The Assam Town and Country Planning (Amendment) Act,1962

'ASSAM ACT ’N6"?§X§%IT 661952;!
:- THE ASSAM TOWN AND COUNiR’Y PLANNING (AMENDMENT);
ACT 1962
19
(As passed by the Assembly}
(Received the assent of the Pnesielent on» thezgnd Névember L962?)
EPublished1n the Assam Gazette, Extraordinary, gated the26111 NGV‘SmbcE
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"° amend the Assam Townand GounmyvmaunmE'5"‘.Zg 119111195197
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:Preambxe WHEREAS it is exped1ent to amend th591Al§lm1 Aci
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Assam Town and Country Planning Act, ",1959
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,.II_ot-‘g: f1: n
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hereinafter called the principal Aet,
in the manner
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It'1shereby enactedm the «.Thn‘teenth Yea:r_ofthe}
Republic of India as follows :-—-
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1. (I) This Act may be eai'l'ed the Assam Town
Short mlc’ 11d floumryePlanning (Amendment) Act, 1962., V._-,
extent and a
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cammeirce-
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(2) It shah 151an the filike extem as the prmmpal
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L1H
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127
Insertion of 2. After Chapter II of the principal Act, the
Chain" lI'
following shall be inserted as Ch mter lI-A, namely :—~
A In
Assan}3301.1
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“CHAPTER II-A
‘
Constitution of the Development Authority
Constitution 8A. ( 1) The State Government may, by notification
0f the in the Official Gazette, constitute for the purposes of
Authority. this Act, an Authority to be called “The ..................
Development Authority” (hereinafter referred to as
the Authority) with in isdiction over such area as may
be specified in the said notification.
f (2) The Authority shall be a body corporate having
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perputual succession and a common seal with power
0,
to acquire, hold and dispose of properties both move-
r. able and immoveable and to enter into any agree-
ment, and shall by the said name sue and be sued.
8B, (1) The Authority shall consist of the following
members, namely :—
Composition (a) A Chairman to be appointed by the State
0ft!” Government :
Authority.
’
(b) Engineer-in-chief of the Authority to be
appointed by the State Government ;
to) Town Planning Officer of the Authority to
be appointed by the State Government ;
((1) Finance Omcer to be appointed by the
State Government ;
(e) Deputy Commissioner or Subdivisional
Officer, as the case may be ;
(d) Chairman or Chairmen of the local antho-
rity or authorities covered by the Master
.5» plan ;
m
(g) One member representing Commerce and
9 Industry (Private Sector) to be nominated
by the State Governmert ;
(h) One member representing the Railways, to
be nominated by the State Government ;
(i; One member representing‘lndustry (Public
Sector) to be nominated by the State
Government ;
(j) One person each from the local authorities
covered bv the Waste" plan to be elected by
the members at a meeting from amongst
them.

128
Notification The name of the members elected and appoint-ofmcmbers. ed 5hall be published in the Official Gazette.
Pisqualificai (3) A person shall be disqualified for appomtment,
”0“
.
f°r nomination or election as a member, if he,—election or
appoint-
ment as
member.
* . . .
(a) has been CODVICtCCl of any offence mvolvmg
moral turpitude ;
(b) is an applicant to be adjudicated as a bank-s
'
rupt or insolvent or is an uncertificated bank-
rupt or undischarged insolvent ;
(c) holds any office of profit under the Authority
except those mentioned in clauses (a), (b),
(c) and (d) of sub—section (1) ;
(d) has, directly or indirectly, by himself or by
any partner, any share or interest, in any
centract or employment with, by, or on
behalf of, th 5
Authority; or
(e) is a Director, or a Secretary, Manager or
other salaried officer of any incorporated
company which has any share or interest in
any contract or employment, with, by, C1‘ on
behalf of the Authority.
.Remove 1 of
c hm (4) The State Governmentmay rt move from the
m m
, .
Authority any member including the Chairman who,—
(a) refuses to act or becomes incapable of acting
or absents himself from three consecutive
meetings of the Authority and is unable to
explain such absence to the satisfaction of
the Authority ;
(b) has so flagrantly abused in any manner his
position as a member of the Authority as to
render his continuance detrimental to the
public interest:
Provided that when the State Government pro-
poses to take any action under any of the
above provisions, an opportunity shall be
given to the member concerned to show
cause why action as preposed should not be
taken against him ;
(c) ceases to be a member of the local Authority
from which he was elected ;
(5) A member removed under clauses (a) and
(b) of sub-section (4) shall not bé eligible for re-
appointment or rev-election, as the case may be.
if
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gm! 0; _80. (l) The term of office and conditions of set-
gon‘aitimin VICC of the Chairman and members of the Authority
of service of shall be such as may be prescribed and they shall be
the Chair- entitled to receive such salaries and allowances as
man and may be fixed by the State Government.member of
the Autho-
rity.
(2) The Chairman or any member may Pesign his
membership of the Authority by giving notice in
writing to the State Government and on the resigna-
tion being accepted by the State Government, he
shall cease to be a member of the Authority.
.
(3) Any vacancy created by resignation or removal
shall be filled by fresh appointment or nomination
by the State Government, or by election, as the case
may be.
Functions 8D. Subject to the provisions of this Act, rules
:ilihgmifif and directions of the State Government, the functions
thority. of the Authority shall be to promote and secure the
development of the area accozding to the Master plan
and for that purpose it may carry out or cause to be
carried out surveys of the area and to prepare report
or reports of such surveys, and to perform any other
function which is supplemental, incidental or conse-
quential to any of the functions aforesaid or which
may be prescribed.
Meeting of 3E. (1) Each Authority shall meet once in a month
the AuthO- at such time and place and shall subject to the provi-"W' sions of sub-section (2) and (3) observe such procedure
in regard to the transaction of business at its meeting,
as may be prescribed by bye-laws to be framed under
section 74 of this Act.
(2) The Chairman, or in his absence any member
chosen by the members from amongst themselves, shall
preside at a particular meeting of the Authority.
(3) All questions of the meeting of the Authorityshall be decided by a mojority of the votes of the
members present and voting and in the case of an
equality of votes, the person presiding shall have a
second or casting vote.
(4) Nothing done by the Authority in its meeting
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shall be held to be invalid because of any vacancy in,
the seats- of the appointed, nominated or elected
members or «the absence of any of the members for
any reason whatsoever.

130
(5) Minutes shall be kept of the names of the
members present and of the proceedings at each
meeting in a book to be kept for this purpose, which
shall be signed at the next ensuing meeting by the
person presiding at such meeting, and shall be open
to inspection by any member during office hours.
Temporary 8F. (1) The Authority may associate with itself
association in such manner and for such purposes as may be
:fhhpersiilrll: prescribed by rules any person whose assistance or
Authority advice it may desire in performing any of its func-
for particu- tions under this Act.
lar purpo-
scs'
(2) Any person associated with it by the Authority
under sub-section (1) for any purpose shall have
a right to take part in the discussions of the Authority
relevant to that purpose but shall not have a right to
vote at a meeting and shall not be a member for any
other purpose.
Staffofthe 8G. (1) Subject to such control and restrictions as
Authmty' may be prescribed by rules, the Authority may
appoint such number of officers and employees
asmay be necessary for the efficient performance of
its functions and may determine their designations
and grades.
s
(2) The officers and employees of the Authority
shall be entitled to receive such salaries and allowan-
ces, if any, as may be fixed by the Authority and shall
be governed by such terms and conditions of service
as may be determined by rules and regulations made
in this behalf.”
3. In section 10 of the Principal Act--Amendment
of Section
10 of Assam
Act II of
.
1960. (1) in sub-section (1), between the words “the”
and “Regulation” the word “Zoning” shall be inser‘
ted;
(2) in subsection (2), the full-stop at the end shall
be deleted and the Words and the full-stop “and adopt
the same.” shall be added.
Substitution 4. For section 12 of the principal Act, the following
°f seam"
shallbe substituted, namely :—
12 of Assam
Act II of
1690.
“Implemeni
.
h Pl 11d Z
°
*R 1 _-
h 2. After adoption of t e an a oning egu a
{323?
at t
etion they shall be sent by the State Government for
implementation to the Authority constituted under
section 8 3!
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131
Amendment 5. In section 14 of the principal Act, between the
of Section words “the” and “Regulation” the word “Zoning”
H orAsfiain
.
Act II of shalt be Inserted.
l960.
Substitu- 6. For section 15 of the principal Act, the following
tion of Sec- shall be substituted, namely ;-—;
tion 15 of
Assam Act
II of 1960.
“Prepara_ 15. (1) After the commencement of this Act, the
tion of dcve- Authority may, by notification in the Official Gazette,
10 P m e n t declare any area to be a scheme area and shall there-
Scheme. after prepare a scheme. Where no Authority has
been constituted, the State Government may, by
notification in the Official Gazette, declare any area
to be a Scheme area and the Director shall thereafter
prepare a scheme.
(2) Notwithstanding anything contained in sub-
section (l), the State Government may, after making
such enquiry as they may deem necessary by notifica-
tion in the Official Gazette, direct any local authority
to prepare, publish and submit for their sanction
before an appointed date a scheme under this section
for an area specified in such notification.
(3) While preparing the scheme, the Authority,
the Director or the local authority, as the case may
be, shall issue a notice inviting the names ol all the
claimants of any interest on any land or building
within the area under the scheme to be submitted
Withina period not more than one month.
(4) Save as provided in this Act, the Authority,
Director or local authority shall not undertake or
carry out any development of land in any area which
is not a scheme area.
(5) After the commencement of this Act, no
development of land shall be undertaken or carried
out in the scheme area by any person or body of
persons except in the manner prescribed under section
13 of this Act.”
7. For section 16 of the principal Act, the follow-
3308:3233 ing shall be substituted, namely:—
16 of Assam
Act II Of
1999mm“. 16. (1) Tne Authority. the Director Of the 10“]
“on of the authority, as the case may be, shall have the scheme
Dev C10 p. and the report and the names of all the claimants
ment Sche- published in the manner prescribed under sub-Section
me-
(1) of section 10 and have a copy of them served on
all persons who preferred claims under sub-section (3)
of section 15, inviting objection to be filed within a
period not more than two months.

132
(2) After the expiry of the aforesaid period, the
Authority, the Director or the local authority, as the
case may be, shall examine the scheme in the light of
such objection, giving sufficient opportunity for hear-
ing to all such interested persons who have filed
objections and demanded a hearing in the manner
prescribed, and shall approve or refuse to approve
or approve with such modifications as it may deem
neccessary, for the implementation of the scheme and
for imposing for that purpose reasonable restrictions in
the use ol‘land and building within the area.
(3) After the Authority, the Director or the local
authority, as the case may be, has adopted the schemes
its shall be forwarded to the State Government for it,
approval and sanction, if so required under any rule
prescribed, otherwise the scheme will come into force
from the date the scheme is adopted.”
,
Amendment
of Section I 7
of Assam Act
II of 1960,
8. In section 17 of the principal Act,—
(1) the subsection (1) shall be deleted and sub-sec-
tion (2) shall he renumbered as section 17 ;
(2) In section 17 so re-numbered, for the words
“No person shall within the area in which the Govern»
ment has sanctioned the Development Scheme” the
words “No person shall within any area where a
scheme has come into force” shall be substituted.
Amendment ‘
. .. .
“
V
of Section 34 9. In section 34 of the pnnmpal Act, the words and
of Assam Actwith the previous sanction of the, State Government’”
II of 1960. occuring between the words “Act” and “the” shall be
deleted.
éfiffi’fig‘fi 10. After section 59 of the principal Act, the follow-
in Assam Act ing shall be inserted as section 59A, namely :——-
II of 1960.
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;§:§‘3’§§dute‘; 59A. Any sum recoverable by the Authority under
an an arreat this Act, if not paid on demand, shall be recoverable
Onand reve‘ as an arrear of land revenue.”
nue.
fiflgfiffifinig ll. In section 73 of the principal Act,—
of Assam Act
II of 1960.
(l) for sub-section (1), the following shall be
substituted, namely:-
“(1) The State Government may, after previous
publication in the official Gazette, make rules for‘
carrying out the purposes of this Act.”;
(”‘3‘

133.
.(2) in subsection (2), the words “in consultation
With the Council” occuring between the words “State
Government” and “shall”, shall be deleted.
(3‘) after sub-section (2), the following shall be
inserted as sub-section (3), namely :—
“(3) All rules made under this section shall be laid
for not less than fourteen days before the Assam
Legislative Assembly as soon as possible, after they
are made and shall be subject to such modification
as the Legislative Assembly may make during the
session in which they are so laid or the session imme-
diately following.”
Amendment
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12. In section 74 of the principal Act, in sub¢sec~.
of Section 74
‘ - . .
of Auam Act tion]
(1) after clause
(v1):
the followmg shall be inserted
II of 1960.
as c ause (v11), namely .—-
“(vii) time and place and transaction of business
of the meetings of the Authority.”
13. Notwithstanding anything contained in the prin-
cipal Act and any rule made thereunder, any action
taken by any Authority constituted before the coming
into force of this Act shall be deemed to have been
validity taken as if the Authority was duly constituted
under the principal Act, as amended by this Act, and
no action of such Authority shall be called in question
in any Court on the ground of incompetency of the
Authority to act under the principal Act as amended
by this Act.
Validation.
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