The Assam Development Authorities Act, 1964

The 31st D ecem ber 1964
No.LJL .22/64/6.— Th e following Act of the Assam Legislative Assembly 
which received the assent of the Governor, is hereby published for gen eral 
inform atio n—
(R ec eive d the ss en t o f th e Go vernor on th e 29th Dec em be r, 1964)  
ASSAM ACT No. XX XI  OF 1964
TH E ASSAM DE VE LO PM EN T AUTHORIT IE S ACT, 1964
[Published in the Assam Gaz ette, Extraord ina ry, dated the 31st 
Decem ber , 1964]
An
Ac t
to provide fo r  the constitution o f  auth orities fo r  the development o f  the local areas  
o f the St at e o f Assam
Preamble. Whereas it is expedient to provide for the con stitu­
tion of auth orities for the deve lopm ent of the  local 
area s of the  Sta te of Assam on sound prin ciples of 
planning  with  the object of securing welfare of the 
pe op le ;
It  is here by enac ted in the Fifteenth Year  of the  
Repub lic of Ind ia as follows : • —
CHA PTER I  
PRELIMIN ARY
Short title, i. (l)  This Act may be called the Assam Develop- 
ext ent  ar.d m e n t  Autho rities Act, 1964. comm ence- 7
ment.

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(2) It  extends to the whole cf the State of 
Assam.
(3) It  shall come into force on such date as the  
State Governm ent may, by notification in the official 
Gazett e, appoint.
D ef in iti on s*  2, In  this Act, unless there is anything rep ugnan t in 
the subject o r co nt ex t:—
(a) “A uth ority ” means the  Local Area Deve­
lopmen t Aut hor ity constituted und er 
Sectio n 3 ;
( Z > )  “ Advisory Cou ncil” means the Local 
Area Advisory Council constitu ted under  
Sectio n 9 ;
(c) “ Local Ar ea” means such area wit hin a 
dist rict of Assam as the Sta te Governm ent 
may, by notification in the  official Gazette, 
declare ;
(< /)  “ State  Go ver nment” means the  Gove rn­
men t of Assam ;
(«)  “Prescribed”  means prescribed by rules 
mad e under  this Act.
CHAPTER II
CONST IT UTI ON OF TH E DE VE LO PM EN T 
AU TH OR IT Y
Estab lish- 3. (j)  Th e State Governm ent may, by notification 
ACth °r 'tvflC i n  the official Gazette, establish for the  p u rp se  of
y< this Act, an Authority to be called “ Th e ...............
Local Area Dev elopme nt Au tho rity ” here inaf ter y
referred  to as the  Autho rity  with jurisdiction over
such local are a as m ay be specified in t he  notification.
(2) Th e Authority shall be a body corpor ate having 
perpe tua l succession and  a comm on seal with power 
to acq uire, hold and  dispose of prop ertie s bot h 
mo vab le and imm ovab le an d to enter into any agree­
me nt and shall by the  said nam e sue and be sued.
Composi- 4. Th e Authority shall be constitu ted under Chair-  
tio n of  th e mansh ip of  De puty Commissioner of th e dis 'ric t and  
A ut ho rity . s u c j1 n t l m ije r  o f officials a nd non-official members as
may be pres cribed.
Term ot 5. (i)  A m emb er shall hold office for such period 
ff ic c‘  as ma y be prescribed in this behalf and shall, on 
expiry of the ter m of his office, be eligible for re­
app oin tment .
(2) A m ember  may resign his office  by writing 
under  his h an d addressed to the  State Governm ent, 
an d on the resig nation being accepted by the  State 
Government, he shall cease to be a member of the 
Auth ority .

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Meetings cf g. The Auth ority shall mee t at such times and 
tv
C A u th o ri ' places  and  shall observe such rules of procedure in 
reg ard  to  the  transa ction o f business at  its meeting as 
may be provided  by regulatio ns made un de r this
Act.
Vacancy in 7. No act o r proceedings of the  Au tho iity shall be 
tv' etc ^not deemed  to be inva lid by reason only of the existence 
to’invalidat e ° f  a n Y  vac ancy in the Autho rity  or any defect in 
acts or pro- the appointme nt of a mem ber thereof.
ceedings.
App oint- 8. Sub ject to the provisions of  this Act a nd the 
ment of rules mad e the reu nd er,  the State  Gover nment may, 
Agencies. fr o m  time to tim e appoint one or mo re Agencies 
for the purp ose of securing the  efficient discharg e 
of  the functions of an Autho rity , and  in par ticula r 
for the purpose of securing th at  those functions are  
exercised with due reg ard  to the  circumstances and 
requirements of  particular  local area lor which the
Autho rity  is established.
CH AP TE R II I
CO NST IT UTI ON OF  T HE AD VIS OR Y CO UN CI L
X
tio nV /th e 9* U)  Th e State Gover nm ert may, by notification 
A Ivisory * n  Official Ga zet te, constitu te an Advisory
Gc unciL f Council to be called “ Th e.... ..L oc al  Area Advisory
Cou ncil” her einafte r referred to as Advisory Council 
wit h jurisdiction over such local area  wit h resp ect 
to which an Authority under  Section 3 has been 
established.
(2) Th e Advisory’  Council shall consist o f such 
num ber of official and  non-official members as may 
be prescribed incl udin g the Ch airma n of th e Authority 
who shall also be the  Chairma n of the  Advisory 
Council.
Term of 10 . (1) A mem ber shall hold office for such
Office. period as m ay be prescribe d in this behalf an d shall, 
on expiry of the term  of his office, be eligible for
re-appo intm ent.
(2) A mem ber may resign his office  by 
writing under his ha nd  addressed to the  State  
Governme nt and on the  resig nation being accepted 
by the  Sta te Governm ent, he shall cease to be a  
member of the  Advisory Counc il.
Meeting of 11. Th e Advisory Council shall meet at  such 
the Advisory times and places  and shall observe such rules of 
ounci. pro ced ure  in regard  to the tran saction  o f business at 
its mee ting  as may be d eter min ed by it from  time to
time.

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Ya ^ Cy m  ’2’ No act or proceedings of t he Advisory Council 
C  o unciV'etc be deem ed to be invalid by reason only o f the
no t to in va-’ existence of anyta cancy in  the Advisory Co un ci lo r 
lidate  acts any defect in the appointme nt of a  membe r thereof, 
or  proceed.
ings.
CHAPTER IV
POWE RS AND Ft NO TIO NS  OF T HE  
AU TH ORI TY
Fu nctio ns of I s -  Th e functions of the Authority  shall be any or
the Autho- all  ot the following :—
tfty.
(a ) to promote and operate schemes for ex­
pansion cl education ;
(b) to prom ote and  o per ate  schemes for facility 
of travel and  transportation of goods ;
(c) to pro mote and ope rate  schemes for harn es­
sing natur al resources and  forest wea lth ;
(d) to promote an d ope rate  schemes for ex­
pans ion of agr icultur e thr ough mod ern 
Improved tech nique ;
(e) to pro mo te and op era te schemes for ex­
pansion of ve terinary an d conserv ation of 
soil ;
(f) to promot e an d ope rate  schemes for the
setting up of industries an d gen eration of 
power ; and
(g) to promote and operate  schemes for such 
oth er ma tteis as may be prescribed.
Gen eral po- 14. Th e Auth ority  empowered to perform functions
wers of the u nder this A ct  or the rules made the reu nder may, -
Author ity from time  to time, prepar e such pla ns and schemes
and  und erta ke such prel iminary  investigation or e the r 
measures or do such oth er things as it may  deem 
necessary not inconsistent wit h its lunctions lor the 
purpose of developing the  area within its jurisdictio n.
CHAPTER V
FUNCTIONS OF THE ADVISORY COUNCIL
Functions of 15. The functions of the  Advisory  Council shall
the  Advi- b e  .__
so ry Council,
(a) to advise the  Authority on matter s referred 
to it for successful imp lem entatio n of the  
plans and schemes of the Autho rity  j
(b) to secure the  efficient disch arge of the 
functions of the Aut hor ity ;
(c) to do such other things as may be pres­
cribed.

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CHAPTER VI
FIN AN CE , AC CO UN TS  AND AU 91T OF  THE 
AUTH ORI TY
De velop me nt r e c e’Pts  °f  the Au tho rity  un de r this Act
Fund.  shall form a sep ara te develop men t fund and  any 
expe nditu re incurred by the  Aut hor ity for carrying 
out the functions of t he Autho rity  under this Act or 
the rules made the reu nder shall be defr ayed out of 
such fund whic h shall be non -lap sable. No portion 
of the fund shall, except with the  prev ious  sanctio n of 
the State  Government, be expended for purposes 
other tha n for carry ing  out th e functions of the
Aut hor ity under  this Act or rules ma de there un der.
Gra nts,  Ad- 17. Th e Sta te Gov ernm ent may  make such gran ts, 
vanccs end advan ces and  loans to the  Aut hor ity as it may  deem  
Loans. necessary for the purpose of carrying out the  functions 
of the Authority und er this Act or any rule made  there­
under.
P c w t  r to 18. For th e purposes of bo rrow ing money t he  A utho- 
borrow . rity under this Act shall be deemed to be a local
Authority as den ned in the  local Authorities Loans Act, 
1914  and  any work executed by the Auth ority for 
exercising the functions unde r this Act or the rules 
fram ed thereunder shall be deemed to be a work which 
such local Autho rity  is c omp eten t to carry out under 
th at  Act.
Budget. 19. The Autho rity  shall pre par e, in such form and  
at  such time each year as may be prescribe d, a Budget 
in respect of the financial year nex t ensuing showing 
the  estimated receip ts and exp enditure and copy the re­
of  shall be forwarde d *o the  State Governm ent,
Ce n  t  r  a l 
Act  X l o f 
1914.
A n n u a l 20. Th e Authority shall prepare, in such form  and 
r e p o r t ,  at such time  each year as may  be prescribed, an 
annual rep ort giving a tru e and full account of its acti­
vities du rin g the  previous year and  copy the reo f shall
be forw arde d to th e Sta te Governm ent.
Accou n ts  21. (1) Th e Authority  shall cause to be m ain tained  
and Au dit, such books of account and oth er books in relatio n to 
its accounts in such form and in such ma nner as
may be prescribed.
(2) Th e accounts of the Authority shall be 
aud ited at  such time and  in such manne r as may be 
prescribe d,

CH AP TE R VH
MISCELLANEOUS
Mem b e r s 22. All mem bers and  officers o f the Au tho rity  shall, 
and  Officers when acting or purpo rtin g to act in pursuan ce of any 
Au tho rity6  t ^l e  P r o v »s i° n s  ° f  this Act and  the rules made 
to be pub- the reu nder shall be deem ed to be public servants i
N®3  Q
c
t 
lie servants, within the mea ning  of Sectio n 21  of th e Ind ian  Pen al i86 0.
Code , I860.
Protection of 23. No suit, prosecut ion or oth er legal proceedings 
act ion  take n shall lie aga inst any person in resp ect of anythin g 
in good faith. w hich is in good faith done or intend ed to be 
done in pur suance of this Act or the  rules made
ther eun der.
Dissolution 
of the Au­
thority  and 
transfer of 
assets and 
liabilities.
24. (1) When the  Sta te Governme nt is of opinion 
th at an Au tho rity  is not com petent to perform, or 
persistently makes defau lt in the performance of 
its functions imposed on it by or un de r this Act, 
or exceeds or abuses its powers, the Sta te Gover n­
ment may, by notification in the  Official Gaz ette , 
declare that the Authority shall be dissolved from 
such date as may be specified in this beh alf in 
the  notification ; an d the Authority  shall be deemed 
to have  been  dissolved acco rding ly.
(2) On  the  dissolution of the Authority by a 
notif ication under sub-section (1 ), —
(a) all properties, funds and  dues whi ch are 
vested in, or realisable by, the Au tho rity  
shall vest in and be realisable by the 
Sta te Governmen t ; and
( Z > )  all liabilities which are  enforceable again st 
the  Aut hor ity shall be enforceable only 
against the  Sta te Government.
A
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Power to 25 . (1) Th e State Governmen t may , by notification 
mak e rules. j n  the  Official Gazette, and  subject  to the  cond ition  of 
previous pub lica tion , make rules for carrying out the
purposes of this Act.
(2) In  particular  and wit hou t prejudice to the 
gene rality of foregoing powers such rules may provide 
for all or any of the  following matters, na m el y:—
(a) the  num ber  of official and  non-official 
mem bers for the composition of the 
Auth ority ;
{b ) the term  o f membership of the Auth ority  j

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(c)  the  numb er of official and non-official 
members of the Advisory Council ;
W) the term of the  m embership o f the  Advisory 
Council ;
(e) the functions of the  Authorit y 5
( f ) the func tions of th e Advisory Council ;
(g) the form  in which, an d the  tim e with in 
which, the bud get and annual rep ort of 
the Authority may be pre par ed and for­
warde d to the  Sta te Go vernme nt;
(A ) the form  and manner in which the  accounts 
of the Authority  may  be maintain ed,  and 
the  time  at  whic h and the ma nner in 
which , such acco unts  m ay be audit ed ;
(j) any oth er ma tter which  has to be, or may 
be, prescribed
(3) Every rule  under  this section shall b e laid as 
soon as may be afte r it is m ade, before the  Assam 
Legislative Assembly while it is in Session for a tota l 
period of fourteen days whic h may be comp rised in 
one Session or in two successive Sessions, an d, if before 
the exp iry of the  Session in whic h it is so laid or the 
Session im med iately following, the Assam Legislative 
Assembly agree in making any modification in the rule 
or the Assam Legislative Assembly agree th at  the rule 
should  no t be made, the  rule shall the rea fter have 
x  eff ect , only in such modified form or be of no effect, as
the case may be ; so, however, th at any such modifi­
cation  or annulm ent  shall be withou t pre jud ice to the
validity  of anythi ng previously done u nder that rule.
26. Th e Authority may , with the  previous approva l 
ma ke reg ula - of the  State Gov ernm ent, by notifica tion in the 
tion j. Official Gazette, mak e regulation s, not inconsiste nt
with this Act or the  rules made the reu nder.
P. C. DAS,
ft. Secy to  the Govt, of Assam, Law  Deptt

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