase in value on the date of acquisitii of the land.

34. Disposing o f land.—Subject to the rules made under this A

and with the previous sanctioi 8 cf the State G ovem rent, the Authority n retain, lease, exchange ©r otherwise, transfer any land acquired by it urn this A ct:

Provided that in case of lease or transfer the owner will get first pric ty, if due to acquisition he becomes landless.

35. Provision o f private .«egotia«ion before cesnpulM acquisition*—(1) The Authorhy may, in the first instance, make reasppal efforts to purchase any land by private negotiation.

(2) In case of failure to purchase the land by rivate negotiati within a specified time, the said land shall be compulscrily acquired.

13) Nothing in this section shall, however, debar the State GovernnM or. a local authority fe m compulsorily acquiring any land without, pc

£ 36, Paym ent to owner by adjustm ent,™ All payments due to be fade to any person by the Authority, under this Act, shall so far as possible,

e mad?¹by an adjustment in respect of the plot concerned or of any other lot in which he has an interest and failing such adjustment shall be paid in Sih or in such other way as may be agreed upon by the parties.

CHAPTER VII

C om pensation and betterm ent

£<37. R ight to com pensation .—Any person whose property is ftiOusly affected in value by the making ol a scheme shall, if he lakes a claim for the purpose within a period of three months after

W date of publication of a notification sanctioning the scheme under Action 16, be entitled to obtain compensation in respect thereof from the authority.

38. No right to com pensation .—A person shall not be entitled to Sain compensation under the foregoing section on account of any building tected on or contract made or other thing done with respect to any land ffliin the area included in a scheme after the date of the notification of the theme under section IS:

Provided that this provision shall not apply to any building erected, fitract made or other thing done in accordance with the permission Ibted unde, sections 13 and 1< of this Act.

|g3v Pow er o f Government to exclude com pensation in certain Jies.—(1) No compensation shall be payable in respect of any property (Sirh may be injur ously affected by putting into operation of any provision f. the scheme which :—

(^a

) prescribes the space about buildings : or K (i) limits the number of buildings; or

f e W prohibits or restricts building operations permanently or temporarily on the ground that erection of buildings 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 provision for roads, sewers, water supply or other public services ; or

Sh («) prohibits or restricts the use of land or a building for a purpose which may invoh e danger or injuty to public hygiene or the health of the occupants or the^:r neighbours or for a purpose which is against the public policy or public morals ; or fife(f ) in the interests of safety, regulates the height and position of pro- posed walls, and building fences or hedges near the corners or bends of roads : or

(g) in the case of the erection of any building intended to be used for purposes of business or industry, requires the provision of parking the vehicles.

(2) No compensation shall be payable for refusal of permission to make any alteration in any building which is not in conformity with the use speci- fied in the Plan or in the scheme.

40. R ight o f ow ner to require Authority to acquire or purchase la n d .— (1) The owner of any land which is to be acquired for purposes of a scheme may, at any time, after the sanction of the scheme by the Govern- m tnt, by a written notice to the Authority in the prescribed manner, call upon it to acquire or purchase the land in so far as the land is to be acquired by the State Government or the Authority.

(2) I f within six months of the service of the notice under sub- section (1) the land is not purchased or acquisition proceedings are not started, 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.

41. Levy o f betterm ent fee.— (1) Every property which has increas- ed in value due to its inclusion within an area under a plan or a scheme or due to the execution of such schemes shall be charged with a betterment fee; Provided that no such fee shall be levied on such public land or build- ing as are used for^-charitable, religious and educational purposes or for places of non-professional entertainment and recreation.

(2) The betterment fee shall be an amount equal to twenty per cent in case of residential holdings so long the original owners use for their resi- dances and equal to fifty per cent in case of non-residential areas and will be realised in five equal instalments.

Explanation.—The increase in value for the purpose of this Section shall be the increase in the market prices in between the date on which a notifi- cation under sub-section (1) of Section 15 has been issued and the date on which the exeettion of the scheme has been substantially completed.

42. Appeal.— (1) Any person aggrieved by the decision of the Authority with respect to matters of compensation and betterment 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 property togethet with any building or other works that may exist thereon.

(3) /T h e authority shall thereupon acquiie the property.

CHAPTER VITI

Appeals and the Appellate Authority

43. A ppointm ent o f Appellate Authority.— (1) Save as otherwise provided, the State Government shall appoint an Appellate Authority to hear all appeals arising out of the provisions of this Act. The decision of Appellate Authority shall be final.

(2) The person or persons appointed by the State Government as Ap- pellate Authority shall have the qualification of a District Judge. The appointment shall be on such terms and conditions as the State Government may decide.

44. D uties o f the Appellate Authority.— (1) The duties and powers of the Appellate Authority shall be as follows:—

(a) to hear and decide appeals against the 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 Government in accordance with the provi- sions of this Act.

(2) All appeals to the Appellate Authority shall be filed within a month from the date of the order appealed against. The time required for 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.

45. Procedure o f w orking o f the Appellate Authority.— (1) The Appellate Authority shall conduct its proceedings in the prescribed manner after giving the opposite party or any one interested in the order appealed against an opportunity of being heard,

(2) The Appellate Authority may, at any time, call for any extract from any proceeding of the State Government or Authority and call for any return or statement or report concerning or connected 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 and of enforcing the attendance of witnesses including the parties interested or any of them and compelling the production of documents and material objection if considered necessary.

(4) The Appellate Authority in its discretion may make any orders i egarding the costs to be paid by any of the parties to the proceedings and he Appellate Authority shall have full powers to determine 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 Authority shall be realised as arrears of land revenue, ,

46. R igh t to appear by recognised ag en t.—Every party to any proceeding before the Appel ate Authority shall be entitled to appear either in person or by his recognised agent.

47. Protection o f action taken u n d e r th is Act.—(1) No suit, prosecution or other legal proceedings shall lie against any person for any- thing which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.

(2) Save as otherwise expressly provided in this Act, no suit or other legal proceeding sh dl lie against the State Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any order made thereunder.

CHAPTER IX

Fansmce

48. D evelopm ent Fund.—The receipt of Authority under this Act shall form a separate development fund and all expenditure under this Act, or any development scheme thereunder, shall be defrayed out of such fund. No portion of the fund shal¹, except with the sanction of Government, he expended for purposes not provided by this Act.

49. Pow ?rs to bo rrow .—Authority as defined in this Act shall be deem- ed to be a iocal authority as denned in the Local Authorities Loans Act, 1914 (Central Act IX of ! 91 I) 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 authorised to carry out.

50. G ran ts , advances an d Ioans. ■ The Government may make " ich¹ grants, advances, and loans to the Authority as the Government may deem necessary for the performance of functions of the Authority under this Act issued all grants.

CHAPTER X

Legal Proceeding*

51 Penalty fo r b rea ch of" the provisions o f th e Master Plan or schem e.—-(1) When a M as'er Plan or a scheme has been sanction ed under this Act any person who commits or knowingly permits a breach/; of anv specified provisions of the Master Plan or of the scheme or who neglect.'or fails to Comply with any such provisions shall be punishable under (his section.

(2) Tn 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 provision of the Master Plan or the scheme'' within & time to be specified in the notice.

(3) If after such time any such person under sub-section (1) conti- nues to neglect or causes a breach ofany spec ified provision, such person shall be prosecuted and on conviction by a Magistrate be punishable by any or all of the following:—

(t) with fine which may extend to Rs. 500 with or without simple imprisonment not exceeding a period oi 2 months ;

(u) if the breach, neglect or failure continues after such conviction with fine which may extend to Rs. 30 for every day durini which the breach, neglect or failure continues after such conviction.

52. Pow er to execute w orks on failure to com ply w ith notice.— If a notice has been given under this Act to a person requiring him to execute a work in respect of any property, movable or immovable, or to provide or do or refrain from doing anything within a time speci- fied in the notice and if such person fails to comply with such notice, then the authority may cause 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 the said person as an arrear of land revenue.

53. Right o f occupier to execute w orks in default o f ow ner.—

When default is made by the owner of a building or land in the execu- tion of any work required under this Act to be executed by him, the occupier oi 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 absence of any contract to the contrary, be paid to him by the owner, or the amount may be deducted out of the rent from time to time be- coming due from him to such owner.

54. Procedure upon opposition io execution by occupier.—(1) If after receiving information of the intention ol the owner of any building orland to take any action in respect thereof in compliance with a notice issued under this Act, the occupier refuses to allow such owner to take action, the owner, may apply to a District Magistrate or Subdivisional Officer as the case may be.

(2) The District Magistrate or Subdivisional Officer upon proof of such refusal may make an order in writing requiring the occupier to allow the owner to execute all 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 order.

(3) If after the expiry of eight days from the date of the Magistrate's order, the occupier continues to refuse to allow the owner to execute such work, the occupier shall be liable, upon conviction, to a fine which may extend to Rs.30 for every day during which he has so continued to refuse.

(4) Every owner, during inc continuance of such refusal shall be discharged from any liability on account of such breach or default.

55. Recovery o f cost o f w ork by the occup ier.— When the j occupier of a building or land in compliance with a notice issued under ' this Act, executed a work for which the owner of such building or land is responsible, 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 recover J from the owner by deduction from the rent payable by him or otherwise the reasonable cost of such work.

56. Penalty for obstructing contractor or rem oving m ark.

If any person.—

(a) obstructs or assaults any person with whom the authority has entered into a contract for the performance or execution by :

such person of his duty or of anything which lie is empowered j or required to do under this A c t; or

(/>) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under "

this Act, shall be punishable with fine which may extend to Rs.500 or with or without simple imprisonment for a term which may extend to two months.

*. vam s.—uvviy

ployed by the

57. O fficers under the Act to be pub lic ser n t E er officer and servants of authority and every other officer errq , , State Government for the purposes of this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Gode (Central Act No.15 of 1860).

58. A uthority for prosecution .—Unless otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act, except on the complaint of, or upon information received from, the Authority or some person authorised by the Authority by orders in this behalf.

59. Pow er o f A uthority to in stitu te proceedings, etc., and to take legal advice.—The Authority shall subject to rules framed under this Act have po .vers to—

•

(«) institute, defend or withdraw from legal proceedings under this Act ;

(i) compound any offence against this Act, before the matter is referred to the court ;

(d) obtain such legal advice and assistance as it may from time to

time think necessary or expedient to obtain for any of the purposes, referred to in the foregoing clauses of this section for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the Authority or any officer or servant

. of the Authority.

60. Bar to su its and prosecutions in certain ca ses .— (I) No suit, prosecution or other proceeding shall lie against an Authority or any officer or servant thereof or any person acting under their direction or any Government Officer or servant employed for the purposes 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 servant of the authority or any Government Officer or servant employed for the purposes of this Act for anything done under this Act,— (а) unless the previous sanction of the State Government has been obtained; and

(б) until the expiration 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.

61. Punishm ent for m aliciou s abuse o f p ow ers.—Any servant of the Authority or of the Government who wilfully or abuses any power conferred on him by or under this Act, shall able with imprisonment which may extend to six months or which may extend to Rs.500 or with both:

officer or

negligently

be punish-

with fine

Provided that no prosecution shall be instituted under this section-

(a) unless the previous sanction of the State Government has been obtained ;

(Z>) until the expiry of two months' notice in writing has been given to the person concerned clearly stating the cause of action and the nature of relief sought, etc.

62. R egistration o f docum ents, p lans or m ap s in connection w ith schem e.— (1) Nothing in the Indian Registration Act, 1908 (Central Act No. XVI of 1908) shall be deemed to require the registration of any docu- ment, plan or map prepared, made

scheme which has come into force.

or sanctioned in connection with a

(2) All such documents, plans scheme shall, for the purposes Registration Act, 1908 (Central Act XVI of 1908) be deemed to have been and to be registered in accordance with the provisions of that A ct:

and maps relating to the sanctioned

of sections 48 and 49 of the Indian

Provided that documents, plans and maps relating to the scheme shall be accessible to the public, free of charge in the manner prescribed.

63. O rders under the Act not to be questioned in any Court.—No order made in exercise of any power conferred by or under thi s Act shall be called in question in any court except as provided in this Act.

64. Effect o f orders in con sisten t w ith other en actm en ts.—

Any order made under this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.

CHAPTER XI

M iscellaneous Pi-ovisions

05. Service o f n otice.—-Every notice issued under this Act shall 1

be served as prescribed by rules.

66. M ethod o f giving public notice.—Subject to the provision* J of this Act, every' public notice required under this Act shall be deemed to | have been given if it is published in some local newspaper (if any) or a '3 | paper of general circulation in the area and posted upon a notice board®

to be exhibited for public information at the building in which the meetings I of the Local Authority are ordinarily held or by publishing it in official 3 Gazette.

67. Form al defects in a ssessm en ts and dem ands. —No assessment J

list or other list, notice or other such document specifying, or purport- ",-a ing to specify with reference to any charge, or fee, any person's property, 9 thing or circumstances shall be invalid only by reason of a clerical or techni- q cal mistake in the name, residence, place of business or occupation of the -1 person or in the description of property, thing or circumstances and it shall ya be sufficient if the person, property, thing or circumstances is described | sufficiently for the purpose of identification, and it shall not be necessary 1

to name the owner or occupier of any property liable in respect of the '4 charge.

68. Power and duties o f police in respect o f offences and | assistan ce to A uthorities.—Every police officer, mauzadar -I or officer of the Local Authority shall give immediate information to the ?| Authority of an offence coming to his knowledge which has been committed 1 under this Act, or against any rule, made under this Act and shall ® be bound to assist all members, officers and servants of the Authority in the d j exercise of their lawful authority.

69. D ecision o f d isputes between A uthorities.—Should a | dispute arise between the Authority and any other Local Authority on any matter in which they are jointly interested, such dispute shall be referred to the State Government, whose decision shall be final.

70. Pow ers to enter into land for inspection, etc.—For the

purpose of making or execution of any scheme, the Authority or persons y appointed by the State Government, their subordinates and contractors , may enter into or upon any land, in order—

• • . ■ ■ ffw fl («) to make any inspection, survey, measure valuation or enquiry ; | (i>) to take levels ;

(d) to set out boundaries and intended lines of work j

(e) to mark levels, boundaries and lines by marks and cutting trenches ; or

( / ) todo any other thing, whenever it is necessary to do so, for any of the purposes of this Act or any rule made or scheme sanctioned hereunder or any scheme which the authority intends to frame hereunder:

Provided as follows

(a) except when it is otherwise specially provided by a rule no such entry shall be made between sunset and sunrise ;

(6) except when it is otherwise specially provided by the rules, no building' which is used as a human dwelling shall be so entered unless with the consent of the occupier thereof, without giving, the said occupier at least 24 hours previous notice in writing of the intention to make such entry;

(c) due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered.

7I. M ode o f proof o f the records o f the A uthority.—A copy Rof receipt, application, plan, notice, order, entry in a register, or other ^document in the possession of the Authority shall, if duly certified by the lawful keeper thereof or other person authorised by the Authority in this behalf be received as prima facie evidence of the entry or document and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such m att- ers.

72. Power o f Authority to m ake agreem ents.—The Authority shall be competent to make any agreement with any person in respect of any i matter, which is to be provided for in a scheme and, unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the scheme comes into force.

| 73. Pow ers o f the State

(i) The State Government shall have power to make specific respect of the following matters.

(2) In particular and without prejudice to the generality foregoing powers, the State Government in consultation with the p shall have power to make rules in respect of the following matters:-

Government to make rules.—

rules in of the Council

(i) The manner of publication of the notification regarding scheme, their modifications, variations, revocations, submission and sanction by the State Government.

(ft^-) Powers that may be delegated to any Authority established under this Act or to any officer. (wi) Procedure to be adopted for securing co-operation of various Government Departments, the owners or other persons or bodies interested in schemes.

(ill) All matters pertaining to land acquisition including procedur and m iking of awards, compensation and. the possession c land by Authority in ordinary and emergent cases. (;«)

(t'«)

(wzi)

(v) Calculation, assessment and payment of compensation in respec| of property which is injuriously affected within the meaning assist gned to it in section 37 of this Act. * 4

Calculation, assessment and collection of betterment contribihj tion.

Procedure of filing, hearing and deciding objections and appeals under the /Act and all matters connected therewith. | I'he delegation of powers to and the duties that shall be discharg- ed by the Director and the matters on which and the manner in which he shall be consulted.

Matters other than those referred to in foregoing clauses whichf are express! v or by implication requires or allowed by this Acts to be prescribed by rules. '

(x) Creation and administration of fund for the purpose of imple-l meriting the provisions of this Act.

(«)

A uthority to m ake bye-laws.—(1) The Autho-

of the matters;

with the rules

74. Pow er o f the . rity shall have power to make bye-laws in respect enumerated under this section and not inconsistent made by the State Government—

(?) land sub-division and lay out of public street,

(w) width for different classes of public streets nature of traffic to be carried thereon, according to the

(Hi) street lanes and setting back of buildings from the regular line o! the street,

(iv) zoning regulations prescribing the type or description of building which may or may not be, and the purpose for which a building may or may not be created, in ;ny prescribed area or areas,

(v) regulation and display of advertisement in the interest of amenity, aesthetic, er public safety,

(vi) regulations in any manner not specifically provided for in this Act, the erection of any enclosure, wall, fence, tent or other structure on any land within the limits of the authority. '

(2) The power to make bye-law under this Act shall be subject to the condition of previous publication.

(3) No such bye law shill come into force until it is approved by the State Government.

(4) The State Government may cancel their confirmation of any such bye-law and thereupon the bye-law shall cease to have effect.

B. C. BARIJA,

Secy, to the Govt, of Assam, Law Depth