The Guwahati Metropolitan Development Authority (Amendment) Act, 1989

THE ASSAM GAZETTE 
W W
EXTRAORDINARY
PUBLISHED By AUTHORITY
185 . faw*. V * 1* * ’  1 3 1989, 22 < s j t c s j T « f , 1911
No. 185 Dispur, Wednesday 13th Decem ber, 1989, 22nd Agrahayana,
1911 (8. E.) 
GOVERNMENT OE ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT: LEGISLATIVE BRANCH
NOTIFICATION
The 12th December 1989
No.LGL.107/85/423.— The following Act of the Assam Legislative 
Assembly which received the assent of the President is hereby 
published for general information.

1453 ih E ASSAM GAZETTE, EXTRAORDINARY, DEC 13, 1>«9
ASSAM ACT NO. XXI OF 1989
Received the assent of the President on 10th November, 1989.
THE GUWAHATI METROPOLITAN DEVELOPMENT 
AUTHORITY (AMENDMENT) ACT, 1989
An
Act
to amend the Guwahati Metropolitan Development Authority Act, 
1985 (Assam Act No. XX of 1987).
L  ■  .
Whereas it is necessary to amend the Guwahati Metropolitan 
Development Authority Act 1985 (Assam Act No,XX of 1987), herein­
after called the principal Act;
And whereas the previous instructions of the President have 
been obtained; ‘  •
It is hereby enacted in the Fortieth Year of the Republic of India 
as follows, namely
extent fald (1) This Act may be called the Guwahati Metropolitan 
com m ence- Development Authority (Amendment) Act, 1989.
ment.
(2) It shall have the like extent as the principal Act.
(3) It shall be deemed to have come into force on the 
14th day of November, 1987.
oFsectioTT. 2. In the principal Act, in section 2, in sub-section (9), 
for the words and figures "Indian Factories Act of 1934”, 
the words with a come and figures "Factories Act, 1984”, 
shall be substituted,
cfsecfion 23. Principal Act, in section 23, the words "or the
Central Government’’  shall be deleted.
QfsectkSTl •  4 -  I n  t h e  principal Act, in section 24, in the proviso,
(a) in clause (ii) and (iii), the words "the Central or* 
shall be deleted 4 ____  _ _

' THE ASSAM GAZETTE. EXTRAORDINARY, DEC. 13, 1 W B 9  1459
Ainendnteal 
i f  aection 25
(b) the fullstop appearing at the end of clause (v) 
to the proviso shall be substituted by a semicola 
and thereafter a new clause (vi) shall be 
inserted, namely
"(vi) for operational construction.”
-4: . \  ii®
5. In the principal Act, in section 25,
(a) in sub-section (I), the words "the Central or” shall
be deleted; r
(b) the proviso to sub-section (5) shall be deleted;
f
(c) after sub-section (7), a new sub-section namely, 
sub-section '(8)’  shall be inserted and thereafter 
the existing sub-sections (8) and (9) shall be 
renumbered as sub-sections "9” and ’TO” respec­
tively :—
"(8) In case or department of the State Govern­
ment or any Local Authority (where the local authority is 
not also the Development Authority) intending to carry 
out any development other than operational constructions 
(which shall always be outside the purview of the Deve­
lopment Authority) on any land, the concerned department 
or authority, as the case may be, shall notify in writing 
to the Development Authority of its intention to do so, 
giving full particulars thereof and accompanied by such 
■documents and plans, as may be prescribed or directed by 
the State Government from time to time, at least one 
month prior to the undertaking of such development.”
(d) in sub-section (8) as amended by this Act, the 
words "the Central or the” shall be deleted.
(e) sub-section (9) as amended by this Act, shall Be
substituted by the f o l l o w i n g .
"(9) Where the Authority, upon receipt of a notice 
under sub-section (8), raises any objection in respect of 
the proposed development either to any Master Plan under 
section 21 (1) or to any of the building bye-laws in force 
at the time or due to any other material consideration

1460 THE ASSAM GAZETTE. EXTRAORDINARY. DEG. 13, 1989
under sub-section (10), the department or the local 
authority, as the case may be shall-— .....■
(i) either make necessary modifications in the proposals
for development to meet the objections;
(ii) submit the proposals for development together 
with the objections raised by the Authority to 
the State Government for decision. When pro­
posals and objections have been submitted, no 
development shall be undertaken until the State
Government has finally decided on the matter”,
A m endm ent 6. In the principal Act, in section 39, at the end of the 
section 3  »s u g_s e c ^ o n  (3), following shall be added, nam ely:— ■
"The adoption of the Scheme including Government 
approval or sanction, as the case may be, shall He within 
a period not exceeding one year after expiry of the period 
of two months referred to in sub-section (1) above”.
Amendment 7. In the principal Act, in section 40— of section 4 0 -
(i) clause (a) shall He substituted b'y the following,
namely t—
(a) all lands belonging to the Government or any 
other local authority shall, unless it is otherwise 
determined in such Scheme by the Government 
vest absolutely in the Authority free from all 
encumbrances;
(ii) in clause (b), the word "determine’’ appearing in 
the second line of clause (b) shall be substituted 
by the words "be determined.”
amendment 8. In the principal Act section 45 shall be substituted 
•f ’ect > ’n 4 5 ' b y f o l l Q w i n g  n a m e l y . _
"45. when the Authority is of opinion that in the 
interest of public services it is necessary to undertake 
forthwith any of the works included in a scheme, the 
Authority shall make an application before the State Go­
vernment that advance possession of land other than land 
mentioned in. section 40 required -for the scheme be 
allowed and on such permission being granted shall proce* 
ed fo r.  taking over advance possession through acquisition

%
THE ASSAM GAZETTE. EXTRAORDINARY, DEC. 13, 1989 1461
proceedings in accordance with the provisions of the Land 
Acquisition Act, 1894 as amended up-to-date.”,
afsectiM 57.  9 -  I n  principal Act, section 57 shall 5e substituted
by the following, namely : ■
J
*  ■"57. The provisions of the Land 'Acquisition 
1894, as amended from time to time shall apply in 
matter of acquisition of land under this Act and ,the com­
pensation shall be computed tinder the provisions of the 
said Act.” .............. '
Act
the
K. LASKAR,
Joint Secretary to the Govt, of Assam, 
Legislative Department.
flUW A H A Tl— Printed & ;<«bihhed by the D y. Director (P), Directorate of Ptg - and
Slv., Ajssra; Guwahati—2' (Ex»Gazette) He, 3 6 9-1.11 0—300—13-12*1989

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