Guwahati Metropolitan Development Authority (Amendment) Act, 1989
No: 21 Dated: Dec, 13 1989
THE GUWAHATI METROPOLITAN DEVELOPMENT AUTHORITY (AMENDMENT) ACT, 1989
ASSAM ACT NO. XXI OF 1989
An Act to amend the Guwahati Metropolitan Development Authority Act, 1985 (Assam Act No. XX of 1987).
Whereas it is necessary to amend the Guwahati Metropolitan Development Authority Act, 1985 (Assam Act No,XX of 1987), hereinafter called the principal Act;
And whereas the previous instructions of the President have been obtained;
It is hereby enacted in the Fortieth Year of the Republic of India as follows, namely
1. Short title, extent and commencement:- (1) This Act may be called the Guwahati Metropolitan Development Authority (Amendment) Act, 1989.
(2) It shall have the like extent as the principal Act.
(3) It shall be deemed to have come into force on the 14th day of November, 1987.
2. Amendment of Section 2:- In the principal Act, in section 2, in sub-section (9), for the words and figures "Indian Factories Act of 1934”, the words with a come and figures "Factories Act, 1984”, shall be substituted,
3. Amendment of Section 23:- In the Principal Act, in section 23, the words "or the Central Government’’ shall be deleted.
4. Amendment of Section 24:- In the principal Act, in section 24, in the proviso,
(a) in clause (ii) and (iii), the words "the Central or* shall be deleted.
(b) the fullstop appearing at the end of clause (v) to the proviso shall be substituted by a semicola and thereafter a new clause (vi) shall be inserted, namely-
"(vi) for operational construction.”
5. Amendment of Section 25:- In the principal Act, in section 25,
(a) in sub-section (I), the words "the Central or” shall be deleted;
(b) the proviso to sub-section (5) shall be deleted;
(c) after sub-section (7), a new sub-section namely, sub-section '(8)’ shall be inserted and thereafter the existing sub-sections (8) and (9) shall be renumbered as sub-sections "9” and ’TO” respectively
"(8) In case or department of the State Government or any Local Authority (where the local authority is not also the Development Authority) intending to carry out any development other than operational constructions (which shall always be outside the purview of the Development Authority) on any land, the concerned department or authority, as the case may be, shall notify in writing to the Development Authority of its intention to do so, giving full particulars thereof and accompanied by such ■documents and plans, as may be prescribed or directed by the State Government from time to time, at least one month prior to the undertaking of such development.”
(d) in sub-section (8) as amended by this Act, the words "the Central or the” shall be deleted.
(e) sub-section (9) as amended by this Act, shall Be substituted by the following:-
"(9) Where the Authority, upon receipt of a notice under sub-section (8), raises any objection in respect of the proposed development either to any Master Plan under section 21 (1) or to any of the building bye-laws in force at the time or due to any other material consideration under sub-section (10), the department or the local authority, as the case may be shall-—
(i) either make necessary modifications in the proposals for development to meet the objections;
(ii) submit the proposals for development together with the objections raised by the Authority to the State Government for decision. When proposals and objections have been submitted, no development shall be undertaken until the State Government has finally decided on the matter”,