LexThe ASSAM STATE CAPITAL REGlON DEVELOPMENT AUTHORITY ACT, 2017
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THE ASSAM GAZETTE
~~q
EXTRAORDINARY
~~ <f)'{~~ ~ ~
PUBLISIIED BYTHEAUTHORITY
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rJ ~ 621 ~~. ~. lO~'if«. 2017. 8 ~.1939 ~)
No. 621 Dispur, \1onday. 30th Oclobcr, 2017, 8th Kartika, 1939 (S.E.)
vOVERNME~T OF ASSAtVI
ORDERSBYTHf GOVER..~OR
LhGISLATlVE DCPARl MEN l .. : LEGISLATlVE BRA.~CII
NOTIFICATION
The 25th October, 2017
No. LGL .234/2017/5.- l he following Act of the Assam Lcgi'>latiYc Ac;sembly
which received the assent o( the Governor on 16th Octob(;r, 2017 is hereb) published for general
mformalion.
ASSAM ACT NO. :XXXVIII OF 2017
(Received the assent of the Governor on 16th October, 2017)
T UE ASSAM STATE CAPITAL
REGlO:\ DEVELOPME..~T \L'THORITY ACT, 2017
4698 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30. 2017
Preamble
AN
ACT
to provide for the establishment of a Regional Development Authority for the
preparatkm of a Regional Plan for the development of the Assam State Capital
Region and for purpose of co-ordinating and supervising the proper, orderly and
rapid d•~velopment of the areas in that Region and of executing plans, projects and
schemes for such development, and to provide for matters connected therewith, or
incidental thereto.
Whereas it is expedient in the public interest to provide for the establishment of
Regional Development Authority for the preparation of such a Regional Plan for the
development of the Assam State Capital Region and purpose of co-ordinating and
superv1slng the proper, orderly and rapid development of the areas in that Region
and of executing plans, projects and schemes for such development. and to provide
for matters connected therein or incidental thereto:
It is hereby enacted in the sixty-eighth year of the Republic of India as fo!Jows:-
CHAPTERl
PRELIMINARY
Shondtie, 1. (1) This Act may be called the Assam State Capital Region Development
ClCIMl and th C'lmmenccmenr .4u onty Act. 2017
Defi11itiom
(2) lt extends to the Assam State Capital Region area as specified in the schedu le
appended to this Act.
(3) It shall come into force on such date as the State Government may by
notification in the Official Gazette. appo int.
2. In this Act. unless the context otherwise requires ,-
(a)"Authority" means the Assam State Capital Region Develo'Jmc:.'1~ A\!:hority
constituted under sub-section (l) of section 3;
(b)"amenity" includes roads, bridges any o·•.:h~ means ofcommun:ca:.'O ~c.s'"IOrt
supply of water and electricity, any other sc-:ce of ener&}'. street Iii ~r..; ara.:'lage
sewerage and conservancy, and any other cow. er.1e"'ce as the St:a<i! Go.-en:ment In
consultation with Authority, may from tu;te :o o..~e. oy nod!lc:a!lG=.. - ~e <>fficial
Gazette, specify to be amenity for the purposes _, -.:.;.s Act:
1 Hl: AS~AM GAZETTE. EXTR.AORJL,ARY. OCTOBER 30. '.Wl 7 4699
(c) "Assam State Capital Region• or "State Capital Region" means the area specified
in the Schedule. The State Government may, from time to time, by notification In the
Official Gazette, amend that Schedule by adding thereto or deleting there from any
area or areas specified in such notlflcation ; and thereupon any area or areas shall
be the "State Capital Region":
Provided that, no such not ification shall be issued by the state Government
unless the draft of the same has been laid before the House of the State Legislature
and has been approved by a resolution passed by the House in that behalf; and upon
such approval, the notification may be issued and shall take effect in the form in
which It Is so approved.
(d) "Committee" means the Executive Committee constituted under sub-section (1)
of section 4;
(e) "development", with Its grammatical variations, means the carrying out of
bu!ld1ng engineering, mining or other operations in or over, or under any land
(Including land under river , lake or any other water) or the mak1ng of any material
change In any building of land, or In the use of any building or land and includes
redevelopment and Jayout and Sub-divisions of any land and also the provisions of
amenities and projects and schemes for deveJopment of industrial, agriculture,
horticulture, floriculture , forestry, dairy development, poultry farming, piggery,
cattle breeding, fisheries and other similar activities and the words "to develop"
shall be construed accordingly;
(f) "Development Scheme" means Plans defined under Assam Town and Country
Planning Act, 1959 (amended) Guwahati Metropolitan Development Authority Act,
1985 (amended) and Guwahati Municipal CorporationAct, 1969 (amended).
(g) "Functional Plan" means a plan prepared to elaborate one or more elements of
the Regional Plan ;
(h) "Government" means the Government of Assam;
(l) 1and" Includes benefits arising out of land, and things attached to the earth, or
permanently fastened to anything attached to the earth;
0) •Master Plan" means Plans defined under Assam Town and Country Planning
Act, 1959 (amended), Guwahati Metropolitan Development Authority Act, 1985
(amended);
(k) nprescribed" means prescribed by rules made under this Act;
(1) rProject Plan., means a detailed plan prepared to implement one or more
elements of the Regional Plan, Sub-Regional Plan, Dlstrict Plan, Functional Plan,
Master Plan. Development scheme as the case may be
(m) .. Regional Plan• means plan prepared under the provisions of the this Act for
the developmen t or redevelopment of {Assam State Capital Region} as defined in
this Act, or for any part thereof and includes a draft or final Master Plan prepared
for the said region or any Part thereof whether before or after the commencement
of this Act which is for the time being In force;
.O..wnActN oU
or 1961. A&wn
/lc1No.XXof
1987. Assam Act
No I ofl'r3
Asse Azt No II
of 1968, NS11111
Act No XXol
1987
4 700 THE A SSA M GAZETTE , EXTRAORDINARY , OCTOB ER 30, 201 7
Constitution
and
Incorporation
of the
Authority
(n)"Regulations" means regulations made by the Authority under this Act;
( o) "rule" means rule made under this Act
(p) "Schedule'' means the schedule appended to this Act,
(q) "Sub-Region" means such part of the State Capital Region as falls entirely within
the limits of a particular development authority or local bodies; and
(r) HSub-Reg1on Plan .. means a plan prepared for sub-region.
OIAPTERD
THE ASSAM STATE CAPITAL REGION DEVELOPMENT AUTHORITY
3. (1) As soon as may be after the commencement of this Act. the State
Government shall by notification in the Official Gazette, constitute for the purposes
of this Act, a Authority to be called "The Assam State Capital Region Development
Authority"[ herein after referred to as "the llegion Development Authority" or "the
Authority"}.
(2) The Authority shall be a body corporate , by the name aforesaid . having
perpetual succession and a common seal with power , subject to the provisions of
this Act. w contract and shall. by the said name. sue and to acquire hold and dispose
the property, both movable and immovable and to contract and may sue or be sued
by lts corporate name aforesaid.
(3) The Authority shall consist of such numbers, not exceeding twelve, as may be
prescribed, and unless the rules made In this behalf otherwise provide, the
Authority shall consist of the following members, namely:-
(i) The Chief Minister, Assam who sha11 be tbe Chairman;
(ti) The Finance Minister, Assam ;
(iii) The Minister of Guwahati Development Department ;
(Iv) The Minister of Urban Development Department;
( v) Vice Chairman of the Authority who is notified by the Government
of Assam not below the rank of Commissi.oner & Secretary to the
State Government;
(vi) Four (4) elected Members of Parliament/ Members of Legislative
Assembly who shall be nomlnated by the Government and be
members on a rotational basis ;
(Vii) Two (2) members who shall be persons having knowledge and
experience in town planning. to be nominated by the State
Government ;
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2017 470 1
(viii) A full-time Secretary of the Authority who will act as Member
Secretary:
Provided that no change shall be made in the composition of the Authority by
rules except with the previous consent of the Government.
(4) The terms and conditions of office of the members nominated under clause (vi),
clause (vii), of subsection (3) shall be 3 (three) years or such as may be prescribed.
(5) No Act or proceeding of the Authority or of any Committee or other body
thereof sha11 be deemed to be invalid at any time merely on the ground that.-
a) any of the members of the Authority or its Committee or body are not duly
ele<:ted, nominated or appointed or for any other reason are not available to
take office at the time of the constitution or any meeting of the Authority or
of its Committee or body or there is any defect in the constitution thereof,
or any person is a member in more than one capacity or there are one or
more vacancies in the offices of any such member:
b) there is any Irregularity in the procedure of the Authority or such
Committee or Body, affecting the merits of the matter under consideration.
(6) The Authority shall meet at least once in three months, in such place and at
such time as the Chairman may decide and observe such rules of procedure in
regard to the transaction ofbusiness at its meetings (including the quorum thereat)
as may be laid down by regulations.
(7) The Authority may utilize the services of fo11owing institutions/organizations in
discharging of preparation of plans and development of infrastructure:-
( a) Development Authorities constituted under the GMDA Act,1985 with
amendments and Assam Town & Country Planning Act,1959 with
amendments .
(b) Guwahati Municipal Corporation, other urban & rural local bodies and
Authorities administrating 6th schedule areas falllng under Assam State
Capital Region.
(c) Other Government and Semi-Government departments , as the case may be:
Provided that Authority may, by a resolution add any other institutions
/ organ\zations as the case may be, and delegate to them powers.
Composition -4.
of the
(1) The Authority shall as soon as may be, after the commencement of this Act.
-constitute a Committee, to be called the Executive Committee, for assisting the
Authority in the dJscharge of its functions.
E~ocutive
Cormnittcc.
(2) The Executive Committee shall consist of such members, not exceeding
twelve, as may be prescribed and unless the rules made in this behalf otherwise
provide. the Committee shall consist of the following members, namely:-
4702 THE ASS/u\1 GAZETTE, EXTRAORDfNARY, OCTOBER 30. 2017
Powertoco
opt.~.
Vacancies, et(.
not to
lnvalld<lte
proceedings of
the Authority
or the
Committee
Fuoctlons of
the Autborit;f
(i) Vice-ChaJnnan of the Authority shall be the Chairman of the
Executive Committee:
(ii) Senior most Secretary or not less than Commissioner & Secretary,
Urban Development Department;
(iii) Senior most Secretary or not less than Commissioner & Secretary,
Guwabati Development Department;
(iv) Senior most Secretary or not less than Commissioner & Secretary ,
Finance Department;
(v) Senior most Secretary or not less than Commissioner & Secretary,
Revenue & Disaster Management Department ;
(v1) Commissioner ofPWD of Roads and BuUding;
(vii) Deputy Commissioner of all Districts falling within the State Capital
Region;
(viii) Member Secretary of the Authority shall act as member secretary of
the Executive Committee:
(ix) One member who is expert in the field of urban planning and
development to be appointed by the Government.
(3) The Executive Committee shall meet at such place and at such time as may
be determlned by its Chairman, and shall observe such rules of procedure as tt
may determine or frame In this regard.
S. (1) The Authority or the Committee may, at any time and for such period as it
thinks fit, co-opt any person or persons as a member or members of the
Authority or of the Commtttee.
(2) A pID"Son co-opted under sub-section 5(1) shall exercise and discharge all
the powers and functions of a member of the Authority or of the Committee, as
the case may be, but shaU not be entitled to vote.
6. No act or proceeding of the Authority or of the Committee shall be lnvalid
merely by reason of,-
(a) the existence of any vacancy in or any defect in the constitution of the
Authority or the Committee; or
(b) any irregularity in the pre>cedure of the Author ity or of the Committee
not affetting the merits of the case.
CHAPTERJll
FUNCTION AND POWERS OF THE AUTHORITY AND OF THE COMMITTEE
7. The main object of the Authority shall be to secure the development of the State
Capital Region according to the Regional Plan, and for that purpose the functions of
the Authority shall. -
(a) prepare the Regional Plan for the area under State Capital Region;
Pawers of
the
Authority
Functio11S of
the
Committee
TIJE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2017 4703
(b) co·ordinate the preparation of Functional Plans, Sub· Regional Plans,
Development Schemes and Project Plans by concerned Development Authority,
Corporation, local bodies, Panchayat and various Government Departments;
(c) to arrange for, and oversee, the financing of selected development projects in
the State Capital Region through Government fund and other sources ofrevenue;and
( d) review of Phys teal. Financial and Economical Plan in respect of the Authortty.
8. The powers of the Authority shall include the powers to, -
(a) seek information from the development Authorities and local bodies and
Department of Government within State Capital Region with regard to
preparation and implementation of Functional Plans and Sub·Regional Plans;
(b) indicate the stages for the implementation of the Regional Plan;
(c) review the Implementation of the Regional Plan, Functional Plan,
Development Schemes and Project Plan;
(d) select and approve comprehensive projects, call for priority development and
provide such assistance for the implementation of those projects as the
Authority may deem fit;
(e) select, in consultation with the State Government, any urban area, outside the
State Capital Region having regard to it's location , population and potential
for growth which may be developed as a counter-magnet in order to achieve
the objectives of the Regional Plan; and
(f} entrust to the Executive Committee such other functions as it may consider
necessary to carry out the prov1sions of this Act.
9. (1) The functJons of the Executive Committee shall be to assist the Authority in, -
(a) the preparation and coordinated implementation of the Regional Plan and the
Functional Plan;
(b) coordinate implementa.tion of the Sub·Regional Plans and all Project Plans to
ensure that the same are in conformity with the Regional Plan;
(c) appointment of staff;
(d) planning and implementation of projects and schemes of the Authority,
including approval or rejection of such pr-ojects and schemes;
(e) approval OT rejection of tenders for projects and schemes of the Authority;
4704 TTIEASSl\M GAZETTE, EXTRAORDINARY, OCTOBER 30, 20 17
om~ano
SlllT
ConLents or
the R.l!j!lonal
Plan
(f) investment of surplus money of Authority in any manner with approval of
Government;
(g) the Institution conduct and withdrawal of any legal proceedings on behalf of
the Authority;
(:2) The Committee may also make such recommendation to the Authority as it may
think necessary to amend or modify any Functional Plan, Development Scheme or
any Project Plan.
(3) The Committee shall perform such other functions as may be entrusted to lt by
the Authority .
(4) Subject to the general superintendence and control of the Authority , the
management of the affairs of the Authority shall vest in the Executive Committee.
10. (1) The Chief Administrative /Executive Offi~er of the Authority shall be
appointed by the Government of Assam not below the rank of Secretary to the State
Government. The State Government shall by order determine . from time to time,
the salary and other terms and conditions of service and the powers and functions.
He shall be appointed for such period not exceed ing three years as the State
Government may decide. and the appo intment may be extended from time to time
for a period not exceeding three years at a time.
(2) The Authority may, appoint Deputy or Assistant Regional Development
Commjss ioners, Urban Planners, Engineers , Law-Officer, Accounts Officer and other
officers either on deputation or on appointment.
(3) The Authority may, from time to time, Issue sanction for creation of posts of
officers, staffs as may be necessary for the efficient performance of the functions of
the Authority. The condition of recruionent, appointment and service and the
powers and duties of such officers , and staff shall be such as may be determined by
service regulations.
CHAPTER-TV
THE REGIONAL PLAN
11. (1) The Regional Plan shall be a written statement and shall be accompanied by
such maps, diagrams, illustrations and descriptive matters as the Authority may
deem appropriate for the purpose of explaining or illustrating the proposals
contained in the Regional Plan and every such map, diagram, Jllustration. and
descriptive matter shall be deemed to be a part of the Regional Plan.
(2) The Regional Plan shall indicate the manner in which the land tn the State
Capital Region shall be used, Including green belts, urban forests and recreational
areas whether by carrying out development thereon or by conservation or
otherwise, and such other matters as are Ukely to have any Important Influence on
Surveys and
studies
Procedure co
be followed
f'orthe
preparation
of the
Reefonal Plan
TilFASSAM GAZETTE.EXTRAORDTNARY. OCTOBFR 10. 2017 4705
the development of State Capital Region and every such Plan shall include the
following elements needed to promote growth and balanced development of the
State Capital Region, namely:-
(a) the policy in relation to land-use and the allocation ofland for different uses;
(b) the proposals for major urban settlement pattern;
tc) the proposals for providing suitable economic base for future growth;
{d) tht: proposals regarding transport and COtnfllUnications including roads,
railways, waterways. metro rail, bus rapid transit system and arterial roads
serving the State Capital Reg1on;
(e) the proposals for the supply of drinking \4.l'ater, drainage and sewerage ;
(f)in dication of the areas which require immediate development as "priority
areas~·
(g) regional plan proposals for Industrial corridor and Industrial park;
(h) such other matters as may be Included by the Authority with the concurrence
of the State Government and local authorities for the proper development of the
growth and balanced development of the State Capital Region .
(3) The Authority may also in consultation With the local Authority concerned. for
the purpose of the integrated development of the State Capital Region, undertake
modifkatlon or revision of the Development plans under the Act. aforesaid for the
area of the Authority and shall for this purpose have all the powers of a Authority
under that Act.
12. For the preparation of the Regional Plan. the Authority may cause such surveys
and studies. as it may consider necessary to be made by such persons or group of
persons as it may appoint in thls behalf and may also assooate such experts or
consultants for carrying out studies In relation to such specific matters as may be
determ ined by the Authority.
13. (1) '.lefore preparing any Regional Plan, finally. the Authority shall prepare with
the a~.sistance of the Committee, a Regional Plan in draft and publish It by making a
copy thereof available for inspection and publishing a notice In such form and in
such manner as may be prescribed Inviting objections and suggestions from any
person with respect to the draft Regional Plan before such date as may be specified
in the notice.
(2) The Authority shall also give reasonable opportunities to every local authority
within whose local 11mits any land touched by the Regional Plan Is situate to make
any representation with respect to the draft Regional Plan.
4706 fllEASSA M GAZETTE. EXTRAORDD\ARY, OCTOBER 30. '.:!017
Date of
coming Into
operation of
the Regional
Plan
Modlf\catio
os of tb.e
Reg.anal
Ploin
Rev\ewud
~on ID
the Regional
Piao
(3) After considering all objections , suggestions and representations that may have
been received by the Authority , the Authority shall finally prepare the Regional
Plan:
Provtded that the Authority may examine any Draft Plan of the Schedule land
already prepared and may adopt this Draft Plan with such modification/correction
as Authority may consider necessary as per regulatfon framed for such adoption .
14. (1) Immediately after the Regional Plan has been finally prepared, the Authority
shall publish in such a manner as may be prescribed, a notice, stating that the
Reg1onal Plan has been finally prepared by it and naming the places where a copy of
the Regional Plan may be inspected at all reasonable hours and upo n the date of
first publications of the aforesa id notice, the Regional Plan shall come into
operation.
(2) The Publication of the Regional Plan, after previ ous publication, as required by
section 13. shall be conclus ive proof that the Regional Plan has been duly prepared.
15. (1) The Author ity may, subject to the provisions of sub-section (2) make such
mod ification Jn the Regional Plan as fina1ly prepared by it, as It may think fit, being
modif\catlons which, in Its opinion, do not effect important alterations in the
character of the Regional Plan and which do not relate to the extent ofland-uses or
the sta ndard of population density.
(2) Before making any modifications in the finally prepared Regional Plan, the
Authority shall publish a notice , in such fonn and in such manner as may be
prescribed, indicating there In the modifications which are proposed to be made in
the finally prepared Regional Plan, and Inviting objections and suggestions from any
persons wtth respect to the proposed modifications before such date as may be
speclfled In the no tice and shall consider all objection s and suggestions that may be
received by it on or before the date so speClfied.
(3) Every modificat ion made under thls section shall be published in such a manner
as the Authority may specify and the modifications shall come into operation either
on the date of such publication or on such later date as the Authority may fix.
(4) If any question arises whether the modifications proposed to be made are
modifications which effect important alterations In the character of the Regional
Plan or whether they relate to the extent of land-uses or the standard of population
density, it shall be decided by the Authority , whose decision thereon shall be final.
16. (1) After every years from the date of coming Into operation of the flnally
prepared Regional Plan. the Authority shall review such Regional Plan in its entirety
and may, after such review, substitute it by fresh Regional Plan or may make such
modifications or alternations therein , as may be found by it to be necessary.
TIIEASSAM GAZETfl::. EXTRAORDil\ARY OCTOBER 30, 2017 4707
(2) Where it Is proposed to substitute a fresh Regional Plan in place of the Regional
Plan which was previously finally prepared or where 1t is proposed to make any
modifications or alterations in the finally prepared Regional Plan, such fresh Plan
or. as the case may be, modifications or alterations In the finally prepared Regional
Pl an. shall be published and dealt with in the same manner as if it were the Regional
Plan referred to in section 13 and 14 or as they were the modification or alterations
in the Regional Plan made under section 15.
CHAPTER-V
FUNCTIONAL PLANS, SUB-REGIONAL PLANS, MASTER PLAN, DEVELOPMENT
SCHEME AND PROJECT P~S
Preparation of 17, (1) Aft.er the Regional Plan has come into operation, the Authority may prepare,
Functional as many Functional Plans as may be necessary for the proper guidance of the other
Plans, Su.b- uth . d di d th- th l . Regional a on'des an local bo es concerne wi eir consu tation.
Plans/Master
Plans (2) Bach authorttles and local bodies are empowered to prepare a FunctionaJ
Plan /Sub · regional Plan/ Master Plan for the sub-region.
(3) Each Sub-Regional Plan/Master Plan shall be a written statement and shall be
accompanied by such maps, diagrams, illustrations and descriptJve matters as the
authorities and local bodies concerned may deem appropriate for the purpose of
explatnfng or lllustrattng the proposals contained in such Sub-Regional Plan and
every such map, document. Illustration and descriptive matter shall be deemed to
be a part of the Sub-Regional Plan/ Master Plan.
(4) A Sub-Regional Plan may indicate the following elements to elaborate the
Regional Plan at the sub-regional level, namely: -
(a) reservations of areas for specific land-uses which are of the regional or :sub
regional importance includin_g green belts , urban forests and recreational
areas;
(b) tribal belts / block areas and Autonomous Council areas within the State
Cap1tal Region shall be developed keeping in view the existin g laws while
preserving the tradition and culture of the tribal blocks; and the ptior
consent of these authorities is mandatory before finalizing the Regional Plan
covering the respective areas:
(c) future urban and major rural settlements 1ndlcating their area, projected
population, predominant economic functions , approximate site and
locations;
(d) road and mass rapid transit system network up to the District roads and
roads connecting major rural settlements ;
4 708 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 30, 2017
(e) proposals for the co-ordination of traffic and transportation, included
terminal facilities;
(t) priority areas at sub -regional level for which 1mmedlate plans are
necessary;
(g) proposals for the supply of drinking water, drainage and ~ewerage; and
(h) any other matter which is necessary for the proper development of the sub
region.
(5) The Master Plan prepared for an area w\11 be as per Assam Town and Country .i.-nMi No.II ofl961;
Planning Act. 1959 (amended) orGMDAAct. 1985 (amended) as the case may be .......,.,...
18. The local authorities and local bodies concerned may, by themselves or In
collaboration with one or more of the participating authorities and local bodies
concerned, as the case may be, prepare Project Plans for one or more elements of
the Regional Plan or Sub-Regional Plan.
No. xx o( J9fl
5'1bmlsstooof 19. Each local authorities or local bodies concerned shall submit Sub-Regional
S111>-1teg1ar&1 Plans/Functional Plans to the State Capital Region Authority In conformity with the
-' f\inCtl<lllal Pm Regional Plan.
lmpleZl!entnl
011 of sub
regional
pl.ans.etc
20. Bach local authorities or local bodies concerned or, as the case may be, shall be
responsible for the Implementation of the Sub-Regional Plan/Master l'lan in
c;onfonnity with the State Capital Reglon Author1ty Regional Plan.
CHAPTER·Vl
FINANCE, ACCOUNTS AND AUDIT
?1. (l) There shall be a fund for .the Metropolitan Authorlty to be called "Assam
State Capital Region Development Fund• to whlcb shall be credited all moneys
received by theAuthorlty, including, -
(a) the contribution to be made by the State Government of a sum of not less
than Rs 100 crore (Rupees one hundred crores) towards a revolvtng fund to
be established by the Authority, tn such instalments, as the State
Government may determJne ln accordance with the schemes included In the
State Plan and under appropriation duly made in this behalf, whlch
contribution shall be utilized by the Authortty for such planned development
as the State Government may, from time to time, approve;
(b) such other moneys as may be paid to the Authority by the State Government;
(c) such moneys as may be paid to the Authority by the Central Government or
any other authority or agency;
THEASSAIV1 GAZETTE, EXTRAORDINARY, OCTOBER30, 2017 4709
( d) the sums placed at its disposal by the State Government from out the
proceeds of any cess levied under this Act;
( e) the proceeds of any betterment charge levied under this Act;
(f) all fees, costs and charges received by the Authortty under this Act ?r any
other law for the time being ln force;
(g) all money received by the Authority from the disposal of lands, buildings and
other properties, moveable and immoveable , and other transactions ;
(h) all moneys borrowed by the Authority ;
(I) aJI money recelved by the Authority by way of rents and profits or in any
other manner from any other source.
(2) The State Government shall, every year, make a grant to the Authority of a sum
equivalent to the administrative expenses of the Authority till the Authority Is able
to meet its administrative expenses out of its own sources;
(3)The Authority may k~p in current or deposit account with the State Bank of
India or with any Scheduled Barik as defined tn the Reserve Bank of India Act, 1934,
Central Act No 2 of 1934; Central Act No. 10 of 19-4-9 which holds a license issued by
the Reserve Bank of India under section 22 of the Banking regulation Act, 1949, or
With any other bank approved by the State Government In this b~half, such sum of
money out of Its Fund as may be prescrtbed , and any money tn excess of the satd
sum shall be invested ln such manner as may be approved by the State Government.
Cenat.I AoJ.
No.2 ofl9) 4
~llCI
No. lo of
1949
( 4) Such accounts sh-all be operated upon by such officers of the Authority as may
be authorized by it by regulation made in this behalf.
Leans 22. (1) As a part O'fthe Assam State Capital Region Development Fund the Authority
Fund shall establish ir1 district Bank accounts a Loans Fund for the purposes of (a)
receiving all monies borrowed by ft 1ncluding all repayments of loan Instalments
together Witt-' payment of lnterest made by the borrower on loan, (l>) providing all
moneys to be made available by the borrower on Joans or advances to local
authorities and other authorities or persons , ( c) repayment ~f loans raised by the
Authority for the purpose of this Act, and (d) expenditure on projects and schemes.
Appllc.n&n o!
l'unc!I,-
(2) AJ.i matters connected with the Loans Fund shall be governed by the regulations
made In thts beha lf.
23. (1) The Authority shall make provisions for a reserve fund and may provide for
other specially denominated funds as lt deems fit
(2) The management of the funds referred to In sub-section (1). the sums to be
transferred from time to time to the cred1t thereof and the application of money
comprised therein , shall be determined by the Authority.
Z4. AU property. funds and other assets vesting in the Authority shall be held and
appUed by it for the purposes and subject to the provisions of this Act.
4710
"-of
A.Ulborlty t.o
IUilrJCC~
nlldlel1*
Ind hnpGM
oanditio•
m-or
Stale
Clv.r&nttc 10
loullaUn!W"
&ifttl by
A*1nty
,.__
and Audit
Opcr'Mianl "6
AUlhority
IDbo .. rnod
outoukm
THI:. AS<:;AM GAZETIE. EXTRAORDINARY, OCTOBER 30, 201 7
25. The Authority may, with tile previous approval of the State Government,
borrow any moneys for carrying out the purpose of this Act or for servicing any
loan obtained by it at such rates and on such conditions as the State Government
may determine at the time the moneys are botTOwed.
26. The Authority shall be Competent to give grants , advances or loans to, or to
share expenses with, any local authority or other authority ln the State Capital
Region, for any of the purposes of section 12, and notw1thstanding anything
contained in any law for the time being In force, but subject to the restrictions, If
any, contained therein, It shall be lawful for such other authority to accept such
grants, advances or loans or share In the expenses, subject to such terms and
conditions as the Authority may, from time to ttme, In consultation wtth such other
authority, specify .
27. The State Government may guarantee repayment of the principal of, and
Interest on, a1zy loan raised or Biven by the Authority or transferred to ft:. for the
purposes of this Act, subject to such conditions as the State Government may think
fit to impose.
28. (1) The Author1ty shall cause to be maintained proper books of accounts and
such other books as the rules made under this Act may require and shall prepare in
accordance with such rules an annual statement of accounts.
(2) The Authority shall cause its accounts to be audited annually by Accountant
General, Assam.
(3) The audit shall submit hls audit report to the Authonty and shall forward a copy
thereof to the State Government
29. The Authortty shall prepare, every year, in such fonn and at such time as may
be prescribed, an annual budget estimate in respect of the next financial year
showing the estimated receipts and disbursements of the Authority and shall
submit a copy thereof to the State Government for app roval by February of every
year.
:JO. The Authority shall, after the end of each ynr prepare in such form and before
such date as may be prescribed, a report of its actMtles during such year and
submit to the State Government and the State Government shall cause a copy of
such report to be laid before both Houses of the State Legislature.
31. The Authority shall not be requtnd to carry out any of Its operation under thJs
Act at a loss. Any deficit In the Assam State Capital Region Development Fund in any
financial year shall be made good by the Authority not later than those of the nc:ict
succeeding financial year.
CHAPTER-VD
POWERS OF TAXATION
32. (1) The State Government may, upon a request received from the Authority by
notification in the Official Gazette, levy a cess on building and, lands lq the State
Capital Region or any part thereof, at such rate not exceeding ftve per centum, as
may be determined by the State Government. of the rateable value of the property.
THEASSA.'vfGAZETTE , EXTRAORDINARY, OCTOBER30, 2017 4711
(2) Such cess may be levied at different rate for different areas and fur different
classes of properties.
(3) The cess shall be collected by the locaJ author1ty within whose areas the
properties are situated as If the cess were a property tax levied by it under the law
govemlng that local authority and sh.all first be credited to the Consolidated Fund of
the State, after deducting such portion thereof as may be prescribed as collection
charges.
(4) The State Government shaJl after the appropriation made by the State
Legislature by law in this behalf pay to the Authority, from time to time, from out of
the proceeds of the cess sums equivalent to the net amount of the cess credited to
the Consolidated. Pund of the State for being utilized by the Authority for the
purposes of this Act.
(5) NotwithstandJng anything contained In the Assam Urban Areas Rent Control
Act, 1972 [Assam Act No. XVTI of 1972) a landlord shall not. ln respect of any
premises situated ln the Metropolitan Region. be entitled to make any lncrt?a.Se In
the rent of the said premises on account of the payment by him of the cess levied
under this section.
"-anM.
'No.XVII or
1972
33. (1) Where, in the opinion of the Authority as a consequence of any
development project or schemes having been executed by the Authority in any area
the value of any land in that area bas Increased or will increase, the Authority shall
be entitled to levy upon the owner of the land or any person having an interest
therein. a bettennent charges In respect of the Increase in value of the land
res~ltlng from the execution of the development proJea or scheme.
(~) Such betterment charge shall be an amount not exceeding one-half of the
amount by wh1ch the value of the land on the completion of the execution of the
development project or schemes, estimated as If the land were clear of buildings,
exceeds the value of the land Immediately before such execution estimated ln like
manner :
Provided that, in levying betterment charge on any land the Authority shall
have regard to the extent and nature of benefit accruing to the land from the
development project or scheme and such other factors as may be laid down by rules
made in th.ls behalf.
(3) No betterment contribution shall be payable by the Government. the
Authority or other local authority in respect of any land which is the property of the
Government, the Authority or other local authorily or by any public institution in
respect of any land belonging to such Jnstitut1on.
34 (1) When It appears to the Authori ty that any particular development
project or scheme is sulfldentJy advanced to enable the amount of the bettennent
charge to be determ1ned. the Authority may, by an order made in this behalf.
declare that for the purpose of determining the betterment charge the execution of
the development project or scheme shall be deemed to have been completed and
shal l thereupon give notice in writing to the owner of the Land or any person having
an lnterest therein that the Authority proposes to 3.$SCSS the amount of the
betterment charges In respect of the land under the last preceding section.
4712 THE ASSA.\1 t1AZETTE, EXTRAORDINARY, OCTOBl-:.R 30, 20 17
Settlement of
bd!cnilctrt
charge by
arb iL-.i.o.-1
(2) The Authority shall then assess the amount of betterment charge payable by
the person concerned after giving such person a reasonable opportunity to be heard
and such person shall , within one month from the date of receipt of the notice in
writing of such assessment from the Authority, inform the Authority by a
declaration in writing that he accepts the assessment or dissents from It;
(3) When the assessment proposed by the Authority ls accepted by the person
concerned within the period speclfied in subsection (2) such assessment shall be
flnal.
(4) If the person concerned dissents Crom the assessment or fails to give the
Authority the Information required by sub-section (2) wtthin the period specified
therein , the matter shall be determined by arbitrators In the m.inner provided In
the next following section.
35. (1) For the determination of the matter referTed to in sub-section ( 4) of
the last preceding section. the Stat.e Government shalJ appoint three arbitrators of
whom one shall be a City Clvfl Court Judge or District Judge or who has been such
judge and two others shall possess su ch technical qualifications as may be
prescribed by Government along with terms of such engagemen t
(2) The arbitrators shall follow su ch procedure as may be prescribed by
Governmen t.
(3) The arbitrators shall, for purpose of determining any matter referred to
th em have th e same powers as arc vested In a Civil Court under the Code of Civil
Procedure,1908, when trying a sui t, in respect oftbe follow1ngmatters. nam ely:-
(a) Summoning and enforcing the atte ndance of any pers on and examJnjng
h\m on oath ;
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitio ning any public record from any Court or office;
(e) Iss uing commiss ions for examimatlon of witnesses.
( 4) In the e vent of any difference of opinion among the arbitrators, the decision
of the majority shall prevail an d th4lt deds ion shall be the award of the arbitrati ons.
(5) Jf any arb itrator dies, resigns, or is removed under sub-section (6) or refuse.c;
or neglects , In the opi nion of the State Government. to perform his duties , or
becomes incapab le of perlormin g the same, then the State Government shall
forthwith appoint anothe r fit pers on to take the place of such arbitrator .
(6) lfthe State Governme nt is Sdtisfied after such Inquiry as It thinks flt -
(a) That an arbitra tor is guilty of misconduct, the State Government may remove
him from his omce;
(b) That the award of the arbitrat ors has been improperly procured or there has
been any misconduct/ill practi ce In connection with such award. the Smte
Government may set aside the award.
(7) An award which has not been set aside by the State Government under
clause (b) Qf sub-section (6) shall be final and shall not be questioned in any Court.
TI-IE ASSAY! GAZETTE, EXTRAORDINARY, 0CfOBER30, 2017 4713
Payment of 36. (1) The betterment charge levied under this Act shaJ1 be payable In such
bemrmmt number of installments and each installment shall be payable at such time and ln
charp. such manner as may be fixed by rules.
llettef1llent
ch6rse•
llrnchqe
on J111d
(2) Any arrear of bettennent charge sbaU bear Interest at the p1'6crlbed rate
and shall be recoverable as an arrear of land revenue.
37. (1) Any person liable to the payment of betterment charge may, at his
option Instead of making a payment thereof to the Authority. execute an agreemem
with the Authority to leave the said payment outstanding as• charge on his lnterest
in the land. subject to the payment lo perpetuity of interest at the prescribed rate,
the first annual payment of such interest being made at such time and in such
manner as may be flx.ed by the rules:
Provided that. within a period often years from the date on whlcb the first
payment of interest is made by any person, he may, at any time, pay the betterment
charge m full In a lump sum and thereupon the agreement ex~ut.ed by him shall
stand terminated and the charge created by him on his interest in the land shall also
stand released.
(2) Every payment due from any person in respect of a betterment charge and
e11ery charge referred to ln sub·sectlon (1) shall notwithstanding anything
contained In any-other law for the time being in force but subject to the payment of
any dues of the Government. or of any local authority, be the first charge upon the
interest of such person in such land
CHAPTER·Vlll
LAND AHD PROPERTY REI.A.TED PROVISIONS
38. The Authortty may acquire any movable or Immovable property by purchase,
exchange , gift. lease. mortgage, negotiated settlement, or by any other means
permissible under any law.
A~lsllionof 39. The Authority may acquire land by mutual agreement by payjng such amount
~ and also on such other terms and conditions as may be agreed upon th.rough
9C:tlJa'ICot negotiated settlement In such manner as may be prescribed.
P~to 4-0. Any land required. reserved or designated lo any development plan shall be
ICqUire i-s deemed to be the land needed for publtc purpose within the meaning of the Right to
Fair Compensation and Transparency in Land Acquisition, under prevailing
RehabUltation and Resettlement Act. and may be acquired by the Government on
the request by the Authority or other authority or functional unit.
Cr1lllioD lllCI 41. The Authority shall create and maintain a Capital Region Land Development
::-'"of Bank In whlcb all lands acquired, allotted, purchased or obtained through any mode
~ sh.all be mainta ined, protected and used for the further.mce of the objectives of the
Bank Act.
Tran3feT' of
Gottrnmmt
Land tX> the
Autbomy
42. (1) The Authority shall have the first right of alienation of Government lands
wfthln the capital region and such land as may be required by the Authority shall be
transferred to the CapiraJ Regfon Land Development Bank.
4714 THE ASSA.\1 GAZETTE. EXTRAORDINARY, OCTOBLR 30. 2017
A<:q11Lsltl611
ortand by
Tron~fcr&b!e
Devdoprot:nt
Rlshts
DISJ)OS&I of
l.and&Dd
other
Property lJ;>
d:Je Aut11ont1
Utld
l'ooh.ng
Policy
Aatohave
oven'ldlna
efftct
POWCTOftM
Covrrn111U1t
lOINC
dlrec:Joos
Violation of
Reg)on:il
Plan
(2) The Government by specific orders and on such terms and conditions as may be
agreed upon between the Government and the Authority, place at the disposal of
the Authority any developed and undeveloped Government lands situated within
the capital region.for the purpose of development
(3) Any lands assigned by Government may be taken over by the Authority as per
prescribed procedure for underuklng development schemes, industrial
development schemes or for development of public utilities. amenlties and facillties
upon payment of compensation decided by the District Collector.
43. The Authority may, with the con.sent of the owner. acquire land for public
purposes, for providing jnfrastructure, amenities and facilities by way of according
Transferable Development Rights through issue of Development Right Certificate in
lieu of payment towards cost of land in such manner as may be prescribed:
Provided that the Transferable Development Rights may be arrived at on the basis
of relative land valuExcerpt shown. Open the full act in Lexace.