The Assam Development Authority Act, 1964 (Single Document)

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(Received the assent of the Governor on the 29th December, 1964)
ASSAM ACT NO. XXXI OF 1964
THE ASSAM DEVELOPMENT AUTHORITIES ACT, 1964
[Published in the Assam Gazette, Extraordinary, dated the 31 st December, 1964]

An
Act

to provide for the constitution of authorities for the
development of the local areas of the State of Assam

Preamble. WHEREAS it is expedient to provide for the constitution of
authorities for the development of the local areas of the State
of Assam on sound principles of planning with the object of
securing welfare of the people;

It is hereby enacted in the Fifteen th Year of the Republic
of India as follows:-

CHAPTER – I

PRELIMINARY

Short title,
extent and
commencement.
1. (1) This Act may be called the Assam Development
Authorities Act, 1964.

(2) It extends to the whole of the State of Assam.

(3) It shall come into force on such date as the State
Government may, by notification in the official Gazette,
appoint.

Definitions. 2. In this Act, unless there is anything repugnant in the subject
or context:-

(a) “Authority” means the Local Area Development
Authority constituted under- Section 3;

(b) “Advisory Council” means the Local Area Advisory

Council constituted under Section 9;

(c) “Local Area” means such area within a district of
Assam as the State Government may, by notification
in the official Gazette, declare;

(d) “State Government” means the Government of
Assam ;

(e) “Prescribed” means prescribed by rules made under
this Act.

CHAPTER – II

CONSTITUTION OF THE DEVELOPMENT
AUTHORITY

Establishment
of the
Authority.
3. (1) The State Government may, by notification in the
official Gazette, establish for the purpose of this Act, an
Authority to be called "The Local Area Development
Authority" hereinafter referred to as the Authority with
jurisdiction over such local area as may be specified in
the notification.

(2) The Auth ority shall be a body corporate having
perpetual succession and a common seal with power to
acquire, hold and dispose of properties both movable
and immovable and to enter into any agreement and
shall by the said name sue and be sued .

Composition of
the Authority.
4. The Authority shall be constituted under Chairmanship of
Deputy Commissioner of the district and such number of
officials and non-official members as may be prescribed.

Term of Office. 5. (1) A member shall hold office for such period as may be
prescribed in this behalf and shall, on expiry of the term
of his office, be eligible for reappointment.

(2) A member may resign his office by writing under his
hand addressed to the State Government, and on the
resignation being accepted by the State Government, he
shall cease to be a member of the Authority.

Meetings of the
Authority.
6. The Authority shall meet at such times and places and shall
observe such rules of procedure in regard to the transaction of
business at its meeting as may be provided by regulations
made under this Act.

Vacancy in the
Authority, etc,
not to
invalidate acts
or proceedings.

7. No act or proceedings of the Authority shall be deemed to be
invalid by reason only of the existence of any vacancy in the
Authority or any defect in the appointment of a member
thereof.

Appointment of
Agencies.
8. Subject to the provisions of this Act and the rules made
thereunder, the State Government may, from time to time
appoint one or more Agencies for the purpose of securing the
efficient discharge of the functions of an Authority, and in
particular for the purpose of securing that those functions are
exercised with due regard to the circumstances and
requirements of particular local area for which the Authority
is established.

CHAPTER – III

CONSTITUTION OF THE ADVISORY COUNCIL

Constitution of
the advisory
Council.
9. (1) The State Government may, by notification in the
Official Gazette, constitute an Advisory Council to be
called "The Local Area Advisory Council" hereinafter
referred to as Advisory Council with jurisdiction over
such local area with respect to which an Authority under
Section 3 has been established.

(2) The Advisory Council shall consist of such number of
official and non-official members as may be p rescribed
including the Chairman of the Authority who shall also
be the Chairman of the Advisory Council.

Term of Office. 10. (1) A member shall hold office for such period as may be
prescribed in this behalf and shall, on expiry of the term
of his office, be eligible for re-appointment.

(2) A member may resign his office by writing under his
hand addressed to the State Government and on the
resignation being accepted by the State Government, he
shall cease to be a member of the Advisory Council.

Meeting of the
Advisory
Council.
11. The Advisory Council shall meet at such times and places and
shall observe such rules of procedure in regard to the
transaction of business at its meeting as may be determined by
it from time to time.

Vacancy in the
Advisory
Council, etc.,
not to
invalidate acts
or proceedings.

12. No act or proceedings of the Advisory Council shall be
deemed to be invalid by reason only of the existence of any
vacancy in the Advisory Council or any defect in the
appointment of a member thereof.

CHAPTER – IV

POWERS AND FONCTIONS OF THE AUTHORITY

Functions of the
Authority.
13. The functions of the Authority shall be any or all of the
following:-

(a) to promote and operate schemes for expansion of
education ;

(b) to promote and operate schemes for facility of travel
and transportation of goods ;

(d) promote and operate schemes for expansion of
agriculture through modern improved technique ;

(e) to prom ote and operate schemes for ex pansion of
veterinary and conservation of soil ;

(f) to promote and operate schemes for the setting up of
industries and generation of power; and

(g) to promote and operate schemes for such other
matters as may be prescribed.

General powers
of the
Authority.
14. The Authority empowered to perform functions under this Act
or the rules made thereunder may, from time to time, prepare
such plans and schemes and undertake such preliminary
investigation or other measures or do such other thi ngs as it
may deem necessary not inconsistent with its functions for the
purpose of developing the area within its jurisdiction.

CHAPTER – V

FUNCTIONS OF THE ADVISORY COUNCIL

Functions of the
Advisory
Council.
15. The functions of the Advisory Council shall be :-

(a) to advise the Authority on matters referred to it for
successful implementation of the plans and schemes
of the Authority;

(b) to secure the efficient discharge of the functions of
the Authority ;

CHAPTER – VI

FINANCE, ACCOUNTS AND AUDIT OF THE
AUTHORITY

Development
Fund.
16. The receipts of the Authority under this Act shall form a
separate development fund and any expenditure incurred by
the Authority for carrying out the functions of the Authority
under this Act or the rules made thereunder shall be defrayed
out of such fund which shall be non -lapsable. No portion of
the fund shall, except with the previous sanction of the State
Government, be expended for purposes other than for carrying
out the functions of the Authority under this Act or rules made
thereunder.

Grants,
Advances and
Loans.
17. The State Government may make such grants, advances and
loans to the Authority as it may deem necessary for the
purpose of carry ing out the functions of the Authority under
this Act or any rule made thereunder.

Power to
borrow.
18. For the purposes of borrowing money the Authority under this
Act shall be deemed to be a local Authority as defined in the
local Authorities Loans Act, 1914 and any work executed by
the Authority for exercising the functions under this Act or the
rules framed thereunder shall be deemed to be a work which
such local Authority is competent to carry out under that Act.

Central Act
XI of 1914.
Budget. 19. The Authority shall prepare, in such form and at such time
each year as may be prescribed, a Budget in respect of the
financial year next ensuing showing the estimated receipts and
expenditure and copy thereof shall be forwarded to the State
Government.

Annual report. 20. The Authority shall prepare, in such form and at such time
each year as may be prescribed, an annual report giving a true
and full account of its activities during the previous year and
copy thereof shall be forwarded to the State Government.

Accounts and
Audit.
21. (1) The Authority shall cause to be maintained such books
of account and other books in relation to its accounts in
such form and in such manner as may be prescribed.

(2) The accounts of the Authority shall be audited at such
time and in such manner as may be prescribed,

CHAPTER – VII

MISCELLANEOUS

Members and
Officers of the
Authority to be
public servants.
22. All members and officers of the Authority shall, when acting
or purporting to act in pursuance of any of the provisions of
this Act and the rules made thereunder shall be deemed to be
public servants within the meaning of Section 21 of the Indian
Penal Code, 1860.

The Act No.
45 of 1860.
Protection of
action taken in
good faith.
23. No suit, prosecution or other legal proceedings shall lie
against any person in respect of anything which is in good
faith done or intended to be done in pursuance of this Act or
the rules made thereunder.

Dissolution of
the Authority
and transfer of
assets and
liabilities.
24. (1) When the State Government is of opinion that an
Authority is not competent to perform, or persistently
makes default in the performance of its functions
imposed on it by or under this Act, or exceeds or abuses
its powers, the State Government may, by notification in
the Official Gazette, declare that the Authority shall be
dissolved from such date as may be specified in this
behalf in the notification; and the Authority shall be
deemed to have been dissolved accordingly.

(2) On the diss olution of the Authority by a notification
under sub-section (1), -

(a) all properties, funds and dues which are vested in, or
realisable by, the Authority shall vest in and be
realisable by the State Government ; and

(b) all liabilities which are enforceable against the
Authority shall be enforceable only against the State
Government.

Power to make
rules.
25. (1) The State Government may, by notification in the
Official Gazette, and subject to the condition of previous
publication, make rules for carrying out the purposes of
this Act.

(2) In particular and without prejudice to the generality of
foregoing powers such rules may provide for all or any
of the following matters, namely:-

(a) the number of official and non -official members for
the composition of the Authority;

(b) the term of membership of the Authority ;

(d) the term of the membership of the Advisory Council;

(e) the functions of the Authority ;

(f) the functions of the Advisory Council ;

(g) the form in which, and the time within which, the
budget and annual report of the Au thority may be
prepared and forwarded to the State Government;

(h) the form and manner in which the accounts of the
Authority may be maintained, and the time at which
and the man ner in which, such accounts may be
audited ;

(i) any other matter which has to be, or may be,
prescribed

(3) Every rule under this section shall be laid as soon as may
be after it is made, before the Assam Legislative
Assembly while it is in Session for a total period of
fourteen days which may be comprised in one Session or
in two successive Sessions, and, if before the expiry of
the Session in which it is so laid or the Session
immediately following, the Assam Legislative Assembly
agree in making any modificati on in the rule or the
Assam Legislative Assembly agree that the rule should
not be made, the rule shall thereafter have effect only in
such modified form or be o f no effect, as the case may
be; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything
previously done under that rule.

Power to make
regulations.
26. The Authority may, with the previous approval of the State
Government, by notification in the Official Gazette, make
regulations, not inconsistent with this Act or the rules made
thereunder.

P. C. DAS,
Jt. Secy to the Govt. of Assam, Law Deptt.

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