The Arunachal Pradesh Airport area Planning and Development Authority Act, 2023
Arunachal Pradesh · state statute
Open in Lexace · Ask the AI about this actThe Arunachal “;radesh Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No.234, Vol. XXX, Nahariagun, Friday, September 29, 2023, Asvina 7, 1945 (Saka)
GOVERNMENT OF ARUNACHAL PRADESH
LAW, LEGISLATIVE AND JUSTICE DEPARTMENT
" CIVIL SECRETARIAT
ITANAGAR
NOTIFICATION
The 20th September, 2023
No. Law/Legn-10/2023.—The following Act of the Arunachai Pradesh Legislative Assembly which was passed in the Twelfth Session of the Seventh Legislative Assembly and received the assent of the Governor of Arunachal Pradesh is hereby published for general information.
(Received the assent of the Governor on 27th September, 2023)
THE ARUNACHAL PRADESH AIRPORT AREA PLANNING AND
DEVELOPMENT AUTHORITY Act, 2023
(ACT No.8 OF 2023)
An
Act
to provide for constitution of the Arunachal Pradesh Airport Area Planning and Development Autharity for proper planning and setting up of infrastructural facllities, developmental work and upgradation of existing infrastructural facilities in the airports of the State and matters connected therewith and incidental thereto.
WHEREAS, providing of better communication facilities to the residents of Arunachal Pradesh, tourists visiting Arunachal Pradesh in the Airports of the State is Vvery necessary;
AND WHEREAS, establishment of a state-of-the-art Airport with world class urban infrastructure facilities in Hollong! Donyi Polo Airport or any other Airport in the State, as the case may be, is utmost importance ;
AND WHEREAS, to secure the welfare of the villagers in adjoining Airports in the State, for their orderly development is also imperative ;
AND WHEREAS, benefit of Airport to adjoining villagers for securing the orderly establishment of the Airports in the State is urgently felt ;
NOW, THEREFORE, be it enacted by the Legislative Assembly of Arunachal Pradesh in the Seventy-fourth Year of the Republic of india, as follows : -
1. (1) This Act may be called the “The Arunachal Pradesh Airport Area Planning and Short title,
Development Authority Act, 2023". t;oglmencemem
(2} It shail come into force on the date of its publication in the Official Gazetie application.
(3) Mtshallapply to the Airport Area specified in the Schedule hereto and to such other
areas, with effect from the date of its publication in the Official Gazette.
2. Inthis Act, unless the context otherwise requires, Definitions.
(@) “Airport Area” means the Airport Areas specified in the Schedule appended in this
Act or any other airport area as may be appended thereto ;
(b) “Airport Planning Area” means the area declared as the Airport Planning Area
under sub-sections {1), (2) and (3) of section 7 of the Arunachal Pradesh Urban
and Country Planning Act, 2007 (Act No.3 of 2008} ;
() “Authority” means the Arunachal Pradesh Airport Area Planning and Development
Authority constituted under section 3 of this Act ;
2 The Arunachal Pradesh Extraordinary Gazette, September 2g, 2023
(d) “Clearances” means no objection certificates, consents, approvals, permissions,
registrations, enrollments, licenses and the like, required under the relevant law in
connection with setting up of the infrastructural facilities, developmental work and
upgradation of existing infrastructural facllities connected with or related to Airport;
(e) “Chairperson” means the Chairperson of the Authority ;
(f) “Competent Authority” means any Department or agency of the Government,
autherized agency, statutory authority or body, village panchayat, municipality or
municipal corporation or other local body or any other authority or committee which
is entrusted with the powers and responsibilities to grant or issue clearances ;
(g) “Government” means the Government of Arunachal Pradesh ;
(h) *notification” means a notification published in the Official Gazette of the Government
of Arunachal Pradesh ;
(i) “prescribed” means prescribed by rules made under this Act ;
(i) “relevantlaw” means the State law and the rules, regulations, notifications and orders
framed or issued thereunder ;
(k) "Schedule” means Schedule(s) appended to this Act ;
(1) “Secretary” for the purpose of this Act means, Secretary, Commissioner, Principal
Secretary, Additional Chief Secretary of the Department.
Consfitution 3. The Government may, by notification in the Official Gazette, constitute an Authority, to
of Authority. be known as the Arunachal Pradesh Airport Planning and Development Authority, to
exercise the powers conferred on, and to perform the functions assigned to it, by or
under this Act.
Composition 4, The Authority shall consist of the following ex-officio members, namely :
of Authority. (i) Chief Secretary, Arunachal Pradesh : Chairperson
(i) Secretary (Finance) : Member
(iiy Secretary (APPWD) H Member
(v) Secretary (Planning and Investment) H Member
() Secretary {Civil Aviation) B Member
v} Secretary (Health & Family Welfare) : Member
(vii) Secretary (Disaster Management) H Member
(vii) Secretary (Land Management} : Member
(ix) Secretary (Town Planning) : Member
(x) Principal Chief Conservator of Forests H Member
(xi) Director Town Planning : Member Secretary
Authentication. 5. Al orders and decisions of the Authority shall be authenticated by the Member Secretary
of the Authority.
Powers and 6. TheAuthority shall exercise the following powers and functions, namely :
functions of the §
Authority. (i) to meet at such times and place(s) as the Chairperson may decide and shali
transact the business as per the procedure as may be prescribed.
(i) to receive proposals for clearance and give acknowledgement there of ;
(ii)) to advice the Government from time to time ;
(iv) to exercise the powers of the Planning and Development Authority under the
Arunachal Pradesh Urban and Country Planning Act, 2007 (Act No.3 of 2008), a
municipality under the Arunachat Pradesh Muniicipal Act, 2007(Act. No. 4 of 2008),
a Municipal Corporation under the Arunachal Municipal Corporation Act, 2019 or
the Village Panchayat under the Arunachal Pradesh Panchayat Raj Act, 1997
(Act No. 5 of 2001), as the case may be, in respect of the Airport Planning Area ;
(v) toexercise all the powers, which are otherwise vested in the Competent Authority
under the relevant law or rules, regulation, bye laws, notifications issued thereunder
s0 as 1o give clearances for development of the Airport Planning Area.
(vi) the Authority shall exercise such other powers and functions as may be by order
determined by State Government.
The Arunachal Pradesh Extraordinary Gazette, September 29, 2023 3
7.
10.
1.
12.
13.
14.
15.
(1) Notwithstanding anything contained in the Arunachal Pradesh Urban and Country
PlanningAct, 2007 (Act No. 3 of 2008), for the Airport Planning Area, the Authority
shall be deemed to be a Planning and Development Authority under the said Act.
{2) This Authority shall also be a deemed Panchayat having all powers under the
Arunachal Pradesh Panchayat Raj Act, 1997 (Act No. 5 of 2001) and a deemed
Municipality under the Arunachal Pradesh Municipal Act, 2007 (Act. No.4 of 2008)
a Municipal Corporation under the Arunachal Pradesh Corporation Act, 2019 with
all powers thereof.
{3) Notwithstanding anything contained in any relevant law for the time being in force,
once a proposal is cleared or clearance or permission is granted by the Authority
under this Act, no other clearance shall be required from any Competent Authority
or any other authority under the provisions of any such relevant law, uniess
specifically provided in the relevant law for so doing.
(1) The Government shall provide the Authority with such officers and employees as
may be necessary.
(2) The officers and employees of the Authority shall discharge their functions under
the general superintendence of the Chairperson.
(3) The salaries, allowances and other conditions of service of such officers and
employees of the Authority shall be such as may be prescribed.
The Chairperson, Members, officers and empioyees of the Authority shall be deemed
to be public servants within the meaning of section 21 of the Indian Penal Code
(45 of 1860).
Any person aggrieved by a decision of the Authority under this Act, may, within a period
of thirty days from the date of such decision, prefer an appeal before the Civil Court of
competent jurisdiction.
Provided that, the matter arising out of the order or decree of the Civil
Court of competent jurisdiction the appeal shall lie before the High Court.
No suit, prosecution or other legal proceedings shall lie against any person for anything
which is in good faith done or intended to be done under this Act or any rule made
thereunder
The provisions of this Act shall not apply to any clearances required under Central
enactments.
To achieve the objectives of the Act, the Government may give direction to any Govemment
Department or Agency, Authority, local authority or other authority or any person,
under this Act with regard to the setting up of the infrastructural facilities, developmental
work and upgradation of existing infrastructural facilities connected with or related to
the Airport and such Government Department or Agency, Authority, local authority or
other authority or person.
The Government may, by notification make rules for carryingout all or any of the provisions
of this Act.
If any difficulty arises in giving effect to the provisions of this Act, the Government may,
by order published in the Official Gazette make such provisions ,not inconsistent with
the provisions of this Act as appear to it to be necessary or expedient for removing the
difficulty :
Miscellaneous
Provisions.
Staff of
Authority.
Members, etc.,
to be public
servants.
Appeals.
Protection of
action taken in
good faith.
Savings.
Power to give
directions.
Power to
make rules.
Power to
remove
difficulty.
4 The Arunachal Pradesh Extraordinary Gazette, September 29, 2023
SCHEDULE
All the Hollongi Donyi Polo Alrport Area measuring1379.14 Hectares comprising of parts of the areas
of villages of Hollongi, Kokila, Chengmara, in the plan appended hereto but excluding the built-up area
measuring 350.90 hectares of Hollongi Donyi-Polo Airport as described more specifically hereinunder and
bounded by:
1. North : Boundary Line of Durpong Reserve Forest.
2. South : Rajgarh Ali Road and Assam-Arunachal Boundary
HOLLONGI AIRPORT PLANNING & DEVELOPMENT AUTHORITY AREA
N L -3 L3 R
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k. s A Smsmmswmc et et SO hoewd Lant R A
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3. East: Chengmara River;
4. Woest: National Highway No. 418.
Any other Airport Areas as may be appended.
Onit Panyang, IAS
Commissioner to the
Government of Arunachal Pradesh,
ltanagar.
Published and printed by Directorate of Printing, Naharlagun—413/2023-DoP-250+Secy (LA)-50+ Commissioner
{Law.)}-50 +Secy.(Town Planning)-50-9-2023.
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