Overriding effect

Section 121 of the Guwahati Metropolitan Development Authority Act, 1985 deals with overriding effect. The provisions of this Act and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.

(1) The provisions of this Act and the rules and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.

(2) Notwithstanding anything contained in any other law- (a) When permission for development in respect of any land has been obtained under this Act such development shall not be deemed to be unlawfully undertaken or carried out by reason of only of the fact that permission, approval of sanction required under any other law for such development has not been obtained.

(b) When permission for such development has not been obtained under this Act such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained. Power of the 122.

(1) The State Government may, after pre- StateGovern-vious publication in the official Gazette make rules ment to make rules, for carrying out the purposes of this Act.

(2) In particulars and without prejudice to the generality of the foregoing powers, the THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 957 State Government shall have power to make rules in respect of the following matters- (i) The functions and powers that may be delegated to the Authority or to any officer of the Authority.

(ii) The qualifications and disqualifications for being chosen or and for being, member of the Authority.

(iii) The terms of office and conditions of service of the members of the Authority.

(iv) The matters in which and the purpose for which the Authority may associate with itself any person under the provisions of this Act.

(v) The control and restriction in relation to the appointment of officers and other employees of the Authority. ode (vi) The procedure to be adopted for securing co-operation of various Government Departments, the owners or other persons or bodies interested in schemes.

(vii) All matters pertaining to land acquisition including procedure and making of awards, compensation and the possession of land by the Authority in ordinary and emergent cases.

(viii) Calculation, assessment and payment of compensation in respect of property which is injuriously affected within the meaning assigned to it in Section 63 of this Act.

(ix) Creation and administration of Fund of the Authority for the purpose of implementing the provisions of this Act.

(x) The form of the budget of the Authority, the manner of preparing it and the date 958 THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV.14, 1987 on or before which it shall be prepared and to be submitted, to the State Government.

(xi) The procedure for the levy of development charges and exemption from it on any development or change of any use of any land.

(xii) The calculation assessment and collection of betterment contribution.

(xiii) The procedure of filing, hearing and deciding objections and appeals under this Act and all matters connected therewith.

(xiv) The manner of publication of the notification regarding scheme, their modifications, variations, revocation, submission and sanction by the State Government.

(xv) Any other matter which has to be or may be prescribed by rules.

(3) All rules made under this section shall be laid for not less than fifteen days before the Assam Legislative Assembly as soon as possible. after they are made and shall be subject to such modification as the Legislative Assembly may make during the session in which they are so laid or the session immediately following. Power of the 123.

(1) The Authority shall have power to Authority to make bye-laws in respect of the matter enumera- make bye- ted under this section and not inconsistent with laws. the rules made by the State Government.

(i) Land Subdivision and layout of public street.

(ii) Width for different classes of public streets according to the nature of traffic to be carried thercon. THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 959 (iii) Street lines and setting back of building from the regular line of the street.

(iv) Zoning Regulations prescribing the type or description of building which may or may not be erected in any prescribed area or areas.

(v) Regulations and display of advertisement in the interest of amenity, aesthetic or public safety.

(vi) Regulations in any manner or specifically provided for in this Act, the erection of any enclosure, wall, fence, tent or other structure or any land within the limits of the Authority.

(vii) Time and place and transaction of business of the meetings of the Authority and committees constituted under this Act.

(viii) The power and duties of the officers and employees of the Authority.

(ix) The salaries, allowances and conditions of services of its officers and employees.

(x) Any other matter which has to be or may be prescribed by rules.

(2) The power to make bye-laws under this Act shall be subject to the conditions of previous publication.

(3) The State Government may cancel their confirmation on any such bye-laws and thereupon the bve-law shall cease to have effect. Dissolutin of Guwahati Authority.

Section 121, The Guwahati Metropolitan Development Authority Act, 1985 (Act 20 of 1987).