The Guwahati Metropolitan Development Authority Act, 1985

Registered No. A '-Il
The Assam Gazette 
'siwra'f
EXTRAORDINARY
«r« « w  s r^ w
PUBLISHED BY AUTHORITY
«  157 fR » T « tw , ’ ’ rfsw rw , 14 jw fw, 1987, 23 1909 (W)
Ke. 157 D iipw , Saturday, 14th Novem ber, 1987, 23rd Kartlfes.
1909 ( S . E . )  ■
GOVERNMENT O F. ASSAM
/
ORDERS BY THE GOVERNOR
legislative  DEPARTM ENT 1  legislative  branch
H O T IF IC A T IO K
The 10th No Veer 1987
No. LGL. 107/85/291.—The following Act of the Assam 
Legislative Assembly which received the assent of the President; 
fs hereby, published for general information,
»  }

886 THE ASSAM'GAZETrE, EXTRAORDINARY, NOV. 14,1987
- Assam Act Nek XX of 1987.
(Received the assent of the President on 20th October, 1987)
THE Gl 7AHATI METROPOLITAN DEVELOPMENT 
AUTHORITY ACT, 1985.
• An
Act
Short title,  
ex teat aad  
commence­
ment*
to provide for the establishment of an Authority 
for the planned development of the Guwahati 
Metropolitan Area, and for matters connected 
therewith or incidental thereto :
Whereas it is expedient to provide for the 
establishment of an Authority for the enforce­
ment and execution of the Master Plan and for 
the formulation and execution of schemes for. 
the planned development of Guwahati Metropoli­
tan Area, for the co-ordination and supervision 
of the execution of such plans and schemes with 
the object-of securing proper living and sanitary 
conditions, to conserve and promote the public 
health, safety and general welfare of the people 
Ijving therein and for matters connected there­
with or incidental thereto.
It is hereby enacted in -the Thirty-sixth Year, 
of the Republic of India as follows :—
CHAPTER I
Preliminary
1. (1) This A ct may be called the Guwahati 
Metropolitan Development Authority A c t  
1985.
(2) It shall extend to the whole of Guwahati 
Metropolitan Area excluding any area to 
which the provisions of the Cantonments 
Act, 1924 apply,
(3) It shall come into force on such date as the 
State Government mav, bv notification .n 
thp Official Gazette, appoint.
 
 
THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. U , 1987 887
Definition*. 2. In this Act, unless there is anything repug­
nant in the subject or context :  —
(1) "Agriculture” includes hortiudtufu, far­
ming, growing of crops, fruits, vegetables, 
flowers, grass,' fodder and trees, or any 
kind of cultivation of soil, breeding and 
keeping of live-stock including •  cattle, 
horses, donkeys, mules, pigs and pouiuy, 
and the use of land which is ancillary to 
the farming of land or any other agri' ul- 
tural purposes, but shall not include the 
use of any land attached to a building for 
the purpose of a garden to be used along 
with such building ;  and the expression 
"agricultural” shall be construed t - 
dingly ;
(2) "Amenities” includes roads and streets, 
open spaces, parks, recreational grounds, 
playgrounds, water and electric supply, 
street lighting, sewerage, drainage, r/;h]ic 
works and other utilities, services and 
conveniences and such other convenience 
as the State Government may, by noti­
fication in the official Gazette, specify to be 
an amenity for the purposes of this Act.
(3) "Authority” means the Guwahati Metro* 
politan Development Authority constitu­
ted under Section 4  of this Act.
(4) "Betterment Fee” means the fee prescribed 
in respect of an increase in the value of 
land resulting from the execution of a 
Development Scheme.
(5) "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 plateforms, veran­
dah, balcony, cornice or projection, or part 
of a building on anything affixed thereto-

888 TH E ASSAM  G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14 ,19  87
or any walls, earth bank, fence or other 
construction enclosing or delimiting or 
intended to enclose or delimit any land or. 
space.
(6) "Building operations” includes—
(a) erection or re-erection of a building or 
any part of it,
(b) roofing or re-roofing a building or any 
part of a building or an open space,
(7) "Commerce” means the carrying on of 
a n y ’trade, business or profession, sale or 
exchange of goods of any type whatsoever, 
and includes the running of, with a view 
to making profit, hospitals, nursing homes, 
infirmaries, educational institutions and 
also hotels, restaurants, boarding houses 
not attached to any educational institu­
tion, and sarais; and the expression "com­
mercial” shall be construed accordingly ;
(8) "Development” with its grammatical varia­
tions means the carrying out of building, 
engineering, mining or other operations, 
in, on, over, or under land or the making 
of any material change in any building or 
land or in the use of any building or land 
and includes division of any land ;
(9) "Factory” means a place to which the 
provisions of the Indian Factories Act of 
1934, or any amendment thereof shall 
apply.
(10) "Guwahati Metropolitan Development 
Authority” means the Authority constitu­
ted under Section 4 of this Act.
(11) "Industry” includes the Carrying on of any 
manufacturing process as defined in the 
Factories Act, 1948, and the expression 
"industrial” shall be construed accor­
dingly :

THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987
(12) "L and” shall have the same m eaning as in 
the Land A cquisition Act, 1894 (1 of 1894) 
and shall include land covered by w ater.
(13) "Local au th o rity ” m eans the G uw ahati 
M unicipal Corporation or Board or a Com­
m ittee or any other authority legally 
entitled to, or entrusted by the State Gov­
ernm ent w ith the control or m anagem ent 
of M unicipal or local fund or w hich is 
perm itted by the State G overnm ent to 
exercise the pow ers of a local authority 
and includes a M ahkum a P arishad and 
Gaon P anchyat constituted under th e 
Assam Panchayati Raj Act, 1972 and as 
amended.
(14) "Local N ew spaper” in relation to G uw ahati 
M etropolitan Area m eans any new spaper 
published or circulated w ithin th e G uw a­
hati M etropolitan Area.
(15) "M aster P la n ” m eans the plan as defined 
under Section 16 of this Act.
(16) "N otification” m eans a notification pub­
lished in the Official Gazette.
(17) "Occupier? includes any person paying or 
liable to pay ren t or any portion of th e 
ren t of the land or building in respect of 
w hich the w ork is due or com pensa­
tion or prem ium  on account of the occupa­
tion of such land and building and also a 
ren t free tenant.
(18) "Open space” m eans any land w hether 
enclosed or not on w hich not m ore than 
one-tw entieth p a rt is covered w ith buil­
ding and the rem ainder has been laid out 
as a public garden or used for purpose of  
recreation or lies w aste and unoccupied.
889

(19) "Operational construction ” means any 
construction, whether temporary or per­
manent, which is necessary for the opera­
tion, maintenance, development or execu­
tion of any of the following services; —  .
(i) Railways,
(ii) National Highways.
(iii) National Waterways
(iv) Major Ports,
(v) Airways and ZeerocLrames,
(vi) Posts and Telegraphs, Telephones, 
Wireless, Broadcasting and other like 
forms of •communication,
(vii.) Regional grid for electricity,
(viii) Any other service which the State 
Government may, if it is of opinion 
that the operation, maintenance, deve­
lopment or execution of such other 
service is essential to the life of the 
community, by notification, declare to 
be a service for the purposes of this 
clause.
Explanation.— For the removal of doubts, 
it is hereby declared that the construction of -
(i) new residential buildings not connected 
with operations like gate, lodges, hos­
pitals, clubs, institutions, schools, rail­
way colony, roads, drains, etc., in the 
case of railways, and
(ii) a new building, new structure, new 
installation or any extension thereof, in 
the case of any other service ;
shall'not be deemed to be construction 
within the meaning of this clause ;
(20) "owner” includes a mortgage in posses­
sion, a person who for the time being 
is receiving or is entitled to receive, or 
has received, the rent dr premium for 
any land whether on his own account 
or on account of, or on behalf of, or for

THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 891
the benefit of, any other person or as' 
an agent, trustee, guardian or receiver 
for any other person or for any religious 
or charitable institution or who would 
so receive the rent or premium or be 
entitled to receive the rent or premium 
if the land were let to a tenant;  and also 
includes the Head of a Department or an 
Undertaking of the Central or a State 
Government, the General Manager of a 
Railway, the Secretary, or Other princi­
pal officer of a local authority, statutory 
authority or company in respect ci pro­
perties under their respective control;
(21) "Prescribed” means prescribed by rules 
made under this A ct
(22) "Public place” means-any place or buil­
ding which is open to the use or enjoy­
ment of the public whether it is actually 
used or enjoyed by the public or not and 
whether the entry is regulated by any 
charge or n o t;
(23) "Reconstituted plot” means a plot which 
is in any -way altered- by the making of a 
Development Scheme.
(24) "Residence” means the use for human 
habitation of any land or building or part 
thereof -including gardens, grounds, gara­
ges,'Stables and out-houses, if any ap­
pertaining to such buildings, and the 
expression "residential” shall be con­
strued accordingly.
(25) "ftoad” 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.

s
892 THE ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987
(26) "Scheme” means a developments scheme 
and includes a plan or plans together 
with the descriptive matter if any relat­
ing to such a scheme as defined in Section 
36 of ,this Act.
CHAPTER II
Declaration of Guwahati Metropolitan 
Area and constitution of Guwahati 
Metropolitan.Developm.ent Authority.
•  Declaration  
of Guwa­
hati Metro­
politan Area.
Constitution 
of the Guwa­
hati Metro­
politan Dev­
elopment 
Authority.
3 . (1) The State Government may, by noti­
fication in the Official Gazette, declare 
the area covered by the Guwahati 
Municipal Corporation Area and any 
other areas contiguous to the Guwa­
hati Municipal Corporation Area, to 
be the Guwahati Metropolitan Area 
for the purposes of this Act.
(2) The State Government may, if it thinks 
fit, by notification in the Official 
Gazette, enlarge, curtail or modify 
the Guwahati Metropolitan Are^ or 
any part thereof.
(3) Every such notification shall define the 
limits of the area to which it relates.'
4 . (1) As soon as may be, after the com­
mencement of this Act, the State Go­
vernment shall by notification in the 
official Gazette, constitute for the pur­
poses of this Act, an Authority to be 
called "The Guwahati Metropolitan 
Development Authority” (hereinafter 
referred to
jurisdiction over the Guwahati Metro­
politan Area.
as the Authority) with

THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 893
(2) The A u th o rity shall ho a body corporate 
having perpetual succession and a 
common seal w ith power, subject to the 
provision of this Act. to acquire, hold 
and. dispose of properties bott>.moveable 
and im m oveable and to enter into any 
agreem ent or contract, and shall b y the 
said name sue and be sued
Composition 
of the Guwa­
hati Metro­
politan Dev­
elopment 
Authority.
5. (1) The G uw ahati M etropolitan D evelop ­
m ent A u th o rity shall consist of the 
follow in g m embers, nam ely :—
(a) The C hief M inister of the State o f 
Assam  shall be the Chairm an ;
(b) The M inister in charge of Tow n and 
Country Planning Departm ent and 
the M inister in charge of M unicipal 
Adm inistration D epartm ent of the 
State of Assam  shall be the D eputy 
Chairm en :
Provided that w hen there is no Council of 
M inisters in the State o f Assam , the State 
G overnm ent shall nom inate such persons, as it 
m ay thin k fit, to be the three m em bers as the 
Chairm an and D ep uty Chairm an resp ectively of 
the G uw ahati M etropolitan D evelopm ent A u th o ­
rity  ;
(c) One m em ber “ to be appointed b y the 
State G overnm ent as V ice-C hairm an  :
Provided that the State G overnm ent m ay, 
appoint the S ecretary to the M inicipal A dm ini- 
- - stration D epartm ent of the State G overnm ent 
as Ex-O fficio V ice-C hairm an  of the G uw ahati 
M etropolitan D evelopm ent A u th o rity to run the 
adm inistration of the A u th o rity ;

(d) the Chief Executive Officer of the Guwa- 
hati Metropolitan Development Authority 
to be appointed by the State Govern­
ment, ex-officio ;
(e) the Town Planner of the Authority (not 
below the rank of Associate Planner of 
the State Government) to be appointed 
by the State Government;
(f) the Chief Engineer of the Authority (not 
below the rank of Superintending Engi­
neer of the Public Works Department of 
the State Government) to be appoited 
by the State Government;
(g) the Financial Adviser and Chief Accounts 
Officer of the Authority (in the rank of 
Financial' Adviser of the State Govern­
ment) to be appointed by the State 
Governm ent;
(h) the Director of Town and Country Plan­
ning, Government of Assam ;
(i) the Deputy Commissioner, Kamrup 
D istrict;
(j) the Deputy Commissioner, Pragjyntish- 
pur D istrict;
(k) the Chief Engineer, Public Works Depart­
ment (Roads);
(l) the Chief Engineer, Flood Control 
Department ;
(m) the Chief Engineer, Public Health 
Engineering Department;
(n) the Director, Municipal Administration 
Department ;
(o) the Chief Executive Officer and Com­
missioner, Assam State Housing Board ;
(p) the Commissioner, Guwahati Municipal' 
Corporation ;
(q) the Chairman, North Guwahati Town 
Committee ;

895THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987
(r) one Councilor from the Guwahati Muni- ’  
cipal Corporation to be nominated by 
the Guwahati Municipal Corporation;
(s) one member from the Commerce and 
Industry (Private Sector) to be nomina­
ted by the State Government;
(t) one member from the Railways to be 
nominated by the State Government;
(u) three other members to be nominated 
by the State Government, of whom one 
shall be from the Planning and Develop­
ment Department, one from the Finance 
Department and one person with expe­
rience of Town Planning or Architecture.
(2) The appointment of the vice-chairman 
may be either whole-time or part-time 
as the State Government may think fit, 
but the appointment of the Chief Execu­
tive Officer, the Town Planner of the 
Authority, the Chief Engineer of the 
Authority, and the Financial Adviser 
and Chief Accounts Officer of the Autho­
rity referred to in clause (d). clause (e), 
clause (f), and clause (g) shall be whole­
time.
(3) The Vice-chairman shall be entrusted 
general administration of the Guwahati 
Metropolitan Development Authority as 
per provisions of this Act subject to the 
overall control and. supervision of the 
Chairman or Deputy Chairman, as the 
case may be, and shall discharge such 
functions and exercise such powers as 
may be delegated to him by the Chair­
man or Deputy Chairman, as the case 
may be and shall during the absence of 
the Chairman or Deputy Chairman, per­
form the functions and exercise the 
powers of the Chairman or the Deputy 
Chairman, as the case may be.

895THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987
(r) one Councilor from the Guwahati Muni- ’  
cipal Corporation to be nominated by 
the Guwahati Municipal Corporation;
(s) one member from the Commerce and 
Industry (Private Sector) to be nomina­
ted by the State Government;
(t) one member from the Railways to be 
nominated by the State Government;
(u) three other members to be nominated 
by the State Government, of whom one 
shall be from the Planning and Develop­
ment Department, one from the Finance 
Department and one person with expe­
rience of Town Planning or Architecture.
(2) The appointment of the vice-chairman 
may be either whole-time or part-time 
as the State Government may think fit, 
but the appointment of the Chief Execu­
tive Officer, the Town Planner of the 
Authority, the Chief Engineer of the 
Authority, and the Financial Adviser 
and Chief Accounts Officer of the Autho­
rity referred to in clause (d). clause (e), 
clause (f), and clause (g) shall be whole­
time.
(3) The Vice-chairman shall be entrusted 
general administration of the Guwahati 
Metropolitan Development Authority as 
per provisions of this Act subject to the 
overall control and. supervision of the 
Chairman or Deputy Chairman, as the 
case may be, and shall discharge such 
functions and exercise such powers as 
may be delegated to him by the Chair­
man or Deputy Chairman, as the case 
may be and shall during the absence of 
the Chairman or Deputy Chairman, per­
form the functions and exercise the 
powers of the Chairman or the Deputy 
Chairman, as the case may be.

896 TH E  ASSAM  G A Z E T T E , E X T R A -O R D IN A R Y , N O V .1 4,1987
(4) The Vice-Chairman, if he is a whole­
time member and other members speci­
fied in clause (d), clause (e), clause (f) 
and clause (g) shall be entitled to receive 
from the funds of the Authority such 
salaries and such allowances as m ay be 
determined by the State Government in 
this behalf.
(5) The Vice-Chairman, if he is a part-time 
member, may be paid from the funds of 
Authority such allowances as may be 
fixed by the State Government in this 
behalf.
(6 ) The Vice-Chairman, the Chief Executive 
Officer, the Town Planner? the Chief 
Engineer, and the Financial Adviser and 
Chief Accounts Officer referred to in 
clause (c), clause (d), clause (e), clause 
(f) and clause (g) shall hold office during
the pleasure of the State Government.
(7) The members referred to in clauses (r) 
and (s) of sub-section (1) shall hold office 
for a term of three years from the date 
of their nomination by the State Govern­
ment and shall receive such allowances 
for attending meeting of the Guwahati 
Metropolitan Development Authority or 
any committee; thereof .  as may be pres­
cribed:
Provided that the member referred to in 
clause (r) of sub-section (1), on ceasing, to be a 
Councillor of the Guwahati Municipal Corpora­
tion, shall cease to hold office as such member 
notwithstanding that the said term of three 
.years has not expired and the vacancy shall 
be filled by the State Government by making a 
fresh nomination.
(8 ) The State Government may, if it thinks 
fit, terminate the appointment of any 
nominated member before the expiry of 
his term of office.

THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 89 7
(9) A  nominated member of the Authority 
may resign his membership by giving 
notice m writing to the State Govern­
ment. He shah cease to be a member on 
acceptance of such resignation.
(10) Any vacancy caused by resignation, death 
or otherwise of a nominated member 
shall be filled by fresh nomination by 
the State Government.
(11) No act or proceeding of the Guwahati 
Metropolitan Development Authority 
shall be deemed to be invalid merely bv 
reason of any vacancy in, or defect, initial 
or subsequent, in,the constitution of that 
Authority.
F u n c tio n  a n d 6. (1) Subject to the provisions of this Act and 
U w A u th o -i- r v-les made thereunder and any direction 
« v . ‘ which the State Government, may give from time
to time, the functions of the Guwahati Metro-* 
politan Development Authority shall be tp pro­
mote and secure the development of the Guwa­
hati Metropolitan Area according to the Master 
Plan.
(2) Without prejudice to the generality of 
the functions specified in sub-section (1), 
the Guwahati Metropolitan Develop­
ment Authority shall have the following 
powers and functions :— ;
(a) to carry out or cause to be carried ou 
surveys of the area and to prepare repoi 
or reports of such survey ;
(b) to prepare Master Plan for the Guwahal 
Metropolitan Area ;
(c) to enforce and execute the Master Pla 
for Guwahati Metropolitan Area :
(d) to prepare and execute developmei

898 TH E
Meeting of 
the Guwa- 
lia ti Metro­
politan Dev­
elopment 
A ” 1  horirv.
ASSAM  G A Z E T T E , E X T R A -O R D IN A R Y , N O V .1 4,1987
(e) to co-ordinate development activities of 
all departments and agencies of the. State
Government or local authorities opera­
ting within the Guwahati Metropolitan 
Area ;
(f) to carry out or cause to be carried out 
of such works as are contemplated in 
the Master Plan ;
(g) to acquire, hold and manage such pro­
perty both movable and immovable, as 
the Guwahati Metropolitan Development. 
Authority may deem necessary for the 
purposes of any of its activities and to 
lease, sell or otherwise transfer any pro­
perty held by i t ;
(h) to purchase by agreement or to take on.
lease or under any form of tenancy, anv *
land and to erect thereon such buildings 
or structure and to carry out such opera­
tions as may be necessary for the purpose 
of carrying on its undertakings ;  A
(i) to enter into or perform such contracts 
as may be necessary for the performance 
of its duties and for exercise of itspoweis 
under this A c t;
C i)  to periorm anv other function which - s  
supplemental, incidental. or consequential 
to any of the functions aforesaid .r 
which ni;iv be prescribed.
7 . (1 ) The Guwahati Metropolitan Development 
Authority shall observe such rules of procedure 
in legaid to the transaction of business it it<  
meeting (including the quorum at its meeting) 
as may be prescribed.
(2 ) tile t merman ' ■ ! '  1  he Guwahati Metro­
politan Development Aufhoiitv or, > f •  
any reason lie is unable m attend -mv

899THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987
w meeting, the Deputy Chairman or, if for 
‘any reason the Chairman and the Deputy 
Chairman are unable to attend any 
meeting, the Vice-Chairman or if for any 
reason he is also unable at attend the 
meeting, any other member elected by the 
members present shall, preside at the 
meeting.
Power to g  . (J ) 
appoint offi­
cers and
Secretary 
and other 
staff.
The State Government may appoint a 
suitable person as the Secretary of the 
Authority who shall exercise such powers 
and perform such duties as may be pres" 
cribed by regulations ,or delegated to him 
by the Authority or the Chairman.
(2) Subject to such control and restrictions as 
may be prescribed by rules, the Authority 
may appoint such number of other officers 
and employees (including experts for 
technical works) as may be necessary for 
the efficient performance of its functions 
and may determine their designations and 
grades.
(3) The Secretary, and other officers and 
employees of the Authority shall be en­
titled to receive from the funds of the 
Authority such salaries and such allowan­
ces, if any, and shall be governed by such 
conditions of service as may be determined 
bv regulations made in this behalf.
Delegation g The Guwahati Metropolitan Development 
Authority may, by order in writing and 
subject to such conditions as it may think 
fit to impose, delegate any of its powers, 
duties and functions under this Act or any 
other Act or any rule or regulation made 
thereunder to the Chairman, Deputy 
Chairman, Vice-Chairman, Chief Execu­
tive Officer, Town Planner. Chief Engineer. 
Financial Adviser and Chief Accounts 
Officer or any other Officer appointed 
under this Act.

Powjr of  
the Autho­
rity to co­
opt. mem­
bers for Par­
ticular pur­
pose ■
Advisory  
Council.
10. (1) The G uw ahati M etropolitan Develop­
m ent A uthority m ay associate w ith itself, 
any person as a co-opted m em ber for a 
period of th ree years whose assistance or 
advice it m av consider necessary in c a rry ' 
ing out its duties and functions as m ay be 
decided, by the A uthority in its m eeting 
by passing a resolution for such co-option.
(2) The person so associated shall not be deem ­
ed to be a m em ber of the A uthority and 
shall have no right to vote at any m eeting 
thereof, but he m av take part in the dis- .  
cussions of the A uthority relating to the 
purpose or purposes for which he was 
associated w ith the A uthority.
11. (1) The G uw ahati M etropolitan Developm ent
■Authority shall, as soon as m ay be, consti­
tute an Advisory Council, for the purpose 
of advising the A uthority on the prepa­
ration of M aster Plan and on such other 
m atters relating to the planning of deve­
lopm ent. or arising out of, or in connection 
w ith the adm inistration of this Act as m av 
be referred to it by the A uthority.
(2) The A dvisory Council shall consist of the 
following m em bers, nam ely :—
(a) the C hairm an of the A uthority, ex- 
officio, who shall be the P re sid e n t;
(b) the D eputy Chairm en of the A utho­
rity. ex-officio; •
(c) the V ice-Chairm an of the A uthority, 
ex-officio;
(d) two persons w ith knowledge of Town 
P lanning or A rchitecture to be nom i­
nated bv the State G overnm ent ;
(e) two representatives of the G uw ahati 
M unicipal Corporation to be elected by 
the councillors from  among them selves;
(fl one representative of the N orth-G uw a- 
hati Town Com m ittee :

THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 901
)  (g) one representative of the Health De­
partment to be nominated by the State 
Government;
(h) one representative from the Assam 
State Electricity Board to be nominated 
by the State Government:
(i) three persons to be nominated by the 
State Government of whom one shall 
represent the interests of commerce 
and industry in Guwahati Metropolitan 
A re a ;
(j) four persons from the technical 
departments of the State Government 
to be nominated by the xState Govern­
ment ;
(k) one representative of the Indian 
Railways to be nominated by the 
State Government;
(l) three members of the Assam I  i-wsla- 
lative Assembly to be nominated by 
the Speaker of that Assembly.
(3) If for any reason the Chairman of the 
Guwahati Metropolitan Development 
Authority is unable to attend any meeting 
of the Advisory Council, such meeting
shall be presided over by. any of the 
Deputy Chairmen ;
(4) The Advisory Council shall meet as and 
when necessary and shall regulate its own 
procedure.
(5) The members of the Advisory Council 
shall hold office for such term, as may be •  
prescribed.
Constitutions 12. (1) The Guwahati Metropolitan Development 
of Commit- Authority may, from time to time, witn a
tees‘ view to give effect' to the purpose^ of this
Act and other Rules made under this Act

constitute as many committees consisting 
of such persons of following classes as it 
may think fit, namely :—
(i) Members of the Authority.
(ii) Persons associated with the Authority.
(iii) Other persons whose assistance or 
advice the Authority may desire as 
members of such committees.
Provided that no Committee shall con­
sist of less than three and more than seven 
persons.
(2) The Authority may—
(a) refer to such Committee, for inquiry 
. and report, any matter relating to any
of the purposes of this Act and rules 
under this A c t ;
(b) delegate to such Committee by speci­
fic resolution and subiect to rules made 
in this behalf, any of the powers or 
duties of the Authority relating to the 
subject matter for which the Commit­
tee has been constituted.
(3) The Guwahati Metropolitan Development 
Authority may. at any time, for reasons 
to be recorded in writing, dissolve or, sub­
ject to the provision of sub-section (1) alter 
the constitution of any such Committee.
(4) Every Committee shall carry out any 
instruction given to it bv the Authority 
and every final decision of such Committee 
shall, subiect to any rule to the contrary, 
be laid before the Authority for confir­
mation.

THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 9 03
(5) A Committee constituted under this section 
shall meet at such .place and at such time, and 
shall observe such rules of procedure in regard to 
the transaction of business at its meetings, as may 
be determined by rules made in this behalf.
(6) The members of a Committee, other than 
the members of the Guwahati Metropolitan 
Development Authority, stall be paid such fees 
and allowances for attending its meetings and for 
attending to any other work of the Guwahati 
Metropolitan Development Authority, as may be 
determined by rules made m this behalf-
supply o f 13- (1) The Guwahati Metropolitan Develop- 
a n dU? n fo r- ment Authority shall forward to the State Govern- 
the^stw m e n t >  copies of the minutes of the proceedings of 
G o v e rn - “ each meeting of the Authority, within ten days 
m en u  f rO m t iIC date on which the minutes are signed.
(2) The Authority shall, if so directed by the 
State Government, forward to it a copy of all 
papers which were laid before the Authority for 
consideration in any meeting.
(3) The State Government may require the 
Guwahati Metropolitan Development Authority to 
furnish it with—
(a) any return, statement, estimate, statistics or 
other informations regarding any matter 
under the control of the Authority, or
(b) a report on any such matter, or
(c) a copy of any document in the charge of 
the Authority.
d uWG u w °a
f- 14. (1) Notwithstanding anything contained in 
hati Metro- other law for the time being in force, the Guwahati 
v c io p m e ? ? ’ Metropolitan Development Authority may give such 
A u th o rity  directions with regard to the implementation of 
directions, any development project, as it may think fit, to 
an authority to which payment of any money from 
its fund has been made under this Act.

904 TH E A S S A M  G A Z E T T E , E X T R A - O R D IN A R Y ,  N O V .14,1987
(2) The Guwahati Metropolitan Development 
Authority shall so exercise the powers of super- 
vi ' n referred to under this Act as may be nece­
ssary to ensure that each development project 
is executed in the interest of the over-all develop­
ment of the Guwahati Metropolitan Area and in 
accordance with the approved Master Plan.
P o w e r o f 15. (1) Where the Guwahati Metropolitan 
Ud^etro- Development Authority is satisfied that any direc- 
p o iita n  tjon given by it under sub-section (1) of Section 
n ® n t1 OA u t- M with reg..rd to any development project has 
h o rity  to n o t been carried out by such authority referred to 
any therein or that any such authority is unable to 
fully implement any scheme undertaken by it for 
the development of any part of the Guwahati 
Metropolitan Area, the Guwahati Metropolitan 
Development Authority may itself undertake the 
works and incur any expenditure fi r the execution 
of such development projects or implementation of 
such schemes, as the case may be.
(2) The Guwahati Metropolitan Development 
Authority may also undertake any works or schemes 
in ti c Guwahati Metropolitan Area or as may be 
directed by the State Government and may incur 
such expenditure as may be necessary lor the 
execution of such work or scheme*
CHAPTER HI
Master Plan
P rep aratio n  16. A Master Plan hereinafter referred to as 
pian.aS,er “Plan” in this Act for the development cf Guwa­
hati Metropolitan Area er fir any area with­
in the Guwafati Metrept litan Ana which the 
State devernment may, c e  nsie’er necessary, shall 
be drawn up by the Authc rity in c <  nsidtatic n 
with tl.c Dirccter cf Te wn and Cem tiy Flaming 
or such ether e  xperls cf c e  nsuharcy as the Gvwa?- 
l ati Metropolitan Development Aufl e  rity consider 
it necessary:

THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 905
Provided further, the Authority may adopt the 
existing Master Plan for Greater Guwahati prepared 
by the Director of the Town and Country Plan­
ning Department, with such alterations, modifica­
tions, changes and adjustments as it deems necessary.
M asterplan# The Authority shall, as soon as maybe,
‘carry out necessary surveys of, and prepare a Mas­
ter Plan for Guwahati Metropolitan Area or for 
any area within the Guwahati Metropolitan Area, 
as it may deem necessary in the manner prescri­
bed in Section 16.
-  (2) The Master Plan shall—
(a) ' define the various zones into which Guwa­
hati Metropolitan Area may be divided for the 
purposes of development and indicate the manner 
in which the land in each zone is proposed to be 
used (whether by the carrying cut thereon of deve­
lopment or otherwise) and the stages by which 
any such development shall be carried out; and
(b) serve as a basic pattern of frame work with­
in which .  detailed, development schemes of the vari­
ous zones may be prepared.
C o n te n ts o f 18.(1) The Master Plan to be prepared as 
pJLMaster  defined in Section 16, may include:—
(a) a general land use plan for residential, 
commercial, industrial, recreational and public and 
semi-public purposes;
(b) Zoning plan and Zoning Regulations;
(c) Transportation plan including roads, rail­
ways, canals, etc ;
(d) Public utilities pian;
(c) any other matter which is necessary for the 
proper development of Guwahati Metropolitan Area;
"  (f) necessary report giving relevant data and 
information in respect of the proposals in the Plan 
and any oilier thing as it deem necessary.

(2) The Zoning Plan and Zoning Regulations 
may—
(a) contain a site-plan and use-plan for the 
development of the zone ;
(b) specify the standards of population density 
and building density ;
(c) show every area in the zone which may, in 
the opinion of the Authority, be required or dec­
lared for development or re-development ; and
(d) in particular, contain provisions regarding 
all or any of the following matters, namely :—
(i) the division of any site into plots for the 
erection of buildings ;
(ii) the allotment or reservation of land for 
roads, open spaces, gardens, recreation 
grounds, schools, markets and other pub­
lic purposes ;
(iii) the development of any area into a 
township or colony and the restrictions and 
conditions subject to which such develop­
ment may be undertaken or carried o u t;
(iv) the erection of buildings on any site and 
the restrictions and conditions in regard 
to the open spaces to be maintained in 
or around buildings and height and chara­
cter of buildings ;
(v) the alignment of building on any site ;
(vi) the architectural features of the elevation 
or frontage of any building to be erected 
on any site;
(vii) the number of residential buildings which 
may be erected on any plot or site ;
(viii) the amenities to be provided in relation 
to any site or buildings on such site

THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 9 0 7
whether before or after the erection of 
buildings and the person or authority by 
whom or at whose expense such ameni­
ties are to be provided ;
(ix) the prohibitions cr restrictions regarding 
erection of shops, workshops, warehouses 
or factories or buildings or a specified 
architectural featute or buildings designed 
for particular purposes in the locality ;
(x) the maintenance of walls, fences, hedges 
or any other structural or architectural 
construction and the height at which 
they shall be maintained ;
(xi) the restrictions regarding the use of any 
site for purposes other than erection of 
buildings; and
(xii) any other matter which is necessry. for 
the proper development of the zone or 
any area thereof according to Plan and 
for preventing buildings being erected 
haphazardly in such zone or area.
Submission 19. Every Plan shall, as soon as may be 
t ° h  Psuteto a fte r i ts  preparation, be submitted by the Autho- 
G o v e rm n e n t rity to the State Government for approval and 
fo r a p p ro - ^ a t Government may either approve the plan 
without modifications or with such modifications 
as it may consider necessary or reject the Plan 
with direction to the Authority to prepare a fresh 
plan according to such directions.
Procedure 20.(1) Before preparing any Plan finally and
t0 deifoth' submitting it to the State Government for appro- 
p re p a ra tio n  val, the Authority shall prepare a plan in draft and 
•nd a p p ro - pUbfish it by making a copy thereof available for 
va ° an' inspection and publishing a notice in such form 
and manner as may be prescribed by rules made 
in this behalf inviting objections and suggestions 
from any person with respect to the draft plan 
before such date as may be specified in the notice.

908 THE ASSAM  G A Z E T T E , E X T R A -O R D IN A R Y , N O V .14,1987
(2) The Authority shall also give reasonable 
opportunities to every local authority within whose 
local limits any land touched by the plan is situated, 
to make any representation with respect to the plan.
X
(3) After considering all objections, suggestions 
and representations that may have been received 
by the Authority, the Authority shall finally prepare 
the plan and submit it to the State Government 
for its approval.
(4) Provisions may be made by rules made in 
this behalf with respect to the form and content of 
a plan and with respect to the procedure to be 
followed and any other matter, in conection with 
the preparation, submission and approval of such 
plan.
(5) Subject to the foregoing provisions of this 
section, the State Government may direct the Autho­
rity to furnish such information as the State Govern­
ment may require for the purpose of approving any 
plan submitted to it under this section.
op erad o n 'o f 21. (1) Immediately after the plan and Zoning
W a n s  an d  Regulations have been approved by the State Govern- 
g u iIa tio n sRe"m e n t ’  ^ e  Authority shall publish in such manner 
as may be prescribed by regulations, a notice stating 
that a plan has been approved and naming a place 
where a copy of the plan may be inspected at all 
reasonable hours and upon the date of the first 
publication of the aforesaid notice, the plan shall 
come into operation.
(2) After the coming into operation of the Master 
Plan and Zoning Regulation, it shall be the duty 
of the Guwahati Municipal Corporation or any 
other local authority, within whose jurisdiction such 
area or zone is situated to enforce such regulatory 
measures in supersession of the rules and regula­
tions, if any, applicable to such area or zone.

■  . .  I
THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 9 0 9
M o d ific a tio n  22. (1) The Authority may make anv modifica- 
terS^lndtions to the Master Plan and Zoning Regulations 
the Zoning as it thinks fit. being modifications which, in its 
Regulations. Opjn -Or[ ^  j 0  n Q t  eg-e c t important alterations in the 
character of the plan and which do not relate to 
the extent of land uses or the standards of popu­
lation^ density.
(2) The State Government may make any modi­
fications to the Master Plan and Zoning Regula­
tion whether such modifications are of the nature 
specified in sub-section (1) or otherwise.
(3) Before making any modifications to the Plan, 
the Authority or, as the case may be, the State 
Government shall publish a notice in such form 
and manner as may be prescribed by rules made 
in this behalf inviting objections and suggestions 
from any person with respect to the proposed modi-
, fications before such date as may be specified in
the notice and shall consider all objections and 
suggestions that may be received by the Authority 
or the .  State Government.
(4) Every modification made under the pro- 
sions of this section shall be published in such 
manner as the Authority or the State Government, 
as the ease may be, may specify and the modi­
fications shall come into operation either on the 
date of the publication or on such other date as 
the Authority or the State Government may fix.
(5) When the Authority makes any modifica­
tions to the Plan under sub-section (1), it shall 
report to the State Government the full particulars 
of such modifications within z thirty days of the elate 
on which such modifications come into operation.
(6) If any question qrises whether the modi­
fications proposed to be made by the Authority are 
modifications which effect important alterations in 
the character of the plan or whether they relate 
to the extent of land-uses or the standards of popu­
lation density, it shall be referred to the State 
Government whose decision thereon shall be final.

R e stric tio n  23- After the coming into operation of any 
tand^'awi Master Plan jn any area under sub-section (1) of 
buildings Section 21, no person or body (including a depart- 
tcr pu b lics- m e-' of State or Central Government cz the local 
d o n  o f th e autnority) shall use or permit to be used any land, 
Master p!an ’sub-divide any land by transfer, by way of gift, 
sale, partition or any other manner the whole or 
any part of the land, dr setup any new structure 
on any land covered by the Plan or change the 
existing structure or any building or use of any 
building or land within the area covered by the 
Plan except with permission of the Guwahati Met­
ropolitan Development Authority on a written appli­
cation submitted for the purpose-
o f°d e v e ton ^4- After the coming into force of this Act, 
m e n t w ith - no development, institution or change of use of any 
°sio nPermi"  ^a n d b®  undertaken or carried out within the Guwahati Metropolitan Area without obtaining the 
permission in writing from the Authority as provided 
for here-in-after :
Provided that no such permission shall be 
necessary—
(i) for the carrying cut such works for the 
maintenance, improvement or other altera­
tion of any building which effect only the 
interior of the building or which do not 
materially effect the structural and external 
appearance of the building;
(ii) for the carrying out by the Central or the 
State Government or any local authority 
of any works required for the maintenance 
or improvement of a highway, road or 
public street, being works carried out on 
land within the boundaries of such highway, 
read or public street;
(iii) for the carrying out by the Central or the 
State Government or any local authority of 
any works for the purpose of inspecting, 
repairing or renewing any drains, sewers, 
mains, pipes, cables or other apparatus 
including the breaking open of any street 
or other land for that purpose;

91 1THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987
(iv) for the cxcavatic n (including wells) made in 
the ordinary course of agricultural operations;
(v) fcr the construction cf unmetalled road in­
tended to give access to land solely for 
agricultural purposes.
25. (1) Any person or body (including a depart- 
lo p m e n t'" ment of the Central or the State Government or 
any local authority) intending to carry out any 
development on any land shall make an application 
in writing to the Guwahati Metropolitan Develop­
ment Authority for permission in such.  form and 
containing such particulars and accompanied by such 
documents as may be prescribed.
(2) Each such application shall be accompanied 
by a plan drawn to scale showing the actual di­
mension of the parcel of the land and the building 
to be built upon it, the site and the position of 
the building to be erected and in case of altera­
tion in the use or structure of the building or land’  
the nature and extent of such alteration.
(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 permi­
ssion except on the ground of contravention of pro­
posals contained in the plan or the Zoning Regu­
lations and unless the permission has been refused 
within a period of one month 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 the permission has 
been given.
(5) On such applicant n having been duly made, 
and on payment of the development permission fees 
as may be assessed as prescribed by laws framed 
by the Authority in this behalf—
(a) the Authority may pass an order —
(i) giantihg permission unconditionally ; or

912 THE ASSAM G A Z E T T E , E  X T R A - 0  R DIN A R  Y , N 0 V»14,19 87
(ii) granting permission subject to such conditions 
as it may think fit; or
(iii) refusing permission.
(b) Without prejudice to the generality of clause.'’ " ' 
(a) of this sub-section, the Authority may impose 
conditions—
(i) to the effect that the ’  permission granted
is only for a limited period and that after 
the expiry Of that period, th® land shall 
be restored to its previous conditions or 
the use of the land permitted shall be dis­
continued . .
(ii) for regulating the development or use of 
any other land under the control of the 
applicant or for the carrying out of works
on any such land as may appear to the >
Authority expedient for the purpose of the 
permi

Excerpt shown. Open the full act in Lexace.

‹ Prev All Assam acts Next ›