[THE
ASSAM TOWN AND COUNTRY PLANNING (MANAGEMENT OF AUTHORITY) RULES, 1963][1] In exercise of the powers conferred by Section 73
of the Assam Town and Country Planning Act, 1959, (Assam Act II of 1960) and in
supersession of the Assam Town and Country Planning (Constitution of Authority)
Rules, 1961, the Governor of Assam in consultation with the Advisory Council is
pleased to make the following rules for the functioning and management of the
authority that may be declared or constituted under Section 8A(1) and 8B(1) of
the Assam Town and Country Planning (Amendment) Act, "1962, (Assam Act
XXXII of 1962) namely These
rules shall be called the Assam Town and Country Planning (Management of
Authority), Rules, 1963. They
shall come into force at once. In
these rules, unless there is anything repugnant in the subject or context [2][(1)
"Municipality" means the Municipality constituted under the Assam
Municipal Act, 1956 within the area concerned; (2) "Land" has the same meaning as
in clause (a) of Section 3 of the Land Acquisition Act, 1894 (Central Act I of
1894); (3) "Secretary to the Authority"
mean the person for the time being appointed as such by the Authority; (4) "Member" means a member of the
Authority; (5) All words and expressions not defined in
these rules shall have the meanings respectively assigned to them by the Assam
Town and Country Planning Act, 1959 or Assam Municipal Act, 1956.] The
Chairman of the Authority to be appointed by Government under Section 8-B (1)
(a) of the Act, may be a whole-time officer of the Authority and shall not hold
any other salaried officer. The
Chairman shall be paid such salary and allowances as may be fixed by the State
Government. [(1) The
State Government may grant leave of absence for such period as admissible under
Fundamental Rules and Subsidiary Rules.][3]
(2) The
allowances, if any, to be paid to the Chairman where such Chairman is a
whole-time officer of the Authority while absent on leave shall be such amount,
not exceeding his salary, as may be fixed by the State Government: Provided
that, if the Chairman is a servant of the State Government, the amount of the
allowances shall be such as he may be entitled to under the conditions of his
service under the State Government relating to transfer to foreign service. (1) When the Chairman is
granted leave of absence, the State Government may appoint may a person to act
as Chairman. (2) Where any person so
appointed is a whole-time officer of the Authority, he (a) shall be paid such
salary and allowances as may be fixed by the State Government; and (b) shall exercise the
powers conferred and perform the duties imposed, by or under these rules on the
Chairman, and shall be subject to the same liabilities, restrictions and
conditions as the Chairman, where such Chairman is a whole-time officer of the
Authority. (1) The
term of office of the first members including the Chairman and the ex-officio
members shall commence on such day as may be appointed by the State Government. [(2) The term of office of the Chairman and
non-official members, excluding ex-officio members shall be as follows (a) The Chairman - Not
exceeding 5 years, from the date of his appointment by the State Government; (b) Non- official Members
- Not exceeding 5 years, from the date of their appointment by the State
Government.][4] The
Authority may permit any member other than Chairman or an ex-officio member, to
absent himself from meetings of the Authority for any period not exceeding four
consecutive months at any one time within a year. [(1) The Authority may associate with itself
any person as co-opted member for a period of three years whose assistance or
advice it may consider necessary in carrying out its duties and functions as
may be decided by the Authority in its meeting by passing a resolution for such
co-option.][5] (2) The
person so associated shall not be deemed to be a member of the Authority and
shall have no right to vote at any meeting thereof, but he may take part in the
discussions of the Authority relating to the purpose or purposes for which he
was associated with the Authority. Draft rule (1) The Authority shall
meet, and shall from time to time make such arrangements with respect to the
place, day, hour, notice, management and adjournment of its meetings as it may
think fit, subject to the following provisions, namely (a) an ordinary meeting
shall be held at least once in every month; (b) the Chairman may
whenever he thinks fit, and shall, upon the written request of not less than
two other members, call a meeting; (c) the Chairman shall
attend every meeting of the Authority unless he is absent on leave or prevented
by sickness or other reasonable cause; (d) no business shall be
transacted at any meeting of the Authority unless there be present at that
meeting at least five members : Provided
that if at the time appointed for a meeting or within half an hour thereafter,
a quorum is not present, the meeting shall stand adjourned to some future day
to be appointed by the Chairman or in his absence by the member chosen by the
meeting to preside and three days notice of such adjourned meeting shall be
given. The members present at such adjourned meeting shall form a quorum; (e) every meeting shall
be presided over by the Chairman and in his absence by a member chosen by the
members present to preside for the occasion; (f) every matter coming
before the Authority shall be decided by a majority of votes of the members
present and voting and in cases of equality of votes, the person presiding
shall have and exercise a second or casting vote; (g) if a division be
demanded on any question at a meeting the names of the members voting and the
nature of their votes, shall be recorded by the person presiding; (h) minutes of the
proceedings at each meeting (together with the names of the members present)
shall be recorded in a book to be provided for the purpose, and such minutes
shall be read at the next meeting and signed by the person presiding at such
meeting and the minutes book shall be open to inspection by any member during
Office hours. (2) No member shall be
entitled to object to the minutes of any meeting unless he was present at the meeting
to which they relate."][6]
(1) The Authority may,
from time to time, with a view to give effect to the purposes of these rules
and other rules under the Act, appoint one or more committees consisting of
such of the following classes as it may think fit, namely (i) Members of Authority; (ii) Persons associated
with the Authority; (iii) Other persons whose
assistance or advice the Authority may desire as members of such Committees : Provided
that no Committee shall consist of less than three and more than seven persons. (2) The Authority may (a) refer to such
Committee, for inquiry and report, any matter relating to any of the purposes
of these rules, and other rules under the Act; (b) delegate to such
Committee, by specific resolution and subject to any rules made in this behalf,
any of the powers or duties of the Authority relating to the subject-matter for
which the Committee has been appointed. (3) The Authority may, at
any time, for reasons to be recorded in writing, dissolve, or subject to the
provisions of sub-rule (1), after the constitution of any such Committee. (4) Every Committee shall
carry out any instruction given to it by the Authority and every final decision
of such Committee shall, subject to any rule to the contrary, be laid before
the Authority for such confirmation. (1) A Committee appointed
under Rule 11 may meet and adjourn as it thinks proper; but the Chairman may,
whenever he thinks fit, and shall, upon the written request of not less than
two members thereof, call a special meeting of such Committee. (2) Every meeting of a
Committee shall be presided over by the Chairman if he is a member of the
Committee, and if he is not a member or is absent from the meeting, the members
present shall elect a person from amongst themselves to preside. (3) No business shall be
transacted at any meeting of the Committee unless there be present at least
one-half of the number of the members constitution the Committee. (4) Every matter at a
meeting of a Committee shall be decided by a majority of the votes of the
members present and voting, the person presiding having a second or casting
vote in all cases of equality of votes. (1) Subject to sub-rule
(3), no member (other than the Chairman), and no person associated with the
authority under Rule 10 shall be paid from the funds of the Authority any fee
or other remuneration for attending any meeting of the Authority or of a
Committee appointed under Rule 12. (2) Subject to sub-rule
(3), no person appointed as a member of Committee under clause (iii) of
sub-rule (1) of Rule 11, shall receive or be paid from the funds of the
Authority any fee or other remuneration for attending any meeting of such
Committee. (3) All members or any
person associated with the Authority under Rule 10 or any person appointed as a
member of a Committee under clause (iii) of sub-rule (1) of Rule 11 may,
subject to the prescribed conditions and restrictions for undertaking any
journey in connection with any of the affairs of the Authority or of any
Committee, as the case may be, be paid travelling and other allowances for
attending any meeting of such Authority or Committee at such rates as may be
fixed by the Authority with the approval of the State Government. If
any member or any person associated with the Authority under Rule 10 or any
other member of a Committee appointed under Rule 11, has directly or
indirectly, any beneficial interest in any land situated in any area comprised
in any improvement scheme to be taken up under these rules or in any area in
which it is proposed to acquire land for any of the purposes of these rules (i) he shall, before
taking part in any proceeding at a meeting of the Authority or any Committee
relating to such area, inform the person presiding at the meeting of the nature
of such interest; (ii) he shall not vote at
any meeting of the Authority or the said Committee upon any resolution or
question relating to such land; and (iii) he shall not, if so
directed by the person presiding, take any part in any proceeding at a meeting
of the Authority or the said Committee relating to such area. (1) The Chairman shall
forward to the State Government and to the Commissioner of Division concerned
copies of the minutes of the proceedings of each meeting of the Authority
within ten days from the date on which the minutes are signed. (2) The Chairman shall,
if so directed by the State Government, forward to it a copy of all papers
which were laid before the authority for consideration at any meeting. (3) The State Government
may require the Chairman to furnish it with- (a) any return,
statement, estimate, statistics or other information regarding any matter under
the control of the Authority; or (b) a report on any such
matter; or (c) a copy of any
document in the charge of the Chairman. CHAPTER – II OFFICERS AND
SERVANTS OF THE AUTHORITY The
State Government may appoint one suitable person as the Secretary of the
Authority who shall exercise the following powers and perform such duties as
mentioned below and in addition to other functions as may be delegated to him
by the Chairman (1) To deal with all
establishment matters relating to appointment, discipline, service records and
supervision of the work of General Branch; (2) To do the Secretariat
works in connection with the meeting of the Development Authority; (3) To keep in his safe
custody the common seal of the Authority and all valuable documents,
confidential papers and property, books of the Authority including deeds,
securities, agreements, etc., excepting all books of accounts and cash in
hand.][7]
The
power of appointing and promoting officers and servants of the Authority and
reducing suspending or dismissing them for misconduct and dispensing with their
services for any reason other than misconduct, shall be vested with (a) in the case of
officers and servants whose monthly salary does not exceed two hundred
rupees-the Chairman; (b) in the case of
officers and servants whose monthly salary exceeds two hundred rupees but does
not exceed five hundred rupees-the Chairman with the approval of the Authority; (c) in the case of
officers and servants whose monthly salary exceeds five hundred rupees-the
Authority with the previous sanction of the State Government: Provided
that any officer or servant of the State Government or a local body whose
services have been lent to the Authority shall not be punished except by an
Authority which would have been competent to do so, if his services had not
been so lent and the Chairman or the Authority, as the case may be, shall be
entitled only to make a recommendation in that behalf to such Authority. The
Chairman shall exercise supervision and control over the acts and proceedings
of all officers and servants of the Authority and subject to the foregoing
rules, shall dispose of all questions relating to the service of the said
officers and servants, and their salaries, allowances and privileges. The
Authority shall, with the previous sanction of the State Government, make rules (a) fixing the amount
nature of the security to be furnished by any officer or servant of the
Authority from it may be deemed expedient to require security; (b) for regulating the
grant of leave of absence, leave allowances and acting allowances to the
officers and servants of the Authority: Provided
that a servant of the Government employed as an officer or servant of the
Authority shall not be entitled to leave or leave allowances otherwise than as
may be laid down in the conditions of his service under the Government relating
to transfer to foreign service; (c) for establishing and
maintaining a provident fund for compelling all or any of the officers or
servants of the Authority in order to tender financial benefit to them in their
old ages; (d) for determining the
conditions under which the officers and servants of the authority or any of
them shall on retirements receive gratuities or compassionate allowances and
the amount of such gratuities and compassionate allowances : Provided
that it shall be at the discretion of the Authority to determine whether all
such officers and servants or any of them and if so, which of them shall become
entitled on retirement to any such gratuities or compassionate allowances as
aforesaid. (1) The Chairman may, by
general or special order in writing, delegate to any officer of the Authority
any of the Chairman's powers, duties or functions under these rules except
those conferred or imposed upon or vested in him by Rules 13 and 17. (2) The exercise or
discharge by any officer of any powers, duties or functions delegated to him
under sub-rule (1) shall be subject to such retrictions, conditions and
limitations as may be laid down by the Chairman, and shall also be subject to
his control and revision. (1) An appeal shall lie
from an order of punishment other than an order of censure or fine to the
Authority next higher to the Authority that passed the order, and in the case
of original orders passed by the Authority to the Appellate Authority as may be
appointed under the provisions of the Assam Town and Country Planning Act,
1959: Provided
that, if the Appellate Authority enhances the punishment, an appeal shall lie
to the next higher authority against such order : Provided
also that in all cases the order of State Government shall be final. (2) For the purpose of
this rule, an order of suspension only not be deemed to be an order of
punishment. (3) The State Government
may set aside any resolution of the Authority or any order of the Chairman of
the Authority if in the opinion of the State Government the resolution or order
is in excess of the power conferred by law. (1) The Authority shall
from time to time prepare and shall maintain a statement showing (a) the number,
designation and grades of the officers and servants (other than employees who
are paid on daily basis or whose pay is charged to temporary work) whom it
considers necessary and proper to employ; (b) the amount and nature
of the salary, fees and allowances to be paid to each such officer and servant. (2) Any posts, the
monthly or the maximum monthly salary of which exceeds three hundred rupees are
subject to the previous sanction of the State Government. Notwithstanding
the supersession of the Assam Town and Country Planning (Constitution of
Authority) Rules, 1961, anything done or any action taken in exercise of any
power conferred by or under the said rules shall be deemed to have been done or
taken in exercise of the powers conferred by or under these rules, as if these
rules were in force on the day on which such thing was done or action taken. [1] Published in the
Assam Gazette, Part II-A, dated 11th September, 1963, pp-2412-2418. [2] Deleted clauses (1),
(4), and (6) in Rule 3 and thereafter existing clause (1)-(8) re-numbered as
clause (1)-(5), vide Notification No. TCP. 84/67, dated 25th March, 1969,
[Published in the Assam Gazette, dated 1st October, 1969]. Note:
Before deletion clauses (1), (4), and (6) read as follows : (1)
"Chairman" means the Chairman of the Authority; (4)
"Prescribed" means prescribed by rules made under the Assam Town And
Country Planning Act, 1959. (6)
"Appellate Authority" has the same meaning as in Section 43 of the
Assam Town And Country Planning Act, 1959. [3] Substituted sub- rule
(1) in Rule 6, published in the Assam Gazette vide Notification No. TCP. 84/67,
dated 25th March, 1969, [Published in the Assam Gazette, dated 1st October,
1969]. [4] Substituted sub- rule
(1) in Rule 10, Published in the Assam Gazette vide Notification No. TCP.
84/67, dated 25th March, 1969, [Published in the Assam Gazette, dated 1st
October, 1969]. [5] Substituted sub- rule
(2) in Rule 8, published in the Assam Gazette vide Notification No. UDD(T).238/
2004/11, dated 28th Feb., 2006, [w.e.f. 4-3-2006]. Before
substitution read as (a)
The Chairman - such period as may be fixed by the State Government, not being
less than three years commencing, in the case of the first Chairman, on the day
appointed under sub-rule (1) and in the case of any subsequent Chairman on the
date on which his appointment is notified; (b)
members - three years commencing in case of the first members on the day
appointed under sub-rule (1) and in the case of subsequent members, on the date
on which their election or appointment, as the case may be, is notified. [6] Inserted as new Draft
rule "10 A" vide Notification No. TCP. 112/88/117, dated the 21st
March, 1990 (with effect from 17-10-1990). [Published in the Assam Gazette,
Part IIA, dated 17th October, 1990]. [7]
Substituted Rule 16, Published in the Assam Gazette vide Notification No. TCP.
84/67, dated 25th March, 1969, [Published in the Assam Gazette, dated 1st
October, 1969].THE ASSAM TOWN AND COUNTRY PLANNING (MANAGEMENT OF AUTHORITY)
RULES, 1963
PREAMBLE