The Assam Town and Country Planning (Amendment) Act,1985

Registered N F o . A-12
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The Assam Gazette
w n « m  
E X TRAO RD IN ARY
PUBLISHED BY AUTHORITY
54 3 ct, 1985, 13 1907 («r^)
No. 54 Dispur, Friday, 3rd May, 1985, 13th Vaisakha,
1907 (S. E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT :  LEGISLATIVE BRANCH
NOTIFICATIONS ■t
The 3rd May 1985
No.LGL.56/84/104.—The following Act of the Assam Legislative 
Assembly which received the assent of the President is hereby 
published for general information.

286 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 3, 1985
ASSAM ACT N o . VIII OF 1985
(Received the assent of the President on 1st May, 1985)
THE ASSAM TOWN AND COUNTRY PLANNING (AMENDMENT) 
ACT, 1985
An
Act
further to amend the Assam Town and Country Planning Act, 1959.
Preamble, Whereas it is expedient further to amend the Assam A s« a m  A ct 
Town and Country Planning Act, 1959 hereinafter called 11 of 19 6 0  
the principal Act, in the manner hereinafter appearing;
It is hereby enacted in the Thirty-sixth Year of the 
Republic of India, as follows :—
1 - (1) This Act may be called the Assam Town and 
com m ence- Country Planning (Amendment) Act, 1985.
ment. z
(2) It shall have the like extent as the principal Act.
(3) It shall be deemed to have come into force on the 
19th day of January, 1985.
Amendment 
of Section  
2 of Assam  
Act II of  
1960.
2. In the principal Act, in Section 2 —
(a) in sub-section (1), the full stop (.) at the end 6f 
the first sentence shall be deleted and thereafter, 
the following shall be added, nam ely:—
"or the Development Authority constituted under 
Section 8 of this Act.”
(b) after sub-section (16), the following new sub­
sections shall be added, nam ely:—
'(17) "Administrator’  means an officer appointed by 
the State Government as such under proviso to < >  •
sub-section (1) of Section 8A of this Act to per­
form the functions and exercise the powers of the 
Development Authority as provided under Sec­
tion 8A of this Act.
(18) 'Estate. Officer’  means a person appointed by the 
State Government as such to perform the func­
tions of the Estate Officer.
(19) T.ansferee” means a person including a firm or 
other body of individuals, whether incorporated 
or not to whom a site or building is transferred in 
any manner whatsoever and includes his successors 
and assigns.” .  ...
 
 
 
 
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 3, 1985 287
of”s-cticm 3 3- In the principal Act. in Section 3. in sub-section (I),
of A ssam  Active existing clauses (iv), (v) and (vi) shall be substituted 
II of i960, by the following, namely:—
"(iv) Secretary, P.W.D. ... Member.
(v) Secretary, Flood Control ' ... Member.-  - A
(vi) Secretary, Health and Family ' ... Member.”
Welfare Department.
.................................  ‘ ’w -
^frS e c t;™ n  8A  4. I* 1 the principal Act, in Section 8A, after sub-sec- 
°.f A s,aro Acction (1), the following proviso shall be added, namely:— 
II of 1960.
"Provided that if the State Government is of opinion 
that in the exigencies of public service it is necessary to 
do so it may, instead of constituting the Authority, appoint 
an Administrator to exercise all the powers of the Deve­
lopment Authority under this Act.
The Administrator so appointed shall be deemed to be 
the Development Authority constituted under this Act and 
shall hold office during the pleasure of the Governor.”
of Section1 I n  the principal Act, in Section 8B, in sub-sec- 
8B of Assam tion T) :—
Act II of
(a) in clause (c), the semi-colon (;) shall be deleted and 
thereafter the following shall be added, namely:—
"who shall be the Member-Secretary of the Autho­
rity.”
r'b) after clause (j), the following new clauses shall 
*  be inserted, namely :—
"(k) Director, Town and Country Planning Depart­
ment or "his nominee:  •
(1 ) Chief Engineer, P.W.D. (Roads and Buildings) 
or his nominee;
I
(m) Chief Public Health Engineer or his nominee ;
■  - 1 '  ■  z
(n) Local Member or Members of the Assam Legis­
lative Assembly covered by the Master Plan 
Area.”

288 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 3, 1985 
insertion of g j n  t h e principal Act, after Section 8G, the following
8 H * inCtl°n shall be inserted as Section 8H, nam ely:—
Assam Act II
of 1960.
“Delegation  
of power by  
Authority.
8H. The Authority may delegate all or any of its 
powers under this Act to any Officer, subject to such con­
ditions, if any, as may be specified by the Authority.”
Amendment  
of Section 13  
of Assa n Act 
II of- i960.
7. In the principal Act, in Section 13, in sub-section (1):—
(a) between the words "sub-divide any land” and "or 
set up any new structure”, the following words
4. shall be inserted, namely :— ■
"by transfer, by way of gift, sale, partition or any 
other manner the whole or any part of the land”.
(b) the full stop (.) at the end shall be deleted and 
thereafter the following shall be added, namely :—
"and on payment of such fees as may be prescribed 
by bye-laws framed by the Authority in this 
behalf.”
Insertion of  
new Sections  
30A and 30B m S
i n Assam  
Act II of  
1960.
8. In the principal Act, after Section 30, the follow- 
new Sections shall be added, namely:—
. ,C-'
* fPowy  30.A (1) Where any development in any area has been
menuCVe ^com m enced in contravention of the Master Plan or 
Development Scheme or without the permission, approval 
or sanction referred to in Section 29 or in contravention 
of any conditions subject to which such permission, 
approval or sanction has been granted, the Authority may, 
in addition to any prosecution -hat mav be instituted under 
this Act, make an order requiring the development to be 
discontinued on and from the date of the service of the 
order and such order shall be complied with accordingly..
(2) Where such development is not discontinued 
in compliance with the order under sub-section (1), the 
Authority may require any Police Officer not below the 
rank of Sub-Inspector of Police to remove the person by 
whom the development has been commenced including all 
his assistants and workmen from the place of development 
within such time as may be specified in the requisition, and 
such Police Officer shall comply with the requisition 
accordingly. v
 
 
 
 
 
 
 
 
 
I
THE ASSAM GAZETTE. EXTRAORDINARY, MAY 3, 1985 289
(3) After the requisition under sub-section (2) has 
been complied with.- the Authority may depute by a 
written order a Police Officer or an officer or an employee 
or the Authority to keep 
that the development is
a watch on the place to ensure 
not continued.
%
(4) The provisions of this Section shall be in addition 
to and not in derogation of, any other provisions relating 
to stoppage of building operations contained in any other 
law for the time being in force.
ofPower 
demolition 
of building.
SO B . (I) Where any development has been commenced 
or is being carried on or has been completed in contraven- 
' tion of the Master Plan or Development Scheme or with­
out the permission, approval or sanction referred to in 
Section 29 of this Act or in contravention of any conditions 
subject to which such permission, approval or sanction has 
been granted, the Authority may, in addition to any pro­
secution that mav be instituted under this Act make an 
order directing that such development shall be removed 
by demolition, filling or otherwise by the owner, occupier, 
manager or bv any person at whose instance the develop­
ment has been commenced or is being carried out or has 
been completed withih such period not being less than five 
days and more than thirty days from the date on which 
a copy of the order of removal with brief statement of the 
reasons thereof has been delivered to the owner, occupier 
and manager or the person at whose instance the develop­
ment has been commenced or is being carried out or has 
been completed as may be specified in the order and on 
his fadure to comply with the order, the Authority may 
remove or cause to be removed the development and the 
expenses of such removal shall be recovered from the 
owner, occupier, manager or any person at whose instance 
the development was commenced or was being carried out 
or was co; mleted as arrears of land revenue nrovided that 
no such order shall be made unless the owner, occupier, 
manager or the person concerned has been given a msona- 
ble opportunity to show cause why the order shall not be 
made. r ’
(2) The provisions of this Section shall be in addition 
to and not in derogation of any other provision relating to 
demolition of buildings contained in any other law for 
the time being in force.
(3) No compensation shall be claimed bv any person 
for nrjy Hamave which he may sustain in consequence of 
the removal of any development under this Section or the 
discontinuance of the d eve 1 oom ent ■  under Section 30A of 
tills Act.”

290 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 3, 1985
insertion of 9 j n  the principal Act, after Section 50, the following 
5oX,S 5 U B °n S n e w  S e c t io n s shall be inserted, namely: —  
and 50Gin
Assam Act
II of 1960.
“ Levy of 50A (1) For the purpose of providing and main- 
fees *  taining any amenity, the Development Authority may levy 
such fees as it may consider necessary which shall be in 
addition to any fee for the time being leviable under this 
Act or any other law in force, in respect of any site or 
building on the transferee or occupier thereof.
(2) Where any transferee or occupier makes any 
default in the payment of any fee levied under sub-sec­
tion (1), the Authority may direct that in addition to the 
amount of the arrears, a sum not exceeding that amount 
shall be recovered from the transferee or occupier, as the 
case may be, by way of penalty.
(3) In case of any default in payment of an amount 
payable under this Act the outstanding amount in default 
together with any sum, if any, directed to be paid by way 
of penalty under sub-section (2} may be recovered from 
the transferee or occupier as the case may be, in the same 
manner as arrear of land revenue.
R esum ption 50B. In case of non-payment of consideration money 
°f  ° r o r  a n y  instalment thereof on account of the transfer of 
u ' ' Illg ’ any site or building or any rent due in respect of the 
lease of any such site or building or in case of the breach 
of any other conditions of such transfer or breach of any 
rules made under the Act. the Authority may if it thinks 
fit, resume the site or building so transferred and may 
further forfeit the whole or any part of the money, if any, 
paid in respect thereof.
Audit of 50C. The accounts of the Authority shall be subject
ff C0An t
h°f  1° au £iit annually by the Accountant General, Assam. The 
rity. U  n i accounts of the Authority along with the Audit Report 
shall be placed before the State Legislature.”
Insertion of 10. In the principal Act, after Section 74, a new Sec- 
newSec tic n tion 75 shall be added, nam ely:—
75 in the
Assam Act.
II of 1960.
"Su persession  75 jf, at any time the State Government is satisfied 
Authority. l^ a t  Authority constituted under Section 8B of this 
Act is not competent to perform, or persistently makes 
default in the performances of the duties imposed on it 
bv or under this Act or any other law  or exceeds or 
abuses its powers it may by notification, stating reasons

I
THE ASSAM GAZETTE EXTRAORDINARY MAY 3 S 1985 291
declare the Authority to be superseded and on such super- 
session, the proviso to sub-section (1) of Section 8A of this 
Act shall apply.”
Repealand 11. (1) The Assam Town and Country Planning (Amend- Assam Or- 
bavm gs. ment) Ordinance, 1985 is hereby repealed. No/l^ot
1985.
(2) Notwithstanding such repeal any order passed, 
notification issued, anything done or any action taken under 
the principal Act, as amended by the said Ordinance shall 
be deemed to have been passed, issued, done or taken under 
the corresponding provisions of the principal Act, as 
amended by this Act.
MD. SAADULLAH, 
Secretary to the Govt, of Assam 
Legislative Department.
G A U H A TI— Printed and published by the Supdt. i/c., Assam Govt. Printing Press 
(Ex-Gazette) No 107-1,236—500—3-5-1985.

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