The Assam Development Authorities Act, 1964

The 31st December 1964 No.LJL.22/64/6 .- The following Act of the Assam Legislative Assembly which received the assent of the Governor, is hereby published for general information- (Received the assent of the Governor on the 29th December, 1964) ASSAM ACT No. XXXI OF 1964 alaº THE ASSAM DEVELOPMENT AUTHORITIES ACT, 1964 [Published in the Assam Gazette, Extraordinary, dated the 31st December, 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 Short title, 1.

(1) This Act may be called the Assam Develop- extent and ment Authorities Act, 1964. commencement. (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. Definitions. 2. 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 THE DEVELOPMENT AUTHORITY pode trent of the Authority. Establish- 3. (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. Composi- 4. The Authority shall be constituted under Chair- tion of the manship of Deputy Commissioner of the district and Authority. such number of officials and non-official members as may be prescribed.

Term Office, of 5. '(1) A member shall hold office for such period as 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 Authority. Meetings of the Authority 6. 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. Vacancy in 7. No act or proceedings of the Authority shall be the Authori- deemed to be invalid by reason only of the existence ty, etc., not to invalidate of any vacancy in the Authority or any defect in acts or pro- the appointment of a member thereof.

ceedings. ment Agencies. Appoint- 8. Subject to the provisions of this Act and the of 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 for which the Authority is established. CHAPTER III CONSTITUTION OF THE ADVISORY COUNCIL Cors itu- Advisory Council.[ tion of the 9. (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. Term of Office. 10. (1) A member shall hold office for such period as 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. Meeting of 11. The Advisory Council shall meet at such the Advisory times and places and shall observe such rules of Council. procedure in regard to the transaction of business at its meeting as may be determined by it from time to time.

e Code Vacancy in 12. No act or proceedings of the Advisory Council the Advisory shall be deemed to be invalid by reason only of the Council, etc., not to inva- 'existence of any vacancy in the Advisory Council or lidate acts any defect in the appointment of a member thereof. or proceedings. CHAPTER IV POWERS AND FUNCTIONS OF THE AUTHORITY Functions of 13. The functions of the Authority shall be any or the Autho. all of the following :- rity. (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 modern 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 matters as may be prescribed. General po- 14. The Authority empowered to perform functions wers of the under this Act or the rules made thereunder may, Authority from time to time, prepare such plans and schemes and undertake such prelin inary 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. CHAPTER FUNCTIONS OF THE ADVISORY COUNCIL Functions of 15. The functions of the Advisory Council shall the Advi- be :- sory Council, (a) to advise the Authority on matters referred to it for successful implementation of the plans and schemes of the Authority ;

(b) to secure the efficient discharge of the functions of the Authority ; (c) to do such other things as may be prescribed. CHAPTER VI FINANCE, ACCOUNTS AND AUDIT OF THE AUTHORITY Development Fund. 16. The receipts of the Authority under this Act shall form a separate development fund and any expenditure incurred by the Authority for carrying out the functions of the Authority under this Act or the rules made thereunder shall be defrayed out of such fund which shall be non-lapsable. No portion of the fund shall, except with the previous sanction of the State Government, be expended for purposes other than for carrying out the functions of the Authority under this Act or rules made thereunder. Grants, Ad- 17. The State Government may make such grants, vances and advances and loans to the Authority as it may deem necessary for the purpose of carrying out the functions of the Authority under this Act or any rule made thereunder.

Loans. Power to 18. For the purposes of borrowing money the Autho- borrow. rity under this Act shall be deemed to be a local Authority as defined in the local Authorities Loans Act, 1914 and any work executed by the Authority for exercising the functions under this Act or the rules framed thereunder shall be deemed to be a work which such local Authority is competent to carry out under that Act. Budget. 19. The Authority shall prepare, in such form and at such time each year as may be prescribed, a Budget in respect of the financial year next ensuing showing the estimated receipts and expenditure and copy thereof shall be forwarded to the State Government. Annual 20. The Authority shall prepare, in such form and report. at such time each year as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copy thereof shall be forwarded to the State Government.

Accounts 21. (1) The Authority shall cause to be maintained and Audit. such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed. (2) The accounts of the Authority shall be audited at such time and in such manner as may be prescribed, Central Act XI of 1914. CHAPTER VII MISCELLANEOUS Members 22. All members and officers of the Authority shall, and Officers when acting or purporting to act in pursuance of any of the of the provisions of this Act and the rules made Authority The Act to be pub- thereunder shall be deemed to be public servants No.45 of lic servants. within the meaning of Section 21 of the Indian Penal. 1860. Code, 1860. Protection of 23. No suit, prosecution or other legal proceedings action taken shall lie against any person in respect of anything in good faith, which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

Dissolution of the Au- 24. (1) When the State Government is of opinion thority and that an Authority is not competent to perform, or , persistently makes default in the performance of transfer of assets and its functions imposed on it by or under this Act, liabilities. or exceeds or abuses its powers, the State Government may, by notification in the Official Gazette, declare that the Authority shall be dissolved from such date as may be specified in this behalf in the notification ; and the Authority shall be deemed to have been dissolved accordingly. :(2) On the dissolution of the Authority by a notification under sub section (1), - (a) all properties, funds and dues which are vested in, or realisable by, the Authority shall vest in . and be realisable. by the State Government ; and yalisable by the Code (b) all liabilities which are enforceable against the Authority shall be enforceable only against the State Government.

make rules. Power to 25. (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of foregoing powers such rules may provide for all or any of the following matters, namely :- (a) the number of official and non-official members for the composition of the Authority ; (b) the term of membership of the Authority ; (c) the number of official and non-official members of the Advisory Council ; (d) the term of the membership of the Advisory Council ; (e) the functions of the Authority ; (f) the functions of the Advisory Council ; (g) the form in which, and the time within which, the budget and annual report of the Authority may be prepared and forwarded to the State Government ;

(h) the form and manner in which the accounts of the Authority may be maintained, and the time at which and the manner in which, such accounts may be audited ; (i) any other matter which has to be, or may be, prescribed (3) Every rule under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in Session for a total period of fourteen days which may be comprised in one Session or in two successive Sessions, and, if before the expiry of the Session in which it is so laid or the Session immediately following, the Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect, only in such modified form or be of no effect, as the case may be ;

so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Code Power to 26. The Authority may, with the previous approval make regula- of the State Government, by notification in the tion :. Official Gazette, make regulations, not inconsistent with this Act or the rules made thereunder. P. C. DAS, Jt. Secy to the Govt. of Assam, Law Deptt.