Assam Development Authorities Act, 1964
No: 31 Dated: Dec, 31 1964
THE ASSAM DEVELOPMENT AUTHORITIES ACT, 1964
ASSAM ACT No. XXXI OF 1964
An Act to provide for the constitution of authorities for the development of the local areas of the State of Assam
Preamble. - Whereas it is expedient to provide for the constitution of authorities for the development of the local areas of the State of Assam on sound principles of planning with the object of securing welfare of the people:
It is hereby enacted in the Fifteenth Year of the Republic of India as follows:
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Assam Development Authorities Act, 1964.
(2) It extends to the whole of the State of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "Authority" means the Local Area Development Authority constituted under Section 3;
(b) "Advisory Council" means the Local Area Advisory Council constituted under Section 9;
(c) "Local Area" means such area within a district of Assam as the State Government may, by notification in the official Gazette declare;
(d) "State Government" means the Government of Assam;
(e) "Prescribed" means prescribed by rules made under this Act.
CHAPTER II
Constitution of Development Authority
3. Establishment of the Authority. - (1) The State Government may, by notification in the official Gazette, establish for the purpose of this Act an authority to be called "The Local Area Development Authority" hereinafter referred to as the Authority with jurisdiction over such local area as may be specified in the notification.
(2) The authority shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of properties both movable and immovable and to enter into any agreement and shall by the said name sue and be sued.
4. Composition of the Authority. - The Authority shall be constituted under Chairmanship of the Deputy Commissioner of the district and such number of official and non-official members as may be prescribed.
5. Term of office. - (1) A member shall hold office for such period as may be prescribed in this behalf and shall, on expiry of the term of the office, be eligible for re-appointment.
(2) A member may resign his office by writing under his hand addressed to the State Government, and on the resignation being accepted by the State Government, he shall cease to be a member of the Authority.
6. Meeting of the Authority. - The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meeting as may be provided by regulations made under this Act.
7. Vacancy in the Authority, etc., not to invalidate acts of proceedings. - No acts or proceedings of the Authority shall be deemed to be invalid by reason only of the existence of any vacancy in the Authority or any defect in the appointment of a member thereof.
8. Appointment of Agencies. - Subject to the provisions of this Act and the rules made thereunder, the State Government may, from time to time, appoint one or more Agencies for the purpose of securing the efficient discharge of the functions of an Authority, and in particular for the purpose of securing that those functions are exercised with due regard to the circumstances and requirements of particular local area or which the Authority is established.
CHAPTER III
Constitution of the Advisory Council
9. Constitution of the Advisory Council. - (1) The State Government may, by notification in the official Gazette constitute an Advisory Council to be called "The...... Local Area Advisory Council" hereinafter referred to as Advisory Council with jurisdiction over such local area with respect to which an Authority under Section 3 has been established.
(2) The Advisory Council shall consist of such number of official and non-official members as may be prescribed including the Chairman of the Authority who shall also be the Chairman of the Advisory Council.
10. Term of office. - (1) A member shall hold office for such period may be prescribed in this behalf and shall, on expiry of the term of his office, be eligible for re-appointment.
(2) A member may resign his office by writing under his hand addressed to the State Government and on the resignation being accepted by the State Government, he shall cease to be a member of the Advisory Council.
11. Meeting of the Advisory Council. - The Advisory Council shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meeting as may be determined by it from time to time.
12. Vacancy in the Advisory Council, etc., not to invalidate acts or proceedings. - No act or proceedings of the Advisory Council shall be deemed to be invalid by reason only of the existence of any vacancy in the Advisory Council or any defect in the appointment of a member thereof.
CHAPTER IV
Powers and Functions of the Authority
13. Functions of the Authority. - The functions of the Authority shall be any or all of the following:
(a) to promote and operate schemes for expansion of education;
(b) to promote and operate schemes for facility of travel and transportation of goods;
(c) to promote and operate schemes for harnessing natural resources and forest wealth;
(d) to promote and operate schemes for expansion of agriculture through modem improved technique;
(e) to promote and operate schemes for expansion of veterinary and conservation of soil;
(f) to promote and operate schemes for the setting up of industries and generation of power; and
(g) to promote and operate schemes for such other matter as may be prescribed.
14. General powers of the Authority. - The Authority empowered to perform the functions under this Act or the rules made thereunder may, from time to time, prepare such plans and schemes and undertake such preliminary investigation or other measures or do such other things as it may deem necessary not inconsistent with its functions for the purpose of developing the area within its jurisdiction.