No: 38 Dated: Oct, 30 2017

ASSAM STATE CAPITAL REGlON DEVELOPMENT AUTHORITY ACT, 2017

ASSAM ACT NO. XXXVIII OF 2017

    An Act to provide for the establishment of a Regional Development Authority tor the preparation of a Regional Plan for the development of the Assam State Capital Region and for purpose of co-ordinating and supervising the proper, orderly and rapid development of the areas in that Region and of executing plans, projects and schemes for such development, and to provide for matters connected therewith, or incidental thereto.

    Preamble. - Whereas it is expedient in the public interest to provide for the establishment of Regional Development Authority for the preparation of such a Regional Plan for the development of the Assam State Capital Region and purpose of co-ordinating and supervising the proper, orderly and rapid development of the areas in that Region and of executing plans, projects and schemes for such development, and to provide for matters connected therein or incidental thereto;

    It is hereby enacted in the sixty-eighth year of the Republic of India as follows:-

CHAPTER-1

Preliminary

1. Short title, extent and Commencement:-(1) This Act may be called the Assam State Capital Region Development Authority Act, 2017.

(2) It extends to the Assam State Capital Region area as specified in the schedule appended to this Act

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definition. - In this Act, unless the context otherwise requires,-

(a) Authority means the Assam State Capital Region Development Authority constituted under sub-section(l) of section 3;

(b) "amenity" includes roads, bridges, any other means of communication, transport supply of water and electricity, any other source of energy, street lighting drainage sewerage and conservancy, and any other convenience as the; State Government in consultation with Authority, may from time to time, by notification in the official Gazette, specify to be amenity for the purposes of this Act;

(c) "Assam State Capital Region" or "State Capital Region" means in the Schedule. The State Government may, from time to time by notification in the Official Gazette, amend that Schedule by adding thereto or deleting therefrom any area or areas specified in such notification; and thereupon any area or areas be the "State Capital Region":

Provided that, no such notification shall be issued by the state Government unless the draft of the same has been laid before the House of the State Legislature and has been approved by a resolution passed by the House in that behalf, and upon such approval, the notification may be issued and shall take effect in the form in which it is so approved.

(d) "Committee" means the Executive Committee constituted under sub-section (1) of section 4;

(e) "development" with its grammatical variations, means the carrying out of building engineering, mining or other operations in, or over, or under any land (including land under river, lake or any other water) or the making of any material change in any building of land, or in the use of any building or land and includes redevelopment and layout and Sub-divisions of any land and also the amenities and projects and schemes for development of industrial, agriculture horticulture, floriculture, forestry, dairy development, poultry farming, piggery, cattle breeding, fisheries and other similar activities and the words to develop shall be construed accordingly;

(f) "Development Scheme" means Plans defined under Assam Town and Country Planning Act, 1959 (amended)(Assam Act No. II of 1968) Guwahati Metropolitan Development Authority Act, 1985 (amended) and Guwahati Municipal Corporation Act, 1969 (amended) (Assam Act No. I of 1973).

(g) "Functional Plan" means a plan prepared to elaborate one or more elements of the Regional Plan;

(h) "Government" means the Government of Assam;

(i) "land" includes benefits arising out of land, and things attached to the earth, or permanently fastened to anything attached to the earth;

(j) "Master Plan" means Plans defined under Assam Town and Country Planning Act, 1959 (amended) (Assam Act No. II of 1968), Guwahati Metropolitan Development Authority Act, 1985 (amended) (Assam Act No. XX of 1987);

(k) "prescribed" means prescribed by rules made under this Act;

(l) "Project Plan" means a detailed plan prepared to implement one or more elements of the Regional Plan, Sub-Regional Plan, District Plan Functional Plan, Master Plan, Development scheme, as the case may be;

(m) "Regional Plan" means plan prepared under the provisions of the this Act for the development or redevelopment of (Assam State Capital Region) as defined in this Act, or for any part thereof and includes a draft or final Master Plan prepare for the said region or any Part thereof whether before or after the commencement of this Act which is for the time being in force;

(n) "Regulations" means regulations made by the Authority under this Act;

(o) "rule" means rule made under this Act;

(p) "Schedule" means the schedule appended to this Act,

(q) "Sub-Region" means such part of the State Capital Region as falls entirely within the limits of a particular development authority or local bodies; and

(r) "Sub-Region Plan" means a plan prepared for sub-region.